Min - City Council - 2005 - 05/10 - RegularC
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
City Starc:
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 10, 2005
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With a quorum of the Allen City Council and Planning and Zoning Commission present, the Special Joint
Workshop was called to order by Mayor Terrell and Chairman Caplinger at 6:18 p.m. on Tuesday. May 10,
2005, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas.
Commissioners present were: Alan Grimes, James Rushing, Douglas Dreggors, Darron Culbertson, Gary
Caplinger, Robert Wendland, and Robin Sedlacek. Items discussed in the workshop included:
Update Regarding Central Business District (CBD)
With no further discussion, the Special Joint Workshop was adjourned at 7:12 p.m. on Tuesday, May 10,
2005.
Call to Order and Announce a Ouorum is Present
With a quortm of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7 16 p.m. on Tuesday, May 10, 2005, in the Council Chambers of the Allen City
Halt, 305 Century Parkway. Allen, Texas.
Administer Oaths -of -Office and Present Certificates -of -Election to Mayor Stephen Terrell and
Councilmember Ross Obermeyer.
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Peter G Smith, City Attorney
Special Joint Workshop
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With a quorum of the Allen City Council and Planning and Zoning Commission present, the Special Joint
Workshop was called to order by Mayor Terrell and Chairman Caplinger at 6:18 p.m. on Tuesday. May 10,
2005, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas.
Commissioners present were: Alan Grimes, James Rushing, Douglas Dreggors, Darron Culbertson, Gary
Caplinger, Robert Wendland, and Robin Sedlacek. Items discussed in the workshop included:
Update Regarding Central Business District (CBD)
With no further discussion, the Special Joint Workshop was adjourned at 7:12 p.m. on Tuesday, May 10,
2005.
Call to Order and Announce a Ouorum is Present
With a quortm of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7 16 p.m. on Tuesday, May 10, 2005, in the Council Chambers of the Allen City
Halt, 305 Century Parkway. Allen, Texas.
Administer Oaths -of -Office and Present Certificates -of -Election to Mayor Stephen Terrell and
Councilmember Ross Obermeyer.
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ALLEN CITY COUNCIL
REGULAR MEETING
MAY 10, 2005
Public Recoeuition
2. Citizens' Comments.
PAGE
Council recognized Boy Scouts from Troop No. 306 who were in attendance as part of the
requirements for earning their community merit badge.
3. Presentation of Blue Star Flags to the Families of City of Allen Employees Theodossios "TJ"
Maroulis and Lawrence "Guy" Miller.
4. Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Vikki Francis, Supervisor of Animal Control,
Proclaiming the Week of May 15-21, 2005, as National Bite Prevention Week.
• Presentation of a Proclamation to Steve Massey, Director of Community Services, and
Representatives of the Community Services Department, Proclaiming the Week of May 15-
21, 2005, ss National Public Works Week.
5. Tom Keener, Development Coordinator, will Announce the Program and Exhibit Presentation
by Author Robert Sabuda at the Allen Public Library on May 13th and 14th.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay,
the Council voted seven (7) for and none (0) opposed to approve and adopt the consent
agenda as follows:
6. Approve Minutes of the April 26, 2005, Regular Meeting.
7. Adopt an Ordinance Granting the City Engineer the Authority to Establish Construction
Speed Limits within the Allen City Limits.
ORDINANCE NO. 2396-5-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION
OF VEHICLES," DIVISION 2, "SPEED REGULATIONS" TO ADD SECTION 9-140
"TEMPORARY SPEED LIMITS," TO AUTHORIZE THE DIRECTOR OF ENGINEERING TO
ESTABLISH TEMPORARY SPEED LIMITS; PROVIDING A REPEALING CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
8. Adopt a Resolution Authorizing the City Manager and City Attorney to Initiate Eminent
Domain Proceedings, if Necessary, for Acquisition of Ridgeview Drive Right -of -Way, East of
Custer Road, for the City of Plano Road Widening and Streetlight Installation Project.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 10, 2005
PAGE
RESOLUTION NO. 2397-5-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE
ACQUISITION OF A 0.874 -ACRE TRACT AS DESCREBED IN THE EXHIBITS ATTACHED
HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE
CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE RIGHT-
OF-WAY; AND PROVIDING FOR AN EFFECTIVE DATE.
Adopt a Resolution Establishing the Fee Schedule for the Youth Center Facility at Allen
Station Park.
RESOLUTION NO. 2398-5-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES FOR THE ANNUAL
MEMBERSHIP OF THE YOUTH CENTER AT ALLEN STATION PARK; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE
10. Authorize Execution of Contracts through the Authorized State of Texas (TXMAS)
Contractors with LIBRA -TECH Corporation in the Amount of $11,752.04; with Royer &
Schutts in the Amount of $7,355.60; and with mity-lite in an amount of $8,064.02 for a Grand
Total Amount of $27,171.66 for the Purchase, Delivery, and Installation of System and
Miscellaneous Furniture and Equipment for the Allen Station Park Youth Center Facility.
Council authorized the City Manager to execute the contracts.
11. Authorize Execution of a Real Estate Sales Contract for Right -of -Way for the SH 5 Widening
Project with North Allen Investments for Parcel 3 for an Amount of $16,561 plus Closing Costs
for Construction of Paving and Utility Improvements.
Council authorized the City Manager to execute the contract.
12. Authorize Execution of an Amendment to the Shelley Tract Facilities Agreement Stipulating
the Chaparral Road Improvements.
Council authorized the City Manager to execute the amendment.
The motion carried.
Reeular Agenda
13. TABLED ITEM: Adopt an Ordinance Granting a Change in Zoning from PD Planned
Development No. 54 for MF Multi -family Uses to PD Planned Development No. 54 for TH
Townhome Uses on 15f Acres Located North of McDermott Drive and East of Alma Drive.
MOTION: Upon a motion made by Councilmember Bardemay and a second by Councilmember
McGregor, the Council voted seven (7) for and none (0) opposed to remove this item from
the table. The motion carried.
ORDINANCE NO. 2399-5-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 10, 2005
PAGE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY CHANGING
THE ZONING FROM "ME" MULTI -FAMILY TO "TH" TOWNHOME FOR TRACT 24 OF
PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-5-93, AS HERETOFORE
AMENDED, FOR 15.459± ACRES IN THE KATHERINE PARSONS SURVEY, ABSTRACT NO.
711, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN
EXHIBIT "A", PROVIDING FOR A CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B";
PROVIDING FOR A SCREENING WALL PLAN ATTACHED HERETO AS EXHIBIT "C";
PROVIDING FOR BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBIT "D';
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember McGregor,
the Council voted seven (7) for and none opposed to adopt Ordinance No. 2399-5-05 as
previously captioned, with the following amendments:
1) Section 2, Item (a) shall read ".wrought iron fence should be six (6) feet in height"
Add: "The columns shall be constructed fifty (50) feet on center "
2) Section 2, Item (c) shall read " .trees on McDermott Drive are to be planted twenty-five
(25) feet on center.'
3) Section 2, Item (g), delete the phrase "and include at least ten (10) trees planted one
hundred (100) feet on center' and replace with "with trees to be planted fifty (50) feet on
center." This Refers to the North property line
4) Section 2, Item (i) — Add at end of item "The northwest and northeast comers shall be
constructed with a visibility triangle."
5) The Concept Plan, Exhibit "B;' shall be revised to reflect changes in the ordinance.
The motion carried.
14. TABLED ITEM: Adopt an Ordinance Granting a Change in Zoning from PD Planned
Development No. 54 for IT Industrial Technology to PD Planned Development No. 54 for TH
Townhome Uses on 27± Acres Located between Benton Drive, Bray Central Drive, Watters
Road, and Plainview Drive.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember
Pacheco, the Council voted seven (7) for and none (0) opposed to remove this item from the
table. The motion carried.
ORDINANCE NO. 2400-5-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY CHANGING
THE ZONING FROM `9T" INDUSTRIAL TECHNOLOGY TO `TH" TOWNHOME FOR TRACT
12 OF PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-5-93, AS HERETOFORE
AMENDED, FOR 27.6131 ACRES IN THE KATHERINE PARSONS SURVEY, ABSTRACT NO.
711, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN
r EXHIBIT "A", PROVIDING FOR A CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B",
PROVIDING FOR A SCREENING WALL PLAN ATTACHED HERETO AS EXHBIT "C,
PROVIDING FOR BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBIT "D",
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 10, 2005
PAGE 5
A SAVINGS CLAUSE: PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember Stout, the
Council voted six (6) for and one (1) opposed with Mayor Pro Tem Fulk casting the negative
vote, to adopt Ordinance No. 2400-5-05 as previously captioned, with the following
amendments:
I) Section 2, Item (a) shall read " wrought iron fence should be six (6) feet in height."
Add: "The columns shall be constructed fifty (50) feet on center."
2) Section 2, Item (e), delete the phrase "trees planted thirty (30) feet on center, and shrubs"
and replace with "trees planted twenty-five (25) feet on center, and shrubs." Add at end
of item: "Trees will not be required along the north property line that is not adjacent to a
roadway "
3) The Concept Plan, Exhibit "B," shall be revised to reflect changes in the ordinance.
The motion carried.
15. Conduct a Public Hearing and Adopt an Ordinance Considering Amendments to the Code of
Ordinances, Chapter 6, Health and Environment, Article II—Accumulation of Weeds and
Other Objectionable Matter; Article III—Solid Waste; and Article IV—Property Maintenance
Code.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2401-5-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 6, "HEALTH AND ENVIRONMENT," ARTICLE 11,
"ACCUMULATION OF WEEDS AND OTHER OBJECTIONABLE MATTER;' TO PROVIDE
FOR DEFINITIONS OF NUISANCES AND TO ADOPT REGULATIONS FOR THE
ABATEMENT OF NUISANCES THAT EXIST ON PRIVATE PROPERTY AND TO ADOPT
PROVISIONS THAT CONFORM WITH THE TEXAS HEALTH AND SAFETY CODE FOR THE
ABATEMENT OF HIGH WEEDS AND GRASS, AMENDING ARTICLE III, "SOLID WASTE;'
TO PROVIDE REGULATIONS FOR THE USE OF POLYCART RECEPTACLES AND
REGULATIONS FOR THE PLACEMENT OF TRASH; AMENDING ARTICLE IV, "PROPERTY
MAINTENANCE CODE." TO ADOPT NEW PROVISIONS REGARDING MINIMUM
PROPERTY STANDARDS, PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Bardemay and a second by Councilmember
Obermeyer, the Council voted six (6) for and one (1) opposed with Councilmember
McGregor casting the negative vote, to adopt Ordinance No. 2401-5-05 as previously
captioned. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 10, 2005 PAGE 6
16. Conduct a Public Hearing and Adopt an Ordinance Amending the Code of Ordinances,
Chapter 9, Motor Vehicles and Traffic, Article XII—Abandoned Vehicles.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2402-5-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE XII, BY
AMENDING THE DEFINITION OF JUNKED VEHICLES AND BY PROVIDING AN
ABATEMENT PROCEDURE THAT CONFORMS WITH STATE LAW; PROVIDING A
REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION: Upon a motion made by Councilmember Obermever and a second by Councilmember Stout,
the Council voted seven (7) for and none opposed to adopt Ordinance No. 2402-5-05 as
previously captioned The motion carried.
17. Appoint or Re -appoint a Member to the North Texas Municipal Water District Board for a
Two-year Term Effective June 1, 2005, to May 31, 2007.
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Bartlemay,
the Council voted seven (7) for and none (0) opposed to reappoint Mr. James Kerr to the
North Texas Municipal Water District Board as a representative for the City of Allen for a
two-year term effective June 1, 2005, through May 31, 2007 The motion carried.
Other Business
18. Calendar.
• May 15 — Reception for Dale Gregoriew/Christ the Servant Lutheran Church/4:00 p.m. —
6:00 p.m.
• May 25 — TxDOT Public Meeting/SH 121/6:30 p.m./McKinney
• May 30 — City Offices Closed in Observance of Memorial Day
• June 2 — Tri -City Councils with Arts of Collin County—Public Forum/Allen Civic
Auditorium/Allen Public Library/6:30 p.m.
• June 4 — Grand Opening Ceremony for the Youth Center Facility/Allen Station Park/10:30
a.m.
• June 25 — Allen USA Celebration
19. Items of Interest.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 10, 2005
II
Executive Session
The Executive Session was not held.
PAGE 7
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 8:36 p.m. on Tuesday, May 10, 2005. The motion carried.
These minutes approved on the 24ih day of May, 2005
ATTEST:
Shelley B. Geo TRMC, CITY OCRETARY
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APPROVED:
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Stephen Terrell, MAYOR