Min - City Council - 2006 - 09/12 - RegularALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2006
Present
Stephen Terrell, Mayor
Councilmembers:
Susan Bartlemay, Mayor Pro Tem
Debbie Stout
Ross Obermeyer (� ,, M at h 3n p m i
Mark Pacheco
Gary 1. Caplinger
Jeff McGregor
City Statf:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B George, City Secretary
Pete Smith, City Attorney
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6.17 p.m. on Tuesday, September 12, 2006, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included
Introduction of Robert Winningham, Executive Director for the Allen Economic Development
Corporation (AFDC)
Briefing Regarding 'Sex Offender Residence Registration' Ordinances from Various North Texas
Municipalities
Presentation Regarding the Initiation of a Proposed Tax Increment Financing Zone (TIF) for the
Central Business District
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6.59 p.m. on
Tuesday. September 12, 2006.
Call to Order and Announce a Quorum is Present
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7 10 p.m on Tuesday, September 12, 2006, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
Public Recognition
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2006 PAGE 2
1. Introduction of Robert Winningham, Executive Director for the Allen Economic Development
Corporation (AEDC).
2. Presentation of Blue Star Flags to the Families of Allen Service Personnel Currently Deployed
by the U.S. Armed Forces.
Dru Garza, spouse of First Sergeant Arturo Garza with the United States Army
Matt and Andrea Golub, parents of Petty Officer 3rd Class Nathan M Golub with the United
States Naw.
Robert and Betty Pruneau, parents of Private First Class Ryan Lee A. Pruneau with the United
Slates Amy
3. Presentation of a Proclamation by the Office of the Mayor:
Presentation of a Proclamation Honoring Adam Eck, Special Olympic Gold Medalist
4. Citizen's Comments
Jack Lagos, 3120 Oxford Court, Plano Texas, spoke regarding the Arts of Collin County
Commission, Inc.
Dale Richey, 1210 Bel Air Drive, Allen, Texas, spoke regarding the Water Conservation Plan.
Consent Agenda
MOTION: Upon a motion made by Counctlmember Stout and a second by Councilmember Obermeyer,
Council voted seven (7) for and none (0) opposed to adopt the consent agenda as follows
5. Approval of Action of the Sign Control Board Regarding the Requested Variance for Holiday
Inn Express for the Separation of Pole Signs.
6. Approve Minutes of the August 18-20, 2006, Fiscal Year 2007 Budget Workshop.
7. Approve Minutes of the August 22, 2006, Regular Meeting.
8. Approve Minutes of the August 29, 2006, Special Called Meeting.
9. Adopt an Ordinance Approving and Enacting Supplement No. 2 to the Code of Ordinances.
ORDINANCE NO. 2546-9-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 2 TO THE CODE OF
ORDINANCES, PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE
MAYOR AND ATTESTATION BY THE CITY SECRETARY, PROVIDING A REPEAL OF
CERTAIN ORDINANCES: PROVIDING EXCEPTIONS TO REPEAL, PROVIDING A PENALTY
FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE,
10. Adopt an Ordinance Authorizing a Street Name Change from `Epoch Drive', in its Entirety, to
`Central Park Avenue'.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2006
PAGE
ORDINANCE NO. 2547-9-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, CHANGING THE NAME OF "EPOCH DRIVE," IN ITS
ENTIRETY, TO "CENTRAL PARK AVENUE" AS SHOWN ON EXHIBIT "A": PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
11. Adopt an Ordinance Authorizing a Street Name Change from 'Raintree Circle', North of
Exchange Parkway, to 'Bossy Boots Drive'.
ORDINANCE NO. 2548-9-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, CHANGING THE NAME OF "RAINTREE CIRCLE,"
NORTH OF EXCHANGE PARKWAY, TO "BOSSY BOOTS DRIVE" AS SHOWN ON EXHIBIT
"A", PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A REPEALING
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
12. Adopt an Ordinance Authorizing the Street Name Change from 'Be] Air Drive', South of
Bethany Drive, to 'Montgomery Boulevard'.
ORDINANCE NO. 2550-9-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CI"FY OF
ALLEN, COLLIN COUNTY, TEXAS, CHANGING THE NAME OF "BEL AIR DRIVE;' SOUTH
OF BETHANY DRIVE, TO "MONTGOMERY BOULEVARD" AS SHOWN ON EXHIBIT "A",
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
13. Adopt an Ordinance Authorizing the Street Name Change from 'FM 2551' to 'Angel
Parkway'.
ORDINANCE NO. 2551-9-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, CHANGING THE NAME OF "FM 2551;' SOUTH OF
MAIN STREET, TO "ANGEL PARKWAY" AS SHOWN ON EXHIBIT "A PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE.
14. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, "Motor Vehicles and
Traffic," Amending the Speed Limit for McDermott Drive and Main Street within the
Corporate Limits of the City of Allen.
ORDINANCE NO. 2552-9-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
AMENDING THE TABLE IN CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V,
"OPERATION OF VEHICLES," DIVISION 2, "SPEED REGULATIONS;' SECTION 9-135(a), TO
AMEND "FHE MAXIMUM PRIMA FACIE SPEED LIMIT FOR McDERMOTT DRIVE AND FOR
MAIN STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN, PROVIDING
FOR A REPEALING 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.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2006 PAGE 4
15. Adopt an Ordinance Amending and Correcting a Scrivener's Error in Ordinance No. 2459-
11-05 Regarding Parking Requirements for all Multi -Family Developments.
ORDINANCE NO 2553-9-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING AND CORRECTING ORDINANCE NO.
2459-11-05, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 8, 2005,
WHICH CONTAINED A SCRIVENER'S ERROR IN ARTICLE VII, "ZONING DEVELOPMENT
STANDARDS,' SECTION 7.04.1 "PARKING REQUIREMENTS FOR ALL MULTI -FAMILY
DEVELOPMENTS;' WHICH INCORRECTLY STATED THAT THE MULTI -FAMILY
GARAGES MUST BE "ENCLOSED" INSTEAD OF "ATTACHED", PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SLIM OF TWO
THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE
16. Adopt a Resolution Approving an Interlocal Cooperation Agreement with the City of Plano for
Courier Services between the Allen and Plano Public Libraries.
RESOLUTION NO. 2554-9-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PLANO,
TEXAS, AND THE CITY OF ALLEN, TEXAS, FOR LIBRARY COURIER SERVICES,
AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING
AN EFFECTIVE DATE.
17. Adopt a Resolution Approving an Interlocal Cooperation Agreement with Collin County to
Permit the Use of Certain Space within the Allen Municipal Court Facilities Located at 301
Century Parkway for Justice of the Peace Proceedings Conducted by a Justice of the Peace and
Other Collin County Elected Officials.
RESOLUTION NO. 2555-9-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE ATTACHED INTERLOCAL COOPERATION AGREEMENT BY THE CITY OF ALLEN
AND COLLIN COUNTY, TEXAS, TO PERMIT THE USE OF CERTAIN SPACE WITHIN THE
ALLEN MUNICIPAL COURT FACILITIES LOCATED WITHIN THE ALLEN MUNICIPAL
COURTIPARKS & RECREATION BUILDING AT 301 CENTURY PARKWAY, ALLEN,
TEXAS, FOR JUSTICE OF THE PEACE PROCEEDINGS CONDUCTED BY A JUSTICE, OF
THE PEACE AND OTHER COLLIN COUNTY ELECTED OFFICIALS; AUTHORIZING
EXECUTION OF THE INTERLOCAL COOPERATION AGREEMENT BY THE CITY
MANAGER; AND PROVIDING AN EFFECTIVE DATE.
18. Authorize Execution of a Facilities Agreement with Hillwood RED, L.P. for their Property
known as Twin Creeks Phases 6B, 7B, and 8B for the Design and Construction of Phase 1 of a
10+ Acre Neighborhood Park and an Associated Recreational Trail.
19. Authorize Execution of a Professional Services Contract with Birkoff, Hendricks & Conway,
L.L.P., in the Amount of $46,480 for the Design Services of Phase It for the Erosion Control
Site Improvements to Chase Oaks Golf Club.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2006 PAGE 5
20. Authorize Execution of a One-year Contract with Blade Turners Maintenance for an
Estimated Annual Expenditure of $301,778.88 to Provide Litter Collection and Detailed
Overpass/Underpass Maintenance of the US 75 Corridor and Various City Properties with
Four One -Year Options to Renew under the Same Contract Terms and Conditions.
21. Award Bid and Authorize Execution of a Contract with JRJ Paving, L.P. for the Construction
of Exchange Parkway Widening Phase 1 from Watters Road to Watters Branch Creek in the
Amount of $2,060,225.25 and Approve the Amended Budget of $2,450,000 for this Project.
22. Motion to Authorize Mayor Terrell to Cast Votes and Sign the Ballot for the Texas Municipal
League Intergovernmental Risk Pool Board of Trustees Election.
23. Motion to Appoint Mr. Steve Matthews as an `At -Large Representative' to the Arts of Collin
County (ACC) Commission Board of Directors.
24. Motion to Accept the Certification of Anticipated Tax Collection Rate for the 2006-2007
Taxable Year, the Certification of Excess Debt Collections for the Taxable Year 2005-2006, and
the Certification of the 2006 Appraisal Roll.
The motion carried.
Regular Agenda
25. Adopt an Ordinance Amending the Fiscal Year 2005-2006 Budget, Approving the Fiscal Year
2006-2007 Budget, and Approving the 2007-2011 Capital Improvement Program.
ORDINANCE NO. 2556-9-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30,2007; APPROPRIATING THE
VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET, PROVIDING FOR RECORDING OF
THE ORDINANCE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
MOTION: Upon a motion by Mayor Pro Tem Bartlemav and a second by Councilmcmber McGregor,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2556-9-06, as
previously captioned, approving the Fiscal Year 2006-2007 Budget, and approving the 2007-
2011 Capital Improvement Program. The motion carried.
26. Adopt an Ordinance Setting the Tax Rate of $0.558 per $100 Valuation of Property for the
2006-2007 Fiscal Year.
ORDINANCE NO. 2557-9-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE TAX
YEAR 2006 (FISCAL YEAR 2006-2007) AT A RATE OF $0.11110 PER ONE HUNDRED
DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY OF ALLEN AS OF JANUARY], 2006, TO PROVIDE
REVENUE FOR THE PAYMENT OF CURRENT EXPENSES, PROVIDING FOR AN INTEREST
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2006
PAGE 6
AND SINKING FUND FOR ALL OUTSTANDING DEBT OF THE CITY OF ALLEN;
PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND
INTEREST, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE,
AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion by Councilmember Pacheco and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2557-9-06, as
previously captioned, to set a tax rate of $0.558 per $100 Valuation of Property for the 2006-
2007 Fiscal Year. The motion carried.
Councilmember Pacheco left the Council bench due to a conflict of interest on Agenda Item 27
27. Conduct a Public Hearing and Adopt an Ordinance to Amend PD Planned Development No. 55
to Modify the Front Yard Setback along Watters Road on Approximately 15± Acres of Land
Located at the Northwest Corner of Bethany Drive and Watters Road.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item
to do so at this time.
Jack Wills, 209 Watters Crossing, Allen, Texas, questioned the Zoning on this item as garden office.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2558-9-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING "rHE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
AMENDING THE DEVELOPMENT REGULATIONS FOR PROPERTY ZONED "PD"
PLANNED DEVELOPMENT NO. 55 FOR TRACT 2 BEING 15115± ACRES DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; 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 by Councilmember Stout and a second by Councilmember Caplinger, the
Council voted six (6) for, none (0) opposed and with one (1) abstaining, to adopt Ordinance
No 2558-9-06, as previously captioned, to amend the development regulations for Planned
Development No. 55 by modifying the front yard setback along Waters Road from 100 to 25
feet at the northwest corner of Bethany Drive and Watters Road The motion carried
Councilmember Pacheco returned to his seat at the Council bench
28. CONTINUED ITEM: Continue the Public Hearing and Adopt an Ordinance Granting a
Change of Zoning from "PD" Planned Development No. 76 for "R-5" Single -Family
Residential and "A -O" Agriculture -Open Space to "PD" Planned Development No. 96 to
Amend PD 96 to Allow "R -T' Single -Family Residential and "TH" Townhome and "O" Office
on 16± Acres of Land Located Southeast of Bethany Drive and Alma Drive. (Bethany Mews)
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2006 PAGE 7
MOTION: Upon a motion by Councilmember McGregor and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to continue the public hearing. The
motion carried
Mayor Terrell announced that the public hearing was still open and asked anyone wishing to speak
for or against this item to do so at this time
Jack Wills, 109 Sierra Court, Allen, Texas, asked that all items said be included in the ordinance.
The following Individuals expressed opposition to the request.
Dale Richey, 1210 Bel Air Drive, Allen, Texas
Russ Maksuth, 1412 Placer Drive, Allen, Texas
Erik Swenson, 1414 Placer Place, Allen, Texas
Jon Fayard, 411 Suncreek Drive, Allen, Texas
Doug Leevel, 1419 Imperial Drive, Allen, Texas
Sherry Natzke, 1407 Bel Air Drive, Allen, Texas
Gordon McAleb, 1001 Ashland Court, Allen, Texas
Norma McAleb, 104 Fontana Court, Allen, Texas
Bill McAleb, 104 Fontana Court, Allen, Texas
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2559-9-06: 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 AMENDING
"PD" PLANNED DEVELOPMENT DISTRICT NO 76, ORDINANCE NO. 1649-10-98, AND "PD"
PLANNED DEVELOPMENT DISTRICT NO. 96, ORDINANCE NO. 2353-12-04, AS
HERETOFORE AMENDED, TO REZONE 16.80± ACRES OUT OF THE DAVID H. NIX SURVEY,
ABSTRACT NO. 668, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO, FROM PLANNED DEVELOPMENT DISTRICT NO. 76 FOR "R-5" SINGLE-FAMILY
RESIDENTIAL DISTRICT AND "A -O" AGRICULTURE -OPEN SPACE DISTRICT TO PLANNED
DEVELOPMENT DISTRICT NO. 96 FOR "R-7" SINGLE-FAMILY RESIDENTIAL DISTRICT,
'T F' TOWNHOME DISTRICT, AND "O" OFFICE DISTRICT, PROVIDING FOR THE
APPROVAL OF DEVELOPMENT REGULATIONS, ATTACHED AS EXHIBIT "B" AND THE
APPROVAL OF A CONCEPT PLAN, ATTACHED AS EXHIBIT "C', PROVIDING FOR A
REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 by Councilmember Stout and a second by Caplinger, the Council voted seven
(7) for and none (0) opposed to adopt Ordinance No 2559-9-06, as previously captioned, to
change the zoning from "PD" Planned Development No. 76 for "R-5" Single -Family
Residential and "A -O" Agriculture -Open Space to expand Planned Development No 96 to
allow "R-7" Single -Family Residential, "TH" Townhome, and "O" Office for Bethany Mews
located southeast of Bethany Drive and Alma Drive. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2006
PAGE
29. CONTINUED ITEM: Continue the Public Hearing and Adopt an Ordinance to Amend "PD"
Planned Development No. 96 to Allow "R-6" Single -Family Residential on 30t Acres of Land
Located North of Alma Drive at the Bethany Drive Intersection. (Hamilton Hills)
MOTION: Upon a motion by Mayor Pro Tem Bartlemay and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to continue the public hearing. The
motion carried.
Mayor Terrell announced that the public hearing was still open and asked anyone wishing to speak
for or against this item to do so at this time.
The following individuals expressed opposition to the request
With no one else speaking, Mayor Terrell closed the public hearing
ORDINANCE NO. 2560-9-06: 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 AMENDING
AND EXPANDING "PD" PLANNED DEVELOPMENT DISTRICT NO 96 TO REZONE 3097±
ACRES OUT OF THE DAVID H. NIX SURVEY, ABSTRACT NO. 668, AND THE JAMES
WILCOX SURVEY, ABSTRACT NO. 1017, BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO, FROM "A -O" AGRICULTURE -OPEN SPACE DISTRICT TO "R-6"
SINGLE-FAMILY RESIDENTIAL DISTRICT, PROVIDING FOR THE APPROVAL OF
DEVELOPMENT REGULATIONS, ATTACHED AS EXHIBIT "B" AND THE APPROVAL OF A
CONCEPT PLAN, ATTACHED AS EXHIBIT "C", PROVIDING FOR A REPEALING CLAUSE;
PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR 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.
Dale Richey, 1210 Bel Air Drive, Allen, Texas
Steve Norton, 1131 Bel Air Drive, Allen. Texas
Martin Wigder, 1415 San Mateo Drive, Allen, Texas
Pete March, 1201 Sonoma Drive, Allen, Texas
Jack Wills, 109 Sierra Court, Allen, Texas
Stephanie Walton, 1231 Newberry Drive, Allen, Texas
Holly Fabiny, 1231 Covina Court, Allen, Texas
Jeff Plymazz, 1204 Bel Air Drive, Allen, Texas
Russ Maksuth, 1412 Placer Drive, Allen, Texas
Erik Swenson, 1414 Placer Place, Allen, Texas
Jon Fayard, 411 Suncreek Drive, Allen, Texas
Doug Leevel, 1419 Imperial Drive, Allen, Texas
Sherry Natzke, 1407 Bel Air Drive, Allen, Texas
Kevin Banker, 1821 Rice Court, Allen, Texas
Merrie Cypert, 1000 Alameda Court, Allen, Texas
James Reed, 103 San Mateo Court, Allen, Texas
Gordon McAleb, 1001 Ashland Court, Allen, Texas
Norma McAleb, 104 Fontana Court, Allen, Texas
Bill McAleb, 104 Fontana Court, Allen, Texas
With no one else speaking, Mayor Terrell closed the public hearing
ORDINANCE NO. 2560-9-06: 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 AMENDING
AND EXPANDING "PD" PLANNED DEVELOPMENT DISTRICT NO 96 TO REZONE 3097±
ACRES OUT OF THE DAVID H. NIX SURVEY, ABSTRACT NO. 668, AND THE JAMES
WILCOX SURVEY, ABSTRACT NO. 1017, BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO, FROM "A -O" AGRICULTURE -OPEN SPACE DISTRICT TO "R-6"
SINGLE-FAMILY RESIDENTIAL DISTRICT, PROVIDING FOR THE APPROVAL OF
DEVELOPMENT REGULATIONS, ATTACHED AS EXHIBIT "B" AND THE APPROVAL OF A
CONCEPT PLAN, ATTACHED AS EXHIBIT "C", PROVIDING FOR A REPEALING CLAUSE;
PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR 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.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2006
PAGE
MOTION: Upon a motion by Councilmember Caplinger and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2560-9-06, as
previously captioned, to expand Planned Development No 96 to allow "R-6" Single -Family
Residential for Hamilton Hills located north of Alma at the Bethany Drive intersection. The
motion carried
30. CONTINUED ITEM: Continue the Public Hearing and Adopt an Ordinance Granting a
Change of Zoning from "PD" Planned Development No. 76 for "R-5" Single -Family
Residential and "A -O" Agriculture -Open Space to "PD" Planned Development No. 96 to
Amend PD 96 to Allow "TH" Townhome and "LR" Local Retail on 18t Acres of Land Located
on the Northeast Corner of Bethany Drive and Alma Drive. (Connemara Crossing)
MOTION: Upon a motion by Councilmember Stout and a second by Councilmember Obermeyer, the
Council voted seven (7) for and none (0) opposed to continue the public hearing The
motion carried.
Ms. George announced that she had accepted and verified written opposition from property owners
within 200 feet of the zoning request property and Mr. David Hoover, Planning and Development
Director, has confirmed that 22.4% of the 200 foot protested area was computed The Council must
have a super majority vote in order to approve the zoning request as required b' Section 4.06,
Changes and Amendments, of the Allen Land Development Code.
Mayor Terrell announced that the public hearing was still open and asked anyone wishing to speak
for or against this item to do so at this time
The following individuals expressed opposition to the request:
David Egan, 1231 Irvine Drive, Allen, Texas
Glen Willis, 500 Irvine Drive, Allen,'l eras
Jack Wills, 109 Sierra Court, Allen, Texas
Pete March, 1201 Sonoma Drive, Allen, Texas
Greg Reed, 307 Napa Drive, Allen, Texas
Dale Richey, 1210 Bel Air Drive, Allen, Texas
Martin Wigder, 1415 San Mateo Drive, Allen, Texas
Stephanie Walton, 1231 Newberry Drive, Allen, "Texas
Brad Linscott, 1217 Irvine Drive, Allen, Texas
Steve Norton, 1131 Bel Air Drive, Allen, Texas
Barbara Hall, 1009 Ashland Court, Allen, Texas
Holly Fabiny, 1231 Covina Court, Allen, Texas
Mark Fabmy, 1231 Covina Court, Allen, Texas
Joseph Walker, 1219 Irvine Drive, Allen, Texas
Len Catanach, 410 Imperial Drive, Allen, Texas
Carol Welch, 504 Newport Drive, Allen, Texas
Jeff Plymazz, 1204 Bel Air Drive, Allen, Texas
Jack Wills. 109 Sierra Court. Allen. Texas
Shelley Stelmach, 1235 Irvine Drive, Allen, Texas
Debby Reed, 307 Napa Drive, Allen,'I eras
Russ Maksuth, 1412 Placer Drive, Allen, Texas
Erik Swenson, 1414 Placer Place, Allen, Tessa
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2006
I'
Jon Fayard, 411 Suncreek Drive, Allen, Texas
Doug Leevel, 1419 Imperial Drive, Allen, Texas
Sherry Natzke, 1407 Bel Air Drive, Allen, Texas
Kevin Banker, 1821 Rice Court, Allen, Texas
Meme Cypert, 1000 Alameda Court, Allen, Texas
James Reed, 103 San Mateo Court, Allen, Texas
Gordon McAleb, 1001 Ashland Court, Allen, Texas
Norma McAleb, 104 Fontana Court, Allen, Texas
Bill McAleb, 104 Fontana Court, Allen, Texas
With no one else speaking, Mayor Terrell closed the public hearing.
PAGE 10
MOTION: Upon a motion by Councilmember McGregor and a second by Councilmember Pacheco, the
Council voted seven (7) for and none (0) opposed to deny the request e ithout prejudice. The
motion carried
31. Motion to Consider Appointments to Fill Expiring Terms and Vacancies on All City Boards,
Commissions, and Corporations.
Councilmember Obermeyer presented the slate of nominations as follows.
Animal Shelter Advisory Committee Expiration Date
Place No. 2 Joey Allette September 30, 2008
Place No. 4 Bill Ameser September 30, 2008
Board of Ad)ustment/Building & Standards Com./Siem Board Expiration Date
Place No. 2 Alex Kirk September 30, 2008
Place No. 4 Frank Brown September 30, 2008
Central Business District Design Review Committee Expiration Date
Place No. 2 Steve Shaffer September 30, 2008
Community Development Corporation Expiration Date
Place No. 2 George Clansman September 30, 2008
Place No. 4 Lori Stitt September 30, 2008
Place No. 6 Sue Johnson September 30, 2008
Economic Development Corporation Expiration Date
Place No. 2 Tim Wood September 30, 2009
Keep Allen Beautiful Expiration Date
Place No. 2 Lynna Smith September 30, 2008
Place No 4 Lori Welborn September 30, 2008
Place No 6 Kerry Craven September 30, 2008
i'
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2006 PAGE 11
Library Board Expiration Date
Place No. 2 Donna Drews Various September 30, 2008
Place No. 4 Ruth Pringle September 30, 2008
Place No. 6 In Long September 30, 2008
Parks and Recreation Board Expiration Date
Place No. 2 Libby Jones September 30, 2008
Place No. 4 Todd McIntosh September 30, 2008
Place No. 6 John Kelley September 30, 2008
Planning and Zoning Commission Expiration Date
Place No. 2 James Rushing September 30, 2008
Place No. 4 Jeff Cocking September 30, 2008
Place No. 6 Robert Wendland September 30, 2008
Health Officer Expiration Date
Dr. John Connolly September 30, 2008
MOTION: Upon a motion by Councilmember McGregor and a second by Mayor Pro Tem Bardemay,
the Council voted seven (7) for and none (0) opposed that nominations cease and that the
slate of individuals previously nominated be appointed by acclamation to the designated
places on the Allen Animal Shelter Advisory Committee, Board of Adjustment/Building and
Standards Commission/Sign Control Board, Allen Community Development Corporation
Board, Allen Economic Development Corporation Board, Central Business District Design
Review Committee, Keep Allen Beautiful Board, Library Board, Parks and Recreation
Board, Planning and Zoning Commission, and Health Officer, respectively
Other Business
32. Calendar
September 19 — Millennium Awards Banquet/l 1.30 a.m.
September 19 — City Council/AEDC Special Called Joint Workshop/6:00 p an.
October 2 — Allies Day
October 30 — TRIAD Meeting/6:00 p in.
December 8 — Board Appreciation Dinner
33. Items of Interest
The Executive Session was not held.
34. Reconvene and Consider Action on Items Discussed during Executive Session.
A
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 12, 2006
I
PAGE 12
MOTION: Upon a motion made by Counedmember Stout and a second by Mayor Pro Tem Bartlemay,
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 11 34 p.m. on Tuesday, September 12,2006- The motion carried
These minutes approved on the 26' day of September, 2006,
ATTEST:
Shelley B. Ge CITY SECRET Y
0
I
APPROVED:
St -Ph, Terrell, MAYOR