Min - City Council - 2006 - 11/28 - RegularA
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 28, 2006
Present
Stephen Terrell, Mayor
Councilmembers:
Susan Bartlemay, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Gary L. Caplinger
Jeff McGregor
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney
Workshop Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6.12 p.m. on Tuesday, November 28, 2006, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, 'Texas. Items discussed in the workshop included:
• Discussion Regarding a Tariff for Under Grounding Electric Utility Lines
• Allen Economic Development Corporation Update
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:02 p in on
Tuesday, November 28, 2006
Call to Order and Announce a Ouorum 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, November 28, 2006, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledee of of Allegiance
Public Recognition
1. Citizens' Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 28, 2006 PAGE 2
IConsent Aeenda
MOTION: Upon a motion made by Mayor Pro Tem Bartlemay and a second by Councilmember Stout,
Council voted seven (7) for and none (0) opposed to adopt the consent agenda as follows"
Approve Minutes of the October 30, 2006, Triad Meeting.
Approve Minutes of the November 14, 2006, Regular Meeting.
Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement between
Region 4 Education Service Center, which Sponsors the Cooperative Purchasing Network, and
the City of Allen.
RESOLUTION NO. 2576-11-060: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
AN INTERLOCAL AGREEMENT BETWEEN THE REGION 4 EDUCATION SERVICE
CENTER, WHICH SPONSORS THE COOPERATIVE PURCHASING NETWORK (TCPN),
PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND
SERVICES, DESIGNATING THE CITY MANAGER, OR DESIGNEE, AS OFFICIAL
REPRESENTATIVE OF THE CITY OF ALLEN, TEXAS, RELATING TO THE PROGRAM: AND
PROVIDING AN EFFECTIVE DATE.
5. Authorize the City Manager to Execute a One -Year Contract for Water and Sewer Parts and
Supplies with Ferguson Waterworks, National Wholesale Supply, Inc., and Municipal Water
Works Supply, LP, for an Estimated Annual Total Expenditure of $40,000, with Three One -
Year Options to Renew, with Said Options to be Exercised Solely at the City's Discretion.
Contract Pricing may be Increased or Decreased at the Renewal Period Based on the U.S.
Department of Labor Pricing Index for an Amount Not to Exceed 5%.
6. Authorize the City Manager to Execute a Contract with T -Mobile Texas, L.P., a Delaware
Limited Partnership, for One Five -Year Term Contract with an Option for Five Additional
Five -Year Terms at $20,000 per Year with a Rate Increase of 3% each Year, for Cellular
Antennae to be Placed on the Prestige Water Tower.
7. Authorize the City Manager to Execute a Contract with GRI Design, Inc. for an Amount Not to
Exceed $47,500 for the Master Planning and Playability Study of the Chase Oaks Golf Club.
8. Authorize the City Manager to Execute a Personal Services Contract with Pepperbead
Pyrotechnics for Fireworks Performance During Allen USA Celebration 2007 in the Amount of
$30,000.
9. Authorize the City Manager to Execute a Quitclaim Deed for Property Located at the
Southeast Corner of McDermott Drive and Cedar Drive.
10. Receive the CIP (Capital Improvement Program) Status Report.
11. Receive the Summary of Property Tax Collections as of October 2006.
"I "he motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 28, 2006 PAGE 3
Revular Aeenda
12. Approve an agreement by and among the City of Allen, Collin County, Collin County
Community College District, and Entegris, Inc. (as successor to Millipore Corporation) to
terminate the Tax Abatement Agreement by and among Millipore Corporation, the City of
Allen, Dallas/Fort Worth Real Estate Investment #1, Limited Partners, Collin County and
Collin County Community College District Dated September 1998, but only with respect to
Entegris, Inc. as successor to Millipore Corporation and the business personal property subject
of the Tax Abatement Agreement.
MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember
Caplinger, the Council voted seven (7) for and none (0) opposed to approve an agreement by
and among the City of Allen, Collin County, Collin County Community College District, and
Entegris, Inc (as successor to Millipore Corporation) to terminate the Tax Abatement
Agreement by and among Millipore Corporation, the City of Allen, Dallas/Fort Worth Real
Estate Investment #1, Limited Partners, Collin County and Collin County Community
College District Dated September 1998, but only with respect to Entegris, Inc as successor
to Millipore Corporation and the business personal property subject of the Tar Abatement
Agreement. The motion carried.
13. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from CC
orridor Commercial and PD Planned Development No. 73 to PD Planned Development 73 to
Allow SC Shopping Center District Uses on 181+ Acres of Land Located at the Southeast
orner of LIS 75 and Stacy Road.
Gar Herring, President, MGHerring Group, proponent, requested support of the item.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against the item to
do so at this time.
The following individuals expressed support of the item while expressing concern over the location
of the hotel site:
Doug Galletti, 439 Deer Brooke, Allen, Texas, President of the Reid Farm Homeowner's Association
Bob Ragan, 1637 Wood Creek Lane, Allen, Texas
Janice Barton, 1639 Wood Creek Lane, Allen, Texas
Keith McCain, 428 Deer Brooke Drive, Allen, Texas
The following individuals did not speak but wished to express their opposition to the request:
Michael Woody, 417 Fox Trail, Allen, Texas
James Adian, 424 Fox Trail, Allen, Texas
Glenda Adian, 424 Fox Trail, Allen, Texas
Grace Baldridge, 1625 Wood Creek Lane, Allen, Texas
Kim Fuqua), 1639 Wood Creek Lane, Allen, Texas
Linda Clark, 1629 Wood Creek Lane, Allen, Texas
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2577-11-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
I
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 28, 2006
PAGE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING
A CHANGE IN ZONING FROM "CC" CORRIDOR COMMERCIAL AND "PD" PLANNED
DEVELOPMENT NO. 73 TO PLANNED DEVELOPMENT NO 73 TO ALLOW "SC SHOPPING
CENTER DISTRICT USES FOR 181.341± ACRES OUT OF THE HENRY WETSEL SURVEY,
ABSTRACT NO. 1026, AND THE F.0 WILMETH SURVEY, ABSTRACT NO. 999; BEING
FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING
DEVELOPMENT REGULATIONS, ATTACHED AS EXHIBIT "B" AND A CONCEPT PLAN,
ATTACHED AS EXHIBIT "C", PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: A motion was made by Councilmember McGregor and a second by Councilmember Stout to
adopt Ordinance No. 2577-11-06, as previously captioned, to grant a change in zoning from
"CC" Corridor Commercial and "PD" Planned Development No. 73 to "PD" Planned
Development No. 73 to Allow "SC" Shopping Center District Uses on property located at the
Southeast Corner of US 75 and Stacy Road with an amendment that prior to approval of any
plat as shown on the concept plan and prior to the issuance of any building permit for the
construction of the hotel, a further detailed site plan for the hotel site as shown on the
concept plan should be submitted to the City Council for review and approval following a
public hearing
Councilmember McGregor withdrew his motion Councilmember Stout withdrew her second.
Council took a recess at 9 p.m. and reconvened at 9:30 p m.
MOTION: Upon a motion made by Councilmember McGregor and a second by Mayor Pro Tem
Bartlemay, the Council voted six (6) for and one (1) opposed with Councilmember
Obermeyer casting the opposing vote, to adopt Ordinance No. 2577-11-06, as previously
captioned, to grant a change in zoning from "CC" Corridor Commercial and "PD" Planned
Development No 73 to "PD" Planned Development No. 73 to Allow "SC" Shopping Center
District Uses on property located at the Southeast Corner of US 75 and Stacy Road with the
following amendments to the Development Regulations:
I Prior to the approval of any plat for the hotel site as shown on the concept plan and prior
to the issuance of any building permit for the construction of the hotel, a further detailed site
plan for the hotel site as shown on the concept plan should be submitted to the City Council
for review and approval following a public hearing;
2) Add a new bullet to Item 2: Maximum height of buildings within 300 feet adjacent to
residential district shall be subject to the maximum height restrictions of Corridor
Commercial Zoning District Regulations;
3) Revise sentence in Item 2 to read as follows: No building for uses noted by ** are
allowed within 300 feet adjacent to residential uses is the east vm.
4) Add ** to the Schedule of Permitted Uses in Item 3
Hotel **
Office Showroom I Warehouse **
Restaurant (Drive-in or through) **
5) Add new bullet with ** to the Schedule of Permitted Uses in Item 3.
Loading docks, garages or any related loading or service areas **
6) Add** to the following permitted uses allowed with a Specific Use Permit
Amusement, Commercial (Outdoor) **
Building Materials Sales (Outdoor) **
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 28, 2006
14. Calendar.
December I — Christmas Tree Lighting Ceremony / Civic Plaza
December 2 — Rudolph Run / 7 a.m Downtown Allen
December 2 — Kiwanis Pancake Breakfast / 7 – 11 a m. / First Baptist Church
December 3 — Allen Rotary Christmas Parade / 2:00 p.m.
December 3 — SL Mary Church Open House / Sponsored by Heritage Guild / 2 – 6 p m.
15. Items of Interest.
PAGES
Council congratulated the Ladies Eagles Volleyball team for advancing to the UIL State Semifinal
match.
Council congratulated the Eagles Football team for advancing to the 3`a round of the 5-A playoffs
and wished them luck in their next game against Round Rock.
Executive Session
The Executive Session was not held.
16. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councdmember Stout,
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 9.40 p.m. on Tuesdav, November 28, 2006. The motion carried.
These minutes approved on the 12°i day of December, 2006.
APPROVED: ��.�(//1
Stephen 1
ATTEST:
S elley B. 6ei6rge, CITY SEC TARI�E Y
Laboratories: BIO Safety Level 2 **
Laboratories: BIO Safety Level **
Lawn Equipment Sales & Repairs **
Motorcycle Sales & Service **
The motion carried.
14. Calendar.
December I — Christmas Tree Lighting Ceremony / Civic Plaza
December 2 — Rudolph Run / 7 a.m Downtown Allen
December 2 — Kiwanis Pancake Breakfast / 7 – 11 a m. / First Baptist Church
December 3 — Allen Rotary Christmas Parade / 2:00 p.m.
December 3 — SL Mary Church Open House / Sponsored by Heritage Guild / 2 – 6 p m.
15. Items of Interest.
PAGES
Council congratulated the Ladies Eagles Volleyball team for advancing to the UIL State Semifinal
match.
Council congratulated the Eagles Football team for advancing to the 3`a round of the 5-A playoffs
and wished them luck in their next game against Round Rock.
Executive Session
The Executive Session was not held.
16. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councdmember Stout,
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 9.40 p.m. on Tuesdav, November 28, 2006. The motion carried.
These minutes approved on the 12°i day of December, 2006.
APPROVED: ��.�(//1
Stephen 1
ATTEST:
S elley B. 6ei6rge, CITY SEC TARI�E Y