Min - City Council - 2007 - 09/11 - RegularALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 11, 2007
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Mark Pacheco
Robin L. Sedlacek
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
i
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 6:20 p.m. on Tuesday, September 11. 2007, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included
Update Regarding Various Agreements with The MGHerring Group and Global Properties I Concerning
the Event Center
The Workshop Session was recessed at 6:40 p.m.
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
6:41 p.m. on Tuesday, September 11, 2007, in the Council Conference Room, 305 Century Parkway, Allen,
Texas, in order to discuss matters pertaining to:
• Personnel — Pursuant to Section 551.074 of the Texas Government Code
i Discuss Appointments to the Following:
• Board of Adjustment
Planning and Zoning Commission
Community Development Corporation
Economic Development Corporation
• Arts of Collin County Commission
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 11, 2007 PAGE 2
IThe Executive Session was recessed at 7.01 p.m. on Tuesday, September 11, 2007
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7 01 p.m. on
Tuesday, September 11, 2007
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, September 11, 2007, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas
Pledee of Allegiance
Public Recoenition
1. Citizens' Comments.
Mayor Terrell and the Allen City Council recognized Boy Scouts Troops 223 and 1334 in attendance
as a requirement towards gaming a merit badge.
2. Presentation of a Blue Star Flag to the Family of an Allen Serviceman Currently Deployed by
the U.S. Armed Forces.
Jeff and Pam Grove, parents of Specialist Scott Michael Grove with the United States Army
3. Presentation of a Proclamation by the Office of the Mayor:
• Proclamation to Dave Campbell, Representative of the Citizen Corps Council, Proclaiming
the Month of September as National Preparedness Month.
4. Recognition of the Keep Texas Beautiful Award Winners from the City of Allen by the City
Council and the Keep Allen Beautiful Board.
Ed Davis Litter Law Enforcement Award: Devonia Sheaffer, Collin County Courts
Rothe Jackson Youth Leadership Awards: Frances Norton Elementary School EcoLiteracy
Project; Collin Williams, Eagle Scout and Jake Bush, Eagle Scout
Individual Leadership Awards Patricia Buckley, KAB Chair; Susan Campbell, City of Allen
Urban Forester; and Amy Monier
The Sadie Ray Graff Education Leadership Award: Frances Norton Elementary School
The Government Award. City of Allen Community Services Department
The Governor's Community Achievement Award (GCAA)
5. Recognition of the City of Allen Planning Department as a Recipient of a Certificate of
Achievement for Planning Excellence for 2007 from the Texas Chapter of the American
Planning Association.
6. Recognition of the Purchasing Division by the U.S. Department of Commerce Minority
Business Development Agency for Its Participation in Promoting Small, Minority, and
Woman -owned Businesses in its Procurement Process.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 11, 2007 PAGE 3
Consent Agenda
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember
Sedlacek, Council voted seven (7) for and none (0) opposed to adopt the consent agenda as
follows.
7. Approve Minutes of the August 28, 2007, Regular Meeting.
8. Adopt a Resolution Authorizing an Interlocal Agreement with the City of Lucas to Provide an
Effective Date for Use of the 800 MHz Trunked Radio System Owned by the Cities of Allen,
Plano, and Frisco, for Emergency Medical Services.
RESOLUTION NO. 2652-9-07( ; 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 AND AMONG THE
CITIES OF ALLEN, FRISCO, AND PLANO, WITH THE CITY OF LUCAS FOR THE USE OF
THE TRUNKED RADIO SYSTEM OWNED BY THE CITIES OF ALLEN, FRISCO, AND
PLANO; AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT BY THE CITY
MANAGER, AND PROVIDING AN EFFECTIVE DATE
9. Adopt a Resolution Authorizing an Interlocal Agreement with the City of Parker to Provide an
Effective Date for Use of the 800 MHz Trunked Radio System Owned by the Cities of Allen,
Plano, and Frisco, for Emergency Medical Services.
RESOLUTION NO. 2653-9-07lR): 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 AND AMONG THE
CITIES OF ALLEN, FRISCO, AND PLANO, WITH THE CITY OF PARKER FOR THE USE OF
THE TRUNKED RADIO SYSTEM OWNED BY THE CITIES OF ALLEN, FRISCO, AND
PLANO; AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT BY THE CITY
MANAGER; AND PROVIDING AN EFFECTIVE DATE.
10. Authorize Execution of an Agreement with proforma architects, inc. for an Amount not to
exceed $61,160 to Provide Architectural/Engineering Services for the Expansion of the Police
Holding Facility.
11. Authorize an Amendment to the Facilities Agreement for The Villages of Watters Creek, L.P.
(Developer) to Authorize the Construction of Recreational Trail Improvements, Reimburse the
Developer for Trail Improvement Costs for an Amount not to exceed $120,000, and to Increase
the Current Park Improvement Budget to $440,000.
12. Motion to Accept the Required Certifications from the Tax Assessor/Collector's Office.
The motion carried.
Reeular Aeenda
13. Adopt an Ordinance Approving the Fiscal Year 2007-2008 Budget, Amending the Fiscal Year
2006-2007 Budget, and Approving the 2008-2012 Capital Improvement Program.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 11, 2007
PAGE
ORDINANCE NO. 2654-9-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; 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 made by Councilmember Pacheco and a second by Councilmember
Obermeyer, Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2654-
9-07, as previously captioned, approving the Fiscal Year 2007-2008 budget, amending the
Fiscal Year 2006-2007 budget, and approving the 2008-2012 Capital Improvement Program.
The motion carried.
MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember
Obermeyer, Council voted seven (7) for and none (0) opposed to ratify the increase in
property tax revenues reflected in the Fiscal Year 2007-2008 budget. The motion carried.
14. Adopt an Ordinance Setting the Tax Rate of 55.7 Cents per $100 Valuation of Property for the
2007-2008 Fiscal Year.
ORDINANCE NO. 2655-9-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE TAX
YEAR 2007 (FISCAL YEAR 2007-2008) AT A RATE OF $0.55700 PER ONE HUNDRED
DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY OF ALLEN AS OF JANUARY 1, 2007, TO PROVIDE
REVENUE FOR THE PAYMENT OF CURRENT EXPENSES, PROVIDING FOR AN INTEREST
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 made by Councilmember Caplinger and a second by Mayor Pro Tem Stout,
Council voted seven (7) for and none (0) opposed that property taxes be increased by the
adoption of a tax rate of 55.7 cents per $100 valuation of property, and adopt Ordinance No.
2655-9-07, as previously captioned, setting that tax rate for the 2007-2008 Fiscal Year. The
motion carried.
15. Conduct a Public Hearing and Adopt an Ordinance Granting a Zoning Amendment to Specific
Use Permit No. 45 to Expand the Existing Fuel Station and Convenience Store Located on .5t
Acres on the Northwest Corner of Allen Heights Drive and East Main Street, in the Allen
Heights Shopping Center, to Include a Subway Sandwich Shop.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item
to do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2656-9-07: 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
SEPTEMBER 11, 2007
PAGE 5
ZONING REGULATIONS AND ZONING MAP BY AMENDING SPECIFIC USE PERMIT NO.
45, ORDINANCE NO. 1411-3-96, AS HERETOFORE AMENDED, FOR .529± ACRES OF LAND
SITUATED IN THE ALLEN HEIGHTS SHOPPING CENTER, BLOCK A, LOT 2, AND BEING
FURTHER DESCRIBED IN EXHIBIT "A," TO ALLOW FOR AN EXPANSION OF THE
EXISTING FUEL STATION AND CONVENIENCE STORE TO ALLOW A RESTAURANT,
NON DRIVE-THROUGH ONLY; 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 made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2656-9-07, as
previously captioned, granting a zoning amendment to Specific Use Permit No 45 to expand
the existing fuel station and convenience store to include a sandwich shop located on .5+
acres on the northwest comer of Allen Heights Drive and East Main Street in the Allen
Heights Shopping Center. The motion carried.
16. CONTINUED ITEM: Continue the Public Hearing and Adopt an Ordinance Granting a
Zoning Amendment to PD Planned Development No. 96 to Expand the Boundaries of Tract 1
by 8.43± Acres and Amend Development Regulations for Lot 37 and Sub Areas 1, 2, and 3 for
Bethany Mews.
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.
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2657-9-07: 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 BY GRANTING AN AMENDMENT TO "PD"
PLANNED DEVELOPMENT NO. 96, ORDINANCE NO. 2559-09-06, AS HERETOFORE
AMENDED, TO EXPAND THE BOUNDARIES OF TRACT 1 BY 8.43 + ACRES AND AMEND
DEVELOPMENT REGULATIONS FOR LOT 37, AND SUBAREAS I, 2, AND 3, AND TO
AMEND THE DEVELOPMENT REGULATIONS, ATTACHED AS EXHIBIT "B," PROVIDING
A CONCEPT PLAN, ATTACHED AS EXHIBIT "C," PROVIDING A PARKING PLAN,
ATTACHED AS EXHIBIT "D," AND PROVIDING A SHARED -DRIVEWAY PLAN,
ATTACHED AS EXHIBIT "E," FOR BETHANY MEWS, SITUATED IN THE T.G. KENNEDY
SURVEY, ABSTRACT NO. 1017, LOCATED SOUTH OF BETHANY DRIVE AND EAST OF
ALMA DRIVE, BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO;
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 made by Councilmember Pacheco and a second by Councilmember
I Obermeyer, Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2657-
9-07, as previously captioned, granting a zoning amendment to PD Planned Development
No. 96 to expand the boundaries of Tract 1 by 8.43 ± acres and amend Development
Regulations for Lot 37, and Subareas 1, 2, and 3 for Bethany Mews with the following
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 11, 2007
PAGE 6
amendments: l) addition of shared -driveway exhibit as Exhibit "E", and 2) allow for a zero
front -yard setback in the 60 foot right-of-way The motion carried
17. CONTINUED ITEM: Continue the Public Hearing and Adopt an Ordinance Granting a
Zoning Amendment to PD Planned Development No. 96 to Expand the Planned Development.
Development Regulations are Proposed for a Mix of Uses Including R-6 Residential, TH
Townhome, and LR Local Retail for Connemara Crossing.
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 spoke in opposition to the zoning request:
Will Richardson, 512 Riverside Court, Allen, Texas
Pete March, 1201 Sonoma Drive, Allen, Texas
Richard Reynold, 1218 Be] Air Drive, Allen, Texas
Pete Young, 1128 Hampton, Allen, Texas
David Egan, 1231 Irvine Drive, Allen, Texas
Ed Halphen, 512 Irvine Drive, Allen, Texas
Stephanie Walton, 1231 Newberry Drive, Allen, Texas
Charles Pilch, 1212 Newberry Drive, Allen, Texas
Robert Piazza, 514 Irvine Drive, Allen, Texas
Shelly Stelmach, 1235 Irvine Drive, Allen, Texas
Randy Boys, 1003 Westwood Court, Allen, Texas
Dianne Massei, 508 Irvine Drive, Allen, Texas
Mavis Fleschman, 504 Irvine Drive, Allen, Texas
The following individual did not speak but wished their opposition to the request be recorded.
Catherine Egan, 1231 Irvine Drive, Allen, Texas
With no one else speaking, Mayor Terrell closed the public hearing.
The Council Regular Meeting was recessed at 9:50 p.m
The Council reconvened at 10:11 p.m.
MOTION: Upon a motion made by Councilmember Oberrneyer and a second by Councilmember
Sedlacek, the Council voted seven (7) for and none (0) opposed to table action on this item to
the next regular Council meeting. The motion carried.
1s. Motion to Consider Appointments to Fill Expiring Terms and Vacancies on All City Boards,
Commissions, and Corporations.
No action was taken on this item.
Other Business
19. Calendar.
September 12 — ACPAAA Golf Tournament
September 15 — Citizens Corps Council's "2nd Annual Preparedness Event"
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 11, 2007
PAGE 7
• September 21 — Millennium Awards Luncheon/Hilton Garden Ina/11:30 a.m.
• October 1 — Chamber of Commerce Golf Tournament/Chase Oaks Golf Course
20. Items of Interest.
Council wished Mayor Terrell a happy birthday
The Council recessed the Regular Meeting at 10:16 p.m
Executive Session
In accordance with the Texas Government Code, the Allen City Council reconvened into Executive Session
at 10:19 p.m. on Tuesday, September 11, 2007, in the Council Conference Room, 305 Century Parkway,
Allen, Texas, in order to continue discussing matters pertaining to:
• Personnel — Pursuant to Section 551.074 of the Texas Government Code
i Discuss Appointments to the Following:
• Board of Adjustment
• Planning and Zoning Commission
• Community Development Corporation
• Economic Development Corporation
• Arts of Collin County Commission
The Executive Session adjourned at 10:46 p.m. on Tuesday, September 11, 2007
21. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into Regular Meeting at 10:47 p.m. on Tuesday, September 11,
2007 No action was taken on items discussed during Executive Session.
Adjourn
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor,
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 10:47 p.m. on Tuesday, September 11, 2007 The motion carried.
These minutes approved on the 25' day of September, 2007
APPROVED:
r - 4 �
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Georg RMC, CITY SE TARY