Min - City Council - 2010 - 01/12 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 12, 2010
Present
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Gary L Caplinger
Jeff McGregor
Cita Starr:
Peter H. Vargas, Citv Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney (absent)
Kevin Laughlin, 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 15 p m. on Tuesday, January 12, 2010, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas. The following items were posted for discussion:
• Discussion of Regular Agenda Items
• Committee Updates from City Council Liaisons
With no discussion, the Workshop Session of the Allen City Council was adjourned at 6* 18 p m. on Tuesday,
January 12, 2010.
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 02 p.m. on Tuesday, January 12, 2010, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Public Recoenition
1. Citizens' Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 12, 2010 PAGE 2
Consent Agenda
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councdmember Herald, the
Council voted seven (7) for and none (0) opposed to adopt the items on the Consent Agenda
as follows:
2. Approve Minutes of the December 8, 2009, Regular Meeting.
3. Adopt an Ordinance Amending the Speed Limit Zone Boundaries Along FM 2786 (Stacy Road)
Within the City of Allen from Greenville Avenue to the East City Limits and Lowering the
Speed Limit from 55 MPH to 50 MPH.
ORDINANCE NO. 2878-1-10: 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 THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR THE F.M. 2786 (STACY ROAD)
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.
4. Adopt an Ordinance Amending Ordinance No. 1775-9-99 to Correct a Scrivener's Error for
Permitted Uses Related to Property Located at 1112 North Greenville Avenue.
ORDINANCE NO. 2879-1-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO 1775-9-99 TO CORRECT
SCRIVENER'S ERROR BY AMENDING THE DEVELOPMENT REGULATIONS ATTACHED
THERETO AS EXHIBIT "B", PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
5. Adopt a Resolution to Determine the Necessity for Acquisition of Right -of -Way, Easements, and
Attached Improvements for the Construction of Chaparral Road from Rosewood Lane to
Brook Ridge Avenue, and Authorize the City Manager and City Attorney to File Proceedings in
Eminent Domain to Acquire Such Property, if Necessary.
RESOLUTION NO. 2880-1-10(R): A RESOLUTION OF THE CFfY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE
ACQUISITION OF RIGHT-OF-WAY, SLOPE EASEMENTS, DRAINAGE EASEMENTS,
WATERLINE EASEMENTS, AND ALL ATTACHED IMPROVEMENTS FOR THE EXTENSION
OF CHAPARRAL ROAD AS DESCRIBED IN THE EXHIBITS ATTACHED HERETO, WITHIN
THE CITY OF PLANO, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY ATTORNEY
TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE EASEMENTS;
RATIFYING PRIOR ACTS: AND PROVIDING FOR AN EFFECTIVE DATE
6. Authorize the City Manager to Execute a Professional Services Contract with Birkhoff,
Hendricks & Conway, L.L.P. in the Amount of $116,500 for the Design of the US 75 Waterline
and Establish an Initial Project Budget in the Amount of $130,000.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 12, 2010
PAGE
7. Authorize the City Manager to Execute a Professional Services Agreement with Weibring-
Wolfard Golf Design for the Design of Chase Oaks Golf Course in the Amount of $733,425 and
Establish a Design Project Budget of $745,925.
8. Award Bid and Authorize the City Manager to Execute a Contract with Jim Bowman
Construction Company, L.P. in the Amount of $120,415 for the Restoration and Erosion
Abatement of the Bethany Lakes Park Reflection Pond and to Establish a Project Budget of
$133,100.
9. Motion to Approve Ms. Sandra Yancey as the At -Large Representative to the Arts of Collin
County Commission (ACC) Board of Directors as Recommended by Mayor Terrell with a
Term Expiration of September 30, 2011.
10. Receive the Summary of Property Tax Collections as of November 2009.
The motion carried.
Regular Agenda
11. Conduct a Public IIearing and Adopt an Ordinance to Amend PD Planned Development No. 86,
Tract 1, to Allow for a Revision to the Concept Plan on St Acres Located at the Southeast
Corner of Watters Road and Stacy Road.
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. 2881-1-10: 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 ADOPTING
BUILDING ELEVATIONS AND AN AMENDED CONCEPT PLAN REGARDING AN 8 8314
ACRE TRACT OF LAND IN THE JOHN FYKE SURVEY, ABSTRACT 325, CITY OF ALLEN,
COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A' ATTACHED HERETO, AND BEING
A PORTION OF TRACT 1 OF "PD" PLANNED DEVELOPMENTNO. 86, AS ESTABLISHED BY
ORDINANCE NO 1811-3-00 AND AMENDED BY ORDINANCE NO 2603-3-07; APPROVING
CERTAIN NON -SUBSTANTIVE TECHNICAL AMENDMENTS, PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR REPEALING; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING 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 Councdmember Caplinger and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2881-1-10, as previously captioned, amending PD Planned Development No. 86, Tract 1, to
revise the Concept Plan. The motion carried.
12. Continued Item: Conduct a Public Hearing and Adopt an Ordinance Amending the Allen
Land Development Code Article IV, Zoning Regulations, Section 4.08.11, "SC" Shopping
Center District; Section 4.08.16. "LI" and "IIP' Light and IIeavy Industrial Districts; Section
4.20.2, "Schedule of Principal Uses"; Section 4.20.3, 'Schedule of Accessory Uses"; Article Vt,
Section 6.01.5, "Specific Permitted Uses"; and Appendix A, "Definitions".
Mayor Terrell stated 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 request:
Carl D. Tinker, 749 Summerfield Drive, Allen, Texas 75002
Cecil Linke, 1712 Grand Canyon Way, Allen, Texas 75002
Brent Corn, 1911 Baltimore Drive, Allen, Texas 75002
John Muzyka, 3092 Pack Saddle Way, Frisco, Texas 75034
Hiram Sasser, 903 E. I8ih Street, Suite 230, Plano, Texas 75074
Bryce Greene, 708 Franklin Drive, Allen, Texas 75013
Rick Ballard, 2700 Summerwood Drive, McKinney, Texas 75070
The following individuals did not speak but wished their opposition to the request be recorded:
Patrick Egan, 706 Hollow Ridge Drive, Allen, Texas 75002
John Brunette, 1127 Brookridge Avenue, Allen, Texas 75002
Tom Hawes, 818 Sycamore Creek, Allen, Texas 75002
Gerri Hawes, 818 Sycamore Creek, Allen, Texas 75002
Randy Thompson, 203 Northaven Drive, Allen, Texas 75002
Jimmy Moore, 202 Keith Drive, Allen, Texas 75002
Jimmy Smith, 1620 Clear Springs Drive, Allen, Texas 75002
Ronald Boyd, 1523 Pleasant Run, Allen, Texas 75002
M. J. Foster, 511 Suncreck Drive, Allen, Texas 75013
Steve Baker, 405 Shadywood Drive, Allen, Texas 75002
Karen Baldwin, 1220 Irvine Drive, Allen, Texas 75013
Charie Campbell, 1208 Harvard Lane, Allen, Texas 75002
David C Campbell, 1208 Harvard Lane, Allen, Texas 75002
Jeff Humphrey, 1421 Gardenia Drive, Allen, Texas 75002
Elaine Crawford, 728 Deepwell Drive, Allen, Texas 75002
Gayle Smith, 1208 Providence Drive, Allen, Texas 75002
Donald R Smith, 1208 Providence Drive, Allen, Texas 75002
Lisha Egan, 706 Hollow Ridge Drive, Allen, Texas 75002
Joshua Egan, 706 Hollow Ridge Drive, Allen, Texas 75002
Paula Spak, 1314 Granger Drive, Allen, Texas 75002
Trent Armstrong, 1314 Hillcrest Drive, Allen, Texas 75002
Terri Lewis, 1603 Lake Meade Drive, Allen, Texas 75002
Randall Lewis, 1603 Lake Meade Drive, Allen, Texas 75002
Casey Eckert, 1416 Gardenia Drive, Allen, Texas 75002
K. M. Kirk, 1400 Country Lane, Allen, Texas 75002
Rodney Fabre, 711 Willowbrook Drive, Allen Texas 75002
Sheila Fabre, 711 Willowbrook Drive, Allen Texas 75002
Jimmy Phillips, 213 Watson Drive, Allen, Texas 75002
Deaton Roden, 1209 Brenham Court, Allen, Texas 75013
Alan Cooper, 810 Buffalo Springs Drive, Allen, Texas 75013
Dave Bellando, 1715 Whispering Glen, Allen, Texas 75002
James Hill, 1202 Clearview Drive, Allen, Texas 75002
Norma Hill, 1202 Clearview Drive, Allen, Texas 75002
James R. McCaslin, 911 Cypress Drive, Allen, Texas 75002
Violet McCaslin, 911 Cypress Drive, Allen, Texas 75002
B. J. Willis, 311 Allenwood Drive, Allen, Texas 75002
William D. Hensley, 904 New Bedford Drive, Allen, Texas
Mark Musty, 814 Ashley Lane, Allen, Texas 75002
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 12, 2010 PAGE 5
Charles Jaquess, 605 Prairie Lane, Mesquite, Texas 75150
Tori Blanton, 1211 Clearwood Court, Allen, Texas 75002
With no one else speaking, Mayor Terrell closed the public hearing
012DINANCE NO. 2882-1-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
BY AMENDING ARTICLE IV, "ZONING REGULATIONS," SECTION 4.08.11 "SC" SHOPPING
CENTER DISTRICT," SECTION 4.08.16 "LP' AND "IIP' INDUSTRIAL DISTRICTS, 4.20.2
"SCHEDULE OF PRINCIPAL USES,- AND SECTION 4.20.3 "SCHEDULE OF ACCESSORY
USES" BY AMENDING THE PURPOSE STATEMENTS FOR CERTAIN ZONING DISTRICTS
AND THE SCHEDULES SETTING FORTH THE PRINCIPAL AND ACCESSORY USES
ALLOWED, PROHIBITED, OR ALLOWED UPON GRANT OF A SPECIFIC USE PERMIT IN
VARIOUS ZONING DISTRICTS AS THEY RELATE TO ASSEMBLY USES AND VARIOUS
OTHER USES, BY AMENDING ARTICLE VI "SPECIAL ZONING PROVISIONS," SECTION
6.01.5 "SPECIFIC PERMITTED USES," TO MAKE CERTAIN TECHNICAL AMENDMENTS,
AND BY AMENDING APPENDIX A, "DEFINITIONS" BY ADDING, DELETING, AND
AMENDING CERTAIN DEFINITIONS; PROVIDING FOR A REPEALING CLAUSE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
($2,000 00) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councdmember McGregor and a second by Mayor Pro Tem Stout,
the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 2882-1-10,
as previously captioned, amending the Allen Land Development Code by Amending: Article
IV, Section 4.08.11, "SC" Shopping Center District, Section 4 08.16, "LP and "HI"
Industrial Districts, Section 4 20.2, Schedule of Principal Uses, Section 4.20 3, Schedule of
Ronald D. Spak, 1314 Granger Drive, Allen, Texas 75013
Richard Carlye, 1418 Bethany Creek, Allen, Texas 75002
Rickv Britt, 807 Rivercrest Boulevard, Allen, Texas 75002
Melissa Britt, 807 Rivercrest Boulevard, Allen, Texas 75002
Lauri McIntosh, 316 Leameadow Drive, Allen, Texas 75002
Robert C. Miller, 1002 Springfield Lane, Allen, Texas 75002
Chad Selph, 204 Willow Creek Circle, Allen, Texas 75002
John DeLeon, 747 Monticello Circle, Allen, Texas 75002
James Craver, 206 North Arbor Ridge Drive, Allen, Texas 75002
Joan Conner, 1007 Westwood Court, Allen, Texas 75002
Larry Kelly, 510 Keith Drive, Allen, Texas 75002
Chris Kelly, 2303 Forest Grove Estates Road, Allen, Texas 75002
Edward Ross, 707 Meadow Creek, Allen, Texas 75002
James Kerr, 406 Watson Drive, Allen, Texas 75002
Jeff Mize, 809 Carolyn Lane, Allen, Texas 75002
Michael Carver, 1701 Ponderosa Drive, Allen, Texas 75002
Greg Jones, 302 Stone Creek Drive, Allen, Texas 75002
Katrina Smith, 701 Creekside Lane, Allen, Texas 75002
Tracy Smith, 701 Creekside Lane, Allen, Texas 75002
Rebecca Smith, 701 Creekside Lane, Allen, Texas 75002
Peter Smith, 701 Creekside Lane, Allen, Texas 75002
Mike Hill, 407 Orchard Lane, Allen, Texas 75002
Charles Jaquess, 605 Prairie Lane, Mesquite, Texas 75150
Tori Blanton, 1211 Clearwood Court, Allen, Texas 75002
With no one else speaking, Mayor Terrell closed the public hearing
012DINANCE NO. 2882-1-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
BY AMENDING ARTICLE IV, "ZONING REGULATIONS," SECTION 4.08.11 "SC" SHOPPING
CENTER DISTRICT," SECTION 4.08.16 "LP' AND "IIP' INDUSTRIAL DISTRICTS, 4.20.2
"SCHEDULE OF PRINCIPAL USES,- AND SECTION 4.20.3 "SCHEDULE OF ACCESSORY
USES" BY AMENDING THE PURPOSE STATEMENTS FOR CERTAIN ZONING DISTRICTS
AND THE SCHEDULES SETTING FORTH THE PRINCIPAL AND ACCESSORY USES
ALLOWED, PROHIBITED, OR ALLOWED UPON GRANT OF A SPECIFIC USE PERMIT IN
VARIOUS ZONING DISTRICTS AS THEY RELATE TO ASSEMBLY USES AND VARIOUS
OTHER USES, BY AMENDING ARTICLE VI "SPECIAL ZONING PROVISIONS," SECTION
6.01.5 "SPECIFIC PERMITTED USES," TO MAKE CERTAIN TECHNICAL AMENDMENTS,
AND BY AMENDING APPENDIX A, "DEFINITIONS" BY ADDING, DELETING, AND
AMENDING CERTAIN DEFINITIONS; PROVIDING FOR A REPEALING CLAUSE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
($2,000 00) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councdmember McGregor and a second by Mayor Pro Tem Stout,
the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 2882-1-10,
as previously captioned, amending the Allen Land Development Code by Amending: Article
IV, Section 4.08.11, "SC" Shopping Center District, Section 4 08.16, "LP and "HI"
Industrial Districts, Section 4 20.2, Schedule of Principal Uses, Section 4.20 3, Schedule of
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 12, 2010
Other Business
PAGE 6
Accessory Uses, Article VI, Section 6.01.5, Specific Permitted Uses, and Appendix A,
Definitions. The motion carried.
13. Calendar.
14. Items of Interest.
• Councilmember McGregor wished his wife, Cathryn, a very Happy Birthday
• Councilmember Obermeyer expressed his appreciation to those present for participating in the
public hearing process.
The Executive Session was not held.
15. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Councilmember Herald and a second by Mayor Pro Tem Stout, the
Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 8:17 p.m. on Tuesday, January 12, 2010. The motion carried
These minutes approved on the 26" day of January, 2010.
ATTEST:
Shelley B. George,JCITY SECRETARY
I
APPROVED:
Stephen Terrell, MAYO�R