Min - City Council - 2010 - 06/22 - RegularALLEN CITY COUNCIL
REGULAR MEETING
NNE 22, 2010
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
GaryL Caplinger
Jeff McGregor
City Staff:
Peter H. Vargas, City Manager
Shelley B George, City Secretary
Pete Smith, City Attorney
Workshou Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:22 p.m. on Tuesday, June 22, 2010, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas. The following items were discussed:
• Briefing Regarding Proposed Ordinance Amending the Code of Ordinances, Chapter 6, `Health and
Environment,' in Order to Establish a Storm Water Management Policy
• Presentation of the Connemara Conservancy Programs Available this Year
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:57 p.m. on
Tuesday, June 22, 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 7:05 p.m. on Tuesday, June 22, 2010, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas
Pledee of Alleeiance
Public Recoenition
1. Citizens' Comments.
• Stephen Parker, 5657 Amesbury, Dallas, TX 75206, spoke regarding the Allen Police Department
use of tasers.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 22, 2010 PAGE 2
2. Presentation of a Proclamation by the Office of the Mayor:
• Presentation of a Proclamation to Representatives of the Allen Parks and Recreation Department,
Proclaiming the Month of July as "Parks and Recreation Month."
Consent Aeenda
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Herald, the Council voted seven (7) for and none (0) opposed to adopt the items on the
Consent Agenda as follows.
Approve Minutes of the June 8, 2010, Regular Meeting.
Adopt an Ordinance Renewing the Term of a Natural Gas Franchise Agreement Granted to
Atmos Energy Corp. for an Additional Five (5) Years.
ORDINANCE NO. 2918-6-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN, COUNTY, TEXAS, RENEWING THE FRANCHISE AGREEMENT
GRANTED TO ATMOS ENERGY CORPORATION FOR AN ADDITIONAL FIVE (5) YEARS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE.
S. Adopt an Ordinance Renewing the Term of a Natural Gas Franchise Agreement Granted to
CoSery Gas for an Additional Five (5) Years.
ORDINANCE NO. 2919-6-10. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN, COUNTY, TEXAS, RENEWING THE FRANCHISE AGREEMENT
GRANTED TO COSERV GAS, LTD FOR AN ADDITIONAL FIVE (5) YEARS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE AND PROVIDING AN EFFECTIVE DATE.
6. Adopt a Resolution Approving an Amended Investment Policy Governing the Investment of
Municipal Funds.
RESOLUTION NO. 2920-6-10(R). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN AMENDED POLICY FOR THE
INVESTMENT OF MUNICIPAL FUNDS, AND PROVIDING AN EFFECTIVE DATE.
7. Authorize the City Manager to Execute an Annual Contract with G & K Services to Provide
Rental of Work Uniforms for the City of Allen for an Estimated Annual Expenditure Not to
Exceed $65,000 with Two One -Year Options to Renew.
8. Authorize the City Manager to Execute a One -Year Contract with North Star Underground
Utility for an Amount not to Exceed $50,000 for Water and Sewer Parts and Supplies with Two
One- Year Options to Renew to be Exercised Solely at the City's Discretion.
9. Authorize the City Manager to Execute a Two -Year Contract with Weaver and Tidwell, L.L.P.
for Professional Auditing Services.
10. Receive the Summary of Properly Tax Collections as of May 2010.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 22, 2010 PAGE 3
11. Receive the Capital Improvement Program (CH') Status Report.
The motion carried
Reeular Aeenda
12. Conduct a Public Hearing and Adopt an Ordinance to Amend the Sign Plan for PD Planned
Development No. 99. The Property is 63.24-1 Acres in the T.G. Kennedy Survey, Abstract No.
500, Michael See Survey, Abstract no. 543, and the Rufus Sewell Survey, Abstract No. 875, City
of Allen, Collin County, Texas; Located Southwest of Bethany Drive and US 75. (24/23/10-32)
(Walter's Creek at Montgomery Farm)
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. 2921-6-10: 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
AMENDING "PD" PLANNED DEVELOPMENT NO. 99, BY AMENDING A PORTION OF
EXHIBIT "F" "SCHEDULE, DESIGNS AND LOCATION PLANS FOR GARAGE TENANT FIN
SIGNS, LED PYLON SIGN, AND PARKING AREA BANNERS" BY AMENDING THE SIGN
SCHEDULE AND LED PYLON SIGN DESIGN AND ADDING AN LED PYLON SIGN
LOCATION MAP; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A
SAVINGS CLAUSE; 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 Councilmember Herald and a second by Councilmember
Obenneyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2921-6-10, as previously captioned, amending the sign plan for PD Planned Development
No. 99 on 63.24-1 acres located southwest of Bethany Drive and US 75. The motion carried.
13. Conduct a Public Hearing and Adopt an Ordinance to Amending a Portion of Tract 7, in PD
Planned Development No. 58, by Amending the Development Regulations and Adopting a
Concept Plan for the Allen Independent School District Multipurpose Stadium. The Property
is 67.115-1 acres Situated in the Lewis Weisel Survey, Abstract no. 978, and the Henry Wetsel
Survey, Abstract No. 1026, and Lot 2, Block A, Allen Educational Park, City of Allen, Collin
County, Texas; Located West of Greenville Avenue Between Exchange Parkway and Rivercrest
Boulevard. (Z-2/1/10.9) )Allen Independent School District Multipurpose Stadium]
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
Clarence Wilkerson, 823 Rockefeller Lane, Allen, Texas, did not speak for or against this item, but
asked a question regarding the height of the facility
With no one else speaking, Mayor Terrell closed the public hearing.
ALLEN CITY COUNCIL
REGULAR MEETING
NNE 22, 2010
PAGE
ORDINANCE NO. 2922-6-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE DEVELOPMENT
REGULATIONS AND ADOPTING A CONCEPT PLAN FOR A PORTION OF TRACT 7 OF
"PD" PLANNED DEVELOPMENT NO. 58 DESCRIBED IN EXHIBIT "A" HERETO AS
ESTABLISHED BY ORDINANCE NO. 1409-3-96, PROVIDING A CONFLICTS RESOLUTION
CLAUSE; PROVIDING A SAVINGS CLAUSE; 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 AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Caplinger and a second by Mayor Pro Tem Stout,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2922-6-10, as
previously captioned, amending a portion of Tract 7, in PD Planned Development No. 58, by
amending the Development Regulations and adopting a Concept Plan for the Allen
Independent School District Multipurpose Stadium on 67.115+ acres located west of
Greenville Avenue between Exchange Parkway and Rivercrest Boulevard. The motion
carried.
14. Conduct a Public Hearing and Adopt an Ordinance to Create PD Planned Development No.
104 for CF Community Facilities for a Church. The Property is 6.962+ Acres Situated in the
Lewis Wetsel Survey, Abstract No. 978, and Being a Part of Fountain Park First Section, City
of Allen, Collin County, Texas; Located at the Northeast Corner of Greenville Avenue and
Rivercrest Boulevard. (Z-4/5/10-23) [Bethany Worship Center
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
The following individuals spoke in support of the item, but expressed opposition to the requirement
for a masonry screening wall and/or the proposed alley entrance'
Jim German, 903 Rush Creek, Allen, Texas;
Victor Elliston, 409 Roaring Springs, Allen, Texas;
Philip King, 411 Sycamore Creek Lane, Allen, Texas;
James Tan, 1326 Glendover, Allen, Texas;
Tiffany Tan, 1326 Glendover, Allen, Texas;
Clarence Wilkerson, 823 Rockefeller Lane, Allen, Texas,
Mary Monesey, 507 Lake Bridge, Allen, Texas,
Carroll Jungmann, 605 Lake Ridge, Allen, Texas; and
Richard Conner, 501 Lake Ridge, Allen, Texas.
The following individual spoke to support of item as presented:
Carl finer, Pastor, Bethany Worship Center, Allen, Texas.
The following individual did not speak in favor or against the item, but did ask a question regarding
the City of Allen's Water Conservation Plan:
Rich Barwick, 1322 Kingsley Court, Allen, Texas.
With no one else speaking, Mayor Terrell closed the public hearing.
ALLEN CITY COUNCIL
REGULAR MEETING
NNE 22, 2010
PAGE
ORDINANCE NO. 2923-6-10: 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 CHANGING
THE ZONING OF A 6.962f ACRES OUT OF THE LEWIS WETSEL SURVEY, ABSTRACT NO.
978, DESCRIBED IN EXHIBIT "A," ATTACHED HERETO FROM "CF" COMMUNITY
FACILITIES, TO "PD" PLANNED DEVELOPMENT NO. 104 FOR A CHURCH; ADOPTING
DEVELOPMENT REGULATIONS; ADOPTING A CONCEPT PLAN; ADOPTING BUILDING
ELEVATIONS, ADOPTING A SIGN PLAN; PROVIDING FOR A CONFLICTS RESOLUTION
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 Obermeyer and a second by Councilmember
Caplinger, the Council voted six (6) for and one (1) opposed, with Councilmember McGregor
casting the negative vote, to table consideration of this item to the July 13, 2010, Regular
Meeting. The motion carried.
Other Business
15. Calendar.
• June 26 —Allen USA Celebration, Celebration Park, 4 to I I p.m.
June 29—ACCC/Three Cities Joint Meeting, Plano Center, 7 p.m.
June 30 — Groundbreaking Ceremony for Fire Station No. 5, McDermott Drive/Shallowater
Drive, 10 a.m.
• July 5 — City Observance of Independence Day, City Hall Closed,
16. Items of Interest.
• Council wished Emma Herald a happy 71h birthday.
Executive Session
The Executive Session was not held
17. Reconvene and Consider Action on Items Discusses 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 9:20 p.m. on Tuesday, lune 22, 2010. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 22, 2010
A
These minutes approved on the 13th day of July, 2010.
ATTEST:
ey B.
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CITY SECRE
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APPROVED:
Stepheff Terrell, MAYOR
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