Min - City Council - 2010 - 07/13 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2010
Present
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Robin L. Sedlacek
Gary L. Caplinger
Jeff McGregor
Joey Herald (absent)
City Stati:
Peter H. Vargas, City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney
Workshop Session
With a quomm 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, July 13, 2010, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas. The following items were discussed:
• Introduction of Alexander Kirk, Chair of the Board of Adjustments/Building and Standards
Commission/Sign Control Board
• Update Regarding National Incident Management System (NIMS) Training for Allen City Council
Members
• Briefing Regarding Proposed Amendments to the City's Environmental Health Ordinance
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:52 p.m. on
Tuesday, July 13, 2010
Call to Order and Announce a Omura 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 an. on Tuesday, July 13, 2010, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas
Pledee of Alleeiance
Public Recognition
1. Citizens' Comments
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2010
The following individuals wished to record support of Agenda Item 12:
Ellen Crummy, 113 Sunrise Drive, Allen, Texas
Sathianathan Arianayagam, 113 Sunrise Drive, Allen, Texas
The following individuals wished to record their support of Agenda Item 15:
Norine Bowen, 7510 Acorn Lane, Frisco, Texas
Lene Alley DeRudder, 1105 Fairfax Drive, Allen, Texas
Jean Booker, 600 Honeysuckle Lane, Lucas, Texas
Mendy Yarbrough, 616 Willow Oak Street, Allen, Texas
Fred Hebert, 3104 Almeta Lane, McKinney, Texas
Elizabeth Schlapp, 2045 Camelot Drive, Allen, Texas
Richard Merck, 1314 W McDermott #106-748, Allen, Texas
Dan Dembinski, 709 Thoreau Lane, Allen, Texas
Frank Bates, 1812 San Carlos Court, Allen, Texas
Walter, Smithwick, 716 Bush Drive, Allen, Texas
Susan Connelly, 1802 Baltimore Drive, Allen, Texas
Craig Hawkins, 1430 Fieldstone Drive, Allen, Texas
The following individuals wished to record their opposition to Agenda Item I5:
Wdm Hendrick, 1110 Sandy Creek Drive, Allen, Texas
Jim Hendrick, 1110 Sandy Creek Drive, Allen, Texas
Ambrey Samples, 505 E. Exchange 1!3101, Allen, Texas
2. Recognition of the 2010 Allen Census Committee Members.
PAGE
Mayor Terrell presented a certificate of appreciation to the 2010 Allen Census Committee
members:
Cyndi Baldwin, Dan Bowman, Cindy Briggs, Eric Buskness, Ken Crawford, Paul Davidson, Justin
Fuller, Chris Hendricks, John Ho, Teri Ito, Richard Mattock, Glenda May, Sandra McCoy -Jackson,
Gary Morgan, Dave Powszynski, Carol Sandoval, Michael Schaeffer, Mark Schallhorn, Bill Sermiini,
Sally Terrell, Ben Trahan, Rajeev Verma, Jeremy Wages, Stephen Westum, Thomas Wierzbicki,
Margaretta Williams, Carolyn Winkler
3. Presentation of Board of Adjustment/Sign Control Board/Building and Standards Commission
Annual Report by Alexander Kirk, Chairman.
Consent Agenda
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Caplinger, the Council voted six (6) for and none (0) opposed to adopt the items on the
Consent Agenda as follows.
Approve Minutes of the June 22, 2010, Regular Meeting.
5. Adopt an Ordinance Renewing the Term of an Electric Franchise Agreement Granted to
Denton County Electric Cooperative, Inc., DB/A CoSery Electric for an Additional Five (5)
Years.
ORDINANCE NO. 2924-7-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2010
PAGE 3
ALLEN, COLLIN COUNTY, TEXAS, RENEWING THE FRANCHISE AGREEMENT GRANTED
TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., D/B/A COSERV ELECTRIC.
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABB,ITY CLAUSE;
PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE.
6. Adopt an Ordinance Amending the Code of Ordinances, Chapter 6, `Health and Environment',
in Order to Establish a Storm Water Management Policy.
ORDINANCE NO. 2925-7-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 6, TO ADD ARTICLE VII, ESTABLISHING STORM WATER
MANAGEMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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.
7. Adopt a Resolution Authorizing the City Manager to Execute the First Amendment to an
Interlocal Agreement Between the City of Allen and the Allen Independent School District for
Intersection Improvements; Revising the City's Contribution to $300,000.
RESOLUTION NO. 2926-7-1OfR): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A
FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF
ALLEN, TEXAS, AND THE ALLEN INDEPENDENT SCHOOL DISTRICT (AISD), TEXAS,
PROVIDING FOR THE SHARING OF COSTS FOR THE CONSTRUCTION OF THE
INTERSECTION IMPROVEMENTS AT GREENVILLE AVENUE AND RIVERCREST
BOULEVARD; DESIGNATING THE CITY MANAGER, OR DESIGNEE, AS OFFICIAL
REPRESENTATIVE OF THE CITY IN MATTERS RELATING TO THESE IMPROVEMENTS;
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE AMENDMENT,
AND PROVIDING AN EFFECTIVE DATE.
8. Authorize the City Manager to Execute a Professional Services Contract with BW2 Engineers,
Inc., for the Design of the Main Street Reconstruction Project for an Amount Not to Exceed
$94,300 and Establish an Initial Project Budget of $500,000.
9. Authorize the City Manager to Execute Twelve Month Contracts with Martin Eagle Oil
Company and Douglass Distributing Transportation Company as Primary and Secondary
Vendors Respectively for Bulk Fuel Delivery with an Option for Five (5) Renewal Periods of
Twelve Months Each.
10. Award Bid and Authorize the City Manager to Approve the Purchase of Four Motorcycles
from Harley Davidson of Allen to be Utilized by the Allen Police Department for an Amount
Not to Exceed $71,446.76.
it. Award Bid and Authorize the City Manager to Execute a Contract with Oak Grove Landscape
& Irrigation, LLC., in the Amount of $110,731 for the Animal Shelter Landscape
i
Improvements.
The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2010 PAGE 4
Eli Regular Agenda
12. Adopt an Ordinance Creating 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. This Item
was Tabled at the June 22, 2010, Council Meeting Following the Closing of the Public Hearing.
(Z-4/5/10-23) ]Bethany Worship Center]
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor,
the Council voted six (6) for and none (0) opposed to continue the table on this item to the
July 27, 2010, Regular Meeting. The motion carried.
13. Conduct a Public Hearing and Adopt an Ordinance to create PD Planned Development No. 105
and Adopt Development Regulations for the Property. The Property is 197.74* Acres of Land
Situate in the David H. Nix Survey, Abstract No. 668, in the T.G. Kennedy Survey, Abstract No.
500, the James Wilcox Survey, Abstract No. 1017, and the Michael See Survey, Abstract No.
543, City of Allen, Collin County, Texas; Located North and South of Bethany Drive and West
of US 75. (Z-4/23/10-31) ]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.
El
The following individuals spoke in support of the item:
Richard Golden, 1226 Philip Drive, Allen, Texas
Gailon Brehm, 8024 Greensboro Drive, Plano, Texas
James W Oberizolz, 1105 Newport Drive, Allen, Texas
Randy Rosman, 1214 Philip Drive, Allen, Texas
Anne French, 523 Seeport Drive, Allen, Texas
Scott White, 1125 Belvedere, Allen, Texas
Neil Fonville, 411 Woodbridge, Allen, Texas
Dale Ehmer, 1206 Monica Drive, Allen, Texas
Melissa Owen, 1138 Philip Drive, Allen, Texas
The following individuals spoke in opposition to the item.
Lyle Addicks, 609 Bryan, Allen, Texas
Brian Brucker, 1106 Newport Drive, Allen, Texas
Lee Huber, 1133 Nick Circle, Allen, Texas
Peter Guggina, 1134 Nick Circle, Allen, Texas
The following individuals did not speak but wished to record their support of the item:
Pat Ehmer, 1206 Monica Drive, Allen, Texas
Marcus Yarbrough, 1600 Plummer Drive, Rockwall, Texas
Scott Lehrer, 1214 Philip Drive, Allen, Texas
Stewart French, 523 Seeport Drive, Allen, Texas
Valerie White, 1125 Belvedere, Allen, Texas
Misti Reed, 1717 Zavala Drive, Allen, Texas
Roslyn Miller, 11515 Hillcrest, Dallas, Texas
Kirk Evans, 1310 Sandy Creed Drive, Allen, Texas
Varna Oberholz, 1105 Newport Drive, Allen, Texas
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2010 PAGE 5
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2927-7-10: 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 WITH RESPECT TO AN APPROXIMATELY
197.74± ACRE TRACT OF LAND IN THE DAVID H. NIX SURVEY, ABSTRACT NO. 668,
MICHAEL SEE SURVEY, ABSTRACT NO. 543, AND THE TG. KENNEDY SURVEY,
ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, WHICH IS PRESENTLY ZONED "PD"
PLANNED DEVELOPMENT NO. 96, BY CHANGING THE ZONING TO "PD" PLANNED
DEVELOPMENT NO. 105; ADOPTING MASTER DEVELOPMENT REGULATIONS FOR THE
ENTIRE PROPERTY, DEFINING SUBAREAS OF THE PROPERTY, ADOPTING SUBAREA
DEVELOPMENT REGULATIONS FOR RESPECTIVE SUBAREAS, AND PROVIDING FOR
CONCEPT PLANS FOR CERTAIN SUBAREAS, PROVIDING FOR A CONFLICT RESOLUTION
CLAUSE, PROVIDING FOR A SEVERABB,ITY 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: A motion was made by Councilmember Sedlacek and seconded by Mayor Pro Tem Stout to
create PD Planned Development No. 105 and adopt Development Regulations for the
property on 197.74± acres located north and south of Bethany Drive and west of US 75 and
an amendment to the motion was made by Councilmember Sedlacek and seconded by Mayor
Pro Tem Stout to add that the MMO shall be solely limited to the property as described in the
ordinance that being Angel Field West, Hamilton Hills, Bethany Mews, Connemam Crossing,
and Montgomery Farm Estates. The Council voted six (6) for and none (0) opposed to
approve the original motion with the amendment to adopt Ordinance No. 2927-7-10, as
previously captioned. The motion carried.
Mayor Terrell recessed the meeting for five minutes.
Mayor Terrell moved to Agenda Item I5.
15. Adopt an Ordinance Amending the Code of Ordinances by Amending Chapter 10, by Adding
Article IV, Illegal Smoking Products, to Prohibit the Use, Purchase, Possession, and Sale of the
Synthetic Cannabinoid Known or Sold Under Such Names as "Spice," "Genie," "DaScents,"
"Zohai," "Sage," "K-2" AND "KO Knock -out 2" for Public Health Purposes.
ORDINANCE NO. 2928-7-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 10 BY ADDING ARTICLE IV, ILLEGAL SMOKING PRODUCTS, TO
PROHIBIT THE USE, PURCHASE, POSSESSION, AND SALE OF THE SYNTHETIC
The following individuals did not speak but wished to record their opposition to the item
Karen Brucker, 1106 Newport Drive, Allen, Texas
Lloyd Hatton, 1220 Newberry Drive, Allen, Texas
Brandon Stoddard, 417 Woodbridge Drive, Allen, Texas
Barbara Stoddard, 417 Woodbridge Drive, Allen, Texas
Barbara Huber, 1133 Nick Circle, Allen, Texas
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2927-7-10: 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 WITH RESPECT TO AN APPROXIMATELY
197.74± ACRE TRACT OF LAND IN THE DAVID H. NIX SURVEY, ABSTRACT NO. 668,
MICHAEL SEE SURVEY, ABSTRACT NO. 543, AND THE TG. KENNEDY SURVEY,
ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, WHICH IS PRESENTLY ZONED "PD"
PLANNED DEVELOPMENT NO. 96, BY CHANGING THE ZONING TO "PD" PLANNED
DEVELOPMENT NO. 105; ADOPTING MASTER DEVELOPMENT REGULATIONS FOR THE
ENTIRE PROPERTY, DEFINING SUBAREAS OF THE PROPERTY, ADOPTING SUBAREA
DEVELOPMENT REGULATIONS FOR RESPECTIVE SUBAREAS, AND PROVIDING FOR
CONCEPT PLANS FOR CERTAIN SUBAREAS, PROVIDING FOR A CONFLICT RESOLUTION
CLAUSE, PROVIDING FOR A SEVERABB,ITY 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: A motion was made by Councilmember Sedlacek and seconded by Mayor Pro Tem Stout to
create PD Planned Development No. 105 and adopt Development Regulations for the
property on 197.74± acres located north and south of Bethany Drive and west of US 75 and
an amendment to the motion was made by Councilmember Sedlacek and seconded by Mayor
Pro Tem Stout to add that the MMO shall be solely limited to the property as described in the
ordinance that being Angel Field West, Hamilton Hills, Bethany Mews, Connemam Crossing,
and Montgomery Farm Estates. The Council voted six (6) for and none (0) opposed to
approve the original motion with the amendment to adopt Ordinance No. 2927-7-10, as
previously captioned. The motion carried.
Mayor Terrell recessed the meeting for five minutes.
Mayor Terrell moved to Agenda Item I5.
15. Adopt an Ordinance Amending the Code of Ordinances by Amending Chapter 10, by Adding
Article IV, Illegal Smoking Products, to Prohibit the Use, Purchase, Possession, and Sale of the
Synthetic Cannabinoid Known or Sold Under Such Names as "Spice," "Genie," "DaScents,"
"Zohai," "Sage," "K-2" AND "KO Knock -out 2" for Public Health Purposes.
ORDINANCE NO. 2928-7-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 10 BY ADDING ARTICLE IV, ILLEGAL SMOKING PRODUCTS, TO
PROHIBIT THE USE, PURCHASE, POSSESSION, AND SALE OF THE SYNTHETIC
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2010
PAGE
CANNABINOID KNOWN OR SOLD UNDER SUCH NAMES AS "SPICE," "GENIE,"
"DaSCENTS," "ZOHAI," "SAGE," "K-2," AND "KO KNOCK -OUT 2" FOR PUBLIC HEALTH
PURPOSES; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION: Upon a motion made by Councilmember Caplinger and a second by Councilmember
Sedlacek, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2928-7-
10, as previously captioned, amending the Code of Ordinances, Chapter 10, by adding Article
IV, Illegal Smoking Products, to Prohibit the Use, Purchase, Possession, and Sale of the
synthetic cannabinoid known or sold under such names as "Spice," "Genie," "DaScents,"
"Zohai," "Sage,' "K-2" AND "KO Knock -Out 2" for public health purposes The motion
carried.
14. Conduct a Public Hearing and Adopt an Ordinance to Create PD Planned Development No. 106
for CF Community Facilities for a Public Safety Communications Tower. The Property is
5.974± Acres Situated in the James T. Roberts Survey, Abstract No. 777, Stacy Road Pump
Station, City of Allen, Collin County, Texas; Located East of Greenville Avenue and South of
Stacy Road. (Z-6/l/10-40)[Stacy Road Public Safety Communications Tower
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 opposition to the item:
Wendy Wilson, 1001 Shelborn Drive, Allen, Texas
Laura Staley, 1309 Lamar Lane, Allen, Texas
Eric Staley, 1309 Lamar Lane, Allen, Texas
Dr. Ken Wilson, 1001 Shelborn Drive, Allen, Texas
Stephanie Brittain, 1002 Shelbom, Allen, Texas
Hessian H. Hmimy, 1000 Shelborn Drive, Allen, Texas
David Pearl, 1718 Grand Canyon Way, Allen, Texas
Uri Eihziger-Lowicz, 1707 Zavala Drive, Allen, Texas
Brad Timiney, 1330 Red River Lane, Allen, Texas
Janice Goble, 1703 Shawnee Trail, Allen, Texas
Sari Eljarrah, 1025 Shelborn Drive, Allen, Texas
The following individuals did not speak but wished to record their opposition to the item:
Steven L. Work, 1705 Terrell Drive, Allen, Texas
Ellen Crummy, 1113 Sunrise Drive, Allen, Texas
Scott White, 1125 Belvedere, Allen, Texas
Irma Luna, 1718 Zavala Drive, Allen, Texas
Sudha Penasamy, 1112 Carson Drive, Allen, Texas
Lulu, 1711 Zavala Drive, Allen, Texas
Leonard Church, 1714 Terrell, Allen, Texas
Jane Church, 1714 Terrell, Allen, Texas
Tim Church, 1712 Terrell, Allen, Texas
Nathan Duelling, 1110 Sunrise Drive, Allen, Texas
Michael Brittain, 1002 Shelborn Drive, Allen, Texas
Sathianathan Arianayagam, 1113 Sunrise Drive, Allen, Texas
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2010
EMamudu
Kadiri, 1324 Red River Lane, Allen, Texas
Elliot Smith, 1203 Fox Trail Drive, Allen, Texas
Stephen Crim, 1114 Sunrise Drive, Allen, Texas
Weiwen Cai, 1012 Carson Drive, Allen, Texas
Felicitas Murrieta, 1324 Chimney Rock Drive, Allen, Texas
Abbie Stevens, 1311 Rusk, Allen, Texas
Thanh Tran, 1114 Sunrise Drive, Allen, Texas
Christina Murtigta, 1321 Chimney Rock Drive, Allen, Texas
Paula Davis, 1324 Chimney Rock Drive, Allen, Texas
Ping Du, 1109 Carson Drive, Allen, Texas
Nancy Griot, 1603 Sul Rosa Drive, Allen, Texas
Vincent Charles, 435 Arrowhead Drive, Allen, Texas
David Bartlett, 1712 Zavala Drive, Allen, Texas
Dorothy Cantrell, 1538 Hardeman Court, Allen, Texas
Sam Tali, 1109 Sunrise Drive. Allen, Texas
Sunil Verma, 1007 Sunrise Drive, Allen, Texas
Rhonda Taylor, 1538 Hardeman Court, Allen, Texas
Santesia Washington, 1709 Terrell Drive, Allen, Texas
Valerie Pearl, 1706 Zavala Drive, Allen, Texas
Wael T EI-jarrah, 1025 Shelborn Drive, Allen, Texas
Kerrie Fitch, 1721 Shawnee Trail, Allen, Texas
Ken Fitch, 1721 Shawnee Trail, Allen, Texas
Brian Camey, 1709 Zavala, Allen, Texas
Spencer Zachary, 1102 Fox Trail Drive, Allen, Texas
Steven Padron, 1321 Rusk Drive, Allen, Texas
Brandy Padron, 1321 Rusk Drive, Allen, Texas
Vicki Peeples, 1006 Fox Trail Drive, Allen, Texas
Alice Mathew, 1719 Shawnee Trail, Allen, Texas
Dolores Crone, 1319 Rusk Drive, Allen, Texas
K. Dyan Maramba, 1002 Timberbend Trail, Allen, Texas
Laura Campbell, 1701 Zavala Drive, Allen, Texas
Misti Reed, 1717 Zavala Drive, Allen, Texas
Stephanie Timiney, 1330 Red River Lane, Allen, Texas
Matt Morgan, 1202 Sunrise Drive, Allen, Texas
Barbara Chou, 1202 Sunrise Drive, Allen, Texas
Kimberly Neal -Smith, 1203 Fox Trail Drive, Allen, Texas
Tontseju Ochiaraerumr-Kadiri, 1324 Red River Lane, Allen, Texas
Lohanathan Duraisamx, 1112 Carson Drive, Allen, Texas
Bob Peeples, 1006 Fox Trail Drive, Allen, Texas
The following individual did not speak but wished to record support for the item
B. Higgins, 1000 Madera Court, Allen, Texas
With no one else speaking, Mayor Terrell closed the public hearing.
PAGE
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Mayor Pro Tem Stout,
the Council voted six (6) for and none (0) opposed to table this item to the July 27, 2010,
Regular Meeting. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2010 PAGE 8
16. Conduct a Public Hearing and Adopt an Ordinance Continuing and Readopting Chapter 10,
Article 11, Curfew for Juveniles, of the Code of Ordinances of the City of Allen, Texas.
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. 2929-7-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, CONTINUING AND READOPTING CHAPTER 10,
ARTICLE 11, CURFEW FOR JUVENILES, OF THE CODE OF ORDINANCES OF THE CITY OF
ALLEN, TEXAS; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF
FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
MOTION: Upon a motion made by Councilmember Caplinger and a second by Councilmember
McGregor, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2929-
7-10, as previously captioned, continuing and readopting Chapter 10, Article II, Curfew for
Juveniles, of the Code of Ordinances of the City of Allen, Texas. The motion carried.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
McGregor, the Council voted six (6) for and none (0) opposed to waive the 11.30
z adjournment time and to continue the Council meeting until Midnight in accordance with
a Section 6.7 of the Council Rules of Order and Procedure. The motion carried.
17. Conduct a Public Hearing and Adopt an Ordinance to Add 4.825± Acres from Tract 2, PD
Planned Development No. 45 to PD Planned Development No. 73 for SC Shopping Center, and
to Amend the Sign Plan, Concept Plan and Development Regulations for PD Planned
Development No. 73. The Property is 181.341± Acres Located in the Village at Allen, Lots
L2,3,4,5,6A,7A-1, 7B, 7C, 7D, 7E, 7F, 7G, and 711, Block A; and lots 1A, 1B, 1C, ID and 2A,
Block B; and 4.825± Acres Located in the F. Wilmeth Survey, Abstract No. 999, and the L.
Pegues Survey, Abstract No. 702; City of Allen, Collin County, Texas; located South of Stacy
Road and East of US 75. (Zr12/28/09-99) ]Village at Allen]
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. 2930-7-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING T14E ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY CHANGING
THE ZONING OF 4.825± ACRES OF LAND OUT OF THE F WILMETH SURVEY, ABSTRACT
NO. 999, DESCRIBED AS TRACTS 3 AND 4 IN EXHIBIT "A" FROM "PD" PLANNED
DEVELOPMENT NO. 45 TO "PD" PLANNED DEVELOPMENT NO. 73 FOR "SC" SHOPPING
CENTER; AMENDING AND RESTATING THE DEVELOPMENT REGULATIONS FOR "PD"
PLANNED DEVELOPMENT NO. 73 BY ADDING REGULATIONS WITH RESPECT TO
TEMPORARY USES AND SPECIAL EVENTS, AMENDING THE CONCEPT PLAN, AND
AMENDING THE SIGN PLAN, PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE;
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2010 PAGE 9
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 Sedlacek, the
Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2930-7-10, as
previously captioned, to add 4.825± acres from Tract 2, PD Planned Development No. 45 to
PD Planned Development No. 73 for SC Shopping Center, and to amend the Sign Plan,
Concept Plan and Development Regulations for PD Planned Development No. 73 on
181.341± acres located south of Stacy Road and east of US 75. The motion carried.
18. Conduct a Public Hearing and Adopt an Ordinance for a SUP Specific Use Permit for a Fueling
Station. The Property is 4.93± Acres Situated in the F. Wilmeth Survey, Abstract No. 999, and
the L. Pegues Survey, Abstract No. 702, Located South of Cabela Drive and East of US 75.
(SUP -12/28/09-97) [Rudy's Fueling Station[
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. 2931-7-10: 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 GRANTING SPECIFIC USE PERMIT
NO. 111 TO ALLOW A FUELING STATION ON A 4.098± ACRE TRACT OF LAND
PRESENTLY ZONED "PD" PLANNED DEVELOPMENT NO. 73 FOR `5C" SHOPPING
CENTER, GENERALLY LOCATED SOUTH OF CABELA DRIVE AND EAST OF US75;
PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN;
PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS 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 Obermeyer and a second by Councilmember
Sedlacek, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2931-7-
10, as previously captioned, granting Specific Use Permit No. 111 for a fueling station on
4.83± acres located south of Cabela Drive and east of US 75. The motion carried.
Other Business
19. Calendar.
• July 5 — Cabela's Ground Breaking, Cabela Drive, 10 a.m.
20. Items of Interest.
The Executive Session was not held.
21. Reconvene and Consider Action on Items Discusses during Executive Session.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2010
PAGE 10
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obenneyer,
the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 11:49 p.m on Tuesday, July 13, 2010. The motion carried.
These minutes approved on the 27th day of July, 2010.
ATTEST:
Shelley B. George, SECRETAW
11
APPROVED:"(}.���������,//�J
Steph��MAYOA