Min - City Council - 2010 - 12/14 - RegularALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2010
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Gary L. Caplinger
Jeff McGregor
City Staff:
Peter H. Vargas, City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney
IWorkshop 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, December 14. 2010, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen. Texas.
• Taping of the Christmas Message
• Briefing Regarding Proposed Amendments to the City's Solid Waste Ordinance
• Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:46 p.m. on
Tuesday, December 14, 2010.
Call to Order and Announce a Ounu am 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. December 14, 2010, to the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
Public Recognition
1. Citizens' Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2010 PAGE 2
2. Michelle Owens of H-E-B/Central Market will Present the Green Bag Grant Award in the
Amount of $3,000 to Representatives from the Keep Allen Beautiful Board.
3. Recognition of Allen's 'Texas Amateur Athletic Federation Local Male and Female Athletes of
the Year'.
Female Athlete of the Year: Hayley Deschenes
Male Athlete of the Year. Jelani Rainey
Consent Agenda
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:
4. Approve Minutes of the November 23, 2010, Regular Meeting.
5. Adopt an Ordinance Amending the Code of Ordinances by Amending Chapter 6, 'Health and
Environment', by Adding an Article IX Titled 'Oil and Gas Wells'.
ORDINANCE NO. 2969-12.10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 6, "HEALTH AND ENVIRONMENT" BY ADDING A NEW ARTICLE
IX TITLED "OIL AND GAS WELLS": PROVIDING FOR DEFINITIONS: PROVIDING
REQUIREMENTS FOR A DRILLING PERMIT, PROVIDING DRILLING STANDARDS.
PROVIDING A FEE: 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 ($2,000.00): AND PROVIDING
AN EFFECTIVE DATE.
6. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, 'Motor Vehicles and
Traffic', by Amending the Speed Limit Zone Boundaries along Chaparral Road from
Greenville Avenue to Points West of Rosewood Lane, within the Corporate Limits of the City of
Allen.
ORDINANCE NO. 2970.12.10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
AMENDING 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 CHAPARRAL ROAD WITHIN THE
CORPORATE LIMITS OF THE CITY OF ALLEN; PROVIDING FOR A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS 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.
7. Adopt an Ordinance Changing the Name of 'Allen Station Parkway', North of Exchange
Parkway, to'Andrews Parkway'.
ORDINANCE NO. 2971-12-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS. CHANGING THE NAME OF ALLEN STATION
ALLEN CITY COUNCIL
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DECEMBER
14, 2010 PAGE 3
PARKWAY IN ITS ENTIRETY TO ANDREWS PARKWAY AS DESCRIBED ON EXHIBITS
"A" AND "B", PROVIDING FOR A SEVERABILITY CLAUSE. PROVIDING FOR A
REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
8.
Adopt an Ordinance Reducing the Extraterritorial Jurisdiction (ETJ) Boundaries by Removing
the Area on which the Lovejoy ISD Administration Building and the Elementary School Site
are Located.
ORDINANCE NO. 2972-12-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, REDUCING THE EXTRATERRITORIAL JURISDICTION
OF THE CITY OF ALLEN, TEXAS, WITH RESPECT TO THE PROPERTY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO, UPON THE ANNEXATION OF SAID PROPERTY BY THE
TOWN OF FAIRVIEW, TEXAS; PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING
FOR AN EXPIRATION DATE UNDER CERTAIN CONDITIONS.
9.
Adopt a Resolution Authorizing the City Manager to Enter into an Interlocal Agreement
between the City of Allen and the Town of Fairview to Modify the Extraterritorial Jurisdiction
(ETJ) Boundaries and Annex the Lovejoy Administration and Elementary School Site into the
Town of Fairview.
RESOLUTION NO. 2973.12-10(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY TEXAS, APPROVING THE TERMS AND CONDITIONS OF
AN INTERLOCAL AGREEMENT WITH THE TOWN OF FAIRVIEW, TEXAS, RELATING TO
REDUCING THE CITY OF ALLEN'S EXTRATERRITORIAL JURISDICTION ON THE
CONDITION THAT THE TOWN OF FAIRVIEW ANNEX THE AREA OF THE LOVEJOY ISD
ADMINISTRATION BUILDING AND THE CARRIE L. LOVEJOY ELEMENTARY SCHOOL;
AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND
PROVIDING AN EFFECTIVE DATE.
10.
Authorize the City Manager to Execute an Amended and Restated License Agreement with
Allen Football, LLC (Allen Wranglers) and Authorize the City Manager to Purchase Artificial
Turf for the Allen Event Center from Sports Flooring, Inc. for an Amount not to Exceed
$84,034 for Use by the Allen Wranglers and Indoor Football League.
11.
Authorize the City Manager to Execute an Electric Easement to CoSery Electric for Fire
Station No. 5 Electrical Service.
12.
Authorize the City Manager to Execute a Contract with JDC Construction Company for an
Amount not to Exceed $601,400 for Construction of the Celebration Pass Hike and Bike Trail.
13.
Aulhoriu the City Manager to Execute One-year Contracts with Atlantis Services, Inc. and
Berger Engineering as the Primary and Secondary Vendors, Respectively, to Provide Heating,
Ventilation, and Air Conditioning (HVAC) Preventative Maintenance and On-call Repair
Services for City Facilities for a Total Annual Amount not to Exceed $75,000, with Two One-
year Options to Renew.
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Receive the Financial Report for the Period Ending September 30, 2010, (unaudited).
15.
Receive the Investment Report for the Period Ending September 30, 2010.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2010 PAGE 4
The motion carried.
Regular Agenda
16. Conduct a Public Hearing and Consider a Resolution Adopting the 2009.2010 Comprehensive
Annual Performance Evaluation Report (CAPER) for the Community Development Block
Grant (CDBG) Program.
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.
RESOLUTION NO. 2974-12-10(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2009-2010 COMPREHENSIVE
ANNUAL PERFORMANCE EVALUATION REPORT (CAPER); AUTHORIZING ITS
SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD); REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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 adopt Resolution No. 2974-12-
10(R), as previously captioned, approving the 2009-2010 Comprehensive Annual
Performance Evaluation Report (CAPER) for the Community Development Block Grant
program. The motion carried.
17. Conduct a Public Hearing and Adopt an Ordinance Creating Planned Development PD No.
106, Shopping Center SC, for a Car Wash on 1.33 Acres Located at the Northeast Corner of
Custer Road and Hedgcoxe 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. 2975-12-10: 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 1.306± ACRES OUT OF THE GRIZZEL KENNEDY SURVEY, ABSTRACT
NO. 499, DESCRIBED IN EXHIBIT "A," ATTACHED HERETO FROM "SC" SHOPPING
CENTER, TO `PD" PLANNED DEVELOPMENT NO. 106 FOR A CAR WASH; 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 Sedlacek and a second by Councilmember
Caplinger, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2010
PAGES
2975-12-10, as previously captioned, creating Planned Development PD No. 106, Shopping
Center SC, for a Car Wash on 1306± acres situated in the Grizzel Kennedy Survey, Abstract
No. 499, City of Allen, Collin County Texas; located at the northeast corner of Custer Road
and Hedgcoxe Road. The motion tamed.
18. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit SUP No. 115
for Automotive Repairs, Minor, on 0.7± Acres Located South of McDermott Drive, West of
Watters Road and North of Allen Central Drive.
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. 2976-12-10: 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 GRANTING
SPECIFIC USE PERMIT NO. 115 FOR AUTOMOTIVE REPAIRS. MINOR FOR PROPERTY
ZONED "SC" SHOPPING CENTER, BEING 0.7446± ACRES IN THE MICHAEL SEE SURVEY,
ABSTRACT NO. 543, CITY OF ALLEN, COLLIN COUNTY, TEXAS DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO; ADOPTING A SITE PLAN; ADOPTING BUILDING ELEVATIONS;
PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING 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 Caplinger and a second by Councilmember
Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2976-12-10, as previously captioned, granting Specific Use Permit (SUP) No. 115 for
Automotive Repairs, Minor on 0.7446± acres situated in the Michael See Survey, Abstract
No. 543, City of Allen. Collin County, Texas; located south of McDermott Drive, west of
Watters Road and north of Allen Central Drive. The motion carried.
19. Conduct a Public Hearing and Adopt an Ordinance Amending Planned Development PD No.
54, Tract 12, for Townhome TH to Planned Development PD No. 54 R-7 Single -Family
Residential District on 16± Acres Situated in the Catherine Parsons Survey, Abstract No. 711,
City of Allen, Collin County, Texas; located south of Bray Central Drive between Benton Drive
and Watters 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. 2977-12-10: 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 16.23± ACRE TRACT OF LAND IN THE CATHERINE PARSONS SURVEY,
ABSTRACT NO. 711, CITY OF ALLEN. COLLIN COUNTY, TEXAS, BEING DESCRIBED IN
EXHIBIT "A." AND BEING A PORTION OF TRACT 12 OF PLANNED DEVELOPMENT NO. 54,
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2010
PAGE 6
AS HERETOFORE AMENDED, FROM "TH" TOWNHOME TO "R-7" SINGLE FAMILY
RESIDENTIAL, PROVIDING FOR DEVELOPMENT REGULATIONS. PROVIDING FOR A
CONCEPT PLAN: PROVIDING FOR BUILDING ELEVATIONS, PROVIDING A CONFLICTS
RESOLUTION CLAUSE: PROVIDING A SEVERABILITY CLAUSE: PROVIDING 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 McGregor and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2977-12-10, as previously captioned, amending Planned Development PD No. 54, Tract 12.
for Townhome TH to Planned Development PD No. 54 R-7 Single-Fanuly Residential
District on 16.23± acres situated in the Catherine Parsons Survey, Abstract No. 711, City of
Allen, Collin County, Texas: located south of Bray Central Drive between Benton Drive and
Watters Road. The motion canned.
20. Conduct a Public Hearing and Adopt an Ordinance to Amend the Allen Land Development
Code by Amending Section 4.06,'Changes and Amendments'; Amending Section 4.08, 'District
Purpose and Supplemental Regulations' (Inclusive of Sections 4.08.1 through 4.08.16);
Amending Section 4.20.2, 'Schedule of Principal Uses'; Amending Section 4.20.3, 'Schedule of
Accessory Uses'; Amending Section 6.01.3, 'Approval Process and Procedure for Specific Use
Permits'; Amending Section 6.01.4, 'Specific Use Permit Requirements'; Repealing Section
6.01.5,'Specific Permitted Uses'; Amending Section 6.02.1,'Purpose of Conditional Specific Use
Permits'; Amending Section 6.03, 'Private Clubs and Restaurant/Private Clubs' (Inclusive of
Sections 6.03.1 through 6.03.8); Repealing Section 6.03.10, 'Firearms and Explosives Sales and
Service'; Amending Section 6.05.4, 'Site Plan Review Standards'; by Adding to Article VI, a
New Section 6.06, 'Supplemental Use Regulations' (Inclusive of New Sections 6.06.1 through
6.06.10, 'Providing for Supplemental Use' and 'Developments for Various Uses'); Amending
Section 7.04.1, 'Vehicle Parking'; Amending Section 7.05.1, 'Standard Planting Materials;
Amending Section 7.07, 'Fences and Walls'; Amending Section 7.08, 'Performance Standards';
Amending Section 7.09.5, 'General Regulations Governing Signs'; Amending Section 7.09.8.2,
'Special Events and Grand Opening Signs'; Amending Section 8.09, 'Wastewater Utility
Standards'.
Mayor -Terrell opened the public hearing and asked anyone wishing to speak form against this item to
do so at this time.
With no one speaking, Mayor Terrell closed the public hearing
ORDINANCE NO. 2978-12-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
BY AMENDING SECTION 4.06 "CHANGES AND AMENDMENTS", AMENDING SECTION
4.08 "DISTRICT PURPOSE AND SUPPLEMENTAL REGULATIONS" INCLUSIVE OF
SECTIONS 4.081 THROUGH 4.0816; AMENDING SECTION 4.20.2 "SCHEDULE OF
PRINCIPAL USES": AMENDING SECTION 4.20.3 "SCHEDULE OF ACCESSORY USES".
AMENDING SECTION 6.01.3 "APPROVAL PROCESS AND PROCEDURE FOR SPECIFIC USE
PERMITS"; AMENDING SECTION 6.01.4 "SPECIFIC USE PERMIT REQUIREMENTS"
REPEALING SECTION 6.01.5 "SPECIFIC PERMITTED USES"; AMENDING SECTION 6.02.1
"PURPOSE OF CONDITIONAL SPECIFIC USE PERMITS"; AMENDING SECTION 6.03
"PRIVATE CLUBS AND RESTAURANT/PRIVATE CLUBS" INCLUSIVE OF SECTIONS 6.03.1
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2010
PAGE 7
THROUGH 6.038; REPEALING SECTION 6.0310 "FIREARMS AND EXPLOSIVES SALES
AND SERVICE" AMENDING SECTION 6.05.4 "SITE PLAN REVIEW STANDARDS", BY
ADDING TO ARTICLE VI, A NEW SECTION 6.06 "SUPPLEMENTAL USE REGULATIONS"
INCLUSIVE OF NEW SECTIONS 6.06.1 THROUGH 6.06.10 PROVIDING FOR
SUPPLEMENTAL USE AND DEVELOPMENT REGULATIONS FOR VARIOUS USES;
AMENDING SECTION 704.1 "VEHICLE PARKING% AMENDING SECTION 7.05.1
"STANDARD PLANTING MATERIALS" AMENDING SECTION 7.07 "FENCES AND
WALLS": AMENDING SECTION 708 "PERFORMANCE STANDARDS"; AMENDING
SECTION 7.095 "GENERAL REGULATIONS GOVERNING SIGNS": AMENDING SECTION
7.09.8.2 "SPECIAL EVENTS AND GRAND OPENING SIGNS"; AMENDING SECTION 8.09
"WASTEWATER UTILITY STANDARDS" AND AMENDING APPENDIX A. "DEFINITIONS";
PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING 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 Councilmember Obermeyer and a second by Mayor Pro Tem Stout,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2978-12-10, as
previously captioned, with the exclusion of Section 6.06.8(c). The motion carried.
Other Business
21. Calendar.
• November 25-26, 2010 - City Hall Closed in Observance of Thanksgiving
• December 3. 2010 -City of Allen Christmas Tree Lighting, Civic Plaza. 7 p.m
• December 4. 2010 -Rudolph Run, Check-in 7 a.m., Race 8:15 a.m
22. Items of Interest.
• Council wished the citizens of Allen a Merry Christmas.
• The Allen Philharmonic Symphony will hold its Holiday Fantasnque on December 17
• The City of Allen is competing against the cities of Frisco and McKinney in the Red Kettle City's
Challenge benefitting the Salvation Army.
Executive Session
The Executive Session was not held
23. Reconvene and Consider Action on Items Discusses during Executive Session.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer.
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 8:32 p.m on Tuesday, December 14, 2010. The motion carried.
I
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2010
These minutes approved on the I P" day of January, 2011.
ATTEST:
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Shelley B. George, CITY SECRETAR
PAGE 8
APPROVED:
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Stephen Terrell, MAYOR