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Home My WebLink AboutMin - City Council - 2006 - 01/10 - RegularALLEN CITY COUNCIL IS Relu 10 ad Ial all I INVI JANUARY 10, 2006 Present Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obenneyer Mark Pacheco Susan Bartlemay Jeff McGregor City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B George, City Secretary Pete Smith, City 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 6:20 p.m. on Tuesday, January 10, 2006, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas Items discussed in the workshop included: • Briefing of Holiday Activities and Tree Lighting Ceremony • Briefing Regarding Council Member Pay With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7,01 p.m. on Tuesday, January 10, 2006 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 7:04 p.m. on Tuesday, January 10, 2006, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of of Allegiance ® Public Recoenition E�'i 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 10, 2006 PAGE 2. Presentation of Blue Star Flags to the Families of Allen Service Personnel Currently Deployed by the U.S. Armed Forces. Blue Star Flags were presented to the following family members: Andrea Smith, spouse of Major Joseph Smith with the 71" IO Group, Texas Army National Guard from Camp Mabry, Texas. Major Smith degloved in October 2005 for Kosovo. Mark and Nancy Pacheco, parents of Corporal Kenneth "Kenny" Pacheco with the United States Army, E Company, I" Battalion, 12`s Infantry Regiment, 4ih Brigade, 41h Infantry Division. Corporal Pacheco was deployed in December 2005 and is serving his second tour of duty to Iraq. His first tour was in 2003 3. Recognition of the Allen Police Department as the Recipient of the 2005 National Night Out Award from the National Association of Town Watch. The Mayor and City Council recognized Corporal Jon Felty and Officer Jerry Jones with the Community Policing Division. Consent Agenda MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as follows: Approve Minutes of the December 13, 2005, Regular Meeting. Adopt a Resolution that Establishes a City of Allen Clean Vehicle Fleet Policy. RESOLUTION NO. 2472-1-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A CLEAN VEHICLE FLEET POLICY, AND PROVIDING FOR AN EFFECTIVE DATE. 6. Adopt an Ordinance to Amend the Maximum Prima Facie Speed Limit for U.S. 75 East and West Frontage Roads and Alma Drive within the Corporate Limits of the City of Allen. ORDINANCE NO. 2473-1-06: 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 U.S 75 EAST FRONTAGE ROAD, FOR THE U.S. 75 WEST FRONTAGE ROAD, AND FOR ALMA DRIVE 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. 7. Adopt a Resolution Authorizing the City Manager to Delegate Signatory Authority to the Director of Engineering for the Purposes of Executing, Approving, and Accepting ALLEN CITY COUNCIL REGULAR MEETING JANUARY 10, 2006 PAGE Responsibility for Storm Water Pollution Prevention Plans (SWPPP) for all Construction Projects, for which the City of Allen is Owner. RESOLUTION NO. 2474-1-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO DELEGATE SIGNATORY AUTHORITY TO THE DIRECTOR OF ENGINEERING FOR THE PURPOSES OF EXECUTING, APPROVING, AND ACCEPTING RESPONSIBILITY FOR STORM WATER POLLUTION PREVENTION PLANS (SWPPP) FOR ALL CONSTRUCTION PROJECTS, FOR WHICH THE CITY OF ALLEN IS OWNER; AND PROVIDING AN EFFECTIVE DATE Authorize the City Manager to Execute a Professional Engineering Services Contract with Birkhoff, Hendricks, and Conway, L.L.P. for an Amount Not to Exceed $34,850 for Engineering and Design Services for Analysis of the Forest Grove Estates Drainage Basin and Establish a Project Budget of $65,000. Authorize the City Manager to Approve the Purchase, Delivery, Installation, and Annual Maintenance of a Digital Live Scan System from Mentalix, Inc. in the Amount of $29,315, and an Automated Fingerprint Identification System from AFIX Technologies in the Amount of $30,000. 10. Receive the Summary of Property Tax Collections as of November 2005. 11. Receive the Financial Report for Period Ending September 30, 2005. 12. Receive the Quarterly Investment Report for the Period Ending September 30, 2005. The motion carried. Reeular Aeenda 13. Adopt a Resolution Establishing Membership Fees for Allen Senior Recreation Center and Establishing a New Senior Citizen Rate for Membership at the Joe Farmer Recreation Center. RESOLUTION NO. 2475-1-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES FOR THE ANNUAL MEMBERSHIP OF THE ALLEN SENIOR RECREATION CENTER AND THE JOE FARMER RECREATION CENTER; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councdmember Obermeyer, the Council voted seven (7) for and none opposed to adopt Resolution No. 2475- 1-06(R) as previously captioned. The motion carried 14. Conduct a Public Hearing and Adopt an Ordinance Amending Planned Development No. 93 by Amending the Setbacks on Tract B, Zoned for "R7" Residential, Being 12f Acres Located South of the Southeast Corner of Stacy Road and Curtis Lane. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 10, 2006 PAGE 4 Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. With no one speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2476-1-06: 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 THE SIDE YARD SETBACK REQUIREMENTS FOR TRACT B BY AMENDING SECTION 2B, ORDINANCE NO. 2322-8-04, AMENDING PLANNED DEVELOPMENT NO 93, BEING 12 86± ACRES IN THE L.K. FUGUES SURVEY, ABSTRACT NO. 702 AND THE F.0 WILMETH SURVEY, ABSTRACT NO. 999, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING 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 Obermever and a second by Councilmember Stout, the Council voted seven (7) for and none opposed to adopt Ordinance No. 2476-1-06 as previously captioned, amending PD Planned Development No. 93 by amending the setbacks on Tract B. zoned for R7 Residential, being 12± acres located south of the southeast corner of Stacv Road and Curtis Lane. The motion carried. 15. Conduct a Public Hearing and Adopt an Ordinance Amending the Zoning for Portions of "PD" Planned Development No. 72 for "CC" Corridor Commercial Uses to "113" and "R4" Residential Uses on 73± Acres Located Northeast of Stacy, South of Ridgeview Drive. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so With no one speaking, Mayor Terrell closed the public hearing MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Bartlemay, the Council voted seven (7) for and none opposed to table this item to the January 24, 2006, regular meeting. The motion carried. 16. Conduct a Public Hearing and Adopt an Ordinance Changing the Zoning from "AO" Agriculture -Open Space to "PD" Planned Development No. 98 for "B4" Residential, "R5" Residential, "TH" Townhome, and "CC" Corridor Commercial Uses for 164± Acres of Land Located North of W. Exchange Parkway and West of Twin Creeks Drive. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. With no one speaking, Mayor Terrell closed the public hearing. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 10, 2006 PAGE ORDINANCE NO. 2477-1-06: 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 A CHANGE IN ZONING FROM "AO" AGRICULTURE/OPEN SPACE TO "PD" PLANNED DEVELOPMENT NO. 98 FOR "R4" RESIDENTIAL, "R5" RESIDENTIAL, "TH" TOWNHOME, AND "CC" CORRIDOR COMMERCIAL USES, FOR 164.942+ ACRES IN THE J. W PARSONS SURVEY, ABSTRACT NO. 705, AND THE MARY STANDRER SURVEY, ABSTRACT NO. 812, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED, PROVIDING FOR A CONCEPT PLAN ATTACHED AS EXHIBIT "B", PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "C; PROVIDING A REPEALING 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 Mayor Pro Tem Falk and a second by Councilmember Oberrneyer, the Council voted four (4) for and three (3) opposed with Mayor Terrell, Councilmember Pacheco and Councilmember Bartlemay casting the negative votes, to adopt Ordinance No. 2477-1-06 as previously captioned, changing the zoning from "AO" Agriculture -Open Space to "PD" Planned Development No. 98 for "R4" Residential, "R5" Residential, "TIT, Townhome, and "CC" Corridor Commercial Uses for 164± acres of land located north of W Exchange Parkway and west of Twin Creeks Drive, with the following additional stipulations: 1) the HOA area shall have a minimum of three connections to roadways; 2) maximum of 390 "R4" and "R5" lots that can be a mix of units as presented (maximum of 190 "R4" lots at 2.07 du / ac; maximum of 200 "R5" lots at 4.05 du / ac); 3) the use regulations clarified that park land dedication fees will be required in all scenarios; and 4) delete open space requirement in retail tract. The motion carried. Other Business 17. Calendar. • January 21 — Allen Senior Recreation Center Grand Opening 18. Items of Interest. The Council congratulated the Allen Escadrille on their spectacular performance in the Rose Bowl parade. Executive Session The Executive Session was not held. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Session of the Allen City Council at 10:08 p.m. on Tuesday, January 10, 2006. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 10, 2006 PAGE 6 ® These minutes approved on the 24' day of Januar, 2006. ATTEST: l Shelley B. GeorgITY SEtRFTARY 0 APPROVED: —' Stephen Terrell, MAYOR