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Home My WebLink AboutMin - City Council - 2003 - 04/22 - RegularALLEN CITY COUNCIL REGULAR MEETING APRIL 22, 2003 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Susan Bartlemay Jeff McGregor City Staff: Peter H. Vargas, City Manager Shelley B George, City Secretary Peter G Smith, Attorney 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 7.08 p.m. on Tuesday, April 22, 2003, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included. • Briefing Regarding the 2003 Strategic Plan • Briefing Regarding an Interlocal Agreement Concerning the Arts of Collin County Pledee of Allegiance Public Recognition 1. Citizens' Comments. 2. Present a Plaque -Of -Appreciation to Mr. David Alexander, former Keep Allen Beautiful Board Member. The Mayor presented a Plaque -of -Appreciation to Mr. David Alexander, a member of the Keep Allen Beautiful Board from October 2002 to April 2003, 1 3. Presentation of Proclamations by the Office of the Mayor. ALLEN CITY COUNCIL REGULAR MEETING APRIL 22, 2003 PAGE • Presentation of a Proclamation to Michael Frick of the Collin County Adult Literacy Council Proclaiming May 3, 2003, as Let's Celebrate Literacy 2003 Day • Presentation of a Proclamation to Officer Vikki Francis, Animal Control Supervisor, Proclaiming May 4-10. 2003, as National Pet Week. • Presentation of a Proclamation to Officer Vikki Francis, Animal Control Supervisor, Proclaiming May 18-24, 2003, as Bite Prevention Week. • Presentation of a Proclamation to Police Captain Billy Myrick Proclaiming May I1-17, 2003, as National Police Memorial Week MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout, the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda as follows: Approve Minutes of the April 7, 2003, TRIAD Meeting of the City Council, Allen Independent School District Board of Trustees, and the Chamber of Commerce Executive Committee. Approve Minutes of the April 8, 2003, Regular Meeting. 6. Adopt an Ordinance Amending the Code of Ordinances, Chapter 2, Article IX, "Board and Commissions," Establishing the Membership Qualifications for the Boards and Commissions. ORDINANCE NO. 2155-4-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ARTICLE IX TO PROVIDE QUALIFICATIONS FOR MEMBERS OF CITY BOARDS AND COMMISSIONS; ELIMINATING TERM LIMITS; PROVIDING FOR PROCEDURES FOR THE APPOINTMENT AND REMOVAL OF BOARD AND COMMISSION MEMBERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 7. Adopt an Ordinance Amending Local Registration of Retail Electric Providers. ORDINANCE NO. 21564-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF ORDINANCE NO. 2007-12-01 AND ORDINANCE NO 2053-6-02 REGARDING RETAIL ELECTRIC PROVIDERS AND PROVIDING FOR NEW REGULATIONS FOR THE REGISTRATION OF RETAIL ELECTRIC PROVIDERS, REQUIRING LOCAL REGISTRATION OF RETAIL ELECTRIC PROVIDERS PURSUANT TO THE TEXAS UTILITIES CODE AND THE RULES ADOPTED THEREUNDER; PROVIDING FOR A REGISTRATION FEE; PROVIDING FOR THE SUSPENSION OR REVOCATION OF REGISTRATION FOR SIGNIFICANT VIOLATIONS OF CHAPTER 39 OF THE TEXAS UTILITIES CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. Adopt a Resolution Supporting Passage of Enabling Legislation for Photographic Red Light Enforcement in the 78" Texas Legislature. ALLEN CITY COUNCIL REGULAR MEETING APRIL 22, 2003 PAGE RESOLUTION NO. 2157-4-03(RI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING THE PASSAGE OF ENABLING LEGISLATION FOR PHOTOGRAPHIC TRAFFIC CONTROL SIGNAL ENFORCEMENT BY THE 78TH TEXAS LEGISLATURE; AND PROVIDING FOR AN EFFECTIVE DATE. 9. Award Bid and Authorize Execution of a Contract with JRJ Paving, L.P., for the Construction of Phase H of the Asphalt Mill and Overlay Project and Establish a Project Budget of $646,000. Council authorized the City Manager to execute a contract with JRJ Paving, L.P., to construct the Asphalt Mill and Overlay Project Phase II for an amount not to exceed $496,049.59 and establish a project budget of $646,000. 10. Award Change Order #1 for Phase II of the Asphalt Mill and Overlay Project. Council authorized the City Manager to execute Change Order #1 with JRJ Paving, L.P_ increasing the original contract amount of the Asphalt Mill and Overlay Project Phase II by $120,537 68 making the total contract amount $616,587 27 it. Authorize Execution of a Professional Services Contract to Lockwood, Andrews and Newnam, Inc. to Perform an Energy Audit of Existing City of Allen Facilities and Establish a Project Budget of $34,000. Council authorized the City Manager to execute a contract with Lockwood, Andrews and Newman, Inc. to perform an Energy Consumption Audit of existing City of Allen facilities for an amount not to exceed $25,000 and establish a project budget of $34,000. 12. Receive the CIP (Capital Improvement Program) Status Report. The motion carred Regular Agenda 13. Conduct a Public Hearing and Adopt an Ordinance Amending Planned Development No. 21 to GO -Garden Office Uses from SF -Single -Family Uses on 43 Acres of Land Located at the Southeast Corner of US 75 and Exchange Parkway. 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. 2158-4-03: 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 PLANNED DEVELOPMENT NO. 21 TO ALLOW GARDEN OFFICE USES FOR 4.901 ACRES OF LAND, MORE OR LESS LOCATED IN THE L. K. PEGUES SURVEY NO, 702, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN ALLEN CITY COUNCIL REGULAR MEETING APRIL 22, 2003 PAGE EXHIBIT "A"; PROVIDING FOR THE APPROVAL OF EXHIBIT `B" CONCEPT PLAN; PROVIDING FOR DEVELOPMENT CONDITIONS, PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING 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 Stout and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 2158-4-03 as previously captioned. The motion carried 14. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from AO - Agriculture -Open Space to LR -Local Retail, R5 -Single -Family Residential and 114 -Single - Family Residential on 49t Acres of Land Located at the Northeast Corner of Exchange Parkway and Angel Parkway. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. Mr. Ron Haynes, 17817 Davenport Road, Suite 210, Dallas 75252, spoke in favor of this item. Mr. William J. Wmkelmann, 6750 Hillcrest Plaza Drive, Suite 100, Dallas 75230, spoke in favor of this item. Ms. Jana Zettl, 607 Meadow Lane, Allen 75002, spoke in opposition to this item. Ms. Maureen Higgins, 645 Meadow Lane, Allen 75002, spoke in opposition to expanding Exchange Parkway to a six -lane thoroughfare. Mr. Michael Higgins, 645 Meadow Lane, Allen 75002, expressed concern over the overflow of the drainage ditch from the detention pond and the need to contain the drainage ditch in a tunnel if Exchange Parkway is expanded The following individuals did not wish to speak, but wished to record their opposition to this item. Ms. Jeanna Noorzaie, 723 Highland Court, Allen 75002; Ms. Janie Acosta, 710 Meadow Mead, Allen 75002; Mr. Kul Zettl, 607 Meadow Lane, Allen 75002; and Ms. Jennifer Brainerd, 911 Tyler Court, Allen, Texas 75002. With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2159-4-03: 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 DISTRICT TO "LR" — LOCAL RETAIL DISTRICT FOR TRACT I AND TRACT 2 (11.468+ ACRES), "RS" - SINGLE- FAMILY RESIDENTIAL DISTRICT FOR TRACT 3, TRACT 5, AND TRACT 6 (33.016± ALLEN CITY COUNCIL REGULAR MEETING APRIL 22, 2003 PAGE ACRES), AND `R4" — SINGLE FAMILY RESIDENTIAL DISTRICT FOR TRACT 4 (4.78j- ACRES), 4.781ACRES), FOR 49.264± ACRES IN THE W FISHER SURVEY, ABSTRACT NO. 323, AND THE J. MILLER SURVEY, ABSTRACT NO. 609, 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 Bartlemay, and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 2159-4-03 as previously captioned. The motion carried. 15. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning by Granting Specific Use Permit No. 95 for a Fueling Station on 2± Acres of Land Located at the Northeast Corner of Bethany Drive and Prestige Circle. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. Mr. Kirk R. Williams, representing RaceTrac Enterprises, Inc., 5400 Renaissance Tower, Dallas 75270, spoke in favor of this item Ms. Izzie Waller, Director of Community Relations for RCL Enterprises, Inc., 200 E. Bethany Drive, Allen 75002, spoke in opposition to this request. She expressed concern regarding increased traffic congestion that would impact ingress and egress of employees, suppliers and customers. She also stated that she believed a fueling station at this location is incompatible with other businesses in this area. The following individuals did not wish to speak, but wished to record their support of this item Ms. Julie A. Diamond, 300 Technology Court, Smyrna, Georgia 30082, Ms. Bndgett Shamburger, 12700 Park Central Drive, Suite 1800, Dallas 75251; Mr Scott Thigpen, 300 Technology Court, Smyrna, Georgia 30082; and Mr. Chris Frysmger, 12700 Park Central Drive, Suite 1800, Dallas 75251. With no one else speaking, Mayor Terrell closed the public hearing. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Obermeyer, the Council voted four (4) for and two (2) opposed with Councilmembers Stout and Bartlemay casting the negative votes, to deny the request for a Specific Use Permit for a fueling station The motion carred. 16. Consider an Appointment to Place No. 4 of the Keep Allen Beautiful Board. MOTION: Upon the recommendation of Councilmember Stout and Councilmember Obermeyer, the Council voted six (6) for and none (0) opposed to approve the Nominating Committee's ALLEN CITY COUNCIL REGULAR MEETING APRIL 22, 2003 Other Business PAGE 6 recommendation of Jeannie Haines to complete the unexpired term in Place No 4 of the Keep Allen Beautiful Board and set a term expiration date of September 30, 2004. The motion carried. 17. Calendar. • April 26 — Great American Trash Off/8:00 a.m. to 1'00 p.m. • April 29 —Early Voting Ends for May 3rd General Election • May 2 —West Bethanv Road Ribbon Cutting/ 11.30 a.m. • May 3 — Election Day 18. Items of Interest. Executive Session The Executive Session was not held. 19. Reconvene and Consider Action on Items Discussed during Executive Session. Auwurn MOTION: Upon a motion made by Counmlmember Stout and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9:02 p.m. on Tuesday, April 22, 2003. The motion tamed. These minutes approved on the 13th day of May, 2003. APPROVED: �� flv Stephen Terrell, MAYOR ATTEST: Shelley B. George, MC, CITY SEC Y C