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Home My WebLink AboutMin - City Council - 2003 - 10/28 - Regular[j ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 28, 2003 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor Citv Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Peter G Smith, City 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 14 p.m. on Tuesday, October 28, 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' Discussion Regarding Amendments to the Allen Land Development Code Concerning Development Issues with the Central Business District Discussion Regarding Neighborhood Electric Vehicles and Motor Assisted Scooters on the Streets, Highways, Paths, and Alleys Introduction of the Interlocal Agreement and Bylaws for the Arts of Collin County Pledee of Alleeiance Public Recoenition Citizens' Comments. Mr. William Carder, 1806 Armstrong Drive, Allen, Texas, presented a petition signed by residents of Stacy Ridge Estates requesting the Council take action to annex the acreage to the west of Stacy Ridge Estates into the City of Allen and to zone it consistent with the City's Comprehensive Plan. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 28, 2003 PAGE 2. Armistice Memorial Post 2195 will Present City Council the United States Flag that flew over The Moving Wall, the Visiting Replica of the Vietnam Memorial, during its Visit to Allen in May 2003. 3. Administer Oath -of -Office and Certificate -of -Appointment to the Newly Appointed Library Board Member. Library Board Expiration Date Place No. 3 - Donald Wing September 30, 2005 4. Recognition of the Purchasing Division as the Recipient of the Achievement of Excellence in Procurement' Award. 5. Recognition of the Planning and Development Department as the Recipient of the "Certificate of Achievement for Planning Excellence." 6. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Delena Franklin, Court Administrator, and Representatives of the Allen Municipal Court, Proclaiming the Week of November 3-7, 2003, as Allen Municipal Court Week. • Presentation of a Proclamation to Representatives of the Keep Allen Beautiful Board Proclaiming November 8, 2003, as Allen Recycles Day. 7. Presentation by Steve Massey, Director of Community Services, Regarding the Texas Recycles Day Event on November 8, 2003. Consent Aeenda MOTION: Upon a motion made by Councilmember Oberrneyer and a second by Councdmember Stout, the Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as follows. Approve Minutes of the October 14, 2003, Regular Meeting. Adopt an Ordinance Abandoning 337 Square Feet of Public Right -of -Way at the Northwest Corner of Main Street and Allen Drive to the Adjacent Landowner, First Christian Church. ORDINANCE NO. 2230-10-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING PUBLIC RIGHT-OF-WAY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED; PROVIDING FOR THE INDEMNIFICATION OF THE CITY OF ALLEN AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT; AND PROVIDING AN EFFECTIVE DATE. 10. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, "Motor Vehicles and Traffic," Establishing a Speed Limit of 40 m.p.h. on Exchange Parkway from Greenville Avenue (SH 5) to Angel Parkway. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 28, 2003 PAGE ORDINANCE NO. 2231-10-03: 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 EXCHANGE PARKWAY BETWEEN GREENVILLE AVENUE (SH 5) AND ANGEL PARKWAY 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. 11. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, "Motor Vehicles and Traffic," Revising the School Zone for the Lowery Freshman Center. ORDINANCE NO. 2232-10-03: 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 9-137(b), TO AMEND SUBSECTION (1) TO DESIGNATE CERTAIN PORTIONS OF GREENVILLE AVENUE AS A SCHOOL ZONE FOR LOWERY FRESHMAN CENTER WITH A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY-FIVE (25) MILES PER HOUR FOR MOTOR VEHICLES, 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 HUNDRED DOLLARS ($200) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12. Award Bid and Authorize Execution of Contracts with Mutual of Omaha for Basic Life/Accidental Death & Dismemberment (AD&D) and Voluntary Life; Aetna for Voluntary Short -Term Disability (STD) and Long -Term Disability (LTD); Leggette Actuaries, Inc. for Section 125 Flexible Spending Administration; and Workers Assistance Program (WAP) for the Employee Assistance Program; and to Reject the Proposal for the Consolidated Omnibus Budget Reconciliation Act (COBRA) Administration, and Health Insurance Portability and Accountability Act IHIPAA) Administration. Council authorized the City Manager to execute contracts with Mutual of Omaha for Basic Life/Accidental Death & Dismemberment (AD&D) and Voluntary Life; Aema for Voluntary Short - Term Disability (STD) and Long -Term Disability (LTD); Leggette Actuaries, Inc. for Section 125 Flexible Spending admimstrati= and Workers Assistance Program (WAP) for the Employee Assistance Program; and to reject the proposal for the Consolidated Omnibus Budget Reconciliation Act (COBRA) administration, and Health Insurance Portability and Accountability Act (HIPAA) administration 13. Award Bid and Authorize Execution of a Contract with Greater Texas Cabling LLC. for the Construction of PVC Conduit for Several City Facilities in the Amount of $31,065. Council authorized the City Manager to execute a contract to Greater Texas Cabling LLC for the construction of PVC conduit for several City Facilities in the amount of $31,065. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 28, 2003 PAGE 14. Authorize Execution of an Agreement between the City of Allen, the Texas Parks and Recreation Foundation, and the Briar Ridge Investment, Inc. for the Transfer and Exchange of Property Adjacent to West Exchange Parkway. Council authorized the City Manager to execute an agreement with the Texas Parks and Recreation Foundation and Briar Ridge Investment, Inc. for the exchange and transfer of 4.749 acres south of West Exchange Parkway for 5.992 acres located north of the north boundary of the property currently being held by the Texas Parks and Recreation Foundation on behalf of the City of Allen. 15. Authorize Execution of a Real Estate Sales Contract for the Right -of -Way for the East Bethany Drive Widening Project with Prentiss Properties Acquisition Partners, L.P. for an Amount not to Exceed $9,500 Plus Closing Costs. Council authorized the City Manager to execute the real estate sales contract for the right-of-way for the East Bethany Drive Widening Project with Prentiss Properties Acquisition Partners, L P for an amount not to exceed $9,500 plus closing costs 16. Receive the Summary of Property Tax Collections as of September 2003. 17. Receive the CIP (Capital Improvement Program) Status Report. The motion Gamed. Regular Aeenda. 18. CONTINUED PUBLIC HEARING: Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning on 118± Acres of Land from MF -24 Multifamily, R-4 Residential and R-7 Residential to TH-Townhome, R4 Residential, R-5 Residential, R-6 Residential, and R-7 Residential on Property Located East of SH 5 and South of Stacy Road. Mayor Terrell stated the public hearing was still open and asked for anyone speaking either for or against the request to do so. Mr. Don Dillard, 5000 Thanksgiving Tower, Dallas, Texas, representing the Hassie Hunt Trust Fund, spoke in favor of the request. Ms. Ann Grace, 417 Sunrise Drive, Allen, Texas, spoke in opposition to the request. She expressed concern over the impact on the new elementary school Mr. Stephen Puckett, 426 Sunrise Drive, Allen, Texas, spoke in opposition to the request. He expressed concern over current traffic congestion, density of housing, and the increase in traffic. Ms. Cynthia Johnson, 502 Spnng Leaf Court, Allen, Texas, did not speak, but wished her opposition to the request be recorded. Ms. Christine Baker, 1528 Redeemer, Allen, Texas, did not wish to speak, but wished her opposition be recorded. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 28, 2003 PAGES Ms. Bobbi Gilbert, 1515 Redeemer, Allen, Texas, spoke in opposition to the request. She expressed concern over R-7 zoning, expansion of Greenville, and loss of buffer of R-4 zoning with Buckingham Estates, Mr. Tim Starling, 403 Sunrise, Allen, Texas, expressed concern over the effect on his property value Mr. Bret Pedigo, representing Centex Homes, spoke in favor of the request. He responded to concerns made during the public hearing. Mr. Ron Price, 1529 Redeemer, Allen, Texas, spoke in opposition to the request. He expressed concern over lower priced homes, density, traffic, infrastructure, and property values. Mr. Don Dillard asked that if Council could not support the project, that they be allowed to withdraw the zoning request. With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2233-10-03: AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING ON 118.946± ACRES FROM "MF -24" MULTI -FAMILY, 'R-4" SINGLE-FAMILY RESIDENTIAL, AND "R-7" SINGLE-FAMILY RESIDENTIAL TO 'R-5" SINGLE-FAMILY RESIDENTIAL ON 55.400± ACRES, `R -T' SINGLE-FAMILY RESIDENTIAL ON 51.560± ACRES, AND "AO" AGRICULTURE OPEN SPACE ON 11.986± ACRES IN THE J. ROBERTS SURVEY, ABSTRACT NO 777 AND THE HENRY WETSEL SURVEY NO. 1026, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A TRACT MAP IN EXHIBIT 'B" 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 Stout, the Council voted five (5) for and two (2) opposed with Councilmember Obermeyer and Mayor Pro Tem Fulk casting the negative votes, to approve and adopt Ordinance No. 2233-10-03 as previously captioned, with the elimination of the eight lots on the tract map shown in the AO zoning district. The motion carried. 19. Conduct a Public Hearing Regarding the Arts of Collin County Project. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. Mr. Randy Sandifer, 201 E. Main, Allen, Texas, representing the Chamber of Commerce and Allen Philharmonic Symphony, spoke in support of the project The following individuals did not speak, but wished to express their support of the project. Ms. Kathleen Litinas, 306 Cordova Drive, Allen, Texas; Ms. Regina Taylor, 1207 Providence, Allen, Texas; Ms. Ella In Adams, 1419 N. Crossing Drive, Allen, Texas, ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 28, 2003 Mr. Roger Adams, 1419 N. Crossing Drive, Allen, Texas; and Mr. Richie Dodger, 720 S. Greenville Avenue, Allen, Texas. With no one else speaking, Mayor Terrell closed the public hearing. Other Business. 20. Calendar. • November 4 — Election Day • November 5 — Open Meeting/Staff/Arts of Collin County Project/2:00 p.m. • November 8 — Texas Recycles Day in Allen/8:00 a.m. to 1:00 p.m. • November 11 — Open Meeting/During Council Meeting/Arts of Collin County Project • November 27 and 28 — City Facilities Closed in Observance of the Thanksgiving Holiday 21. Items of Interest. Executive Session The Executive Session was not held 22. Reconvene and Consider Action on Items Discussed during Executive Session. Adiourn PAGE 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 adjourn the regular session of the Allen City Council at 9 15 p.m. on Tuesday, October 28, 2003. The motion earned. These minutes approved on the 11 m day of November, 2003. APPROVED: Stephen Terrell, MAYOR ATTEST: — c Shelley B. Georg RMC, CITY S RETARY