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Home My WebLink AboutMin - City Council - 2004 - 06/08 - RegularL ALLEN CITY COUNCIL REGULAR MEETING JUNE 8, 2004 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Falk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor City 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 7.12 p.m. on Tuesday, June 8, 2004, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed to the preceding workshop included: Briefing Regarding the Amendments to the Allen Lund Development Code David Hoover, Director of Planning and Development Pledee of Alleeiance Administer Oaths -of -Office and Present Certificates -of -Election to Reelected Councilmembers Susan Bartlemay and Jeff McGregor. Election of Mayor Pro Tem. MOTION: Upon a motion made by Councilmember McGregor and a second by Councdmember Obermeyer, the Council voted seven (7) for and none opposed that nominations cease and that Kenneth Fulk be elected by acclamation to the designated place of Mayor Pro 'rem on the Allen City Council. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JUNE 8, 2004 PAGE 2 3. Confirm City Council Appointments to the Various Nominating Committees for the Appointment of Boards and Commissions for FY 2004-05. No action was taken on this item Public Recoenition 4. Citizens'Comments. Charisse Reaume, Executive Director for the Allen Economic Development Corporation introduced Dan Bowman, Economic Analyst. Angela Benet Inge, 815 Redbud Drive, Allen, Texas, spoke in opposition to Agenda Item 9. Robert Butler, 1607 Woodstream Lane, Allen, Texas, spoke in favor of Agenda Item 9 5. Presentation of a Shining Star Award to Brendin Hart for Rescuing Five Year Old McKay Brown from Drowning at Lake Lavon. MOTION: Upon a motion made by Councdmember Obermeyer and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as follows: 6. Approve Minutes of the May 25, 2004, Regular Meeting. 7. Authorize Execution of a Real Estate Sales Contract for the Right -of -Way for the East Main Street Widening Project with Manjusree and Susim Mitra for an Amount of $3,647 plus Closing Costs. Council authorized the City Manager to execute the real estate sales contract for right-of-way for the East Main Street Widening Project with Manjusree and Susim Mitra for an amount of $3,647 plus closing costs. 8. Authorize Execution of a Purchase of One 75 -foot Pierce Aerial Apparatus and One 1500 GPM Pumper for the Fire Department through the Houston -Galveston Area Council of Governments Contractor, Martin Apparatus, Inc., for an Amount not to exceed $913,982. Council authorized the City Manager to purchase one 75 -foot Pierce Aerial Apparatus and one 1500 GPM Pumper for the Fire Department through the Houston -Galveston Area Council of Governments' contractor, Martin Apparatus, Inc., for an amount not to exceed $913,982. The motion carried I ALLEN CITY COUNCIL REGULAR MEETING JUNE 8, 2004 PAGE 9. TABLED ITEM: Adopt an Ordinance Granting a Change in Zoning by Authorizing an Amendment to Tracts 5, 6, and 7 of Planned Development No. 65, being 41± Acres, from SC Shopping Center and R5 Residential to move the SC Shopping Center to the Northern Portion of the Tract and to add TH Townhome Zoning to the Southern Portion on Property Located South of Shelley Drive and West of FM 2551. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to remove this item from the table. The motion carried. ORDINANCE NO. 2292-6-04: 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 PLANNED DEVELOPMENT 65, TRACTS 5, 6, AND 7, TO TRACT A-15.866± ACRES FOR TH-TOWNHOME DISTRICT; AND TRACT B-25.6651 ACRES FOR SC -SHOPPING CENTER DISTRICT, BEING 41.465± ACRES IN THE D. B. HEARNE SURVEY, ABSTRACT NO. 427, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A CONCEPT PLAN EXHIBIT "B PROVIDING FOR DEVELOPMENT REGULATIONS 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 Councilmember McGregor and a second by Councilmember Bartlemay, the Council voted five (5) for and two (2) opposed with Mayor Pro Tem Fulk and Councilmember Pacheco casting the negative votes, to adopt Ordinance No. 2292-6-04 as previously captioned with an amendment of the elimination of the alley on the southern portion of the TH tract at the property located southwest of Shelley Drive and FM 2551. The motion carried. The Council recessed at 8:51 p.m. The City Council reconvened at 9:11 p in 10. Conduct a Public Hearing Regarding the Annexation of Five Properties Located within the City of Allen's Extraterritorial Jurisdiction (ETJ). Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. The following individuals spoke in opposition to the request* �! Kim Ashmore, 1800 Heatherglen Circle, Allen, Texas, ® Bill Stigliano, 1808 Green Meadow Circle, Allen, Texas, George Richards, 1810 E Stacy Road, Allen, Texas: ALLEN CITY COUNCIL REGULAR MEETING JUNE 8, 2004 PAGE 4 The following individual spoke in favor of the request: Bill Carder, 1806 Armstrong Drive, Allen, Texas. The following individuals did not speak, but wished to record their opposition to the request D. Alan Boyle, Jr., 1618 Mapleleaf Falls Drive, Allen, Texas; Kevin Ann and Lonnie Mullen, 1616 Mapleleaf Falls, Allen, Texas; Rachel Stigliano, 1808 Green Meadow Circle, Allen, Texas; Donna Segars, 1805 Green Meadow Circle, Allen, Texas; Keith and Bobbie Saltzman, 1801 Heather Glen Circle, Allen, Texas; Garry Dillard, 1805 Heather Glen Circle, Allen, Texas; Marianne and Jennifer Smith, 1804 Heather Glen Circle, Allen, Texas; and Kim Ashmore, 1800 Heather Glen Circle, Allen, Texas. The following correspondence was received regarding opposition to this request: • Petition from residents living along Green Meadow Circle; • Letter from Mack Northcutt, 1800 Green Meadow Circle, Allen, Texas, dated June 8, 2004; • Note from Gene Scott, 1804 Green Meadow Circle, Allen, Texas, dated June 5, 2004 and e-mail dated June 8, 2004; and • Note from Davis Family Trust, L. A. Davis, Trustee, dated June 7, 2004. With no one else speaking, Mayor Terrell closed the public hearing. it. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code by Amending: • Article IV, Zoning Regulations — Schedule of Residential Height and Area Regulations to Amend the TH Townhome District Dimensional Regulations; • Amending Article V, Special Zones — Methods of Reducing Flood Losses; • Amending Article VII, Zoning Development Standards — Clarify the Requirements for Light Poles and Fixtures and add Requirements for Prohibited Work Hours; • Amending Article VIII, Subdivision Regulations — Names of Proposed Streets; Thoroughfare Design Standards, and Drainage Requirements; and • Amending Appendix A — Definitions. 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. 2293-6-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY AMENDING ARTICLE IV ZONING REGULATIONS SECTION 4.15.2 SCHEDULE OF RESIDENTIAL HEIGHT AND AREA REGULATIONS TO AMEND THE TH TOWNHOME DISTRICT DIMENSIONAL REGULATIONS, AMENDING ARTICLE V SPECIAL ZONES, SECTION 5.01, METHODS OF REDUCING FLOOD LOSSES, AMENDING ARTICLE VII, ZONING DEVELOPMENT STANDARDS SECTION 7.03 4 TO CLARIFY THE REQUIREMENT FOR LIGHT POLES AND FIXTURES AND 708.4A TO ADD REQUIREMENTS FOR ALLEN CITY COUNCIL REGULAR MEETING JUNE 8, 2004 PAGE 5 PROHIBITED WORK HOURS; AMENDING ARTICLE VIII, SUBDIVISION REGULATIONS, SECTION 8.03 THE NAMES OF PROPOSED STREETS, SECTION 8.05 .2 AND 8.05.3 THOROUGHFARE DESIGN STANDARDS, AND SECTION 8.13 DRAINAGE REQUIREMENTS; AMENDING APPENDIX A DEFINITIONS TO AMEND THE DEFINITION OF MASONRY AND ADD A DEFINITION FOR ULTIMATE 100 -YEAR FLOODPLAIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING 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 FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2293-6-04 as previously captioned with the following amendments: no unit shall be further than 100 feet from a visitor space; Item 8a and 8b of Section 7.03.4. Outdoor Lighting. will be added back to the Ordinance; Construction activity shall be prohibited between the hours of 8:00 p.m. and 7:00 a.m. within 500 feet of existing residential structures, unless otherwise approved by the Chief Building Official. The motion carried 12. Adopt an Ordinance Granting TXU Electric Delivery Company (Formerly Oncor Electric Company) Non -Exclusive Franchise Agreement to Use the Public Rights -of -Way of the City of Allen for the Purpose of Constructing and Operating an Electric Distribution and Transmission System. ORDINANCE NO. 2294-6-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO TXU ELECTRIC DELIVERY COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON- EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS-OF-WAY OF THE CITY OF ALLEN, TEXAS, FOR THE PURPOSES OF CONSTRUCTING AND OPERATING AN ELECTRIC DISTRIBUTION AND TRANSMISSION SYSTEM; SETTING FORTH TERMS AND CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A REPEALING CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. 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 adopt Ordinance No. 2294-6-04 as previously captioned. The motion carried 13. Adopt an Ordinance Granting CoSery Electric Cooperative a Non -Exclusive Franchise Agreement to Use the Public Rights -of -Way of the City of Allen for the Purpose of Constructing and Operating an Electric Distribution System. ORDINANCE NO. 2295-6-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., D/B/A COSERV ELECTRIC, A TEXAS ELECTRIC COOPERATIVE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS-OF-WAY OF THE CITY OF ALLEN, TEXAS FOR THE PURPOSES OF CONSTRUCTING AND OPERATING AN ELECTRIC DISTRIBUTION SYSTEM; SETTING ALLEN CITY COUNCIL REGULAR MEETING NNE S, 2004 PAGE 6 FORTH TERMS AND CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A REPEALING CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. 14. Adopt an Ordinance Granting Grayson -Collin Electric Cooperative (GCEC) a Non -Exclusive Franchise Agreement to Use the Public Rights -of -Way of the City of Allen for the Purpose of Constructing and Operating an Electric Distribution System. ORDINANCE NO. 2296-6-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO GRAYSON-COLLIN ELECTRIC COOPERATIVE, INC., A TEXAS ELECTRIC COOPERATIVE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS- OF-WAY OF THE CITY OF ALLEN, TEXAS FOR THE PURPOSES OF CONSTRUCTING AND OPERATING AN ELECTRIC DISTRIBUTION SYSTEM; SETTING FORTH TERMS AND CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A REPEALING CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Pacheco, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2295- 6-04 and Ordinance No. 2296-6-04 as previously captioned. The motion carried. Other Business. 15. Calendar. • June 14 — Summer Sounds Concert - Hometown Texas/Joe Farmer Recreation Center (JFRC) Amphitheatre/7:00 p.m. • June 21 — Summer Sounds Concert- Hard Night's Day/JFRC Amphitheatre/7:00 p.m. • June 26 — Allen USA Celebration/Celebration Park 16. Items of Interest. Executive Session The Executive Session was not held. 17. Reconvene and Consider Action on Items Discussed during Executive Session. Adjourn 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 10:15 p.m on Tuesda), June 8, 2004 The motion carried. I ALLEN CITY COUNCIL REGULAR MEETING JUNE 8, 2004 These minutes approved on the 22"d day of June, 2004. ATTEST: Shelley B. Georg , RMC, CITY SECRETARY I P APPROVED: Stephen Terrell, MAYO PAGE