The URL can be used to link to this page

Home My WebLink AboutMin - City Council - 2004 - 09/28 - RegularPresent: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obenneyer (arrived at 6:50 p.m.) Mark Pacheco Susan Bartlemay Jeff McGregor (arrived at 6:55 p.m.) City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Peter G 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 6:16 p.m. on Tuesday, September 28, 2004, in the Council Conference Room of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: • Discussion Regarding the Allen Arts Alliance • Discussion Regarding the 2005 Allen USA Event • Other Items With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:08 p.m. on Tuesday, September 28, 2004. 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 7:13 p.m. on Tuesday, September 28, 2004, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Pledee of Alleeiance Public Recoenition ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 28, 2004 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obenneyer (arrived at 6:50 p.m.) Mark Pacheco Susan Bartlemay Jeff McGregor (arrived at 6:55 p.m.) City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Peter G 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 6:16 p.m. on Tuesday, September 28, 2004, in the Council Conference Room of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: • Discussion Regarding the Allen Arts Alliance • Discussion Regarding the 2005 Allen USA Event • Other Items With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:08 p.m. on Tuesday, September 28, 2004. 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 7:13 p.m. on Tuesday, September 28, 2004, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Pledee of Alleeiance Public Recoenition C ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 28, 2004 1. Citizens'Comments. PAGE Lawrence C. Allen, 544 E. Bethany, Apt. #511, Allen, Texas, requested Council amend the City's noise ordinance to restrict the hours allowed for yard maintenance activities. 2. Administer Oaths -of -Office and Present Certificates -of -Appointment to the Newly Appointed and Reappointed Members of the Various City Boards and Commissions. Allen Animal Shelter Advisory Committee Expiration Date Place No. 2 Joey Allette September 30, 2006 Place No. 4 Bill Ameser September 30, 2006 Community Development Corporation Expiration Date Place No. 2 George Chrisman September 30, 2006 Place No. 4 Lori Stitt September 30, 2006 Place No. 6 Sue Johnson September 30, 2006 Economic Development Com mtion Expiration Date Place No. 4 Maxine Sweet September 30, 2007 Place No. 5 Carl Clemencich September 30, 2007 Keep Allen Beautiful Expiration Date Place No. 2 Ronald Wheless September 30, 2006 Place No. 6 Brian Casstevens September 30, 2006 Library Board Expiration Date Place No. 2 Donna Drews Various September 30, 2006 Place No. 4 Ruth Pringle September 30, 2006 Place No. 6 Jo Long September 30, 2006 Parks and Recreation Board Expiration Date Place No. 2 Mary Fritsche September 30, 2006 Place No. 4 Todd McIntosh September 30, 2006 Place No. 6 Joey Herald September 30, 2006 Health Officer Expiration Date Dr. John Connolly September 30, 2006 3. Update Regarding the Arts of Collin County Commission Presented by David Sterling, Allen Representative, Arts of Collin County Commission. 4. Recognition of the Public Information Office as the Recipient of a First Place Award in the Library Category for "WANTED: Teen Volunteers' and Honorable Mention for "A Short History of Allen" and "Overall Excellence" from the National Association of Telecommunications Officers and Advisors (NATOA). ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 28, 2004 PAGE 3 5. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Craig Gillis, Assistant Chief/Fire Marshal, and Linda Greenidge, Public Education Coordinator, Proclaiming the Week of October 3-9, 2004, as Fire Prevention Week. • Presentation of a Proclamation to Kathy Chamberlain, Utility Collections Supervisor, Nikki Davis, Customer Service Representative, and Jennifer Delano, Customer Service Representative, on Behalf of the Customer Service Representatives for the City of Allen, Proclaiming the Week of October 4-10,2004, as National Customer Service Week. Consent Agenda 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 approve and adopt the consent agenda as follows 6. Approve Minutes of the September 14, 2004, Regular Meeting. 7. Motion to Approve Saturday, January 22, 2005, as the Date for the City Council Strategic Planning Session. 8. Adopt a Resolution Approving the City of Allen Hazard Mitigation Action Plan (HazMAP) Incorporating Both Local and Multi -Jurisdictional Elements Referencing Local and Regional Mitigation Strategies. RESOLUTION NO. 2334-9-04(RI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE CITY OF ALLEN HAZARD MITIGATION ACTION PLAN ATTACHED AS EXHIBIT "A", PROVIDING A SEVERABILITY CLAUSE, PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 9. Adopt a Resolution Approving Amendments to the 2005 Community Development Block Grant (CDBG) Action Plan. RESOLUTION NO. 2335-9-0411): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE 2004-2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN: 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. 10. Award Bid and Authorize Execution of a Contract with McMahon Contracting, L.P. for the Reconstruction of St. Mary Drive from Cedar Drive to Cottonwood Creek for an Amount not to exceed $575,448.71 and Revise the Project Budget to $726,000. Council authorized the City Manager to execute the contract ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 28, 2004 PAGE 4 11. Award Bid and Authorize Execution of a Contract with Holliman, Inc., for the Replacement of the Racquetball Court Wall in the Amount of $37,206.42 and a Contract with Pioneer Products Inc. for the Replacement of the Racquetball Flooring in the Amount of $14,843 at the Joe Farmer Recreation Center. Council authorized the City Manager to execute the contracts. 12. Award Proposal and Authorize Execution of a Contract with Via Partnership, LLP to Prepare the Arts Master Plan for the City of Allen for an Amount not to exceed $42,750. Council authorized the City Manager to execute the contract. 13. Authorize the Issuance of a 12 -Month Extension of a Temporary Use Permit for Two Existing Portable Buildings as Requested by the First United Methodist Church. 14. Receive the Summary of Property Tax Collections as of August 2004. 15. Receive the CIP (Capital Improvement Program) Status Report. The motion carried. Regular Aeenda 16. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from SC Shopping Center to PD Planned Development No. 94 for a Mixed Use Development on 65t Acres of Land Located South and West of the Southwest Corner of SH 121 and US 75. (Betz Property) Mayor Terrell opened the public hearing for both Agenda Items 16 and 17 and asked for anyone speaking either for or against the requests to do so. With no one speaking, Mayor Terrell closed the public hearings. ORDINANCE NO. 2336-9-04: 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 SC SHOPPING CENTER TO PD -PLANNED DEVELOPMENT NO. 94 FOR A MIXED USE DEVELOPMENT, FOR 65.84± ACRES IN THE JONATHAN PHILLIP SURVEY, ABSTRACT NO. 719, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A", 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 Fulk and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2336-9-04 as previously captioned, with the following amendments: I) Cap Townhome and condominium ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 28, 2004 PAGE 5 uses to 20% of total developable land use; 2) attach pictures of the Legacy Park project as design examples; and 3) correct scriveners error on page 8 under `Other Uses' to include upper level residential and upper level office. The motion carried. 17. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from AO Agriculture -Open Space to Planned Development No. 95 for a Mixed Use Development on 25± Acres Located at the Southwest Corner of SH 121 and US 75, (Gourley Property) The public hearing for this item was held in conjunction with the public hearing for Agenda Item 16. ORDINANCE NO. 2337-9-04: 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 "AO" AGRICULTURE/OPEN SPACE TO PD -PLANNED DEVELOPMENT NO. 95 FOR A MIXED USE DEVELOPMENT, FOR 25.669± ACRES IN THE JONATHAN PHILLIP SURVEY, ABSTRACT NO. 719, 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 Councilmember Banlemay and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2337-9-04 as previously captioned, with the following amendments: 1) Cap Townhome and condominium uses to 20% of total developable land use: 2) attach pictures of the Legacy Park project as design examples: and 3) correct scrivener's error on page 8 under 'Other Uses' to include upper level residential and upper level office. The motion carried. 18. Conduct a Public Hearing and Adopt an Ordinance Approving Amendments to the Allen Land Development Code (ALDC) Regarding Landscape Irrigation Design. 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. 2338-9-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY AMENDING ARTICLE VII ZONING DEVELOPMENT STANDARDS SECTION 7.05; AND ARTICLE VIII SUBDIVISION REGULATIONS SECTION 8.12 LANDSCAPE IRRIGATION SYSTEMS TO ENSURE CONSISTENCY IN REQUIREMENTS BETWEEN THE WATER CONSERVATION ORDINANCE AND THE ALLEN LAND DEVELOPMENT CODE: 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. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 28, 2004 PAGE MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Pacheco, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2338- 9-04 as previously captioned. The motion carried. 19. Conduct a Public Hearing and Adopt an Ordinance Approving Amendments to the Allen Land Development Code (ALDC) Related to R4 Residential and R5 Residential Lot Coverage, Utility Easements, and Sign Plan Fees. 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. 2339-9-04: 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, AMENDING ARTICLE VIII SUBDIVISION REGULATIONS, SECTION 8.10 EXTENSIONS OF WATER & WASTEWATER MAINS -UTILITY EASEMENT REQUIREMENTS; AMENDING APPENDIX B FEES AND CHARGES — PUBLIC HEARING SIGN FEE; 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 Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2339-9-04 as previously captioned. The motion carried. Council took a ten minute break at 8:57 p.m. 20. Motion to Approve the Detail Site Plan for the StarCreek Development (Blue Star). The Council took a fifteen minute break at 10:35 p.m to allow for a review of the March 23, 2004, Council minutes MOTION: A motion was made by Councilmember Stout and a second by Councilmember Bartlemay to accept the Detailed Site Plan for the StarCreek Development Upon an amendment to the motion by Councilmember Stout and seconded by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to receive the Detailed Site Plan for the StarCreek Development The motion carried. Mayor Terrell moved to Agenda Item 22. C ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 28, 2004 PAGE 7 Other Business 22. Calendar. • September 28 —4A/4B Training/Texas Economic Development Council/Dallas/8:30 a.m. • October 5 — TRIAD Meeting/Gentry Training Facility/6:00 p.m. • October 27-29—TML (Texas Municipal League) Conference/Corpus Christi 23. Items of Interest. The regular session recessed at 10:52 p.m. Executive Session In accordance with Texas Government Code, Legal, Section 551.071, Property, Section 551.072; Personnel, Section 551 074; Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 10:59 p.m on Tuesday, September 28, 2004, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • Personnel - Pursuant to Section 551.074 of the Texas Government Code to Consider Appointments to Quasi -Judicial City Boards and Commissions— Board of Adjustment/Building & Standards Commission Planning and Zoning Commission The Executive Session adjourned at 11.2.5 p.m. on Tuesday, September 28, 2004. 24. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 11.26 p.m. on Tuesday, September 28, 2004, in the Council Chambers of the Allen City Hall. The following action was taken on items discussed during Executive Session. 21. Consider Appointments to Fill Expiring Terms and Vacancies on Various City Boards and Commissions. Councdmember Obermeyer nominated the following individuals as recommended by the Council Nominating Committee to the designated places on the Planning and Zoning Commission. Planning & Zoning Commission Expiration Date Place No. 2 James Rushing September 30, 2006 Place No. 4 Dation Culbertson September 30, 2006 Place No.6 Robert Wendland September 30, 2006 MOTION: Upon a motion made by Councdmember Obermeyer and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed that nominations cease and that the slate of individuals previously nominated be appointed by acclamation to the designated places on the Planning and Zoning Commission The motion carried ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 28, 2004 11 PAGE 8 MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11.26 p m. on Tuesday, September 28, 2004. The motion carried. These minutes approved on the 12" day of October 2004. ATTEST: Shelley B. George, TkMC, CITY SECR TARY 1 C APPROVED: 44P--= Step en Terrell, MAYOR