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Home My WebLink AboutMin - City Council - 2004 - 12/14 - RegularALLEN CITY COUNCIL REGULAR MEETING DECEMBER 14, 2004 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, 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 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 6.21 p.m. on Tuesday, December 14, 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: Introduction of W K. 'Cal' Calvin, Chair of the Library Board Discussion Regarding Proposed Chase Oaks Golf Course Fees Briefing Regarding Tentative Cable Franchise with Grande Communications With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6.54 p.m. on Tuesday, December 14, 2004 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 7.06 p.m. on Tuesday. December 14, 2004, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition A ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 14, 2004 Citizens' Comments. PAGE 2 Council recognized Boy Scouts from Troop Nos. 406, 639, and 708 who were in attendance as part of the requirements for earning the community and citizenship merit badge. 2. W. K. `Cal' Calvin, Chair of the Library Board, will Present the State of the Library Report to the City Council. 3. Presentation of a Proclamation by the Office of the Mayor: • Presentation of a Proclamation to the GIS Division of the Planning and Development Department Proclaiming December 14, 2004, as GIS Dm Consent Agenda Councilmember Obermeyer commented on the award of the construction contract for the Senior Citizen Recreational Facility and announced an expected completion date of December 2005. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Bardemay, the Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as follows 4. Approve Minutes of the November 23, 2004, Regular Meeting. 5, Adopt a Resolution Authorizing an Interlocal/Cooperative Purchasing Agreement between the City of Allen and Dallas County for Dallas County's Use of City of Allen Supplier Contracts. RESOLUTION NO. 2349-12-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY. TEXAS, AUTHORIZING PARTICIPATION IN AN INTERLOCAL/ COOPERATIVE PURCHASING AGREEMENT BETWEEN CITY OF ALLEN AND DALLAS COUNTY FOR DALLAS COUNTY'S USE OF CITY OF ALLEN SUPPLIER CONTRACTS, AND PROVIDING FOR AN EFFECTIVE DATE. Adopt a Resolution Authorizing Execution of an Agreement with the Texas Department of Transportation for the Installation and Reimbursement for the Operation and Maintenance of Traffic Signals along US 75. RESOLUTION NO. 2350-12-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT MADE BY AND THROUGH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR THE INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN THE CITY OF ALLEN. 7. Adopt a Resolution Authorizing an Interlocal Agreement with Collin County Regarding Funds for the Design of West Exchange Parkway from LIS 75 to SH 121. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 14, 2004 PAGE RESOLUTION NO. 2351-12-04(R): 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN, TEXAS, CONCERNING THE DESIGN OF WEST EXCHANGE PARKWAY; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. Authorize Execution of a Professional Engineering Services Contract with Corwin Engineering for an Amount not to exceed $500,240 for Design Services for the Widening of West Exchange Parkway and Establish Project Funding and a Project Budgets. Council authorized the City Manager to execute the contract. Authorize Execution of a Professional Engineering Contract with Birkhoff, Hendricks & Conway, L.L.P. for Engineering and Design Services for Site Improvements to Chase Oaks Golf Course for an Amount not to exceed $57,600. Council authorized the City Manager to execute the contract 10. Authorize Execution of a Contract for Avaya Switch Gear from Source Communications to Upgrade the Phone Switch to Voice over IP (VOIP) for Voice Communications for the New Public Library for an Amount not to exceed $26,479. Council authorized the City Manager to execute the contract. it. Authorize Execution of a Contract with Southwestern Bell Communications for Cisco Routers for Voice and Data Communications between City Hall, the New Public Library, Fire Station No. 2, Fire Station No. 3, the Don Rodenbaugh Natatorium, Animal Control, and the Joe Farmer Recreation Center for an Amount not to exceed $47,875.10. Council authorized the City Manager to execute the contract 12. Authorize the Purchase of a New Cab and Chassis and the Remount of a Type I Generator Powered Ambulance Module through the Houston -Galveston Area Council of Governments' Contractor, Freeway Ford, for an Amount not to exceed $82,600. Council authorized the City Manager to approve the purchase of the cab and chassis and remount of the module. 13. Authorize Execution of a Term Contract for Lease and Maintenance for Seventeen Copiers and Maintenance Services for a Total Estimated Three -Year Expenditure of $219,563.88, Subject to Annual Appropriations by the City Council. Council authorized the City Manager to execute the contract 14. Award Bid and Authorize Execution of a Contract with Constructors & Associates for Construction of the Senior Citizens Recreational Facility in the Amount of $3,964,179 and Amend the Project Budget to $4,750,000. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 14, 2004 PAGE 4 Council authorized the City Manager to execute the contract. 15. Declare a Vacancy for Alternate Place No. 1 for the Board of Adjustment/Building & Standards Commission/Sign Control Board. 16. Receive the Quarterly Investment Report for the Period Ending September 30, 2004. The motion carried. Reeular Agenda 17. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning to Amend PD Planned Development No. 92 by Amending the Development Regulations Regarding Signage, Setbacks, Driveway Locations, and Sidewalks on 5291 Acres Located North of Stacy Road, South of SH 121, between Watters Road and Chelsea Boulevard for the Star Creek/Blue Star Development. 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. 2352-12-04: 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 AMENDING " PD" PLANNED DEVELOPMENT NO. 92, ORDINANCE NO. 2272-3-04, BEING 529.61 ACRES 1N THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, AND THE GEORGE FITZHUGH SURVEY, ABSTRACT NO 321, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; BY AMENDING THE DEVELOPMENT REGULATIONS ATTACHED HERETO AS EXHIBIT "B"; 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 million made by Councilmember Pacheco and a second by Councilmember Stout, the Council voted seven (7) for and none opposed to adopt Ordinance No. 2352-12-04 as previously captioned with the following amendments. I) the decision on the driveways be deferred to staff after completion of the Traffic Impact Analysis; 2) attach the Side -yard Fencing and Landscape Detail and Side -,yard Fencing and Landscape Plan at Alley exhibits: 3) change the allowance for monument signs along Watters Road to allow one primary multi - tenant sign on the eastside of Watters Road and two primary multi -tenant signs on the eastside of Watters Road, and, 4) the last sentence of the ordinance be changed to read "Tree mitigation shall be given for all trees planted in StarCreek regardless of land use." The �motion carried. Council took a short break. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 14, 2004 PAGE 5 18. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from AO Agriculture -Open Space to PD Planned Development No. 96 for AO —Agriculture -Open Space, R4 Residential and R5 Residential Uses on 127± Acres Located South of Bethany Drive and East of Alma Drive for the Montgomery Farm Development. 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. 2353-12-04: 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 DISTRICT TO "PD" — PLANNED DEVELOPMENT FOR AGRICULTURE -OPEN SPACE, "R4" RESIDENTIAL, AND "RS" RESIDENTIAL USES BY ESTABLISHING PLANNED DEVELOPMENT NO. 96 ON 127275± ACRES IN THE DAVID H. NIX SURVEY, ABSTRACT NO. 668, MICHAEL SEE SURVEY, ABSTRACT NO. 543, AND THE T G. KENNEDY SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A CONCEPT PLAN FOR ANGEL FIELD WEST ATTACHED AS EXHIBIT -B," AND THE MONTGOMERY MEWS ATTACHED AS EXHIBIT "C", PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "D", 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 EACII OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obenneyer, the Council voted seven (7) for and none opposed to adopt Ordinance No. 2353-12-04 as previously captioned with an amendment that the use regulations override the lot percentages shown on the concept plans The motion carried. 19. Consider Adopting an Ordinance Increasing the Tax Exemption for Individuals who are Disabled or 65 Years of Age or Older. ORDINANCE NO. 2354-12-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY ADDING SECTION 2-9 TO PROVIDE FOR REVIEW OF 'THE ANNUAL EXEMPTIONS AND BY AMENDING CHAPTER 2, ARTICLE I. SECTIONS 2-7 AND 2-8 TO INCREASE THE ANNUAL EXEMPTION FROM AD VALOREM TAXATION FOR INDIVIDUALS WHO ARE DISABLED OR SIXTY-FIVE (65) YEARS OF AGE OR OLDER, PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem FUIL the Council voted seven (7) for and none opposed to adopt Ordinance No. 2354-12-04 as previously captioned The ntnncn carried MOTION: Upon a motion made by Councilmember 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 Allen Arts Alliance, respectively The motion carried Other Business 21. Calendar. • December 23-24 —Winter Holidays/City Hall Closed • December 31 —New Year's Day Observance/City Hall Closed • January 22 — Council/Staff Strategic Planning Session/Hilton Garden Inn/8 a.m. – 5 p.m. 22. Items of Interest. Council wished Councilmember Bartlemav a happy birthday The regular session recessed at 10:36 p.m. Executive Session In accordance with the Texas Government Code, Legal, Section 5511171, Property, Section 551.072; Personnel, Section 551.074: Staff Presentations, Section 551 073; the Allen City Council convened into Executive Session at 10.38 p.m. on Tuesday, December 14. 2004, in the Council Conference Room, 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 Discuss. Annual Performance Review of City Manager The Executive Session adjourned at 11.50 p.m. on Tuesday, December 14, 2004. 23. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 1 1:50 p.m. on Tuesday, December 14, 2004, in the Council Chambers of the Allen City Hall. The following action was taken on items discussed during Executive Session: ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 14, 2004 PAGE 6 20. Consider Appointments to Fill Expiring Terms and Vacancies on the Arts Alliance Board. The Council Nominating Committee nominated the following individuals to fill expiring terms and vacancies on the Arts Alliance: Arts Alliance Expiration Date Place No. 2 Kathy Litinas September 30, 2006 Place No. 3 Rod Schwegman September 30, 2005 Place No. 4 Denise Gilbert September 30, 2006 Place No. 6 Patrice Alessandra September 30, 2006 MOTION: Upon a motion made by Councilmember 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 Allen Arts Alliance, respectively The motion carried Other Business 21. Calendar. • December 23-24 —Winter Holidays/City Hall Closed • December 31 —New Year's Day Observance/City Hall Closed • January 22 — Council/Staff Strategic Planning Session/Hilton Garden Inn/8 a.m. – 5 p.m. 22. Items of Interest. Council wished Councilmember Bartlemav a happy birthday The regular session recessed at 10:36 p.m. Executive Session In accordance with the Texas Government Code, Legal, Section 5511171, Property, Section 551.072; Personnel, Section 551.074: Staff Presentations, Section 551 073; the Allen City Council convened into Executive Session at 10.38 p.m. on Tuesday, December 14. 2004, in the Council Conference Room, 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 Discuss. Annual Performance Review of City Manager The Executive Session adjourned at 11.50 p.m. on Tuesday, December 14, 2004. 23. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 1 1:50 p.m. on Tuesday, December 14, 2004, in the Council Chambers of the Allen City Hall. The following action was taken on items discussed during Executive Session: ALLEN CITY COUNCIL, REGULAR MEETING DECEMBER 14, 2004 PAGE 7 MOTION: Upon a motion made by Mayor Pro Tem Falk and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to increase the City Manager's base rate of pay by 6% effective January 1, 7005. The motion carred. Adjourn MOTION: Upon a motion made by Councilmember ;tout 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 11 51 p.m. on Tuesday, December 14, 2004 The motion carried. These minutes approved on the 1 P° day of Jammry, 2005. ATTEST: Shelley B. George, C, CITY 611ECRETARY L APPROVED: Stephenterrell, MAYOR