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Home My WebLink AboutMin - City Council - 2005 - 09/13 - RegularL ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2005 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 Pete 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 6:18 p in. on Tuesday, September 13, 2005, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas Items discussed in the workshop included, • Discussion Regarding Alarm Ordinance Amendments and Contract with a Third Party Provider to Operate and Maintain an Alarm Tracking and Billing System • Discussion Regarding Appointments to Fill Expiring Terms and Vacancies on the Various City Boards, Commissions, and Corporations • Update Regarding the City of Allen's Involvement at the McKinney Shelter for Hurricane Evacuees With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:59 p.m. on Tuesday, September 13, 2005 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, September 13, 2005, in the Council Chambers of the Allen �I City Hall, 305 Century Parkway, Allen, Texas Pledge of Alleeiance ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2005 PAGE 2 IPublic Recammition Citizens' Comments John Owen, Post Commander, and Larry Nordgaard, Adjutant, with Armistice Memorial VFW Post 2195, presented Tim Dentler with a plaque of appreciation for the City of Allen Parks and Recreation's efforts to assist their post. Mr. Chokshi, Kwik Serve, 410 N. Greenville, Allen, Texas, requested his business be granted a waiver with regards to the distance required from schools in order that his application for a beer and wine permit could be approved by the City Secretary. Presentation of Blue Star Flags to the Families of Allen Service Personnel Currently Deployed by the U.S. Armed Forces. Mayor Terrell presented Blue Star Flags to the families of Sergeant Vernon Hickman, Jr., SKI/E-5 Jason Neeley, and lance Corporal Charles Rixey. Presentation of Proclamations by the Office of the Mayor • Presentation of a Proclamation to Representatives of the Local "Daughters of the American Revolution" Chapter, Proclaiming September 17-23, 2005, as Constitution Week. • Presentation of a Proclamation to James Comport of Chili's Grill, Proclaiming September 26, 2005, as Create a Pepper Dar. Consent Aeenda 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 approve and adopt the consent agenda as follows: 4. Approve Minutes of the August 23, 2005, Regular Meeting. 5. Approve Minutes of the August 30, 2005, City Council Joint Workshop with the Allen Economic Development Corporation. 6. Adopt an Ordinance Amending the Allen Land Development Code Allowed Uses, Development Regulations, and Sign Regulations for the Central Business District. ORDINANCE NO. 2433-9-05: 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, BY AMENDING SECTIONS 4 08 19, 4.091, 4.09.2, 4.154. 4 20 4, AND 4 20 5 BY AMENDING THE DEVELOPMENT REGULATIONS AND SCHEDULE OF USES FOR THE CENTRAL BUSINESS DISTRICT, BY i AMENDING ARTICLE VII ZONING DEVELOPMENT STANDARDS BY AMENDING TABLE 723 PERMANENT SIGNS AND DELETING TABLE 724; 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 ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2005 PAGE DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. 7. Adopt a Resolution Renewing and Extending the Policy Statement for Tax Abatement Guidelines for the City of Allen. RESOLUTION NO. 2434-9-05(B): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, RENEWING THE POLICY STATEMENT FOR TAX ABATEMENT GUWELINES; AND PROVIDING AN EFFECTIVE DATE Adopt a Resolution Designating the Position of Animal Control Supervisor and the Person Occupying that Position as the Local Rabies Control Authority. RESOLUTION NO. 2435-9-05(RI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE POSITION OF ANIMAL CONTROL SUPERVISOR AND THE PERSON OCCUPYING THAT POSITION, AS THE LOCAL RABIES CONTROL AUTHORITY FOR THE CITY OF ALLEN IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 826.017 OF THE TEXAS HEALTH AND SAFETY CODE; AND PROVIDING AN EFFECTIVE DATE 9. Authorize the Purchase of a Compact Excavator through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program Authorized Contractor, Lansdowne -Moody Company LP., for an Amount not to exceed 535,17934. Council authorized the City Manager to execute the contract. 10. Authorize the Purchase and Installation of LED Signal Lamps through the Collin County Governmental Purchasers Forum Authorized Contractor, Republic Electric, for an Amount not to exceed $43,000. Council authorized the City Manager to execute the contract. it. Authorize the Execution of a Contract with Golf Systems for the Purchase of Peripheral Devices and Upgrade of Software at Chase Oaks Golf Club, in the Amount of $29,798.38. Council authorized the City Manager to execute the contract. 12. Authorize a Professional Services Contract with Columbia Medical Center of Plano Subsidiary, L.P. d/b/a Medical Center of Plano for the Provision of Continuing Education for the Fire Department. The Contract Shall be for One Year at a Cost of $42,011.64, with Four Additional one-year Extensions. Council authorized the City Manager to execute the contract. 13. Authorize Execution of a Contract for Professional Engineering Services to BW2 Engineers, Inc. for the Engineering and Design Services for Construction of St. Mary Drive, Phase III, for an Amount not to exceed $140,223 and Establish a Project Budget of $1,090,000. Council authorized the City Manager to execute the contract. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2005 PAGE 4 14. Authorize Execution of a Contract between the City of Allen and the City of Dallas for the Purchase of Untreated Water for Irrigation at the Chase Oaks Golf Club. Council authorized the City Manager to execute the contract. 15. Accept Resignation and Declare a Vacancy on the Planning and Zoning Commission, Place No. 4, Effective September 30, 2005. The motion carried. Reeular Aeenda 16. Conduct a Public Hearing on the Proposed Budget for Fiscal Year 2005-2006. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. Raymond Johnson, 740 Fairlawn Street, Allen, Texas, requested clarification on specific line items in the budget. With no one else speaking, Mayor Terrell closed the public hearing. Mayor Terrell announced that the Council would vote on the proposed Budget for Fiscal Year 2005-06 at 7.00 p.m on Tuesday, September 27, 2005, at the Regular Meeting of the City Council. 17. Conduct a Public Hearing on the Proposed Tax Rate for Fiscal Year 2005-2006. 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. MOTION: Upon a motion made by Councilmember Stout and a second by Mayor Pro Tem Folk, the Council voted seven (7) for and none (0) opposed to set the City Council meeting date of September 27, 2005, at 7:00 p.m. at Allen City Hall, 305 Century Parkway, Allen, Texas, to vote on the proposed tax rate for the FY 2005-2006 budget. The motion carried. 18. Conduct a Public Hearing and Adopt an Ordinance Granting a change in Zoning from AO Agriculture -Open Space to PD Planned Development No. 97 for R7 Residential Uses for 32t acres located north of W. McDermott Drive between Lakeview Drive and Custer Road. 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 this item James Andrew St. John, 13 Wooded Lane, Allen, Texas; and Tammy Lee, 9 Wooded Lane, Allen, Texas. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2005 The following individuals did not speak but wished to record their opposition: Janine Rutkoske, 10 Wooded Lane, Allen, Texas; Hal and Irene Moss, I 1 Wooded Lane, Allen, Texas; and Ralph LaRovere, 8 Wooded Lane, Allen, Texas. The following individuals spoke to support of this request: John Roach, 10040 Gaywood Road, Dallas, Texas; and Aaron Dolton, 400 Brazoria Drive, Allen, Texas. With no one else speaking, Mayor Terrell closed the public hearing. PAGE 5 Mayor Terrell announced the Citv Secretary had accepted and verified written opposition from property owners within 200 feet of the zoning request property and the Planning and Development Director confirmed that 27% of the 200 foot protested area was computed. The Council must have a super majority vote in order to approve the zoning request as required by Section 4.06, Changes and Amendments, of the Allen Land Development Code ORDINANCE NO. 2436-9-05: 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. 97 FOR R7 RESIDENTIAL USES, FOR 32.89± ACRES IN THE JESSE GOUGH SURVEY, ABSTRACT NO. 347, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR A CONCEPT PLAN AND LOT TABULATIONS ATTACHED AS EXHIBIT "B"; PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "C'; PROVIDING FOR A CONCEPT OF THE ENTRY FEATURE AS EXHIBIT "D"; PROVIDING FOR A PERIMETER FENCING CONCEPT PLAN AS EXHIBIT "E"t PROVIDING FOR HOME ELEVATIONS AS EXHIBIT "F", 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 Counmlmember Stout and a second by Mayor Pro Tem Fulk, the Council voted seven (7) for and none opposed to adopt Ordinance No. 2436-9-05 as previously captioned, with the following amendments: (I ) deletion of the table on page 6; (2) the addition of a statement providing for 'no window openings on zero lot sides', and (3) addition of a statement providing that 'a trail system will be provided around the lake.' The motion carried. 19. Consider Appointments to Fill Expiring Terms and Vacancies on Various City Boards, Commissions, and Corporations. The Council Advisory, Quasi -Judicial and Corporation Nominating Committees submitted the following individuals as recommended by the Council Nominating Committee to the designated El places on the Allen Animal Shelter Advisory Committee, Allen Arts Alliance, Board of Adjustment, Building and Standards Commission, Allen Community Development Corporation Board, Allen Economic Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and Recreation Board, Planning and Zoning Commission, Sign Control Board, respectively. L 11 u I ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2005 PAGE 6 Animal Shelter Advisory Committee Edward McRoy Expiration Date Place No. 1 Mike Overton September 30, 2007 Place No. 3 V ikki Francis September 30, 2007 Place No. 5 Lon Braselton September 30, 2007 Arts Alliance Wendy Gardner Expiration Date Place No. 1 Sylvia Lynn Moore September 30, 2007 Place No. 3 Rod Schwegmann September 30, 2007 Place No. 5 Susan Butler September 30, 2007 Place No. 7 Sandi Acheson September 30, 2007 Board of Adiustment/Buildine & Standards Commission/Sian Control Expiration Date Place No. I Edward McRoy September 30, 2007 Place No. 3 Steve Shaffer September 30, 2007 Place No. 5 Griffith Moore September 30, 2007 Alternate Place No. 3 Greg Cavalli September 30, 2007 Community Development Corporation Wendy Gardner Expiration Date Place No. I W Lee Howard September 30, 2007 Place No. 3 Lonnie Simmons September 30, 2007 Place No. 5 Richard Kessler September 30, 2007 Place No. 7 Debbie Stout September 30, 2007 Economic Development Corporation Expiration Date Place No. 3 Kurt Kizer September 30, 2008 Keep Allen Beautiful Expiration Date Place No. l Patricia Buckley September 30, 2007 Place No 3 Wendy Gardner September 30, 2007 Place No 5 Carol Hohmann September 30, 2007 Place No. 7 Dan Jenkins September 30, 2007 Library Board Expiration Date Place No. 1 Julia Elina September 30, 2007 Place No. 3 Donald Wing September 30, 2007 Place No. 5 Susan McDaniel September 30, 2007 Place No. 7 Mary Jane Hamilton September 30, 2007 Parks and Recreation Board Expiration Date Place No I Benny Ferguson September 30, 2007 Place No 3 Vicki Wester September 30, 2007 Place No. 5 Cheryl Lawson September 30, 2007 Place No. 7 Gary Alan Moore September 30, 2007 II 0 ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2005 PAGE Planning and Zoning Commission Expiration Date Place No. I Alan Grimes September 30, 2007 Place No 3 Marcelle Jones September 30, 2007 Place No. 4 Jeff Cocking September 30, 2006 Place No. 5 Gary Caplinger September 30, 2007 Place No. 7 Douglas Dreggors September 30, 2007 MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout, the Council voted six (6) for and one (1) opposed with Councilmember Obermeyer casting the negative vote, that nominations cease and that the slate of individuals previously nominated be appointed by acclamation to the designated places on the Allen Animal Shelter Advisory Committee, Allen Arts Alliance, Board of Adjustment, Building and Standards Commission, Allen Community Development Corporation Board, Allen Economic Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and Recreation Board, Planning and Zoning Commission, Sign Control Board, respectively The motion carried. 20. Calendar. • October 6 — TRIAD Meeting 21. Items of Interest. • Mayor Pro Tem Fulk asked the Council for their interest in participating in a Thanksgiving celebration in the Civic Plaza prior to a Council meeting in November. The celebration is being planned by the Allen Ministerial Alliance. The Council expressed interest in participating. • Councilmember McGregor asked that letters be sent to each of the families who had received a Blue Star Flag inviting them to come to a meeting at the end of their loved one's tour so that the returning soldier could be recognized for completion of their seryice. The Executive Session was not held. 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 10:10 p.m. on Tuesday, September 13, 2005. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2005 PAGE 8 These minutes approved on the 27" day of September, 2005 APPROVED: Stephen Terrell, MAYOR ATTEST: Shelley B. Gedrje, TRMC, CITY SECRETARY 0