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Home My WebLink AboutMin - City Council - 2005 - 11/08 - RegularI Present Stephen Terrell, Mavor Councilmembers: ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 8, 2005 With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:20 p.m. on Tuesday, November 8, 2005, in the Council Conference Room of the Allen Citv Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: • Briefing Regarding Progress of Star Creek Residential and Commercial Development Adjacent to SH 121 and Stacy Road • Briefing Regarding the Construction of SH 121 Main Lanes as a Toll Facility With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:55 p.m on Tuesday, November 8, 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 7:00 p.m on Tuesday, November 8, 2005, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Alleeiance Public Recoenition 1. Citizens' Comments. Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemav 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 6:20 p.m. on Tuesday, November 8, 2005, in the Council Conference Room of the Allen Citv Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: • Briefing Regarding Progress of Star Creek Residential and Commercial Development Adjacent to SH 121 and Stacy Road • Briefing Regarding the Construction of SH 121 Main Lanes as a Toll Facility With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:55 p.m on Tuesday, November 8, 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 7:00 p.m on Tuesday, November 8, 2005, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Alleeiance Public Recoenition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 8, 2005 PAGE 2 E2. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Volunteers Peggie and Lee Melton and Staff Member Jamie Sloan from the American Cancer Society, Proclaiming November 17, 2005, as Great American Smakeout Dav in Allen • Presentation of a Proclamation to the Planning Department Proclaiming November 8, 2005, as World Town Planning Day. • Presentation of a Proclamation to the Planning Department Proclaiming November 16, 2005, as GIS Day. Consent Aeenda MOTION: Upon a motion made by Councilmember Stout 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: 3. Approve Minutes of the October 25, 2005, Regular Meeting. 4. Adopt an Ordinance Approving the Change of Control of the Cable Franchise Agreement from the Comcast Corporation to C -Native Exchange, a Subsidiary of Time Warner Cable. ORDINANCE NO. 2453-11-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING CONDITIONAL APPROVAL OF CONSENT OF THE TRANSFER OF A CABLE FRANCHISE AGREEMENT FROM COMCAST OF TEXAS II, LP TO C -NATIVE EXCHANGE B, LP; PROVIDING FOR THIS ORDINANCE TO BECOME NULL AND VOID IN CERTAIN CIRCUMSTANCES AS SET FORTH HEREIN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 5. Adopt an Ordinance Denying Atmos Energy's Request for a Gas Reliability Infrastructure Program (GRIP) Rate Increase for Gas Utility Investment in 2004. ORDINANCE NO. 2454-11-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP, MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP, MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION; AND PROVIDING AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 8, 2005 PAGE 3 6. Adopt an Ordinance Amending the Code of Ordinances by repealing Article V of Chapter 11, `Parks and Recreation'. to Dissolve the Allen Arts Alliance Board. ORDINANCE NO. 2455-11-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY REPEALING ARTICLE V OF CHAPTER I1 TO DISSOLVE THE ALLEN ARTS ALLIANCE BOARD; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Adopt a Resolution Declaring the City's Intent to Reimburse Project Expenditures, Not to Exceed $410,000, for the Spring Meadows Park Project Paid with Funds on Hand from Proceeds of the Sale of Tax Exempt Obligations. RESOLUTION NO. 2456-11-05tR1: A RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT 8. Adopt a Resolution and Authorize Execution of a Master Interlocal Cooperation Agreement by and Between the City of Cleburne, Texas, and the City of Allen for the City of Cleburne's Use of City of Allen Supplier Contracts. RESOLUTION NO. 2457-11-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ATTACHED INTERLOCAL COOPERATION AGREEMENT BY THE CITY OF ALLEN WITH THE CITY OF CLEBURNE FOR THE PURCHASE OF VARIOUS COMMODITIES, AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. 9. Adopt a Resolution Designating the Director of Finance and the Director of Parks and Recreation as Administrators of the (RM) Mixed Beverage Restaurant Permit with Food and Beverage (FB) and Beverage Cartage (PE) for Chase Oaks Golf Course. RESOLUTION NO. 2458-11-05tR1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE DIRECTOR OF FINANCE AND THE DIRECTOR OF PARKS AND RECREATION AS ADMINISTRATORS OF THE RM MIXED BEVERAGE RESTAURANT PERMIT WITH FOOD AND BEVERAGE (FB) AND BEVERAGE CARTAGE PERMIT (PE) FOR CHASE OAKS GOLF COURSE; AND PROVIDING AN EFFECTIVE DATE. 10. Authorize the Purchase of one Reel and Gang Mower with Related Equipment, one Toro Gang Mower, two Utility Tractors, one Digger, and one Backhoe through the Texas Local Government Statewide Purchasing Cooperative Authorized Vendors— Austin Turf and Tractor, Professional Turf Products, Inc., John Deere Government and National Sales, and Ag - Power, Inc., for the Parks and Recreation Department, for an Amount Not to Exceed $127,504. Council authorized the City Manager to execute the contracts. it. Authorize the Purchase and Delivery of Plan[ Materials for the Senior Center to Southwest Wholesale Nursery Company in the Amount of $26,497 and to Twin Lakes Nursery LTD in the Amount of $3,592, for a Total Amount of 530,089. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 8, 2005 PAGE 4 ECouncil authorized the City Manager to execute the contracts. 12. Authorize Execution of a Contract with Vertical Sport Group LLC for $61,700 to Provide Entertainment for the 2006 Allen USA Celebration. Council authorized the City Manager to execute the contract. 13. Authorize the Execution of Professional Services Contracts with ROWAC, Inc. and James Daniels & Associates for Right -of -Way, Land Appraisal, and Acquisition Services. Council authorized the City Manager to execute the contracts. The motion carried. Reeular Aeenda 14. TABLED ITEM: Adopt an Ordinance Amending the Allen Land Development Code Requiring Attached Garages and Visitor Parking in all Multi -family Developments. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember �r Obermeyeq the Council voted seven (7) for and none (0) opposed to remove this item from the table The motion carried. ORDINANCE NO. 2459-11-05: 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, BY AMENDING SECTION 7.04.1 PARKING REQUIREMENTS FOR ALL MULTI -FAMILY DEVELOPMENTS; 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 Mayor Pro Tem Fulk and a second by Councilmember McGregor, the Council voted seven (7) for and none opposed to adopt Ordinance No. 2459-11-05 as previously captioned, with the revision that the three bedroom apartments will only require two car garages. The motion carried. 15. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning to Amend PD Planned Development No. 92 from Agriculture Open Space to Corridor Commercial and Amend the Development Regulations for Tract B, Being 89t Acres Located South of SH 121 and West of Chelsea Boulevard Known as the Star Creek Development. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. i Tom Murray, 9307 Crystalwood Lane, Richardson, Texas, thanked Mr. Baumgartner for meeting with him to discuss his concerns regarding the flood plain. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 8, 2005 PAGE 5 With no one else speaking, Mayor Terrell closed the public hearing. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Pacheco, the Council voted seven (7) for and none opposed to table this item to the November 22 Council meeting. The motion carried. Other Business 16. Calendar. • November 12 — Grand Re Opening of Chase Oaks Golf Course, 10:00 a.m. • November 24-25 —City Offices Closed for Thanksgiving Holiday • December 2 — Annual Holiday Tree Lighting • December 3 — 10's Annual Rudolph Run and Kiwanis Pancake Breakfast 17. Items of Interest. The Council congratulated the Allen High School Escadrille for placing second at the North Texas Band Championship on November 5. The Council suggested that the Economic Development Corporation Ad Hoc Committee meet to help facilitate the discussion on the Star Creek project, if not resolved by the November 22 Council meeting. Councilmember Obermeyer's son-in-law, Captain Trace Major, is coming home nest week for two weeks before returning to Afghanistan. Executive Session The Executive Session was not held. 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 8:08 p in. on Tuesday, November 8, 2005. The motion carried. These minutes approved on the 22"" day of November, 2005. APPR ED: r Stephed Terrell, MAYOR ATTEST: Shelley B. George, C, CITY SECRETARY