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Home My WebLink AboutMin - City Council - 2005 - 11/22 - RegularI ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 22, 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 6:09 p.m. on Tuesday, November 22, 2005, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: • Briefing Regarding the Status of the Montgomery Farm Agreement, TIF (Tax Increment Financing) Reinvestment Zone No. 1, and the TQ' Ordinance • 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 7:00 p.m. on Tuesday, November 22, 2005. 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 7:08 p.m. on Tuesday, November 22, 2005, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Alleeiance Public Recognition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 22, 2005 PAGE 2 2. Presentation of Plaques-of-Appreciation to the Former Members of the Allen Arts Alliance Board. Those present to receive plaques-of-appreciation were: Sandi Acheson Denise Gilbert 2002 —2005 2004 —2005 Patrice Alessandra Kathy Litinas 2002 —2005 2004 —2005 Susan Butler Rod Schwegmann 2002 —2005 2004 —2005 3. Presentation of the Final Schematic Design of the Performing Arts Hall by James Baudoin, Executive Director of the Arts of Collin County Commission, Inc. Consent Aeenda MOTION: Upon a motion made by Councilmember 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: 4. Approve Minutes of the November 8, 2005, Regular Meeting. 5. Adopt a Resolution and Authorize Execution of an Interlocal Cooperation Agreement between the Cities of Allen, Frisco, and Plano Authorizing the Design Development and Funding Services Related to the Arts of Collin County Commission, Inc. Capital Project in the Amount of $705,698 per City. RESOLUTION NO. 2460-11-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING A FUNDING AGREEMENT AMONG THE CITIES OF ALLEN, FRISCO, AND PLANO FOR ADDITIONAL FUNDING IN THE AMOUNT OF $705,698 EACH FOR DESIGN SERVICES FOR A PROPOSED PROJECT PERTAINING TO THE ARTS OF COLLIN COUNTY COMMISSION, INC, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 6. Adopt a Resolution Requesting Atmos Energy Corporation to Show Cause Regarding the Reasonableness of its Existing Natural Gas Distribution Rates within the City of Allen. RESOLUTION NO. 2461-11-01IRI: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ORDERING ATMOS ENERGY, MID-TEX DIVISION, TO SHOW CAUSE REGARDING THE REASONABLENESS OF ITS EXISTING NATURAL ji GAS DISTRIBUTION RATES WITHIN THE CITY; REQUIRING ATMOS ENERGY, MID-TEX DIVISION, TO SUBMIT A RATE PACKAGE BASED ON A RATE YEAR ENDING JUNE 30, 2005; DIRECTING THAT SUCH FILING SHALL BE MADE BY DECEMBER 31, 2005; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 22, 2005 PAGE EXPENSES; REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL, AND PROVIDING FOR AN EFFECTIVE DATE 7. Adopt a Resolution Supporting the Corridors and Continued Evaluation of Financing Alternatives to Fund a Regional Rail Authority. RESOLUTION NO. 2462-11-05(R): A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING THE CORRIDORS AND CONTINUED EVALUATION OF FINANCING ALTERNATIVES TO FUND A REGIONAL RAIL AUTHORITY; AUTHORIZING ITS SUPPORT BY THE MAYOR; AND PROVIDING FOR AN EFFECTIVE DATE. 8. Authorize Execution of Contracts with MetroPCS Texas, LLC, a Delaware Limited Liability Company, for Two Five-year Term Contracts at $20,000 per Year for each Contract with an Option for Five Additional Five-year Terms at $20,000 per Year with a Rate Increase of 3% each Year, for Cellular Antennae to be Placed on the Hillside and Custer Water Towers. Council authorized the City Manager to execute the contracts. 9. Authorize Execution of a Real Estate Sales Contract for Right -of -Way for the SH 5 Widening Project with Atmos Energy Corporation for Parcel 9 for $16,790 plus Closing Costs for Construction of Paving and Utility Improvements. Council authorized the City Manager to execute the contract. 10. Accept the Resignation from Mr. Ronald Wheless and Declare a Vacancy in Place No. 2 of the Keep Allen Beautiful Board. Il. Receive the Summary of Property Tax Collections as of October 2005. The motion carried. Reeular Aeenda 12. TABLED ITEM: 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 Starcreek Development. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to remove this item from the table The motion carried. Although the public hearing was closed at the November 8, 2005, Regular Meeting, Mayor Terrell asked for anyone wishing to speak regarding this item to do so at this time. Tom Murray, 9307 Crystalwood Lane, Richmond, Virginia, spoke on behalf of the Cottonwood Creek Development ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 22, 2005 PAGE ORDINANCE NO. 2463-11-05: 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 AMENDING "PD" PLANNED DEVELOPMENT NO. 92, ORDINANCE NO. 2272-3-04, BY GRANTING A CHANGE OF ZONING FOR TRACT B FROM "AO" AGRICULTURE OPEN SPACE TO `CC" CORRIDOR COMMERCIAL ZONING DISTRICT BEING 88.8701 ACRES IN THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, AND THE GEORGE FITZHUGH SURVEY, ABSTRACT NO. 321, CITY OF ALLEN, COLLIN COUNTY, TEXAS, BEING FURTHER DESCRIBED IN EXHIBIT "A", BY ADOPTING AMENDED DEVELOPMENT REGULATIONS ATTACHED HERETO AS EXHIBIT 'B", PROVIDING FOR A CONCEPT PLAN ATTACHED HERETO 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 Pacheco and a second by Councilmember Obermeyer, the Council voted seven (7) for and none opposed to adopt Ordinance No. 2463-11-05 as previously captioned with the following amendments: Tract B-1, General Item 1. Strike "and/or (hotel with a SUP)" Tract B-1 The following Land Uses will be allowed by a Specific Use Permit Strike "and outdoor" with Amusement, Commercial Strike "Restaurant (Drive-in or through)" Tract B-2, Permitted Land Uses: Strike "Building Materials Sales (Indoor with limited outdoor sales) " The motion carried 13. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit (SUP) No. 99 for a Fueling Station on 11 Acres of Land Located at the Southwest Corner of E. Stacy Road and N. Greenville Avenue. 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. 2464-11-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP BY GRANTING SPECIFIC USE PERMIT NO. 99 TO ALLOW A FUELING STATION SUBJECT TO SPECIAL CONDITIONS FOR 1.8221 ACRES ZONED "SC" SHOPPING CENTER FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B", PROVIDING FOR THE APPROVAL OF THE BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBIT "C", PROVIDING A REPEALING CLAUSE: PROVIDING A SEVERABR,ITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 22, 2005 PAGE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Folk and a second by Councdmember Obermeyer, the Council voted seven (7) for and none opposed to adopt Ordinance No. 2464-11-05 as previously captioned. The motion carried 14. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit (SUP) No. 100 for a Fueling Station on 10± Acres of Land Located North of the Northeast Corner of SH 5 (Greenville Avenue) and E. Exchange Parkway. 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. 2465-11-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP BY GRANTING SPECIFIC USE PERMIT NO. 100 TO ALLOW A FUELING STATION SUBJECT TO SPECIAL CONDITIONS FOR 10.191 ACRES ZONED "SC" SHOPPING CENTER FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY 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 AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember McGregor and a second by Councdmember Pacheco, the Council voted seven (7) for and none opposed to adopt Ordinance No. 2465-11- 05 as previously captioned. The motion carried. 15. Conduct a Public Hearing and Adopt a Resolution Regarding the CDBG (Community Development Block Grant) Program's Consolidated Annual Performance Evaluation and Review (CAPER) and Update on Quality Neighborhoods Initiative. 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. RESOLUTION NO. 2466-11-05(RI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2005 COMPREHENSIVE ANNUAL PERFORMANCE EVALUATION REPORT (CAPER); 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. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 22, 2005 PAGE 6 MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout the Council voted seven (7) for and none opposed to adopt Resolution No 2466 -I1 -05(R) as previously captioned. The motion carried. 16. Consider Making an Appointment to Fill the Unexpired Term in Place No. 2 of the Keep Allen Beautiful Board. MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember McGregor, the Council voted seven (7) for and none opposed that nominations cease and that Lynna Smith be elected by acclamation to complete the unexpired term in Place No. 2 of the Keep Allen Beautiful Board and set a term expiration date of September 30, 2006. The motion carried. 17. Consider Making Appointments to Fill Two Citizen Places on the Design Review Committee for the Central Business District. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout, the Council voted seven (7) for and none opposed to appoint Paula Ross and Steve Meier to the designated citizen places on the Design Review Committee The motion carried. Other Business Eis. Calendar. • November 24-25 — City Offices Closed for Thanksgiving Holiday • December 2 — Annual Holiday Tree Lighting, followed by the Allen Symphony Orchestra Christmas Holiday concert. • December 3 — 10'h Annual Rudolph Run and Kiwanis Pancake Breakfast • December 4 — Annual Holiday Parade/2:00 p.m. • December 9 — Annual Boards Dinner/Hilton Garden Inn/6:30 p.m. 19. Items of Interest. Councilmember Obermeyer announced that his son-in-law, Captain Trace Major, is home enjoying rest and relaxation from his tour of duty in Afghanistan. Councilmember Stout apologized for using her left hand during the pledge but cited her broken right arm. The Executive Session was not held. 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 adjourn the Regular Session of the Allen City Council at 9.02 p.m. on Tuesday, November 22, 2005. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 22, 2005 PAGE 7 IThese minutes approved on the 13th day of December, 2005. FR 06*3A Shelley B. Ge e, TRMC, CI SECRETARY I E APPROVED: Stephen Tfrrell, MAYOR