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Home My WebLink AboutMin - City Council - 2007 - 01/23 - RegularI present: Stephen Terrell, Mayor Councilmembers: Susan Bartlemay, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Gary L. Caplinger Jeff McGregor City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete Smith, City Attorney 9 Workshop Session ALLEN CITY COUNCIL REGULAR MEETING JANUARY 23, 2007 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.m. on Tuesday, January 23, 2007, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: • Website Update and Presentation of New Bulletin Board System • Charter and General Obligation Bond Election Updates • Committee Updates from City Council Liaisons o Public Art Committee o Economic Development Corporation o Dallas Regional Mobility Commission With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:00 p.m. on Tuesday, January 23, 2007 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 7.05 p.m, on Tuesday, January 23, 2007, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledee ofAlleeiance Public Reco�oition ALLEN CITY COUNCIL REGULAR MEETING JANUARY 23, 2007 PAGE 2 1 1. Citizens' Comments. Consent Aeenda MOTION: Upon a motion made by Councilmember Stout and a second by Mayor Pro Tem Bardemay, Council voted seven (7) for and none (0) opposed to adopt the consent agenda as follows: Approve Minutes of the January 9, 2007, Regular Meeting. Adopt an Ordinance Amending the City of Allen Drought Contingency Plan Ordinance to Allow Management of Water Use Violations by Non -Single Family Customers as an Administrative Fee Placed on the City Utility Bill. ORDINANCE NO. 2584-1-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES BY AMENDING SECTION 14-16 (12) TO AMEND THE ENFORCEMENT PROCEDURES TO PROVIDE FOR AN ADMINISTRATIVE PENALTY APPLICABLE TO NON - SINGLE FAMILY WATER CUSTOMERS THAT VIOLATE THE DROUGHT CONTINGENCY PLAN; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 4, Authorize Execution of a Professional Engineering Services Contract with BW2 Engineers, Inc. for an Amount not to exceed $38,900 in Connection with the Design of Allen Drive Phase III. 5. Authorize Execution of a Real Estate Sales Contract with Ms. Norma Jo Johnson for an Easement for the Jupiter Road Sanitary Sewer Replacement/Repair Project for an Amount of $27,600 plus Closing Costs, and Amend the Project Budget to $750,000. 6. Authorize the Purchase of a Chevrolet Diesel Commercial Cutaway Chassis and a CUES TV Inspection Van with Related Equipment through the Texas Local Government Statewide Purchasing Cooperative Authorized Vendors, Henna Chevrolet and Renfro Equipment and Supplies, for an Amount not to exceed $139,800. 7. Authorize Execution of an Artist Engagement Agreement with Vertical Sports Group LLC in the Amount of $68,850 for the 2007 Allen USA Celebration to be held on Saturday, June 30, 2007. 8. Receive the CIP (Capital Improvement Program) Status Report. 9. Receive the Summary of Property Tax Collections as of December 2006. The motion carried. Reeular Aeenda 10. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from PD Planned Development No. 54 to "A -O" Agriculture -Open Space on 124± Acres of Land Located between SH 121 and Ridgeview Drive, East and West of the Future Exchange Parkway. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 23, 2007 PAGE 11. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from "A -O" Agriculture -Open Space to PD Planned Development No. 101 for the Arts and an Arts Related Complex for the `Arts of Collin County' on 124f Acres of Land Located between SH 121 and Ridgeview Drive, East and West of the Future Exchange Parkway. Mayor Terrell opened the public hearings for Agenda Items 10 and 11 and asked anyone wishing to speak for or against the items to do so at this time. With no one speaking, Mayor Terrell closed the public hearings. 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 Ordinance No. 2585-1-07, as previously captioned, granting a change in zoning from Planned Development No 54 for Tracts 16-B and 17 for "IT" Industrial Technology District Uses to "A -O" Agriculture -Open Space District, on 124+/- acres of land located between SH 121 and Ridgeview Drive, east and west of the future Exchange Parkway, and to approve Ordinance No. 2586-1-07, as previously captioned, granting a change in zoning from "A -O" Agriculture -Open Space District to PD Planned Development No. 101 for Arts and an Arts Related Complex for the Arts of Collin County, on 124+/- acres of land located between SH 121 and Ridgeview Drive, east and west of the future Exchange Parkway. The motion carried. ORDINANCE NO. 2585-1-07: 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, FROM PLANNED DEVELOPMENT NO. 54, GRANTING A CHANGE IN ZONING FROM `9T" INDUSTRIAL TECHNOLOGY FOR TRACTS 16-B AND 17, TO "A -O" AGRICULTURE -OPEN SPACE DISTRICT FOR 124.374± ACRES OUT OF THE J. J. DRIGGERS SURVEY, ABSTRACT NO. 274, AND THE CHADRICK JACKSON SURVEY, ABSTRACT NO. 489, BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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. ORDINANCE NO. 2586-1-07: 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 "A -O" AGRICULTURE -OPEN SPACE, TO "PD" PLANNED DEVELOPMENT NO. 101 FOR ARTS AND ARTS RELATED USES ON 124.374± ACRES OUT OF TIE J. J. DRIGGERS SURVEY, ABSTRACT NO. 274, AND THE CHADRICK JACKSON SURVEY, ABSTRACT NO. 489, BEING FURTHER DESCRIBED IN EXHIBIT "A,' ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF DEVELOPMENT REGULATIONS, ATTACHED HERETO AS EXHIBIT 'B"; PROVIDING FOR A CONCEPT PLAN, ATTACHED HERETO AS EXHIBIT "C; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 2585-1-07, as previously captioned, granting a change in zoning from Planned Development No 54 for Tracts 16-B and 17 for "IT" Industrial Technology District Uses to "A -O" Agriculture -Open Space District, on 124+/- acres of land located between SH 121 and Ridgeview Drive, east and west of the future Exchange Parkway, and to approve Ordinance No. 2586-1-07, as previously captioned, granting a change in zoning from "A -O" Agriculture -Open Space District to PD Planned Development No. 101 for Arts and an Arts Related Complex for the Arts of Collin County, on 124+/- acres of land located between SH 121 and Ridgeview Drive, east and west of the future Exchange Parkway. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 23, 2007 PAGE 12. Conduct a Public Hearing and Adopt an Ordinance Amending the Zoning of PD Planned Development No. 53 to Allow Day Care Uses on 2± Acres of Land Located at the Northeast Corner of Exchange Parkway and Twin Creeks Drive. Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. The following individuals did not speak, but requested their support of the request be recorded: Lin Sun, Ling Chen, Gwen Egner, Kelli Walston, Teasha Cole, Travis Parker, Mary Kathryn Vaughan, Elaine Reynolds, Robert Tribble, Simona Pinto, Carie Smith, Connie Picou, Cathy Evans, Lisa Haney, Lon Lobo, Nancy Redington, Linda Barwig, Linda DeBoms, Lisa Carrigan, Kathi O. Silver, Kathleen Graves, Kathy Kurtz Kelly Saffell, Kent Green, Lisa Green, Laurilyn Trepanier, Karen M. Eagleson, Karen Hamilton, Robert Hamilton, Julie Nogaj, Jenny Laible, Jennifer Holstead, Janet Galantay, Gretchen Tolnay, Donna Mitchell, Christy Parker, Cyndi Prince, Debbie Zgliczynski, Mindy Lo, Charlene Moffatt The following individual did not speak, but requested his opposition to the request be recorded: Mark J. Pomaro With no one else speaking, the Mayor closed the public hearing. ORDINANCE NO. 2587-I-07: 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. 53, ORDINANCE NO. 1171-5-93, TO ALLOW DAY CARE USES ON 2.828± ACRES OF LAND IN TRACT 2 OF THE MARY STANDIFER SURVEY, ABSTRACT NO. 812, BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN ATTACHED HERETO AS EXHIBIT 'B", PROVIDING FOR A REPEALING CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR 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 (0) opposed to approve Ordinance No. 2587-1-07, as previously captioned, amending the zoning on a portion of Tract 2 of PD Planned Development No. 53 to allow Day Care uses on 2+/- acres of land located at the northeast comer of Exchange Parkway and Twin Creeks Drive. The motion carried. 13. Calendar. February 8 — Atmos Energy McKinney Service Center/Open House February 19, 20 —Collin County Days/Austin 14. Items of Interest. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 23, 2007 PAGE 5 ECouncil recognized Scouts in attendance from Boy Scout Troop 79 and Girl Scout Troop 2069 Executive Session The Executive Session was not held. 15. Reconvene and Consider Action on Items Discussed during Executive Session. Adjourn MOTION: Upon a motion made by Councilmember Stout and a second by Mayor Pro Tem Bartlemay, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7:29 p.m on Tuesday, January 23, 2007 The motion carried. These minutes approved on the 136 day of February, 2007 ATTEST: S�ey B. Geo CITY SEC ARY A APPROVE tephen Ter 11, MAYOR