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Home My WebLink AboutMin - City Council - 2007 - 09/25 - RegularC Film r Dleer 1619414111 cc$] l9 REGULAR MEETING SEPTEMBER 25, 2007 Present Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Mark Pacheco Robin L Sedlacek 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 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 6:12 p.m. on Tuesday, September 25, 2007, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included • Introduction of Ben Ferguson, Chair of the Parks and Recreation Board • Briefing and Discussion Regarding a Request for a Variance for Douglass Distributing Shell/7-11, Located at 301 S. Central Expressway, to Allow for a Monument Sign • Briefing and Discussion on Development of Neighborhood Revitalization Efforts • Discussion Regarding Nominating a Candidate for Election to the Board of Directors for the Central Appraisal District of Collin County With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:51 p.m. on Tuesday, September 25, 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*02 p.m. on Tuesday, September 25, 2007, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Allegiance Public Recoenition ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2007 PAGE 2 1. 1. Citizens' Comments. George Truitt, 600 Freestone Drive, Allen, Texas, spoke regarding the City's Alarm program. Keith McCain, 428 Deer Brooke, Allen, Texas, expressed support for Agenda Item 5. 2. Briefing by Tom Keener, Cultural Arts Coordinator, Regarding the 40th Anniversary of the Allen Public Library. 3. Ben Ferguson, Chair, Presented the Parks and Recreation Board's Annual Report to the City Council. Consent Aeenda Mayor Terrell removed Agenda Item 15 from the consent agenda. MOTION: Upon a motion made by Counctlmember Obermeyer and a second by Councilmember McGregor, Council voted seven (7) for and none (0) opposed to adopt all remaining items on the consent agenda as follows 4. Approve Minutes of the September 11, 2007, Regular Meeting. 5. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, Motor Vehicles and Traffic Establishing the Maximum Prima Facie Speed Limit to 25 M.P.H. on Arrowhead Drive, Deer Brooke Drive, Fox Trail, Long Cove Court, Notre Dame Road, Shady Valley Drive, Wagon Wheel Drive, and Wood Creek Lane. ORDINANCE NO. 2658-9-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING THE TABLE IN CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION OF VEHICLES,- DIVISION 2, "SPEED REGULATIONS," SECTION 9-135(a), TO AMEND THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR ARROWHEAD DRIVE, DEER BROOKE DRIVE, FOX TRAIL, LONG COVE COURT, NOTRE DAME ROAD, SHADY VALLEY DRIVE, WAGON WHEEL DRIVE, AND WOOD CREEK LANE WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE, AND PROVIDING FOR AN EFFECTIVE DATE. 6. Adopt a Resolution Authorizing the Issuance of Allen Community Development Corporation Sales Tax Revenue Refunding Bonds, Series 2007A. RESOLUTION NO. 2659-9-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, RELATING TO THE "ALLEN COMMUNITY DEVELOPMENT CORPORATION SALES TAX REVENUE REFUNDING BONDS, SERIES 2007A", APPROVING THE RESOLUTION OF THE CORPORATION AUTHORIZING THE ISSUANCE OF SUCH BONDS; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2007 PAGE 7. Adopt a Resolution Approving an Interlocal Cooperation Agreement with Collin County to Permit the Use of Certain Space within the Allen Municipal Court/Parks & Recreation Building at 301 Century Parkway for Justice of the Peace Precinct 3 Proceedings Conducted by a Justice of the Peace and Other Collin County Elected Officials. RESOLUTION NO. 2660-9-07(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 AND COLLIN COUNTY, TEXAS, TO PERMIT THE USE OF CERTAIN SPACE WITHIN THE ALLEN MUNICIPAL COURT/PARKS & RECREATION BUILDING AT 301 CENTURY PARKWAY, ALLEN, TEXAS, FOR JUSTICE OF THE PEACE PROCEEDINGS CONDUCTED BY A JUSTICE OF THE PEACE AND OTHER COLLIN COUNTY ELECTED OFFICIALS, AUTHORIZING EXECUTION OF THE INTERLOCAL COOPERATION AGREEMENT BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. S. Adopt a Resolution Nominating a Candidate for Election to the Board of Directors for the Central Appraisal District of Collin County and Cast 106 Votes for Said Candidate. RESOLUTION NO. 2661-9-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PLACING IN NOMINATION THE NAME OF GARY RODENBAUGH FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY; CASTING BALLOTS FOR THE BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN ACCORDANCE WITH SECTION 6.03(g) OF THE STATE PROPERTY TAX CODE; DIRECTING THE CITY SECRETARY TO NOTIFY INTERESTED PARTIES OF SAID ACTION; AND PROVIDING AN EFFECTIVE DATE. Adopt a Resolution Designating The 411en American as the Official Newspaper of the City of Allen. RESOLUTION NO. 2662-9-07(Rl: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE ALLEN AMERICAN THE OFFICIAL NEWSPAPER OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR FISCAL YEAR 2007-2008, AUTHORIZING THE CITY MANAGER TO CONTRACT WITH THE ALLEN AMERICAN; AND PROVIDING AN EFFECTIVE DATE 10. Set Saturday, January, 19, 2008, as the Date for the City Council Strategic Planning Session. 11. Approve a Project Management and Funding Agreement with the Allen Economic Development Corporation Regarding the Event Center Project. 12. Approve a Project Management and Funding Agreement with the Allen Community Development Corporation Regarding the Event Center Project. 13. Authorize the City Manager to Negotiate and Execute on Behalf of the City Such Purchase and 1 Sale Agreements, Restriction Agreements and any Related Instruments for the Exchange of the 19.5f Acre Tract Owned by the City of Allen for the 23t Acre Tract the Allen Economic Development Corporation (AEDC) Acquired from the Leach Family Partnership LP. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2007 PAGE 14. Authorize the City Manager to Approve the Purchase, Delivery, and Installation of Fitness Equipment at the Don Rodenbaugh Natatorium and the Joe Farmer Recreation Center Through the Authorized State of Texas Multiple Award Schedule (TXMAS) Contractors: Cybex International in the Amount of $122,232.28; FitLinxx in the Amount of $24,011.56; Life Fitness in the Amount of $52,104.92; and Iron Grip in the Amount of $15,519 for a Total Amount of $213,867.76. 16. Authorize the City Manager to Execute a Two -Year Contract for Concrete Repair with Estrada Concrete (Primary) with an Estimated Annual Expenditure of $199,715 and Jim Bowman Construction Co., L.P. (Alternate) with an Estimated Annual Expenditure of $233,200, both with Three One -Year Options to Renew Under the Same Contract Terms and Conditions. 17. Authorize the City Manager to Approve the Buyout of the Existing Lease and to Execute a Contract for a Forty -Eight Month Lease of 105 Electric Powered Golf Carts for Chase Oaks Golf Course for an Annual Amount of $83,928.60 and a Total Amount Not to Exceed $335,714.40. 18. Motion to Maintain the Current Impact Fee Schedule. 19. Receive the CIP (Capital Improvement Program) Status Report. 20. Receive the Summary of Property Tax Collections as of August 2007. The motion carried. Councilmember Pacheco filed an Affidavit of Conflict of Interest form with the City Secretary for Agenda Item 15. He stepped down from the Council bench. 15. Authorize the City Manager to Execute a Facilities Agreement with DBSI 121/Alma Land L.P., and DBSI Ridgeview Road LLC for the Design and Construction of a Portion of Ridgeview Drive and Associated Infrastructure, as it Relates to Property Owned by DBSI, MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Caplinger, the Council voted six (6) for, none (0) opposed and one (I) abstaining with Councilmember Pacheco abstaining, to authorize the City Manager to execute a facilities agreement with DBSI 121/Alma Land LY, and DBSI Ridgeview Road LLC, for the design and construction of a portion of Ridgeview Drive and associated infrastructure, as it relates to property owned by DBSI. The motion carried. Councilmember Pacheco took his seat at the Council bench. 21. Adopt an Ordinance Granting a Zoning Amendment to PD Planned Development No. 96 to Grant a Change of Zoning for the Areas Described as Subdistricts A, B and C and to Amend the Development Regulations for a Mixture of Uses including R-5 Residential, TH Townhome, and LR Local Retail for Connemara Crossing as Set Forth in the Ordinance. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2007 PAGE 5 MOTION: Upon a motion by Councilmember Caplinger and a second by Mayor Pro Tem Stout, the Council voted seven (7) for and none (0) to remove this item from the table. The motion carried. Mr. Smith briefed the Council on case law regarding the supennajority vote requirement With the public hearing being closed on September 11, 2007, Mayor Terrell invited anyone wishing to speak for or against the revised concept plan to do so at this time. Amy Monier, proponent, stated that she had met with homeowners on Sunday, September 23, and had reached a compromise with a majority of the residents to attendance to support the revised concept plan adding patio homes. The following individuals spoke in support of the revised concept plan. Richard Brewer, 414 Irvine Drive, Allen, Texas David Egan, 1231 Irvine Drive, Allen, Texas The following individuals spoke but did not express support or opposition to the revised concept plan: Robert Oake, 1218 Philip Drive, Allen, Texas Pete March, 1201 Sonoma Drive, Allen, Texas ORDINANCE NO. 2663-9-07: 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 BY GRANTING AN AMENDMENT TO `PD" PLANNED DEVELOPMENT NO. 96, ORDINANCE NO. 2353-12-04, AS HERETOFORE AMENDED, TO AMEND THE DEVELOPMENT STANDARDS, ATTACHED AS EXHIBIT `B," PROVIDING A CONCEPT PLAN, ATTACHED AS EXHIBIT "C;' AND PROVIDING A PARKING PLAN, ATTACHED AS EXHIBIT "D," FOR `R-5" SINGLE-FAMILY RESIDENTIAL DISTRICT, "TH" TOWNHOME RESIDENTIAL DISTRICT, AND "LR" LOCAL RETAIL DISTRICT FOR CONNEMARA CROSSING BEING 18.59+ ACRES SITUATED IN THE DAVID H NIX SURVEY, ABSTRACT NO. 543; LOCATED NORTHEAST OF BETHANY DRIVE AND ALMA DRIVE, 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. The revised Concept Plan was not considered by the City Council MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Caplinger, the Council voted four (4) for and three (3) opposed with Councilmember Obermeyeq Councilmember Pacheco and Councilmember McGregor casting the negative votes, to adopt Ordinance No 2663-9-07, as previously captioned, granting a zoning amendment to PD Planned Development No 96 to grant a change in zoning for the areas described as Subdistricts A, B and C, and to amend the development regulations for a mixture of uses including R-5 Residential, TH Townhome, and LR Local Retail for Connemara Crossing as set forth in the ordinance with the stipulation that the building elevations be reviewed and approved by the City Council before the issuance of building permits for any townhome. The motion carried ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2007 PAGE 22. Approve an Economic Development Agreement with The Village at Allen L.P. for the Development of the Village Retail Shopping Area, an Upscale Full -Service Hotel, Office Facilities and the City of Allen Event Center Project, which will be a Multi -Purpose Arena Capable of Hosting Sporting, Civic, and Entertainment Events. MOTION: Upon a motion by Councilmember Pacheco and a second by Mayor Pro Tem Stout, the Council voted seven (7) for and none (0) against to approve an Economic Development Agreement with The Village at Allen, L.P for the development of The Village retail shopping area, an upscale full-service hotel, office facilities and the City of Allen Event Center Project, which will be a multi-purpose arena capable of hosting sporting, civic, and entertainment events. The motion carried. 23. Motion to Confirm City Council Appointments to the Finance/Audit Committee for Fiscal Year 2008 as Recommended by Mayor Terrell. MOTION: Upon a motion by Councilmember McGregor and a second by Councilmember Caplinger, the Council voted seven (7) for and none (0) against to appoint Councilmember McGregor and Councilmember Caplinger to the Finance/Audit Committee for Fiscal Year 2008 as recommended by Mayor Terrell. The motion carried. Other Business 25. Calendar. • October—The Allen Public Library will be celebrating its 40'h anniversary with 40 special events during the Month of October • October 2 — National Night Out 26. Items of Interest. The Council recessed the regular meeting at 8:29 p.m. In accordance with the Texas Government Code, the Allen City Council reconvened into Executive Session at 8:35 p.m. on Tuesday, September 25, 2007, 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 Discuss Appointments to the Following: • Board of Adjustment • Planning and Zoning Commission • Community Development Corporation • Economic Development Corporation • Arts of Collin County Commission The Executive Session adjourned at 903 p.m. on Tuesday, September 25, 2007 27. Reconvene and Consider Action on Items Discussed during Executive Session. I ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2007 PAGE 7 The Allen City Council reconvened into Regular Meeting at 9:04 p.m. on Tuesday, September 25, 2007 The following action was taken on Agenda Item 24: 24. Motion to Consider Appointments to Fill Expiring Terms and Vacancies on All City Boards, Commissions, and Corporations. Councilmember Sedlacek presented the nominations: Animal Shelter Advisory Committee Expiration Date Place No. 1 Dr. Alan Coffman September 30, 2009 Place No. 3 Vikki Francis September 30, 2009 Place No. 5 Lon Braselton September 30, 2009 Board of Adlustment/Buddina & Standards Com./Sian Board Expiration Date Place No. 1 Gene Autrey September 30, 2009 Place No. 3 Sally Leeper September 30, 2009 Place No. 5 Griffith Moore September 30, 2009 AIL Place No. 3 Hugh Brown September 30, 2009 Central Business District Desien Review Committee Excitation Date Place No. 1 Paula Ross September 30, 2009 Community Develooment Comoration Expiration Date Place No. 1 W Lee Howard September 30, 2009 Place No. 3 Lonnie Simmons September 30, 2009 Place No. 5 Richard Kessler September 30, 2009 Keeu Allen Beautiful Estimation Date Place No. 1 Patricia Buckley September 30, 2009 Place No. 2 Trent Armstrong September 30, 2008 Place No. 3 Stacy Gonzales September 30, 2009 Place No. 5 Beverly Pruitt September 30, 2009 Place No. 7 Dan Jenkins September 30, 2009 Library Board Expiration Date Place No. 1 Julia Elina September 30, 2009 Place No. 3 Donald Wing September 30, 2009 Place No. 5 Susan McDaniel September 30, 2009 Place No. 7 Mary Jane Hamilton September 30, 2009 Parks and Recreation Board Expiration Date Place No. l Ben Ferguson September 30, 2009 Place No. 3 Tricia Losavio September 30, 2009 Place No. 5 Cheryl Lawson September 30, 2009 Place No 7 Gary Alan Moore September 30, 2009 Planning and and ZoningCommission Expiration Date Place No 1 Alan Grimes September 30, 2009 ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 25, 2007 PAGE MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to accept the nominations presented by the Council Nominating Committee and that the slate of individuals previously nominated be appointed by acclamation to the designated places on the Allen Animal Shelter Advisory Committee, Board of AdjustmentBuilding and Standards Commission/Sign Control Board, Central Business District Design Review Committee, Allen Community Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and Recreation Board, Planning and Zoning Commission, and Public Art Committee, respectively The motion carried. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 9:07 p in. on Tuesday, September 25, 2007 The motion carried. These minutes approved on the 9' day of October, 2007 ATTEST: Shelley B. Geo TRM RETARY I APPROVED: Stephen Terrell, MAYOR Place No. 3 Marcelle Jones September 30, 2009 Place No. 5 Shirley Mangrum September 30, 2009 Place No. 7 Douglas Dreggors September 30, 2009 Public Art Committee Expiration Date Place No. 1 Emile Cannere September 30, 2009 Place No. 3 Ann Carroll September 30, 2009 Place No. 5 Brad Greene September 30, 2009 Place No. 7 Denise Gilbert September 30, 2009 MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to accept the nominations presented by the Council Nominating Committee and that the slate of individuals previously nominated be appointed by acclamation to the designated places on the Allen Animal Shelter Advisory Committee, Board of AdjustmentBuilding and Standards Commission/Sign Control Board, Central Business District Design Review Committee, Allen Community Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and Recreation Board, Planning and Zoning Commission, and Public Art Committee, respectively The motion carried. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 9:07 p in. on Tuesday, September 25, 2007 The motion carried. These minutes approved on the 9' day of October, 2007 ATTEST: Shelley B. Geo TRM RETARY I APPROVED: Stephen Terrell, MAYOR