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Home My WebLink AboutMin - City Council - 2007 - 10/09 - RegularALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 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 (absem) 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 6:16 p.m. on Tuesday, October 9. 2007, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included. • Discussion Regarding the Proposed Alignments for Ridgeview Drive and Chelsea Boulevard • Briefing Regarding Agreements with Global Entertainment Corporation Concerning the Event Center • Committee Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:02 p.m. on Tuesday. October 9, 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 09 p.m. on Tuesday, October 9, 2007, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledge of Alleeiance Public Recognition 1. Citimms'Comments. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2007 PAGE 2. Briefing by Kathy Litirms, Board President, Inviting the Public to Join in the Celebration of the Tenth Season of the Allen Philharmonic Symphony. National Recreation and Park Association 2007 Award Recognition for the Parks and Recreation Department, Allen Arts Alliance and "Art to Go." Present Plaques -of -Appreciation to Former Members of the Various Boards and Commissions. • Dr. Mike Overton, Animal Shelter Advisory Committee, 2003-2007 • Edward McRoy, Board of Adjustment/Building & Standards Commission/Sign Control Board, 1999-2007 • Greg Cavalli, Board of Adjustment/Building & Standards Commission/Sign Control Board, 2005-2007 • Carol Hohmann, Keep Allen Beautiful Board, 2003-2007 • Wendy Gardner, Keep Allen Beautiful Board, 2005-2007 • Vicki Wester, Parks & Recreation Board, 1999-2007 • Steve Shaffer, Planning & Zoning Commission, 2006-2007 • Chrism Krais, Public Art Committee, 2006-2007 • Lesley W Tarda, Public Art Committee, 2006-2007 5. Presentation of a Proclamation by the Office of the Mayor: • Presentation of a Proclamation to Dr. Tony Day and Members of the Allen High School DECA Chapter Proclaiming October 7-13, 2007, as DECA Week. Consent Agenda Councilmember Pacheco removed Agenda Item 6 from the Consent Agenda. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer, Council voted seven (7) for and none (0) to adopt all remaining items on the consent agenda as follows: 7. Adopt an Ordinance Waiving the Interest and Penalties on the Road Assessment for the 11+/ - Acre Tract of Land Located in the 400 and 500 Blocks of Jupiter Road. ORDINANCE NO. 2664-10-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 913-3-89 BY AMENDING SECTION 3, TO AMEND THE TIME AND MANNER FOR THE PAYMENT OF ASSESSMENTS AGAINST PARCEL NUMBER 7, BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; AND PROVIDING THAT TIES ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE. 8. Adopt a Resolution to Suspend Atmos Energy Corporation's Requested Rate Change to Increase Gas Utility Rates in Allen. RESOLUTION NO. 2665-10-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2007 PAGE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES, APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS ENERGY CORP., MID-TEX DIVISION SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS, REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL, AND PROVIDING AN EFFECTIVE DATE. 9. Adopt a Resolution in Support of the November 6, 2007, Collin County Bond Election. RESOLUTION NO. 2666-10-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING THE 2007 BOND PROGRAM ELECTION CALLED BY THE COLLIN COUNTY COMMISSIONER'S COURT FOR NOVEMBER 6,2007; AND PROVIDING AN EFFECTIVE DATE. 10. Adopt a Resolution Authorizing the City Manag-r to Ex"ute an Interlocal Agreement by and between the City of Mesquite, Texas, and the City of Allen for City of Mesquite's use of City of Allen's Supplier Contracts. RESOLUTION NO. 2667-10-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE CITY OF MESQUITE, TEXAS, PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING THE CITY MANAGER, OR DESIGNEE, AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS RELATING TO THE PROGRAM, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE; AND PROVIDING AN EFFECTIVE DATE. 11. Authorize the City Manger to Approve the Purchase, Delivery and Installation of a Camera, Audio System Upgrade and Control System, for Allen City Television through Media Management, for an Amount Not to Exceed $28,546. 12. Authorize the City Manager to Execute a Contract with JRJ Paving, L.P. for the Construction of Improvements Along Hedgcoxe Road, from Alma Drive to Longwood Drive, and Establish the Project Budget. 13. Authorize the City Manager to Execute the Amended and Restated Facilities Agreement for the City of Allen and Hillwood RLD, L.P., to Authorize the Construction of Park Improvements, Reimburse the Developer for Construction Costs at the Time of Final Acceptance of the Improvements, and to Increase the Current Park Improvement Budget from $250,000 to an Amount not to exceed $485,000. 14. Authorize Execution of a Facilities Agreement for Montgomery Boulevard and Watters Branch Creek Bridge with Wretched Land L.P. for the Dedication of Right -of -Way. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2007 PAGE 15. Motion to Authorize the City Manager to Purchase Nineteen New and Replacement Vehicles for Various Departments through the Houston -Galveston Area Council of Government's Contractors: Philpott Motors for an Amount of $300,716.16; Caldwell Chevrolet for an Amount of $30,974; and Dallas Dodge for an Amount of $13,410; for a Total Amount Not to Exceed $345,100.16. The motion carried. Approve Minutes of the September 25, 2007, Regular Meeting. MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to approve the minutes of the September 25, 2007, Regular Meeting with the addition of the following sentence prior to the motion on Agenda Item 21, for clarification purposes, "The submitted concept plan was not accepted for consideration by City Council" The motion carried. Reeular Aeenda 16. Request for a Variance for Douglass Distributing Shell/7-11, Located at 301 S. Central Expressway, to Allow for a Monument Sign in Place of the Existing Pole Sign Located off McDermott Drive in Addition to the Existing Pole Sign Located off US 75 MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to approve the variance request for Douglass Distributing, Shell/7-11, located at 301 S. Central Expressway, to allow the replacement of the existing non -conforming pole sign located off McDermott Drive with a conforming monument sign to be in addition to the existing pole sign located off US 75. The motion carried. 17. Conduct a Public Hearing and Adopt an Ordinance Amending Planned Development No. 73 by Amending the Development Regulations Related to Area Regulations, Permitted Uses, Parking Requirements, Lighting, Sign Regulations, Fences and Walls, and the Concept Plan for The Village at Allen on 181+/- Acres Located at the Southeast Corner of US 75 and Stacy Road. 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 spoke in opposition to the proposed zoning request Doug Galletti, 439 Deer Brooke Drive, Allen, Texas, president, Reid Farm HOA Mark Roberts, 1627 Wood Creek Lane, Allen, Texas Richard Roper, 405 Fox Trail, Allen, Texas David Linacre, 404 Fox Trail, Allen, Texas Kenneth Craig Pruitt, 1601 Wood Creek Lane, Allen, Texas Hugh Bickford, 1613 Wood Creek Lane, Allen, Texas Joel Lunde, 1609 Wood Creek Lane, Allen, Texas Judy Bickford, 1613 Wood Creek Lane, Allen, Texas Karen Freeman, 1627 Wood Creek Lane, Allen, Texas Johnnie Burttschell, 1621 Wood Creek Lane, Allen, Texas Juan Rodriguez, 1623 Wood Creek Lane, Allen, Texas ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2007 PAGE 5 Janice Barton, 1639 Wood Creek Lane, Allen, Texas Nan Riederer, 717 Finch, McKinney, Texas Angela Lunde, 1609 Wood Creek Lane, Allen, Texas James Avery, 1424 Fox Trail, Allen, Texas Matti Patel, 1607 Wood Creek Lane, Allen, Texas Dan Robinson, Long Cove Court, Texas The following individuals did not speak but wished their opposition to the proposed zoning request be recorded, Dan and Richelle Robinson, 429 Long Cove Crum Allen, Texas Randall Wheeland, 1615 Wood Creek Lane, Allen, Texas Minsun Lee, 1615 Wood Creek Lane, Allen, Texas Robert Ragan, 1637 Wood Creek Lane, Allen, Texas Kim Fuquay, 1639 Wood Creek Lane, Allen, Texas Steven Taliaferro, 409 Long Cove Court, Allen, Texas Peggy Linacre, 404 Fox Trail, Allen, Texas Cathy Horn, 1603 Wood Creek Lane, Allen, Texas Glenda Adian, 424 Fox Trail, Allen, Texas Christopher Hom, 1603 Wood Creek Lane, Allen, Texas Jim Scrivener, 1605 Wood Creek Lane, Allen, Texas Christine Scrivener, 1605 Wood Creek Lane, Allen, Texas Joe Shankle, 408 Long Cove Court, Allen, Texas Thomas B. Anderson, 413 Long Cove Court, Allen, Texas Lenora Coder, 437 Shady Valley Drive, Allen, Texas Bob Coder, 437 Shady Valley Drive, Allen, Texas John & Donna Kizlyk, 426 Shady Valley Drive, Allen, Texas Mary Jo Pruitt, 1601 Wood Creek Lane, Allen, Texas Grace Lee, 430 Long Cove Court, Allen, Texas Kevin Macauley, 430 Long Cove Court, Allen, Texas Jerry Graham, 1617 Wood Creek Lane, Allen, Texas Curtis Billingslay, 425 Deer Brooke Drive, Allen, Texas Grace Baldridge, 1625 Wood Creek Lane, Allen Michael Woody, 417 Fox Trail, Allen, Texas Dave Perkins, 409 Deer Brooke Drive, Allen, Texas Ellen Woody 417 Fox Trail, Allen, Texas Hoa La, 434 Shady Valley, Allen, Texas Tom Cmz, 413 Deer Brook Drive, Allen, Texas Jeff Burttschell, 1621 Wood Creek Lane, Allen, Texas Dean & Shawn Doty, 410 Long Cove Court, Allen, Texas Kim McCain, 428 Deer Brooke Drive, Allen, Texas Michael L. Wilk, 407 Shady Valley Drive, Allen, Texas Evelyne Wilk, 407 Shady Valley Drive, Allen, Texas Sheena Payne, 411 Arrowhead, Allen, Texas Allison Hefter. 407 Deer Brooke Drive, AIIen, Texas Aashish Singhvi, 428 Long Cove Court, Allen, Texas James Adian, 424 Fox Trail, Allen, Texas Harold T. Martin, 541 Freestone, Allen, Texas Barkha Raisoni, 428 Long Cove Court, Allen, Texas Devin Harrison, 1635 Wood Creek Lane, Allen, Texas ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2007 PAGE 6 With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2668-10-07: 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. 73, ORDINANCE NO. 2577-11-06, AS HERETOFORE AMENDED, TO AMEND THE DEVELOPMENT REGULATIONS, ATTACHED AS EXHIBIT "B," AND TO PROVIDE A CONCEPT PLAN, ATTACHED AS EXHIBIT "C;' FOR THE VILLAGE AT ALLEN, 181.341f ACRES OUT OF THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, AND THE FC. WILMETH SURVEY, ABSTRACT NO. 999; BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Council encouraged the proponent to continue discussions with the Home Owner's Association regarding elements such as the location of the south parking garage and associated office building, screening walls and berms. MOTION: Upon a motion made w Councilmember McGregor and a second by Councilmember Pacheco, the Council voted six (6) for and one (t) opposed with Mayor Terrell casting the opposing vote, to adopt Ordinance No 2668-10-07, as previously captioned, amending the Development Regulations related to Area Regulations, Permitted Uses, Parking Requirements, Lighting, Sign Regulations, Fences and Walls, and the Concept Plan for The Village at Allen with an amendment that no building permit can be issued for the south parking garage or office building to the south until approval of another concept plan by the City Council after a public hearing which also includes landscaping and berating. The motion carried 18. Conduct a Public Hearing and Adopt a Resolution Providing for the Taxation of Goods -in - Transit as Defined by Tax Code, Section 11.253. Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. With no one speaking, Mayor Terrell closed the public hearing. RESOLUTION NO. 2669-10-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING FOR T14E TAXATION OF GOODS -IN - TRANSIT AS DEFINED BY TAX CODE, SECTION 11.253; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember Caplinger, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2669-10-07(R), as previously captioned, providing for the Taxation of Goods -in -Transit as Defined by Tax Code, Section 11.253. The motion carried. 19. Authorize Execution of a Management Agreement with Global Entertainment Corporation for the Event Center. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2007 PAGE MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to table consideration of this item. The motion carried. 20. Approve the Phase I Project Development Agreement between the City of Allen, Texas and Global Properties I, for the Allen Event Center, for an Amount Not to Exceed $200,000. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed to table consideration of this item. The motion carried. Other Business 21. Calendar. October -40" Celebration of Allen Public Library • October 29 —TRIAD Meeting/Senior Center/6:00 p.m. 22. Items of Interest. Council wished Councilmember Pacheco a belated happy birthday. Council congratulated Robert and Meredith Winningham on the birth of their son. Executive Session The Executive Session was not held. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 10:44 p.m. on Tuesday, October 9, 2007 The motion carried. These minutes approved on the 23r6 day of October, 2007 APPRO D: Stephe erre] , MAYOR ATTEST: 11 Shelley B. Geo , TRMC, CITY S RETARY