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Home My WebLink AboutMin - City Council - 2010 - 11/23 - RegularALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 23, 2010 Present: Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer (absent) Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor City Stat£: Peter H Vargas, City Manager Shelley B. George, City Secretary Pete Smith. City Attorney Workshop Session With a quomm of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:17 p.m on Tuesday, November 23, 2010, in the Council Conference Room of the Allen City Hall. 305 Century Parkway, Allen, Texas. • Briefing regarding proposed amendments to the Allen Land Development Code • Committee Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:54 p.m on Tuesday, November 23, 2010. 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 7:04 p.m. on Tuesday, November 23, 2010, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition t; 1. Citizens' Comments. 1 2. Mayor Terrell will join with Sergeant Carl Ungurait of The Salvation Army to Officially Kickoff the 2010 Red Kettle Season. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 23, 2010 PAGE 2 3. Present Plaques -of -Appreciation to Former Members of the Various Boards and Commissions. • Lori Stitt, Allen Community Development Corporation, 2000-2010 • Maxine Sweet, Allen Economic Development Corporation, 2002-2010 4. Presentation of Annual Report by Vikki Francis, Animal Control Supervisor and Secretary of the Animal Shelter Advisory Committee. 5. Recognition of Dr. Alan Coffman, Board Member of the Allen Animal Shelter Advisory Committee, as Recipient of the W.R. Bilderback Award, Veterinarian of the Year Award. This item was moved to a future Council agenda. Consent Aeenda Councdmember McGregor removed the following agenda item from the Consent Agenda: 10. Adopt an Ordinance Amending the Speed Limit Zone Boundaries Along Exchange Parkway from 400 Feet East of Alma Drive to 400 Feet East of Greenville Avenue and Lowering the Speed Limit from 45 MPH to 40 MPH. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the �j Council voted six (6) for and none (0) opposed to adopt the remaining items on the Consent ® Agenda as follows: 6. Approve Minutes of the November 9, 2010, Regular Meeting. 7. Approve Minutes of the November 1, 2010, Triad Meeting. 8. Approve Minutes of the November 16, 2010, Special Called Meeting. 9. Motion to Cancel the December 28, 2010, City Council Meeting. 11. Adopt a Resolution Determining the Necessity for Acquisition of Land for the Construction of the Starcreek Hike and Bike Trail, and Authorize the City Manager and City Attorney to File Proceedings in Eminent Domain to Acquire Such Property, if Necessary. RESOLUTION NO. 2966-11-1O(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN. COLLIN COUNTY. TEXAS. DETERMINING THE NECESSITY FOR THE ACQUISITION OF REAL PROPERTY, AND ALL ATTACHED IMPROVEMENTS FOR THE EXTENSION OF STARCREEK HIKE AND BIKE TRAIL AS DESCRIBED IN THE EXHIBITS ATTACHED HERETO, WITHIN THE CITY OF ALLEN. COLLIN COUNTY. TEXAS, AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE PROPERTY RATIFYING PRIOR ACTS, AND PROVIDING FOR AN EFFECTIVE DATE. 12. Adopt a Resolution Confirming the Action of the Arts of Collin County Commission to Dedicate and Convey 19.51+ Acres for the Construction and Maintenance of a Hike and Bike Trail that will Serve as Part of the Six Cities Trail System. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 23, 2010 PAGE 3 RESOLUTION NO. 2967.11-10(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY TEXAS, CONFIRMING THE ACTION OF THE ARTS OF COLLIN COUNTY COMMISSION, INC. TO DEDICATE AND CONVEY A PORTION OF LAND TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO MAINTAIN THE SIX CITIES TRAIL, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. 13. Authorize the City Manager to Execute a Contract with Sun Life Assurance Company of Canada to Serve as the City's Stop -Loss Insurance Provider for Health Related Claims. 14. Authorize the City Manager to Execute the Necessary Documents Ratifying the Cities Aggregation Power Project's (CAPP) Contracts with Next Era for the Provision of Electricity for a Period Beginning on or about January 1, 2011, and Extending Up to December 31, 2018. 15. Authorize the City Manager to Purchase Twenty -One Vehicles for Various Departments Through the Buyboard Cooperative Purchasing and Houston -Galveston Area Council of Governments' Contractors: Philpott Motors, for an Amount of $404,685.06 and Dallas Dodge, for an Amount of $96,092.00 with a Total Amount Not to Exceed $500,777.06. 16. Award Bid and Authorize the City Manager to Execute an Annual Unit Price Contract with Stripe -A -Zone for Pavement Markings with Annual Expenditures Anticipated at less than $225,000 per Year. 17. Award Bid and Authorize the City Manager to Execute a Contract with Bass Site Solutions, LLC in the Amount of $60,244.60 for the Improvement of the Fox Hollow Open Space and Establish a Project Budget in the Amount of $104,000. 18. Receive the Summary of Property Tax Collections as of October 2010. 19. Receive the Capital Improvement Program (CIP) Status Reports. The motion carried. 10. Adopt an Ordinance Amending the Speed Limit Zone Boundaries Along Exchange Parkway from 400 Feet East of Alma Drive to 400 Feet East of Greenville Avenue and Lowering the Speed Limit from 45 MPH to 40 MPH. ORDINANCE NO. 2965-11.10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING 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 EXCHANGE PARKWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN: PROVIDING FOR A REPEALING CLAUSE: PROVIDING A SEVERABILITY CLAUSE: PROVIDING FOR A SAVINGS CLAUSE: PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE. AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Herald, the Council voted six (6) for and none (0) opposed to adopt Ordinance No 2965-11-10, as previously captioned, amending the Code of Ordinances. Chapter 9, 'Motor Vehicles and ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 23, 2010 PAGE Traffic' amending the maximum prima facie speed limit on Exchange Parkway from 400 feet east of Watters Drive to 400 feet east of Greenville Avenue, within the corporate limits of the City of Allen. The motion Gamed pular Agenda 20. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit SUP No. 114 for an Assisted Living Facility on Property Currently Zoned Planned Development PD No. 3 for Multifamily MF -12 uses. The Property is 7.30± Acres Situated in the William Perrin Survey, Abstract No. 708; Located North of Prestige Circle and West of Greenville Avenue. (SUP 8/20/10-65) [Allen Assisted Living] 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. ORDINANCE NO. 2968-11-10: 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 SPECIFIC USE PERMIT NO, 114 FOR AN ASSISTED LIVING FACILITY FOR PROPERTY ZONED "PD" PLANNED DEVELOPMENT NO. 3 FOR "MF -12" MULTI -FAMILY. SAID PROPERTY BEING A 7.30± ACRE TRACT IN THE WILLIAM PERRIN SURVEY. ABSTRACT NO. 708, CITY OF ALLEN. COLLIN COUNTY, TEXAS, AND FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; APPROVING A SITE PLAN; APPROVING BUILDING ELEVATIONS; PROVIDING A CONFLICTS RESOLUTION 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 Sedlacek and a second by Councilmember Caplinger, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2968- 11-10, as previously captioned, granting Specific Use Permit (SUP) No. 114 for an Assisted Living Facility on Property Currently Zoned Planned Development PD No. 3 for Multifamily MF -12 uses, on 7.30 ± acres situated in the William Perrin Survey, Abstract No. 708; located north of Prestige Circle and west of Greenville Avenue. The motion carried. Other Business 21. Calendar. • November 25-26, 2010 - City Hall Closed in Observance of Thanksgiving • December 3, 2010 -City of Allen Christmas Tree Lighting. Civic Plaza. 7 p.m. • December 4, 2010 -Rudolph Run, Check-in 7 a.m., Race 8.15 a.m 22. Items of Interest. • The Allen Christmas Nativity Exhibit will be held on December 3 and 4. • The Allen Kiwanis Club will hold their annual pancake breakfast on December 4 • The Allen Rotary Clubs will hold their annual Christmas Parade on December 5, ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 23, 2010 PAGE 5 • Council congratulated the Lovejoy High School Boys and Girls Cross Country Teams for each winning their respective Class 3A State Championships. • Council congratulated the Lovejoy High School Volleyball Team for winning the Class 3A State Championship for the third year in a row. • Council wished everyone a Happy Thanksgiving. Executive Session The Executive Session was not held. 23. Reconvene and Consider Action on Items Discusses during Executive Session. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7:34 p in on Tuesday, November 23, 2010. The motion tamed. These minutes approved on the 14' day of December, 2010. C ATTEST: Shelley B. Georg , ITY SECRETARY 1 APPROVED: Stephen errell, MAYOR It