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Min - City Council - 2001 - 08/16 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 16, 2001 Present: Stephen Terrell, Mayor Councilmembers: Melissa Owen, Mayor Pro Tem Debbie Stout Richard Buchanan Bill Petty Susan Bartlemay Kenneth Fulk city Staff: Peter H Vargas, City Manager Judy Morrison, City Secretary Peter G. Smith, Attorney 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 12 p.m on Thursday, August 16, 2001, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: • Briefing Regarding the Landscaping on Main Street • Follow-up Regarding the 2001 Budget Workshop FY 2001-2002 Budget Workshop was held on August 10, 11, and 12, 2001. Pledee of Alleeiance Public Recoenition 1. Citizens' Comments. Mr. David W Langston, 1003 Blackwell Drive, Allen, Texas, asked that a member of the Council contact him regarding his concerns. IConsent Aeenda MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the consent agenda as follows ALLEN CITY COUNCIL REGULAR MEETING AUGUST 16, 2001 PAGE 2 2. Approve Minutes of the August 2, 2001, Regular Meeting. 3. Award Bid and Authorize Execution of a One -Year Contract with an Option to Renew for Two One -Year Periods with Redi-Mix, L.P., the Lowest and Best Bidder, for an Amount not to Exceed 535,000 Annually for the Delivery of Redi-Mix Concrete per Competitive Bid #01-07-27-41201. Council authorized the City Manager to execute a one-year contract with an option to renew for two one-year periods with Redi-Mix, L.P , the lowest and best bidder, for the delivery of redi-mix concrete for an annual expenditure not to exceed $35,000. 4. Award Bid and Authorize Execution of the Following Agreements for the Purchase of Various Park Maintenance Equipment Totaling $62,946 per Competitive Bid #01-04-1341185: • Purchase of One Toro Reel Master Pull Behind Reel Mower from Professional Turf Products of DFW Airport, Texas, in the Amount of $23,495; and • Purchase of One Smithco Sweeper Big Vac and One Turfco Top Dresser from Jones Equipment & Turf, Inc., of Fort Worth, Texas, in the Amount of $39,451. Council authorized the City Manager to purchase one Toro Reel Master Pull Behind Reel Mower from Professional Turf Products, the lowest and best bidder, in an amount not to exceed $23,495, and one Smithco Sweeper Big Vac and one Turfco Top Dresser from Jones Equipment & Turf, hic., the lowest and best bidder, in an amount not to exceed $39,451, for a combined total of $62,946. 5. Award Bid and Authorize Execution of a Contract with Frazer, Inc., of Houston, Texas, for the Purchase and Complete Remount of a Type I Generator Powered Ambulance for an Amount of $53,700 per Competitive Bid #01-07-2541199. Council authorized the City Manager to purchase a complete remount for a Type I Generator Powered Ambulance from Frazer, Inc., the lowest and best bidder, in an amount not to exceed $53,700. 6. Award Bid and Authorize Execution of a Contract with Palm, Inc., the Lowest and Best Bidder, for the Main Street Landscaping and Irrigation Project for an Amount not to Exceed $256,311. Council authorized the City Manager to execute a contract with Palm, Inc., the lowest and best bidder, for the Main Street Landscaping and Imgation Project in an amount not to exceed $256,311. 7. Receive Quarterly Investment Report for Period Ending June 30, 2001. 8. Receive Quarterly Financial Report for Period Ending June 30, 2001. 9. Receive the CIP (Capital Improvement Projects) Status Report. The motion carred. Reeular Aeeuda 10. CONTINUED: Continue a Public Hearing and Adopt an Ordinance Granting a Change in Zoning by Granting Specific Use Permit No. 86 for a Fueling Station on It Acre of Land Located ALLEN CITY COUNCIL REGULAR MEETING AUGUST 16, 2001 PAGE at the Southeast Corner of the Intersection of Malone Road and Main Street (FM 2170) in the Clearview Estates Subdivision. Mayor Terrell stated that the public hearing was still open and asked for anyone speaking either for or against the request to do so. Mr. Bruce Anderson, 1601 Haven Place, Allen, Texas, spoke in opposition to this item and expressed concern regarding the high volume of traffic at the intersection of Main Street and Malone Road. He requested that the construction of the station be postponed until the road and intersections are widened. Ms. Becky Anderson, 1601 Haven Place, Allen, Texas, spoke in opposition to this item With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 1968-8-01: AN ORDINANCE OF THE CTFY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING DISTRICT MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 86 TO ALLOW A FUELING STATION FOR PROPERTY ZONED "LR" LOCAL RETAIL AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS ATTACHED HERETO AS EXHIBITS `B," "C" AND "D," RESPECTIVELY; PROVIDING A REPEALING `j 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. Council directed that the City staff conduct a speed limit survey of this intersection and arterial roads. MOTION: Upon a motion made by Councilmember Petty and a second by Councilmember Fulk, the Council voted six (6) for and one (1) opposed with Councilmember Buchanan casting the negative vote, to approve and adopt Ordinance No. 1968-8-01 as previously captioned with amendment to allow gas delivery from 8:00 p.m. to 5:00 a.m. only until Main Street is widened to 6 lanes and no delivery trucks to travel South on Malone Road. The motion carried. 11. Conduct a Public Hearing and Adopt an Ordinance Approving Amendments to Article HI, "Building Regulations" of the Allen Land Development Code by Adopting the 2000 Editions of the International Building, Fire, Residential, Mechanical, Fuel Gas and Plumbing Codes with North Central Texas Council of Governments Regional Amendments and Adding Administrative Provisions to the 1999 National Electric Code. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. With no one spealang, Mayor Terrell closed the public hearing. ORDINANCE NO. 1969-8-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE BY AMENDING ARTICLE III, BUILDING REGULATIONS BY ADOPTING THE INTERNATIONAL BUILDING CODE 2000 EDITION, INTERNATIONAL FIRE CODE 2000 EDITION, INTERNATIONAL RESIDENTIAL CODE 2000 EDITION, INTERNATIONAL ALLEN CITY COUNCIL REGULAR MEETING AUGUST 16, 2001 PAGE MECHANICAL CODE 2000 EDITION, INTERNATIONAL PLUMBING CODE 2000 EDITION, El AND NATIONAL ELECTRICAL CODE 1999 EDITION, WITH AMENDMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Owen, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1969-"1 as previously captioned. The motion carred. 12. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code and Zoning Map Granting a Change in Zoning of 0.24± Acres of Land Situated on Part of Lots 3, 4, 13 and 14, Block 9, of Original Donation Addition, Located North of McDermott Drive between Butler Drive and the Union Pacific Railroad from "CBD -Office" Central Business District -Office to "CBD-Office/Retail" Central Business District-Office/Retail. 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. 1970-8-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, ORDINANCE NO. 1845-6-00, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM "CBD -OFFICE" CENTRAL BUSINESS DISTRICT -OFFICE TO "CBD-OFFICE/RETAIL" CENTRAL BUSINESS DISTRICT-OFFICE/RETAI, FOR LOTS 3, 4, 13A, 14A, BLOCK 9, OF THE ORIGINAL DONATION, CITY OF ALLEN, 0.24± ACRES OF LAND, AND 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, MOTION: Upon a motion made by Councilmember Stout and a second by Mayor Pro Tem Owen, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1970-8-01 as previously captioned. The motion carred. 13. Conduct a Public Hearing and Adopt Ordinances Amending the Allen Land Development Code and Zoning Map by Granting a Change in Zoning in the Following Properties: (A) Allen North Estates Phase 1/18± Acres out of the Henry Weisel Survey, Abstract 102"rom Multi -family 12 to R-7 Single Fondly Residential; ORDINANCE NO. 1971-8-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, ORDINANCE NO. 1845-6-00, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM "MF -12" MULTI -FAMILY RESIDENTIAL DISTRICT TO R-7 SINGLE FAMILY RESIDENTIAL DISTRICT FOR 18.0452± ACRES OF LAND OUT OF THE HENRY WETSEL SURVEY, ALLEN CITY COUNCIL REGULAR MEETING AUGUST 16, 2001 PAGES ABSTRACT NO. 1026, AND 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. (B) Abbey Hill ParkBlock B, Lots 23 to 66 of Abbey HBI Park Addition, being 12± Acres out of the William Snider Survey, Abstract No. 821—from "PD 44 -MF" Planned Development No. 44 -Multi -family to "PD 44-R-5" Planned Development No. 44-R-5 Single Family Residential; ORDINANCE NO. 1972-8-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, ORDINANCE NO. 1845-6-00, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FOR TRACT "C" OF PLANNED DEVELOPMENT NO. 44, ORDINANCE NO. 782-3-87, LOTS 23 TO 66, BLOCK B, OF ABBEY HILL PARK ADDITION, 12± ACRES OF LAND OUT OF THE WILLIAM SNIDER SURVEY, ABSTRACT NO. 821 FROM "PD 44 -MF -18" PLANNED DEVELOPMENT NO. 44 MULTI -FAMILY RESIDENTIAL DISTRICT USES TO "PD 44-R- 6" PLANNED DEVELOPMENT NO. 44 R-6 SINGLE FAMILY RESIDENTIAL DISTRICT, AND 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. (C) Proposed Brookside Phase IVB/17± Acres being Tract 21, R. C. Whisenant Survey, Abstract 1012—from "PD 22 -MF" Planned Development No. 22 -Multi -family to "PD 22- R-6" Planned Development No. 22-R-6 Single Family Residential; ORDINANCE NO. 1973-8-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, ORDINANCE NO. 1845-6-00, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FOR TRACT 7 OF PLANNED DEVELOPMENT NO. 22, ORDINANCE NO. 507-5-84,17.1249± ACRES OF LAND BEING TRACT 21, R. C. WHISENANT SURVEY, ABSTRACT NO. 1012 FROM "PD 22 -MF" PLANNED DEVELOPMENT NO. 22 MULTI -FAMILY RESIDENTIAL DISTRICT USES TO "PD 22 R-6" PLANNED DEVELOPMENT NO. 22 FOR R-6 SINGLE FAMILY RESIDENTIAL DISTRICT USES, AND 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. (D) Glendover Phase 1130± Acres out of the Mary Standifer Survey, Abstract No. 812—from "PD 53 -MF" Planned Development No. 53 -Multi -family to "PD 53-R-6" Planned Development No. 53-R-6 Single Family Residential; ALLEN CITY COUNCIL REGULAR MEETING AUGUST 16, 2001 PAGE ORDINANCE NO. 1974-8-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, ORDINANCE NO. 1845-6-00, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FOR TRACT 4 OF PLANNED DEVELOPMENT NO. 53, ORDINANCE NO. 790-5-87, AS AMENDED, 30.175± ACRES OUT OF THE MARY STANDIFER SURVEY, ABSTRACT NO. 812 FROM "PD 53 - ME" PLANNED DEVELOPMENT NO. 53 FOR MULTI -FAMILY RESIDENTIAL DISTRICT USES TO "PD 53 R-6" PLANNED DEVELOPMENT NO. 53 FOR R-6 SINGLE FAMILY RESIDENTIAL DISTRICT AND 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. (E) Spring Meadow Addition/Block G, Lots 13 to 29; Block H, Lots 1 to 38; Block I, Lots 1 to 37; and Block J, Lots 1 to 25, being 23± Acres out of the Henry Wetsel Survey, Abstract 1026—from "TH" Townhome to R-7 Single Family Residential; ORDINANCE NO. 1975-8-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, ORDINANCE NO 1845-6-00, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FOR BLOCK G, LOTS 13 TO 29, BLOCK H, LOTS 1 TO 38, BLOCK I, LOTS 1 TO 37, AND BLOCK J, LOTS 1 TO 25, SPRING MEADOW ADDITION, BEING 23.94± ACRES OUT OF THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, FROM "TH" TOWNHOME RESIDENTIAL DISTRICT TO R-7 SINGLE FAMILY RESIDENTIAL DISTRICT AND 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. (N) Heritage Park 11/22± Acres out of the G. W. Ford Survey, Abstract No. 32"rom "PD 22-TH" Planned Development No. 22-Townhome to "PD 22-R-7" Planned Development No. 22-R-7 Single Family Residential; and ORDINANCE NO. 1976-8-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, ORDINANCE NO. 1845-6-00, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FOR TRACT 2 OF PLANNED DEVELOPMENT NO. 22, ORDINANCE NO. 507-5-84, AS AMENDED, 22.8± ACRES OUT OF THE G. W FORD SURVEY, ABSTRACT NO 328 FROM "PD 22-TH" PLANNED DEVELOPMENT NO. 22 FOR TOWNHOMES TO "PD 22-R-7" PLANNED DEVELOPMENT NO 22 FOR R-7 SINGLE FAMILY RESIDENTIAL DISTRICT AND 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. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 16, 2001 PAGE (G) Cottonwood Bend North 2/21± Acres out of the G. W. Ford Survey, Abstract No. 328—from "PD 13 -TA" Planned Development No. 13-Townhome to "PD 13-R-6" Planned Development No. 13-R-6 Single Family Residential. ORDINANCE NO. 1977-8-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, ORDINANCE NO. 1845-"0, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING ORDINANCE NO. 459-9-83, BY GRANTING A CHANGE IN ZONING FOR TRACT 9 OF PLANNED DEVELOPMENT NO. 13 ZONING FROM "PD 13 TH" PLANNED DEVELOPMENT NO. 13 FOR TOWNHOMES TO "PD 13-R- 6" PLANNED DEVELOPMENT NO. 13-R-6 FOR SINGLE FAMILY RESIDENTIAL DISTRICT USE FOR 21.6034± ACRES OUT OF THE G. W FORD SURVEY, ABSTRACT NO. 328, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABR.rrY 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. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so i Mr. Artis Martini, 422 SL Andrews, Allen, Texas, spoke in favor of item (A), stating that single family zoning would be more appealing than townhouse zoning. With no one else speaking, Mayor Terrell closed the public hearing. MOTION: Upon a motion made by Mayor Pro Tem Owen and a second by Councilmember Petty, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance Nos. 1971-8-01, 1972-8-01, 1973-8-01, 1974-8-01, 1975-8-01, 1976-8-01, and 1977-8-01 as previously captioned. The motion carred. 14. Calendar. • August 7 -National Night Out/Bethany Lakes Park/6-9 p.m. • August 28—Public Hearing on Budget and Public Hearing on Tax Rate/7:00 p.m. • September 3ity Offices Closed in Observance of Labor Day • September 17—TRIAD Meeting/6:00 p.m./Allen Public Library Meeting Room • October 26-27—City of Allen Haunted House and Booville/5-11 p.m./Joe Farmer Recreation Center • November 27Boardsand Commissions Dinner/El Dorado Country Club • • November 28-30—Texas Municipal League Conference (TML)/Houston November 30—Chnstmas Tree Lighting/7-9 p m./City Hall Complex • December 1—Rudolph Run/8-10 a.m./Allen Senior Citizen Center ALLEN CITY COUNCIL REGULAR MEETING AUGUST 16, 2001 PAGE S 15. Items of Interest. Executive Session The Executive Session was not held. 16. Reconvene and Consider Action on Items Discussed during Executive Session. MOTION: Upon a motion made by Mayor Pro Tem Owen and a second by Councilmember Buchanan, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8.31 p.m. on Thursday, August 16, 2001. The motion carred. These minutes approved on the 0 day of September, 2001. APPROVED: '�&Zf(Z2 Stepheif Terrell, MAYOR ATTEST: J 1jL— 0/> h A U -r- Mor n, CMC/AAE, CITY SECRETARY -1-