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Min - City Council - 2003 - 05/27 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 27, 2003 Present Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Susan Bartlemay Jeff McGregor City Staff: 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 Tuesday, May 27, 2003, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included • Discussion Regarding the Field Utilization Ordinance and Associated Agreements • Discussion Regarding Hillside Park Pledee ofAlleeiance Public Recoenition Citizens' Comments. • Brief Presentation by Tom Keener, Development Coordinator with the Allen Public Library, Regarding the All About Anime/Manga Program that will be held in the City Hall Council Chambers, May 29, 2003, from 7.00 p.m. to 8.30 p.m. The Program is sponsored by the Allen Public Library. 2. Recognition of Aqeel Khaleel and Robbie Holsten, Students from Lowery Freshman Center, who Competed in the Intel International Science and Engineering Fair. Peter H. Vargas, City Manager Shelley B. George, City Secretary Peter G. Smith, Attorney Call to Order Announce Quorum is Present and a 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 Tuesday, May 27, 2003, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included • Discussion Regarding the Field Utilization Ordinance and Associated Agreements • Discussion Regarding Hillside Park Pledee ofAlleeiance Public Recoenition Citizens' Comments. • Brief Presentation by Tom Keener, Development Coordinator with the Allen Public Library, Regarding the All About Anime/Manga Program that will be held in the City Hall Council Chambers, May 29, 2003, from 7.00 p.m. to 8.30 p.m. The Program is sponsored by the Allen Public Library. 2. Recognition of Aqeel Khaleel and Robbie Holsten, Students from Lowery Freshman Center, who Competed in the Intel International Science and Engineering Fair. ALLEN CITY COUNCIL REGULAR MEETING MAY 27, 2003 PAGE 2 3. Presentation of Awards by the Office of the Mayor: • Presentation of Shining Star Awards to John Yoder, Allen ISD School Bus Driver, Jessica Cann, Jamel Bouremana, and Christian Molina, Middle School Students, for their Heroic Efforts in Rescuing a Small Child from Harm Mr. Molina was unable to attend the meeting. 4. Presentation of a Proclamation by the Office of the Mayor. • Presentation of a Proclamation to Rob Lewin, President of the South West National Management Association and Heather Fink, 2002-2003 President for the Alcatel Leadership Association, Proclaiming June 1-7, 2003, as Management Week. Consent Agenda MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor, the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda as follows: Approve Minutes of the May 13, 2003, Regular Meeting. 6. Adopt a Resolution Authorizing an InterlocaFBoundary Adjustment Agreement with the City of McKinney Regarding the Expansion of SH 121. RESOLUTION NO. 2169-5-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A BOUNDARY ADJUSTMENT AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, ("Allen") AND THE CITY OF MCKINNEY, TEXAS, ("McKinney') ESTABLISHING THE CORPORATE BOUNDARIES OF EACH CITY DURING AND AFTER THE CONSTRUCTION OF STATE HIGHWAY 121 AND AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. Adopt a Resolution Authorizing a Policy Exempting Independent School Districts within the Allen City Limits from all Development and Inspection Fees Except Water, Wastewater, and Roadway Impact Fees. RESOLUTION NO. 2170-5-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A POLICY TO FOLLOW ON WANING FEES AT SCHOOL SITES, PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. S. Award Bid and Authorize Execution of Annual Contracts with Vulcan Inc. dba Vulcan Signs; MD Solutions, Inc.; Centerline Supply, Ltd.; and the 3M Company for Sign Blanks, Blades, Reflective Sheeting and Miscellaneous Materials with Two One -Year Renewal Options under the Same Terms and Conditions. Council authorized the City Manager to execute one-year contracts for sign blanks, blades, reflective sheeting and miscellaneous materials to the lowest responsive bidders, Vulcan Inc., dba Vulcan Signs ALLEN CITY COUNCIL REGULAR MEETING MAY 27, 2003 PAGE ifor $10,042.80; MD Solutions, Inc. for $3,996.50; Centerline Supply, Ltd. for $9,582.50; and 3M Company for $55,259, for a total of $78,880.80 with an option to renew for two additional terms of one year each at the current terms and conditions. Award Bid and Authorize Execution of Contracts for Parks Mowing Services Phase H with Martin Property Maintenance, Blade Turners Maintenance, and Dyna -Mist Construction Co., Inc. with Two One -Year Renewal Options under the Same Terms and Conditions. Council authorized the City Manager to execute contracts for Parks Mowing Services Phase 11 to the lowest and best bidders, Martin Property Maintenance for $42,534; Blade Turners Maintenance for $30,834; and Dyna -Mist Construction Co, Inc. for $28,584, for a total of $101,952 with two one- year options to renew for fiscal years (OctoberSeptember)under the same terms and conditions. 10. Authorize an Expenditure of Funds for Street Sweeping Services with Great American Sweeper in the Estimated Annual Expenditure of $79,000 with Four One -Year Renewal Options under the Same Terms and Conditions. Council authorized the City Manager to approve an expenditure of foods for street sweeping services with Great American Sweeper, in the estimated annual expenditure of $79,000 with four one-year renewal options under the same terms and conditions. 11. Receive the Summary of Property Tax Collections as of April 2003. 12. Receive the CIP (Capital Improvement Program) Status Report. The motion carred. Re¢ular Auenda. 13. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning on a Portion of Tract 4 in Planned Development No. 53 from Multi -Family Uses to Community Facilities on 11±Acres of Land Located on Exchange Parkway, West of Alma Drive. 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. 2171-5-03: AN ORDINANCE OF THE CITY COUNCIL OF THE Cfl'Y 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 FOR TRACT 4 OF PLANNED DEVELOPMENT NO. 53, ORDINANCE NO. 790-5-87, AS AMENDED, FOR 11.695± ACRES OUT OF THE MARY STANDIFER SURVEY. ABSTRACT NO. 812 FROM 'PD 53 -MF" AS BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO FROM PLANNED DEVELOPMENT NO. 53 FOR MULTI- FAMILY RESIDENTIAL DISTRICT USES TO PLANNED DEVELOPMENT NO. 53 FOR CF - COMMUNITY FACILITIES DISTRICT; PROVIDING FOR A REPEALING CLAUSE; ALLEN CITY COUNCIL REGULAR MEETING MAY 27, 2003 PAGE iPROVIDING 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 Bartlemay, and a second by Councilmember Stout, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 2171-5-03 as previously captioned. The motion carred. 14. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from AO - Agriculture Open Space to R-3 Single -Family Residential on 6t Acres of Land Located on the West Side of Allen Heights Drive, just North of Bethany Drive and South of Park Place Drive. 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. 2172-5.03: 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 "AO" - AGRICULTURE -OPEN SPACE DISTRICT TO `R3" — RESIDENTIAL DISTRICT FOR 6.681 ACRES, IN THE GEORGE W FORD SURVEY, ABSTRACT NO. 328, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING 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 Mayor Pro Tem Fulk and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 2172-5-03 as previously captioned. The motion carried. Other Business. 15. Calendar. • May 24 and 31 — KidMama Volunteers' Days/Celebration Park • May 29 — Stacy Road Pump Station Ribbon Cutting/11.30 a in. • May 31 — Municipal Runoff Election Day • June 1-7 — Scholastic Book Fair/Allen Public Library • June 2 — Summer Sounds Concert • lune 3 — Canvass of Election • June 5 — 2nd Annual Corporate Challenge Clean -Up • June 14 — 2nd Annual Wild Water Rodeo/Natatorium 141 ALLEN CITY COUNCIL REGULAR MEETING MAY 27, 2003 PAGE 5 1 16. Items of Interest. The regular session recessed at 7.43 p.m. Executive Session In accordance with the Texas Government Code, Legal, Section 551.071; Property, Section 551.072; Personnel, Section 551.074, Staff Presentations, Section 551.075: the Allen City Council convened into Executive Session at 8:00 p.m. on Tuesday, May 27, 2003, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • LegalPursuantto Section 551.071 of the Texas Government Code— Seek Legal Advice Concerning Pending Litigation—SOAH Docket No. 473-02-1833, Public Utility Commission Docket No. 25429/Appeal of Oncor from an Ordinance of the City of Allen The Executive Session adjourned at 8.15 p.m. on Tuesday, May 27, 2003. 17. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 8:16 p.m. on Tuesday, May 27, 2003, in the Council Chambers of the Allen City Hall. No action was taken on items discussed during Executive Session: Adiourn MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8,18 p.m. on Tuesday, May 27, 2003. The motion carried. These minutes approved on the 101h day of June, 2003. APPROVED: Stephen Terrell, MAYOR ATTEST: �V�Shelley B.B. George,f , CITY S � TARY