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Min - City Council - 2003 - 10/14 - Regularp Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor City Staff: ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 14, 2003 Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary I Peter G. Smith, City Attorney 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 7:18 p.m. on Tuesday, October 14, 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 Mandatory Extended Area Calling Service Fee Imposed by Southwestern Bell Corporation • Discussion Regarding the Flashing Traffic Signal at McDermott Drive and Watters Crossing • Update Regarding the Arts of Collin County Project Pledge of Allegiance Public Recognition 1. Citizens' Comments. 2. Present Plaques -of -Appreciation to Outgoing Members of the Various City Boards and Commissions. EDoug Dreggors Donald Wing Cable TV & Telecommunications Cable TV & Telecommunications October 1995 — September 2003 October 1995 — September 2003 ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 14, 2003 PAGE 2 1 3. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Sharon Mayer, President of the Allen Chamber of Commerce, Proclaiming the Week of October 13-17, 2003, as Allen Chamber of Commerce Week • Presentation of a Proclamation to Jane Bennett, President, and Representatives of the Friends of the Allen Public Library, Proclaiming October 14, 2003, as Friends of the Allen Public Library Day. 4. Briefing by Jane Bennett, President of the Friends of the Allen Public Library, Regarding the Annual Chocolate Orgy Membership Drive. 5. Presentation of the Local Texas Amateur Athletic Federation Female and Male Athletes of the Year Awards. 6. Recognition of the Parks and Recreation Department as the Recipient of the Texas Community Forestry Award. 7. Recognition of the Public Information Office as the Recipient of the National Association of Telecommunications Officers and Advisors (NATOA) Government Programming Award for the New Employee Orientation Video. 8. Recognition of the Planning and Development Department as the Recipient of the Following Awards from the American Planning Association: Honorable Mention for the Student Project Award — Interactive Community GIS • Current Planning Award for the Allen Land Development Code • Comprehensive Planning Award for the 2002-2022 Comprehensive Plan • Coim unity of the Year Consent Atienda MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Bardemay, the Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as follows: 9. Approve Minutes of the September 23, 2003, Regular Meeting. 10. Approve Minutes of the September 29, 2003, TRIAD Meeting of the City Council, Allen Independent School District Board of Trustees, and the Chamber of Commerce Executive Committee. 11. Adopt an Ordinance Amending Chapter 3, "Animals and Fowl' of the Code of Ordinances by Adding Sections 3-22 through 3-28 Regarding the Creation of an Animal Advisory Committee and Establishing Guidelines. ORDINANCE NO. 2224-10-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY ADDING SECTIONS 3-22 THROUGH 3-28 OF CHAPTER 3, "ANIMALS AND FOWL' TO CREATE AN ANIMAL SHELTER ADVISORY COMMITTEE; PROVIDING FOR APPOINTMENT, REMOVAL ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 14, 2003 PAGE AND TERMS OF OFFICE AS MEMBERS; PROVIDING FOR MEETINGS AND DUTIES OF THE COMMITTEE ORDAINING OTHER MATTERS, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. 12. Authorize Execution of a Bank Depository Agreement with The American National Bank of Texas and Adopt a Resolution Designating City Representatives to Execute all Related Bank Depository Documents. RESOLUTION NO. 2225-10-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING CITY REPRESENTATIVES FOR THE BANK DEPOSITORY; AND PROVIDING AN EFFECTIVE DATE. 13. Adopt a Resolution Approving the Terms and Conditions of an Interlocal Cooperation Agreement between the City of Allen and the Fairview Volunteer Fire Department. RESOLUTION NO. 2226-10-03(R): A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ATTACHED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF ALLEN AND THE FAIRVIEW VOLUNTEER FIRE DEPARTMENT, AND PROVIDING AN EFFECTIVE DATE. 14. Adopt a Resolution Authorizing Execution of a Grant Agreement Associated with the Texas Forest Service's Urban Forestry Partnership Grant Program for Funding in the Amount of $6,000. RESOLUTION NO. 2227-10-0301): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS ASSOCIATED WITH THE "URBAN AND COMMUNITY FORESTRY PROGRAM" GRANT REQUEST COMMITTING SHARED COST OF THE PROJECT AS DESCRIBED IN THE GRANT APPLICATION; AND PROVIDING AN EFFECTIVE DATE, 15. Adopt a Resolution Encouraging Inclusion of Transportation Funding in the Scope of the Legislature's Study of Possible Tax Reform. RESOLUTION NO. 2228-10-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ENCOURAGING INCLUSION OF TRANSPORTATION FUNDING IN THE SCOPE OF THE LEGISLATURE'S STUDY OF POSSIBLE TAX REFORM; AND PROVIDING AN EFFECTIVE DATE. 16. Adopt a Resolution Establishing Guidelines for Recognizing Board and Commission Members at the Conclusion of their Service. RESOLUTION NO. 2229-10-0301): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING GUIDELINES FOR PRESENTING CERTIFICATES AND PLAQUES FOR BOARD AND COMMISSION MEMBERS AT THE CONCLUSION OF BOARD MEMBERSHIP, AND PROVIDING FOR AN EFFECTIVE DATE ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 14, 2003 PAGE 4 17. Award Bid and Authorize Execution of a Contract with Jim Bowman Construction Co., L.P. to Construct St. Mary Drive between Cedar Drive and Ash Drive for an Amount not to Exceed $310,656.60 and to Reestablish a Project Budget at $670,598. Council authorized the City Manager to execute a contract with Jim Bowman Construction Co., L.P to construct SL Mary Drive between Cedar Drive and Ash Drive for an amount not to exceed $310,656.60 and to reestablish a project budget at $670,598 18. Accept Resignation from George Christman, Place No. 3 of the Allen Library Board, and Declare a Vacancy. The motion carred Regular Agenda. 19. CONTINUED PUBLIC HEARING: Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning on 188± Acres of Land from MF -24 Multifamily, R4 Residential and R-7 Residential to TH-Townhome, R-4 Residential, R-5 Residential, R-6 Residential, and R-7 Residential on Property Located East of SH 5 and South of Stacy Road MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to continue the public hearing to the October 28, 2003, Council Meeting. The motion carred. 20. Consider Making an Appointment to Fill the Vacancy of the Allen Library Board. MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember Oberrneyer, the Council voted seven (7) for and none (0) opposed to confirm the appointment of Donald Wing, as nominated by the Council Nominating Commitee, to complete the unexpired term in Place No. 3 of the Allen Library Board and set a term expiration date of September 30, 2005. The motion carried. Other Business. 21. Calendar. • October 13 and 14 — AISD Fall Break • October 21 — Groundbreaking Ceremony for Central Library and Civic Auditorium/9 a.m./ 300 North Allen Drive • October 22 — Chocolate Orgy/Allen Public Library/7:30 p.m • October 25 — Booville Family Carnival/Joe Farmer Recreation Center/l-5 p.m. • October 25 — ACO Fall Dinner Dance/Southfork Ranch 22. Items of Interest. El The regular session recessed at 7.55 p.m. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 14, 2003 Executive Session. PAGE In accordance with the Texas Local 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 8:10 p.m. on Tuesday, October 14, 2003, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • Legal — Pursuant to Sections 551 071 and 551.087 of the Texas Government Code to Authorize the City Manager to Negotiate and Execute a Development Agreement Granting Water and Sewer Impact Fee Credits for Property Owned by Hassle Hunt Exploration Company at the Southwest Comer of Stacy Road and Greenville Avenue, The Executive Session adjourned at 8:19 p.m on Tuesday, October 14, 2003. 23. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 8'20 p.m. on Tuesday, October 14, 2003, in the Council Chambers of the Allen City Hall. The following action was taken on items discussed during Executive Session: MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to negotiate and enter into a development agreement with Hassle Hunt Exploration Company granting an impact fee credit of $312,000 for the property located at the southwest comer of Stacy Road and Greenville Avenue currently owned by Hassle Hunt Exploration Company. The motion carried. MOTION: Upon a motion made by Councilmember Bartlemay, and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:21 p.m on Tuesday, October 14, 2003. The motion carried. These minutes approved on the 2e day of October, 2003. APPROVED: Stephen errell, MAYOR Shelley B. Georg , RMC, CIT SECRETARY