Min - City Council - 2003 - 10/28 - Regular[j
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 28, 2003
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
Citv Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
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 14 p.m. on Tuesday, October 28, 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 Amendments to the Allen Land Development Code Concerning Development
Issues with the Central Business District
Discussion Regarding Neighborhood Electric Vehicles and Motor Assisted Scooters on the Streets,
Highways, Paths, and Alleys
Introduction of the Interlocal Agreement and Bylaws for the Arts of Collin County
Pledee of Alleeiance
Public Recoenition
Citizens' Comments.
Mr. William Carder, 1806 Armstrong Drive, Allen, Texas, presented a petition signed by residents of
Stacy Ridge Estates requesting the Council take action to annex the acreage to the west of Stacy
Ridge Estates into the City of Allen and to zone it consistent with the City's Comprehensive Plan.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 28, 2003
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2. Armistice Memorial Post 2195 will Present City Council the United States Flag that flew over
The Moving Wall, the Visiting Replica of the Vietnam Memorial, during its Visit to Allen in
May 2003.
3. Administer Oath -of -Office and Certificate -of -Appointment to the Newly Appointed Library
Board Member.
Library Board Expiration Date
Place No. 3 - Donald Wing September 30, 2005
4. Recognition of the Purchasing Division as the Recipient of the Achievement of Excellence in
Procurement' Award.
5. Recognition of the Planning and Development Department as the Recipient of the "Certificate
of Achievement for Planning Excellence."
6. Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Delena Franklin, Court Administrator, and Representatives of
the Allen Municipal Court, Proclaiming the Week of November 3-7, 2003, as Allen Municipal
Court Week.
• Presentation of a Proclamation to Representatives of the Keep Allen Beautiful Board
Proclaiming November 8, 2003, as Allen Recycles Day.
7. Presentation by Steve Massey, Director of Community Services, Regarding the Texas Recycles
Day Event on November 8, 2003.
Consent Aeenda
MOTION: Upon a motion made by Councilmember Oberrneyer and a second by Councdmember Stout,
the Council voted seven (7) for and none (0) opposed to approve and adopt the consent
agenda as follows.
Approve Minutes of the October 14, 2003, Regular Meeting.
Adopt an Ordinance Abandoning 337 Square Feet of Public Right -of -Way at the Northwest
Corner of Main Street and Allen Drive to the Adjacent Landowner, First Christian Church.
ORDINANCE NO. 2230-10-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ABANDONING PUBLIC RIGHT-OF-WAY DESCRIBED
IN EXHIBIT "A"; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS
ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF COLLIN COUNTY,
TEXAS, AS A QUITCLAIM DEED; PROVIDING FOR THE INDEMNIFICATION OF THE CITY
OF ALLEN AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT; AND
PROVIDING AN EFFECTIVE DATE.
10. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, "Motor Vehicles and
Traffic," Establishing a Speed Limit of 40 m.p.h. on Exchange Parkway from Greenville
Avenue (SH 5) to Angel Parkway.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 28, 2003
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ORDINANCE NO. 2231-10-03: 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 BETWEEN
GREENVILLE AVENUE (SH 5) AND ANGEL PARKWAY WITHIN THE CORPORATE LIMITS
OF THE CITY OF ALLEN, PROVIDING FOR A REPEALING CLAUSE; PROVIDING A
SEVERABILITY 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.
11. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, "Motor Vehicles and
Traffic," Revising the School Zone for the Lowery Freshman Center.
ORDINANCE NO. 2232-10-03: 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 9-137(b), TO AMEND
SUBSECTION (1) TO DESIGNATE CERTAIN PORTIONS OF GREENVILLE AVENUE AS A
SCHOOL ZONE FOR LOWERY FRESHMAN CENTER WITH A MAXIMUM PRIMA FACIE
SPEED LIMIT OF TWENTY-FIVE (25) MILES PER HOUR FOR MOTOR VEHICLES,
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY 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.
12. Award Bid and Authorize Execution of Contracts with Mutual of Omaha for Basic
Life/Accidental Death & Dismemberment (AD&D) and Voluntary Life; Aetna for Voluntary
Short -Term Disability (STD) and Long -Term Disability (LTD); Leggette Actuaries, Inc. for
Section 125 Flexible Spending Administration; and Workers Assistance Program (WAP) for
the Employee Assistance Program; and to Reject the Proposal for the Consolidated Omnibus
Budget Reconciliation Act (COBRA) Administration, and Health Insurance Portability and
Accountability Act IHIPAA) Administration.
Council authorized the City Manager to execute contracts with Mutual of Omaha for Basic
Life/Accidental Death & Dismemberment (AD&D) and Voluntary Life; Aema for Voluntary Short -
Term Disability (STD) and Long -Term Disability (LTD); Leggette Actuaries, Inc. for Section 125
Flexible Spending admimstrati= and Workers Assistance Program (WAP) for the Employee
Assistance Program; and to reject the proposal for the Consolidated Omnibus Budget Reconciliation
Act (COBRA) administration, and Health Insurance Portability and Accountability Act (HIPAA)
administration
13. Award Bid and Authorize Execution of a Contract with Greater Texas Cabling LLC. for the
Construction of PVC Conduit for Several City Facilities in the Amount of $31,065.
Council authorized the City Manager to execute a contract to Greater Texas Cabling LLC for the
construction of PVC conduit for several City Facilities in the amount of $31,065.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 28, 2003
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14. Authorize Execution of an Agreement between the City of Allen, the Texas Parks and
Recreation Foundation, and the Briar Ridge Investment, Inc. for the Transfer and Exchange of
Property Adjacent to West Exchange Parkway.
Council authorized the City Manager to execute an agreement with the Texas Parks and Recreation
Foundation and Briar Ridge Investment, Inc. for the exchange and transfer of 4.749 acres south of
West Exchange Parkway for 5.992 acres located north of the north boundary of the property
currently being held by the Texas Parks and Recreation Foundation on behalf of the City of Allen.
15. Authorize Execution of a Real Estate Sales Contract for the Right -of -Way for the East Bethany
Drive Widening Project with Prentiss Properties Acquisition Partners, L.P. for an Amount not
to Exceed $9,500 Plus Closing Costs.
Council authorized the City Manager to execute the real estate sales contract for the right-of-way for
the East Bethany Drive Widening Project with Prentiss Properties Acquisition Partners, L P for an
amount not to exceed $9,500 plus closing costs
16. Receive the Summary of Property Tax Collections as of September 2003.
17. Receive the CIP (Capital Improvement Program) Status Report.
The motion Gamed.
Regular Aeenda.
18. CONTINUED PUBLIC HEARING: Conduct a Public Hearing and Adopt an Ordinance Granting a
Change in Zoning on 118± Acres of Land from MF -24 Multifamily, R-4 Residential and R-7
Residential to TH-Townhome, R4 Residential, R-5 Residential, R-6 Residential, and R-7 Residential
on Property Located East of SH 5 and South of Stacy Road.
Mayor Terrell stated the public hearing was still open and asked for anyone speaking either for or
against the request to do so.
Mr. Don Dillard, 5000 Thanksgiving Tower, Dallas, Texas, representing the Hassie Hunt Trust Fund,
spoke in favor of the request.
Ms. Ann Grace, 417 Sunrise Drive, Allen, Texas, spoke in opposition to the request. She expressed
concern over the impact on the new elementary school
Mr. Stephen Puckett, 426 Sunrise Drive, Allen, Texas, spoke in opposition to the request. He
expressed concern over current traffic congestion, density of housing, and the increase in traffic.
Ms. Cynthia Johnson, 502 Spnng Leaf Court, Allen, Texas, did not speak, but wished her opposition
to the request be recorded.
Ms. Christine Baker, 1528 Redeemer, Allen, Texas, did not wish to speak, but wished her opposition
be recorded.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 28, 2003
PAGES
Ms. Bobbi Gilbert, 1515 Redeemer, Allen, Texas, spoke in opposition to the request. She expressed
concern over R-7 zoning, expansion of Greenville, and loss of buffer of R-4 zoning with Buckingham
Estates,
Mr. Tim Starling, 403 Sunrise, Allen, Texas, expressed concern over the effect on his property value
Mr. Bret Pedigo, representing Centex Homes, spoke in favor of the request. He responded to
concerns made during the public hearing.
Mr. Ron Price, 1529 Redeemer, Allen, Texas, spoke in opposition to the request. He expressed
concern over lower priced homes, density, traffic, infrastructure, and property values.
Mr. Don Dillard asked that if Council could not support the project, that they be allowed to withdraw
the zoning request.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2233-10-03: AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING
A CHANGE IN ZONING ON 118.946± ACRES FROM "MF -24" MULTI -FAMILY, 'R-4"
SINGLE-FAMILY RESIDENTIAL, AND "R-7" SINGLE-FAMILY RESIDENTIAL TO 'R-5"
SINGLE-FAMILY RESIDENTIAL ON 55.400± ACRES, `R -T' SINGLE-FAMILY RESIDENTIAL
ON 51.560± ACRES, AND "AO" AGRICULTURE OPEN SPACE ON 11.986± ACRES IN THE
J. ROBERTS SURVEY, ABSTRACT NO 777 AND THE HENRY WETSEL SURVEY NO. 1026,
CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR A TRACT MAP IN EXHIBIT 'B" 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 Councilmember Bartlemay and a second by Councilmember Stout,
the Council voted five (5) for and two (2) opposed with Councilmember Obermeyer and
Mayor Pro Tem Fulk casting the negative votes, to approve and adopt Ordinance No.
2233-10-03 as previously captioned, with the elimination of the eight lots on the tract map
shown in the AO zoning district. The motion carried.
19. Conduct a Public Hearing Regarding the Arts of Collin County Project.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
Mr. Randy Sandifer, 201 E. Main, Allen, Texas, representing the Chamber of Commerce and Allen
Philharmonic Symphony, spoke in support of the project
The following individuals did not speak, but wished to express their support of the project.
Ms. Kathleen Litinas, 306 Cordova Drive, Allen, Texas;
Ms. Regina Taylor, 1207 Providence, Allen, Texas;
Ms. Ella In Adams, 1419 N. Crossing Drive, Allen, Texas,
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 28, 2003
Mr. Roger Adams, 1419 N. Crossing Drive, Allen, Texas; and
Mr. Richie Dodger, 720 S. Greenville Avenue, Allen, Texas.
With no one else speaking, Mayor Terrell closed the public hearing.
Other Business.
20. Calendar.
• November 4 — Election Day
• November 5 — Open Meeting/Staff/Arts of Collin County Project/2:00 p.m.
• November 8 — Texas Recycles Day in Allen/8:00 a.m. to 1:00 p.m.
• November 11 — Open Meeting/During Council Meeting/Arts of Collin County Project
• November 27 and 28 — City Facilities Closed in Observance of the Thanksgiving Holiday
21. Items of Interest.
Executive Session
The Executive Session was not held
22. Reconvene and Consider Action on Items Discussed during Executive Session.
Adiourn
PAGE
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 9 15 p.m. on Tuesday, October 28, 2003. The motion earned.
These minutes approved on the 11 m day of November, 2003.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
—
c
Shelley B. Georg RMC, CITY S RETARY