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Min - City Council - 2004 - 02/24 - RegularCi Present: Stephen Terrell, Mayor Councilmembers: I� 111171C[N Y II•LK1111C[IY I II REGULAR MEETING FEBRUARY 24, 2004 With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7:02 p.m. on Tuesday, February 24, 2004, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: • Update Regarding the Park Property Exchange • Briefing Regarding the City of Allen Personnel Policies and Procedures Manual, Allen Fire Department Personnel Rules, and Allen Police Department General Orders Pledee of Alleeiance Public Recognition 1. Citizens'Comments. 2. Administer Oath -of -Office and Certificate -of -Appointment to John Kelley, Newly Appointed Member to the Keep Allen Beautiful Board. 3. Presentation of a Proclamation by the Office of the Mayor: Kenneth Falk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant CityManager Shelley B. George, City Secretary Peter G. Smith, CityAttorney 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 7:02 p.m. on Tuesday, February 24, 2004, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: • Update Regarding the Park Property Exchange • Briefing Regarding the City of Allen Personnel Policies and Procedures Manual, Allen Fire Department Personnel Rules, and Allen Police Department General Orders Pledee of Alleeiance Public Recognition 1. Citizens'Comments. 2. Administer Oath -of -Office and Certificate -of -Appointment to John Kelley, Newly Appointed Member to the Keep Allen Beautiful Board. 3. Presentation of a Proclamation by the Office of the Mayor: ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 24, 2004 PAGE • Presentation of a Proclamation to Craig Gillis, Asst Chief/Fire Marshal, Proclaiming the Week of February 29 — March 6, 2004, as Severe Weather Awareness Week MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as follows: 4. Approve Minutes of the February 10, 2004, Regular Meeting. 5. Adopt an Ordinance Creating the Allen Fire Department Personnel Rules. ORDINANCE NO. 2264-2-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A PERSONNEL POLICY FOR THE CITY OF ALLEN FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A CONFLICT PROVISION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE 6. Adopt an Ordinance Approving Existing General Orders Nos. 300, 1600, 1700, and 3700 for the Allen Police Department. ORDINANCE NO. 2265-2-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A PERSONNEL POLICY FOR THE CITY OF ALLEN POLICE DEPARTMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A CONFLICT PROVISION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE 7. Adopt a Resolution Amending the City of Allen Personnel Policies and Procedures Manual. RESOLUTION NO. 2266-2-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING AMENDMENTS TO THE PERSONNEL POLICIES AND PROCEDURES MANUAL TO UPDATE ALL EXISTING POLICIES AND ADMINISTRATIVE DIRECTIVES, AND PROVIDING AN EFFECTIVE DATE. S. Adopt a Resolution Ordering the May 15, 2004, General Election; Ordering a Special Election Regarding the Discontinued Use of Parkland; Authorizing the Execution of a Contract with the Elections Administrator of Collin County to Provide Election Services; and Authorizing a Joint Election Agreement with the Allen Independent School District and Collin County Community College. RESOLUTION NO. 2267-2-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ORDERING A JOINT ELECTION TO BE HELD ON MAY 15, 2004, FOR THE PURPOSE OF ELECTING THE CITY COUNCILMEMBERS FOR PLACE NOS. 4 AND 6, ORDERING AN ELECTION TO DETERMINE WHETHER THE CITY SHALL BE AUTHORIZED TO DISCONTINUE THE USE OF CERTAIN LAND AS PARK ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 24, 2004 PAGE LAND; DESIGNATING LOCATION OF POLLING PLACE, ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION; AND PROVIDING AN EFFECTIVE DATE. 9. Set Tuesday, May 25, 2004, as the Date for the Canvass of the General Election. 10. Motion to Appoint Mr. Lonnie R. Thomas as the City of Allen Representative to the Board of Directors of the Arts of Collin County Commission, Inc. and Approve the At -large Appointments of Dr. George S. (Robbie) Robinson and Mr. Maher Maso. Council appointed Mr. Lonnie R. Thomas as the City of Allen Representative to the Board of Directors of the Arts of Collin County Commission, Inc. and set a term expiration of September 30, 2007, and approved the at -large appointments of Dr. George S. (Robbie) Robinson and Mr. Maher Maso. 11. Authorize Execution of the Real Estate Sales Contracts for the Right -of -Way for the East Main Street Widening Project with Ban H. Vo for an Amount of $3,638; with Patricia F. Thomas for an Amount of $3,056; and with Julianne K. Carter for an Amount of $5,381; plus Closing Costs for all Parcels. Council authorized the City Manager to execute the real estate sales contracts for the right-of-way for the East Main Street Widening Project with Ban H. Vo for an amount of $3,638; with Patricia F Thomas for an amount of $3,056, and with Julianne K. Carter for an amount of $5,381, plus closing costs. 12. Receive the Quarterly Financial Report for the Period Ending December 31, 2003. 13. Receive the Quarterly Investment Report for the Period Ending December 31, 2003. 14. Receive the Summary of Property Tax Collections as of January 2004. 15. Receive the CIP (Capital Improvement Program) Status Report. The motion carried. Reeular Agenda. 16. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning on 20t Acres of Land from Planned Development No. 9 and R5 — Residential to CF — Community Facilities for Property Located North of East Exchange Parkway and West of SH 5 (St. Jude's Catholic Church). 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. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 24, 2004 PAGE ORDINANCE NO. 2268-2-04: 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, AND ORDINANCE NO 442-6-83, AS HERETOFORE AMENDED BY GRANTING A CHANGE IN ZONING FROM PD — PLANNED DEVELOPMENT NO. 9 AND R5 — RESIDENTIAL 5 TO CF — COMMUNITY FACILITIES DISTRICT FOR 20.2291 ACRES IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, 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 Councilmember Stout and a second by Mayor Pro Tem Falk, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 2268- 2-04 as previously captioned. The motion carried. 17. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning on 291 Acres of Land from SC — Shopping Center and TH — Townhome to R7 — Residential, TH — Townhome and LR — Local Retail on Property Located at the Southwest Corner of Ridgeview Drive and 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. 2269-2-04: 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, TO GRANT A CHANGE OF ZONING BY AMENDING PLANNED DEVELOPMENT NO. 67, ORDINANCE NO 1609-7-98 AND ORDINANCE NO. 2105-10-02 TO ALLOW (1) R7 — RESIDENTIAL USES ON 22.591 ACRES OF LAND, (2) TH — TOWNHOME USES ON 4.501 ACRES OF LAND, AND (3) LR — LOCAL RETAIL USES ON 2 081 ACRES OF LAND IN THE J. W PARSONS SURVEY, ABSTRACT NO. 705, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN ATTACHED AS EXHIBIT "B" AND DEVELOPMENT STANDARDS AS EXHIBIT "C", PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay, the Council voted five (5) for and two (2) opposed with Councilmembers Pacheco and McGregor casting the negative votes, to approve and adopt Ordinance No. 2269-2-04 as previously captioned The motion carried. ALLEN CITY COUNCIL • February 23 — Hillside Neighborhood Meeting/Rountree School/7.30 p.m. • March 4 — W indridge Neighborhood Meeting/Boyd Elementary/7:30 p.m. • March 6 — Police Awards Dinner/Bill Bates Ranch • March 8-12— AISD Spring Break 19. Items of Interest. The Executive Session was not held. 20. Reconvene and Consider Action on Items Discussed during Executive Session. PAGES MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermever, 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 Tuesday, February 24, 2004. The motion carried. These minutes approved on the 9"' day of March, 2004. ATTEST: Shelley B. George, MC, CITY SECR ARY I. APPROVED: r� St phen errell, MAYOR REGULAR MEETING FEBRUARY 24, 2004 Other Business. 18. Calendar. • February 23 — Hillside Neighborhood Meeting/Rountree School/7.30 p.m. • March 4 — W indridge Neighborhood Meeting/Boyd Elementary/7:30 p.m. • March 6 — Police Awards Dinner/Bill Bates Ranch • March 8-12— AISD Spring Break 19. Items of Interest. The Executive Session was not held. 20. Reconvene and Consider Action on Items Discussed during Executive Session. PAGES MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermever, 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 Tuesday, February 24, 2004. The motion carried. These minutes approved on the 9"' day of March, 2004. ATTEST: Shelley B. George, MC, CITY SECR ARY I. APPROVED: r� St phen errell, MAYOR