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Min - City Council - 2006 - 02/14 - Regularpresent: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Ober neyer (arrived at 6:35 p.m.) Mark Pacheco Susan Bartlemay Jeff McGregor City Staff: Peter H. Vargas, City Manager 1 Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete Smith, City Attorney Workshop Session With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:16 p.m. on Tuesday, February 14, 2006, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: • Presentation Regarding the Shallowater Bridge in the Twin Creeks Development • Discussion Regarding the Proposed Ordinance Amending the Zoning from CC Corridor Commercial and a Portion of PD Planned Development No. 68 for CC Corridor Commercial to PD Planned Development No. 99 for CC Corridor Commercial Uses on 63f Acres Located at the Southwest Comer of West Bethany Drive and US 75 (Garden District at Montgomery Farm) With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:59 p.m. on Tuesday, February 14, 2006. 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 7:07 p in. on Tuesday, February 14, 2006, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledge of Allegiance ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 14, 2006 present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Ober neyer (arrived at 6:35 p.m.) Mark Pacheco Susan Bartlemay Jeff McGregor City Staff: Peter H. Vargas, City Manager 1 Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete Smith, City Attorney Workshop Session With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:16 p.m. on Tuesday, February 14, 2006, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: • Presentation Regarding the Shallowater Bridge in the Twin Creeks Development • Discussion Regarding the Proposed Ordinance Amending the Zoning from CC Corridor Commercial and a Portion of PD Planned Development No. 68 for CC Corridor Commercial to PD Planned Development No. 99 for CC Corridor Commercial Uses on 63f Acres Located at the Southwest Comer of West Bethany Drive and US 75 (Garden District at Montgomery Farm) With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:59 p.m. on Tuesday, February 14, 2006. 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 7:07 p in. on Tuesday, February 14, 2006, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledge of Allegiance I ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 14, 2006 Citizens' Comments. PAGE Presentation of Blue Star Flags to the Families of Allen Service Personnel Currently Deployed by the U.S. Armed Forces. Blue Star Flags were presented to the following family members: • David and Lorie Garlich, parents of Private First Class Nick Garlich with the V Marine Division, 3rd Battalion Infantry, 5' Regiment, India Company PFC Garlich was deployed in January 2006 to Iraq. • Phillip and Debra Herman, parents of Airman First Class Michael Rios with the United States Air Force 39' Security Forces. AFC Rios was deployed in May 1.005 to Turkev. His current tour will end in August at which time he will be transferred to another location outside the United States until 2009. 3. Presentation of a Proclamation by the Office of the Mayor: Presentation of a Proclamation to Representatives of the City of Allen Engineering Department Proclaiming February 19-25, 2006, as National Engineers Week John Baumgartner, Director of Engineering, announced that Chris Flanigan, Civil Engineer, was named 2006 Young Engineer of the Year by the Preston Trail Chapter of the Texas Society of Professional Engineers. Consent Aeenda MOTION: Upon a moron made by Councilmember Oberrmeyer and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as follows: 4. Approve Minutes of the January 24, 2006, Regular Meeting. 5. Approve Minutes of the February 4, 2006, Special Called Workshop. 6. Approve Minutes of the February 6, 2006, Special Called Meeting. 7. Adopt a Resolution Ordering the May 13, 2006, General Election 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 District. RESOLUTION NO. 2482-2RESOLUTION NO. 2482-2-06O: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ORDERING A JOINT ELECTION TO BE HELD ON MAY 13, 2006, FOR THE PURPOSE OF ELECTING CITY COUNCILMEMBERS FOR PLACE NOS. 1, 3 AND 5; DESIGNATING LOCATION OF POLLING PLACE, ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION; AUTHORIZING EXECUTION OF JOINT ELECTION AGREEMENT, AND ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 14, 2006 PAGE 3 IPROVIDING FOR AN EFFECTIVE DATE. 8. Adopt a Resolution Authorizing City Staff, the City's Financial Advisor, and the City's Bond Counsel to Proceed with the Arrangements for the Sale of Community Development Corporation Sales Tax Revenue Refunding Bonds, Series 2006. RESOLUTION NO. 2483-2-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING APPROPRIATE PERSONNEL AND CONSULTANTS TO PROCEED WITH ARRANGEMENTS AND THE PREPARATION OF DOCUMENTS FOR THE ISSUANCE AND SALE OF REVENUE REFUNDING BONDS OF THE ALLEN COMMUNITY DEVELOPMENT CORPORATION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. 9. Adopt a Resolution Authorizing Execution of an Interlocal Agreement with the Town of Fairview Regarding the Design of Stacy Road from US 75 to Angel Parkway. RESOLUTION NO. 2484-2-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE TOWN OF FAIRVIEW, TEXAS, AUTHORIZING PARTICIPATION IN THE DESIGN OF STACY ROAD; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE 10. Authorize Execution of a Professional Engineering Services Contract with Birkhoff, Hendricks, & Conway, L.L.P. for the Design of Stacy Road from US 75 to Angel Parkway for an Amount not to exceed $659,610 and Establish a Preliminary Project Budget of $801,560. Council authorized the City Manager to execute the contract. 11. Award a Request for Proposal (RFP) and Authorize Execution of a Professional Services Contract with Economists.com to Prepare a Water and Sewer Cost of Service, Multi-year Financial Plan, and Rate Design Study for an Amount not to exceed $28,500. Council authorized the City Manager to execute the contract. 12. Award Bid and Authorize Execution of a Contract with PatCo Utilities, Inc. for the Construction of the West Allen Transmission Waterline for $3,046,193.92 and Establish a Project Budget of $3,650,000. Council authorized the City Manager to execute the contract. The motion carried. ® Councilmember Pacheco left the bench due to a conflict of interest. © 13. TABLED ITEM: Conduct a Public Hearing and Adopt an Ordinance Approving the Formation of Reinvestment Zone No. 28 Located at the Southwest Corner of Venture Drive ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 14, 2006 PAGE and US 75 in Millennium Corporate Center and Approve a Tax Abatement Agreement for a Six -story, 120,000 Square Foot Office Building being Developed by Duke Realty Limited Partnership. MOTION: Upon a motion made by Councilmember McGregor and a second by Mayor Pro Tem Fulk, the Council voted six (6) for and none (0) opposed to remove this item from the table. The motion carried. 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. 2485-2-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING REINVESTMENT ZONE NO 28 (DUKE REALTY LIMITED PARTNERSHIP); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL -INDUSTRIAL TAX ABATEMENT, CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE, MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Stout, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2485-2-06 as previously captioned, approving the formation of Reinvestment Zone No. 28 and authorize the Mayor to execute documents necessary to provide the proposed tax abatement schedule of 50% for 10 years in support of the construction of a six -story, 120,000 square foot office building by Duke Realty Limited Partnership at the southwest comer of Venture Parkwav and LIS 75 in Millennium Corporate Center The motion carried. Councilmember Pacheco returned to his seat at the Council bench. 14. TABLED ITEM: Adopt an Ordinance to Amend the Zoning from "CC" Corridor Commercial and a Portion of "PD" Planned Development No. 66 for "CC" Corridor Commercial to "PD" Planned Development No. 99 for "CC" Corridor Commercial Uses on 63t Acres Located at the Southwest Corner of West Bethany Drive and US 75. (Garden District at Montgomery Farm) MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to remove this item from the table. The motion carried. ORDINANCE NO. 2486-2-06: 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 `CC" CORRIDOR COMMERCIAL DISTRICT AND "PD" PLANNED DEVELOPMENT DISTRICT TO `PD" PLANNED DEVELOPMENT FOR MIXED USES BY ESTABLISHING PLANNED DEVELOPMENT NO. 99 ON 63.241 ACRES IN THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500, MICHAEL SEE SURVEY, ABSTRACT NO. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 14, 2006 PAGES 543, AND THE RUFUS SEWELL SURVEY, ABSTRACT NO. 875, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO (THE "PROPERTY"); PROVIDING FOR A CONCEPT PLAN ATTACHED AS EXHIBIT "B"; PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "C; 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 Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2486-2-06 as previously captioned, amending the zoning from "CC" Corridor Commercial and a portion of "PD" Planned Development No. 66 for "CC" Corridor Commercial to "PD" Planned Development No. 99 for "CC" Corridor Commercial uses on 63.24+ acres located at the southwest comer of W Bethany Drive and US 75. The motion carried. 15. TABLED ITEM: Adopt an Ordinance Amending the Zoning for Portions of "PD" Planned Development No. 72 for "CC" Corridor Commercial Uses to "B3" and "R4" Residential Uses on 731 Acres Located Northeast of Stacy Road and South of Ridgeview Drive. (Saddleridge) 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 remove this item from the table. The motion carried. ORDINANCE NO. 2487-2-06: 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 AMENDING PLANNED DEVELOPMENT NO, 72 BY GRANTING A CHANGE IN ZONING FOR TRACT B4 FROM "CC" CORRIDOR COMMERCIAL TO `R3" AND "R4" RESIDENTIAL USE; BEING 73.5041 ACRES IN THE H. SEABORN AND R. F CLEMENTS SURVEY, ABSTRACT NO, 879, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR A CONCEPT PLAN ATTACHED AS EXHIBIT "B", PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "C", 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 Pacheco and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2487-2-06 as previously captioned, amending the zoning for portions of "PD" Planned Development No. 72 for "CC" Corridor Commercial uses to "R3" and "R4" Residential uses on 73+ acres located northeast of Stacy Road and south of Ridgeview Drive. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 14, 2006 16. Calendar. • April 8 — Springfest • August 18-20 —Budget Workshop 17. Items of Interest. The regular session recessed at 7 39 p.m Executive Session PAGE In accordance with the Texas Government Code, Personnel, Section 551 074, the Allen City Council convened into Executive Session at 7:55 p.m on Tuesday, February 14, 2006, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • Personnel–Pursuant to Section 551.074 of the Texas Government Code to Discuss: i Annual Performance Review of City Manager The Executive Session adjourned at 9:55 p on on Tuesdav, February 14, 2006. 18. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 9:55 p.m. on Tuesday, February 14, 2006, 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 Mayor Pro Tem Fulk and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to increase the City Manager's compensation by 5% over his current compensation level. The motion carried. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Session of the Allen City Council at 9:57 p.m on Tuesday, February 14, 2006. The motion carried. These minutes approved on the 28' day of February, 2006. APPROVED: ATTEST: StepheA Terrell, MAYO Shelley B. George, TRMC, CITY SECRETARY