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Min - City Council - 2006 - 08/22 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 22, 2006 Present: Stephen Terrell, Mayor Councilmembers: Susan Bartlemay, Mayor Pro Tem ou,t,d it 724 p m) Debbie Stout Ross Obermeyer Mark Pacheco Gary L Caplinger Jeff McGregor City Staff: Peter H Vargas, City Manager Shelli Siemer, Assistant City Manager iebsemn Shelley B. George, City Secretary Pete Smith, City Attorney Workshop Session With a quorum of the Councilmembers present, the Workshop Session of the Allen Citv Council was called to order by Mayor Terrell at 6:17 p.m. on Tuesday, August 22, 2006, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: Update regarding Transportation Issues With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7 02 p in. on Tuesday, August 22, 2006. Call to Order and Announce a Quorum is Present With a quorum of the Councilmembers present, the Regular Meeting of the Allen Citv Council was called to order by Mayor Terrell at 7.10 p.m. on Tuesday, August 22, 2006, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledee of Alleeiance Public Recoenition 1. Citizens' Comments. Consent Aeenda ALLEN CITY COUNCIL REGULAR MEETING AUGUST 22, 2006 PAGE 2 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 adopt the consent agenda as follows* 2. Approve Minutes of the August 8, 2006, Regular Meeting. 3. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with Collin County Regarding the Construction of West Exchange Parkway in Phase I and Amend the Project Budget to $2,250,000. RESOLUTION NO. 2544-08-06(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 COLLIN COUNTY, TEXAS, AUTHORIZING PARTICIPATION IN THE CONSTRUCTION OF WEST EXCHANGE PARKWAY, AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. 4. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Texas Department of Transportation to Reverse the Southbound Exit and Entrance Ramps on US 75 from Chase Oaks to Bethany Drive. RESOLUTION NO. 2545-8-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT MADE BY AND THROUGH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, TO REVERSE THE SOUTHBOUND EXIT AND ENTRANCE RAMPS ON US 75 FROM CHASE OAKS BOULEVARD TO BETHANY DRIVE; AND PROVIDING AN EFFECTIVE DATE. 5. Authorize the City Manager to Purchase Nineteen Replacement Vehicles for Various Departments Through the Houston -Galveston Area Council of Governments' Contractors, Philpott Motors and Caldwell Country Chevrolet, for an Amount Not to Exceed $426,790.28. 6. Authorize the City Manager to Execute a Contract with Nile Business Trust d/b/a FleetBoss for the Purchase and Installation of Global Positioning Satellite Tracking Systems and Associated Software for the City's GPS Fleet Management System Totaling $90,027. The motion carried. RegularA�enda Mayor Pro Tem Bartlemay took her seat at the Council bench. 7. Conduct a Public Hearing on the Budget as Required by Article IV, Section 4.04 of the Allen City Charter. Mayor Terrell opened the Public Hearing and asked anyone wishing to speak for or against this item to do so at this time. Jack Moore, 1419 Rivererest Boulevard, Allen, Texas, expressed concern regarding the tax rate. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 22, 2006 lWax" DWI Larry, Richmond, 1415 Rivercrest Boulevard, Allen, Texas, commented on the special programs funded by the Parks and Recreation Fund and the granting of tax abatements to businesses Leonard Catanach, 410 Imperial Drive, Allen, Texas, spoke in support of the budget. With no one else speaking, Mayor Terrell closed the Public Hearing. Mayor Terrell announced that the next Public Hearing on this item will be held at a Special Called Meeting on August 29, 2006, with adoption of the budget scheduled at the September 12, 2006, Regular Meeting. 8. Conduct a Public Hearing on the Tax Rate. Mayor Terrell opened the Public Hearing and asked anyone wishing to speak for or against this item to do so at this time. With no one speaking, Mayor Terrell closed the Public Hearing. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obennever, the Council voted seven (7) for and none (0) opposed to set the City Council meeting date of September 12, 2006, at 7.00 PM at Allen City Hall, 305 Century Parkway, Allen, Texas, to vote on the proposed tax rate of $.558 per $100 of the certified appraised value for the Fiscal Year 2006-2007 budget The motion carried. 9. Conduct a Public Hearing and Adopt an Ordinance to Amend PD Planned Development No. 96 to Allow R-6 Single Family Residential on 30.97± Acres of Land Located North of Alma at the Bethany Drive Intersection. Mayor Terrell opened the Public Hearing and asked anyone wishing to speak for or against this item to do so at this time. The following individual expressed opposition to Agenda Items 9 and 10: Pete March, 1201 Sonoma Drive, Allen, Texas The following individuals expressed opposition to Agenda Items 9, 10 and 11 Pete Young, 1128 Hampton Drive, Allen, Texas; Steve Norton, 1131 Be] Air Drive, Allen, Texas; Jeff Plymaz 1204 Bel Air Drive, Allen, Texas; Jon Favard, 411 Suncreek Drive, Allen, Texas; Debbie Walters, 1127 Hampton Drive, Allen, Texas, Jim Pickett, 1012 Alameda Court, Allen, Texas; Edward Ramirez, 1227 Covina Court, Allen, Texas; Will Richardson, 512 Riverside Court, Allen, Texas; Randy Boys, 1003 Westwood Court, Allen, Texas; Jodie Gonzales, 404 Bel Air Court, Allen, Texas; Bill Jones, 1223 Covina Court, Allen, Texas, Christopher Mattes, 315 Flagler Court, Allen, Texas; Marty Wigder, 1415 San Mateo Drive, Allen, Texas; Sue Boyette, 513 Riverside Court, Allen, Texas; Shelley Stelmach, 1235 Irvine Drive, Allen, Texas; Laura Patterson, 1124 Bel Air Drive, Allen, Texas; An D Entremont, 106 San Mateo Court, Allen, Texas; Nancy Breazeal, 1009 Madera Court, Allen, Texas; Shawn McGuire, 610 Bel Air Drive, Allen, Texas; Dianne Massey, 505 Irvine Court, Allen, Texas, Jeff Jarabek, 311 Cordova Drive, Allen, Texas; Fred Pasmore, 202 Tatum Drive, Allen, Texas; Barbara Pasmore, 202 Tatum Drive, Allen, Texas; Daniel Hatton, 410 San Mateo Drive, Allen, Texas; Carol Leever, 1419 Imperial Drive, Allen, Texas; William Climber, 607 Williams Drive, Allen, Texas, Nicole Favard, 411 Suncreek Drive, Allen, Texas, Daniel ALLEN CITY COUNCIL REGULAR MEETING AUGUST 22, 2006 PAGE Mieczkowski, 1214 Newberry Drive, Allen, Texas; Michael Cobaugh, 1415 Tulare Court, Allen, Texas; Merrie Cypert, 1000 Alameda Court, Allen, Texas The following individuals expressed opposition to Agenda Items 10 and 11 Robert Stack, 400 Irvine Drive, Allen, Texas, Stephanie Walton, 1231 Newberry Drive, Allen, Texas; Brett Woods, 1137 Hampton Drive, Allen, Texas; Robert Piazza, 514 Irvine Drive, Allen, Texas; Brent Schoonover, 1203 Sonoma Drive, Allen, Texas; Bryan Griffin, 1013 Madera Court, Allen, Texas; Tricia Griffin, 1013 Madera Court, Allen, Texas, Nancy Piazza, 514 Irvine Drive, Allen, Texas, Brad Linscott, 1217 Irvine Drive, Allen, Texas The following individual expressed opposition to Agenda Item 11. Steve Ekoom, 107 Fontana Court, Allen, Texas The following individuals expressed support of the request: Neil Fonville, 411 Woodbridge Drive, Allen, Texas, Joy Thornhill, 112 San Mateo Court, Allen, Texas; Sue Johnson, 107 Haven Place, Allen, Texas With no one else speaking, Mayor Terrell closed the Public Hearing Mayor Terrell reopened the Public Hearing. MOTION: Upon a motion by Mayor Pro Tem Bardemay and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to continue the Public Hearing on this item to the September 12, 2006, Regular Meeting The motion carried. 10. Conduct a Public Hearing and Adopt an Ordinance Granting a Change of Zoning from PD Planned Development No. 76 for R-5 Residential and A -O Agriculture Open Space, to Amend PD Planned Development No. 96 to Allow TH Townhome and LR Local Retail on 18.59+ Acres of Land Located on the Northeast Corner of Bethany Drive and Alma Drive. Mayor Terrell announced the City Secretary had accepted and verified written opposition from property owners within 200 feet of the zoning request property and the Planning and Development Director confirmed that 21.8% of the 200 foot protested area was computed. The Council must have a super majority vote in order to approve the zoning request as required by Section 4.06, Changes and Amendments, of the Allen Land Development Code Mayor Terrell opened the public hearing on this item. MOTION: Upon a motion by Councilmember McGregor and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to continue the public hearing for this item to the September 12, 2006, Regular Meeting. The motion carried. 11. Conduct a Public Hearing and Adopt an Ordinance Granting a Change of Zoning from PD Planned Development No. 76 for R-5 Residential and A -O Agriculture Open Space, to Amend PD Planned Development No. 96 to Allow R-7 Residential and TH Townhome, and CF Community Facilities on 16.80± Acres of Land Located Southeast of Bethany Drive and Alma Drive. Mayor Terrell opened the Public Hearing on this item. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 22, 2006 PAGES MOTION: Upon a motion by Councilmember McGregor and a second by Councilmember Caplinger, the Council voted seven (7) for and none (0) opposed to continue the Public Hearing on this item to the September 12, 2006, Regular Meeting. The motion carried. Other Business 12. Calendar August 29 — Special Called City Council Meeting for Public Hearings on the Fiscal Year 2007 Budget and Tax Rate 13. Items of Interest Executive Session The Executive Session was not held. 14. Reconvene and Consider Action on Items Discussed during Executive Session. Adiourn MOTION: Upon a motion made by Councilmember Stout and a second by Mayor Pro Tem Bartlemay, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 9:50 p.m, on Tuesday, August 22, 2006. The motion carried. These minutes approved on the 12" day of September, 2006. APPROVED: Stephen'Fermi], MAYOR ATTEST: Shelley B. Geo , CITY SECR ARY