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Min - City Council - 2007 - 02/13 - RegularL11 Present: Stephen Terrell, Mayor Councilmembers: Susan Bartlemay, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Gary L. Caplinger Jeff McGregor (absent) City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary EPete Smith, City Attorney Workshop Session ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 13, 2007 With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:10 p.m. on Tuesday, February 13, 2007, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: • Introduction of Patricia Buckley, Chair of the Keep Allen Beautiful Board • Discussion of Proposed Charter Amendments • Discussion Regarding the Proposed Amendments to the Allen Land Development Code and the Code of Ordinances • Committee Updates from City Council Liaisons o Library Board With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7.01 p.m on Tuesday, February 13, 2007 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.m, on Tuesday, February 13, 2007, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge ofAlleianceofAlle-lance Public Recognition ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 13, 2007 PAGE 2 1 1. Citizens' Comments. 2. Presentation of Proclamations by the Office of the Mayor: • Proclamation to Representatives of the Allen Public Library, Proclaiming February, 2007, as, "Love Your Library Month." • Proclamation to Representatives of the Keep Allen Beautiful Board and Parks and Recreation Department, Proclaiming February 24, 2007, as, "Arbor Day." 3. Presentation of Arbor Day Poster Contest Winners by the Keep Allen Beautiful Board. First Place: Erin Verdun Second Place (tie): Scott Steinbeiser and Sydney Hinegardner Third Place: Allison Ponthier 4. Patricia Buckley, Chair, presented Keep Allen Beautiful Board's Annual Report to the City Council. Consent Aeenda MOTION: Upon a motion made by Mayor Pro Tem Bartlemay and a second by Councilmember Obermeyer, Council voted six (6) for and none (0) opposed to adopt the consent agenda as follows with an amendment to Item 8 to include Option 2: 5. Approve Minutes of the January 20, 2007, City Council Strategic Planning Session. 6. Approve Minutes of the January 23, 2007, Regular Meeting. 7. Adopt an Ordinance Approving and Enacting Supplement No.3 to the Code of Ordinances. ORDINANCE NO. 2588-2-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 3 TO THE CODE OF ORDINANCES, PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY, PROVIDING A REPEAL OF CERTAIN ORDINANCES, PROVIDING EXCEPTIONS TO REPEAL, PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE 8. Adopt an Ordinance Ordering the May 12, 2007, General Election and the Special Election on Proposed Amendments for the Home Rule Charter, and Authorizing the City Manager to Enter into a Contract with the Elections Administrator of Collin County to Provide Election Services and to Execute a Joint Election Agreement with the Allen Independent School District. ORDINANCE NO. 2589-2-07AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ORDERING A JOINT ELECTION TO BE HELD ON MAY 12, 2007, FOR THE PURPOSE OF ELECTING CITY COUNCILMEMBERS FOR PLACE NOS. 4 AND 6; TO CONSIDER PROPOSED AMENDMENTS TO THE HOME RULE CHARTER OF THE CITY OF ALLEN; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE; PROVIDING FOR EARLY VOTING; MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 13, 2007 PAGE ELECTIONS, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 9. Adopt a Resolution Ordering a City Bond Election be held on May 12, 2007. RESOLUTION NO. 2590-2-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ORDERING A BOND ELECTION TO BE HELD IN THE CITY OF ALLEN, TEXAS, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. 10. Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Contract with David McCall of Gay, McCall, [snacks, Gordon, May & Roberts, P.C., for the Collection of Delinquent Taxes. RESOLUTION NO. 2591-2-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH AN ATTORNEY FOR THE COLLECTION OF DELINQUENT TAXES, AND PROVIDING AN EFFECTIVE DATE. it. Adopt a Resolution Accepting the Selective Traffic Enforcement Program (STEP) Grant from the State of Texas, Department of Transportation, if Awarded. RESOLUTION NO. 2592-2-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE STATE OF TEXAS, TO ACCEPT THE TEXAS DEPARTMENT OF TRANSPORTATION SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT IF AWARDED; AND PROVIDING AN EFFECTIVE DATE. 12. Authorize the City Manager to Execute a Professional Services Contract with Grantham and Associates for an Amount Not to Exceed $53,500, for the Alma Drive/Hedgcoxe Road Project and Establish a Project Budget of $100,000. 13. Authorize the City Manager to Execute a Real Estate Sales Contract with RDI McDermott for an Easement for the Jupiter Road Sanitary Sewer Replacement/Repair Project, for an Amount of $23,748, Plus Closing Costs. 14. Authorize the City Manager to Execute a Contract with Jim Bowman Construction for the Construction of the Sanitary Sewer Main Along Jupiter Road, from East Main Street to Cottonwood Creek, for an Amount Not to Exceed $473,791. 15. Authorize the City Manager to Execute a Contract with A & M Construction for the Construction of 1,075 Linear Feet of 12" Waterline along Exchange Parkway for $59,562.50, and Amend the Project Budget to $84,000. 16. Authorize the City Manager to Execute a Contract with H -B Construction, Inc. for an Amount of $26,283, for the Construction of the Chase Oaks Pavilion Enclosure Storefront Glazing. 17. Authorize the City Manager to Execute a Contract with H -B Construction, Inc. for an Amount ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 13, 2007 PAGE of $118,120, for the Construction of the Chase Oaks Pavilion Mechanical and Electrical. 18. Authorize the City Manager to Execute a Professional Services Agreement with Brandstetter Carroll, Inc. for a Renovation Master Plan of the Ford Pool Complex for an Amount of $68,000, and to Establish a Project Budget of $100,000. 19. Authorize the City Manager to Execute a Contract with Empire Environmental Group for an Amount of $14,700 for Asbestos Abatement at the Allenwood Park, and to Establish a Project Budget of $25,000. 20. Authorize the City Manager to Approve the Purchase of a Portable Use of Force Training Simulator through the Collin County Governmental Purchasers Forum's Contractor, Advanced Interactive Systems, for an Amount Not to Exceed $67,232. 21. Motion to Set August 10-12, 2007, as the Dates for the City Council Budget Work Session with City Council and Executive Staff. The motion carried. Regular Apenda 22. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code and Allen Code Of Ordinances By Amending: Article IV, Section 4.08, District Purpose And Supplemental Regulations; Section 4.15, Height and Area Regulations; Article VI, Section 6.03.1, Geographic Locations; Article VH, Section 7.03, Non -Residential Design Standards; Section 7.04, Off -Street Parking and Loading; Section 7.05, Landscaping Requirements; Section 7.06, Tree Preservation Requirements; Section 7.07, Fences & Walls; Section 7.09, Sign Regulations; Article VIH, Section 8.03, Plat Regulations; Section 8.05, Subdivision Standards; Section 8.11, Street Lights; Section 8.13, Drainage Requirements; Appendix A, Definitions; Appendix C, Trees and Plants; Appendix F, Standard Construction Details -Paving; Appendix G, Standard Construction Details -Drainage; Appendix H, Standard Construction Details - Water and Sanitary Sewer; Appendix I, Trail Design Standards; and, Adding Appendix M, Special Provisions to the North Central Texas Standard Specifications. 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 ORDINANCE NO. 2593-2-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS PREVIOUSLY AMENDED, BY AMENDING ARTICLE IV, SECTION 4.08, DISTRICT PURPOSE AND SUPPLEMENTAL REGULATIONS; SECTION 4.15, HEIGHT AND AREA REGULATIONS; ARTICLE VI, SECTION 6.03.1, GEOGRAPHIC LOCATIONS, �^ ARTICLE VII, SECTION 7.03, NON-RESIDENTIAL DESIGN STANDARDS; SECTION 7.04, OFF-STREET PARKING AND LOADING; SECTION 7.05, LANDSCAPING REQUIREMENTS, SECTION 7.06, TREE PRESERVATION REQUIREMENTS; SECTION 7.07, FENCES & WALLS, SECTION 7.09, SIGN REGULATIONS; ARTICLE VIII, SECTION 8.03, PLAT REGULATIONS, SECTION 8.05, SUBDIVISION STANDARDS; SECTION 8.11, STREET ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 13, 2007 PAGE 5 LIGHTS; SECTION 813, DRAINAGE REQUIREMENTS, APPENDIX A, DEFINITIONS, APPENDIX C, TREES AND PLANTS, APPENDIX F, STANDARD CONSTRUCTION DETAILS - PAVING; APPENDIX G, STANDARD CONSTRUCTION DETAILS -DRAINAGE; APPENDIX H, STANDARD CONSTRUCTION DETAILS -WATER AND SANITARY SEWER; APPENDIX 1, TRAIL DESIGN STANDARDS, AND, ADDING APPENDIX M. SPECIAL PROVISIONS TO THE NORTH CENTRAL TEXAS STANDARD SPECIFICATIONS; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 Obermeyer, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 2593-2-07, as previously captioned, amending the Allen Land Development Code by amending: Article IV, Section 4.08, District Purpose and Supplemental Regulations; Section 4.15, Height and Area Regulations; Article VI, Section 6.03.1, Geographic Locations; Article VII, Section 7.03, Non -Residential Design Standards; Section 7.04, Off -Street Parking and Loading; Section 7.05, Landscaping Requirements; Section 7.06, Tree Preservation Requirements; Section 7.07, Fences & Walls; Section 7.09, Sign Regulations, Article VIII, Section 8.03, Plat Regulations; Section 8.05, Subdivision Standards; Section 8.11, Street Lights; Section 8.13, Drainage Requirements; Appendix A, Definitions; Appendix C, Trees and Plants; Appendix F, Standard Construction Dctails-Paving; Appendix G, Standard Construction Details - Drainage; Appendix H. Standard Construction Details -Water and Sanitary Sewer; Appendix I, Trail Design Standards; and, Adding Appendix M, Special Provisions to the North Central Texas Standard Specifications. The motion carried. 23. Adopt an Ordinance Amending the Code of Ordinances, Chapter 6, Health and Environment, Article IV, Property Maintenance Code, Section 6-85, Exterior Grounds; Chapter 9, Motor Vehicles and Traffic, Article IX, Stopping, Standing and Parking, Division I, Generally, Section 9-227, Parking of Trucks, Tractors, Etc., in Residential Districts; Chapter 10, Offenses - Miscellaneous, Article 111, Smoking Regulations. ORDINANCE NO. 2594-2-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF ALLEN BY AMENDING CHAPTER 6, HEALTH AND ENVIRONMENT, ARTICLE IV, PROPERTY MAINTENANCE CODE, SECTION 6-85, EXTERIOR GROUNDS; CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, ARTICLE UC, STOPPING, STANDING AND PARKING GENERALLY, DIVISION 1, GENERALLY, SECTION 9-227, PARKING OF TRUCKS, TRACTORS, ETC., IN RESIDENTIAL DISTRICTS, PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000) 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 six (6) for and none (0) opposed to approve Ordinance No. 2594-2-07, as previously captioned, amending the Code of Ordinances by amending Chapter 6, Health and Environment, Article IV, Property Maintenance Code, Section 6-85, Exterior Grounds; Chapter 9, Motor Vehicles and Traffic, Article IX, Stopping, Standing and Parking, Division 1, Generally, Section 9-227, Parking of Trucks, Tractors, Etc., in Residential Districts with ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 13, 2007 1 the deletion of Chapter 10 amendments. The motion carried Other Business 24. Calendar. • February 23 — Eggs and Issues Breakfast with Collin County Judge Keith Self • February 24 — Arbor Day Celebration 25. Items of Interest. Executive Session The Executive Session was not held. 26. Reconvene and Consider Action on Items Discussed during Executive Session. PAGE MOTION: Upon a motion made by Councilmember Stout and a second by Mayor Pro Tem Bartlemay, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7:51 p.m. on Tuesday, February 13, 2007 The motion carried. These minutes approved on the 271h day of February, 2007 ATTEST: Shelley B. Geo ITY SECRE Y E APPRO Stepp Terrell, MAYOR