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Home My WebLink AboutMin - City Council - 2003 - 01/28 - RegularALLEN CITY COUNCIL REGULAR MEETING JANUARY 28, 2003 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Susan Bartlemay Jeff McGregor City Staff: Peter H Vargas, City Manager Shelley B. George, Acting City Secretary Peter G. Smith, Attorney (absent) Bob Hager, Assistant 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 7:12 p.m. on Tuesday, January 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 • Briefing Regarding the Proposed Amendments to the Boards/Commissions Selection Policy • Briefing Concerning the National Pollution Discharge Elimination Systems (NPDES) Pledge of Allegiance 1. Citizens' Comments. • Steve Matthews, Area Manager for Oncor, introduced Kevin Slay as the new Area Manager for Allen, McKinney and surrounding cities. 2. Presentation of award by the Office of the Mayor. • Presentation of a Shining Star Award to Mr. Ams Odeh. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 28, 2003 PAGE 2 I Consent Aizenda MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember McGregor, the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda as follows: 3. Approve Minutes of the January 14, 2003, Regular Meeting. 4. Adopt a Resolution Endorsing Legislative Changes to Senate Bill 7 Supported by the Cities Aggregation Power Project. RESOLUTION NO. 2133-1-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ENDORSING CERTAIN LEGISLATIVE CHANGES TO S.B. 7 SUPPORTED BY CITIES AGGREGATION POWER PROJECT, INC., AND PROVIDING AN EFFECTIVE DATE. 5. Adopt a Resolution Approving Amendments to the City of Allen Investment Policy. RESOLUTION NO. 2134-1-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN AMENDED POLICY FOR THE INVESTMENT OF MUNICIPAL FUNDS, AND PROVIDING AN EFFECTIVE DATE 6. Authorize Execution of a Facilities Agreement for Land Acquisition and Construction of Bel Air Drive with Members of the Montgomery Family, First Mile Road, Inc. and Others. Council authorized the City Manager to execute the Facilities Agreement for land acquisition and construction of Bel Air Drive with members of the Montgomery Family, First Mile Road, Inc. and others 7. Award Bid and Authorize Execution of a Contract with Master North America, Inc. for an Annual Contract for Maintenance of City -Owned Street Lights. Council authorized the City Manager to execute a contract with Mastec North America, Inc. for an Annual Contract for maintenance of City -owned street lights for an amount of $102,868. 8. Approve a Change Order to the Professional Services Contract for Clark Condon Associates Regarding Allen Station Park. City Council authorized the City Manager to execute a Change Order to the $435,000 professional services contract with Clark Condon Associates, Inc., in the amount of $156,550 for a total design budget of $591,500. 9. Authorize a Contract with O'Brien Engineering, Inc. for a Floodplain Evaluation of Cottonwood Creek within Allen Station Park. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 2S, 2003 PAGE City Council authorized the City Manager to execute a contract with O'Brien Engineering, Inc. for an amount of $43,100 for a floodplain evaluation of Cottonwood Creek in Allen Station Park. 10. Authorize the City Manager to Execute a Two -Year Financial Advisory Agreement with SWS Securities, Inc. for Financial Advisory Services. Il. Accept Resignations from Ms. Lisa Gallagher Enrich, Allen Arts Alliance, Place No. 2, and Mr. Neal Friedman, Keep Allen Beautiful, Place No. 6, and Declare Vacancies. 12. Receive the CIP (Capital Improvement Program) Status Report. The motion carried. Regular Agenda 13. Conduct a Public Hearing and Adopt an Ordinance Approving Specific Use Permit No. 93 for a Restaurant/Private Club on 33 Acres of Land Located at 2023 W. McDermott Drive, Suite #220. 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. 2135-1-03: 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 SPECIFIC USE PERMIT NO 93 FOR A RESTAURANT WITH PRIVATE CLUB FOR PROPERTY ZONED PLANNED DEVELOPMENT NO. 56, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS, PROVIDING FOR APPROVING OF THE FLOOR PLAN AND SITE PLAN ATTACHED HERETO AS EXHIBITS "B" AND "C" RESPECTIVELY, 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 Mayor Pro Tem Falk and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No 2135-1-03 as previously captioned. The motion carred. 14. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning on 453 Acres of Land from AO -Agriculture Open Space to CC -Corridor Commercial near the Southeast Corner of Custer Road and SH 121. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 28, 2003 PAGE 4 IWith no one speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2136-1-03: 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 "AO" - AGRICULTURE -OPEN SPACE DISTRICT TO "CC" — CORRIDOR COMMERCIAL DISTRICT FOR 45.7381 ACRES IN THE SHADRICK JACKSON SURVEY, ABSTRACT NO. 489, 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 Councilmember Oberrneyer, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No 2136-1-03 as previously captioned. The motion carried. 15. Conduct a Public Hearing and Adopt an Ordinance Approving the 1002-1022 Comprehensive Plan. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. No one spoke on this request. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout, the Council voted six (6) for and none (0) opposed to continue the public hearing for consideration of adoption of the 2002-2022 Comprehensive Plan to the February 11, 2003 Regular Council Meeting. The motion carred. 16. Consider Appointments to Fill Vacancies on Various City Boards. MOTION: Upon the recommendation of Councilmember Stout and Mayor Pro Tem Fulk, the Council voted six (6) for and none (0) opposed to approve the Interview Committee's recommendation of David Sterling to complete the unexpired tern in Place No. 2 of the Allen Arts Alliance and Brian Casstevens to complete the unexpired term in Place No. 6 of the Keep Allen Beautiful Board and set a tern expiration date for both Places of September 30, 2004. The motion carried. 17. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code, Article VH, Zoning Development Standards, Sections 7.03.5 and 7.07, and Article VIII, Subdivision Regulations, Section 8.10, Relating to the Requirements for Placement of Utility Services. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the I request to do so. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 28, 2003 PAGE 5 With no one speaking, Mayor Terrell closed the public hearing. MOTION: Upon a motion made by Councilmember Bartlemay, and a second by Councdmember Obermeyer, the Council voted six (6) for and none (0) opposed to table discussion on this item until after the Executive Session The motion carred Other Business 18. Calendar. • February 17 — First Day for Council Candidates to File for the May 3, 2003, Election • February 17-19 — Collin County Legislative Day in Austin 19. Items of Interest. The regular session recessed at 7'37 p.m. In accordance with the Texas Government Code, Legal, Section 551.071; Property, Section 551.072; Personnel, Section 551074; Staff Presentations, Section 551075; the Allen City Council convened into Executive Session at 7:55 p.m. on Tuesday, January 28, 2003, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • LegalPursuantto Section 551 071 of the Texas Government Code Seeking Legal Advice Concerning Pending Litigation -SOAR Docket No. 473-02-1833, Public Utility Commission Docket No. 254291 Appeal of Outer from an Ordinance of the City of Allen The Executive Session adjourned at 824 p.m. on Tuesday, January 28, 2003. 20. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 8:30 p.m. on Tuesday, January 28, 2003, in the Council Chambers of the Allen City Hall The following action was taken on items discussed during Executive Session. ORDINANCE NO. 2137-1-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ARTICLE VII ZONING DEVELOPMENT REGULATIONS SECTION 7 03 5 AND SECTION 707 AND ARTICLE VIII SUBDIVISION REGULATIONS SECTION 8.10 OF THE ALLEN LAND DEVELOPMENT CODE, AS PREVIOUSLY AMENDED, AMENDING REQUIREMENTS FOR THE UPGRADING AND REINFORCEMENT OF OVERHEAD UTILITIES BY DELETING THE REQUIREMENTS FOR EXTENSION OF UNDERGROUND UTILITIES, BY DELETING THE REQUIREMENTS FOR THE UPGRADING OF WOODEN POLES WITH METAL OR CONCRETE POLES AND BY DELETING THE REQUIREMENT FOR COSTS TO BE ASSUMED BY THE SERVICE �.^ PROVIDER FOR THE INSTALLATION OF UNDERGROUND UTILITIES, PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A ALLEN CITY COUNCIL REGULAR MEETING JANUARY 28, 2003 PAGE SAVINGS CLAUSE: PROVIDING FOR 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 Obermeyer and a second by Councilmember Stout, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No 2137-1-03 as previously captioned. The motion carried. Adiourn MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Fulk, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:32 p.m. on Tuesday, January 28, 2003 The motion carried. These minutes approved on the 1 P" day of February, 2003. APPROVED: Stephen Terrell, MAYOR ATTEST: Shelley B. Georg , CTING CITY S RETARY P