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Home My WebLink AboutMin - City Council - 2003 - 08/26 - RegularPresent: Stephen Terrell, Mayor Couneilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Peter G Smith, City Attorney (Absent) David Dodd, 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 7:18 p.m on Tuesday, August 26, 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 Location for the "Cancer Wall of Hope" Monument • Briefing Regarding the Concept Plan Concerning Possible Zoning for a 529 -Acre Tract of Land Bounded by SH 121 to the North, Stacy Road to the South, Chelsea Boulevard to the East, and Watters Road to the West Discuss Appointments to Fill Expiring Terms and Vacancies on the Boards and Commissions Items discussed at the Budget Workshop held August 15-17, 2003, in Pottsboro, Texas, included: Changing Demographics of Texas Overview of Budgets Police Department Presentation Fire Department Presentation Economic Development and Hotel/Motel Fund Community Services Department Presentation Parks Department Presentation Capital Improvement Program (CIP) ALLEN CITY COUNCIL REGULAR MEETING AUGUST 26, 2003 Present: Stephen Terrell, Mayor Couneilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Peter G Smith, City Attorney (Absent) David Dodd, 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 7:18 p.m on Tuesday, August 26, 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 Location for the "Cancer Wall of Hope" Monument • Briefing Regarding the Concept Plan Concerning Possible Zoning for a 529 -Acre Tract of Land Bounded by SH 121 to the North, Stacy Road to the South, Chelsea Boulevard to the East, and Watters Road to the West Discuss Appointments to Fill Expiring Terms and Vacancies on the Boards and Commissions Items discussed at the Budget Workshop held August 15-17, 2003, in Pottsboro, Texas, included: Changing Demographics of Texas Overview of Budgets Police Department Presentation Fire Department Presentation Economic Development and Hotel/Motel Fund Community Services Department Presentation Parks Department Presentation Capital Improvement Program (CIP) ALLEN CITY COUNCIL REGULAR MEETING AUGUST 26, 2003 PAGE 2 11 • Update on Personnel Related Items Pledge of Allegiance Public Recognition Citizens' Comments Council recognized members of Boy Scout Troop #328 for working on merit badges in citizenship One of the requirements for the merit badge is for the scout to attend a City Council meeting. Presentation by Frank Bonet and Dick Hayes, Representatives of the Plano Area Interfaithla Cluster of Dallas Area Interfaith, Regarding Health Care for the Indigent and Poor of Collin County. Presentation of Certificates by the Mayor to Seven Allen Police Department Explorers in Recognition of the Awards Earned at the Explorer Academy in Tyler. Sergeant Blackburn assisted the Mayor in recognizing the Allen Police Department Explorer Post 2000: Officer Matt Jurica Lieutenant Megan Winti Officer Todd Avery Sergeant Lindsey Kufel Corporal Gilbert Castillo Officer Stephanie Robinette Captain Ryan Slicker Consent Aeenda 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 approve and adopt the consent agenda as follows: Approve Minutes of the July 22, 2003, Regular Meeting. Adopt an Ordinance Amending the Code of Ordinances by Repealing Section 10-1(c) of Article 1 of Chapter 10, "Offenses -Miscellaneous" to Reflect Changes in State Law Effective September 1, 2003, that Prohibits a Person Duly Licensed by the State of Texas from Carrying a Concealed Handgun on the Premises of any Municipal Court or Offices Utilized by the Court. ORDINANCE NO. 2198-8-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 10-1(c) OF ARTICLE I OF CHAPTER 10, "OFFENSES - MISCELLANEOUS" TO REFLECT CHANGES IN STATE LAW EFFECTIVE SEPTEMBER 1, 2003, THAT PROHIBITS A PERSON FROM CARRYING A CONCEALED HANDGUN ON THE PREMISES OF ANY MUNICIPAL COURT OR OFFICES UTILIZED BY THE COURT, PROVIDING A SEVERABILFFY CLAUSE; PROVIDING A REPEALING CLAUSE, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 26, 2003 PAGE 6. Adopt an Ordinance Abandoning Street Right -of -Way Depicted on the Final Plat of Twin Creeks Phase IVB between Brenham Court and Granger Drive, East of Comanche Drive. ORDINANCE NO. 2199-8-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING A STREET RIGHT-OF-WAY DESCRIBED IN EXHIBTT "A," DEPICTED IN EXHIBITS 'B." AND "C, PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED; PROVIDING FOR THE INDEMNIFICATION OF THE CITY OF ALLEN AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT, AND PROVIDING AN EFFECTIVE DATE. Adopt a Resolution Approving the Business Diversity Policy. RESOLUTION NO. 2200-8-03: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING A BUSINESS DIVERSITY POLICY, AND PROVIDING FOR AN EFFECTIVE DATE. 8. Adopt a Resolution Authorizing Execution of Interlocal Agreements with the Cities of Wylie, Prosper, Lucas, and Parker and the Plano Independent School District for use of the 800 MHz Trunked Radio System Owned by the Cities of Allen, Plano, and Frisco. RESOLUTION NO. 2201-8-03: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ATTACHED INTERLOCAL COOPERATION AGREEMENTS BY AND AMONG THE CITIES OF ALLEN, FRISCO, AND PLANO, WITH THE CITIES OF WYLIE, PROSPER, LUCAS, AND PARKER, AND THE PLANO INDEPENDENT SCHOOL DISTRICT FOR THE USE OF THE TRUNKED RADIO SYSTEM OWNED BY THE CITIES OF ALLEN, FRISCO, AND PLANO; AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENTS BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. 9. Authorize Execution of an Agreement with the First Christian Church of Allen for Relocation of the Church Structure and Redevelopment of the Property at the Northwest Corner of Allen Drive and Main Street. Council authorized the City Manager to execute an agreement with the First Christian Church of Allen for relocation of the church structure and redevelopment of the property at the northwest comer of Allen Drive and Main Street. 10. Authorize Execution of a Purchase Order through the Houston -Galveston Area Council of Governments Authorized Vendor, Philpott Motor Company, for an Amount not to Exceed $15,944.50, for the Purchase of One Ford Taurus Vehicle to be used as a "Pooled Fleet Vehicle" for City Employees. it. Approve the Amended and Restated Economic Development Agreement between the City, the Allen Economic Development Corporation, the Allen Community Development Corporation, E and Chelsea Allen Development L.P. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 26, 2003 PAGE 12. Authorize Execution of Discretionary Service Agreements with the Oncor Electric Delivery Company for Relocation of Overhead Power Lines to Underground Status along Allen Drive (from McDermott Drive north to the Vita Building), Coats Drive (from Allen Drive to Butler Drive), and Butler Drive (from Coats Drive north through the new library site) for an Amount not to Exceed $417,838.03. Council authorized the City Manager to execute a Discretionary Service Agreement with the Oncor Electric Delivery Company for relocation of overhead power lines to underground status along Allen Drive, Coats Drive, and Butler Drive for an amount not to exceed $417,838.03. 13. Receive the Quarterly Financial Report for the Period Ending June 30, 2003. 14. Receive the Quarterly Investment Report for the Period Ending June 30, 2003. 15. Receive the Summary of Property Tax Collections as of June 2003 and July 2003. 16. Receive the CIP (Capital Improvement Program) Status Report. The motion carred. Regular Aeenda. 17. 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 heanng and asked for anyone speaking either for or against the request to do so. With no one speaking, Mayor Terrell closed the public hearing. 18. Conduct a Public Hearing on the Tax Rate as Required by Texas Truth -in -Taxation Law. Mayor Terrell opened the public heanng and asked for anyone speaking either for or against the request to do so. With no one speaking, Mayor Terrell closed the public hearing. MOTION: Upon a motion made by Mayor Pro Tem Falk and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to set September 9, 2003, at 7'00 p in. at Allen City Hall, 305 Century Parkway, Allen, Texas, as the date, time and location of the vote on the proposed tax rate for FY 2003-2004. The motion carried. 19. Adopt the Following Regarding the City of Allen Field Utilization Policy: �+ A. Adopt an Ordinance Establishing the Field Utilization Policy Regarding Guidelines for ■ the Management and Use of Athletic Facilities; ALLEN CITY COUNCIL REGULAR MEETING AUGUST 26, 2003 PAGE 5 ORDINANCE NO. 2202-8-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 11, PARKS AND RECREATION, BY ADDING ARTICLE HI WHICH ESTABLISHES GUIDELINES FOR THE COMPREHENSIVE AND EFFECTIVE USAGE OF INDOOR AND OUTDOOR ATHLETIC FACILITIES CONTROLLED BY THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 approve and adopt Ordinance No. 2202-8-03 as previously captioned. The motion carried. B. Adopt a Resolution Establishing a Fee Structure for the Use of Athletic Facilities. RESOLUTION NO. 2203-8-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING A FEE SCHEDULE FOR THE USE OF ATHLETIC FACILITIES; REPEALING PREVIOUS FEE SCHEDULES FOR THE USE OF THE ATHLETIC FACILITIES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Pacheco, the Council voted seven (7) for and none (0) opposed to approve and adopt Resolution No. 2203-8-03(R) as previously captioned. The motion carred. 20. Award Bid and Authorize Execution of a Contract with J&J Sprinkler & Landscape, Inc. in the Amount of $834,400 for the General Site Construction Work for the Allen Civic Plaza Project. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to execute a contract with J&J Sprinkler & Landscape, Inc. in the amount of $834,400 for the General Site Construction work for the Allen Civic Plaza Project. The motion carried. Other Business. 21. Calendar. • August 28 — Early Voting begins for September 13" Constitutional Amendment Election • September 1 — City Facilities Closed in Observance of Labor Day Holiday • September 29 —TRIAD Meeting/6:00 p.m./Gentry Fire Training Facility 22. Items of Interest. The regular session recessed at 8.49 p.m. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 26, 2003 IExecutive Session. PAGE In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072; Personnel, Section 551.074; Staff Presentations, Section 551.075; the Allen City Council convened into Executive Session at 9:10 p in. on Tuesday, August 26, 2003, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • Briefing Regarding Risk/Vulnerability Assessment of City Infrastructure • Briefing Regarding Economic Development Incentive Project The Executive Session adjourned at 9:53 p.m on Tuesday, August 26, 2003. 23. 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, August 26, 2003, 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 Obermeyer, the Council voted seven (7) for and none (0) opposed to approve an annual sales tax rebate in support of the location of Stacy Furniture to 111 N. Central Expressway in the amount of �+ 50% of the City's 1% not to exceed $1,000,000 or 10 years, whichever occurs first; with the funds paid annually upon the anniversary date of the certificate of occupancy; and to authonu the City Manager to execute the appropriate documents. The motion carried. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10:00 p.m. on Tuesday, August 26, 2003. The motion carred. These minutes approved on the 9' day of September, 2003. APPROVED: Stephen Terrell, MAYOR ATTEST: Shelley B. GcorV, TRMC, CITY ECRETARY