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HomeMy WebLinkAboutMin - City Council - 2003 - 09/23 - RegularPresent: Stephen Terrell, Mayor Councilmembers: 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 Workshop Meeting of the Allen City Council was called to order by Mayor Terrell at 6 10 p.m. on Tuesday, September 23, 2003, in the Council Conference Room of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. • Discussion Regarding and Appointment to the Vacant Position on the Community Development Corporation Executive Session. In accordance with the Texas Local 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 6:30 p.m on Tuesday, September 23, 2003, in the Council Conference Room, 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: �• ➢ Consideration of Appointment to the Allen Community Development Corporation The Executive Session adjourned at 6:45 p in on Tuesday, September 23, 2003 ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2003 Present: Stephen Terrell, Mayor Councilmembers: 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 Workshop Meeting of the Allen City Council was called to order by Mayor Terrell at 6 10 p.m. on Tuesday, September 23, 2003, in the Council Conference Room of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. • Discussion Regarding and Appointment to the Vacant Position on the Community Development Corporation Executive Session. In accordance with the Texas Local 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 6:30 p.m on Tuesday, September 23, 2003, in the Council Conference Room, 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: �• ➢ Consideration of Appointment to the Allen Community Development Corporation The Executive Session adjourned at 6:45 p in on Tuesday, September 23, 2003 11 A ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2003 PAGE 2 Reconvene and Consider Action on Items Discussed during Executive Session. The Council reconvened into Workshop at 6:46 p.m. Adjournment. The Workshop was adjourned at 6'55 p.m. Regular Meetine. With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7:02 p.m on Tuesday, September 23, 2003, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Pledge of Alleeiance Public Recoenition 1. Citizens' Comments. 2. Administer Oaths -of -Office and Present Certificates -of -Appointment to the Newly Appointed and Reappointed Members of the Various City Boards and Commissions. Arts Alliance Expiration Date Place No. 1 Sylvia Lynn Moore September 30, 2005 Place No. 3 Jennifer Kiser September 30, 2005 Place No. 5 Susan Butler September 30, 2005 Place No. 7 Sandi Acheson September 30, 2005 Board of of AdiustmenlBuildm�& Standards Com. Com Expiration Date Place No. 1 Edward S. McRoy September 30, 2005 Place No. 3 Robert Moreno September 30, 2005 Place No. 5 Jeff Cocking September 30, 2005 Alternate Place No 1 Steven L. Knack September 30, 2005 Alternate Place No. 2 Doug Dreggors September 30, 2004 Community Development Corporation Expiration Date Place No. 1 W Lee Howard September 30, 2005 Place No. 3 Lonnie Thomas September 30, 2005 Place No. 5 Richard Kessler September 30, 2005 Place No. 7 Debbie Stout September 30, 2005 Economic Development Economic Development Coloration Expiration Date Place No. 1 Kenneth Fulk September 30, 2006 Place No. 2 Tim Wood September 30, 2006 11 I ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2003 PAGE 3 Keep Allen Beautiful Expiration Date Place No. 1 Patricia Buckley September 30, 2005 Place No 3 Cynthia Magar Ferguson September 30, 2005 Place No. 5 D Sue Berry September 30, 2005 Place No. 7 Dan Jenkins September 30, 2005 Library Board Expiration Date Place No 1 Julia Elms September 30, 2005 Place No. 3 George Christian September 30, 2005 Place No. 5 John C. Ross, Jr. September 30, 2005 Place No. 7 W.K. "Cal' Calvin September 30, 2005 Parks and Recreation Board Expiration Date Place No. 1 Benny Ferguson September 30, 2005 Place No. 3 Vicki Wester September 30, 2005 Place No. 5 Cheryl Lawson September 30, 2005 Place No. 7 Gary Alan Moore September 30, 2005 Planning and Zoning Commission Expiration Date Place No. 1 Alan Gnmes September 30, 2005 Place No. 3 Gary Stocker September 30, 2005 Place No. 5 Gary Caplinger September 30, 2005 Place No. 7 Robin Scdlacek September 30, 2005 Sign Control Board Expiration Date Place No. 1 Eric Biggers September 30, 2005 Place No 3 Frank Brown September 30, 2005 Place No 5 Griffith Moore September 30, 2005 3. Presentation of Proclamations by the Office of the Mayor. • Presentation of a Proclamation to Assistant Chief/Fire Marshal Craig Gillis Proclaiming the Week of October 5-11, 2003, as Fire Prevention Week. • Presentation of a Proclamation to George Elwell, Vice President, NAMI Collin County, Proclaiming the Week of October 5-11, 2003, as Mental Illness Awareness Week. 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: 4. Approve Minutes of the September 9, 2003, Regular Meeting. 5. Adopt an Ordinance Amending Chapter 9, Article V, Division 2, Section 9-137 of the Code of Ordinances to Designate Certain Portions of Kenshire Court, Glendover Drive, Landsford ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2003 PAGE Drive, Scottsman Drive, Macrae Court, Tartan Drive, and Lomond Court as School Zones for Kerr Elementary School. ORDINANCE NO. 2218-9-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION OF VEHICLES," DIVISION 2, "SPEED REGULATIONS," SECTION 9-137(b), TO AMEND SUBSECTION (15) TO DESIGNATE CERTAIN PORTIONS OF KENSHIRE COURT, GLENDOVER DRIVE, LANDSFORD DRIVE, SCOTTSMAN DRIVE, MACRAE COURT, TARTAN DRIVE, AND LOMOND COURT AS SCHOOL ZONES FOR KERR ELEMENTARY SCHOOL WITH A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY (20) MILES PER HOUR FOR MOTOR VEHICLES, PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE 6. Adopt a Resolution Nominating a Representative to the Board of Directors for the Central Appraisal District of Collin County and Casting Votes for the Representative. RESOLUTION NO. 2219-9-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PLACING IN NOMINATION THE NAME OF GARY RODENBAUGH FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY; CASTING BALLOTS FOR THE BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN ACCORDANCE WITH SECTION 6.03 (g) OF THE STATE PROPERTY TAX CODE; DIRECTING THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION; AND PROVIDING AN EFFECTIVE DATE 7. Adopt a Resolution Authorizing Execution of the Necessary Documents Ratifying the Cities Aggregation Power Project (CAPP) with its Selected Retail Electric Provider (REP) and Approve a Power Supply Agreement for a Period of Twelve to Twenty-four Months. RESOLUTION NO. 2220-9-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT PURSUANT TO THE CONTRACT TO BE SIGNED BY CITIES AGGREGATION POWER PROSECT, INC FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2004; AND PROVIDING AN EFFECTIVE DATE. 8. Adopt a Resolution Renewing and Extending the Policy Statement for Tax Abatement Guidelines for the City of Allen. RESOLUTION NO. 2221-9-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, RENEWING THE POLICY STATEMENT FOR TAX ABATEMENT GUIDELINES; AND PROVIDING AN EFFECTIVE DATE. i ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2003 PAGE 5 9. Award Proposal and Authorize Execution of a Contract with Ratcliff Constructors, L.P., as the General Contractor, in the Amount of $6,969,600 for the Construction of the Central Library and Civic Auditorium. Council authorized the City Manager to execute a contract with Ratcliff Constructors, L.P, the General Contractor, offering the `Best Value' to the City for the construction of the Central Library and Civic Auditorium in the amount of $6,969,600. 10. Authorize Execution of a Contract with proforma architecture, Inc., in an Amount not to Exceed $358,575 for the Architectural/Engineering Design Development Services for the Allen Senior Citizens Recreational Facility. Council authorized the City Manager to execute a contract with proforma architecture, me in an amount not to exceed $358,575 (which includes $16,000 in reimbursables), to provide Architectural/Engineenng Design Development Services for the Allen Senior Citizens Recreational Facility. it. Authorize Execution of a Contract for Professional Engineering Services with BW2 Engineers, Inc. for an Amount not to Exceed $41,257 in Connection with the Design of SL Mary Drive from Cedar Drive to Cottonwood Creek and Approve a Preliminary Budget of $53,000. Council authorized the City Manager to execute a professional engineering services contract with BW2 Engineers, Inc. for an amount not to exceed $41,257 in connection with the design of St. Mary Drive from Cedar Drive to Cottonwood Creek and approve a preliminary budget of $53,000 12. Authorize Execution of a Professional Engineering Services Contract with Birkhoff, Hendricks, and Conway, L.P., for an Amount not to Exceed $34,100 in Connection with the Design of the Water System Lighting Improvements. Council authorized the City Manager to execute a professional engineering services contract with Birkhoff, Hendricks, and Conway, L P., for an amount not to exceed $34,100 in connection with the design of Water System Lighting Improvements and establish a new project budget. 13. Award Bid and Authorize Execution of a Contract with Claymark Materials, Inc., in the Amount of $502,636.59 for the Construction and Redevelopment of Story Park and Establish a Total Project Budget of $631,668. Council authorized the City Manager to execute a contract with Claymark Materials, Inc., in the amount of $502,636.59 for the construction and redevelopment of Story Park and establish a total project budget of $631,668. 14. Reject All Bids Received for the Employee Assistance Program, Life and Disability (including Basic Life/Accidental Death & Dismemberment, Voluntary Life, Voluntary Short -Term Disability, Long -Term Disability) Coverage, the Section 125 Flexible Spending Program and Administration of COBRA and HIPAA. 15. Receive the Summary of Property Tax Collections as of August 2003. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2003 PAGE 6 16. Receive the CIP (Capital Improvement Program) Status Report. The motion carried. Regular Agenda. 17. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code, Article II -Sign Board, Article IV -Table 4.20.2, and Article VII -Exterior Favade Materials. 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. 2222-9-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY AMENDING ARTICLE II, ADMINISTRATION, SECTION 2.03.1 SIGN REGULATIONS TO REMOVE TERM LIMITS FOR SIGN BOARD MEMBERS, AMENDING ARTICLE IV, ZONING REGULATIONS, TABLE 4.20.2 SCHEDULE OF PRINCIPLE USES, TO REQUIRE A MINIMUM DISTANCE OF 500 FEET FROM ANY EXISTING RESIDENTIAL STRUCTURE FOR CONCRETE BATCH PLANTS (TEMPORARY), AND AMENDING ARTICLE VII, ZONING DEVELOPMENT STANDARDS, SECTION 7.03.2 EXTERIOR FAQADE MATERIALS TO CLARIFY THE REQUIREMENT FOR 100% MASONRY CONSTRUCTION; PROVIDING A SEVERABB.ITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING 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 Councdmember Bartlemay and a second by Councdmember McGregor, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No 2222-9-03 as previously captioned The motion carried. 18. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code, Article VII -Table 7.22 and Section 7.09.8.1 -Political Signs. 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. 2223-9-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REPEALING IN ITS ENTIRETY SECTION 7.09.8.1, OF THE ALLEN LAND DEVELOPMENT CODE AND ADDING A NEW SECTION 7.09.7.1, POLITICAL SIGNS, AND AMENDING TABLE 722 THAT REFLECTS THE NEW STATE LAW, PROVIDING A REPEALING CLAUSE; A SEVERABILITY CLAUSE; PROVIDING A ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2003 PAGE SAVINGS CLAUSE, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE; AND AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember McGregor and a second by Mayor Pro Tem Fulk, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No 2223-9-03 as previously captioned. The motion carred 19. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning on 188f Acres of Land from MF -24 Multifamily, R-4 Residential and R-7 Residential to TH- Townhome, R-4 Residential, R-5 Residential, R-6 Residential, and R-7 Residential on Property Located East of SH 5 and South of Stacy Road. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. Bret Pedigo with Centex Homes, 2800 Surveyor Blvd., Carrollton, Texas, spoke in favor of the item. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to continue the public hearing to the October 14, 2003, Council Meeting The motion carried. 20. Consider Making an Appointment to Fill the Vacancy of the Community Development Corporation. MOTION: Upon a motion made by Mayor Pro Tem Folk and a second by Councilmember Obemieyer, the Council voted seven (7) for and none (0) opposed to confirm the appointment of George Chnsman, as nominated by the Council Nominating Committee, to complete the unexpired term in Place No. 2 of the Community Development Corporation and set a term expiration date of September 30, 2004 The motion carried. Other Business. 21. Calendar. • September 29 — TRIAD Meeting/6.00 p.m./Gentry Fire Training Facility • October 25 — Booville Family Camival/Joe Farmer Recreation Center/1-5 p.m. • October 25 — ACO Fall Dinner Dance/Southfork Ranch 22. Items of Interest. E ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2003 PAGE S IExecutive Session. The Executive Session was not held 23. Reconvene and Consider Action on Items Discussed during Executive Session. MOTION: Upon a motion made by Councdmember Stout and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:30 p.m. on Tuesday, September 23, 2003 The motion carried. These minutes approved on the 10 day of October, 2003. APPROVED: S�ep�en Tfrrell, OR ATTEST: Shelley B. Georg , RMC, CI ECRETARY