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Home My WebLink AboutMin - City Council - 2004 - 02/10 - RegularALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2004 Call to Order and Announce a Ouorum 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 7:04 p.m. on Tuesday, February 10, 2004, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: • Introduction of Melanie Jones, Sign Control Board Chair • Briefing Regarding the Franchise Issues Concerning Underground Utilities Pledge of Allegiance Public Recoenition Citizens' Comments. Council recognized members of Boy Scout Troop Nos. 594 (Church of Latter Day Saints), 708, and 1299 (Suncreek Methodist Church) 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. Present: Stephen Terrell, Mayor Councilmembere: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Oberrneyer Mark Pacheco (absent) Susan Bartlemay Jeff McGregor City Stag: 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 Ouorum 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 7:04 p.m. on Tuesday, February 10, 2004, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: • Introduction of Melanie Jones, Sign Control Board Chair • Briefing Regarding the Franchise Issues Concerning Underground Utilities Pledge of Allegiance Public Recoenition Citizens' Comments. Council recognized members of Boy Scout Troop Nos. 594 (Church of Latter Day Saints), 708, and 1299 (Suncreek Methodist Church) 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. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2004 PAGE 2. Melanie Jones, Chair of the Sign Control Board, will Present the Sign Control Board's Annual Report. 3. Presentation of a Certificate -of -Appreciation to Ms. Jeannie Haines, Former Member of the Keep Allen Beautiful Board. Ms. Haines was unable to attend. Her certificate will be mailed to her. 4. Recognition of the Police Department as the Recipient of the National `Buckle Up Award'. 5. Recognition of the Finance Department as the Recipient of the'GFOA (Government Finance Officer's Association) Certificate of Achievement for Excellence in Financial Reporting Award' for the Fiscal Year Ending 2002. Consent Agenda MOTION: Upon a motion made by Mayor Pro Tem Falk and a second by Counmlmember McGregor, the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda as follows. 6. Approve Minutes of the January 27, 2004, Regular Meeting. 7. Approve Minutes of the February 2, 2004, TRIAD Meeting of the City Council, Allen Independent School District Board of Trustees, and the Chamber of Commerce Executive Committee. 8. Adopt an Ordinance Approving a Request for Abandonment of the Right -of -Way Shown as Old Tatum Road, being the Extension of Tatum Drive South of Alma Drive. ORDINANCE NO. 2259-2-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN TATUM DRIVE (OLD ALMA ROAD) WITHIN TRACT 7 OF ABSTRACT NO. 1017 AND BEING MORE PARTICULARLY ILLUSTRATED IN EXHIBIT "A" ATTACHED HERETO; 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, TEXAS, AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE ABANDONMENT, AND PROVIDING FOR AN EFFECTIVE DATE. 9. Adopt a Resolution Approving and Authorizing Execution of an Interlocal Agreement among the Cities of Allen, Frisco, and Plano, Pertaining to the Creation of a Performing Arts Center in Collin County, Texas; Approving the Articles of Incorporation and Bylaws of the Arts of Collin County Commission, Inc.; and Approving Non -substantive Changes in Documents. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2004 PAGE RESOLUTION NO. 2260-2-04(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 AMONG THE CITY OF ALLEN, TEXAS, CITY OF FRISCO, TEXAS, AND CITY OF PLANO, TEXAS, PERTAINING TO THE CREATION OF A PERFORMING ARTS CENTER IN COLLIN COUNTY, TEXAS; APPROVING THE ARTICLES OF INCORPORATION OF THE ARTS OF COLLIN COUNTY COMMISSION, INC.; APPROVING BYLAWS OF THE ARTS OF COLLIN COUNTY COMMISSION, INC., AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL OTHER DOCUMENTS THEREIN; APPROVING NON -SUBSTANTIVE CHANGES IN DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. 10. Adopt a Resolution Declaring an Expectation to Reimburse Water and Sewer System Project Expenditures with Proceeds from the Spring 2004 Water and Sewer Revenue Bond Issue. RESOLUTION NO. 2261-2-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT, AND PROVIDING FOR AN EFFECTIVE DATE. 11. Award Bid and Authorize Execution of a Contract with North Texas Contracting, Inc. in the Amount of $5,502,491.80 for the Construction and Development of Allen Station Park, Phase II, and Set the Construction Budget at $5,829,598. Council authorized the City Manager to execute a contract with North Texas Contractors, Inc. in the amount of $5,502,491.80 for the construction and development of Allen Station Park, Phase Il, and set construction budget at $5,829,598. 12. Award Bid and Authorize Execution of a Contract with JDC Construction for an Amount not to exceed $137,000 for the Construction of a Storage Building at Allen Central Fire Station. Council authorized the City Manager to execute a contract with JDC Construction for the construction of a storage building at Allen Central Fire Station in an amount not to exceed $137,000. 13. Authorize Execution of a Contract with Nextel of Texas, Incorporated, d/b/a Nextel Communications for a Five -Year Term Contract with an Option for Five Additional Five -Year Terms at $20,000 per Year with a Rate Increase of 15% Each Term for Cellular Antennae to be Placed on the Custer Water Tower. Council authorized the City Manager to execute a contract with Nextel of Texas, Incorporated, d/b/a Nextel Communications for a five-year term contract with an option for five additional five-year terms at $20,000 per year with a rate increase of 15% each term, for cellular antennae to be placed on the Custer Water Tower !" 14. Authorize Execution of a Real Estate Sales Contract for the Right -of -Way for the East Bethany Drive Widening, Phase 11 Project with Ms. Lois P. Williams for an Amount of $165,000 plus Closing Casts. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2004 PAGE Council authorized the City Manager to execute the real estate sales contract for the right-of-way for the East Bethany Drive Widening, Phase 11 Project with Lois P Williams for an amount of $165,000 plus closing costs 15. Authorize Execution of a Professional Engineering Services Contract with Halff Associates, Inc. for an Amount not to exceed $286,800 in Connection with the Design of the West Allen Transmission Waterline. Council authorized the City Manager to execute a professional engineering services contract with Halff Associates, Inc for an amount not to exceed $286,800 in connection with the design of the West Allen Transmission Waterline. The motion carried. Re¢ular Aeenda. 16. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit (SUP) No. 96 for a Restaurant/Private Club on It Acre of Land Located at 1008 W. McDermott Drive, Suite 600, being the Northeast Corner of W. McDermott Drive and Benton Drive. 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. 2262-2-04: 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. 96 FOR A RESTAURANT WITH PRIVATE CLUB FOR PROPERTY ZONED PLANNED DEVELOPMENT NO. 54, 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 Councilmember Stout and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 2262-2-04 as previously captioned. The motion carried. 17. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit (SUP) No. 97 for a Restaur int/Private Club on It Acre of Land Located at 604 W. Bethany Drive, Suite 107, being the Northeast Corner of Bethany Drive and US 75. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2004 PAGE 5 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. 2263-2-04: 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. 97 FOR A RESTAURANT WITH PRIVATE CLUB FOR PROPERTY ZONED PLANNED DEVELOPMENT NO. 68, 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 Councilmember McGregor and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 2263-2-04 as previously captioned The motion carried. 18. Consider Making an Appointment to Fill a Vacancy on the Keep Allen Beautiful Board. 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 confirm the appointment of John Kelley, as nominated by the Council Nominating Committee, to complete the unexpired term in Place No. 4 of the Keep Allen Beautiful Board and set a term expiration date of September 30, 2006. The motion carried. Other Business. 19. Calendar. • March 7-9— National League of Cities/Washington, D.C. • March 8-12 — AISD Spring Break 20. Items of Interest. Mayor Pro Tem Falk congratulated the Escadrille on receiving the Sadler Shield Award from the John Philip Sousa Foundation. He encouraged citizens to attend the award ceremony on February 16, 2004, at 7:00 p.m. in the Allen High School Gymnasium. Councilmember Bartlemay announced that the Allen Special Olympics Banquet is planned for February 14, 2004, at South Fork Ranch and encouraged everyone to participate. The regular session recessed at 7 32 p.m. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2004 PAGE 6 Executive Session In accordance with the Texas 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 7:50 p.m. on Tuesday, February 10, 2004, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • Property — Pursuant to Section 551.072 of the Texas Government Code — Purchase of Real Property • Personnel — Pursuant to Section 551.074 of the Texas Government Code — Performance Review of the City Manager The Executive Session adjourned at 8:35 p in. on Tuesday, February 10, 2004. 21. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 8:46 p.m. on Tuesday, February 10, 2004, 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 Folk and a second by Councilmember Bardemay, the Council voted six (6) for and none (0) opposed to provide the City Manager with a 7% merit increase to his base salary The motion carried. Adjourn 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 adjourn the regular session of the Allen City Council at 8:50 p.m. on Tuesday, February 10, 2004. The motion carried. These minutes approved on the 24ih day of February, 2004. GVIY11*1@ .�� Shelley B. Geo , TRMC, CI SECRETARY L APPROVED: Stephen MAYOR —