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Min - City Council - 2003 - 02/11 - RegularALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2003 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Oberrneyer Susan Bartlemay Jeff McGregor City StafL• Peter H. Vargas, City Manager Shelley B. George, Acting City Secretary Peter G. Smith, 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 11 p.m. on Tuesday, February 11, 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 Civic Plaza • Briefing Regarding the Allen Drive Streetscape 1. Citizens' Comments. • Mr Maurice Fitzgerald, 1812 Travis Drive, Allen, Texas, commented on the lack of street signs on FM 2551, east of Allen Heights, at the entrances to the subdivisions. 2. Present a Plaque -of -Appreciation to Ms. Lisa Ellrich, Former Member of the Allen Arts Alliance. • Ms. Lisa Ellnch, who was unavailable to attend the meeting, will be mailed her plaque -of - appreciation for her service on the Allen Arts Alliance ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2003 PAGE 2 3. Administer Oaths -of -Office and Present Certificates -of -Appointment to the Newly Appointed Members of the Allen Arts Alliance and the Keep Allen Beautiful Board. Mayor Terrell administered the Oaths -of -Office and presented the Certificates -of -Appointment to the following newly appointed board members. David B. Sterling Allen Arts Alliance Term expires September 30, 2004 Brian Casstevens Keep Allen Beautiful Tenn expires September 30, 2004 4. Presentation of a Proclamation by the Office of the Mayor. • Mayor Terrell presented a Proclamation to John Baumgartner, Director of Engineering and the Engineering Department, Proclaiming February 16-22, 2003, as National Engineers Week MOTION: Upon a motion made by Councilmember Stout 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: 5. Approve Minutes of the January 28, 2003, Regular Meeting. 6. Adopt an Ordinance Approving a Request for Abandonment of a 30 -foot Prescriptive Right -of - Way Easement on Property Located near the Southeast Corner of Custer Road and SH 121. ORDINANCE NO. 2138-2-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING A STREET RIGHT-OF-WAY EASEMENT DESCRIBED IN EXHIBITS "A," 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. 7. Adopt a Resolution Ordering the May 3, 2003, General Election and Authorizing Execution of a Contract with the Elections Administrator of Collin County to Provide Election Services and Execute a Joint Election Agreement with the Allen Independent School District for the May 3, 2003, General Election. RESOLUTION NO. 2139-2-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ORDERING A JOINT ELECTION TO BE HELD ON MAY 3, 2003, FOR THE PURPOSE OF ELECTING THE CITY COUNCILMEMBERS FOR PLACE NOS 1, 3, AND 5; DESIGNATING LOCATION OF POLLING PLACE; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION; AND PROVIDING AN EFFECTIVE DATE. P ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2003 PAGE 3 1 8. Set Tuesday, May 6, 2003, as the Date for the Canvass of the General Election. 9. Award Bid and Authorize Execution of a Contract with Expanets for the Purchase for a Lucent Definity Upgrade for Voice Mail and add a Carrier on the Definity Switch. Council authorized the City Manager to execute a contract and issue a purchase order to Expanets for the purchase of the Lucent Definity Upgrade in the amount of $23,620.54. 10. Award Bid and Authorize Execution of a Purchase Order to Century Industries, LLC for the Purchase of a Mobile Sound Shell Stage. City Council authorized the City Manager to issue a purchase order to Century Industries, LLC for the purchase of the Mobile Sound Shell Stage for an amount not to exceed $105,257 11. Approve the Classification and Compensation Plan Submitted by The Waters Consulting Group, Inc. City Council accepted and approved the Classification and Compensation Plan as prepared by The Waters Consulting Group, Inc. and authorized implementation of the plan for April 2003. 12. Authorize Execution of the North Texas Municipal Water District Solid Waste Transfer Station Memorandum of Understanding. Council authorized the City Manager to sign the North Texas Municipal Water District Solid Waste Transfer Station Memorandum of Understanding and accepted the recommendations presented to improve solid waste operations at the three transfer stations. 13. Approval of Acknowledgement and Consent to Assignment of Tax Abatement Agreement in Reinvestment Zone #9 from Alcatel USA Sourcing, LP to Sanmina Texas, LP. Council approved the Acknowledgement and Consent to Assignment of Tax Abatement Agreement in Reinvestment Zone #9 from Alcatel USA Sourcing, LP to Sanmina Texas, LP for the facility located at 105 Bethany Drive. 14. Receive the Quarterly Investment Report for Period Ending December 31, 2002. 15. Receive the Quarterly Financial Report for Period Ending December 31, 2002. 16. Receive the Summary of Property Tax Collections as of December 2002. The motion carred. C ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2003 PAGE 4 1 Regular Agenda 17. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from AO - Agriculture -Open Space to CF -Community Facilities on Property Located South of McDermott Drive and West of Tatum Road. 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. 2140-2-03: 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 "CF" — COMMUNITY FACILITIES DISTRICT FOR 22.0981 ACRES IN THE JAMES WILCOX SURVEY, ABSTRACT NO. 1017, 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 Mayor Pro Tem Fulk and a second by Counalmember Stout, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 2140-2-03 as previously captioned. The motion carred. 18. CONTINUED ITEM: Conduct a Public Hearing and Adopt an Ordinance Approving the 2002-2022 Comprehensive Plan. Mayor Terrell stated the public hearing was still open and asked for anyone speaking either for or against the request to do so. Mr Pat Hagerty, 3756 Wood Shadow Lane, Addison, Texas, representing Campbell Property in Area 10, requested that the City Council keep an open mind when considering quality developments presented for zoning. With no one else 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 the adoption of the 2002-2002 Comprehensive Plan to the February 25, 2003, regular meeting. The motion carried. 19. Motion to Confirm, Reverse, or Modify the Decision of the Sign Control Board Regarding the Requests for Sign Variance for Eaton Court located at 102 W. McDermott Drive, 202 S. Austin Drive and 105 W. Belmont Drive. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2003 PAGE 5 MOTION: Upon a motion made by Mayor Pro Tem Folk and a second by Councilmember Stout, the Council voted six (6) for and none (0) opposed to reverse the decision of the Sign Control Board regarding the requests for sign variance at 102 W McDermott Drive, 202 S. Austin Drive, and 105 W Belmont Drive and to grant a variance for each tract to allow 1-2 signs for a total copy area of 6.5 square feet on each tract. The motion carred. 20. Calendar. • February 17 — First Day for Council Candidates to File for the May 3rd Election • February 17-19 —Collin County Legislative Day in Austin • March 1 —City Council Strategic Planning Session/Hilton Garden Inn/8:30 a.m. 21. Items of Interest. The regular session recessed at 11:05 p.m. Executive Session In accordance with the Texas Government Code, Legal, Section 551.071(2), the Allen City Council convened into Executive Session at 1106 p.m. on Tuesday, February 11, 2003, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • PersonnelPursuantto Section 551 074 of the Texas Government Code Regarding Appointment of the City Secretary The Executive Session adjourned at 11 40 p.m on Tuesday, February 11, 2003. 22. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 11.40 p.m. on Tuesday, February 11, 2003, in the Council Chambers of the Allen City Hall. No action was taken on items discussed during Executive Session. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obeimeyer, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:41 p.m. on Tuesday, February 11, 2003. The motion carred. C ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2003 PAGE 6 IThese minutes approved on the 251h day of February. 2003. ATTEST: Shelley B. Geo ACTING CIW SECRETARY H L APPROVED: Stephen Terrell, MAYOR