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Min - City Council - 2003 - 03/25 - RegularALLEN CITY COUNCIL REGULAR MEETING MARCH 25, 2003 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obenneyer (absent) Susan Barden y Jeff McGregor City Staff: Peter H. Vargas, City Manager Shelley B. George, City Secretary Peter G Smith, 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 7:02 p.m. on Tuesday, March 25, 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 "Dinosaurs of Texas' Exhibit • Discussion Regarding an Ordinance Prohibiting Smoking in Public Areas of Businesses except in Designated Smoking Areas • Briefing Regarding the Proposed Resolution Declaring the City's Intent to Reimburse Certain Project Expenditures Paid with Funds on Hand from Proceeds of the Sale of Tax Exempt Obligations Issued in the Spring of 2004 Pledee of Alleeiance Girl Scout Troop #0069 presented the United States Bag and led the City Council and the Audience in the Pledge of Allegiance. Public Recoenition 2. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING MARCH 25, 2003 PAGE 2 3. Tom Keener, Development Coordinator with the Allen Public Library, will brief the City Council regarding the upcoming "Dinosaurs of Texas" Exhibit that is sponsored by the Friends of the Library and will be held in the Allen Public Library from April 12th through May 28th. 4. Presentation of Proclamations by the Office of the Mayor. • Presentation of a Proclamation to Tim Derider, Parks Director, and Susan Campbell, Urban Forester of the Parks and Recreation Department, proclaiming April 5, 2003, as Arbor Dal,. • Presentation of a Proclamation to Barbara Buehler, Director of the Allen Public Library, proclaiming April 6-12, 2003, as National Library Week • Presentation of a Proclamation to Bret McCullough, Chief Building Official, proclaiming April 6-12, 2003, as International Building Safety Week Consent Aaenda MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to approve and adopt the consent agenda as follows: 5. Approve Minutes of the March 11, 2003, Regular Meeting. 6. Adopt a Adopt a Resolution Authorizing the Sale of General Obligation Bonds, Series 2003, in the Approximate Amount of $7,210,000. RESOLUTION NO. 2146-3-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING A DATE FOR THE SALE OF BONDS; AUTHORIZING APPROPRIATE PERSONNEL AND CONSULTANTS TO PROCEED WITH ARRANGEMENTS AND THE PREPARATION OF DOCUMENTS FOR THE ISSUANCE AND SALE OF SUCH BONDS AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. Adopt a Resolution Declaring an Expectation to Reimburse Project Expenditures for the East Bethany Drive and the Senior Center Projects Paid with Funds on Hand from Proceeds of the Sale of Tax Exempt Obligations Issued in the Spring of 2004. RESOLUTION NO. 2147-3-03(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 SETTING AN EFFECTIVE DATE. 8. Adopt a Resolution Authorizing Consent for the Acquisition, Construction, Reconstruction, and Equipping of a Health Care Facility — Presbyterian Hospital of Allen — as Required Pursuant to Section 221.030 of the Texas Health and Safety Code. ALLEN CITY COUNCIL REGULAR MEETING MARCH 25, 2003 PAGE RESOLUTION NO. 2148-3-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN. COLLIN COUNTY. TEXAS, CONSENTING TO ACQUISITION, CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILITATION AND EQUIPPING OF A HEALTH CARE FACILITY, THE ISSUANCE OF BONDS TO FINANCE SUCH FACILITY, AND PROVIDING AN EFFECTIVE DATE. 9. Award Rebid and Authorize Execution of a Contract with Quality Ironworks, Inc. for the Installation of a new Wrought Iron Fence at Ford Pool. Council authorized the City Manager to execute a contract with Quality Ironworks, Inc. for the installation of a new wrought iron fence at Ford Pool in the amount of $26,462. 10. Receive the CIP (Capital Improvement Program) Status Report. The motion carred. Regular Agenda 11. Accept the 2001-2002 Comprehensive Annual Financial Report (CAFR) as Presented by Weaver and Tidwell, L.L.P. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Bartlemay, the Council voted five (5) for and none (0) opposed to accept the 2001-2002 Comprehensive Annual Financial Report. The motion carred. 12. Conduct a Public Hearing and Adopt an Ordinance Approving Specific Use Permit No. 94 for a Restaurant/Private Club on if Acre of Land Located at the Northeast Corner of West 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. 2149-3-03: 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. 94 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. ALLEN CITY COUNCIL REGULAR MEETING MARCH 25, 2003 PAGE MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No. 2149-3-03 as previously captioned. The motion carried. 13. Conduct a Public Hearing and Adopt an Ordinance Amending the Text of the Allen Land Development Code, Article VII, Sign Regulations, Section 7.09. 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. 2150-3-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE BY ARTICLE VII, SECTION 7.09, BY AMENDING THE SIGN REGULATIONS REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember McGregor, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No. 2150-3-03 as previously captioned The motion carried. 14. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code, Article VIII, Subdivision Regulations, Section 8.10.1 to Provide for Pro Rata Reimbursement Charges for Water and Sewer Extensions. 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. 2151-3-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ARTICLE VIII, SUBDIVISION REGULATIONS OF THE ALLEN LAND DEVELOPMENT CODE BY AMENDING SECTION 8.10.1 TO PROVIDE FOR PRO RATA REIMBURSEMENT CHARGES FOR WATER AND SEWER EXTENSIONS, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED 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 Stout, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No. 2151-3-03 as previously captioned. The motion carried. 15. Consider an Appointment to Place No. 5 of the Keep Allen Beautiful Board. ALLEN CITY COUNCIL REGULAR MEETING MARCH 25, 2003 PAGE 5 MOTION: Upon the recommendation of the Nominating Committee, the Council voted five (5) for and none (0) opposed to appoint D. Sue Berry to fill the unexpired term in Place No 5 of the Keep Allen Beautiful Board and set a term expiration date of September 30, 2003. The motion carred. 16. Calendar. • April 5 — Arbor Day Celebration/Watters Crossing Park/10 a.m. • April 7 —TRIAD Meeting/ Ronald E. Gentry Fire Training Center/6.00 p.m. 17. Items of Interest. Executive Session The Executive Session was not held. 18. Reconvene and Consider Action on Items Discussed during Executive Session. auiuuru MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor, the Council voted five (5) for and none (0) opposed to adjourn the regular session of the Allen City Council at 7,41 p m. on Tuesday, March 25, 2003. The motion carred These minutes approved on the 8' day of April, 2003. APPROVED: Stepheh Terrell, MAYOR V4W1*1F Shelley B. Gear MC , TR, CIT ECRETARY