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Min - City Council - 2006 - 02/28 - RegularALLEN CITY COUNCIL ISI x1tu WA -110A l al all I GR', FEBRUARY 28, 2006 Present Stephen Terrell, Mayor Councilmembers: Kenneth Falk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor City Staff: With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6 15 p m. on Tuesday, February 28, 2006, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included. • Discussion Regarding Appointments to the 2006-2012 Capital hnprovement Program (CIP) Steering Committee • Briefing Regarding Drought Contingency and Emergency Water Conservation Measures, Rate Structures, and Enforcement With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:10 p.m. on Tuesday, February 28, 2006. 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 7.15 p.m. on Tuesday, February 28, 2006, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. 1 Pledee ofAlleeiance Public Recoenition Peter H. Vargas, City Manager t Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete Smith, City Attorney Workshop Session With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6 15 p m. on Tuesday, February 28, 2006, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included. • Discussion Regarding Appointments to the 2006-2012 Capital hnprovement Program (CIP) Steering Committee • Briefing Regarding Drought Contingency and Emergency Water Conservation Measures, Rate Structures, and Enforcement With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:10 p.m. on Tuesday, February 28, 2006. 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 7.15 p.m. on Tuesday, February 28, 2006, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. 1 Pledee ofAlleeiance Public Recoenition ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 28, 2006 1 1. Citizens' Comments. PAGE The Council recognized Boy Scouts from Troop 1299 in attendance as part of the requirement for eaming their citizenship in the community merit badges. 2. Briefing Regarding the Free Concert Opera Diva Svetlana Strezeva will Perform at the Allen Public Library Civic Auditorium on March 11, 2006, at 7:00 p.m. 3. Recognition of the City of Allen Employees by Ms. Robyn Mead, Development Associate with the American Red Cross, for their Disaster Relief Efforts for the Hurricane Victims. 4. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Robyn Mead, Development Associate with the American Red Cross, Proclaiming the Month of March as American Red Cross Month. • Presentation of a Proclamation to Representatives of the Purchasing Division Proclaiming the Month of March as Purchasing Month. • Presentation of a Proclamation to Keep Allen Beautiful Board Members and Representatives of the Community Services Department Proclaiming the Month of March as Smariscape Your Landscapes Month. • Presentation of a Proclamation to Craig Gillis, Assistant Chief/Fire Marshal, Proclaiming the 1 Week of February 26 — March 4, 2006, as Severe Weather Awareness Week. • Presentation of a Proclamation to Charles Pennington, Director of Marching Bands for the Allen High School, and Members of the Allen Escadrille on their Performance in the Rose Bowl Parade Proclaiming February 28, 2006, as Allen Eagle Escadrille Day. 5. Recognition of the Finance Department for Receiving the `GFOA (Government Finance Officers Association) Certificate of Achievement for Excellence in Financial Reporting Award' for the Fiscal Year Ending September 30, 2004. Consent Anemia MOTION: Upon a motion made by Councilmember Bartlemay 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. 6. Approve Minutes of the February 14, 2006, Regular Meeting. 7. Adopt a Resolution Ratifying the Settlement Agreement between the Steering Committee of Cities Served by TXU and TXU Electric Delivery. RESOLUTION NO. 2488-2-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ACCEPTING SETTLEMENT WITH TXU ELECTRIC DELIVERY, AND PROVIDING AN EFFECTIVE DATE. 8. Adopt a Resolution Approving Amendments to the Bylaws of the Arts of Collin County Commission, Inc. (ACC). ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 28, 2006 PAGE RESOLUTION NO. 2489-2-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AMENDMENTS TO THE BYLAWS OF THE ARTS OF COLLIN COUNTY COMMISSION, INC.: PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 9. Adopt a Resolution Authorizing an Interlocal Cooperation Agreement with U.S. Communities Government Purchasing Alliance for Supplier Contracts. RESOLUTION NO. 2490.2-06tR): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE; PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES, DESIGNATING THE CITY MANAGER OR DESIGNEE, AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS RELATING TO THE PROGRAM; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE AGREEMENT, AND PROVIDING THE EFFECTIVE DATE. 10. Award Bid and Authorize Execution of an Annual Contract with Ducky -Bob's Party Rentals, Inc. for an Annual Estimated Expenditure of $26,604.70 with Four One-year Options to Renew Under the Same Terms and Conditions for the Rental of Tents, Chairs, Tables, and Related Equipment for the Parks and Recreation Department. Council authorized the City Manager to execute the contract. it. Accept Resignations of Gary Caplinger, Planning and Zoning Commissioner, and Joey Herald, Parks and Recreation Board Member, and Declare Vacancies in Place No. 5 of the Planning and Zoning Commission and Place No. 6 of the Parks and Recreation Board. 12. Receive Financial Report for the Period Ending January 31, 2006. 13. Receive Investment Report for the Period Ending January 31, 2006. 14. Receive the CIP (Capital Improvement Program) Status Report. 15. Receive the Summary of Property Tax Collections as of January 2006. The motion carried. Reeular Aeenda 16. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning to Amend Portions of Planned Development No. 39 and a Portion of Planned Development No. 43 to Allow "R-3^ Single Family Residential Uses on 781 Acres of Land Located Southwest of Ridgeview Drive and Watters Road. (Shaddock Estates) 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. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 28, 2006 PAGE ORDINANCE NO. 2491-2-06: 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 AMENDING PLANNED DEVELOPMENT NO. 39 FOR TRACT 2 FROM '7T INDUSTRIAL TECHNOLOGY, AND PLANNED DEVELOPMENT NO. 43 TRACT 1 FROM "IT" INDUSTRIAL TECHNOLOGY BY GRANTING A CHANGE IN ZONING TO "R-3" RESIDENTIAL USES, BEING 78 63t ACRES IN THE FRANCES DOSSER SURVEY, ABSTRACT 280, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR A CONCEPT PLAN ATTACHED AS EXHIBIT "B", PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "C", 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 Folk and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2491-2-06 as previously captioned, amending the zoning for portions of "PD" Planned Development No. 39 and a portion of "PD" Planned Development No. 43 to allow for R-3 Single Family Residential uses on 78t acres located southwest of Ridgeview Drive and Watters Road, with the following stipulations: l) that the required open space be consolidated into one area within the development; and, 2) the perimeter screening wall and landscaping be similar to that in the adjacent subdivision Saddleridge. The motion carried. 17. Adopt a Resolution Establishing a Rental Fee Structure for the Park Pavilions, the Community Room Located in the Municipal Court/Parks and Recreation Building, the Allen Senior Recreation Center Multipurpose Room, Recreation Hall and Updating the Rental Fee Structure for the Lakeside Clubhouse at Bethany Lakes Park. RESOLUTION NO. 2492-2-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES FOR THE RENTAL OF PAVILIONS AND MISCELLANEOUS COMMUNITY ROOMS, PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 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 adopt Resolution No. 2492-2-06(R) as previously captioned, establishing a rental fee structure for park pavilions, the Parks and Recreation Community Room, Allen Senior Recreation Center Multipurpose Room, Recreation Hall and updating the rental fee structure for the Lakeside Clubhouse at Bethany Lakes Park. The motion carried 18. Adopt a Resolution Amending the Policy Governing Use of the Library Meeting and Board Rooms by Establishing a Rental Fee Structure. RESOLUTION NO. 2493-2-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING RESOLUTION NO. 2241-12-03(R), ESTABLISHING A FEE FOR USE OF THE LIBRARY MEETING ROOM AND THE LIBRARY ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 28, 2006 PAGE 5 BOARD ROOM; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2493-2-06(R) as previously captioned, amending Resolution No. 2241-12-03(R), establishing a fee for use of the library meeting room and the library board room. The motion cartied. 19. Motion to Appoint the 2006-2012 Capital Improvement Program (CIP) Steering Committee and Designate a Chair. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Pacheco, the Council voted seven (7) for and none (0) opposed to appoint the following individuals to the designated places on the 2006-2012 CIP Steering Committee: Steve Matthews as Chair of the Steering Committee; Bob Rothe as Chair of the Finance Subcommittee; David Bishop as Chair of the Parks/Recreation Subcommittee; Jim Waldbauer as Chair of the Streets/Drainage Subcommittee, Benny Ferguson as Chair of the Public Safety Subcommittee; and, Melissa Owen as Chair of the Public Facilities Subcommittee. The motion carried Other Business 20. Calendar. • March 9 — Special Called City Council and CIP Steering Committee Joint Workshop/7:00 p.m. • March 10 — City Government Day/Leadership Allen • March 10 — 4A/4B Training/Texas Economic Development Council/Abilene, TX • April 3 — TRIAD Meeting • April 13 — CIP Steering and Subcommittee Introductory Meeting/7:00 p.m. 21. Items of Interest. Councilmember Obermeyer announced that his son-in-law, Captain Major, will arrive back in the States on Saturday. Executive Session 22. Reconvene and Consider Action on Items Discussed during Executive Session. The Executive Session was not held. 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 adjourn the Regular Session of the Allen City Council at 8:35 p.m. on Tuesday, February 28, 2006. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 28, 2006 1 These minutes approved on the 10 day of March, 2006. ATTEST: Shelley B. George, CITY SECRffARY P APPROVED: Stephen Terrell, MAYOR PAGE 6