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Min - City Council - 2006 - 08/08 - RegularALLEN CITY COUNCIL REGULAR MEETING E AUGUST 8, 2006 Present: Stephen Terrell, Mayor Councilmembers: Susan Bartlemay, Mayor Pro Tem Debbie Stout Ross Obermever Mark Pacheco Gary Caplinger Jeff McGregor City Statf: Peter H. Vargas, City Manager 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, August 8, 2006, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas Items discussed in the workshop included: • Briefing Regarding North Texas Air Quality Status With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7 03 p in. on Tuesday, August 8, 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 7:07 p.m. on Tuesday, August 8, 2006, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge ofAlleeiance Public Recognition 1. Citizens' Comments. Concent Agenda ALLEN CITY COUNCIL REGULAR MEETING AUGUST 8, 2006 PAGE 2 MOTION: Upon a motion made by Councilmember Caplinger and a second by Councdmember Stout, the Council voted seven (7) for and none (0) opposed to remove Agenda Item No. 5 from the consent agenda and adopt the consent agenda as follows: 2. Approve Minutes of the July 25, 2006, Regular Meeting. 3. Adopt an Ordinance Authorizing Amendments to the Allen Police Department's Promotional Process. ORDINANCE NO. 2541-8-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE PERSONNEL POLICY FOR THE CITY OF ALLEN POLICE DEPARTMENT, PROVIDING A REPEALING CLAUSE: PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 4. Adopt a Resolution Authorizing Execution of an Interlocal Agreement with the Allen Independent School District (AISD) for the Use of Supplier Contracts and for Primary Fuel Purchases through the AISD's Service Center Fueling Stations for an Estimated Annual Expenditure of $350,000. RESOLUTION NO. 2542-8-06 (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 BETWEEN THE CITY OF ALLEN, TEXAS, AND THE ALLEN INDEPENDENT SCHOOL DISTRICT (AISD), TEXAS, 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 AN EFFECTIVE DATE 6. Receive Financial Report for the Period Ending June 30, 2006. 7. Receive Investment Report for the Period Ending June 30, 2006. S. Receive the Summary of Property Tax Collections as of June 2006. The motion carried. 5. Approval of Action of the Sign Control Board Regarding the Requested Variance for Holiday Inn Express for the Separation of Pole Signs. No action was taken on this item. 9. Conduct a Public Hearing and Adopt an Ordinance Amending PD Planned Development No.3 to Modify the Setbacks from 25 Feet to 10 Feet for a Side Yard and from 50 Feet to 5 Feet for a Rear Yard on 2t Acres of Land Located at 205 E. Bethany Drive. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 8, 2006 PAGE Mayor Terrell opened the Public Hearing and asked anyone wishing to speak for or against this item to do so at this time. Bryan Streeter, 1408 Hansbury, Allen, Texas, proponent, spoke in support of this item. Joe Barton King, 581 Country Club Road, Fairview, Texas, architect on the project, spoke in support of this item. With no one else speaking, Mayor Terrell closed the Public Hearing. ORDINANCE NO. 2543-8-06: 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. 3, ORDINANCE NO. 368-10-81, AS HERETOFORE AMENDED, BY AMENDING THE SETBACKS FOR TRACT A FROM 25 FEET TO 10 FEET (SIDE YARD) AND FROM 50 FEET TO 5 FEET (REAR YARD) FOR 2 1487± ACRES OUT OF THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708 AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN ATTACHED AS EXHIBIT 'B", PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (12,000) FOR EACH OFFENSE, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion by Mayor Pro Tem Bartlemay and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) against to adopt Ordinance No 2543-8-06, as previously captioned, amending PD Planned Development No. 3 on 21 acres of land located at 205 E Bethany Drive to amend the concept site plan to modify the setbacks from 25 feet to 10 feet for a side yard and from 50 feet to 5 feet for a rear yard with an amendment to add the architectural rendering as Exhibit "C " The motion carried. 10. Confirm City Council Appointments to the Various Nominating Committees for the Appointment of Boards and Commissions for Fiscal Year 2006-07. MOTION: Upon a motion by Councilmember Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) against to confirm the appointments of Councilmembers Stout and Caplinger to the Advisory Nominating Committee, Mayor Pro Tem Bartlemay and Councilmember McGregor to the Quasi -Judicial Nominating Committee and Councilmembers Stout and Pacheco to the Corporation Nominating Committee as recommended by Mayor Terrell. The motion carried. Other Business 11. Calendar August 8-11 –Transportation Summit August 18, 19, 20 —City Council Budget Workshop 12. Items of Interest ALLEN CITY COUNCIL REGULAR MEETING AUGUST S, 2006 PAGE Council recognized Scout Jeremy Ryan of Troop 594 who was in attendance as a requirement for earning the citizenship and community merit badge. Mayor Terrell announced that he was nominating City Manager Peter Vargas for Place No 14 on the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Mayor Terrell thanked Reporter Alison Davis with The Allen American for her coverage of Allen and wished her success in her career change. Executive Session The Executive Session was not held. 13. Reconvene and Consider Action on Items Discussed during Executive Session. MOTION: Upon a motion made by Councilmember Stout and a second by Mavor Pro Tem Bartlemay, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Session of the Ell Allen City Council at 7:38 p.m. on Tuesday, August 8, 2006. The motion carried. These minutes approved on the 22nd day of August, 2006. I:\79tTely IA Stephen Terrell, MAYOR ATTEST: Shelley B. Geor RMC, CITY SrCRETARY