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Min - City Council - 2010 - 03/09 - RegularALLEN CITY COUNCIL REGULAR MEETING MARCH 9, 2010 Present: Stephen Terrell, Mayor tarrnvcd at 6 26 p m ) Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor Citv Staff: Peter H. Vargas, 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 Pro Tem Stout at 6:16 p.m. on Tuesday, March 9, 2010, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas The following items were discussed: • Update Regarding the Arts of Collin County Funding Agreement • Review the Status of the Allen Train Project and Possible Options • Committee Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:06 p.m on Tuesday, March 9, 2010. 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 7:09 p.m on Tuesday, March 9, 2010, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledge of Alleeiance Public Recognition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING MARCH 9, 2010 PAGE 2 2. Presentation of a Proclamation by the Office of the Mayor: • Presentation of a Proclamation to Gail Donaldson, Water Conservation Manager, Proclaiming March 15-21, 2010, as F&A Leak Week. 3. Recognition of the Parks and Recreation Department for Receiving the 2010 Administrative/Management Award by the Texas Recreation and Park Society for the Department's R.E.A.L. Customer Service Program. MOTION: Upon a motion made by Counedmember McGregor and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adopt the items on the Consent Agenda with a correction to Agenda item 7 as follows: 4. Approve Minutes of the February 23, 2010, Regular Meeting. 5. Adopt an Ordinance Approving and Enacting Supplement No. 6 to the Code of Ordinances. ORDINANCE NO. 2894-3-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 6 TO THE CODE OF ORDINANCES; PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY, PROVIDING A REPEAL OF 1 CERTAIN ORDINANCES; PROVIDING EXCEPTIONS TO REPEAL, PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE 6. Adopt an Ordinance Approving and Enacting Supplement Nos. 4 and 5 to the Allen Land Development Code ORDINANCE NO. 2895-3-10: AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 4 AND 5 TO THE ALLEN LAND DEVELOPMENT CODE; PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY; PROVIDING A REPEAL OF CERTAIN ORDINANCES; PROVIDING EXCEPTIONS TO REPEAL; PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE. 7. Adopt a Resolution Authorizing Execution of an Interlocal Agreement by and between the City of Allen and the Allen Independent School District for Funding of an Athletics Facility at Curtis Middle School in the Amount of $750,000. Correction Funding for project will come from existing funds for park and trail development. RESOLUTION NO. 2896-3-10(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, PROVIDING FOR THE CONSTRUCTION OF AN ARTIFICIAL TURF FIELD, TRACK AND SEATING AT CURTIS MIDDLE SCHOOL, DESIGNATING TILE CITY MANAGER, OR DESIGNEE, AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS RELATING TO THE PROGRAM, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE; AND PROVIDING AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING MARCH 9, 2010 PAGE 3 8. Authorize the City Manager to Execute a Professional Services Contract with Lee Engineering LLC in the Amount of $228,800 for Services Relating to the Traffic Signal Resynchronization or Replacement Project. The motion carried Regular Agenda 9. Conduct a Public Hearing and Adopt an Ordinance Requesting an SUP Specific Use Permit for a Fueling Station for RaceTrac on Properly Currently Zoned PD Planned Development No. 92 for SC Shopping Center Uses on 1.7± Acres Located at the Northwest Corner of Stacy Road and Chelsea Boulevard. Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time With no one speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2897-3-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CI'T'Y OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 109 TO ALLOW A FUELING S'T'ATION ON A 1.728± ACRE TRACT OF LAND 1 PRESENTLY ZONED PD NO. 92 SC — "SHOPPING CENTER" GENERALLY LOCATED AT THE NORTHWEST CORNER OF STACY ROAD AND CHELSEA BOULEVARD; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN, ELEVATIONS AND FUELING TRUCK ROUTE, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2897-3-10, as previously captioned, granting SUP Specific Use Permit No 109 for Racetrac Fueling Station on 1.728+ acres zoned Planned Development No. 92 for SC Shopping Center Uses located at the northwest corner of Stacy Road and Chelsea Boulevard with no restriction for fuel delivery time. The motion carried. 10. Calendar. 11. Items of Interest. • Recognition of City Manager Peter H Vargas for being selected 'Public Administrator of the Year' by the North Texas American Society for Public Administration. • Recognized Boy Scout in attendance to earn a merit badge. • Carson & Barnes Big Top Circus will be in town March 26-28 • Council wished happy birthday to Andy Herald on his 12"birthday. The Regular Meeting was recessed at 7'40 p.m. ALLEN CITY COUNCIL REGULAR MEETING MARCII 9, 2010 PAGE 4 IExecutive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 8:06 p.m. on Tuesday, March 9, 2010, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to: 12. Personnel -Pursuant to Section 551.074 of the Texas Government Code Annual Performance Review of the City Manager The Executive Session adjourned at 10.14 p.m. on Tuesday, March 9, 2010. 13. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into the Regular Meeting at 10:15 p.m. on Tuesday, March 9, 2010. The following action was taken on items discussed during Executive Session MOTION: Upon a motion made by Councilmember Obermeyer and a second by Mayor Pro Tem Stout, the Council voted seven (7) for and none (0) opposed to increase the City Manager's base salary by 2%. The motion carried. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 10.16 p.m. on Tuesday, March 9, 2010. The motion carried. These minutes approved on the 23r° day of March, 2010 APPROVED: Ifz Stephen AYO ATTEST,:,, �� , �-y�p C\�YX�—� V7 c7�-� )c�i Shelley B. George, ITY SECRE RY