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Home My WebLink AboutMin - City Council - 2009 - 04/28 - Regularu ALLEN CITY COUNCIL REGULAR MEETING APRIL 28, 2009 Present: Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor City Staff: 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 6:14 p.m. on Tuesday, April 28, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Briefing Regarding the 2009 Strategic Plan • Update Regarding the Proposed Health Clinic • Committee Updates from City Council Liaisons • Discussion of Regular Agenda Items With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7.08 p to on Tuesday, April 28, 2009 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 7:12 p m. on Tuesday, April 28, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Public Recoenition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING APRIL 28, 2009 PAGE 2 1 2. Presentation of a Proclamation by the Office of the Mayor: • Presentation of a Proclamation to Representatives of the Allen Police Department Proclaiming April 26 - May 2, 2009, as Crime Ficlims' Rights Week. 3. Recognition of Les Folse, Code Inspection Supervisor, Building & Code Department, for Receiving the 'Building Of Inspector of the Year' Award. Consent Agenda MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt the items on the Consent Agenda as follows: 4. Approve Minutes of the April 6, 2009, TRIAD Meeting. 5. Approve Minutes of the April 14, 2009, Regular Meeting. 6. Adopt a Resolution Authorizing Establishment of an Identity Theft Prevention, Detection and Mitigation Program. RESOLUTION NO. 2818-4-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING AN IDENTITY THEFT PREVENTION, DETECTION AND MITIGATION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 7. Adopt a Resolution Authorizing the City Manager to Enter into an Interlocal Agreement between the City of Allen, City of Plano, City of Frisco, City of McKinney, City of Wylie and the Collin County Sherifrs Office for the Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Grant. RESOLUTION NO. 2819-4-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF ALLEN, THE CITY OF PLANO, THE CITY OF FRISCO, THE CITY OF MCKINNEY, AND THE CITY OF WYLIE AND THE COUNTY OF COLLIN, TEXAS FOR THE DISBURSEMENT OF THE RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA AWARD FUNDS, AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE 8. Authorize the City Manager to Execute a Facilities Agreement with Blue Star Allen Land, L.P., for the Construction of a Portion of Chelsea Boulevard and Associated Infrastructure, as it Relates to Property Owned by Blue Star Allen Land, L.P. 9. Authorize the City Manager to Execute a Conveyance and Dedication Agreement with Allen Commerce Center, L.P. for Right -of -Way for Commerce Parkway and Chelsea Boulevard and Approve the Expenditure of Funds Customary with the Closing of Real Property. 10. Authorize the City Manager to Execute a Professional Services Agreement with Weir & Associates, Inc. for an Amount not to Exceed $150,000 for Engineering and Design Services for ALLEN CITY COUNCIL REGULAR MEETING APRIL 28, 2009 PAGE Chelsea Boulevard from the Allen Outlet Mall to Commerce Parkway and Commerce Parkway to US 75 and Establish a Project Budget of $160,000. 11. Authorize the City Manager to Execute a Contract with BW2 Engineers, Inc., in the Amount of $66,400 for Engineering Services as it Relates to the Timbercreek Sanitary Sewer Replacement Project and Establish an Initial Project Budget of $100,000. 12. Award Bid and Authorize the City Manager to Execute a Contract with J. T. Dersner, Inc. in the Amount of $599,170.60 for the Construction of the High Meadows Sanitary Sewer Replacement Project and Amend the Project Budget to $650,000. 13. Receive Investment Report for the Period Ending March 31, 2009. 14. Receive Financial Report for the Period Ending March 31, 2009 (unaudited). 15. Receive the Summary of Property Tax Collections as of March 2009. 16. Receive the CII' (Capital Improvement Program) Status Report. The motion carried. Reeular Agenda. 17. Conduct a Public Hearing and Adopt an Ordinance Amending PD Planned Development No. 54 from CF/SF Community Facilities/Single Family to Single Family Residential R-5 and Modify Front Yard and Side Yard Setbacks for Lots 1- 12, Block E in the Waterford Parks Phase IV Subdivision on 2t Acres Located East of Bray Central Drive and South of Everglades Drive. 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. 2820-4-09: 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 (PD) PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-5-93, AND SUBSEQUENT AMENDMENTS TO SAID PD -54, AS HERETOFORE AMENDED, TO REZONE A 2.83 ACRE PORTION OF TRACT 30 LOCATED IN THE MICHAEL SEE SURVEY, ABSTRACT NO. 544, CITY OF ALLEN, COLLIN COUNTY, TEXAS, FROM "CF/SF" COMMUNITY FACILITIES/SINGLE FAMILY TO 'R -S' SINGLE FAMILY RESIDENTIAL AND AMENDING THE FRONT YARD AND SIDE YARD SETBACKS IN SAID 2.83 ACRE TRACT; 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 Councilmember Obermeyer and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2820-4- 09, as previously captioned, amending PD Planned Development No. 54, Tract 30 from ALLEN CITY COUNCIL REGULAR MEETING APRIL 28, 2009 PAGE CF/SF Community Facilities/Single Family to Single Family Residential R-5 and modifying the front yard and side yard setbacks for Lots 1-12, Block E in the Waterford Parks Phase IV Subdivision, with the additional requirement that the minimum dwelling size is 1,900 square foot. The motion carried. 18. Conduct a Public Hearing and Adopt an Ordinance to Amend the Allen Land Development Code by Amending 'Article V. Special Zones' to Adopt New Flood Insurance Rate Maps Issued by the Federal Emergency Management Agency. 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. 28214-09: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY AMENDING IN ITS ENTIRETY ARTICLE V "SPECIAL ZONES"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING 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 FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Caplinger and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2821-4-09, as previously captioned, authorizing the City Manager to amend the Allen Land Development Code by amending 'Article V Special Zones' to adopt new Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, to provide a penalty section, and make general clerical updates to the existing language. The motion carried. Other Business 19. Calendar. • May 9 -General Election 20. Items of Interest. [Council announcements regarding local civic and charitable events, meetings, fundraisers, and awards.[ • May I - Battle of the Badges fundraiser • May 4 - Councilmember Herald announced he and his wife, Charity, are celebrating their 19 year of marriage. • May 7 - Council wised happy birthday to Councilmember Caplinger. • Councilmember McGregor requested a future agenda item be presented on the 2009 preliminary values of appraised properties in the City of Allen. The Executive Session was not held. 21. Reconvene and Consider Action on Items Discussed during Executive Session. I ALLEN CITY COUNCIL REGULAR MEETING APRIL 28, 2009 PAGES MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Counctlmember Herald, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7.55 p.m. on Tuesday, April 28, 2009. The motion carried. These minutes approved on the 121h day of May, 2009 ATTEST: Shelley B. Geo ITY SECRETAOY APPROVED: StephA Terrell, MAYOR