Min - City Council - 2003 - 09/23 - RegularPresent:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Peter G. Smith, City Attorney (absent)
David Dodd, Attorney
Call to Order and Announce a Quorum is Present
With a quorum of the Councilmembers present, the Workshop Meeting of the Allen City Council was called
to order by Mayor Terrell at 6 10 p.m. on Tuesday, September 23, 2003, in the Council Conference Room of
the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas.
• Discussion Regarding and Appointment to the Vacant Position on the Community Development
Corporation
Executive Session.
In accordance with the Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072;
Personnel, Section 551074: Staff Presentations, Section 551075, the Allen City Council convened into
Executive Session at 6:30 p.m on Tuesday, September 23, 2003, in the Council Conference Room, 305
Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to.
• Personnel — Pursuant to Section 551.074 of the Texas Government Code to Discuss:
�• ➢ Consideration of Appointment to the Allen Community Development Corporation
The Executive Session adjourned at 6:45 p in on Tuesday, September 23, 2003
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 23, 2003
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Peter G. Smith, City Attorney (absent)
David Dodd, Attorney
Call to Order and Announce a Quorum is Present
With a quorum of the Councilmembers present, the Workshop Meeting of the Allen City Council was called
to order by Mayor Terrell at 6 10 p.m. on Tuesday, September 23, 2003, in the Council Conference Room of
the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas.
• Discussion Regarding and Appointment to the Vacant Position on the Community Development
Corporation
Executive Session.
In accordance with the Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072;
Personnel, Section 551074: Staff Presentations, Section 551075, the Allen City Council convened into
Executive Session at 6:30 p.m on Tuesday, September 23, 2003, in the Council Conference Room, 305
Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to.
• Personnel — Pursuant to Section 551.074 of the Texas Government Code to Discuss:
�• ➢ Consideration of Appointment to the Allen Community Development Corporation
The Executive Session adjourned at 6:45 p in on Tuesday, September 23, 2003
11
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 23, 2003 PAGE 2
Reconvene and Consider Action on Items Discussed during Executive Session.
The Council reconvened into Workshop at 6:46 p.m.
Adjournment.
The Workshop was adjourned at 6'55 p.m.
Regular Meetine.
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, September 23, 2003, in the Council Chambers of the Allen
City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas.
Pledge of Alleeiance
Public Recoenition
1. Citizens' Comments.
2. Administer Oaths -of -Office and Present Certificates -of -Appointment to the Newly Appointed
and Reappointed Members of the Various City Boards and Commissions.
Arts Alliance
Expiration Date
Place No. 1
Sylvia Lynn Moore
September 30, 2005
Place No. 3
Jennifer Kiser
September 30, 2005
Place No. 5
Susan Butler
September 30, 2005
Place No. 7
Sandi Acheson
September 30, 2005
Board of of AdiustmenlBuildm�&
Standards Com. Com
Expiration Date
Place No. 1
Edward S. McRoy
September 30, 2005
Place No. 3
Robert Moreno
September 30, 2005
Place No. 5
Jeff Cocking
September 30, 2005
Alternate Place No 1
Steven L. Knack
September 30, 2005
Alternate Place No. 2
Doug Dreggors
September 30, 2004
Community Development Corporation
Expiration Date
Place No. 1
W Lee Howard
September 30, 2005
Place No. 3
Lonnie Thomas
September 30, 2005
Place No. 5
Richard Kessler
September 30, 2005
Place No. 7
Debbie Stout
September 30, 2005
Economic Development Economic Development Coloration
Expiration Date
Place No. 1
Kenneth Fulk
September 30, 2006
Place No. 2
Tim Wood
September 30, 2006
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 23, 2003 PAGE 3
Keep Allen Beautiful
Expiration Date
Place No. 1
Patricia Buckley
September 30, 2005
Place No 3
Cynthia Magar Ferguson
September 30, 2005
Place No. 5
D Sue Berry
September 30, 2005
Place No. 7
Dan Jenkins
September 30, 2005
Library Board
Expiration Date
Place No 1
Julia Elms
September 30, 2005
Place No. 3
George Christian
September 30, 2005
Place No. 5
John C. Ross, Jr.
September 30, 2005
Place No. 7
W.K. "Cal' Calvin
September 30, 2005
Parks and Recreation Board
Expiration Date
Place No. 1
Benny Ferguson
September 30, 2005
Place No. 3
Vicki Wester
September 30, 2005
Place No. 5
Cheryl Lawson
September 30, 2005
Place No. 7
Gary Alan Moore
September 30, 2005
Planning and Zoning Commission
Expiration Date
Place No. 1
Alan Gnmes
September 30, 2005
Place No. 3
Gary Stocker
September 30, 2005
Place No. 5
Gary Caplinger
September 30, 2005
Place No. 7
Robin Scdlacek
September 30, 2005
Sign Control Board
Expiration Date
Place No. 1
Eric Biggers
September 30, 2005
Place No 3
Frank Brown
September 30, 2005
Place No 5
Griffith Moore
September 30, 2005
3. Presentation of Proclamations by the
Office of the Mayor.
• Presentation of a Proclamation
to Assistant Chief/Fire Marshal Craig Gillis Proclaiming the
Week of October 5-11, 2003, as Fire Prevention Week.
• Presentation of a Proclamation
to George Elwell, Vice President,
NAMI Collin County,
Proclaiming the Week of October
5-11, 2003, as Mental Illness Awareness Week.
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 approve and adopt the consent
agenda as follows:
4. Approve Minutes of the September 9, 2003, Regular Meeting.
5. Adopt an Ordinance Amending Chapter 9, Article V, Division 2, Section 9-137 of the Code of
Ordinances to Designate Certain Portions of Kenshire Court, Glendover Drive, Landsford
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 23, 2003
PAGE
Drive, Scottsman Drive, Macrae Court, Tartan Drive, and Lomond Court as School Zones for
Kerr Elementary School.
ORDINANCE NO. 2218-9-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION OF
VEHICLES," DIVISION 2, "SPEED REGULATIONS," SECTION 9-137(b), TO AMEND
SUBSECTION (15) TO DESIGNATE CERTAIN PORTIONS OF KENSHIRE COURT,
GLENDOVER DRIVE, LANDSFORD DRIVE, SCOTTSMAN DRIVE, MACRAE COURT,
TARTAN DRIVE, AND LOMOND COURT AS SCHOOL ZONES FOR KERR ELEMENTARY
SCHOOL WITH A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY (20) MILES PER
HOUR FOR MOTOR VEHICLES, PROVIDING A REPEALING CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE
6. Adopt a Resolution Nominating a Representative to the Board of Directors for the Central
Appraisal District of Collin County and Casting Votes for the Representative.
RESOLUTION NO. 2219-9-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, PLACING IN NOMINATION THE NAME OF GARY
RODENBAUGH FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE CENTRAL
APPRAISAL DISTRICT OF COLLIN COUNTY; CASTING BALLOTS FOR THE BOARD OF
DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN
ACCORDANCE WITH SECTION 6.03 (g) OF THE STATE PROPERTY TAX CODE; DIRECTING
THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION; AND PROVIDING
AN EFFECTIVE DATE
7. Adopt a Resolution Authorizing Execution of the Necessary Documents Ratifying the Cities
Aggregation Power Project (CAPP) with its Selected Retail Electric Provider (REP) and
Approve a Power Supply Agreement for a Period of Twelve to Twenty-four Months.
RESOLUTION NO. 2220-9-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT PURSUANT TO THE
CONTRACT TO BE SIGNED BY CITIES AGGREGATION POWER PROSECT, INC FOR
DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2004; AND PROVIDING AN
EFFECTIVE DATE.
8. Adopt a Resolution Renewing and Extending the Policy Statement for Tax Abatement
Guidelines for the City of Allen.
RESOLUTION NO. 2221-9-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, RENEWING THE POLICY STATEMENT FOR TAX
ABATEMENT GUIDELINES; AND PROVIDING AN EFFECTIVE DATE.
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 23, 2003
PAGE 5
9. Award Proposal and Authorize Execution of a Contract with Ratcliff Constructors, L.P., as the
General Contractor, in the Amount of $6,969,600 for the Construction of the Central Library
and Civic Auditorium.
Council authorized the City Manager to execute a contract with Ratcliff Constructors, L.P, the
General Contractor, offering the `Best Value' to the City for the construction of the Central Library
and Civic Auditorium in the amount of $6,969,600.
10. Authorize Execution of a Contract with proforma architecture, Inc., in an Amount not to
Exceed $358,575 for the Architectural/Engineering Design Development Services for the Allen
Senior Citizens Recreational Facility.
Council authorized the City Manager to execute a contract with proforma architecture, me in an
amount not to exceed $358,575 (which includes $16,000 in reimbursables), to provide
Architectural/Engineenng Design Development Services for the Allen Senior Citizens Recreational
Facility.
it. Authorize Execution of a Contract for Professional Engineering Services with BW2 Engineers,
Inc. for an Amount not to Exceed $41,257 in Connection with the Design of SL Mary Drive
from Cedar Drive to Cottonwood Creek and Approve a Preliminary Budget of $53,000.
Council authorized the City Manager to execute a professional engineering services contract with
BW2 Engineers, Inc. for an amount not to exceed $41,257 in connection with the design of St. Mary
Drive from Cedar Drive to Cottonwood Creek and approve a preliminary budget of $53,000
12. Authorize Execution of a Professional Engineering Services Contract with Birkhoff,
Hendricks, and Conway, L.P., for an Amount not to Exceed $34,100 in Connection with the
Design of the Water System Lighting Improvements.
Council authorized the City Manager to execute a professional engineering services contract with
Birkhoff, Hendricks, and Conway, L P., for an amount not to exceed $34,100 in connection with the
design of Water System Lighting Improvements and establish a new project budget.
13. Award Bid and Authorize Execution of a Contract with Claymark Materials, Inc., in the
Amount of $502,636.59 for the Construction and Redevelopment of Story Park and Establish a
Total Project Budget of $631,668.
Council authorized the City Manager to execute a contract with Claymark Materials, Inc., in the
amount of $502,636.59 for the construction and redevelopment of Story Park and establish a total
project budget of $631,668.
14. Reject All Bids Received for the Employee Assistance Program, Life and Disability (including
Basic Life/Accidental Death & Dismemberment, Voluntary Life, Voluntary Short -Term
Disability, Long -Term Disability) Coverage, the Section 125 Flexible Spending Program and
Administration of COBRA and HIPAA.
15. Receive the Summary of Property Tax Collections as of August 2003.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 23, 2003 PAGE 6
16. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried.
Regular Agenda.
17. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development
Code, Article II -Sign Board, Article IV -Table 4.20.2, and Article VII -Exterior Favade
Materials.
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. 2222-9-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT
CODE, BY AMENDING ARTICLE II, ADMINISTRATION, SECTION 2.03.1 SIGN
REGULATIONS TO REMOVE TERM LIMITS FOR SIGN BOARD MEMBERS, AMENDING
ARTICLE IV, ZONING REGULATIONS, TABLE 4.20.2 SCHEDULE OF PRINCIPLE USES, TO
REQUIRE A MINIMUM DISTANCE OF 500 FEET FROM ANY EXISTING RESIDENTIAL
STRUCTURE FOR CONCRETE BATCH PLANTS (TEMPORARY), AND AMENDING
ARTICLE VII, ZONING DEVELOPMENT STANDARDS, SECTION 7.03.2 EXTERIOR
FAQADE MATERIALS TO CLARIFY THE REQUIREMENT FOR 100% MASONRY
CONSTRUCTION; PROVIDING A SEVERABB.ITY 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 Councdmember Bartlemay and a second by Councdmember
McGregor, the Council voted seven (7) for and none (0) opposed to approve and adopt
Ordinance No 2222-9-03 as previously captioned The motion carried.
18. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development
Code, Article VII -Table 7.22 and Section 7.09.8.1 -Political Signs.
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. 2223-9-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, REPEALING IN ITS ENTIRETY SECTION 7.09.8.1, OF
THE ALLEN LAND DEVELOPMENT CODE AND ADDING A NEW SECTION 7.09.7.1,
POLITICAL SIGNS, AND AMENDING TABLE 722 THAT REFLECTS THE NEW STATE
LAW, PROVIDING A REPEALING CLAUSE; A SEVERABILITY CLAUSE; PROVIDING A
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 23, 2003
PAGE
SAVINGS CLAUSE, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE; AND AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember McGregor and a second by Mayor Pro Tem Fulk,
the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No
2223-9-03 as previously captioned. The motion carred
19. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning on 188f
Acres of Land from MF -24 Multifamily, R-4 Residential and R-7 Residential to TH-
Townhome, R-4 Residential, R-5 Residential, R-6 Residential, and R-7 Residential on Property
Located East of SH 5 and South of Stacy Road.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
Bret Pedigo with Centex Homes, 2800 Surveyor Blvd., Carrollton, Texas, spoke in favor of the item.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Bartlemay, the Council voted seven (7) for and none (0) opposed to continue the public
hearing to the October 14, 2003, Council Meeting The motion carried.
20. Consider Making an Appointment to Fill the Vacancy of the Community Development
Corporation.
MOTION: Upon a motion made by Mayor Pro Tem Folk and a second by Councilmember Obemieyer,
the Council voted seven (7) for and none (0) opposed to confirm the appointment of George
Chnsman, as nominated by the Council Nominating Committee, to complete the unexpired
term in Place No. 2 of the Community Development Corporation and set a term expiration
date of September 30, 2004 The motion carried.
Other Business.
21. Calendar.
• September 29 — TRIAD Meeting/6.00 p.m./Gentry Fire Training Facility
• October 25 — Booville Family Camival/Joe Farmer Recreation Center/1-5 p.m.
• October 25 — ACO Fall Dinner Dance/Southfork Ranch
22. Items of Interest.
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 23, 2003 PAGE S
IExecutive Session.
The Executive Session was not held
23. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Councdmember Stout and a second by Councilmember Bartlemay,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 8:30 p.m. on Tuesday, September 23, 2003 The motion carried.
These minutes approved on the 10 day of October, 2003.
APPROVED:
S�ep�en Tfrrell, OR
ATTEST:
Shelley B. Georg , RMC, CI ECRETARY