Min - City Council - 2004 - 04/27 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 27, 2004
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
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, April 27, 2004, in the Council Chambers of the Allen City
Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop
included
• View the 'Teen Volunteer' Video.
• Update Regarding the W indridge and Hillside Neighborhood Improvements Program.
• Briefing Regarding the 2004 Strategic Plan.
Pledee of Alleeiance
Public Recoenition
Citizens' Comments.
Joey Herald, 1018 Michelson Lane, Allen, Texas, spoke on behalf of the Kiwanis Club. He thanked
the Council and City staff for their support of the Kiwanis' annual circus event
El • Allen Citizens for Economic Growth
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Kurt Kizer, 925 South Fork Drive, Allen, Texas, spoke on behalf of the Allen Citizens for Economic
Growth. He expressed support for the local option propositions on the May 15 ballot.
2. Recognition of Ms. Vy Ngyuen, Fifth Grade Student at Bolin Elementary, as the Arbor Day
Poster Contest Winner for 2004.
3. Recognition of the Awards Earned by the Allen Police Department Explorer Post 2000 at the
Metroplex Law Enforcement Explorer Competition at the University of Texas at Dallas.
4. Presentation of a Certificate -of -Appointment to Lonnie Simmons, Newly Appointed Member
of the Community Development Corporation.
5. Presentation of Proclamations by the Office of the Mayor
• Presentation of a Proclamation to Margaret Andelman, Senior Center Supervisor,
Proclaiming the Month of May 2004 as Oder Americans' Month.
• Presentation of a Proclamation to Vikki Francis, Animal Control Supervisor, Proclaiming
the Week of May 2-8, 2004, as National Pet Week.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay,
the Council voted seven (7) for and none (0) opposed to approve and adopt the consent
agenda as follows.
6. Approve Minutes of the April 13, 2004, Regular Meeting.
7. Adopt an Ordinance Amending Ordinance No. 2063-6-02 to Correct a Scrivener's Error to
Delete the Lot Coverage Requirement in the Development Regulations in Subsection 4 of
Section 2 of Said Ordinance.
ORDINANCE NO. 2276-4-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 2063-6-02 TO CORRECT
A SCRIVENER'S ERROR TO DELETE THE LOT COVERAGE REQUIREMENT IN THE
DEVELOPMENT REGULATIONS IN SUBSECTION 4 OF SECTION 2 OF SAID ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
REPEALING CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE.
8. Adopt a Resolution Authorizing Execution of an Interlocal Agreement with the City of Plano
for the Construction of Hedgcoxe Road Improvements and Establish an Immediate Project
Budget of $120,000 for the First Phase of this Project.
RESOLUTION NO. 2277-4-04(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 PLANO AND THE CITY OF
ALLEN, TEXAS, CONCERNING THE CONSTRUCTION OF HEDGCOXE ROAD
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IMPROVEMENTS, AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND
PROVIDING AN EFFECTIVE DATE.
9. Adopt a Resolution Dedicating Two Acres of Wooded Parkland as Open Space for Perpetuity
within the Area Specified for Development of Allen Station Park Phase II.
RESOLUTION NO. 22754-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DEDICATING TWO (2) ACRES OF WOODED PARKLAND
IN ALLEN STATION PARK AS OPEN SPACE FOR PERPETUITY, AS REQUIRED BY THE
TEXAS PARKS AND WILDLIFE DEPARTMENT, APPROVING THE TERMS AND CONDITIONS
OF THE AGREEMENT; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER AND
MAYOR; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
10. Approve by Motion Naming the Neighborhood Park within the Stacy Ridge Development as
"Stacy Ridge Park" as Recommended and Approved by the Parks and Recreation Board.
Council approved naming the neighborhood park within the Stacy Ridge Development as Stacy
Ridge Park.
11. Authorize Execution of a Facilities Agreement for Twin Creeks Phase 6A Subdivision with
Hillwood RED with Regard to the Construction of a 36 -inch Transmission Waterline.
Council authorized the City Manager to execute a facilities agreement with Hillwood RLD with
regard to the construction of a 36" Transmission Waterline in conjunction with the Twin Creeks
Phase 6A Subdivision.
12. Authorize Execution of the Local Transportation Project Advanced Funding Agreements
(LPAFA) with the Texas Department of Transportation for Intersection Improvements for the
Intersections at Main Street and Jupiter Road; Park Place Drive and Jupiter Road; and
McDermott Drive and US 75 West Frontage Road and Approve a Preliminary Budget of
$230,000.
Council authorized the City Manager to execute the Local Transportation Project Advanced Funding
Agreements with the Texas Department of Transportation for intersection improvements for the
intersections at Main Street and Jupiter Road; Park Place Drive and Jupiter Road; and McDermott
Drive and US 75 West Frontage Road and approve a preliminary budget of $230,000.
13. Award Bid and Authorize Execution of an Annual Contract with United Building Maintenance
(UBM) in the Amount of $64,939.92 (Primary) and with White Glove Janitorial & Floor
Service (Alternate) for Custodial Services for the Thirteen Non -Concession Buildings in the
Parks and Recreation Division for One Year with Four One -Year Options to Renew.
Council authorized the City Manager to execute an annual contract with United Building
Maintenance, Inc. (primary) for an estimated annual expenditure of $64,939.92. If the primary
contractor is unable to fulfill the terms and conditions of the contract, Council authorizes the contract
be awarded to the alternate bidder, While Glove Janitorial & Floor Service, in the annual amount of
ALLEN CITY COUNCIL
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PAGE 4
$77,400 with options to renew for four (4) one-year periods under the same contract terms and
conditions as the primary
14. Authorize Execution of a Professional Services Contract with Danny McLarly Architect
(DMA) in the Amount of $66,000 for the Architectural/Engineering Design Services for the
Adaptive Reuse of the Existing Allen Public Library Building.
Council authorized the City Manager to execute a contract with Danny McLarty Architect (DMA)
for architectural/engineering design development services for the adaptive reuse of the existing
Public Library into a Municipal Courts Building for an amount not to exceed $66,000.
15. Receive the Summary of Property Tax Collections as of March 2004.
16. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried.
Reeular Aeenda.
17. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning for
Creekwood Suncreek LP on 14f Acres of Land from Planned Development No. 31, Tract 6 for
Multi -Family Uses to Planned Development No. 31, Tract 6 for TH Townhome Uses on
Property Located North of Hedgcoxe Road and West of Alma Drive.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
Paul Reilly, 1517 Westmont Drive, Allen, Texas, spoke on behalf of the neighbors located within
200 feet of the property that is being considered for rezoning. He submitted a petition from the
neighborhood supporting the request
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2279-4-04: 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 GRANTING
A CHANGE IN ZONING FOR TRACT 6 OF PLANNED DEVELOPMENT NO. 31, ORDINANCE
NO 1285-9-94, TO ALLOW TH-TOWNHOME USES ON 1414± ACRES OF LAND IN THE G.
W FORD SURVEY. ABSTRACT NO 326, AND THE JOSEPH RUSSELL SURVEY,
ABSTRACT NO. 775, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF
A CONCEPT PLAN AND DEVELOPMENT CONDITIONS ATTACHED AS EXHIBITS "B"
AND "C" RESPECTIVELY; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY 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.
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MOTION: Upon a motion made by Mayor Pro Tem Fulls and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2279-4-04 as
previously captioned with the following amendment: the exterior of all buildings on the first
floor to be 90% brick. The motion carried.
18. Adopt an Ordinance Amending the Code of Ordinances, Chapter 6, "Health and
Environment," by Adding Article VI Establishing a Multi -Family Licensing Ordinance.
ORDINANCE NO. 2280-4-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 6 "HEALTH AND
ENVIRONMENT" BY ADDING ARTICLE VI ESTABLISHING A MULTI -FAMILY LICENSING
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
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 Bartlemay and a second by Mayor Pro Tem Fulk,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2280-4-04 as
previously captioned. The motion carried
19. Adopt a Resolution Establishing a License Fee Structure for Multi -Family Dwelling
Complexes.
RESOLUTION NO. 2281-4-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING LICENSE FEES FOR MULTI-
FAMILY DWELLING COMPLEXES, AND PROVIDING AN EFFECTIVE DATE
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout,
the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2281-4-04(R)
as previously captioned. The motion carried.
20. Adopt a Resolution Regarding a Fee Structure for the Don Rodenbaugh Natatorium and the
Joe Farmer Recreation Center.
RESOLUTION NO. 2282-4-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES FOR THE USE OF JOE
FARMER RECREATION CENTER AND THE DON RODENBAUGH NATATORIUM;
PROVIDING A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor,
the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2282-4-04(R)
as previously captioned. The motion carried.
21. Discussion and Consideration of Action to Initiate an Annexation Process Regarding Six Areas
in the City's Extraterritorial Jurisdiction (ETJ).
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MOTION: Upon a motion made by Mayor Pro Tem Falk and a second by Councilmember Bartlemay,
the Council voted seven (7) for and none (0) opposed to direct staff to initiate annexation
proceedings as presented for the six areas identified. The motion carried.
Other Business.
22. Calendar.
• April 28 — First Day of Early Voting for the May 15th General Election/City Hall
• May 6 —Mayor's Premier Event for Allen USA/Hilton Garden Inn/5:30 p.m.
• May 15 — General Election/City Hall
• December 10 —Annual Boards Dinner/Hilton Garden Inn/6:30 p.m.
23. Items of Interest.
• Council requested an update from staff on the construction along Bethany Drive.
• The Allen Community Outreach Springfest is scheduled for May I" at the Presbyterian Hospital
in Allen.
Executive Session
The Executive Session was not held.
24. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Councilmember 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 9'02 p.m on Tuesday, April 27, 2004 The motion carried.
These minutes approved on the 111h day of May, 2004.
APPROVED:
Steph n Terre11, MAYOR
ATTEST:
Shelley B. Geor RMC, CITY SECRETARY