Min - City Council - 2004 - 05/25 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 25, 2004
Present:
Stephen Terrell, Mayor (absent)
Councilmembers:
Kenneth Fulk, Mayor Pro Tem (absent)
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
City StatE
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 City Secretary Shelley George at 7:01 p.m. on Tuesday. May 25, 2004, in the Council Chambers of
the Allen City Hall, Allen Civic Plar 305 Century Parkway, Allen, Texas. Items discussed in the preceding
workshop included:
• Briefing Regarding the Franchise Agreements for Oncor Electric, CoSery Electric Cooperative,
and Grayson -Collin County Electric Cooperative (GCEC).
• Briefing Regarding Racial Profiling Compliance.
Pledee of Alleeiance
I. Motion to Select `Mayor Pro Tem' for the Duration of this Meeting Only.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obenneyer,
the Council voted five (5) for and none (0) opposed to appoint Susan Bartlemay as Mayor
Pro Tem for the duration of the May 25, 2004, meeting only. The motion carried.
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ALLEN CITY COUNCIL
REGULAR MEETING
MAY 25, 2004
Consider All Matters Incident and Related to the Joint General Election Held on May 15, 2004.
Canvass of Election Returns.
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City Secretary Shelley George reviewed for the City Council the election returns for the City Council
General and Special Election of Councilmember Place Nos. 4 and 6, and the Proposition for
determining whether the City shall be authorized to sell/trade certain park land. The totals verified
the following results,
EARLY VOTES REGULAR VOTES TOTAL VOTES
CAST CAST CAST
COUNCILMEMBER PLACE NO.4
SUSAN BARTLEMAY 1,643 1,466 3,109
COUNCILMEMBER PLACE NO.6
JEFF McGREGOR 1,594 1,395 2,989
PROPOSITION
"Shall the City of Allen sell/trade 2.55 acres of park land in the Mary Standifer Survey as
consideration for receipt of 5.992 acres of adjoining land in the Chadrick Johnson Survey to be
designated for park purposes?"
FOR 2,194 1,975 4,169
AGAINST 183 173 356
3. Adopt a Resolution Declaring the Results of the Joint General and Special Election.
RESOLUTION NO. 2289-5-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DECLARING THE RESULTS OF THE GENERAL
AND SPECIAL ELECTION OF THE CITY OF ALLEN HELD MAY 15, 2004, FOR THE CITY
COUNCILMEMBERS AND THE PROPOSITION FOR DETERMINING WHETHER THE CITY
SHALL BE AUTHORIZED TO SELL/TRADE CERTAIN PARK LAND; AND PROVIDING AN
EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor,
the Council voted five (5) for and none (0) opposed to adopt Resolution No. 2289-5-04(R) as
previously captioned, declaring the results of the May 15, 2004, General and Special
Election. The motion carried.
Public Recognition
4. Citizens' Comments.
Pat Buckley, Vice -Chair of Keep Allen Beautiful Board, announced the awards received by City of
Allen nominees for the Governor's Award.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 25,2004
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• Rothe Jackson Youth Leadership Award: Matthew Britton - Third Place - Scout
• Sadie Ray Graff Education Leadership Award Vaughan Elementary Environmental Club -
Second Place - Elementary
• Ebby Halliday and Maurine Acers Business/Industry Award: Community Waste Disposal -
Third Place
• OP Schnabel Senior Citizen Award. Janie Sheridan - First Place - Female
• Governor's Community Achievement Award: City of Allen - Award of Excellence
(recognition only)
5. Recognition by the City Council and the Keep Allen Beautiful Board by Presenting Certificates
of Appreciation to the Following Eagle Scouts/Troops for their Efforts Focusing on
Beautification or Environmental Awareness Projects Benefiting the City of Allen:
Matt Britton, Troop 224; Morgan Lloyd, Troop 223: Eric Parsley, Troop 328; Jared Fisher, Troop
223; Ed Steinkamp, Troop Master, Cub Scout Pack 780; Eric Braithwaite, Troop 223; Andrew Beaty,
Troop 328; and Brandon Gantt, Troop 1234.
Representatives of the Keep Allen Beautiful Board and Donna Kliewer, Recycling/Solid
Waste/Household Hazardous Waste Coordinator, will give a Brief Recap Regarding the April
24th Great American Trash Off and Announce the Third Annual Corporate Challenge Clean -Up
to be Held on June 3, 2004.
6. Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Ms. Diane Spencer and Mr. Sam Risner, Local Representatives
of the Boeing Leadership Association of Richardson, Texas, Proclaiming the Week of June 6-12,
2004, as Management Week
• Presentation of a Proclamation to Sergeant Johnny Thomason and Representatives of the Traffic
Enforcement Department Proclaiming the Weeks of May 24 through June 6, 2004, as Click It or
Ticket Weeks.
Consent Aeenda
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember
Pacheco, the Council voted five (5) for and none (0) opposed to approve and adopt the
consent agenda as follows:
7. Approve Minutes of the May 11, 2004, Regular Meeting.
8. Adopt a Resolution Authorizing an Interlocal Agreement with the City of Lucas to Provide
Inspection Services for new Lovejoy Independent School District Facilities Located in Lucas.
RESOLUTION 2290-5-04(R): A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE
ATTACHED INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF
ALLEN AND THE CITY OF LUCAS PERTAINING TO INSPECTION SERVICES FOR SCHOOL
FACILITIES LOCATED WITHIN THE CITY OF LUCAS, AUTHORIZING EXECUTION OF THE
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 25, 2004
PAGE 4
INTERLOCAL AGREEMENT BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE
DATE
9. Authorize Execution of Real Estate Sales Contracts for Right -of -Way for the East Main Street
Widening Project with Brian and Gale Doffing for an Amount of $1,493; with Bart and Kelly
Presti for an Amount of 53,236; with Glen and Tracy Pederson for an Amount of $3,053; and
with Dorothy Farris for an Amount of $2,142 plus Closing Costs for these Parcels.
Council authorized the City Manager to execute the real estate sales contracts for the rightof-way, for
the East Main Street Widening Project with Brian and Gale Doffing for an amount of $1,493; with
Bart and Kelly Presti for an amount of $3,236; with Glen and Tracy Pederson for an amount of
$3,053; and with Dorothy Farris for an amount of $2,142; plus closing costs.
10. Authorize Execution of a Facilities Agreement for Twin Creeks Phase 7A-1 and 7A-2
Subdivision with Hillwood RLD regarding Infrastructure Improvements.
Council authorized the City Manager to execute a facilities agreement for Twin Creeks Phase 7A-1
and 7A-2 Subdivision with Hillwood RLD with regard to the "Infrastructure Improvements."
11. Receive the Quarterly Financial Report for the Period Ending March 31, 2004.
12. Receive the Quarterly Investment Report for the Period Ending March 31, 2004.
13. Receive the Summary of Property Tax Collections as of April 2004.
14. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried.
15. Authorize Execution of a Five -Year Contract with Community Waste Disposal, Inc. (CWD) for
a Services Contract for Solid Waste, Collection, Disposal, and Recycling.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer,
the Council voted five (5) for and none (0) opposed to authorize the City Manager to execute
the five-year contract between the City and Community Waste Disposal for solid waste,
collection, disposal, and recycling services with an effective date of June I, 2004 The
motion carried.
16. Adopt a Resolution Establishing and Adjusting Rates and Fees for Solid Waste Collection and
Recycling Services.
RESOLUTION NO. 2291-5-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES AND RATES FOR SOLID
WASTE COLLECTION SERVICES, PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 25, 2004
PAGE
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Pacheco, the Council voted five (5) for and none (0) opposed to adopt Resolution No. 2291-
5-04(R) as previously captioned. The motion carried.
17. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning by
Authorizing an Amendment to Tracts 5, 6, and 7 of Planned Development No. 65, being 41f
Acres, from SC Shopping Center and R5 Residential to move the SC Shopping Center to the
Northern Portion of the Tract and to add TH Townhome Zoning to the Southern Portion on
Property Located South of Shelley Drive and West of FM 2551.
Mayor Pro Tem Bartlemay opened the public hearing and asked for anyone speaking either for or
against the request to do so
The following persons spoke in opposition to the request:
Hikmat Chammas, 1614 Oak Brook Lane, Allen, Texas,
Joe Lozano, 4112 Pecan Orchard Drive, Parker, Texas;
Michael Brown, 834 Soapberry Drive, Allen, Texas;
Riad Ghosheh, 1601 Albrook Drive, Allen, Texas;
Bill Ziots, 6016 Rathbone Drive, Parker, Texas;
Michael Moore, 5704 Hathaway Drive, Parker, Texas;
Ramon Suarez, 5703 Overton Drive, Parker, Texas,
Robert Inge, 815 Redbud Drive, Allen, Texas;
Tom Nieman, 1708 Elm Spring Court, Allen, Texas;
Brad Turner, 5805 Rathbone Drive, Parker, Texas;
Peggy Warren, 5506 Kara Lane, Parker, Texas;
Ronald Knoche, 5501 Kara Lane, Parker, Texas;
Joe Cordina. 4302 Boulder Drive, Parker, Texas;
Greg Myers, 5803 Ascot Court, Parker, Texas,
Bill Peterson, 5502 Ravensthorpe, Parker, Texas;
Allyson Omdahl, 1612 Oak Brook Lane, Allen, Texas;
Kevin Mechler, 5603 Overton Drive, Parker, Texas;
Brenda Farmer, 5608 Kensington Court, Parker, Texas,
Julie Murtha, 1614 Mapleleaf Falls Drive, Allen, Texas;
Kevin Ann Mullun, 1616 Mapleleaf Falls Drive, Allen, Texas,
Kent Smith, 5503 Elisa Lane, Parker, Texas;
Jeri Savage, 5606 Kensington Court, Parker, Texas;
Tim McKenzie, 5903 Dunaway Crossing, Parker, Texas;
Royce Carter, 5403 Elisa Lane, Parker, Texas,
Doug Pelo, 5309 Kara Lane, Parker, Texas;
Dawn Blue, 5609 Kensington Court, Parker, Texas;
Joe Sterk, 4200 Pecan Orchard Lane, Parker, Texas;
Dave LaBrier, 5805 Bracknell Drive, Parker, Texas;
Robert Peters, 5406 Ravensthorpe Drive, Parker, Texas;
Blake Wren, 818 Water Oak Drive, Allen, Texas;
Reyad Shosheh, 1601 Albrook Drive, Allen, Texas;
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 25, 2004
PAGE
The following persons spoke in favor of the request.
Jana Boss, 1707 Elm Spring Court, Allen, Texas
Emil and Pam Pela, 1711 Elm Springs Court, Allen, Texas;
Robert Butler, 1607 Woodstream Lane, Allen, Texas,
Robert Inge, 815 Redbud Drive, Allen, Texas, as a member of the HOA;
Angela Inge, 815 Redbud Drive, Allen, Texas; and
Andrew Crider, 5806 Hathaway, Parker, Texas.
The following individuals did not speak, but wished to record their opposition to the request:
Curt Cotant, 5901 Andover Drive, Allen, Texas;
Robert and Michelle Krebsbach, 1830 Bur Oak Drive, Allen, Texas;
Lisa Dobruski, 1609 Woodstream Lane, Allen, Texas;
Phil Fowler, 5810 Hathaway Drive, Parker, Texas;
Barbara A. Williams, 1613 Woodhaven Court, Allen, Texas;
Lewis O. Williams, 1613 Woodhaven Court, Allen, Texas;
Barry and Katrina Williams, 1617 Oak Brook Lane, Allen, Texas;
Lonnie Mullen, 1616 Mapleleaf Falls Drive, Allen, Texas;
D. Alan Bayle, Jr, 1618 Mapleleaf Falls Drive, Allen, Texas;
Elizabeth Crockett, 1828 Bur Oak Drive, Allen, Texas;
Ronny & Cathy Smith, 5601 Kensington Court, Parker, Texas;
Lynn Guffee, 5704 Overton Drive, Parker, Texas,
Travis Ann and Jerry Dorough, 5602 Kensington Court, Parker, Texas,
Craig and Lisa Pfefferkorri, 5507 Kara Lane, Parker, Texas;
Margaret G. Hewlott, 5310 Elisa Lane, Parker, Texas;
Randy Edward, 6003 Brachnell Drive, Parker, Texas;
John Ragsdale, 6008 Andover Drive, Parker, Texas,
James Brasher, 6005 Tamsworth Court, Parker, Texas;
Shelia and William E. Emery, 1622 Oak Brook Lane, Allen, Texas;
Marjorie Schwarz, 6003 Rathbone Drive, Parker, Texas;
W Andrew Gordon, 803 Spring Brook Drive, Allen, Texas;
Vera Carter, 5403 Elisa Lane, Parker, Texas;
Lee and Peggy Melton, 6008 Rathbone Drive, Parker, Texas;
Martha Yarberry, 1720 Oakbrook Lane, Allen, Texas;
Robert Vitanza, 6014 Rathbone Drive, Parker, Texas;
Lee and Kim Frey, 6006 Bracknell Drive, Parker, Texas;
Anthony Knoerzer, 6002 Bracknell Drive, Parker, Texas;
Mike Auer, 1705 Bnarhollow Drive, Allen, Texas;
Anne Lewis, 5603 Kara Lane, Parker, Texas;
Patricia S. Han, 5404 Ravensthorpe Drive, Parker, Texas,
Kristi Peters, 5406 Ravensthorpe Drive, Parker, Texas,
Deborah Brown, 834 Soapberry Dris e, Allen, Texas, and
Charles Schwarz, 6003 Rathbone Drive, Parker, Texas, spoke for his son, living at 816 Grassy Glen,
Allen, Texas;
Tommy Dabney, 5409 Elisa Lane, Parker, Texas,
Teri Lemke, 5901 Andover Drive, Parker, Texas; and
Patricia Buckley, 9 High Point Drive, Allen, Texas
The following persons spoke in favor of the request.
Jana Boss, 1707 Elm Spring Court, Allen, Texas
Emil and Pam Pela, 1711 Elm Springs Court, Allen, Texas;
Robert Butler, 1607 Woodstream Lane, Allen, Texas,
Robert Inge, 815 Redbud Drive, Allen, Texas, as a member of the HOA;
Angela Inge, 815 Redbud Drive, Allen, Texas; and
Andrew Crider, 5806 Hathaway, Parker, Texas.
The following individuals did not speak, but wished to record their opposition to the request:
Curt Cotant, 5901 Andover Drive, Allen, Texas;
Robert and Michelle Krebsbach, 1830 Bur Oak Drive, Allen, Texas;
Lisa Dobruski, 1609 Woodstream Lane, Allen, Texas;
Phil Fowler, 5810 Hathaway Drive, Parker, Texas;
Barbara A. Williams, 1613 Woodhaven Court, Allen, Texas;
Lewis O. Williams, 1613 Woodhaven Court, Allen, Texas;
Barry and Katrina Williams, 1617 Oak Brook Lane, Allen, Texas;
Lonnie Mullen, 1616 Mapleleaf Falls Drive, Allen, Texas;
D. Alan Bayle, Jr, 1618 Mapleleaf Falls Drive, Allen, Texas;
Elizabeth Crockett, 1828 Bur Oak Drive, Allen, Texas;
Ronny & Cathy Smith, 5601 Kensington Court, Parker, Texas;
Lynn Guffee, 5704 Overton Drive, Parker, Texas,
Travis Ann and Jerry Dorough, 5602 Kensington Court, Parker, Texas,
Craig and Lisa Pfefferkorri, 5507 Kara Lane, Parker, Texas;
Margaret G. Hewlott, 5310 Elisa Lane, Parker, Texas;
Randy Edward, 6003 Brachnell Drive, Parker, Texas;
John Ragsdale, 6008 Andover Drive, Parker, Texas,
James Brasher, 6005 Tamsworth Court, Parker, Texas;
Shelia and William E. Emery, 1622 Oak Brook Lane, Allen, Texas;
Marjorie Schwarz, 6003 Rathbone Drive, Parker, Texas;
W Andrew Gordon, 803 Spring Brook Drive, Allen, Texas;
Vera Carter, 5403 Elisa Lane, Parker, Texas;
Lee and Peggy Melton, 6008 Rathbone Drive, Parker, Texas;
Martha Yarberry, 1720 Oakbrook Lane, Allen, Texas;
Robert Vitanza, 6014 Rathbone Drive, Parker, Texas;
Lee and Kim Frey, 6006 Bracknell Drive, Parker, Texas;
Anthony Knoerzer, 6002 Bracknell Drive, Parker, Texas;
Mike Auer, 1705 Bnarhollow Drive, Allen, Texas;
Anne Lewis, 5603 Kara Lane, Parker, Texas;
Patricia S. Han, 5404 Ravensthorpe Drive, Parker, Texas,
Kristi Peters, 5406 Ravensthorpe Drive, Parker, Texas,
Deborah Brown, 834 Soapberry Dris e, Allen, Texas, and
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REGULAR MEETING
MAY 25, 2004 PAGE 7
1 Mona Ghosheh, 1601 Albrook Drive, Allen, Texas.
The following individuals did not speak, but wanted to record their support for the request:
Darrell Dyer, 1610 Woodhaven Court, Allen, Texas;
Suzanne Dyer, 1610 Woodhaven Court, Allen, Texas;
Stephen P Reid, 1824 Bur Oak Drive, Allen, Texas;
Judy Reid, 1012 Redbud Drive, Allen, Texas;
William H. Butt, 1717 Woodstream Lane, Allen, Texas; and
Ilene M. McKenna, 1610 Woodhaven Court, Allen, Texas.
Mayor Pro Tem Bartlemay noted that the following correspondence had been received regarding this
request:
• Letter from Mayor Doug Garber, City of Parker, dated May 21, 2004, expressing opposition to
the request as proposed.
• E-mail from Scott Timm, 5905 Dunaway Crossing, Parker, Texas, dated May 24, 2004, in
support of the request.
• E-mail from Scott Evans, 1823 Bur Oak Drive, Allen, Texas, in support of the request.
• Copy of a survey conducted by the Arbor Lakes Home Owners Association which showed 10
homeowners opposed and 30 homeowners in support of the request.
With no one else speaking, Mayor Pro Tem Bartlemay closed the public hearing.
The Council recessed at 9:52 p.m.
The City Council reconvened at 1006 p.m.
MOTION: Upon a motion made by Councdmember Obermeyer and a second by Councilmember Stout,
the Council voted five (5) for and none (0) opposed to table consideration of this item to the
June 8" Regular Meeting. The motion carried.
Other Business.
18. Calendar.
• May 31 — City Offices Closed in Observance of Memorial Day
• June 3 — Pavilion at Bethany Lakes Park/] 1.30 a.m. to 4:30 p.m.
• June 3 — Citizens Police Academy Graduation/Brazos/6.30 p.m.
• June 26 — Allen USA Celebration/Celebration Park
19. Items of Interest.
The Council congratulated the Lady Eagles Softball and Boys' Baseball Teams for their success in reaching
the playoffs this year.
Executive Session
The Executive Session was not held.
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REGULAR MEETING
MAY 25, 2004 PAGE 8
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20. Reconvene and Consider Action on Items Discussed during Executive Session.
Adjourn
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer,
the Council voted five (5) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 11.28 p.m. on Tuesday, May 25, 2004. The motion carried.
These minutes approved on the 8" day of June, 2004.
ATTEST:
Shelley B. GeorgeeTRMC, CITY ECRETARV
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APPROVED:
4LLfoo
S ephen errell, MAYOR