Min - City Council - 2004 - 06/22 - Regularn
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Falk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemay (absent)
Jeff McGregor
City Staff:
ALLEN CITY COUNCIL
REGULAR MEETING
NNE 22, 2004
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:08 p.m. on Tuesday, June 22, 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:
• Update Regarding Allen USA Celebration Event, Civic Plaza, Allen Station Park Phase 11, and
other Park Projects
Pledee ofAlleeiance
Public Recoenition
Citizens' Comments.
Consent Aeenda
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout
the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda
as follows:
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 7:08 p.m. on Tuesday, June 22, 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:
• Update Regarding Allen USA Celebration Event, Civic Plaza, Allen Station Park Phase 11, and
other Park Projects
Pledee ofAlleeiance
Public Recoenition
Citizens' Comments.
Consent Aeenda
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout
the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda
as follows:
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 22, 2004 PAGE 2
1 2. Approve Minutes of the June 8, 2004, Regular Meeting.
3. Motion to Approve Second Reading of Ordinance No. 2294-6-04 Granting TXU Electric
Delivery Company (Formerly Oncor Electric Company) Non -Exclusive Franchise Agreement
to Use the Public Rights -of -Way of the City of Allen for the Purpose of Constructing and
Operating an Electric Distribution and Transmission System.
ORDINANCE NO. 2294-6-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO TXU ELECTRIC DELIVERY
COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON-
EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS-OF-WAY OF THE CITY OF ALLEN,
TEXAS, FOR THE PURPOSES OF CONSTRUCTING AND OPERATING AN ELECTRIC
DISTRIBUTION AND TRANSMISSION SYSTEM; SETTING FORTH TERMS AND
CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A REPEALING CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE.
4. Motion to Approve Second Reading of Ordinance No. 2295-6-04 Granting CoSery Electric
Cooperative a Non -Exclusive Franchise Agreement to Use the Public Rights -of -Way of the City
of Allen for the Purpose of Constructing and Operating an Electric Distribution System.
ORDINANCE NO. 2295-6-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO DENTON COUNTY ELECTRIC
COOPERATIVE, INC., D/B/A COSERV ELECTRIC, A TEXAS ELECTRIC COOPERATIVE
CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO
USE PUBLIC RIGHTS-OF-WAY OF THE CITY OF ALLEN, TEXAS FOR THE PURPOSES OF
CONSTRUCTING AND OPERATING AN ELECTRIC DISTRIBUTION SYSTEM; SETTING
FORTH TERMS AND CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A
REPEALING CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE.
5, Motion to Approve Second Reading of Ordinance No. 2296-6-04 Granting Grayson -Collin
Electric Cooperative (GCEC) a Non -Exclusive Franchise Agreement to Use the Public Rights -
of -Way of the City of Allen for the Purpose of Constructing and Operating an Electric
Distribution System.
ORDINANCE NO. 2296-6-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO GRAYSON-COLLIN ELECTRIC
COOPERATIVE, INC., A TEXAS ELECTRIC COOPERATIVE CORPORATION, ITS
SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS-
OF-WAY OF THE CITY OF ALLEN, TEXAS FOR THE PURPOSES OF CONSTRUCTING AND
OPERATING AN ELECTRIC DISTRIBUTION SYSTEM; SETTING FORTH TERMS AND
CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A REPEALING CLAUSE, A
SAVINGS CLAUSE AND AN EFFECTIVE DATE.
6. Adopt a Resolution Authorizing the City Manager to Apply for Collin County Parks and Open
Space Project Funding Assistance for Acquisition of Land in the Area of SH 121 and Custer
Road.
ALLEN CITY COUNCIL
REGULAR MEETING
.RINE 22, 2004
PAGE
RESOLUTION NO. 2297-6-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT,"
DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON
BEHALF OF THE "APPLICANT" IN DEALING WITH COLLIN COUNTY, HEREINAFTER
REFERRED TO AS "GRANTOR,' FOR THE PURPOSE OF PARTICIPATING IN THE COLLIN
COUNTY PARKS AND OPEN SPACE PROJECT FUNDING ASSISTANCE PROGRAM,
HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE
"APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT
THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE
PROPOSED SITE FOR PERMANENT PUBLIC ARTS AND PARK USES; AND PROVIDING FOR
AN EFFECTIVE DATE
Adopt a Resolution Authorizing the City Manager to Apply for Collin County Parks and Open
Space Project Funding Assistance in the Amount of $500,000 for a 523 Acre Parkland
Acquisition.
RESOLUTION NO. 2298-6-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN. COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT,"
DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND
ON BEHALF OF THE "APPLICANT" IN DEALING WITH COLLIN COUNTY, HEREINAFTER
REFERRED TO AS "GRANTOR," FOR THE PURPOSE OF PARTICIPATING IN THE COLLIN
COUNTY PARKS AND OPEN SPACE PROJECT FUNDING ASSISTANCE PROGRAM,
HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE
"APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT
THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE
PROPOSED SITE FOR PERMANENT PUBLIC ARTS AND PARK USES; AND PROVIDING
FOR AN EFFECTIVE DATE.
Adopt a Resolution Authorizing Participation with Other Cities in Studying Possibilities for
Municipalization of Portions of TXU's Gas Distribution System.
RESOLUTION NO. 2299-6-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER
CITIES IN STUDYING POSSIBILITIES FOR MUNICIPALIZATION OF GAS DISTRIBUTION
SERVICES; AUTHORIZING SAID COALITION TO RETAIN COUNSEL AND CONSULTANTS,
AUTHORIZING LEGAL COUNSEL TO THE ALLIED COALITION OF CITIES TO ENTER INTO
DISCUSSIONS WITH TXU AND THE ULTIMATE PURCHASERS OF TXU'S GAS UTILITIES
ASSETS, AUTHORIZING PAYMENT FROM FUNDS RETAINED BY THE STEERING
COMMITTEE OF CITIES SERVED BY TXU GAS, AND PROVIDING AN EFFECTIVE DATE
Award Bid and Authorize Execution of a Construction Contract with McMahon Contracting,
L.P. for the Reconstruction of Ridgemont Drive for an Amount not to exceed $853,059.55.
Council awarded the bid to McMahon Contracting, L.P for Rtdgemont Drive reconstruction for an
amount not to exceed $853,059.55 and authorized the City Manager to execute the contract.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 22, 2004 PAGE 4
10. Award Bid and Authorize Execution of a Contract with Camino Construction L.P. for Various
Concrete Replacement Projects for an Amount not to exceed $829,088.74.
Council awarded the bid to Camino Construction LY for various concrete replacements for an
amount not to exceed $829,088.74 and authorized the City Manager to execute the contract.
11. Award Bids and Authorize Execution of Annual Unit Pricing Contracts with A & M
Maintenance Services, Inc. for Traffic Paint and Thermoplastic Pavement Markings and Texas
Highway Markings, L.L.C. for Button Pavement Markings.
Council awarded bids for an annual unit pricing contract with A & M Maintenance Services, Inc. for
traffic paint and thermoplastic pavement markings, and an annual unit pricing contract with Texas
Highway Markings, L.L.C_ the lowest responsible bidder, for button pavement markings and
authorized the City Manager to execute the contracts.
12. Authorize Execution of a Real Estate Sales Contract for the Right -of -Way for the Allen Drive
Phase 2 Project with Dr. Anthony Vita and Others (Vita et all for an Amount of $71,140 plus
Closing Costs.
Council authorized the City Manager to execute the real estate sales contract with Dr. Anthony Vita
and others (Vita et al) for an amount of $71,140 plus closing costs for Parcels 7 and 8, as required for
the Allen Drive Phase 2 Project,
13. Authorize Execution of Real Estate Sales Contracts for Rights -of -Way for the East Main Street
Widening Project with Suanne Smith for $5,807 plus Closing Costs; Raymond and Sherry
Rippetoe for $2,468 plus Closing Costs; Malone Venture #2 for an Amount of $15,750 plus
Closing Costs and Vincent Stagliano for Construction of Paving and Utility Improvements for
the East Main Street Widening Project.
Council authorized the City Manager to execute the real estate sales contracts for rights-of-way for
the East Main Street Widening Project with Suanne Smith for $5,807 plus closing costs; Raymond
and Sherry Rippetoe for $2,468 plus closing costs; Malone Venture k2 for an amount of $15,750 plus
closing costs, and Vincent Stagliano in the amount of $23,244 for construction of paving and utility
improvements with the East Main Street widening project.
14. Receive the Summary of Property Tax Collections as of May 2004.
15. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried.
I
ALLEN CITY COUNCIL
REGULAR MEETING
NNE 22, 2004 PAGE 5
Reeular Aeenda
16. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning by
Amending and Expanding Planned Development No. 76 to Permit Development of a
Residential and Mixed-use Project to Include R5 Single Family Residential, Medical Office,
and TH Townhomes on 68t Acres Located North of Bethany Drive and West of Bel Air Drive,
and 31t Acres Located South of Bethany Drive and East of Bel Air Drive.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
Jerry Sylo with Jones & Boyd, Inc., 17090 Dallas Parkway, Dallas, Texas, spoke on behalf of the
Montgomery Family Trust, against the item.
With no one else speaking, Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember
Pacheco, the Council voted six (6) for and none opposed to table consideration of Ordinance
No. 2300-6-04 to the July 13, 2004, meeting. The motion carried.
17, Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development
Code, Article IV, Section 4.20.2, 4.20.4, Use Charts; Article VI Special Zoning Provisions;
Section 6.02 Private Clubs and Restaurant/Private Clubs; and Amending Appendix B Fees and
Charges.
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. 2301-6-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT
CODE, BY AMENDING ARTICLE IV ZONING REGULATIONS, SECTION 4.20.2 AND 410.4;
AMENDING ARTICLE VI SPECIAL ZONING PROVISIONS, SECTION 6.02 PRIVATE CLUBS
AND RESTAURANT/PRIVATE CLUBS; AND SECTION 6 03 GEOGRAPHIC LOCATIONS,
AMENDING APPENDIX B FEES AND CHARGES, 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 Mayor Pro Tem Fulk and a second by Councilmember McGregor,
the Council voted sin (6) for and none opposed to adopt Ordinance No. 2301-6-04 as
previously captioned with the following amendments: ])remove the allowance for Beer and
Wine package sales within the Old Allen Historic Village; 2) Section 6.03.I,b,v add "s" to
the word "District"; and 3) Section 6.03.4 change the percentage to 60%. The motion
carried.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 22, 2004 PAGE 6
18. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development
Code, Article VII, Zoning Development Standards, Section 7.09 Sign Regulations.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
With no one speaking, Mavor Terrell closed the public hearing
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember McGregor,
the Council voted six (6) for and none opposed to table this item indefinitely. The motion
carried.
19. Conduct a Second Public Hearing Regarding the Annexation of Five Properties Located within
the City of Allen's Extraterritorial Jurisdiction (ETJ).
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
The following individuals spoke in opposition to the request.
AI Rodriguez, 1806 Stacy Road, Allen, Texas;
Rebecca Rodriguez, 1806 Stacy Road, Allen, Texas;
Kim Ashmore, 1800 Heather Glen Circle, Allen, Texas;
Mack Northcutt, 1800 Green Meadow Circle, Allen, Texas;
Kenneth Krogerus, 1802 Stacy Road, Allen, Texas;
Bill Stigliano, 1808 Green Meadow Circle, Allen, Texas; and
George Richards, 1810 E. Stacy Road, Allen, Texas
The following individuals spoke in favor of the request:
Julio Bejararro, 1801 Country Brook Lane, Allen, Texas;
Andrew Mcafee, 1907 Bordeaux Court, Allen, Texas; and
Pert Virtanen, 1807 Baltimore Drive, Allen, Texas, on behalf of the Stacy Ridge Home Owners
Association's Citizen Action Committee.
The following individuals did not speak, but wished to record their opposition to the request
Donna Segars, 1805 Green Meadow Circle, Allen, Texas;
David Ashmore, 1800 Heather Glen Circle, Allen, Texas; and
David Hameed, 1600 Goodman Street, Allen, Texas.
The following individuals did not speak, but wished to record their support of the request:
Marie Virtanen, 1807 Baltimore Drive, Allen, Texas;
Patricia Clevenger, 1817 St. Johns Avenue, Allen, Texas;
Ruth Friend, 1812 Armstrong Drive, Allen, Texas;
Gary Rice, 1804 Versailles Avenue, Allen, Texas; and
Constance Springer, 1823 St Johns Avenue, Allen, Texas.
With no one else speaking, Mavor Terrell closed the public hearing.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 22, 2004
Other Business.
20. Calendar.
• June 26 — Allen USA Celebration/Celebration Park
• July 5 — City Offices Closed in Observance of July 4th
• August 13-15—Council/Staff Budget Workshop
21. Items of Interest.
The regular session recessed at 9:55 p.m.
Executive Session
PAGE
In accordance with the Texas Government Code, Legal, Section 551.071; Property, Section 551 072;
Personnel, Section 551.074; Staff Presentations, Section 551.075; the Allen City Council convened into
Executive Session at 10:10 p.m. on Tuesday, June 22, 2004, in the Council Conference Room, 305 Century
Parkway, Allen, Texas, in order to continue discussing matters pertaining to:
(+ Property – Pursuant to Section 551.072 of the Texas Government Code – Purchase of Real Property
The Executive Session adjourned at 10:30 p.m. on Tuesday, June 22, 2004.
22. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 10:31 p m. on Tuesday, June 22, 2004, in
the Council Chambers of the Allen City Hall. No action was taken on items discussed during
Executive Session.
Adjourn
MOTION: Upon a motion made by Councilmember Stout and a second by Councdmember McGregor,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 10:32 p.m. on Tuesday, June 22, 2004. The motion carried
These minutes approved on the 13" day of July, 2004.
ATTEST:
ii Shelley B. Geo4ge, CITY SECRETARY
APPROVED:
Z"
Stephen Terrell, MAYOR