Min - City Council - 2004 - 08/24 - RegularALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 24, 2004
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obeimeyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
City StafT:
Peter H Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Peter G. Smith, City Attorney
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:12 p.m. on Tuesday, August 24, 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:
Questions on Current Agenda
Discussion Regarding Applicants for the Various Boards, Commissions, and Corporation
Other Items
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:04 p.m. on
Tuesday, August 24, 2004
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 7:09 p.m. on Tuesday, August 24, 2004, in the Council Chambers of the Allen City
Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas.
Ev Pledee of Alleeiance
Public Recoenition
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 24, 2004 PAGE 2
1. Citizens'Comments.
Council recognized Boy Scout members from Troops 838 and 79 who were in attendance as part of
the requirements for earning a communications merit badge.
Consent Agenda
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*
2. Approve Minutes of the August 10, 2004, Regular Meeting.
3. Approve Minutes of the August 13, 14, and 15, 2004, FY 2004-2005 Budget Workshop.
4. Adopt an Ordinance Amending the Code of Ordinances, Chapter 14, "Utilities," Revising the
City's Wastewater Industrial Pretreatment Program's Monthly Average Limits for
Chromium, Cyanide, and Zinc.
ORDINANCE NO. 2318-8-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 14, "UTILITIES," ARTICLE II, "SEWERS GENERALLY," SECTION
14-23, "HAZARDOUS METALS AND CHEMICAL OR TOXIC SUBSTANCES," TO AMEND
THE TECHNICALLY BASED LOCAL LIMITS FOR CHROMIUM, CYANIDE, AND ZINC,
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2000) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
5. Adapt a Resolution Authorizing Execution of Necessary Agreements Ratifying the Cities
Aggregation Power Project's (CAPP) Contract with its Selected Retail Electric Provider and
Approve a Power Supply Agreement for a Period of Twelve to Twenty-four Months.
RESOLUTION NO. 2319-8-04(R): A RESOLUTION OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC TO
NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY
EFFECTIVE JANUARY 1, 2005, AUTHORIZING THE CITY MANAGER OR OTHER
DESIGNATED CITY OFFICIAL TO SIGN A CONRACT WITH CAPP FOR THE CITY OF
ALLEN'S 2005, OR 2005 AND 2006 ELECTRICITY NEEDS; AND COMMITTING TO BUDGET
FOR ENERGY PURCHASES IN 2005, OR 2005 AND 2006 AND TO HONOR THE CITY OF
ALLEN'S COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2005,
OR 2005 AND 2006 THROUGH CAPP; AND PROVIDING AN EFFECTIVE DATE.
6. Adopt a Resolution Authorizing Execution of an Inter -Jurisdictional Mutual Aid Agreement
for Collin County, for the Purpose of Providing and Receiving Assistance in the Event of a
Disaster or Civil Emergency.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 24, 2004
PAGE
RESOLUTION NO. 2320-8-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
AN INTER -JURISDICTIONAL MUTUAL AID AGREEMENT FOR COLLIN COUNTY, TEXAS,
FOR THE PURPOSE OF PROVIDING AND RECEIVING ASSISTANCE AMONG THE PARTIES
IN THE EVENT OF A DISASTER OR CIVIL EMERGENCY. AND PROVIDING AN
EFFECTIVE DATE.
7. Adopt a Resolution Authorizing the City Manager and City Attorney to Initiate Eminent
Domain Proceedings, if Necessary, for Acquisition of Right -of -Way for Roadway
Improvements along SH 5 from Exchange Parkway to Stacy Road.
RESOLUTION NO. 2321-8-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE
ACQUISITION OF STREET RIGHT-OF-WAY FOR STATE HIGHWAY 5 AS DESCRIBED IN
THE EXHIBITS ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT
DOMAIN TO ACQUIRE THE RIGHT-OF-WAY; AND PROVIDING FOR AN EFFECTIVE DATE.
8. Award Bid and Authorize Execution of a Contract with ASI-Modulex in the Amount of $60,092
for the Signage and Graphics for the New Allen Public Library and Civic Auditorium.
Council authorized the City Manager to execute the contract.
9. Award Bid and Authorize Execution of a Contract with Dal Ec. Construction, Ltd., in the
Amount of $389,388 for Water System Lighting Improvements at the Custer Road, Stacy
Road, and Lucas Pump Stations, and the Custer Road and Bethany Drive Elevated Storage
Tank Sites and Revise the Project Budget to $435,000.
Council authorized the City Manager to execute the contract.
10. Authorize Execution of an Agreement to Abandon the Existing Drainage Easement in the
Lowes -Allen Addition Property on McDermott Drive.
Council authorized the City Manager to execute the contract.
11. Authorize the Purchase of One Twenty -foot Knuckleboom Loader Cab and Chassis through
the Houston -Galveston Area Council of Government's Contractor, Heil of Texas, for an
Amount not to exceed $89,410.
Council authorized the City Manager to execute the contract.
12. Accept the Resignation of Lonnie Thomas, Allen Representative of the Arts of Collin County
Commission, and Declare a Vacancy.
13. Accept the Resignation of Eric Biggers, Place No. 1 of the Sign Control Board, and Declare a
Vacancy.
14. Receive the Quarterly Financial Report for the Period Ending June 30, 2004.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 24, 2004 PAGE 4
15. Receive the Quarterly Investment Report for the Period Ending June 30, 2004.
16. Receive the Summary of Property Tax Collections as of July 2004.
17. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried
Reeular Agenda
18. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from MF -18
Multi -family and TH Townhome to Planned Development Zoning for TH Townhome
Residential and SF Patio Home Uses on 32t Acres of Land Located at the Southeast Corner of
Stacy Road and Curtis Lane.
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. 2322-8-04: 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 FROM MF -I8 MULTI -FAMILY AND TH TOWNHOME TO PD PLANNED
DEVELOPMENT NO. 93 FOR TRACT A, 19 84t ACRES FOR TH TOWNHOME, AND TRACT B,
1286+ ACRES FOR R-7 SINGLE FAMILY RESIDENTIAL IN THE L.K. PEGUES SURVEY,
ABSTRACT NO. 702 AND THE F.C. WILMETH SURVEY, ABSTRACT NO. 999, CITY OF ALLEN,
COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN ATTACHED AS EXHIBIT
"B 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 Bartlemay and a second by Councilmember
Pacheco, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No
2322-8-04 as previously captioned. The motion carried.
19. Conduct a Public Hearing and Adopt an Ordinance Amending PD Planned Development No.
54 for Neighborhood Recreation to PD Planned Development No. 54 for Garden Office on 63
Acres of Property Located North of McDermott Drive and West of Rowlett Creek
Councilmember Pacheco stepped down from the Council bench after filing a conflict of interest
affidavit with the City Secretary
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.
I
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 24, 2004
PAGE 5
ORDINANCE NO. 2323-8-04: 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 AMENDING
PLANNED DEVELOPMENT 54, ORDINANCE NO. 1172-5-93, AS HERETOFORE AMENDED,
BY CHANGING THE ZONING FROM NR NEIGHBORHOOD RECREATION TO GO GARDEN
OFFICE FOR TRACT 32E CONSISTING OF 6.045± ACRES IN THE ALFRED SLACK SURVEY,
ABSTRACT NO. 854, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A
CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B", 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 Mayor Pro Tem Fulk and a second by Councilmember McGregor,
the Council voted six (6) for, none (0) opposed, and one (I I abstained, with Councilmember
Pacheco abstaining, to adopt Ordinance No. 2323-8-04 as previously captioned, with the
inclusion of the elevation drawings as an exhibit to the Ordinance. The motion carried.
Councilmember Pacheco returned to the Council bench.
20. Conduct a Public Hearing Regarding an Amendment to the 2004-05 Community Development
Block Grant (CDBG) Action Plan.
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.
21. Conduct a Public Hearing on the Budget as Required by Article IV, Section 4.04 of the Allen
City Charter.
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.
22. Conduct a Public Hearing on the Tax Rate.
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
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 set the City Council meeting date of
September 14, 2004, at 7.00 p.m. at Allen City Hall, 305 Century Parkway, Allen, Texas, to
vote on the proposed tax rate for the FY 2004-2005 budget. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 24, 2004 PAGE 6
23. Motion to Appoint an Allen Representative to the Board of Directors for the Arts of Collin
County Commission.
No action taken.
24. Calendar.
• August 25 — Friends of the Library Volunteer Reception/Allen Public Library/6.30-8:00 p.m.
• September 6 —City Offices Closed in Observance of Labor Day
• September 28 – 4A/413 Training/Texas Economic Development Council/Dallas
• October 5 –REVISED DATE for TRIAD/Gentry Training Facility/6:00 p.m.
25. Items of Interest.
Executive Session
The Executive Session was not held.
26. Reconvene and Consider Action on Items Discussed during Executive Session.
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 adjourn the regular session of the
Allen City Council at 8 05 p.m on Tuesday, August 24, 2004. The motion carried.
These minutes approved on the 10 day of September 2004.
ATTEST:
1 Ott-alt
Shelley B. Ge ]dMC,""�
SECRETARY
L
APPROVED:
Akcx
Stephen Terrell, MAYOR