Min - City Council - 2004 - 12/14 - RegularALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 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
Workshop Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6.21 p.m. on Tuesday, December 14, 2004, in the Council Conference Room of the
Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding
workshop included:
Introduction of W K. 'Cal' Calvin, Chair of the Library Board
Discussion Regarding Proposed Chase Oaks Golf Course Fees
Briefing Regarding Tentative Cable Franchise with Grande Communications
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6.54 p.m. on
Tuesday, December 14, 2004
Call to Order and Announce a Quorum 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 7.06 p.m. on Tuesday. December 14, 2004, in the Council Chambers of the Allen
City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
Public Recognition
A
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2004
Citizens' Comments.
PAGE 2
Council recognized Boy Scouts from Troop Nos. 406, 639, and 708 who were in attendance as part of
the requirements for earning the community and citizenship merit badge.
2. W. K. `Cal' Calvin, Chair of the Library Board, will Present the State of the Library Report to
the City Council.
3. Presentation of a Proclamation by the Office of the Mayor:
• Presentation of a Proclamation to the GIS Division of the Planning and Development Department
Proclaiming December 14, 2004, as GIS Dm
Consent Agenda
Councilmember Obermeyer commented on the award of the construction contract for the Senior Citizen
Recreational Facility and announced an expected completion date of December 2005.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Bardemay, the Council voted seven (7) for and none (0) opposed to approve and adopt the
consent agenda as follows
4. Approve Minutes of the November 23, 2004, Regular Meeting.
5, Adopt a Resolution Authorizing an Interlocal/Cooperative Purchasing Agreement between the
City of Allen and Dallas County for Dallas County's Use of City of Allen Supplier Contracts.
RESOLUTION NO. 2349-12-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY. TEXAS, AUTHORIZING PARTICIPATION IN AN
INTERLOCAL/ COOPERATIVE PURCHASING AGREEMENT BETWEEN CITY OF ALLEN
AND DALLAS COUNTY FOR DALLAS COUNTY'S USE OF CITY OF ALLEN SUPPLIER
CONTRACTS, AND PROVIDING FOR AN EFFECTIVE DATE.
Adopt a Resolution Authorizing Execution of an Agreement with the Texas Department of
Transportation for the Installation and Reimbursement for the Operation and Maintenance of
Traffic Signals along US 75.
RESOLUTION NO. 2350-12-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT MADE BY AND THROUGH THE STATE OF TEXAS, ACTING BY
AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR THE
INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF
TRAFFIC SIGNALS WITHIN THE CITY OF ALLEN.
7. Adopt a Resolution Authorizing an Interlocal Agreement with Collin County Regarding Funds
for the Design of West Exchange Parkway from LIS 75 to SH 121.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2004
PAGE
RESOLUTION NO. 2351-12-04(R): 4 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 COLLIN COUNTY AND THE CITY OF
ALLEN, TEXAS, CONCERNING THE DESIGN OF WEST EXCHANGE PARKWAY;
AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN
EFFECTIVE DATE.
Authorize Execution of a Professional Engineering Services Contract with Corwin Engineering
for an Amount not to exceed $500,240 for Design Services for the Widening of West Exchange
Parkway and Establish Project Funding and a Project Budgets.
Council authorized the City Manager to execute the contract.
Authorize Execution of a Professional Engineering Contract with Birkhoff, Hendricks &
Conway, L.L.P. for Engineering and Design Services for Site Improvements to Chase Oaks
Golf Course for an Amount not to exceed $57,600.
Council authorized the City Manager to execute the contract
10. Authorize Execution of a Contract for Avaya Switch Gear from Source Communications to
Upgrade the Phone Switch to Voice over IP (VOIP) for Voice Communications for the New
Public Library for an Amount not to exceed $26,479.
Council authorized the City Manager to execute the contract.
it. Authorize Execution of a Contract with Southwestern Bell Communications for Cisco Routers
for Voice and Data Communications between City Hall, the New Public Library, Fire Station
No. 2, Fire Station No. 3, the Don Rodenbaugh Natatorium, Animal Control, and the Joe
Farmer Recreation Center for an Amount not to exceed $47,875.10.
Council authorized the City Manager to execute the contract
12. Authorize the Purchase of a New Cab and Chassis and the Remount of a Type I Generator
Powered Ambulance Module through the Houston -Galveston Area Council of Governments'
Contractor, Freeway Ford, for an Amount not to exceed $82,600.
Council authorized the City Manager to approve the purchase of the cab and chassis and remount of
the module.
13. Authorize Execution of a Term Contract for Lease and Maintenance for Seventeen Copiers
and Maintenance Services for a Total Estimated Three -Year Expenditure of $219,563.88,
Subject to Annual Appropriations by the City Council.
Council authorized the City Manager to execute the contract
14. Award Bid and Authorize Execution of a Contract with Constructors & Associates for
Construction of the Senior Citizens Recreational Facility in the Amount of $3,964,179 and
Amend the Project Budget to $4,750,000.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2004 PAGE 4
Council authorized the City Manager to execute the contract.
15. Declare a Vacancy for Alternate Place No. 1 for the Board of Adjustment/Building &
Standards Commission/Sign Control Board.
16. Receive the Quarterly Investment Report for the Period Ending September 30, 2004.
The motion carried.
Reeular Agenda
17. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning to Amend
PD Planned Development No. 92 by Amending the Development Regulations Regarding
Signage, Setbacks, Driveway Locations, and Sidewalks on 5291 Acres Located North of Stacy
Road, South of SH 121, between Watters Road and Chelsea Boulevard for the Star Creek/Blue
Star Development.
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. 2352-12-04: 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 " PD" PLANNED DEVELOPMENT NO. 92, ORDINANCE NO. 2272-3-04, BEING
529.61 ACRES 1N THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, AND THE
GEORGE FITZHUGH SURVEY, ABSTRACT NO 321, CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; BY
AMENDING THE DEVELOPMENT REGULATIONS 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 million made by Councilmember Pacheco and a second by Councilmember Stout, the
Council voted seven (7) for and none opposed to adopt Ordinance No. 2352-12-04 as
previously captioned with the following amendments. I) the decision on the driveways be
deferred to staff after completion of the Traffic Impact Analysis; 2) attach the Side -yard
Fencing and Landscape Detail and Side -,yard Fencing and Landscape Plan at Alley exhibits:
3) change the allowance for monument signs along Watters Road to allow one primary multi -
tenant sign on the eastside of Watters Road and two primary multi -tenant signs on the
eastside of Watters Road, and, 4) the last sentence of the ordinance be changed to read "Tree
mitigation shall be given for all trees planted in StarCreek regardless of land use." The
�motion carried.
Council took a short break.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2004
PAGE 5
18. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from AO
Agriculture -Open Space to PD Planned Development No. 96 for AO —Agriculture -Open Space,
R4 Residential and R5 Residential Uses on 127± Acres Located South of Bethany Drive and
East of Alma Drive for the Montgomery Farm Development.
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. 2353-12-04: 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 "AO" - AGRICULTURE -OPEN SPACE DISTRICT TO "PD" —
PLANNED DEVELOPMENT FOR AGRICULTURE -OPEN SPACE, "R4" RESIDENTIAL, AND
"RS" RESIDENTIAL USES BY ESTABLISHING PLANNED DEVELOPMENT NO. 96 ON
127275± ACRES IN THE DAVID H. NIX SURVEY, ABSTRACT NO. 668, MICHAEL SEE
SURVEY, ABSTRACT NO. 543, AND THE T G. KENNEDY SURVEY, ABSTRACT NO. 500,
CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A CONCEPT PLAN FOR ANGEL
FIELD WEST ATTACHED AS EXHIBIT -B," AND THE MONTGOMERY MEWS ATTACHED
AS EXHIBIT "C", PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS
EXHIBIT "D", 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 EACII OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obenneyer,
the Council voted seven (7) for and none opposed to adopt Ordinance No. 2353-12-04 as
previously captioned with an amendment that the use regulations override the lot percentages
shown on the concept plans The motion carried.
19. Consider Adopting an Ordinance Increasing the Tax Exemption for Individuals who are
Disabled or 65 Years of Age or Older.
ORDINANCE NO. 2354-12-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY ADDING
SECTION 2-9 TO PROVIDE FOR REVIEW OF 'THE ANNUAL EXEMPTIONS AND BY
AMENDING CHAPTER 2, ARTICLE I. SECTIONS 2-7 AND 2-8 TO INCREASE THE ANNUAL
EXEMPTION FROM AD VALOREM TAXATION FOR INDIVIDUALS WHO ARE DISABLED
OR SIXTY-FIVE (65) YEARS OF AGE OR OLDER, PROVIDING A REPEALING CLAUSE,
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem FUIL
the Council voted seven (7) for and none opposed to adopt Ordinance No. 2354-12-04 as
previously captioned The ntnncn carried
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
McGregor, the Council voted seven (7) for and none (0) opposed that nominations cease and
that the slate of individuals previously nominated be appointed by acclamation to the
designated places on the Allen Arts Alliance, respectively The motion carried
Other Business
21. Calendar.
• December 23-24 —Winter Holidays/City Hall Closed
• December 31 —New Year's Day Observance/City Hall Closed
• January 22 — Council/Staff Strategic Planning Session/Hilton Garden Inn/8 a.m. – 5 p.m.
22. Items of Interest.
Council wished Councilmember Bartlemav a happy birthday
The regular session recessed at 10:36 p.m.
Executive Session
In accordance with the Texas Government Code, Legal, Section 5511171, Property, Section 551.072;
Personnel, Section 551.074: Staff Presentations, Section 551 073; the Allen City Council convened into
Executive Session at 10.38 p.m. on Tuesday, December 14. 2004, 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.
Annual Performance Review of City Manager
The Executive Session adjourned at 11.50 p.m. on Tuesday, December 14, 2004.
23. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 1 1:50 p.m. on Tuesday, December 14,
2004, in the Council Chambers of the Allen City Hall. The following action was taken on items
discussed during Executive Session:
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 14, 2004
PAGE 6
20. Consider Appointments to Fill Expiring Terms
and Vacancies
on the Arts Alliance Board.
The Council Nominating Committee nominated the following
individuals to fill expiring terms and
vacancies on the Arts Alliance:
Arts Alliance
Expiration Date
Place No. 2 Kathy Litinas
September 30, 2006
Place No. 3 Rod Schwegman
September 30, 2005
Place No. 4 Denise Gilbert
September 30, 2006
Place No. 6 Patrice Alessandra
September 30, 2006
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
McGregor, the Council voted seven (7) for and none (0) opposed that nominations cease and
that the slate of individuals previously nominated be appointed by acclamation to the
designated places on the Allen Arts Alliance, respectively The motion carried
Other Business
21. Calendar.
• December 23-24 —Winter Holidays/City Hall Closed
• December 31 —New Year's Day Observance/City Hall Closed
• January 22 — Council/Staff Strategic Planning Session/Hilton Garden Inn/8 a.m. – 5 p.m.
22. Items of Interest.
Council wished Councilmember Bartlemav a happy birthday
The regular session recessed at 10:36 p.m.
Executive Session
In accordance with the Texas Government Code, Legal, Section 5511171, Property, Section 551.072;
Personnel, Section 551.074: Staff Presentations, Section 551 073; the Allen City Council convened into
Executive Session at 10.38 p.m. on Tuesday, December 14. 2004, 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.
Annual Performance Review of City Manager
The Executive Session adjourned at 11.50 p.m. on Tuesday, December 14, 2004.
23. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 1 1:50 p.m. on Tuesday, December 14,
2004, in the Council Chambers of the Allen City Hall. The following action was taken on items
discussed during Executive Session:
ALLEN CITY COUNCIL,
REGULAR MEETING
DECEMBER 14, 2004
PAGE 7
MOTION: Upon a motion made by Mayor Pro Tem Falk and a second by Councilmember McGregor,
the Council voted seven (7) for and none (0) opposed to increase the City Manager's base
rate of pay by 6% effective January 1, 7005. The motion carred.
Adjourn
MOTION: Upon a motion made by Councilmember ;tout 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 11 51 p.m. on Tuesday, December 14, 2004 The motion carried.
These minutes approved on the 1 P° day of Jammry, 2005.
ATTEST:
Shelley B. George, C, CITY 611ECRETARY
L
APPROVED:
Stephenterrell, MAYOR