Min - City Council - 2005 - 04/26 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 26, 2005
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
�s 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 6.18 p.m. on Tuesday, April 26, 2005, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included:
Update Regarding SH 121
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:10 p.m. on
Tuesday, April 26, 2005.
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 7:15 p.m. on Tuesday, April 26, 2005, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Public Recoenition
1. Citizens' Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 26, 2005
PAGE
Council recognized Boy Scouts from Troop No. 223 who were in attendance as part of the
requirements for earning their communications merit badge.
2. Recognition of GIS Division of the Planning and Development Department as the Recipient of
Awards from the South Central Are User Group (SCAUG):
2nd Place — Map Book
2nd Place — Most Informative
2nd Place — Most Creative Map
3. Recognition of the Allen Fire Department Explorer Post #1953 as the Recipient of the
Following Award:
tat Place — Spinal Immobilization Contest
The Allen City Council recognized the following Explorer Post 41953 members:
Aaron Alderdice, Mercedes Begs, Paul Benavidez, Natalie Griffin, Sarah Lindsey, Jennifer
Sundstedt, Brain Tissell, and Marc Zavala
4. Recognition of the Allen Police Department Explorer Post 2000 as the Recipient of the
Following Awards:
1st Place —
Crisis Negotiations
First Aid
Call for Police
Bomb Threat Response
2nd Place —
Burglary in Progress
3rd Place —
Domestic Crisis Intervention
The Allen City Council recognized the following Explorer Post 42000 members:
Team One: Meghan Winti, Gilbert Castillo, Stephanie Robinette and Matt Tolnay
Team Two: Ryan Slicker, Jon Graff, Megan Swindle and Ryan Aertker
5. Presentation of Certificates -of -Recognition to City of Allen Employees for Completing Tours of
Duty in Iraq.
Mayor Terrell presented Certificates -of -Recognition to the following City employees.
Sergeant Gene Bowles, Oklahoma Army National Guard (Street Division Equipment Operator)
Specialist Allan Stout, Amy Reserves (Water and Sewer Crew Leader)
Gunnery Sergeant Timothy Dowd, Marine Reserves (Police Officer)
6. Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Margaret Gillett, Senior Center Supervisor, and
Representatives from the Senior Facility Proclaiming the Month of April as Older
Americans' Month.
• Presentation of a Proclamation to Vikki Francis, Supervisor of Animal Control,
Proclaiming the Week of May 1-7,2005, as National Pet Week.
7. Presentation by Mary Jane Hamilton with the Allen Retired Educators Association Regarding
an Overview of the Association's Role and Commitment to the Allen Community.
A
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 26, 2005
Consent Aeenda
PAGE
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
McGregor, the Council voted seven (7) for and none (0) opposed to approve and adopt the
consent agenda as follows:
Approve Minutes of the April 12, 2005, Regular Meeting.
Adopt an Ordinance and Authorize Approval of the Abandonment of 1.64: Acres in Exchange
for 1.8f Acres of Right -of -Way in the John Cole Property Located on East Exchange Parkway,
East of Angel Parkway.
ORDINANCE NO. 2389-4-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS ABANDONING ALL RIGHT, TITLE AND INTEREST OF A
PORTION OF EXCHANGE PARKWAY, AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" AND DEPICTED IN EXHIBIT "B" ATTACHED HERETO; PROVIDING FOR THE
FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL
PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED; PROVIDING
FOR THE INDEMNIFICATION OF THE CITY OF ALLEN, TEXAS, AGAINST DAMAGES
ARISING OUT OF THE ABANDONMENT; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE ABANDONMENT, AND
PROVIDING FOR AN EFFECTIVE DATE.
10. Adopt a Resolution Authorizing Execution of an Interlocal Agreement with the State of Texas
Regarding Landscaping Improvements to the US 75 Corridor at the Bethany Drive,
McDermott Drive, Allen Drive, Exchange Parkway, and Stacy Road Interchanges.
RESOLUTION NO. 2391-4-05(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 ALLEN, TEXAS, AND THE
STATE OF TEXAS, AUTHORIZING PARTICIPATION IN THE LANDSCAPE COST SHARING
PROGRAM FOR GOVERNMENTAL ENTITIES WITH THE STATE OF TEXAS AUTHORIZING
ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE, AND PROVIDING AN EFFECTIVE
DATE.
it. Adopt a Resolution Authorizing Execution of an Interlocal Agreement with the City of Plano
Regarding Roadway Improvements along Ridgeview Drive and Establish a Project Budget of
$320,000.
RESOLUTION NO. 2392-4-05(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 ALLEN, TEXAS, AND THE
CITY OF PLANO, TEXAS, AUTHORIZING PARTICIPATION IN THE RIDGEVIEW DRIVE
WIDENING PROJECT, AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR
DESIGNEE: AND PROVIDING AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 26, 2005
PAGE 4
12. Adopt a Resolution Determining the Necessity for Acquisition of a Waterline Easement along
SH 121 between the Star Creek Development and Cottonwood Creek Baptist Church,
Authorize the City Manager and City Attorney to File Proceedings in Eminent Domain to
Acquire such Property, if Necessary, and Establish a Project Budget of $50,000.
RESOLUTION NO. 2393-4-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE
ACQUISITION OF A 10 -FOOT WIDE WATERLINE EASEMENT ALONG STATE HIGHWAY
121 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 EASEMENT, AND PROVIDING
FOR AN EFFECTIVE DATE.
13. Adopt a Resolution Authorizing Execution of a Local Law Enforcement Block Grant from the
State of Texas, Office of the Governor, Criminal Justice Division, Providing Funding for a
Digital Voice Recording System, if Awarded.
RESOLUTION NO. 2394-4-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO ACCEPT A LOCAL LAW ENFORCEMENT
BLOCK GRANT FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL
JUSTICE DIVISION PROVIDING FUNDING FOR A DIGITAL VOICE RECORDING SYSTEM,
IF AWARDED; AND PROVIDING AN EFFECTIVE DATE.
14. Adopt a Resolution Authorizing Execution of an Agreement with the State of Texas to Accept a
Tobacco Compliance Grant, if Awarded.
RESOLUTION NO. 23954-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE STATE OF
TEXAS, TO ACCEPT THE TOBACCO COMPLIANCE GRANT AWARD, IF AWARDED; AND
PROVIDING AN EFFECTIVE DATE.
15. Award the Bid and Authorize Execution of a Contract with Texas Commercial Improvements,
L.L.C. for an Amount not to exceed $82,980 for an Additional Irrigation Project for
Celebration Park.
Council authorized the City Manager to execute the contract.
16. Award the Request for Offer and Authorize Execution of an Annual Multiple Award Primary
Contract with Workhorse PC, Inc., and Award a Secondary Multiple Award Contract to
CDW-Government, Inc. (CDW-G, Inc.) for Computer Components and Equipment for an
Amount not to exceed $36,000.
Council authorized the City Manager to execute the contracts.
17. Authorize Approval of the Purchase, Delivery, and Installation of System and Miscellaneous
Furniture and Equipment for the New Municipal Court and Parks and Recreation
Administration Facility through the Authorized State of Texas (TXMAS) Contractors Haworth
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 26, 2005
PAGE 5
and Royer & Schutts for an Amount not to exceed $196,282.24 and to Amend the Project
Budget to $1,128,721.
18. Receive the CIP (Capital Improvement Program) Status Report.
19. Receive the Summary of Property Tax Collections as of March 2005.
The motion carried.
20. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from PD
Planned Development No. 54 for MF Multi -family Uses to PD Planned Development No. 54 for
TH Townhome Uses on 15t Acres Located North of McDermott Drive and East of Alma Drive.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
Stan McClellan, 1102 Rainforest Lane, Allen, Texas, on behalf of the Raintree Home Owner's
Association, spoke regarding the changes proposed in the rear setback, and requested consideration
regarding fencing, privacy issues and additional landscaping between the two communities.
�( The following persons spoke in opposition to the request and expressed concern regarding the type of
i screening proposed, rear setbacks, density and the proposed use of the Twin Creeks amenity centers:
Sharon Aplician, 6 Parkside Circle, Allen, Texas,
David Robinson, 1223 Shadetree, Allen, Texas;
Mark Curran, 1201 Greenway Drive, Allen, Texas;
Shana Dumesnil, 1225 Greenway Drive, Allen, Texas; and
Jim Rushing, 2000 W Kittyhawk Drive, Allen, Texas.
Carina Terry, 1228 Greenway Drive, Allen, Texas, expressed concern regarding the alignment of the
rear screening wall.
Kelly Valance, proponent, responded to the concerns expressed by the citizens.
With no one else speaking, Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Councdmember McGregor and a second by Councilmember Stout,
the Council voted seven (7) for and none opposed to table consideration of this item to the
next meeting. The motion carried.
21. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from PD
Planned Development No. 54 for IT Industrial Technology to PD Planned Development No. 54
for TH Townhome Uses on 27t Acres Located between Benton Drive, Bray Central Drive,
Watters Road, and Plainview Drive.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 26, 2005 PAGE 6
Jim Rushing, 2000 W Kittyhawk Drive, Allen, Texas, spoke in opposition to the request.
With no one else speaking, Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
McGregor, the Council voted seven (7) for and none opposed to table consideration of this
request to the next meeting. The motion carried.
22. Calendar.
• April 28 — Swearing In of New Postmaster/City Hall Council Chambers/2:00 p.m.
• May 2 — AEDC Allies Day/Chase Oaks Golf Club/9:30 a.m.
• May 7 — Election Day
23. Items of Interest.
Executive Session
The Executive Session was not held.
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 10:34 p.m. on Tuesday, April 26, 2005. The motion carried.
These minutes approved on the 10" day of May, 2005
ATTEST:
Shelley B. Geo RMC, CITY SECRETARY
I
Stephen Terrell, MAYOR