Min - City Council - 2005 - 09/13 - RegularL
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 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
Shelley B. George, City Secretary
Pete 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 6:18 p in. on Tuesday, September 13, 2005, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas Items discussed in the workshop included,
• Discussion Regarding Alarm Ordinance Amendments and Contract with a Third Party Provider to
Operate and Maintain an Alarm Tracking and Billing System
• Discussion Regarding Appointments to Fill Expiring Terms and Vacancies on the Various City
Boards, Commissions, and Corporations
• Update Regarding the City of Allen's Involvement at the McKinney Shelter for Hurricane Evacuees
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:59 p.m. on
Tuesday, September 13, 2005
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 7:08 p.m. on Tuesday, September 13, 2005, in the Council Chambers of the Allen
�I City Hall, 305 Century Parkway, Allen, Texas
Pledge of Alleeiance
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2005 PAGE 2
IPublic Recammition
Citizens' Comments
John Owen, Post Commander, and Larry Nordgaard, Adjutant, with Armistice Memorial VFW Post
2195, presented Tim Dentler with a plaque of appreciation for the City of Allen Parks and
Recreation's efforts to assist their post.
Mr. Chokshi, Kwik Serve, 410 N. Greenville, Allen, Texas, requested his business be granted a
waiver with regards to the distance required from schools in order that his application for a beer and
wine permit could be approved by the City Secretary.
Presentation of Blue Star Flags to the Families of Allen Service Personnel Currently Deployed
by the U.S. Armed Forces.
Mayor Terrell presented Blue Star Flags to the families of Sergeant Vernon Hickman, Jr., SKI/E-5
Jason Neeley, and lance Corporal Charles Rixey.
Presentation of Proclamations by the Office of the Mayor
• Presentation of a Proclamation to Representatives of the Local "Daughters of the American
Revolution" Chapter, Proclaiming September 17-23, 2005, as Constitution Week.
•
Presentation of a Proclamation to James Comport of Chili's Grill, Proclaiming September 26,
2005, as Create a Pepper Dar.
Consent Aeenda
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 approve and adopt the consent
agenda as follows:
4. Approve Minutes of the August 23, 2005, Regular Meeting.
5. Approve Minutes of the August 30, 2005, City Council Joint Workshop with the Allen
Economic Development Corporation.
6. Adopt an Ordinance Amending the Allen Land Development Code Allowed Uses, Development
Regulations, and Sign Regulations for the Central Business District.
ORDINANCE NO. 2433-9-05: 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, BY AMENDING SECTIONS
4 08 19, 4.091, 4.09.2, 4.154. 4 20 4, AND 4 20 5 BY AMENDING THE DEVELOPMENT
REGULATIONS AND SCHEDULE OF USES FOR THE CENTRAL BUSINESS DISTRICT, BY
i AMENDING ARTICLE VII ZONING DEVELOPMENT STANDARDS BY AMENDING TABLE
723 PERMANENT SIGNS AND DELETING TABLE 724; 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
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2005
PAGE
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
7. Adopt a Resolution Renewing and Extending the Policy Statement for Tax Abatement
Guidelines for the City of Allen.
RESOLUTION NO. 2434-9-05(B): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, RENEWING THE POLICY STATEMENT FOR TAX
ABATEMENT GUWELINES; AND PROVIDING AN EFFECTIVE DATE
Adopt a Resolution Designating the Position of Animal Control Supervisor and the Person
Occupying that Position as the Local Rabies Control Authority.
RESOLUTION NO. 2435-9-05(RI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE POSITION OF ANIMAL CONTROL
SUPERVISOR AND THE PERSON OCCUPYING THAT POSITION, AS THE LOCAL RABIES
CONTROL AUTHORITY FOR THE CITY OF ALLEN IN ACCORDANCE WITH THE
REQUIREMENTS OF SECTION 826.017 OF THE TEXAS HEALTH AND SAFETY CODE; AND
PROVIDING AN EFFECTIVE DATE
9. Authorize the Purchase of a Compact Excavator through the Houston -Galveston Area Council
(H -GAC) Cooperative Purchasing Program Authorized Contractor, Lansdowne -Moody
Company LP., for an Amount not to exceed 535,17934.
Council authorized the City Manager to execute the contract.
10. Authorize the Purchase and Installation of LED Signal Lamps through the Collin County
Governmental Purchasers Forum Authorized Contractor, Republic Electric, for an Amount
not to exceed $43,000.
Council authorized the City Manager to execute the contract.
it. Authorize the Execution of a Contract with Golf Systems for the Purchase of Peripheral
Devices and Upgrade of Software at Chase Oaks Golf Club, in the Amount of $29,798.38.
Council authorized the City Manager to execute the contract.
12. Authorize a Professional Services Contract with Columbia Medical Center of Plano
Subsidiary, L.P. d/b/a Medical Center of Plano for the Provision of Continuing Education for
the Fire Department. The Contract Shall be for One Year at a Cost of $42,011.64, with Four
Additional one-year Extensions.
Council authorized the City Manager to execute the contract.
13. Authorize Execution of a Contract for Professional Engineering Services to BW2 Engineers,
Inc. for the Engineering and Design Services for Construction of St. Mary Drive, Phase III, for
an Amount not to exceed $140,223 and Establish a Project Budget of $1,090,000.
Council authorized the City Manager to execute the contract.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2005 PAGE 4
14. Authorize Execution of a Contract between the City of Allen and the City of Dallas for the
Purchase of Untreated Water for Irrigation at the Chase Oaks Golf Club.
Council authorized the City Manager to execute the contract.
15. Accept Resignation and Declare a Vacancy on the Planning and Zoning Commission, Place
No. 4, Effective September 30, 2005.
The motion carried.
Reeular Aeenda
16. Conduct a Public Hearing on the Proposed Budget for Fiscal Year 2005-2006.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
Raymond Johnson, 740 Fairlawn Street, Allen, Texas, requested clarification on specific line items in
the budget.
With no one else speaking, Mayor Terrell closed the public hearing.
Mayor Terrell announced that the Council would vote on the proposed Budget for Fiscal Year
2005-06 at 7.00 p.m on Tuesday, September 27, 2005, at the Regular Meeting of the City Council.
17. Conduct a Public Hearing on the Proposed Tax Rate for Fiscal Year 2005-2006.
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 Mayor Pro Tem Folk, the
Council voted seven (7) for and none (0) opposed to set the City Council meeting date of
September 27, 2005, at 7:00 p.m. at Allen City Hall, 305 Century Parkway, Allen, Texas, to
vote on the proposed tax rate for the FY 2005-2006 budget. The motion carried.
18. Conduct a Public Hearing and Adopt an Ordinance Granting a change in Zoning from AO
Agriculture -Open Space to PD Planned Development No. 97 for R7 Residential Uses for 32t
acres located north of W. McDermott Drive between Lakeview Drive and Custer Road.
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 this item
James Andrew St. John, 13 Wooded Lane, Allen, Texas; and
Tammy Lee, 9 Wooded Lane, Allen, Texas.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2005
The following individuals did not speak but wished to record their opposition:
Janine Rutkoske, 10 Wooded Lane, Allen, Texas;
Hal and Irene Moss, I 1 Wooded Lane, Allen, Texas; and
Ralph LaRovere, 8 Wooded Lane, Allen, Texas.
The following individuals spoke to support of this request:
John Roach, 10040 Gaywood Road, Dallas, Texas; and
Aaron Dolton, 400 Brazoria Drive, Allen, Texas.
With no one else speaking, Mayor Terrell closed the public hearing.
PAGE 5
Mayor Terrell announced the Citv Secretary had accepted and verified written opposition from
property owners within 200 feet of the zoning request property and the Planning and Development
Director confirmed that 27% of the 200 foot protested area was computed. The Council must have a
super majority vote in order to approve the zoning request as required by Section 4.06, Changes and
Amendments, of the Allen Land Development Code
ORDINANCE NO. 2436-9-05: 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 TO PD -PLANNED
DEVELOPMENT NO. 97 FOR R7 RESIDENTIAL USES, FOR 32.89± ACRES IN THE JESSE
GOUGH SURVEY, ABSTRACT NO. 347, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND
BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR A CONCEPT
PLAN AND LOT TABULATIONS ATTACHED AS EXHIBIT "B"; PROVIDING FOR
DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "C'; PROVIDING FOR A
CONCEPT OF THE ENTRY FEATURE AS EXHIBIT "D"; PROVIDING FOR A PERIMETER
FENCING CONCEPT PLAN AS EXHIBIT "E"t PROVIDING FOR HOME ELEVATIONS AS
EXHIBIT "F", 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 Counmlmember Stout and a second by Mayor Pro Tem Fulk, the
Council voted seven (7) for and none opposed to adopt Ordinance No. 2436-9-05 as
previously captioned, with the following amendments: (I ) deletion of the table on page 6;
(2) the addition of a statement providing for 'no window openings on zero lot sides', and (3)
addition of a statement providing that 'a trail system will be provided around the lake.' The
motion carried.
19. Consider Appointments to Fill Expiring Terms and Vacancies on Various City Boards,
Commissions, and Corporations.
The Council Advisory, Quasi -Judicial and Corporation Nominating Committees submitted the
following individuals as recommended by the Council Nominating Committee to the designated
El places on the Allen Animal Shelter Advisory Committee, Allen Arts Alliance, Board of Adjustment,
Building and Standards Commission, Allen Community Development Corporation Board, Allen
Economic Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and
Recreation Board, Planning and Zoning Commission, Sign Control Board, respectively.
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2005 PAGE 6
Animal Shelter Advisory Committee
Edward McRoy
Expiration Date
Place No. 1
Mike Overton
September 30, 2007
Place No. 3
V ikki Francis
September 30, 2007
Place No. 5
Lon Braselton
September 30, 2007
Arts Alliance
Wendy Gardner
Expiration Date
Place No. 1
Sylvia Lynn Moore
September 30, 2007
Place No. 3
Rod Schwegmann
September 30, 2007
Place No. 5
Susan Butler
September 30, 2007
Place No. 7
Sandi Acheson
September 30, 2007
Board of Adiustment/Buildine & Standards Commission/Sian Control Expiration Date
Place No. I
Edward McRoy
September 30, 2007
Place No. 3
Steve Shaffer
September 30, 2007
Place No. 5
Griffith Moore
September 30, 2007
Alternate Place No. 3
Greg Cavalli
September 30, 2007
Community Development Corporation
Wendy Gardner
Expiration Date
Place No. I
W Lee Howard
September 30, 2007
Place No. 3
Lonnie Simmons
September 30, 2007
Place No. 5
Richard Kessler
September 30, 2007
Place No. 7
Debbie Stout
September 30, 2007
Economic Development Corporation
Expiration Date
Place No. 3
Kurt Kizer
September 30, 2008
Keep Allen Beautiful
Expiration Date
Place No. l
Patricia Buckley
September 30, 2007
Place No 3
Wendy Gardner
September 30, 2007
Place No 5
Carol Hohmann
September 30, 2007
Place No. 7
Dan Jenkins
September 30, 2007
Library Board
Expiration Date
Place No. 1
Julia Elina
September 30, 2007
Place No. 3
Donald Wing
September 30, 2007
Place No. 5
Susan McDaniel
September 30, 2007
Place No. 7
Mary Jane Hamilton
September 30, 2007
Parks and Recreation Board
Expiration Date
Place No I
Benny Ferguson
September 30, 2007
Place No 3
Vicki Wester
September 30, 2007
Place No. 5
Cheryl Lawson
September 30, 2007
Place No. 7
Gary Alan Moore
September 30, 2007
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2005
PAGE
Planning and Zoning Commission Expiration Date
Place No. I Alan Grimes September 30, 2007
Place No 3 Marcelle Jones September 30, 2007
Place No. 4 Jeff Cocking September 30, 2006
Place No. 5 Gary Caplinger September 30, 2007
Place No. 7 Douglas Dreggors September 30, 2007
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout,
the Council voted six (6) for and one (1) opposed with Councilmember Obermeyer casting
the negative vote, that nominations cease and that the slate of individuals previously
nominated be appointed by acclamation to the designated places on the Allen Animal Shelter
Advisory Committee, Allen Arts Alliance, Board of Adjustment, Building and Standards
Commission, Allen Community Development Corporation Board, Allen Economic
Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and
Recreation Board, Planning and Zoning Commission, Sign Control Board, respectively The
motion carried.
20. Calendar.
• October 6 — TRIAD Meeting
21. Items of Interest.
• Mayor Pro Tem Fulk asked the Council for their interest in participating in a Thanksgiving
celebration in the Civic Plaza prior to a Council meeting in November. The celebration is being
planned by the Allen Ministerial Alliance. The Council expressed interest in participating.
• Councilmember McGregor asked that letters be sent to each of the families who had received a
Blue Star Flag inviting them to come to a meeting at the end of their loved one's tour so that the
returning soldier could be recognized for completion of their seryice.
The Executive Session was not held.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor,
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Session of the
Allen City Council at 10:10 p.m. on Tuesday, September 13, 2005. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2005 PAGE 8
These minutes approved on the 27" day of September, 2005
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Gedrje, TRMC, CITY SECRETARY
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