Min - City Council - 2005 - 12/13 - Regular0
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REGULAR MEETING
DECEMBER 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 6:15 p.m. on Tuesday, December 13, 2005, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included:
• Briefing Regarding the Proposed Rezoning of the Garden District Retail Portion of Montgomery
Farre Located at the Southwest Comer of US 75 and Bethany Drive
• Briefing Regarding SH 121
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:05 p.m. on
Tuesday, December 13, 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 7:09 p.m. on Tuesday, December 13, 2005, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
Public Recoenition
Mayor Terrell moved down the agenda to Item 2.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 13, 2005 PAGE 2
2. Presentation of a Plaque -of -Appreciation to a Former Member, Ronald Wheless, of the Keep
Allen Beautiful Board.
3. Presentation of Blue Star Flags to the Families of Allen Service Personnel Currently Deployed
by the U.S. Armed Forces.
One star Blue Star Flags were presented to the following family members:
• Mary Strader, spouse of Sergeant First Class Jimmy J. Strader, with the Army's 4" Infantry
Division. SFC Strader was deployed in December 2005, and is serving his second tour of duty in
Iraq. His first tour was in 1993 in Somali.
• Fidelia Vandehey, wife of Corporal William Vandehey, a reservist with the United States Marine
Corp Corporal Vandehey is with the 14" Marine Division, attached to the 3,d Battalion, 6"
Marines for mobilization.
• Debra Ann Galland, mother of Private Steven Earl Holloway, with the 502"d Infantry Strike D
Company, deployed in September 2005 to serve his 2"d tour of duty His first tour was to
Kuwait, with the current tour in South Baghdad, Iraq.
• Dorothy M. Esh, wife of Lieutenant Commander Timothy D. Esh, with the United States Nary,
Patrol Squadron 26 Lieutenant Commander Esh has been active duty for 18 years and is
currently a Navigator and Mission Commander deployed to Iraq in November 2005
In addition to the one star Bags, May Terrell presented the first two star Blue Star Flag to.
• Marla and Marvin Thornton, parents of Philip Rixey with the United States Air Force. Philip
was deployed in October to Kuwait His twin brother, Charles, is serving in the United States
Marine Corps and was deployed in August 2005 to Iraq.
4. Presentation of a Medal of Valor to Firefighter/Paramedic Robert Richards.
Firefighter/Paramedic Robert Richards of the Allen Fire Department was presented a Medal of Valor
for his rescue of an elderly resident from his apartment during a fire.
5. Recognition of the Winners of the Allen Recycles Day Student Recycling Art Contest.
Contest winners were chosen from submissions from Boyd Elementary, Boon Elementary, Derr
Elementary, Reed Elementary, Vaughan Elementary, Curtis Middle School and Ereckson Middle
School.
First Place Winners: Kaylan Guvemator (Kindergarten). Reagan Walston (1" grade), Sidney Kilmko
(2"d grade), McKenzie Ewing (3`d grade), Hayden Stallings (0 grade), Anthony Albanese (6`h grade),
ji Nicole Good (70' grade), and Caylie Robertson (8" grade).
Second Place Winners: Ryan Phillips (Kindergarten), Ronnie Taylor (1" grade), Annabelle Padilla
(2nd grade), Garrett Cole (3rd grade), Hannah Gabaldon (4' grade), Aileen Hoopes (6d' grade), Kat
Krug (7d' grade), and Arian Dezfoolian (8" grade).
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 13, 2005
PAGE
Third Place Winners: Aino Vden (Kindergarten), Madelyn Barrett (I" grade). Clara Ho and Hanna
Hoover tied (2"d grade), Lauren Henderson (3rd grade), Meridith Cornwell (7" grade), and James
Williamson (8" grade).
Recognition of the Purchasing Division of the Finance Department as the Recipient of the
Achievement ofFxcellence in Procurement Award.
The Council recognized Herbert Miller, Purchasing Manager, and Ann Maas, Contract Specialist.
7. Recognition of the Parks and Recreation Department as the Recipient of the Maintenance
Award at the Texas Recreation and Parks Society Region II and III Conference.
The Council recognized Gary Edwards, Operations Supervisor, and Shane Cannon, Maintenance
Worker, of the Parks and Recreation Department.
Citizens' Comments.
Jack Lagos, 3120 Oxford Circle, Plano, Texas, spoke regarding the Interlocal Agreement between the
Cities of Allen, Plano and Frisco concerning services and funding for a Collin County Cultural Arts
District.
MOTION: VUpon a motion made by Councilmember Bartlemay 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:
8. Approve Minutes of the November 22, 2005, Regular Meeting.
9. Adopt an Ordinance to Amend the Maximum Prima Facie Speed Limit for Bethany Drive,
Bray Central Drive, Exchange Parkway, Hedgcoxe Road, and Watters Road within the
Corporate Limits of the City of Allen.
ORDINANCE NO. 2467-12-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC,' ARTICLE V, "OPERATION
OF VEHICLES," DIVISION 2, "SPEED REGULATIONS,' SECTION 9-135(a), TO AMEND THE
MAXIMUM PRIMA FACIE SPEED LIMIT FOR BETHANY DRIVE, FOR BRAY CENTRAL
DRIVE, FOR EXCHANGE PARKWAY, FOR HEDGCOXE ROAD, AND FOR WATTERS ROAD
WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN; PROVIDING FOR A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR
EACH OFFENSE, AND PROVIDING FOR AN EFFECTIVE DATE
��r 10. Adopt a Resolution Designating the City Secretary as the Public Information Coordinator for
the Purposes of Receiving Training on the Responsibilities of the City of Allen Concerning the
Public Information Act.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 13, 2005
PAGE 4
RESOLUTION NO. 2468-12-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING A PUBLIC INFORMATION
COORDINATOR FOR THE PURPOSES OF RECEIVING TRAINING ON THE
RESPONSIBILITIES OF THE CITY OF ALLEN CONCERNING THE PUBLIC INFORMATION
ACT, AND PROVIDING AN EFFECTIVE DATE.
11. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with
Collin County and the Town of Fairview Regarding Funds for the Design of Stacy Road.
RESOLUTION NO. 2469-12-05(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 COLLIN COUNTY, THE TOWN OF
FAIRVIEW AND THE CITY OF ALLEN, TEXAS, CONCERNING THE CONSTRUCTION OF
STACY ROAD (FM 2786), AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND
PROVIDING AN EFFECTIVE DATE.
12. Authorize the City Manager to Execute Easement Documents, Dedicating Temporary
Construction Easements and Variable -Width Permanent Utility Easements Across City of
Allen Property to the North Texas Municipal Water District, Along the South Side of Exchange
Parkway between the Railroad Tracks and Rivercrest Drive.
Council authorized the City Manager to execute the documents.
13. Authorize the City Manager to Execute a License Agreement between the City of Allen and
Montgomery Improvement District West Ltd. for the Construction and Maintenance of the
Entry Features across Hanna Street and Brett Drive.
Council authorized the City Manager to execute the agreement.
14. Authorize the Execution of a Contract with PM AM Corporation for False Alarm Reduction
Program Services for the Allen Police Department with a Three-year Option to Renew under
the Same Terms and Conditions.
Council authorized the City Manager to execute the contract.
15. Authorize the City Manager to Expend Funds not to Exceed $176,094, for the Purchase of
Specialized Rescue Equipment, $144,300, and to Train and Equip a Group of Volunteer
Citizens to Form a Community Emergency Response Team, 531,794. The total amount,
$176,094, will be reimbursed from the 2005 State Homeland Security Program Grant and the
2005 State Homeland Security Program/Citizen Corp Program Grant.
16. Authorize the Execution of a One-year Contract with Four One-year Options to Renew with
Premier Components, d/b/a Shirts to Go (Primary) and Crosspine Enterprises, d/b/a The
Richey Company (Secondary) for the Purchase and Delivery of T -Shirts for Special Events for
Various Departments, with an Estimated Annual Total Expenditure of $28,000.
Council authorized the City Manager to execute the contracts.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 13, 2005 PAGE 5
' 17. Authorize the Purchase and Installation of Fitness Equipment for the Allen Senior Center from
Abbsolute Fitness, for an Amount not to exceed $33,205.
18. Reject All Bids Received for the West Allen Transmission Waterline Project, Bid No.
2005-09-267.
19. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried.
20. Conduct a Public Hearing and Adopt an Ordinance Revoking Specific Use Permit No. 97 for
the Restaurant/Private Club d/b/a Tailgators, Located at 604 W. Bethany Drive.
Mavor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
Jeff Petty, 18 Midday Sun, Woodlands, Texas, spoke in opposition to the item. He asked Council to
consider a ninety day extension to allow time to sale the restaurant.
Jose Jaimes, 109 Chandler Court, Allen, Texas, spoke in opposition to the item. He is negotiating the
purchase of the existing restaurant and asked Council to consider Mr. Petty's request for an
extension
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2470-12-05: 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 BY REVOKING SPECIFIC USE PERMIT NO. 97 FOR A
RESTAURANT WITH PRIVATE CLUB FOR PROPERTY ZONED PLANNED DEVELOPMENT
NO. 68 FOR CORRIDOR COMMERCIAL DISTRICT USES DESCRIBED IN EXHIBIT "A'
ATTACHED HERETO; 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 McGregor and a second by Councilmember
Pacheco, the Council voted six (6) for and one (l) opposed with Councilmember Obermeyer
casting the negative vote to adopt Ordinance No. 2470-12-05 as previously captioned,
revoking Specific Use Permit No. 97 for the Restaurant/ Private Club d/b/a Tailgators,
located at 604 W Bethany Drive. The motion carried.
21. Motion to Approve the Development Agreement Between the Montgomery Farm Garden
District, Ltd. and the City Related to the Development of Certain Improvements and the
Property Located within the Tax Increment Financing Zone No. 1 at the Southwest Corner of
Bethany Drive and US 75 and Authorize the City Manager to Execute the Agreement.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 13, 2005 PAGE 6
22. Motion to Approve the Development Agreement Between the Montgomery Farm Garden
District, Ltd. and the Allen Community Development Corporation Related to the Development
of Certain Park and Open Space Improvements on Approximately 94 Acres of Property at the
Southwest Comer of Bethany Drive and LIS 75.
23. Motion to Approve the Development Agreement Between the Montgomery Farm Garden
District, Ltd. and the Allen Economic Development Corporation Related to the Development of
Certain Improvements on Approximately 94 Acres of Property at the Southwest Corner of
Bethany Drive and US 75.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none opposed to approve the Development
Agreement between the Montgomery Farm Garden District, Ltd. and the City related to the
development of certain improvements and the property located within the Tar Increment
Financing Zone No. I at the southwest corner of Bethany Drive and US 75 and authorize the
City Manager to execute the agreement, to approve the Development Agreement between the
Montgomery Farm Garden District, Ltd. and the ACDC related to the development of certain
park and open space improvements on approximately 94 acres of property at the southwest
comer of Bethany Drive and US, and to approve the Development Agreement between the
Montgomery Farm Garden District, Ltd. and the AEDC related to the development of certain
improvements on approximately 94 acres of property at the southwest comer of Bethany
Drive and US 75. The motion carried
24. Conduct a Public Hearing and Adopt an Ordinance Designating a Tax Increment Financing
(TIF) Reinvestment Zone Number One (Garden District) in the City of Allen, Establishing the
Boundaries, Creating a TIF Board of Directors, Other Matters Relating Thereto, and
Providing for an Effective Date.
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. 2471-12-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING A CERTAIN AREA WITHIN THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AS TAX INCREMENT FINANCING
REINVESTMENT ZONE NUMBER ONE ("GARDEN DISTRICT"), ESTABLISHING THE
BOUNDARIES OF SUCH ZONE; CREATING A BOARD OF DIRECTORS FOR SAID
REINVESTMENT ZONE AND OTHER MATTERS RELATED THERETO; CONTAINING
FINDINGS, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE
DATE
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Stout, the
Council voted seven (7) for and none opposed to adopt Ordinance No. 2471-12-05 as
previously captioned, designating Tax Increment Financing Reinvestment Zone Number One
(Garden District) at the southwest corner of Bethany Drive and US 75. The motion carried.
25. Consider Designation of the City of Allen's Voting Representative to the North Central Texas
Council of Government's General Assembly.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 13, 2005
PAGE
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none opposed to designate Mayor Stephen Terrell as the
City of Allen's voting representative to the North Central Texas Council of Government's
General Assembly The motion carried.
26. Calendar.
• December 23 & 26 — City Offices Closed for Christmas Holiday
• January 2 —City Offices Closed for New Year's Holiday
• January 10 — Municipal Court and Parks and Recreation Open House
• January 21 —Allen Senior Recreation Center Grand Opening
27. Items of Interest.
Council recognized Boy Scouts from Troop Nos. 29 and 306 who were in attendance as part of the
requirements for earning their community merit badges.
Councilmember Bartlemay mentioned that she visited with the city auditors and it looks like the
City's will have a good audit again this year.
The Council wished the Allen High School Escadrille well on their travels and performance in the
Rose Parade and encouraged everyone to watch on January 2nd.
The Executive Session was not held.
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 9:05 p.m. on Tuesday, December 13, 2005. The motion carried.
These minutes approved on the I0'" day of January, 2006.
APPROVED:
fQ2Stephen errell, MAYOR
ATTEST:
Shelley B. Geo , TRMC, CITY ECRETARY