Min - City Council - 2006 - 03/28 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MARCH 28, 2006
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, Citv 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 6'20 p in on Tuesday, March 28, 2006, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included:
• Briefing Regarding the DRAFT 2006 Strategic Plan
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6 59 p in. on
Tuesday, March 28, 2006.
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, March 28, 2006, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas
Pledee of Allegiance
Public Recognition
1. Citizens' Comments.
2. Recognition of the Keep Allen Beautiful Arbor Day Poster Contest Winners.
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 28, 2006
PAGE
First Place Winner - Kate Elston of Green Elementary School; Second Place Winner - Xuan Le of
Bolin Elementary School; Third Place Winner — Brooke Girton of Boon Elementary School, and
Honorable Mention - Mary Patrick White of Norton Elementary School
3. Presentation of a Proclamation by the Office of the Mayor:
• Presentation of a Proclamation to Susan Campbell, Urban Forester with the Parks and Recreation
Department and Representatives of the Keep Allen Beautiful Board, Proclaiming April I, 2006,
as Arbor Day.
Presentation of Plaques -of -Appreciation to Former Members of Various City of Allen Boards
and Commissions.
Gary Caplinger Joey Herald
Planning & Zoning Commission Parks & Recreation Board
200-2006 2002-2006
John Kelley Steve Shaffer
Keep Allen Beautiful Board Board of Adjustment
2004-2006 Building & Standards Commission
Sign Control Board
2005-2006
5. Administer Oaths -of -Office and Present Certificates -of -Appointment to Newly Appointed
Members John Kelley, Place No. 6 of the Parks and Recreation Board and Steve Shaffer, Place
No. 5 of the Planning and Zoning Commission.
Appointee Board Place No. Expiration Date
John Kelley Parks and Recreation 6 September 30, 2006
Steve Shaffer Planning and Zoning 5 September 30, 2007
6. Recognition of the GIS Division of the Planning and Development Department as the Recipient
of Awards from the South Central Arc User Group (SCAUG).
Frank Yang, GIS Analyst, and Richard Tmong, GIS Administrator, of the Planning and Development
Department were commended for the receipt of the following SCAUG awards.
Map Book — First Place;
Most Informative — Second Place; and
Most Creative Poster— Second Place.
7. Recognition of the Parks and Recreation Department as the Recipient of the T.O.M.A.
(Texoma) Award jar Innovative Projects for a Project Titled 'Kick It Old School — 70's Kickball
Tournament'.
The Council recognized Will Mitchell, Athletic Coordinator; Shaine Power, Recreational Specialist
11, Jim Diehl, Recreational Specialist 11; Shawn Mosley, Marketing Coordinator; Susan Campbell,
Urban Forester; Teresa Warren, Public and Media Relations Officer; and the ACTV-15 staff.
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 28, 2006 PAGE 3
8. Recognition of the Parks and Recreation Department as the Recipient of the Recreation Facility
Design Award for the Design of `The Edge at Allen Station Park'.
The Council recognized Brian Bristow, Landscape Architect; Matt McComb. Park Planner; Clark
Condon & Associates; Teresa Warren, Public and Media Relations Officer, and the ACTV-15
staff.
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:
9. Approve Minutes of the March 9, 2006, Special Called Joint Meeting with the Capital
Improvement Program Steering Committee.
10. Approve Minutes of the March 14, 2006, Regular Meeting.
11. Motion to Set Thursday, April 13, 2006, as the Date for the Special Called Meeting of the City
Council and Allen Economic Development Corporation.
1 12. Adopt an Ordinance Amending the Code of Ordinances, Chapter 6, Health and Environment,
Section 6-67, Composting Program, to Allow Allen Residents One Cubic Yard of Compost per
Month instead of Three Cubic Yards.
ORDINANCE NO. 2501-3-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 6, "HEALTH AND ENVIRONMENT," SECTION 6-67 "COMPOSTING
PROGRAM"; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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.
13. Adopt an Ordinance Approving the Abandonment of a Portion of the East Bethany Drive
Right -of -Way at Prestige Circle Totaling 0.19± Acres.
ORDINANCE NO. 2502-3-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST OF
A PORTION OF BETHANY DRIVE EAST, 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.
14. Adopt an Ordinance Abandoning the Utility Easement Located at 1711 Travis Court, Allen,
Texas.
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 28, 2006
PAGE
ORDINANCE NO. 2503-3-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ABANDONING AN UTILITY EASEMENT 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.
15. Adopt a Resolution Approving the Action of the Community Development Corporation
Relating to the Sale of the Community Development Corporation Revenue Refunding Bonds,
Series 2006.
RESOLUTION NO. 2504-3-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, RELATING TO THE "ALLEN COMMUNITY
DEVELOPMENT CORPORATION SALES TAX REVENUE REFUNDING BONDS, SERIES
2006" APPROVING THE RESOLUTION OF THE CORPORATION AUTHORIZING THE
ISSUANCE OF SUCH BONDS, RESOLVING OTHER MATTERS INCIDENT AND RELATED
TO THE ISSUANCE OF SUCH BONDS, AND PROVIDING AN EFFECTIVE DATE.
1 16. Adopt a Resolution Authorizing the City Manager to Apply for TxDOT (Texas Department of
Transportation) Statewide Transportation Enhancement Program Funding Assistance in
Hike/Bike Trail Design and Construction.
RESOLUTION NO. 25053-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE SUBMITTAL OF APPLICATIONS
TO THE TEXAS DEPARTMENT OF TRANSPORTATION STATEWIDE TRANSPORTATION
ENHANCEMENT PROGRAM FOR PROJECT NOMINATIONS PROVIDED BY THE SAFE,
ACCOUNTABLE, FLEXIBLE AND EFFICIENT - TRANSPORTATION EQUITY ACT A
LEGACY FOR USERS (SAFETEA — LU); AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE APPLICATIONS, AND
PROVIDING AN EFFECTIVE DATE.
17. Adopt a Resolution Accepting the Child Abuse Investigator Grant from the State of Texas,
Office of the Governor, Criminal Justice Division, if Awarded.
RESOLUTION NO. 2506-3-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO ACCEPT GRANT 4 SF -17261-03 FROM THE
STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION
PROVIDING FUNDING FOR A CHILD ABUSE INVESTIGATOR POSITION TO BE ASSIGNED
TO THE COLLIN COUNTY CHILD ABUSE TASK FORCE, IF AWARDED.
18, Authorize Execution of a Facilities Agreement for Cumberland Crossing Subdivision with
River Trail Estates, Ltd. with regard to the Construction of the Roads, Park Improvements,
and Associated Infrastructure.
Council authorized the City Manager to execute the agreement.
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 28, 2006 PAGE 5
19. Authorize Execution of a Contract with eGov Consulting Services, LLC to Provide Services to
Develop a Five-year Information Technology Strategic Plan for an Amount not to exceed
$46,440.
Council authorized the City Manager to execute the contract
20. Authorize Execution of a One-year Contract with Elite Wellness, LLC for a Comprehensive
Performance Based Health Wellness Program for an Estimated Annual Expenditure of $51,840
with Four One-year Options to Renew under the Same Terms and Conditions.
Council authorized the City Manager to execute the contract.
21. Award Bid and Authorize Execution of One-year Contracts with Already Gear and Casco
Industries Inc., for Daily Uniforms and Physical Training Clothing for the Fire Department for
an Estimated Total Expenditure of $45,402.50 with Four One-year Options to Renew.
Council authorized the City Manager to execute the contracts.
22. Award Bid and Authorize Execution of a One -Year Contract with American Commercial
Building Maintenance Service, LLC (Primary Bidder) to Provide Custodial Services for
Various Parks and Recreation Facilities for an Estimated Annual Expenditure of $21,039 with
Two One-year Options to Renew under the Same Contract Terms and Conditions and
Designate Members Building Maintenance as the Alternate Bidder.
Council authorized the City Manager to execute the contract
23. Receive the CIP (Capital Improvement Program) Status Report.
24. Receive the Summary of Property Tax Collections as of February 2006.
The motion carried.
25. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from "A -O"
Agriculture/Open Space to "LR" Local Retail for Retail Uses on 1.66± Acres of Land Located
at 803 N. Greenville Avenue.
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, 2507-3-06: 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 "A -O" AGRICULTURE OPEN SPACE TO "LR" LOCAL
RETAIL ON 1.6608± ACRES IN THE LEWIS WETSEL SURVEY, ABSTRACT NO. 976, CITY
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 28, 2006
PAGE
OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRBED IN EXHIBIT
"A" ATTACHED; 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
McGregor, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2507-3-06 as previously captioned, granting a change in zoning from "A -O" to "LR" on
property located on 1.66± acres of land at 803 N. Greenville Avenue. The motion carried.
26. Accept the 2004-2005 Comprehensive Annual Financial Report (CAER) as Presented by
Weaver and Tidwell L.L.P.
MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to accept the 2004-2005
Comprehensive Annual Financial Report. The motion carried.
27. Motion to Confirm Vacancies in Place No. 3 of the Board of Adjustment, Building and
Standards Commission and Sign Control Board, and Place No. 4 of the Keep Allen Beautiful
Board and Consider Appointments to Fill Such Vacancies.
1 MOTION: Upon the recommendation of the Council Nomination Committee and a motion made by
Councilmember Pacheco and a second by Councilmember Bartlemay, the Council voted
seven (7) for and none (0) opposed to confirm vacancies in Place No. 3 of the Board of
Adjustment. Building and Standards Commission and Sign Control Board, and Place No 4
of the Keep Allen Beautiful Board and to appoint the following individuals to complete the
following unexpired terms: Sally Leeper to Place No. 3 of the Board of Adjustment, Building
and Standards Commission and Sign Control Board, and Lori Welborn to Place No. 4 of the
Keep Allen Beautiful Board The motion carried.
28. Calendar.
• April 1 — Arbor Day Activities
• April 3 — TRIAD Meeting
• April 7, 8, 9 — Kiwanis Circus
29. Items of Interest.
Executive Session
30. Reconvene and Consider Action on Items Discussed during Executive Session.
IThe Executive Session was not held.
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 28, 2006
17:Ctl til
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 7,48 p m. on Tuesday, March 28, 2006. The motion carried.
These minutes approved on the 11' day of April, 2006.
ATTEST:
ShelleyB. George, TRMC, CIT ECRETARY
E
F
APPROVED:
tephen Terrell, MAYOR