Min - City Council - 2006 - 06/13 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JUNE 13, 2006
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemay
Gary Caplinger
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
The Workshop Session was not held
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 7:10 p.m. on Tuesday, June 13, 2006, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of ABettiance
1. Administration of Oaths -of -Office and Presentation of Certificates -of -Election to
Councilmember Debbie Stout, Councilmember Mark Pacheco, and Councilmember Gary
Caplinger.
Public Recoenition
2. Citizens' Comments.
Raymond Johnson, 740 Fairlawn Street, Allen, Texas, spoke regarding the Drought Contingency
Plan.
Jack Lagos, 3120 Oxford Court, Plano, Texas, spoke regarding Agenda Item 10.
3. Administer Oaths -of -Office and Present Certificates -of -Appointment to the Newly Appointed
1 Members of the Public Art Committee.
Public Art Committee Appointee
Expiration Date
Place No. I Chnsta Krais
September 30, 2007
Place No. 2 David Baldwin
September 30, 2008
Place No. 3 Ann Carroll
September 30, 2007
Place No. 4 Jane Bennett
September 30, 2008
Place No. 5 Lesley Wtarda
September 30, 2007
Place No. 6 Donna Niewold
September 30, 2008
Place No. 7 Denise Gilbert
September 30, 2007
4. Presentation of Blue Star Flags to the Families of Allen Service Personnel Currently Deployed
by the U.S. Armed Forces.
5. Presentation of a Check Indicating `Volunteer Hours to the Community' by Anne Sandfort,
President of the Allen Retired Educators' Association.
6. Presentation Regarding Steering Committee Recommendations for 2006 Capital Improvement
Program.
Consent Aeenda
Councdmember McGregor removed Agenda Item 10 from the Consent Agenda.
1 MOTION: Upon a motion made by Councdmember Bartlemay and a second by Councdmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to approve and adopt the
remaining items on the consent agenda as follows:
7. Approve Minutes of the May 9, 2006, Regular Meeting.
8. Approve Minutes of the May 23, 2006, Canvass of the Election.
9. Adopt an Ordinance Amending the Franchise Agreement with TXU Electric Delivery
Company to Use the City of Allen's Public Rights -of -Way.
ORDINANCE NO. 2522-6-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING EXISTING FRANCHISE ORDINANCE NO.
2294-6-04 BETWEEN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND TXU
ELECTRIC DELIVERY COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS AND
ASSIGNS, TO PROVIDE FOR A DIFFERENT PAYMENT SCHEDULE; PROVIDING AN
EXTENSION OF THE FRANCHISE TERM, PROVIDING FOR TXU ELECTRIC DELIVERY
ACCEPTANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW
11. Adopt a Resolution Authorizing Execution of Necessary Contracts Ratifying the Cities
Aggregation Power Project's Contract with Its Selected Retail Electric Provider and Approve a
Power Supply Agreement for a Period of 12 to 24 Months.
RESOLUTION NO. 2524-6-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITIES AGGREGATION
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 13, 2006
PAGE
POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR
DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2007; AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO SIGN A CONTRACT WITH CAPP FOR THE CITY OF
ALLEN'S 2007 AND 2008 ELECTRICITY NEEDS; AND COMMITTING TO BUDGET FOR
ENERGY PURCHASES IN 2007 AND 2008 AND TO HONOR THE CITY OF ALLEN'S
COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2007 AND 2008
THROUGH CAPP; AND PROVIDING AN EFFECTIVE DATE.
12. Adopt a Resolution Authorizing Execution of License Agreements for St. Mary Drive Crossing
Dallas Area Rapid Transit (DART) Right -of -Way.
RESOLUTION NO. 2525-6-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THREE LICENSE AGREEMENTS
WITH THE DALLAS AREA RAPID TRANSIT (DART) FOR THE INSTALLATION OF
PAVING, DRAINAGE, AND WATER UTILITY IMPROVEMENTS ACROSS DART RIGHT-OF-
WAY (ROW) IN ASSOCIATION WITH THE ST. MARY DRIVE (PHASE 111) CAPITAL
PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LICENSE
AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE.
13. Authorize Execution of a Professional Engineering Services Contract with Grantham &
Associates, Inc. for the Design of Widening Angel Parkway from Celebration Park to Main
Street for an Amount not to exceed $59,790 and Establish a Preliminary Project Budget of
$500,000.
14. Authorize Expenditure of Funds for Alternate Fuel Purchases and Utilization of the Fleet Fuel
Card Purchases and Management Services through the Interlocal Cooperative Purchasing
Agreement by and between the City of Allen and Tarrant County's Authorized Contractor,
Barney Holland Oil Company d/b/a Fuelman/Gascard of DFW for an Amount not to exceed
530,000.
15. Award Bid and Authorize Execution of a Contract with Reynolds Asphalt & Construction
Company for the Construction of Asphalt Milling & Overlay on such Streets as Buckingham
Lane, Buckingham Court, Heather Glen Circle, and Green Meadow Circle in the Amount of
$154,034 and Approve a Project Budget of $162,000.
16. Award Bid and Authorize Execution of a Contract with JRJ Paving, L.P. for the Construction
of St. Mary Drive, Phase III, for an Amount of $1,851,764.40 and Increase the Project Budget
to $2,091,013.
17. Award Bid and Authorize Execution of a Contract with Interspec LLC for Irrigation System
Controllers, Parts, and Supplies for an Amount not to exceed $75,000 with a One-year Option
to Renew under the Same Terms and Conditions.
18. Award Bid and Authorize Execution of a Two-year Contract with the 3M Company for the
Purchase and Delivery of Reflective Sheeting and Miscellaneous Sign Materials for an
Estimated Annual Total Expenditure of $53,046 with a One-year Option to Renew with
Contract Pricing being Increased/Decreased for the One-year Renewal Period Based on the
U.S. Department of Labor Producer Price Index for an Amount not to exceed 5%.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 13, 2006
PAGE
19. Award Bid and Authorize Execution of an Annual Contract with A & B Powerwashing for
Stop Sign Replacements with an Estimated Annual Expenditure of $30,000 with Four One-year
Options to Renew under the Same Terms and Conditions and to Ratify Expenditures of
$12,000.
20. Award Bid and Authorize Execution of a Two-year Contract with Byong C. So d/b/a
Waterfalls Carwash and Lube for Fleet Vehicle Wash Services for an Amount not to exceed
$25,000 with a One-year Option to Renew under the Same Terms and Conditions.
21. Set Thursday, June 29, 2006, as the Date for the Special Called Joint Meeting with the City
Council and the 2006 Capital Improvement Program (CIP) Steering Committee.
22. Receive the Summary of Property Tax Collections as of April 2006.
The motion carred.
10. Adopt a Resolution Approving the Amended and Restated Articles of Incorporation of the Arts
of Collin County Commission, Inc.
RESOLUTION NO. 2523-6-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AMENDED AND RESTATED
1 ARTICLES OF INCORPORATION OF THE ARTS OF COLLIN COUNTY COMMISSION, INC.,
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Resolution No.
2523-6-06(R), as previously captioned, approving the Amended and Restated Articles of
Incorporation of the Arts of Collin County Commission, Inc. The motion carried.
Regular Aeenda
23. TABLED ITEM: Adopt an Ordinance Amending PD Planned Development No. 54, Tract 32E
for GO Garden Office, to Amend the Concept Plan for a Proposed Office Development, to
Allow Additional Monument Signage and to Amend the Required Front Yard Setback from
100 Feet to 25 Feet. The Property is 6f Acres of Land Located Northeast of McDermott Drive
and Lakeway Drive.
MOTION: Upon a motion by Councilmember Bartlemay and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) against to remove this item from the table.
Although the public hearing was closed, Mayor Terrell asked anyone wishing to speak for or against
the request to do so at this time.
Tammy Lee, 9 Wooded Lane, Allen, Texas, spoke in opposition to the request.
David Rutkoske, 10 Wooded Lane, Allen, Texas, spoke in opposition to the request.
The following individuals did not speak, but wished their opposition to the request be recorded.
Don Waldron, 1867 San Leanna Drive, Allen, Texas
Irene Moss, 11 Wooded Lane, Allen, Texas
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 13, 2006 PAGE 5
IRalph LaRovere, 8 Wooded Lane, Allen, Texas
ORDINANCE NO. 2526-6-06: 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
AMENDING PLANNED DEVELOPMENT 54, TRACT 32E AS HERETOFORE AMENDED, BY
AMENDING THE CONCEPT SITE PLAN TO PROVIDE FOR ADDITIONAL BUILDINGS AND
LOCATIONS FOR AN OFFICE DEVELOPMENT; TO ALLOW ADDITIONAL MONUMENT
SIGNAGE — ONE AT EACH ENTRANCE; AND TO REQUIRE ONE SURFACE HANDICAP
PARKING SPACE IN FRONT OF EACH BUILDING AND ONE UNDERGROUND HANDICAP
PARKING SPACE FOR THOSE BUILDINGS THAT CONTAIN UNDERGROUND PARKING,
BEING 6.0456± ACRES IN THE ALFRED SLACK SURVEY, ABSTRACT NO. 854, CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A,"
ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT SITE PLAN
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 motion by Councilmember Stout and a second by Councilmember Pacheco, the
Council voted five (5) for and two (2) against with Councilmembers Obermeyer and
McGregor casting the negative votes, to adopt Ordinance No. 2526-6-06, as previously
captioned, amending PD Planned Development No. 54, on 6.0456± acres of land located
northeast of McDermott Drive and Lakeway Drive, to amend the concept site plan for an
office development, to provide for three monument signs - one at each entrance, and to
require one surface handicap parking spot in front of each building and one for each building
underground with the following additions: 1) Attach Site Plan A as Exhibit "B"; 2) Exterior
walls shall be 75% stone and 25% stucco; 3) Attach Building Elevations as Exhibit "C"; and,
4) Roof materials shall be a GAF slate blend and attach the roof photo as Exhibit "D." The
motion carried.
24. Conduct a Public Hearing and Adopt an Ordinance Granting an Amendment to the Allen
Land Development Code Zoning Regulations Regarding Tree Replacement Guidelines.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
MOTION: Upon a motion by Councilmember Bartlemay and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) against to deny the request for an amendment to the
Allen Land Development Code Zoning Regulations to provide for a Limited Waiver of Tree
Replacement and/or Payment in Lieu of Tree Replacement for the North Texas Municipal
Water District. The motion carried.
Councilmember Pacheco left the Council bench after filing an affidavit of conflict of interest for the next two
agenda items.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 13, 2006
PAGE
25. Conduct a Public Hearing and Adopt an Ordinance Approving the Establishment of
Reinvestment Zone #28A and Authorize the Mayor to Execute Amended and Restated Tax
Abatement Agreement with Duke Realty Limited Partnership to Accommodate Change in
Office Building Height and Building Configuration.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2527-6-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 28A
(DUKE REALTY LIMITED PARTNERSHIP EXPANSION; PROVIDING ELIGIBILITY OF THE
ZONE FOR COMMERCIAL -INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS
THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE
IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO
THE LAND AND THE CITY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
FOR A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID
ORDINANCE.
MOTION: Upon a motion by Councdmember McGregor and a second by Councilmember Bartlemay,
Lthe Council voted six (6) for, none (0) and one (1) abstaining against to adopt Ordinance No.
2527-6-06, as previously captioned, approving the formation of Reinvestment Zone #28A
and authorize the Mayor to execute the Amended and Restated Tax Abatement Agreement
necessary to provide the proposed tax abatement schedule of 50% for 10 years in support of
the construction of a five -story, 120,000 square foot office building by Duke Realty Limited
Partnership at the southwest comer of Venture Parkway and US 75 in Allen.
26. Conduct a Public Hearing and Adopt an Ordinance Approving the Establishment of
Reinvestment Zone #29 and Authorize the Mayor to Execute a Tax Abatement Agreement with
JaRyCo Development LLC and Twin Creeks Hospital, LP for a 42,000± Square Foot Medical
Rehabilitation Center at 1001 Raintree Circle in Twin Creeks Business Park.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2528-6-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 29
(JARYCO DEVELOPMENT, LLC AND TWIN CREEKS HOSPITAL, LP); PROVIDING
ELIGIBILITY OF THE ZONE FOR COMMERCIAL -INDUSTRIAL TAX ABATEMENT;
CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A
REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE OF SAID ORDINANCE,
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 13, 2006
PAGE 7
MOTION: Upon a motion by Councilmember Stout and a second by Councilmember Obermeyer, the
Council voted six (6) for, none (0) against and one (1) abstaining to adopt Ordinance No.
2528-6-06, as previously captioned, approving the formation of Reinvestment Zone #29 and
authorize the Mayor to execute documents necessary to provide the proposed tax abatement
schedule of 50% for 10 years for JaRyCo Development LLC and Twin Creeks Hospital, LP
in support of the construction of an approximately 42,000 square foot medical rehabilitation
center at 1001 Ramtree Circle in Twin Creeks Business Park. The motion carried.
Councilmember Pacheco returned to the Council bench.
Other Business
27. Calendar.
June 24 — Allen USA Celebration
June 29 — Special Called Joint Meeting/City Council and the CIP Steering Committee
28. Items of Interest.
Councilmember McGregor expressed appreciation to all those who helped with the charity softball
game held benefiting the Public Safety Fund.
Executive Session
29. Reconvene and Consider Action on Items Discussed during Executive Session.
The Executive Session was not held.
Adiourn
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 8:55 p.m. on Tuesday, June 13, 2006. The motion carried.
These minutes approved on the 27' day of June, 2006.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shel ey B. George, TAMC, CITY SECkETARY