Min - City Council - 2007 - 09/25 - RegularC
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REGULAR MEETING
SEPTEMBER 25, 2007
Present
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Mark Pacheco
Robin L Sedlacek
Gary L. 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
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:12 p.m. on Tuesday, September 25, 2007, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included
• Introduction of Ben Ferguson, Chair of the Parks and Recreation Board
• Briefing and Discussion Regarding a Request for a Variance for Douglass Distributing Shell/7-11,
Located at 301 S. Central Expressway, to Allow for a Monument Sign
• Briefing and Discussion on Development of Neighborhood Revitalization Efforts
• Discussion Regarding Nominating a Candidate for Election to the Board of Directors for the Central
Appraisal District of Collin County
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:51 p.m. on
Tuesday, September 25, 2007
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*02 p.m. on Tuesday, September 25, 2007, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledee of Allegiance
Public Recoenition
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 25, 2007 PAGE 2
1. 1. Citizens' Comments.
George Truitt, 600 Freestone Drive, Allen, Texas, spoke regarding the City's Alarm program.
Keith McCain, 428 Deer Brooke, Allen, Texas, expressed support for Agenda Item 5.
2. Briefing by Tom Keener, Cultural Arts Coordinator, Regarding the 40th Anniversary of the
Allen Public Library.
3. Ben Ferguson, Chair, Presented the Parks and Recreation Board's Annual Report to the City
Council.
Consent Aeenda
Mayor Terrell removed Agenda Item 15 from the consent agenda.
MOTION: Upon a motion made by Counctlmember Obermeyer and a second by Councilmember
McGregor, Council voted seven (7) for and none (0) opposed to adopt all remaining items on
the consent agenda as follows
4. Approve Minutes of the September 11, 2007, Regular Meeting.
5. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, Motor Vehicles and Traffic
Establishing the Maximum Prima Facie Speed Limit to 25 M.P.H. on Arrowhead Drive, Deer
Brooke Drive, Fox Trail, Long Cove Court, Notre Dame Road, Shady Valley Drive, Wagon
Wheel Drive, and Wood Creek Lane.
ORDINANCE NO. 2658-9-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
AMENDING THE TABLE IN 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 ARROWHEAD DRIVE, DEER
BROOKE DRIVE, FOX TRAIL, LONG COVE COURT, NOTRE DAME ROAD, SHADY
VALLEY DRIVE, WAGON WHEEL DRIVE, AND WOOD CREEK LANE WITHIN THE
CORPORATE LIMITS OF THE CITY OF ALLEN; PROVIDING FOR A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO
EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
6. Adopt a Resolution Authorizing the Issuance of Allen Community Development Corporation
Sales Tax Revenue Refunding Bonds, Series 2007A.
RESOLUTION NO. 2659-9-07(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
2007A", 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
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 25, 2007
PAGE
7. Adopt a Resolution Approving an Interlocal Cooperation Agreement with Collin County to
Permit the Use of Certain Space within the Allen Municipal Court/Parks & Recreation
Building at 301 Century Parkway for Justice of the Peace Precinct 3 Proceedings Conducted by
a Justice of the Peace and Other Collin County Elected Officials.
RESOLUTION NO. 2660-9-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE ATTACHED INTERLOCAL COOPERATION AGREEMENT BY THE CITY OF ALLEN
AND COLLIN COUNTY, TEXAS, TO PERMIT THE USE OF CERTAIN SPACE WITHIN THE
ALLEN MUNICIPAL COURT/PARKS & RECREATION BUILDING AT 301 CENTURY
PARKWAY, ALLEN, TEXAS, FOR JUSTICE OF THE PEACE PROCEEDINGS CONDUCTED
BY A JUSTICE OF THE PEACE AND OTHER COLLIN COUNTY ELECTED OFFICIALS,
AUTHORIZING EXECUTION OF THE INTERLOCAL COOPERATION AGREEMENT BY THE
CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.
S. Adopt a Resolution Nominating a Candidate for Election to the Board of Directors for the
Central Appraisal District of Collin County and Cast 106 Votes for Said Candidate.
RESOLUTION NO. 2661-9-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, PLACING IN NOMINATION THE NAME OF GARY
RODENBAUGH FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE CENTRAL
APPRAISAL DISTRICT OF COLLIN COUNTY; CASTING BALLOTS FOR THE BOARD OF
DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN
ACCORDANCE WITH SECTION 6.03(g) OF THE STATE PROPERTY TAX CODE; DIRECTING
THE CITY SECRETARY TO NOTIFY INTERESTED PARTIES OF SAID ACTION; AND
PROVIDING AN EFFECTIVE DATE.
Adopt a Resolution Designating The 411en American as the Official Newspaper of the City of
Allen.
RESOLUTION NO. 2662-9-07(Rl: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE ALLEN AMERICAN THE
OFFICIAL NEWSPAPER OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR FISCAL
YEAR 2007-2008, AUTHORIZING THE CITY MANAGER TO CONTRACT WITH THE ALLEN
AMERICAN; AND PROVIDING AN EFFECTIVE DATE
10. Set Saturday, January, 19, 2008, as the Date for the City Council Strategic Planning Session.
11. Approve a Project Management and Funding Agreement with the Allen Economic
Development Corporation Regarding the Event Center Project.
12. Approve a Project Management and Funding Agreement with the Allen Community
Development Corporation Regarding the Event Center Project.
13. Authorize the City Manager to Negotiate and Execute on Behalf of the City Such Purchase and
1 Sale Agreements, Restriction Agreements and any Related Instruments for the Exchange of the
19.5f Acre Tract Owned by the City of Allen for the 23t Acre Tract the Allen Economic
Development Corporation (AEDC) Acquired from the Leach Family Partnership LP.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 25, 2007
PAGE
14. Authorize the City Manager to Approve the Purchase, Delivery, and Installation of Fitness
Equipment at the Don Rodenbaugh Natatorium and the Joe Farmer Recreation Center
Through the Authorized State of Texas Multiple Award Schedule (TXMAS) Contractors:
Cybex International in the Amount of $122,232.28; FitLinxx in the Amount of $24,011.56; Life
Fitness in the Amount of $52,104.92; and Iron Grip in the Amount of $15,519 for a Total
Amount of $213,867.76.
16. Authorize the City Manager to Execute a Two -Year Contract for Concrete Repair with Estrada
Concrete (Primary) with an Estimated Annual Expenditure of $199,715 and Jim Bowman
Construction Co., L.P. (Alternate) with an Estimated Annual Expenditure of $233,200,
both with Three One -Year Options to Renew Under the Same Contract Terms and Conditions.
17. Authorize the City Manager to Approve the Buyout of the Existing Lease and to Execute
a Contract for a Forty -Eight Month Lease of 105 Electric Powered Golf Carts for Chase Oaks
Golf Course for an Annual Amount of $83,928.60 and a Total Amount Not to Exceed
$335,714.40.
18. Motion to Maintain the Current Impact Fee Schedule.
19. Receive the CIP (Capital Improvement Program) Status Report.
20. Receive the Summary of Property Tax Collections as of August 2007.
The motion carried.
Councilmember Pacheco filed an Affidavit of Conflict of Interest form with the City Secretary for Agenda
Item 15. He stepped down from the Council bench.
15. Authorize the City Manager to Execute a Facilities Agreement with DBSI 121/Alma Land L.P.,
and DBSI Ridgeview Road LLC for the Design and Construction of a Portion of Ridgeview
Drive and Associated Infrastructure, as it Relates to Property Owned by DBSI,
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember
Caplinger, the Council voted six (6) for, none (0) opposed and one (I) abstaining with
Councilmember Pacheco abstaining, to authorize the City Manager to execute a facilities
agreement with DBSI 121/Alma Land LY, and DBSI Ridgeview Road LLC, for the design
and construction of a portion of Ridgeview Drive and associated infrastructure, as it relates
to property owned by DBSI. The motion carried.
Councilmember Pacheco took his seat at the Council bench.
21. Adopt an Ordinance Granting a Zoning Amendment to PD Planned Development No. 96 to
Grant a Change of Zoning for the Areas Described as Subdistricts A, B and C and to Amend
the Development Regulations for a Mixture of Uses including R-5 Residential, TH Townhome,
and LR Local Retail for Connemara Crossing as Set Forth in the Ordinance.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 25, 2007
PAGE 5
MOTION: Upon a motion by Councilmember Caplinger and a second by Mayor Pro Tem Stout, the
Council voted seven (7) for and none (0) to remove this item from the table. The motion
carried.
Mr. Smith briefed the Council on case law regarding the supennajority vote requirement
With the public hearing being closed on September 11, 2007, Mayor Terrell invited anyone wishing
to speak for or against the revised concept plan to do so at this time.
Amy Monier, proponent, stated that she had met with homeowners on Sunday, September 23, and
had reached a compromise with a majority of the residents to attendance to support the revised
concept plan adding patio homes.
The following individuals spoke in support of the revised concept plan.
Richard Brewer, 414 Irvine Drive, Allen, Texas
David Egan, 1231 Irvine Drive, Allen, Texas
The following individuals spoke but did not express support or opposition to the revised concept
plan:
Robert Oake, 1218 Philip Drive, Allen, Texas
Pete March, 1201 Sonoma Drive, Allen, Texas
ORDINANCE NO. 2663-9-07: 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 BY GRANTING AN AMENDMENT TO `PD"
PLANNED DEVELOPMENT NO. 96, ORDINANCE NO. 2353-12-04, AS HERETOFORE
AMENDED, TO AMEND THE DEVELOPMENT STANDARDS, ATTACHED AS EXHIBIT `B,"
PROVIDING A CONCEPT PLAN, ATTACHED AS EXHIBIT "C;' AND PROVIDING A PARKING
PLAN, ATTACHED AS EXHIBIT "D," FOR `R-5" SINGLE-FAMILY RESIDENTIAL DISTRICT,
"TH" TOWNHOME RESIDENTIAL DISTRICT, AND "LR" LOCAL RETAIL DISTRICT FOR
CONNEMARA CROSSING BEING 18.59+ ACRES SITUATED IN THE DAVID H NIX SURVEY,
ABSTRACT NO. 543; LOCATED NORTHEAST OF BETHANY DRIVE AND ALMA DRIVE,
BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR A
REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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.
The revised Concept Plan was not considered by the City Council
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Caplinger,
the Council voted four (4) for and three (3) opposed with Councilmember Obermeyeq
Councilmember Pacheco and Councilmember McGregor casting the negative votes, to adopt
Ordinance No 2663-9-07, as previously captioned, granting a zoning amendment to PD
Planned Development No 96 to grant a change in zoning for the areas described as
Subdistricts A, B and C, and to amend the development regulations for a mixture of uses
including R-5 Residential, TH Townhome, and LR Local Retail for Connemara Crossing as
set forth in the ordinance with the stipulation that the building elevations be reviewed and
approved by the City Council before the issuance of building permits for any townhome.
The motion carried
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 25, 2007
PAGE
22. Approve an Economic Development Agreement with The Village at Allen L.P. for the
Development of the Village Retail Shopping Area, an Upscale Full -Service Hotel, Office
Facilities and the City of Allen Event Center Project, which will be a Multi -Purpose Arena
Capable of Hosting Sporting, Civic, and Entertainment Events.
MOTION: Upon a motion by Councilmember Pacheco and a second by Mayor Pro Tem Stout, the
Council voted seven (7) for and none (0) against to approve an Economic Development
Agreement with The Village at Allen, L.P for the development of The Village retail shopping
area, an upscale full-service hotel, office facilities and the City of Allen Event Center
Project, which will be a multi-purpose arena capable of hosting sporting, civic, and
entertainment events. The motion carried.
23. Motion to Confirm City Council Appointments to the Finance/Audit Committee for Fiscal Year
2008 as Recommended by Mayor Terrell.
MOTION: Upon a motion by Councilmember McGregor and a second by Councilmember Caplinger,
the Council voted seven (7) for and none (0) against to appoint Councilmember McGregor
and Councilmember Caplinger to the Finance/Audit Committee for Fiscal Year 2008 as
recommended by Mayor Terrell. The motion carried.
Other Business
25. Calendar.
• October—The Allen Public Library will be celebrating its 40'h anniversary with 40 special
events during the Month of October
• October 2 — National Night Out
26. Items of Interest.
The Council recessed the regular meeting at 8:29 p.m.
In accordance with the Texas Government Code, the Allen City Council reconvened into Executive Session at
8:35 p.m. on Tuesday, September 25, 2007, in the Council Conference Room, 305 Century Parkway, Allen,
Texas, in order to continue discussing matters pertaining to:
• Personnel — Pursuant to Section 551.074 of the Texas Government Code
Discuss Appointments to the Following:
• Board of Adjustment
• Planning and Zoning Commission
• Community Development Corporation
• Economic Development Corporation
• Arts of Collin County Commission
The Executive Session adjourned at 903 p.m. on Tuesday, September 25, 2007
27. Reconvene and Consider Action on Items Discussed during Executive Session.
I
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 25, 2007
PAGE 7
The Allen City Council reconvened into Regular Meeting at 9:04 p.m. on Tuesday, September 25,
2007 The following action was taken on Agenda Item 24:
24. Motion to Consider Appointments to Fill Expiring Terms and Vacancies on All City Boards,
Commissions, and Corporations.
Councilmember Sedlacek presented the nominations:
Animal Shelter Advisory
Committee
Expiration Date
Place No. 1
Dr. Alan Coffman
September 30, 2009
Place No. 3
Vikki Francis
September 30, 2009
Place No. 5
Lon Braselton
September 30, 2009
Board of Adlustment/Buddina & Standards Com./Sian Board
Expiration Date
Place No. 1
Gene Autrey
September 30, 2009
Place No. 3
Sally Leeper
September 30, 2009
Place No. 5
Griffith Moore
September 30, 2009
AIL Place No. 3
Hugh Brown
September 30, 2009
Central Business District Desien Review Committee Excitation Date
Place No. 1 Paula Ross September 30, 2009
Community Develooment Comoration Expiration Date
Place No. 1 W Lee Howard September 30, 2009
Place No. 3 Lonnie Simmons September 30, 2009
Place No. 5 Richard Kessler September 30, 2009
Keeu Allen Beautiful
Estimation Date
Place No.
1
Patricia Buckley
September 30, 2009
Place No.
2
Trent Armstrong
September 30, 2008
Place No.
3
Stacy Gonzales
September 30, 2009
Place No.
5
Beverly Pruitt
September 30, 2009
Place No.
7
Dan Jenkins
September 30, 2009
Library Board
Expiration Date
Place No.
1
Julia Elina
September 30, 2009
Place No.
3
Donald Wing
September 30, 2009
Place No.
5
Susan McDaniel
September 30, 2009
Place No.
7
Mary Jane Hamilton
September 30, 2009
Parks and
Recreation Board
Expiration Date
Place No.
l
Ben Ferguson
September 30, 2009
Place No.
3
Tricia Losavio
September 30, 2009
Place No. 5 Cheryl Lawson September 30, 2009
Place No 7 Gary Alan Moore September 30, 2009
Planning and and ZoningCommission Expiration Date
Place No 1 Alan Grimes September 30, 2009
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 25, 2007
PAGE
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to accept the nominations
presented by the Council Nominating Committee and that the slate of individuals previously
nominated be appointed by acclamation to the designated places on the Allen Animal Shelter
Advisory Committee, Board of AdjustmentBuilding and Standards Commission/Sign
Control Board, Central Business District Design Review Committee, Allen Community
Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and
Recreation Board, Planning and Zoning Commission, and Public Art Committee,
respectively The motion carried.
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 adjourn the Regular
Meeting of the Allen City Council at 9:07 p in. on Tuesday, September 25, 2007 The motion
carried.
These minutes approved on the 9' day of October, 2007
ATTEST:
Shelley B. Geo TRM RETARY
I
APPROVED:
Stephen Terrell, MAYOR
Place No. 3
Marcelle Jones
September 30, 2009
Place No. 5
Shirley Mangrum
September 30, 2009
Place No. 7
Douglas Dreggors
September 30, 2009
Public Art Committee
Expiration Date
Place No. 1
Emile Cannere
September 30, 2009
Place No. 3
Ann Carroll
September 30, 2009
Place No. 5
Brad Greene
September 30, 2009
Place No. 7
Denise Gilbert
September 30, 2009
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to accept the nominations
presented by the Council Nominating Committee and that the slate of individuals previously
nominated be appointed by acclamation to the designated places on the Allen Animal Shelter
Advisory Committee, Board of AdjustmentBuilding and Standards Commission/Sign
Control Board, Central Business District Design Review Committee, Allen Community
Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and
Recreation Board, Planning and Zoning Commission, and Public Art Committee,
respectively The motion carried.
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 adjourn the Regular
Meeting of the Allen City Council at 9:07 p in. on Tuesday, September 25, 2007 The motion
carried.
These minutes approved on the 9' day of October, 2007
ATTEST:
Shelley B. Geo TRM RETARY
I
APPROVED:
Stephen Terrell, MAYOR