Min - City Council - 2007 - 12/11 - RegularALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 11, 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 Maager
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 5'55 p.m. on Tuesday, December 11, 2007, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas Items discussed in the workshop included:
Taping of the Holiday Message
The Workshop Session was recessed at 6:13 p in.
Executive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
6:13 p.m. on Tuesday, December 11, 2007, in the Council Conference Room, 305 Century Parkway, Allen,
Texas, in order to discuss matters pertaining to:
Legal — Pursuant to Section 551.071 of the Texas Government Code
Consultation with City Attorney Regarding the Referendum Petition Filed on November 5, 2007
The Executive Session was adjourned at 7:21 p.m. on Tuesday, December 11, 2007
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7'21 p.m. on
Tuesday, December 11, 2007
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 11, 2007 PAGE 2
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 7:23 p.m. on Tuesday, December 11, 2007, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
1. Citizens' Comments.
Stephanie Schumman, 1003 Rivercrest Boulevard, Allen, Texas, expressed concern regarding the
teen club named Club Toxic.
Consent Agenda
MOTION: Upon a motion made by Councilmember Caplinger and a second by Mayor Pro Tem Stout,
Council voted seven (7) for and none (0) opposed to adop. ,c .o,;.,e.: agenda a., follows:
2. Approve Minutes of the November 27, 2007, Regular Meeting.
3. Adopt an Ordinance Amending Ordinance No. 686-3-86 Authorizing the Designated
Expenditure of Funds in the Library Collections Acquisition Fund.
ORDINANCE NO. 2682-12-07: AN ORDINANCE OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AUTHORIZING EXPENDITURES FROM THE LIBRARY COLLECTIONS
ACQUISITION FUND FOR A LIBRARY SYSTEM, THE PURCHASE OF BOOKS AND A
LIBRARY ENDOWMENT FUND; AND PROVIDING AN EFFECTIVE DATE.
4. Adopt a Resolution Authorizing the City Manager to Execute a License Agreement with the
Dallas Area Rapid Transit (DART) for the Construction of the Stacy Road At -Grade Crossing.
RESOLUTION NO. 2683-12-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING A LICENSE AGREEMENT WITH THE
DALLAS AREA RAPID TRANSIT (DART) FOR THE INSTALLATION OF PAVING AND
DRAINAGE IMPROVEMENTS ACROSS DART RIGHT-OF-WAY IN ASSOCIATION WITH
THE STACY ROAD CAPITAL PROJECT, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE LICENSE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE
5. Adopt a Resolution Authorizing the City Manager to Execute a License Agreement with the
Dallas Area Rapid Transit (DART) for the Construction of the Village Drive At -Grade
Crossing.
RESOLUTION NO. 2684-12-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING A LICENSE AGREEMENT WITH THE
DALLAS AREA RAPID TRANSIT (DART) FOR THE INSTALLATION OF PAVING AND
DRAINAGE IMPROVEMENTS ACROSS DART RIGHT-OF-WAY IN ASSOCIATION WITH
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 11, 2007
PAGE
19 THE VILLAGE DRIVE CAPITAL PROTECT; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE LICENSE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE.
6. Authorize the City Manager to Execute a Contract with JRJ Paving, L.P. in the Amount of
$720,586.06 for the Widening of Angel Parkway, from Celebration Park to Main Street, and
Amend the Project Budget to $893,000.
7. Authorize the City Manager to Execute an Annual Contract with Republic ITS for
Maintenance of City -owned Street Lights for a Unit Price Bid not to exceed $185,350.
8. Authorize the City Manager to Execute Two-year Contracts with an Optional Two-year
Renewal with Osborn Associates, Inc. for Street Sign Blades, Sign Blanks and Stop Signs for
an Annual Amount not to exceed $45,077.30 and with Allied Tube & Conduit Corporation for
Sign Posts for an Annual Amount not to exceed $25,250.
9. Accept Resignation and Declare a Vacancy on the Public Art Committee.
Council accepted the resignation of Donna Ntewold and declared a vacancy in Place No. 6 of the
Public Art Committee. -
The motion carried.
Regular Aeenda
10. Conduct a Public Hearing and Adopt an Ordinance Granting a Zoning Amendment to PD
Planned Development No. 58 to Change a Portion of Tract 3B from MF Multi -Family to LI
Light Industrial on 16t Acres of Land Located on the North Side of Exchange Parkway, East
of Central Expressway and West of Greenville Avenue.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item
to do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2685-12-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
AND ZONING MAP, AS PREVIOUSLY AMENDED, TO GRANT A CHANGE IN ZONING FOR
A PORTION OF TRACT 3B OF PLANNED DEVELOPMENT DISTRICT NO. 58 ON 16t ACRES
OF LAND LOCATED IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF
ALLEN, COLLIN COUNTY, TEXAS, FROM "MF" - MULTI -FAMILY TO "LI' - LIGHT
INDUSTRIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2685-12-07, as
previously captioned, granting an amendment to PD 58 to change a portion of Tract 3B from
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 11, 2007
PAGE
"MF" Multi -Family to "LI" Light Industrial on 16t acres of land located on the north side of
Exchange Parkway, east of Central Expressway and west of Greenville Avenue. The motion
carried.
it. Conduct a Public Hearing and Adopt an Ordinance Granting a Zoning Amendment to Specific
Use Permit No. 103 for a Tire Service Center on ]f Acre of Land Located South of the
Southwest Corner of McDermott Drive and Watters Road.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item
to do so at this time
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2686-12-07: 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, AS PREVIOUSLY AMENDED, BY GRANTING
SPECIFIC USE PERMIT NO. 103 FOR TIRE SALES AND RELATED PARTS WITH MINOR
AUTOMOTIVE CARE SERVICES FOR PROPERTY ZONED "SC" SHOPPING CENTER
DISTRICT, BEING ,.1754+ ACRES DESCRIBED IN EXHIBIT "A," ATTAC`i; o -HERETO;
PROVIDING FOR SPECIAL CONDITIONS, 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 Caplinger and a second by Councilmember
McGregor, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2686-12-07, as previously captioned, granting Specific Use Permit No. 103 for a tire service
center on It acre of land located south of the southwest comer of McDermott Drive and
Watters Road. The motion carried.
12. Conduct a Public Hearing and Adopt a Resolution Approving the FY 2006-07 Comprehensive
Annual Performance Evaluation Report (CAPER) for the Community Development Block
Grant Program.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item
to do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
RESOLUTION NO. 2687-12-07tR): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2006-2007 COMPREHENSIVE ANNUAL
PERFORMANCE EVALUATION REPORT, AUTHORIZING ITS SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); REPEALING ALL
RESOLUTIONS IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
i
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2687-12-
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 11, 2007
PAGES
07(R), as previously captioned, approving the 2006-2007 Comprehensive Annual
Performance Evaluation Report (CAPER) for the Community Development Block Grant
Program. The motion carried.
13. Consider Submission of Referendum Petition that Ordinance No. 2663-9-07 be Submitted to
the Voters of the City of Allen for Disapproval or Approval, Consideration of Repeal of
Ordinance No. 2663-9-07 and Calling of an Election.
Mr. Smith reviewed the chronology prepared at the direction of the Council. The chronology
outlined the procedures used by staff to process the application. The staff will make changes in its
processes to verify petition signatures and land survey descriptions.
Mr. Smith stated that his legal opinion was that Ordinance No. 2663-9-07 was not subject to
Referendum based on state law and case law and that the Council was not required to call a
Referendum election as a result of the petition.
Although there was not a public hearing posted for this item, Mayor Terrell invited those wishing to
speak on this item to do so at this time.
'I he following individuals spoke regarding this item:
Robert Cake, 1218 Philip Drive, Allen, Texas
Joe Walker, 1219 Irvine Drive, Allen, Texas
There were no other speakers.
MOTION: Upon a motion made by Councdmember Pacheco and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed that the City Council not
call an election for the voters to consider the approval or disapproval of Ordinance No. 2663-
9-07 as a result of the referendum petition filed pursuant to Section 9.14 of the Allen City
Charter. The motion carried.
Council directed staff to provide what options are available to Council including a recommendation
of what the appropriate zoning is for this property and report back to the Council at its January 22,
2008, Regular Meeting.
14. Consider Making Appointments to Fill Vacancies in Place No. 5 on the Board of Adjustment
and Place No. 6 on the Public Art Committee.
MOTION: Upon the recommendation of the Council Nominating Committee, the Council voted seven
(7) for and none (0) opposed to appoint Barbara McNutt to complete the unexpired term in
Place No. 5 of the Board of Adjustment and set a term expiration date of September 30,
2009, and to appoint Sharon Lakes to complete the unexpired term in Place No. 6 of the
Public Art Committee and set a term expiration date of September 30, 2008. The motion
carried.
!'I Other Business
15. Calendar
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 11, 2007 PAGE 6
• December 18 —Chamber of Commerce Awards Luncheon
December 24 and 25 — City Offices Closed
December 25 — City Council Meeting Canceled
• January 1, 2008— City Offices Closed
16. Items of Interest.
Mr. Vargas did inform the Council that staff has revoked the Certificate -of -Occupancy for Club Toxic
since the permit issued was for an arcade and not a teen club The Land Development Code requires
a Specific Use Permit for teen clubs. The Club has ten days to comply with the Code.
Council wished everyone a Merry Christmas and Happy New Year
Executive Session
The Executive Session was not held during the regular meeting.
18. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor,
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 9:04 p.m. on Tuesday, December 11, 2007 The motion carried.
These minutes approved on the 81h day of January, 2008.
APPROVED:
Xj42
StephenIferrell, MAYOR
ATTEST:
Shelley B. George, C, CITY S TARY