Min - City Council - 2008 - 02/12 - RegularALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 12, 2008
Present
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Robin L Sedlacek
Gary L. Caplinger
Jeff McGregor o,nived at 7 23 p in I
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney
Wn.4chnn Cnccinn
With a quorum of the Councdmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6 13 p.m. on Tuesday, February 12, 2008, 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 Letter of Intent with Blue Sky Sports Center, LP for Development
of an Indoor Soccer Facility
• Briefing Regarding Online Payment and Fulfillment Services for Utility Billing and Parks and
Recreation
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:02 p in. on
Tuesday, February 12, 2008.
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 7.06 p.m, on Tuesday, February 12, 2008, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas
EPublic Recognition
1. Citizens' Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 12, 2008 PAGE 2
Mike Redlick, 500 W Boyd Drive, #2, Allen, Texas, expressed concerns regarding the wording
of school zone signage, entrance at Joe Farmer Recreation Center and the need for additional
parking at Celebration Park.
Consent Aeenda
MOTION: Upon a motion made by Counctlmember Caplinger and a second by Mayor Pro Tem Stout,
Council voted five (5) for and none (0) opposed to adopt the consent agenda as follows:
2. Approve Minutes of the January 19, 2008, Special Called Workshop.
3. Approve Minutes of the January 22, 2008, Regular Meeting.
4. Adopt an Ordinance Approving a Settlement Agreement between the Atmos Cities Steering
Committee and Atmos Energy Corporation Regarding the Company's Statement of Intent to
Change Gas Rates.
ORDINANCE NO. 2697-2-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ("CITY") APPROVING A SETTLEMENT AGREEMENT
BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP.,
MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE
COMPANY'S STATEMENT OF INTENT TO CHANGE GAS RATES IN ALL CITIES
EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE
UNREASONABLE, ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS
CONSISTENT WITH THE SETTLEMENT AGREEMENT AND FINDING THE RATES TO BE
SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; ADOPTING A
SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT,
DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE
TO THE COMPANY AND LEGAL COUNSEL.
5. Accept Resignation Letter from Councilmember Mark Pacheco and Declare a Vacancy in Place
No. 3 of the Allen City Council.
6. Adopt a Resolution Ordering the May 10, 2008, General and Special Elections and Authorizing
the City Manager to Enter into a Contract with the Elections Administrator of Collin County
to Provide Election Services and to Execute a Joint Election Agreement with the Allen
Independent School District and Collin County Community College District.
RESOLUTION NO. 2698-2-OS(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ORDERING A JOINT ELECTION TO BE HELD ON
MAY 10, 2008, FOR THE PURPOSE OF ELECTING THE MAYOR AND CITY
COUNCILMEMBER FOR PLACE NO. 2; ORDERING A SPECIAL ELECTION TO BE HELD ON
MAY 10, 2008 FOR THE PURPOSE OF ELECTING A CITY COUNCILMEMBER FOR PLACE
NO. 3; DESIGNATING LOCATION OF POLLING PLACE; ORDERING NOTICES OF
ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH
ELECTION: AUTHORIZING EXECUTION OF JOINT ELECTION AGREEMENT, AND
PROVIDING FOR AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 12, 2008
PAGE
7. Adopt a Resolution Authorizing the City Manager to Execute a License Agreement with Dallas
Area Rapid Transit (DART) for the Construction of an 8" Water Line Along Village Drive.
RESOLUTION NO. 2699-2-08(Rl: 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 ONE 8 -INCH
WATER LINE ACROSS DART RIGHT-OF-WAY IN ASSOCIATION WITH THE VILLAGE
DRIVE CAPITAL PROJECT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
LICENSE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
8. Adopt a Resolution Authorizing the City Manager to Execute a License Agreement with Dallas
Area Rapid Transit (DART) for the Construction of an 8" Sanitary Sewer Line Along Village
Drive.
RESOLUTION NO. 2700-2-08fR): 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 ONE 8 -INCH
SANITARY SEWER LINE ACROSS DART RIGHT-OF-WAY IN ASSOCIATION WITH THE
VILLAGE DRIVE CAPITAL PROJECT, AUTHORIZING THE CITY MANAGER TO EXECUTE
THE LICENSE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE.
9. Authorize the City Manager to Execute a Contract with Jim Bowman Construction, L.P. for an
Amount Not to Exceed $862,833.50 for Construction Services as it Relates to the Allenwood
Sanitary Sewer Line Rehabilitation Project and Amend the Project Budget to $1,211,714.
10. Authorize the City Manager to Execute an Agreement with Jacobs Carter & Burgess, Inc. for
an Amount Not to Exceed $198,500 for Engineering Services as it Relates to the Chaparral
Bridge Project.
it. Authorize the City Manager to Execute a Two -Year Contract for Various Concrete Repairs
with Estrada Concrete (Primary) with an Estimated Annual Expenditure of $140,350 and Jim
Bowman Construction Co., L.P. (Alternate) with an Estimated Annual Expenditure of
$145,000, Both with Three One -Year Options to Renew Under the Same Contract Terms and
Conditions.
12. Authorize the City Manager to Execute a Contract with Atlantis Pool Plastering, Inc. for Be -
plastering and Tile Work at the Don Rodenbaugh Natatorium for an Amount not to Exceed
$68,304.
13. Authorize the City Manager to Execute a Contract with Nortex Concrete Lift and Stabilization,
Inc. for Various Concrete Street Repair Projects for the City of Allen for One Year with an
Estimated Annual Expenditure of $100,000 with Two One -Year Options to Renew.
The motion carried.
Revular Aeenda
Councdmember McGregor took his seat at the Council bench.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 12, 2008
PAGE 4
14. Conduct a Public Hearing and Adopt an Ordinance to Amend PD Planned Development No. 3
to Allow Uses Permitted in the LI — Light Industrial District and to Amend the Landscape
Easement Requirement The Property is Located in the Allen Business Centre, Tract I, being
2.0831± acres, and Allen Business Centre It, Tract L, being 2.3496± Acres of Land, Located at
the Northwest and Southwest Corners of State Highway 5 and Prestige Circle.
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. 2701-2-08: 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. 3, ORDINANCE NO. 368-10-81, AS HERETOFORE
AMENDED, TO AMEND SECTION 3, "ALLOWED USES" AND GREENBELT
REQUIREMENTS IN SECTION 4, "DEVELOPMENT STANDARDS,' FOR 2.0831± ACRES,
KNOWN AS ALLEN BUSINESS CENTRE, TRACT I, AND 2.3496± ACRES, KNOWN AS
ALLEN BUSINESS CENTRE 11, TRACT L, LOCATED AT THE NORTHWEST AND
SOUTHWEST CORNERS OF STATE HIGHWAY 5 AND PRESTIGE CIRCLE, CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A,"
ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES, 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 AN EFFECTIVE
DATE.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
the Council voted six (6) for and none (0) opposed to adopt Ordinance No 2701-2-08, as
previously captioned, amending PD Planned Development No. 3 to allow uses permitted in
the LI — Light Industrial District and to amend the Landscape Easement Requirement on 4t
acres of land located at the northwest and southwest corners of State Highway 5 and Prestige
Circle. The motion carried.
15. Conduct a Public Hearing and Adopt an Ordinance to Amend the Permitted Uses of PD
Planned Development No. 54 to Allow a Private Preschool on 2.150± acres of Tract 5. The
Property is Situated in the W.J. Jackson Survey, Abstract No. 484, Being Part of Lot 2-R, Block
E, Bray Central One Addition, City of Allen, Texas, Located South of Raintree Circle and East
of 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. 2702-2-08: 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 "PD" PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 2101-10-02, TO
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 12, 2008
PAGES
1 ALLOW A PRIVATE PRESCHOOL LAND USE IN TRACT 5 ON 2.150± ACRES IN THE W J.
JACKSON SURVEY, ABSTRACT NO 484, CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AND BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A
PART HEREOF FOR ALL PURPOSES, PROVIDING FOR THE APPROVAL OF A CONCEPT
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 made by Councilmember Caplinger and a second by Councilmember
McGregor, the Council voted six (6) for and none (0) opposed to adopt Ordinance No 2702-
2-08, as previously captioned, amending the permitted uses of PD Planned Development No.
54 to allow a private preschool in Tract 5 on 2.1501 acres located south of Raintree Circle
and east of Watters Road. The motion carried
16. Authorize the City Manager to Enter into an Arena Lease Agreement with Western
Professional Hockey League, Inc. to Base a Minor League Professional Hockey Team at the
Allen Event Center.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Sedlacek, the Council voted six (6) for and none (0) opposed to authorize the City Manager
to enter into an arena lease agreement with Western Professional Hockey League, Inc. to
base a minor league professional hockey team at the Allen Event Center. The motion carried.
17. Consideration of a Letter of Intent to Develop and Construct an Indoor Soccer Facility to be
Located at the Southwest Corner of Main Street and Fountain Gate Drive and Authorize the
City Manager to Execute the Letter of Intent on Behalf of the City.
MOTION: Upon a motion made by Councilmember Caplinger and a second by Mayor Pro Tem Stout,
the Council voted six (6) for and none (0) opposed to approve a Letter of Intent to develop
and construct an indoor soccer facilitv to be located at southwest comer of Main Street and
Fountain Gate Drive and authorize the City Manager to execute the Letter of Intent of behalf
of the Cityof Allen. The motion carried.
18. Calendar.
February 16 — Special Olympics "Special Angels Among Us" Banquet
February 23 — The First Successful Train Robbery in Texas Reenactment and Reception
19. Items of Interest.
The Council recessed the regular session at 8:02 p.m.
I
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 12, 2008 PAGE 6
1 Executive Session
In accordance with the Texas Government Code, the Allen City Council reconvened into Executive Session at
8.15 p.m. on Tuesday, February 12, 2008, in the Council Conference Room, 305 Century Parkway, Allen,
Texas, in order to continue discussing matters pertaining to:
20. Personnel — Pursuant to Section 551.074 of the Texas Government Code
Discuss Appointments to the Following:
• Allen Economic Development Corporation
• Allen Communitv Development Corporation
• Arts of Collin County Commission
21. Personnel — Pursuant to Section 551.074 of the Texas Government Code
i Annual Performance Review of the City Manager
The Executive Session adjourned at 8:45 p.m. on Tuesday, February 12, 2008.
22. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 8:45 p.m. on Tuesdav, February 12, 2008,
in the Council Chambers of the Allen City Hall. The following action was taken on items discussed
during Executive Session.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Sedlacek, the Council voted six (6) for and none (0) opposed to appoint Councilmember
Caplinger to Place No. 1 of the Economic Development Corporation and Carl Clemencich to
Place No. 5 of the Economic Development Corporation with a term expiration of September
30, 2010. The motion carried
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor,
the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 8:46 p.m. on Tuesday, February 12, 2008. The motion carried.
These minutes approved on the 26" day of February, 2008.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Gemgi, TRMC, CITY SECRETARY