Min - City Council - 2008 - 05/27 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 27, 2008
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
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 6:15 p.m. on Tuesday, May 27, 2008, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included:
Committee Updates from City Council Liaisons
The Workshop Session was recessed at 6:32 p.m.
Executive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
6:35 p.m. on Tuesday, May 27, 2008, 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
Y Consultation with City Attorney Regarding Potential Claim from Piedmont Stacy Partners on
Utility Relocation and Underground Placement.
The Executive Session was adjourned at 7:02 p.m. on Tuesday, May 27, 2008.
The Allen City Council reconvened into the Workshop Session at 7:02 p.m. on Tuesday, May 27, 2008, to the
Council Conference Room of the Allen City Hall. No action was taken on items discussed during Executive
Session.
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MAY 27, 2008
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With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7.03 p.m. on
Tuesday, May 27, 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 7:08 p.m. on Tuesday, May 27, 2008, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
Public Recoenition
1. Citizens' Comments.
Glen Renfro, 606 Keith Drive, Allen, Texas, requested Council install a signal at Cedar Drive and
McDermott Drive, clean the creek located within the Allenwood subdivision, and repave Ellis Drive
and Keith Drive.
Jimmy Moore, 606 Keith Drive, Allen, Texas, requested Council add Ellis Drive and Keith Drive to
the City's next bond program.
2. Administration of Oaths -of -Office and Presentation of Certificates -of -Election
• Stephen Terrell, Mayor
• Ross Obermeyer, Councilmember, Place No. 2
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 adopt the consent agenda as follows:
Approve Minutes of the May 13, 2008, Regular Meeting.
Approve Minutes of the May 21, 2008, Canvass of the Election.
Adopt an Ordinance Approving and Enacting Supplement No. 2 to the Allen Land
Development Code.
ORDINANCE NO. 2735-5-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 2 TO THE ALLEN
LAND DEVELOPMENT CODE; PROVIDING FOR THE PRINTING THEREOF,
AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY;
PROVIDING A REPEAL OF CERTAIN ORDINANCES; PROVIDING EXCEPTIONS TO
REPEAL, PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING
AN EFFECTIVE DATE.
6. Adopt a Resolution Approving an Amended Investment Policy Governing the Investment of
Municipal Funds.
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RESOLUTION NO. 2736-5-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN AMENDED POLICY FOR THE
INVESTMENT OF MUNICIPAL FUNDS; AND PROVIDING AN EFFECTIVE DATE.
7. Adopt a Resolution Authorizing Continued Participation in the Steering Committee of Cities
Served by Oncor Electric Delivery Company.
RESOLUTION NO. 2737-5-08(R): A RESOLUTION AUTHORIZING CONTINUED
PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR;
AND AUTHORIZING THE PAYMENT OF 10 CENTS PER CAPITA TO THE STEERING
COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO ONCOR
ELECTRIC DELIVERY
8. Adopt a Resolution Authorizing the City Manager to Apply for Grant Funding for an Initial
Reuse -A -Bag Giveaway and Educational Materials through the North Central Texas Council of
Government Implementation of the Regional Solid Waste Management Plan for North Central
Texas.
RESOLUTION NO. 2738-5-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE FILING OF A PROJECT
APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
(NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT; AUTHORIZING
THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, IN ALL MATTERS RELATED TO THE APPLICATION; PLEDGING THAT IF A
PROJECT IS RECEIVED, THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, WILL COMPLY
WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY (TCEQ) AND THE STATE OF TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
9. Adopt a Resolution Supporting the North Texas Chiefs of Police and the Institute for Law
Enforcement Administration in their Efforts to Secure a Critical Incident Management
Training Simulator.
RESOLUTION NO. 2739-5-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING THE NORTH TEXAS CHIEFS OF
POLICE AND THE CENTER FOR AMERICAN AND INTERNATIONAL LAW, INSTITUTE
FOR LAW ENFORCEMENT ADMINISTRATION IN THEIR EFFORTS TO SECURE A
REGIONAL CRITICAL INCIDENT MANAGEMENT TRAINING SIMULATOR.
10. Adopt a Resolution Determining the Necessity for Acquisition of Land and Easements along
Country Brook Lane, and Authorize the City Manager and City Attorney to File Proceedings in
Eminent Domain to Acquire such Property, if Necessary.
RESOLUTION NO. 2740-5-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE
ACQUISITION OF STREET RIGHT-OF-WAY, DRAINAGE EASEMENTS, TEMPORARY
CONSTRUCTION EASEMENTS, FENCING, AND OTHER IMPROVEMENTS FOR COUNTRY
BROOK LANE AS DESCRIBED IN EXHIBITS "A," "B," "C," "D," AND "E," ATTACHED
HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; AUTHORIZING THE
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REGULAR MEETING
MAY 27, 2008
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CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE
STREET RIGHT-OF-WAY, DRAINAGE EASEMENTS, TEMPORARY CONSTRUCTION
EASEMENTS, FENCING, AND OTHER IMPROVEMENTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
11. Authorize the City Manager to Accept an Approximately $40,000 Donation from The Cancer
Monument, Inc. for the Construction of a Commemorative and Educational Site for Cancer
Survivors and the General Public, and to Establish a Project Budget Not to Exceed $40,000.
12. Authorize the City Manager to Execute a Contract with Jones Plan of Texas, LLC for the
Purchase, Delivery and Complete Installation of Sod at Celebration Park Soccer Field 4 for an
Amount Not to Exceed $66,500.
13. Receive the summary of Property Tax Collections as of April 2008.
14. Receive the Capital Improvement Program Status Report.
The motion carried.
Reeular Aeenda
15. Conduct a Public Hearing and Adopt an Ordinance Granting a Specific Use Permit for a
Firestone Car Care Center, on Property Zoned SC Shopping Center, on .946± Acres of Land
Located at the Northeast Quadrant of Greenville Avenue and Stacy Road.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item
to do so at this time.
Jonathon Vinson, 901 Main Street, Dallas, Texas, spoke in support of the request.
With no one else wishing to speak, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2741-5-08: 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 GRANTING
SPECIFIC USE PERMIT NO. 105 FOR MINOR AUTOMOTIVE CARE SERVICES FOR
PROPERTY ZONED "SC" SHOPPING CENTER, BEING 0.946± ACRES IN THE HENRY
WETSEL SURVEY, ABSTRACT NO. 1026, AND THE JAMES T ROBERTS SURVEY,
ABSTRACT NO. 777 AND FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR
SPECIAL CONDITIONS; 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.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember
Oberneyer, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2741-
5-08, as previously captioned, granting Specific Use Permit No. 105 for a Firestone Care
Care Center, on Property Zoned SC Shopping Center, on .946± acres of land located at the
Northeast quadrant of Greenville Avenue and Stacy Road. The motion carried.
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MAY 27, 2008
PAGES
16. Conduct a Public Hearing and Adopt an Ordinance Amending Tract 2, Planned Development
No. 53 for CF Community Facilities, to Allow Office Uses on 2.8284: Acres, Situated in Lot 1,
Block A, The Reading Ranch Addition, Located at the Northeast Corner of Twin Creeks Drive
and Exchange Parkway.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item
to do so at this time.
Gregory Parks, 1430 Glendover Drive, Allen, Texas, president of the Home Owner's Association,
spoke in support of the request.
Judith Parks, 1430 Glendover Drive, Allen, Texas, did not speak but wished that her support be
recorded.
With no one else wishing to speak, Mayor Terrell closed the public hearing
ORDINANCE NO. 2742-5-08: 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. 53, ORDINANCE NO. 1171-5-93 TO ALLOW OFFICE
USE IN TRACT 2 ON 2.828± ACRES IN THE MARY STANDIFER SURVEY, ABSTRACT NO.
812, 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 AND A LANDSCAPE PLAN,
ATTACHED HERETO AS EXHIBITS `B" AND "C," RESPECTIVELY, 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 McGregor and a second by Councilmember
Obermeyer, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2742-
5-08, as previously captioned, amending Tract 2, Planned Development No. 53 for
Community Facilities, to allow Office Uses on 2.828± acres, situated in Lot 1, Block A, the
Reading Ranch Addition, located at the Northeast comer of Twin Creeks Drive and
Exchange Parkway subject to the submission of a revised concept plan showing the removal
of the additional curry walk, also delineating the wrought iron fence starting on the western
most side of the property continuing north along a line parallel to Wallace Drive and down to
the eastern most north comer of the building with additional landscaping provided between
the dumpster and east and west wrought iron fencing, and attach building elevations for staff
review. The motion carried.
17. Authorize the City Manager to Execute an Amended Contract for Solid Waste Services with
Community Waste Disposal.
Although a public hearing was not posted for this item, Mayor Terrell invited anyone wishing to
speak for or against this item to do so at this time.
Baine Brooks, 1810 San Carlos Court, Allen, Texas, expressed concern over the costs of commercial
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 27, 2008 PAGE 6
waste services provided to his business.
No one else wished to speak regarding this item.
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 authorize the City Manager to execute
an amended contract for waste services with Community Waste Disposal. The motion
carried.
18. Adopt a Resolution Establishing New Rates and Fees for Commercial and Residential Solid
Waste, Recycling, and Household Hazardous Waste Services.
RESOLUTION NO. 2743-5-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES AND RATES FOR
COMMERCIAL SOLID WASTE COLLECTION SERVICES; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
McGregor, the Council voted six (6) for and none (0) opposed to adopt Resolution No. 2743-
5-08(R), as previously captioned, that sets new rates and fees for commercial and residential
solid waste, recycling, and household hazardous waste services. The motion carried.
19. Consider Designation of the City of Allen's Voting Representative to the North Central Texas
Council of Government's General Assembly.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Caplinger,
the Council voted six (6) for and none (0) opposed to designate Mayor Terrell as the City of
Allen's voting representative to the North Central Texas Council of Government's General
Assembly. The motion carried.
Other Business
20. Items of Interest.
Mayor Terrell announced that no action was taken by Council on any items discussed during the
Executive Session.
21. Calendar.
• June 2 - Early Voting Begins for June 14 Runoff Election
• June 2, 9 -Summer Sounds Concert Series
Executive Session
The Executive Session was held during Workshop.
20. Reconvene and Consider Action on Items Discussed during Executive Session.
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REGULAR MEETING
MAY 27, 2008
PAGE
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 9:02 p.m. on Tuesday, May 27, 2008. The motion carried.
These minutes approved on the 101 day of June, 2008.
ATTEST:
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Shelle B. Geo RMC, CITY CRETARY
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APPROVED:
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Stephen Terrell, MAYOR