Min - City Council - 2009 - 04/28 - Regularu
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 28, 2009
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
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 6:14 p.m. on Tuesday, April 28, 2009, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas:
• Briefing Regarding the 2009 Strategic Plan
• Update Regarding the Proposed Health Clinic
• Committee Updates from City Council Liaisons
• Discussion of Regular Agenda Items
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7.08 p to on
Tuesday, April 28, 2009
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 7:12 p m. on Tuesday, April 28, 2009, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Public Recoenition
1. Citizens' Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 28, 2009 PAGE 2
1 2. Presentation of a Proclamation by the Office of the Mayor:
• Presentation of a Proclamation to Representatives of the Allen Police Department Proclaiming
April 26 - May 2, 2009, as Crime Ficlims' Rights Week.
3. Recognition of Les Folse, Code Inspection Supervisor, Building & Code Department, for
Receiving the 'Building Of Inspector of the Year' Award.
Consent Agenda
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 the items on the Consent
Agenda as follows:
4. Approve Minutes of the April 6, 2009, TRIAD Meeting.
5. Approve Minutes of the April 14, 2009, Regular Meeting.
6. Adopt a Resolution Authorizing Establishment of an Identity Theft Prevention, Detection and
Mitigation Program.
RESOLUTION NO. 2818-4-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING AN IDENTITY THEFT
PREVENTION, DETECTION AND MITIGATION PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
7. Adopt a Resolution Authorizing the City Manager to Enter into an Interlocal Agreement
between the City of Allen, City of Plano, City of Frisco, City of McKinney, City of Wylie and
the Collin County Sherifrs Office for the Recovery Act: Edward Byrne Memorial Justice
Assistance Grant (JAG) Formula Grant.
RESOLUTION NO. 2819-4-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF ALLEN, THE CITY OF PLANO,
THE CITY OF FRISCO, THE CITY OF MCKINNEY, AND THE CITY OF WYLIE AND THE
COUNTY OF COLLIN, TEXAS FOR THE DISBURSEMENT OF THE RECOVERY ACT
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA AWARD
FUNDS, AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN
EFFECTIVE DATE
8. Authorize the City Manager to Execute a Facilities Agreement with Blue Star Allen Land, L.P.,
for the Construction of a Portion of Chelsea Boulevard and Associated Infrastructure, as it
Relates to Property Owned by Blue Star Allen Land, L.P.
9. Authorize the City Manager to Execute a Conveyance and Dedication Agreement with Allen
Commerce Center, L.P. for Right -of -Way for Commerce Parkway and Chelsea Boulevard and
Approve the Expenditure of Funds Customary with the Closing of Real Property.
10. Authorize the City Manager to Execute a Professional Services Agreement with Weir &
Associates, Inc. for an Amount not to Exceed $150,000 for Engineering and Design Services for
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 28, 2009
PAGE
Chelsea Boulevard from the Allen Outlet Mall to Commerce Parkway and Commerce Parkway
to US 75 and Establish a Project Budget of $160,000.
11. Authorize the City Manager to Execute a Contract with BW2 Engineers, Inc., in the Amount of
$66,400 for Engineering Services as it Relates to the Timbercreek Sanitary Sewer Replacement
Project and Establish an Initial Project Budget of $100,000.
12. Award Bid and Authorize the City Manager to Execute a Contract with J. T. Dersner, Inc. in
the Amount of $599,170.60 for the Construction of the High Meadows Sanitary Sewer
Replacement Project and Amend the Project Budget to $650,000.
13. Receive Investment Report for the Period Ending March 31, 2009.
14. Receive Financial Report for the Period Ending March 31, 2009 (unaudited).
15. Receive the Summary of Property Tax Collections as of March 2009.
16. Receive the CII' (Capital Improvement Program) Status Report.
The motion carried.
Reeular Agenda.
17. Conduct a Public Hearing and Adopt an Ordinance Amending PD Planned Development No. 54
from CF/SF Community Facilities/Single Family to Single Family Residential R-5 and Modify
Front Yard and Side Yard Setbacks for Lots 1- 12, Block E in the Waterford Parks Phase IV
Subdivision on 2t Acres Located East of Bray Central Drive and South of Everglades Drive.
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. 2820-4-09: 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. 1172-5-93, AND SUBSEQUENT
AMENDMENTS TO SAID PD -54, AS HERETOFORE AMENDED, TO REZONE A 2.83 ACRE
PORTION OF TRACT 30 LOCATED IN THE MICHAEL SEE SURVEY, ABSTRACT NO. 544,
CITY OF ALLEN, COLLIN COUNTY, TEXAS, FROM "CF/SF" COMMUNITY
FACILITIES/SINGLE FAMILY TO 'R -S' SINGLE FAMILY RESIDENTIAL AND AMENDING
THE FRONT YARD AND SIDE YARD SETBACKS IN SAID 2.83 ACRE TRACT; 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 Obermeyer and a second by Councilmember
Herald, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2820-4-
09, as previously captioned, amending PD Planned Development No. 54, Tract 30 from
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REGULAR MEETING
APRIL 28, 2009
PAGE
CF/SF Community Facilities/Single Family to Single Family Residential R-5 and modifying
the front yard and side yard setbacks for Lots 1-12, Block E in the Waterford Parks Phase IV
Subdivision, with the additional requirement that the minimum dwelling size is 1,900 square
foot. The motion carried.
18. Conduct a Public Hearing and Adopt an Ordinance to Amend the Allen Land Development
Code by Amending 'Article V. Special Zones' to Adopt New Flood Insurance Rate Maps Issued
by the Federal Emergency Management Agency.
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. 28214-09: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT
CODE, BY AMENDING IN ITS ENTIRETY ARTICLE V "SPECIAL ZONES"; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING 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
Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2821-4-09, as previously captioned, authorizing the City Manager to amend the Allen Land
Development Code by amending 'Article V Special Zones' to adopt new Flood Insurance
Rate Maps issued by the Federal Emergency Management Agency, to provide a penalty
section, and make general clerical updates to the existing language. The motion carried.
Other Business
19. Calendar.
• May 9 -General Election
20. Items of Interest. [Council announcements regarding local civic and charitable events,
meetings, fundraisers, and awards.[
• May I - Battle of the Badges fundraiser
• May 4 - Councilmember Herald announced he and his wife, Charity, are celebrating their 19 year
of marriage.
• May 7 - Council wised happy birthday to Councilmember Caplinger.
• Councilmember McGregor requested a future agenda item be presented on the 2009 preliminary
values of appraised properties in the City of Allen.
The Executive Session was not held.
21. Reconvene and Consider Action on Items Discussed during Executive Session.
I
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 28, 2009
PAGES
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Counctlmember Herald, the
Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 7.55 p.m. on Tuesday, April 28, 2009. The motion carried.
These minutes approved on the 121h day of May, 2009
ATTEST:
Shelley B. Geo ITY SECRETAOY
APPROVED:
StephA Terrell, MAYOR