Min - City Council - 2009 - 11/24 - RegularALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 24, 2009
Present:
Stephen Terrell, Mayor
Councilmembers:
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:13 p.m. on Tuesday, November 24, 2009, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas, to discuss the following items:
• Taping of the Christmas Message
• Briefing Regarding Amendments to the Allen Land Development Code Relating to the Use and
Development of Property for Assembly Uses
• Introduction of Council Communication Website and Brief User Tutorial
• Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:00 p.m. on
Tuesday, November 24, 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 7:05 p.m. on Tuesday, November 24, 2009, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
{
Debbie Stout, Mayor Pro Tem
Ross Oberrneyer
Joey Herald
Robin L. Sedlacek
Gary L Caplinger
Jeff McGregor
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager (absent)
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 6:13 p.m. on Tuesday, November 24, 2009, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas, to discuss the following items:
• Taping of the Christmas Message
• Briefing Regarding Amendments to the Allen Land Development Code Relating to the Use and
Development of Property for Assembly Uses
• Introduction of Council Communication Website and Brief User Tutorial
• Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:00 p.m. on
Tuesday, November 24, 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 7:05 p.m. on Tuesday, November 24, 2009, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
{
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 24, 2009
EPublic Recoenition
PAGE
1. Citizens' Comments.
2. Recognition of the Purchasing Division for Receipt of the 2009 Achievement of Excellence in
Procurement Award.
Consent Agenda
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 the Mems on the
Consent Agenda as follows:
3. Approve Minutes of the November 10, 2009, Regular Meeting.
4. Adopt a Resolution Approving an Interlocal Agreement with the City of Nacogdoches
Providing for a Cooperative Purchasing Program for Goods and Services and Authorize the
City Manager to Execute a Contract with TriStem, Limited (TriStem) to Perform Audits of the
City's Electric and Natural Gas Bills for an Amount Equal to 45% of the Total Reimbursement
Recouped from of the Value of the Billing Errors Identified for Repayment.
RESOLUTION NO. 2872-11-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND
THE CITY OF NACOGDOCHES, TEXAS. PROVIDING FOR A COOPERATIVE PURCHASING
PROGRAM FOR GOODS AND SERVICES, DESIGNATING THE CITY MANAGER, OR
DESIGNEE, AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS RELATING TO
THE PROGRAM, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE; AND PROVIDING AN EFFECTIVE DATE.
5. Authorize City Manager to Execute a Contract with Ford Audio -Video Systems, Inc. for the
Purchase of Equipment and Installation of Council Chambers Audio/Video Upgrade for an
Amount Not to Exceed $66,484.43.
6. Authorize the City Manager to Negotiate and Execute a Contract with "Commodores
Entertainment Corporation" to Provide Entertainment for Allen USA Celebration for an
Amount not to Exceed $50,000.
7. Authorize the City Manager to Execute a Service Agreement with Motorola in the Amount of
$67,870.68 for the Fiscal Year 2009 - 2010.
8. Receive the Summary of Property Tax Collections as of October 2009.
9. Receive the Capital Improvement Program Status Report.
The motion carried.
Regular Agenda
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 24, 2009
PAGE
10. Conduct a Public Hearing and Consider a Resolution Adopting the 2008-2009 Comprehensive
Annual Performance Evaluation Report (CAPER) for the Community Development Block
Grant (CDBG) 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. 2873-11-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2008-2009 COMPREHENSIVE
ANNUAL PERFORMANCE EVALUATION REPORT (CAPER); AUTHORIZING ITS
SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD); REPEALING ALL RESOLUTIONS IN CONFLICT, PROVIDING A SEVERABB,ITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Sedlacek, the
Council voted seven (7) for and none (0) opposed to approve Resolution No. 2873-11-09(R),
as previously captioned, approving the 2008-2009 Comprehensive Annual Performance
Evaluation Report (CAPER) for the Community Development Block Grant program. The
motion carried.
11. Conduct a Public Hearing and Adopt an Ordinance Amending PD Planned Development No. 99
for Mixed Use Development for an Amendment to the Sign Plan for the Watters Creek
Development Located Southwest of Bethany Drive and US 75.
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. 2874-11-09: 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 ORDINANCE NO. 2486-2-06 CREATING "PD" PLANNED DEVELOPMENT NO.
99 RELATING TO THE USE AND DEVELOPMENT OF WATTERS CREEK, BEING A 63.241
ACRE TRACT OF LAND IN THE T.G KENNEDY SURVEY, ABSTRACT NO. 500, THE
MICHAEL SEE SURVEY, ABSTRACT NO. 542, AND THE RUFUS SEWELL SURVEY,
ABSTRACT NO. 875, CITY OF ALLEN, COLLIN COUNTY, TEXAS, BY AMENDING
EXHIBIT "C;' "DEVELOPMENT REGULATIONS," SECTION 12, "SIGNAGE,' BY ADDING
REGULATIONS RELATING TO THE SIZE, DESIGN, NUMBER, AND LOCATION OF
GARAGE TENANT FIN SIGNS, AN LED PYLON SIGN, AND PARKING AREA BANNERS;
AND ADDING A NEW EXHIBIT "F" INCLUDING SCHEDULES, DRAWINGS, AND SITE
PLANS RELATING TO SAID SIGNS, PROVIDING A REPEALING CLAUSE; PROVIDING A
SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED $2000.00; AND PROVIDING FOR AN EFFECTIVE DATE.
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 adopt Ordinance No
2874-11-09, as previously captioned, amending PD Planned Development No. 99 for mixed
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 24, 2009
PAGE
use development for an amendment to the sign plan for the Walters Creek
development located Southwest of Bethany Drive and US 75. The motion carried
12. Conduct a Public Hearing and Adopt an Ordinance Approving the City's Participation in the
Texas Enterprise Zone Program and Nominating Jack Henry and Associates, Inc. to the Office
of the Governor, Economic Development and Tourism as an Enterprise Zone Project.
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. 2875-11-09: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ORDAINING THE CITY'S PARTICIPATION IN THE
TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE
ACT, CHAPTER 2302, TEXAS GOVERNMENT CODE (THE "ACT"), PROVIDING TAX
INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED
PARTIES, NOMINATING JACK HENRY AND ASSOCIATES TO THE OFFICE OF THE
GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM ("EDT") THROUGH THE
ECONOMIC DEVELOPMENT BANK (THE "BANK") AS AN ENTERPRISE PROJECT, AND
PROVIDING AN EFFECTIVE DATE.
�+ MOTION: Upon a motion made by Councilmember Caplinger and a second by Councilmember
®.J McGregor, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2875-11-09, as previously captioned, approving the City's participation in the Texas
Enterprise Zone Program and nominating Jack Henry and Associates, Inc. to the Office of the
Governor, Economic Development and Tourism as an Enterprise Zone Project. The motion
carried.
Other Business
13. Calendar.
• November 26 - 27 - City Facilities Closed for Thanksgiving Holidays
• December 4 - Christmas Tree Lighting in the Civic Plaza - 7 p.m.
• December 5 - Rudolph Run in Downtown Allen - 7 a.m.
• December 5 — Kiwanis Pancake Breakfast
• December 6 — Rotary Christmas Parade
• December 4-5 — LDS Nativity Exhibit
14. Items of Interest.
• Council congratulated the Allen Eagles for their accomplishments during the 2009 football
season.
• Council congratulated the Lovejoy Varsity Volleyball Team for winning the State Championship.
Executive Session
The Executive Session was not held.
15. Reconvene and Consider Action on Items Discussed during Executive Session.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 24, 2009
PAGE 5
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 7:51 p.m. on Tuesday, November 24, 2009 The motion carried.
These minutes approved on the 81 day of December, 2009
ATTEST::
If—
Shelley B. Gemge, C Y SECRETARY
11
APPROV
ephen Terre 1, MAYOR