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Min - City Council - 2009 - 12/08 - RegularA ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 8, 2009 Present Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor Citv Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete Smith, City Attorney (absent) Kevin Laughlin, 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 6.26 p.m. on Tuesday, December 8, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas, to discuss the following items: • Discussion Regarding Event Center Use Policy • Committee Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6'55 p.m. on Tuesday, December 8, 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 7:00 p.m. on Tuesday, December 8, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Ple_dee of Alleeiance Public Recoenition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 8, 2009 PAGE 2 2. Presentation of a Blue Star Flag to Families of Allen Service Personnel Currently Deployed by the U.S. Armed Forces. • Sharon and Tyrone Woods, parents of Specialist Chauncey Bums of the National Guard 1083rd. Specialist Bums was deployed in June 2009. • John Comley and Anita Ant, parents of Captain Eric Comley of the United States Army Captain Comley was deployed in November 2009 with the Charlie Battery, I" of the 14th Field Artillery Battalion. • Bonnie Monroe, mother of Specialist Preston Smith of the United States Army Specialist Smith was deployed in September 2009 with the HHC 409 Infantry Unit. • Susie and Mac McCloud, parents of First Lieutenant Jon McCloud. Lieutenant McCloud was deployed in June 2009 with the 37th Engineer Battalion. 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 items on the Consent Agenda as follows: 3. Approve Minutes of the November 24, 2009, Regular Meeting, 4. Approve Minutes of the November 30, 2009, Triad Meeting, 5. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with Collin County to Accept a Grant for $150,000 for the Design of Molsen Farm. RESOLUTION NO. 2876-12-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR AND ON BEHALF OF THE "APPLICANT' IN DEALING WITH COLLIN COUNTY, APPROVING THE TERMS AND CONDITIONS OF THE INTERLOCAL FUNDING ASSISTANCE AGREEMENT; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; REPEALING ALL RESOLUTIONS IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 6. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement between the Cities of Allen, Plano, Murphy and Wylie to Jointly Operate a Radio Communications System. RESOLUTION NO. 2877-12-09(I2): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, 'TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, THE CITY OF PLANO, THE CITY OF WYLIE, AND THE CITY OF MURPHY FOR THE USE OF THE RADIO SYSTEM THAT IS JOINTLY OWNED BY THE CITY OF ALLEN AND THE CITY OF PLANO; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. 7. Authorize the City Manager to Execute a Contract with Motorola in the Amount of $3,564,589 for a P-25 Trunked Radio System to be used jointly by the Cities of Allen, Plano, Murphy, and Wylie. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 8, 2009 PAGE 3 8. Authorize the City Manager to Execute a Contract with Alcatel -Lucent USA Inc. in the Amount of $279,323 for a Microwave System to Support the Motorola P-25 Radio System to be used Jointly by the Cities of Allen, Plano, Murphy, and Wylie. 9. Authorize the City Manager to Execute a Four -Year Lease Agreement with Hewlett-Packard Financial Services Company in the Principal and Interest Amount of $84,784 for Computer Equipment. 10. Authorize the City Manager to Execute a Five-year Agreement with Estrada Hinojosa & Company, Inc. for Financial Advisory Services. it. Authorize the City Manager to Purchase Thirteen Replacement Vehicles for Various Departments through the Stale of Texas, Buyboard and Houston -Galveston Area Council of Governments' Contractors: Southwest for an Amount of $267,099; Philpott Motors for an Amount of $150,204.15; Dallas Dodge for an Amount of $111,136; and Holiday Chevrolet for an Amount of $25,905.75 with a Total Amount Not to Exceed $554,344.90. 12. Award Bid and Authorize the City Manager to Execute a Contract with RKM Utility Services, Inc. for Construction Services in the Amount of $489,651 as it Relates to the Timbercreek Sanitary Sewer Replacement Project and Amend the Budget to $979,634. 13. Award Bid and Authorize the City Manager to Execute a Contract with Jim Bowman Construction, LP for Street and Alley Repairs at Various Locations within the City for an Amount not to Exceed $722,775 and Establish a Project Budget in the Amount of $910,713. 14. Accept a Resignation and Declare a Vacancy in Place No. 1 of the Library Board. The motion carried. 15. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code Article IV, Zoning Regulations, Section 4.08.11, "SC" Shopping Center District; Section 4.08.16, "LI" and "HI" Light and Heavy Industrial Districts; Section 4.20.2, "Schedule of Principal Uses"; Section 4.20.3, "Schedule of Accessory Uses"; Article VI, Section 6.01.5, "Specific Permitted Uses"; and Appendix A, "Definitions". Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. The following individuals spoke in opposition to the request: Ron Austin, 715 Hefner Drive, Allen, Texas 75013 Larry Vowell, 1217 Bndgeway Lane, Allen, Texas 75013 Bryce Greene, 708 Franklin Drive, Allen, Texas 75013 Randv Freeman, 1402 Collin Drive, Allen, Texas 75002 Rick Ballard, 2700 Summerwood Drive, McKinney, Texas 75070 Bill Davis, 1612 Clearbrook, Allen, Texas 75002 Mack James Foster, 511 Sunereek Drive, Allen, Texas 75013 Patricia Mares, 351 Chaparral Road#1401, Allen, Texas 75002 ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 8, 2009 PAGE 4 Amber King, 1417 Bethany Creek Boulevard, Allen, Texas 75002 David B. Paul, 710 Cottonwood Bend Drive, Allen, Texas 75002 John Brunette, 1127 Brookndge Avenue, Allen, Texas 75002 Robert C (Clint) Miller, 1002 Springfield Lane, Allen, Texas 75002 Steve Baker, 405 Shadywood Drive, Allen, Texas 75002 John DeLeon, 747 Monticello Circle, Allen, Texas 75002 Mel Kirk, 1400 Country Lane, Allen, Texas 75002 John Muzyka, 3092 Pack Saddle Way, Frisco, Texas 75034 Cecil Linke, 1712 Grand Canyon Way, Allen, Texas 75002 Mary E. Tamez, 1003 Candlewood Drive, Allen, Texas 75002 Clarence Wilkerson, 823 Rockefeller Lane, Allen, Texas 75002 Lauri McIntosh, 316 Leameadow Drive, Allen, Texas 75002 Joe Lyda, 1222 Bridgeway Lane, Allen, Texas 75013 Carl D. Tinker, 749 Summerfield Drive, Allen, Texas 75002 The following individual spoke in support of the request David Hicks, 401 Woodlake, Allen, Texas The following individuals did not speak but wished their opposition to the request be recorded Kathy Wake, 728 Autumn Oaks, Allen, Texas Ron Chandler, 1509 Redeemer Road, Allen, Texas 75002 Dawn Stephens, 3428 Blue Grass Drive, Allen, Texas 75074 Daniel Eric Dollyhigh, 1710 White Rock Court, Allen, Texas 75002 Trent Armstrong, 1314 Hillcrest Drive, Allen, Texas 75002 Mark Davis, 1612 Clearbrook, Allen, Texas 75002 Katrina Smith, 701 Creekside Lane, Allen, Texas 75002 Tracy Smith, 701 Creekside Lane, Allen, Texas 75002 Cindy Bunyan, 539 Northridge, Allen, Texas 75002 John Svetina, 1214 Bridgeway Drive, Allen, Texas 75013 Kay Svetina, 1214 Bridgeway Drive, Allen, Texas 75013 David Rook, 1521 Rivercrest Boulevard, Allen, Texas 75002 Jule Rook, 1521 Rivercrest Boulevard, Allen, Texas 75002 N.D. Bingham, 1000 Edgemont Court, Allen, Texas 75013 Bonny Bingham, 1000 Edgemont Court, Allen, Texas 75013 Tom Hawes, 818 Sycamore Creek, Allen, Texas 75002 Gerri Hawes, 818 Sycamore Creek, Allen, Texas 75002 David C. Campbell, 1208 Harvard Lane, Allen, Texas 75002 Ron Boyd, 1523 Pleasant Run, Allen, Texas 75002 Charie Campbell, 1208 Harvard Lane, Allen, Texas 75002 Jimmy Moore, 202 Keith, Allen, Texas 75002 Terri Lewis, 1603 Lake Meade Drive, Allen, Texas 75002 Patrick Egan, 706 Hollow Ridge Drive, Allen, Texas 75002 Lisha Egan, 706 Hollow Ridge Drive, Allen, Texas 75002 Joshua Egan, 706 Hollow Ridge Drive, Allen, Texas 75002 Carey Wilkerson, 823 Rockefeller Lane, Allen, Texas 75002 Craig Sutphin, 1000 Mill Run Drive, Allen, Texas 75002 I Sue Sutphin, 1000 Mill Run Drive, Allen, Texas 75002 .{ Linda S Austin, 715 Hefner Drive, AIIen, Texas 75013 1 Chris Griffith, 1511 Tanglewood Drive, Allen, Texas 75002 Evelyn M. Burnette, 1127 Brookridge Avenue, Allen, Texas 75002 ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 8, 2009 Sheila Fabre, 711 Willowbrook, Allen Texas 75002 Rick Hans, 1106 Easton Lane, Allen, Texas 75002 Cindy Gail, 1316 Bethany Creek, Allen, Texas 75002 Randy Thompson, 203 Northaven Drive, Allen, Texas 75002 With no one else speaking, Mayor Terrell closed the public hearing. PAGE 5 Council directed City Staff to hold a meeting with interested parties to discuss the proposed amendments Mayor Terrell reopened the public hearing. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyeq the Council voted seven (7) for and none (0) opposed to table consideration of this request to the January 12, 2010, Regular Meeting The motion carried MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to continue the public hearing to the January 12, 2010, Regular Meeting. The motion carried. 16. Consider Making an Appointment to Fill a Vacancy in Place No. 1 on the Library Board. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to appoint Cindy Briggs to complete the unexpired term in Place No. 1 of the Library Board and set a tens expiration date of September 30, 2011, as recommended by the Council Nominating Committee. The motion carried. Anita L Miller, 1002 Springfield Lane, Allen, Texas 75002 Pat Smith, 1204 Rosewood Lane, Allen, Texas Wilburn Smith, 1204 Rosewood Lane, Allen, Texas Marcus Curry, 921 Garden Park Drive 4307, Allen, Texas 75013 William and Martha Hensley, 904 New Bedford Lane, Allen Texas 75002 Elaine Anthony Crawford, 728 Deepwell Drive, Allen, Texas 75002 Casey Eckert, 1416 Garde, Allen, Texas 75002 Becky Foster, 511 Sunereek Drive, Allen, Texas 75013 Dave Bellando, 1715 Whispering Glen, Allen, Texas 75002 Don Thomas, 1000 Timberline Lane, Allen Texas 75002 Linda Thomas, 1000 Timberline Lane, Allen Texas 75002 James Craver, 206 North Arbor Ridge Drive, Allen, Texas 75002 Ronald J. Boggan, 1007 Sandy Creek, Allen, Texas 75002 Conway Edwards, 429 Fox Trail, Allen, Texas Geneva Chapin, 408 North Anna, Allen, Texas 75013 Mark Moody, 814 Ashley Lane, Allen, Texas 75002 Kathy Moody, 814 Ashley Lane, Allen, "Texas 75002 Fanny Bolin, 405 West Main, Allen, Texas 75013 Randall Lewis, 1603 Lake Meade Drive, Allen, Texas 75002 Debbie Lyda, 1222 Bridgeway Lane, Allen, Texas 75013 Greg Burrow, 1807 Millwood Lane, Allen, Texas 75002 Rodney Fabre, 711 Willowbrook, Allen Texas 75002 Sheila Fabre, 711 Willowbrook, Allen Texas 75002 Rick Hans, 1106 Easton Lane, Allen, Texas 75002 Cindy Gail, 1316 Bethany Creek, Allen, Texas 75002 Randy Thompson, 203 Northaven Drive, Allen, Texas 75002 With no one else speaking, Mayor Terrell closed the public hearing. PAGE 5 Council directed City Staff to hold a meeting with interested parties to discuss the proposed amendments Mayor Terrell reopened the public hearing. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyeq the Council voted seven (7) for and none (0) opposed to table consideration of this request to the January 12, 2010, Regular Meeting The motion carried MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to continue the public hearing to the January 12, 2010, Regular Meeting. The motion carried. 16. Consider Making an Appointment to Fill a Vacancy in Place No. 1 on the Library Board. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to appoint Cindy Briggs to complete the unexpired term in Place No. 1 of the Library Board and set a tens expiration date of September 30, 2011, as recommended by the Council Nominating Committee. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 8, 2009 IOther Business 17. Calendar. • City Facilities Holiday Closings: December 24-25, 2009, and January 1, 2010 • Next Regular Council Meeting: January 12, 2010 18. Items of Interest. • Council wished everyone a Merry Christmas and Happy New Year. Executive Session The Executive Session was not held. 19. Reconvene and Consider Action on Items Discussed during Executive Session PAGE MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 9:04 p in on Tuesday, December 8, 2009 The motion carried. These minutes approved on the 12" day of January, 2010. APPRO Aolez - Stephen T rell, MAYOR C/ATTEST: Shelley B. George—,CITY SECRETARY I