Min - City Council - 2010 - 06/08 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JUNE 8, 2010
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 (absent)
William S. Rushing, Chief of Police, Acting 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 6:06 p.m. on Tuesday, June 8, 2010, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas. The following items were discussed:
• Presentation of Public Art Committee's Recommendation of the Public Art Proposal for City Hall
At 6 17 p.m, Mayor Terrell moved the Workshop to the Council Chambers to accommodate the number of
attendees for the following item:
Briefing regarding K2 and Salvia Divinorum Salvia
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:55 p.m on
Tuesday, June 8, 2010.
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, June 8, 2010, in the Council Chambers of the Allen City Hall,
305 Century Parkway, Allen, Texas.
Pledee ofAlleeiance
Election of Mayor Pro Tem
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IMayor Terrell called for nominations from the Council for the position of Mayor Pro Tem.
Councilmember Obermeyer nominated Councilmember Stout with a second by Councilmember Sedlacek
With no other nominations offered, Mayor Terrell closed the call for nominations. Councilmember Stout was
elected as Mayor Pro Tem by a vote of seven (7) for and none (0) opposed.
Public Recoenition
Mayor Terrell moved to Agenda Item 2.
2. Presentation of a Blue Star Flag to Families of Allen Service Personnel Currently Deployed by
the U.S. Armed Forces.
• Bethany Marie Brezik, spouse of Specialist Paul Aaron Brezik of the United States Army B
Company 72"s STB.
3. Recognition of the Election Clerks from the May 8, 2010, City of Allen General Election.
Mayor Terrell presented certificates to Margaret Miller, Molly Phillips, Carol Barkley, Joyce Home,
Brenda Kiser, Don Phillips, Marian Ulibarri, and Faith Younse.
1 Mayor Terrell and the Allen City Council recognized Margaret Miller with a plaque of Outstanding
Achievement for over 40 years of service to Allen voters as an Election Judge and Election Clerk.
1, Citizens' Comments.
The following individuals spoke in support of the Jabary Mediterranean:
Joshua Christian Alamo, 301 N. Greenville Ave 4188, Allen, Texas;
Mike Jabary, 206 N. Greenville, Allen, Texas;
John Cloke, 804 New England Court, Allen, Texas,
Bob Brown, 1500 Jupiter Road Apt 1607, Allen, Texas.
The following individuals requested the City Council not ban the sale of K2:
Timothy Young, 859 W Forest Grove, Allen, Texas;
Alex Vestey 800 Meadowgate Drive, Allen, Texas,
Daniel James Bonum, 911 Rivercrest, Allen, Texas;
Mike Busalacchi, 608 Harvest Mountain Court, Allen, Texas.
The following individuals expressed opposition to the sale of K2 and/or Salvia Divinorum Salvia in
the City of Allen.
Wilma Hendrick, 1110 Sandy Creek Drive, Allen, Texas;
Jim Hendrick, 1110 Sandy Creek Drive, Allen, Texas;
Ambrey Samples, 505 E. Exchange Parkway 43101, Allen, Texas;
Dustin Bates, 1303 Creekwood Ct., Allen, Texas;
Fred Hebert, 3104 Almeta Lane, McKinney, Texas;
Jean Mills, 1500 S. Jupiter Rd. 91401, Allen, Texas;
Michael Oliver, 828 Weeping Willow Court, Allen, Texas;
Gaye Oliver, 828 Weeping Willow Court, Allen, Texas;
Betsey (no last name provided), lives in Maxwell Creek area, Allen, Texas;
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Truitt Henson, 725 Lending Lane, Allen, Texas;
Steven Mills, 301 S. Jupiter Road 4114, Allen, Texas,
MOTION: Upon a motion made by Councilmember Herald 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 May 25, 2010, Regular Meeting.
5. Motion to Approve Third and Final Reading of Ordinance No. 2910-5-10 Renewing the Term of
an Electric Franchise Agreement Granted to Grayson -Collin Electric Cooperative, Inc. for an
Additional Five (5) Years, Amending the Definition of Gross Revenue and Providing New
Language for the Compensation of Costs Associated with the Relocation of Electric Facilities in
Accordance with State Law.
ORDINANCE NO. 2910-5-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, RENEWING THE FRANCHISE AGREEMENT GRANTED
TO GRAYSON-COLLIN ELECTRIC COOPERATIVE, INC. FOR AN ADDITIONAL 5 YEARS,
AMENDING THE DEFINITION OF GROSS REVENUE AND PROVIDING NEW LANGUAGE
FOR THE COMPENSATION OF COSTS ASSOCIATED WITH THE RELOCATION OF
1 ELECTRIC FACILITIES IN ACCORDANCE WITH STATE LAW; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
6. Adopt an Ordinance Authorizing the City Manager to Amend the Code of Ordinances, Chapter
9 — Motor Vehicles and Traffic, Section 9-137(b), in Order to Establish a School Zone for
Cheatham Elementary.
ORDINANCE NO. 2915-6-10AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING SECTION 9-137(6) OF THE CODE OF ORDINANCES TO DESIGNATE BRAY
CENTRAL DRIVE FROM 200 FEET NORTH OF EVERGLADES DRIVE TO 200 FEET SOUTH
OF BLANCO DRIVE, BRAY CENTRAL DRIVE FROM 200 FEET NORTH OF HOPEWELL
DRIVE TO 270 FEET SOUTH OF HOPEWELL DRIVE, EVERGLADES DRIVE FROM 200
FEET WEST OF BRAY CENTRAL DRIVE TO 200 FEET EAST OF BRAY CENTRAL DRIVE,
HOPEWELL DRIVE FROM 150 FEET NORTH OF BLANCO DRIVE TO 200 FEET WEST OF
BRAY CENTRAL DRIVE AND BLANCO DRIVE FROM BRAY CENTRAL DRIVE TO
HOPEWELL DRIVE AS SCHOOL ZONES WITH A MAXIMUM PRIMA FACIE SPEED LIMIT
OF TWENTY (20) MILES PER HOUR; PROVIDING A REPEALING CLAUSE, PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
7. Adopt an Ordinance Abandoning Water Line, Fire Lane, Access, and Utility Easements for
Allen Retail Center (Betz Mall).
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JUNE 8, 2010
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ORDINANCE NO. 2916-6-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ABANDONING WATER LINE, FIRE LANE, ACCESS, AND
UTILITY EASEMENTS DESCRIBED IN SECTION ONE; PROVIDING FOR THE FURNISHING
OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE OFFICIAL PUBLIC
RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED; AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE
ABANDONMENT, AND PROVIDING FOR AN EFFECTIVE DATE
8. Authorize the City Manager to Execute a Contract with DMG Commercial Construction
Services, Inc. in the Amount of $298,548 for the Construction of the Police Dispatch
Communications Center Project and Amend the Budget to $599,000.
9. Authorize the City Manager to Approve the Purchase of Equipment for the Traffic Signal
Resynchronization or Replacement Project from Siemens Industry, Inc. and from Iteris, Inc.
for a Total Amount not to Exceed $147,705.
10. Authorize the City Manager to Amend the Annual Unit Price Contract with Stripe -a -Zone for
Thermoplastic Pavement Markings to Authorize Expenditures up to $125,000.
The motion carried.
11. Conduct a Public Hearing and Adopt an Ordinance to Create PD Planned Development No.
103 for SC Shopping Center, and Adopt a Concept Plan for Cabela's by Rezoning 12f Acres
from PD Planned Development No. 58, Tract 2A for LI Light Industrial and It Acres from PD
Planned Development No. 73 for SC Shopping Center on Property Located South of Village
Drive and West of Allen Station Parkway.
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. 2917-6-10: 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 CHANGING
THE ZONING OF A 14.0± ACRE TRACT OF LAND OUT OF THE L.K. PEGUES SURVEY,
ABSTRACT NO. 702, THE F.C. WILMETH SURVEY, ABSTRACT NO. 999, AND THE HENRY
WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN, COLLIN COUNTY, TEXAS; SAID
TRACT BEING MORE PARTICULARLY DESCRIBED M EXHIBIT "A" ATTACHED HERETO,
AND WHICH PROPERTY IS PRESENTLY ZONED "PD" PLANNED DEVELOPMENT NO. 58
"LI" LIGHT INDUSTRIAL AND "PD" PLANNED DEVELOPMENT NO. 73 "SC" SHOPPING
CENTER TO "PD" PLANNED DEVELOPMENT NO. 103 "SC" SHOPPING CENTER; ADOPTING
DEVELOPMENT REGULATIONS FOR SAID "PD" PLANNED DEVELOPMENT NO. 103 "SC'
SHOPPING CENTER, ADOPTING A CONCEPT PLAN; ADOPTING A LANDSCAPE PLAN,
ADOPTING BUILDING ELEVATIONS, ADOPTING A SIGN PLAN; ADOPTING AN
OUTDOOR SALES/DISPLAY EXHIBIT, ADOPTING A LIGHTING EXHIBIT; ADOPTING A
SCREENING EXHIBIT; ADOPTING A DOG KENNEL DETAIL; PROVIDING FOR A
CONFLICT RESOLUTION CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE;
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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 Caplinger and a second by Councilmember
Obenneyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2917-6-10, as previously captioned, to create PD Planned Development No. 103, SC
Shopping Center, and adopt a Concept Plan for Cabela's by rezoning 12.88+ acres from PD
Planned Development No. 58, Tract 2A for LI Light Industrial and 1.12+ acres from PD
Planned Development No. 73 for SC Shopping Center. The motion carried.
12. Motion to Confirm City Council Appointments to the Various Nominating Committees for the
Appointment of Boards and Commissions for Fiscal Year 2010-11.
MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember McGregor,
the Council voted seven (7) for and none (0) opposed to confirm the appointments of Council
members Obenneyer, Sedlacek and Caplinger to the Advisory Boards' and Quasi -Judicial
Board's Nominating Committee, and the appointment of all members of City Council to the
Corporation Boards' Nominating Committee, as recommended by Mayor Terrell. The
motion carried.
Other Business
13. Calendar.
• June 13 —Flag Day Celebration, Allen Heritage Center
• June 14, 21 — Summer Sounds Concert Series, Joe Farmer Recreation Center Hillside
Amphitheater, 7:00 p.m.
• June 26—Allen USA/Celebration Park, 4 p.m.
14. Items of Interest.
• Council commended the Parks and Recreation Department for the successful dedication of
Veterans Memorial located at Bethany Lakes Park
• Council wished happy 186 birthday to Jordan Herald.
Executive Session
The Executive Session was not held.
15. Reconvene and Consider Action on Items Discusses during Executive Session.
Adjourn
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 8:34 p.m. on Tuesday, June 8, 2010. The motion carried.
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ALLEN CITY COUNCIL
REGULAR MEETING
NNE 8, 2010
1 These minutes approved on the 22id day of June, 2010,
APP 2OVED:
Stephe Terrell, MAYOR
ATTEST:
ShelleyB GGea TY SECRETA
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