Min - City Council - 2010 - 07/27 - RegularALLEN CITY COUNCIL
REGULAR MEETING
L JULY 27, 2010
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Gary L. Caplinger
Jeff McGregor (absent)
City Staff:
Peter H. Vargas, 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 18 p.m. on Tuesday, July 27, 2010, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas. The following items were discussed:
• Overview of Retail and Other Development in the City of Allen
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6,55 p.m. on
Tuesday, July 27, 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 7:05 p.m. on Tuesday, July 27, 2010, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas
Pledee of Allegiance
Public Recognition
Citizens' Comments
Wendy Wilson, 1001 Shelbom Drive, Allen, Texas, expressed opposition to agenda item 18.
2. Recognition of Allen Residents who Received Various Keep Texas Beautiful Awards this Year.
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• Rothe Jackson Youth Leadership Award, I" Place, High School Group — The H.O.P.E. for the Best
Campaign comprised of Abby Reeves, Jenna Barratt, Kennedy Bailey and Jake Rozca.
• Rothe Jackson Youth Leadership Award, 3`a Place, Scouting - Wesley Webre, Eagle Scout candidate
• Volunteer of the Year, 3`d Place - Sue Kacines, Boon Elementary PTA Environmental Chair
• Ebby Halliday and Maurice Acers Business/Industry Award, 2" Place, Local Business - Community
Waste Disposal
• Governor's Community Achievement Award (GCAA), Award of Excellence - City of Allen
• Gold Star Affiliate- Keep Allen Beautiful
• Keep Allen Beautiful recognized the WalMart Neighborhood Market for their environmental efforts
in the Allen community
3. Presentation of the Allen Economic Development Corporation (AEDC) for Receiving the 2009
Texas Economic Development Council Economic Excellence Award.
4. Recognition of the City of Allen Finance Department as the Recipient of the Distinguished
Budget Presentation Award by the Government Finance Officers Association.
Consent Aeenda
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Sedlacek, the Council voted six (6) for and none (0) opposed to adopt the items on the
Consent Agenda as follows:
5. Approve Minutes of the June 29, 2010, Joint Meeting with the City Councils of Frisco and
Plano and the Arts of Collin County Commission, Inc.
6. Approve Minutes of the July 13, 2010, Regular Meeting.
7. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, `Motor Vehicles and
Traffic,' to Amend the Maximum Prima Facie Speed Limit on Bray Central Drive to Ridgeview
Drive to 300 Feet South of Hopewell Drive within the Corporate Limits of the City of Allen and
Lowering the Speed Limit from 40 MPH to 35 MPH.
ORDINANCE NO. 2932-7-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION
OF VEHICLES," DIVISION 2, "SPEED REGULATIONS," SECTION 9-135(A), TO AMEND THE
MAXIMUM PRIMA FACIE SPEED LIMIT FOR BRAY CENTRAL DRIVE WITHIN THE
CORPORATE LIMITS OF THE CITY OF ALLEN; PROVIDING FOR A REPEALING CLAUSE,
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS 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.
S. Adopt a Resolution Amending the Policy Governing the Use of the Library Meeting Room and
Library Board Room and Adopt a Resolution Amending the Policy Governing the Use of the
Allen Public Library Civic Auditorium.
RESOLUTION NO. 2933-7-10(R): A RESOLUTION OF T14E CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE POLICY FOR THE USE OF THE
LIBRARY MEETING ROOM AND THE LIBRARY BOARD ROOM BY MEMBERS OF THE
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PAGE
PUBLIC AND LOCAL ORGANIZATIONS, DELINEATING RULES AND RESPONSIBILITIES;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 2934-7-]O(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE POLICY FOR THE USE OF THE ALLEN
PUBLIC LIBRARY CIVIC AUDITORIUM BY MEMBERS OF THE PUBLIC AND LOCAL
ORGANIZATIONS; DELINEATING RULES AND RESPONSIBILITIES, PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
9. Adopt a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter, or
Terminate a Three -Year Grant from the United States Department of Justice, Office of
Community Oriented Policing Services to Add Three Sworn Police Officer Positions.
RESOLUTION NO. 2935-7-10(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR
TERMINATE A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE
OF COMMUNITY ORIENTED POLICING SERVICES PROVIDING GRANT FUNDING FOR
THREE SWORN POLICE OFFICERS UNDER THE COPS HIRING RECOVERY PROGRAM, IF
AWARDED.
10. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with
Collin County to Continue Participating in the Road and Bridge Maintenance/Improvement
Projects within the Corporate Limits of Allen.
RESOLUTION NO. 2936-7-10(R): 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,
TEXAS, AND COLLIN COUNTY, TEXAS, CONCERNING ROUTINE ROAD AND BRIDGE
MAINTENANCE, AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND
PROVIDING AN EFFECTIVE DATE.
11. Authorize the City Manager to Execute a Contract with The VIA Group to Provide a
Hardware and Software Upgrade of the Avaya Telephone PBX at a Total Cost of $158,526.85.
12. Award Bid and Authorize the City Manager to Execute a Contract with SecureNet, Inc. for
CCTV/Access Control Totaling $574,481.51 and Establish a Project Budget in the Amount of
$631,000.
13. Award Bid and Authorize the City Manager to Execute a Contract with Durable Specialties,
Inc. for Traffic Signal Installation and Equipment in the Amount of $233,500.75 and Establish
a Project Budget in the Amount of $300,000.
14. Award Bid and Authorize the City Manager to Execute a Contract for a Fire Station Alerting
and Automated Dispatching System with US Digital Designs, Inc. for an Amount of $190,298.95
and Establish a Project Budget not to Exceed $195,298.95.
15. Receive the Proposed Fiscal Year 2010-2011 City Budget and the Proposed Fiscal Year 2011-
2015 Capital Improvement Program.
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16. Receive the Summary of Property Tax Collections as of June 2010.
17. Receive the Capital Improvement Program (CIP) Status Reports.
The motion carried.
18. Tabled Item: Adopt an Ordinance to Create PD Planned Development No. 106 for CF
Community Facilities for a Public Safety Communications Tower. The Property is 5.9743
Acres Situated in the James T. Roberts Survey, Abstract No. 777, Stacy Road Pump Station,
City of Allen, Collin County, Texas; Located East of Greenville Avenue and South of Stacy
Road. (Z-6/l/1040)[Stacy Road Public Safety Communications Tower
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
the Council voted six (6) for and none (0) opposed to remove this item from the table. The
motion carried.
Although the public hearing for this item was closed at the July 13, 2010, Regular Meeting, Mayor
Terrell invited anyone wishing to speak either for or against this item to do so at this time.
The following individuals spoke in opposition to the item:
Wendy Wilson, 1001 Shelbom Drive, Allen, Texas
Stephanie Brittain, 1002 Shelbom Drive, Allen, Texas
Eric Staley, 1309 Lamar Lane, Allen, Texas
Steven Work, 1705 Terrell Drive, Allen, Texas
The following individuals did not speak but wished to record their opposition to the item:
Curtis Johnston, 1715 Zavala Drive, Allen, Texas
Amy Johnston, 1715 Zavala Drive, Allen, Texas
Deepa Mathew, 1719 Shawnee Trail, Allen, Texas
Alice Mathew, 1719 Shawnee Trail, Allen, Texas
Judy Bartlett, 1712 Zavala Drive, Allen, Texas
David Bartlett, 1712 Zavala Drive, Allen, Texas
Dalayr Hight, 1110 Carson Drive, Allen, Texas
Gauri Wadekar, 1701 Terrell Drive, Allen, Texas
Mandar Wadekar, 1701 Terrell Drive, Allen, Texas
Hossain Himimy, 1000 Shelbom Drive, Allen, Texas
Valeria Pearl, 1706 Zavala Drive, Allen, Texas
Carie Dippel, 1013 Shelbom Drive, Allen, Texas
Laura Campbell, 1701 Zavala Drive, Allen, Texas
Dr. Ken Wilson, 1001 Shelbom Drive, Allen, Texas
Kristen Dyan Maramba, 1002 Timberbend Trail, Allen, Texas
Jan Goble, 1703 Shawnee Trail, Allen, Texas
Kenneth W Fitch, 1721 Shawnee Trail, Allen, Texas
Kerrie Fitch, 1721 Shawnee Trail, Allen, Texas
Delores Crone, 1319 Rusk Drive, Allen, Texas
Stephen Crim, 1114 Sunrise Drive, Allen, Texas 75002
Abbie Stevens, 1311 Rusk Drive, Allen, Texas
Tori Kadiri, 1324 Red River Lane, Allen, Texas
ALLEN CITY COUNCIL
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JULY 27, 2010
PAGES
MOTION: Upon a motion made by Councilmember Obermeyer and second by Mayor Pro Tem Stout,
the Council voted six (6) for and none (0) opposed to deny the request without prejudice.
The motion carried.
19. Tabled Item: Adopt an Ordinance to Create PD Planned Development No. 104 for CF
Community Facilities for a Church. The Property is 6.962± Acres Situated in the Lewis Wetsel
Survey, Abstract No. 978, and Being a Part of Fountain Park First Section, City of Allen, Collin
County, Texas; Located at the Northeast Corner of Greenville Avenue and Rivercrest
Boulevard. (Z-4/5/10-23)]Bethany Worship Center]
MOTION: Upon a motion made by Councilmember Caplinger and a second by Councilmember
Sedlacek, the Council voted six (6) for and none (0) opposed to remove this item from the
table. The motion carried.
Although the public hearing for this item was closed at the July 13, 2010, Regular Meeting, Mayor
Terrell invited anyone wishing to speak either for or against this item to do so at this time.
Carl Tiner, expressed support for this item as submitted by the applicant.
The following individuals did not speak but wished to record their opposition to the requirement of a
masonry wall:
Micaela Aguirre, 1718 Zavala Drive, Allen, Texas
Irma Luna, 1718 Zavala Drive, Allen, Texas
Sudhir Vasal, 1635 Broadmoor Drive, Allen, Texas
Sunil Verona, 1007 Sunrise Drive, Allen, Texas
Lu Lu, 1711 Zavala Drive, Allen, Texas
Bob Peeples, 1006 Fox Trail Drive, Allen, Texas
Vicki Peeples, 1006 Fox Trail Drive, Allen, Texas
Nancy Griot, 1603 Sul Ross, Allen, Texas
Sathianathan Arianayagam, 1113 Sunrise Drive, Allen, Texas
Ellen Crummy, 1113 Sunrise Drive, Allen, Texas
Michael Brittain, 1002 Shelbom Drive, Allen, Texas
Sam Tali, 1109 Sunrise Drive, Allen, Texas
Kevin Flesch, 1323 Rusk Drive, Allen, Texas
Jennifer Hasko, 1305 Lamar Lane, Allen, Texas
Elaine S. Flesch, 1323 Rusk Drive, Allen, Texas
Sari Eljarrah, 1025 Shelbom Drive, Allen, Texas
Kevin Hasko, 1305 Lamar Lane, Allen, Texas
Mamudu Kadiri, 1324 Red River Lane, Allen, Texas
Danilo Mina, 1334 Red River Lane, Allen, Texas
Rhonda Taylor, 1538 Hardeman Court, Allen, Texas
Dorothy Cantrell, 1538 Hardeman Court, Allen, Texas
Jason Bruner, 1708 Honey Creek Lane, Allen, Texas
Tracey Matlack, 1717 Shawnee Trail, Allen, Texas
Charles Matlock, 1717 Shawnee Trail, Allen, Texas
Matt Morgan, 1202 Sunrise Drive, Allen, Texas
Barbara Chou, 1202 Sunrise Drive, Allen, Texas
Jasmine Camey, 1709 Zavala Drive, Allen, Texas
Brian Camey, 1709 Zavala Drive, Allen, Texas
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MOTION: Upon a motion made by Councilmember Obermeyer and second by Mayor Pro Tem Stout,
the Council voted six (6) for and none (0) opposed to deny the request without prejudice.
The motion carried.
19. Tabled Item: Adopt an Ordinance to Create PD Planned Development No. 104 for CF
Community Facilities for a Church. The Property is 6.962± Acres Situated in the Lewis Wetsel
Survey, Abstract No. 978, and Being a Part of Fountain Park First Section, City of Allen, Collin
County, Texas; Located at the Northeast Corner of Greenville Avenue and Rivercrest
Boulevard. (Z-4/5/10-23)]Bethany Worship Center]
MOTION: Upon a motion made by Councilmember Caplinger and a second by Councilmember
Sedlacek, the Council voted six (6) for and none (0) opposed to remove this item from the
table. The motion carried.
Although the public hearing for this item was closed at the July 13, 2010, Regular Meeting, Mayor
Terrell invited anyone wishing to speak either for or against this item to do so at this time.
Carl Tiner, expressed support for this item as submitted by the applicant.
The following individuals did not speak but wished to record their opposition to the requirement of a
masonry wall:
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James Adams, 1701 Balboa Lane, Allen, Texas
Grant Adams, 1701 Balboa Lane, Allen, Texas
Sathianathan Arianayagam, 1113 Sunrise Drive, Allen, Texas
Ellen Crummy, 1113 Sunrise Drive, Allen, Texas
ORDINANCE NO. 2923-7-10: 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 6.962+ ACRES OUT OF THE LEWIS WETSEL SURVEY, ABSTRACT NO
978, DESCRIBED IN EXHIBIT "A," ATTACHED HERETO FROM 'CF" COMMUNITY
FACILITIES, TO "PD" PLANNED DEVELOPMENT NO. 104 FOR A CHURCH; ADOPTING
DEVELOPMENT REGULATIONS; ADOPTING A CONCEPT PLAN; ADOPTING BUILDING
ELEVATIONS, ADOPTING A SIGN PLAN; PROVIDING FOR A CONFLICTS RESOLUTION
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 Obermeyer and second by Councilmember Herald,
the Council voted six (6) for and none (0) opposed to adopt Ordinance No 2923-7-10, as
previously captioned, creating PD Planned Development No. 104 with a base zoning of CF
Community Facilities for a church, on 6.962± acres located at the northeast comer of
Greenville Avenue and Rivercrest Boulevard, with the following amendments that 1) Access
to the alley be removed from Concept Plan Option B, 2) Screening Alternative Option B be
approved with final plant species and spacing to be approved by staff at time of site plan, 3)
Screening along the northern property line be placed outside the utility easement, and 4)
Applicant should come to City Council with a revised concept plan consistent with these
amendments. The motion carried.
20. Conduct a Public Hearing and Approve a Resolution Adopting the 2010-2014 Consolidated
Plan 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. 2937-7-10(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2010-2014 CONSOLIDATED PLAN;
AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD); REPEALING ALL RESOLUTIONS IN CONFLICT, PROVIDING A
SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Sedlacek and seconded by Councilmember
Obermeyer, the Council voted six (6) for and none (0) opposed to adopt Resolution No. 2937-
7-10(R), as previously captioned, approving the 2010-2014 Consolidated Plan for the
Community Development Block Grant (CDBG) Program. The motion carried.
i
21. Set August 10, 2010, as the First Public Hearing Date and August 24, 2010, as the Second Public
Hearing date Regarding the Fiscal Year 2010-2011 City Budget.
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MOTION: Upon a motion made by Mayor Pro Tem Stout and seconded by Councilmember Obermeyer,
the Council voted six (6) for and none (0) opposed to set Tuesday, August 10, 2010, and
Tuesday, August 24, 2010, at 7:00 pro. at Allen City Hall, One Allen Civic Plaza, 305
Century Parkway, Allen, Texas as the dates, time, and place for the first and second Public
Hearings on the City's Proposed Fiscal Year 2010-2011 Budget in accordance with Article
IV, Section 4.04 of the City Charter. The motion carried.
22. Set August 10, 2010, as the First Public Hearing Date and August 24, 2010, as the Second Public
Hearing Date Regarding the Fiscal Year 2010-2011 City Tax Rate.
MOTION: Upon a motion made by Councilmember Herald and seconded by Councilmember
Obermeyer, the Council voted six (6) for and none (0) opposed to set Tuesday, August 10,
2010, and Tuesday, August 24, 2010, at 7'00 p.m. at Allen City Hall, One Allen Civic Plaza,
305 Century Parkway, Allen, Texas, as the dates, time, and place for the first and second
Public Hearings on the proposed City Tax Rate of 55.5 cents per $100 of appraised value for
the Fiscal year 2010-2011. The motion carried.
23. Calendar.
24. Items of Interest.
The Executive Session was not held.
25. 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 Sedlacek, the
Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen
City Council at 9'41 p.m. on Tuesday, July 27, 2010. The motion carried
These minutes approved on the 10ih day of August, 2010.
Zi:D-
L
Stephen Terrell, MAYOR
ATTEST:
Sshelley B. 4ejrge, CITY SECRETARY