Min - City Council - 2016 - 07/12 - Regularno aBlasi IreKuuRfN1I
REGULAR MEETING
JULY 12, 2016
Present:
Stephen Terrell, Mayor
Councilmembers:
Gary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Ross Obermeyer
Joey Herald
Robin L. Sedlaeck
Baine Brooks
Citv Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Eric Ellwanger, Assistant City Manager
Shelley B George, City Secretary
Teresa Warren, Director, Public and Media Relations Office
Rebecca Vice, Assistant to the City Manager
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 625 p.m on Tuesday, July 12, 2016, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
• Update Regarding the Refunding of General Obligation and Revenue Bonds and the Issuance of Tax
Notes for the Purchase of Public Safety Radio Equipment.
• Committee Updates from City Council Liaisons
• Questions on Current Agenda
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6,55 p.m on
Tuesday, July 12, 2016.
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 7:03 p.m. on Tuesday, July 12, 2016, in the Council Chambers of the Allen City Hall,
305 Century Parkway, Allen, Texas
In honor of the five police officers slain in Dallas, Mayor Terrell observed a moment of silence before the
Pledge of Allegiance
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2016 PAGE 2
IPledge of Allegiance
Public Recognition
1. Citizens' Comments.
Consent Agenda
MOTION: Upon a motion made by Councilmember Oberrneyer and a second by Councilmember Herald,
the Council voted seven (7) for and none (0) opposed to adopt all items on the Consent Agenda
as follows:
2. Approve Minutes of the June 28, 2016, Regular Meeting of the Allen City Council.
3. Adopt a Resolution Amending Chapter Four, Section 4.01 E "Promotional Probation" and
Chapter Eight, Section 8.01 B "Rating Frequency," of the City's Personnel Policies and
Procedures Manual.
RESOLUTION NO. 3396-7-16-(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CITY OF ALLEN PERSONNEL
POLICIES AND PROCEDURES MANUAL BY AMENDING CHAPTER FOUR, SECTION 4.01 E
"PROMOTIONAL PROBATION" AND CHAPTER EIGHT, SECTION 8.01 B "RATING
FREQUENCY", PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE
4. Consider all Matters Incident and Related to Declaring Expectation to Reimburse Expenditures
with Proceeds of Future Debt, Including the Adoption of a Resolution Pertaining Thereto.
RESOLUTION NO. 3397-7-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DECLARING EXPECTATION TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF FUTURE DEBT
5. Authorize the City Manager to Execute a Contract for Thermoplastic and Raised Pavement
Markings with Road Master Striping Through an Interlocal Agreement with the City of
Midlothian for an Amount Not to Exceed $125,000.
The motion carred.
Regular Agenda
Mayor Pro Tem Caplinger filed an Affidavit of Conflict of Interest with the City Secretary for Agenda Item No
6 and left the Council dais.
6. Conduct a Public Hearing and Adopt an Ordinance Amending Portions of Planned Development
No. 92 to Add "Office" Use and "Medical and Dental Office" Use for the Property Known as
Lots 5-9, Block B, Starcreek Commercial; Generally Located South of Sam Rayburn Tollway
and East of Watters Road. [Starcreek]
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2016
1 With no one speaking, Mayor Terrell closed the public hearing
PAGE
ORDINANCE NO. 3398-7-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE ZONING EXHIBIT
FOR LOTS 2R, 3 AND 4, RIDGEVIEW MEADOW CONDOS, LOTS 5-9, 1 HC, 12, AND 13, BLOCK
B, STARCREEK COMMERCIAL, AND 10.26± ACRES OF LAND IN THE FRANCIS DASSER
SURVEY, ABSTRACT NO. 280, CITY OF ALLEN, COLLIN COUNTY, TEXAS, WHICH
PROPERTY IS LOCATED IN AND SUBJECT TO THE REGULATIONS OF TRACT A-1 WITHIN
PLANNED DEVELOPMENT NO. 92 TO ALLOW ADDITIONAL PORTIONS OF SAID
PROPERTY TO BE USED FOR OFFICE AND MEDICAL OR DENTAL OFFICE USES;
PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE, PROVIDING A SEVERABILITY
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 AN EFFECTIVE DATE
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Brooks,
the Council voted four (4) for and two (2) opposed, with Councilmembers Herald and Kizer
casting the negative votes, to adopt Ordinance No. 3398-7-16, as previously captioned. to
amend portions of Planned Development No. 92, to add "Office' Use and "Medical and Dental
Office" Use, and to provide architectural design similar to the architecture of the existing
buildings within Tinct A-1, for Starcreek, generally located south of Sam Rayburn Tollway
and east of Watters Road. The motion carried
Mayor Pro Tem Caplinger returned to his seat on the Council dais.
7. Conduct a Public Hearing and Adopt an Ordinance Amending the Development Regulations of
Planned Development No. 105 and Adopt a Concept Plan and Building Elevations Relating to the
20.592E Acre Portion of Planned Development No. 105 Located in the D. Nix Survey, Abstract
No. 668, the M. See Survey, Abstract No. 543, and the T. Kennedy Survey, Abstract No. 500;
Generally Located on the Northeast Corner of Alma Drive and Bethany Drive. [Connemara
Crossing]
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 favor of the item:
Greg Alexander, 1341 Claire Lane, Allen, Texas; and
Lori Springer, 1322 Lincoln Court, Allen, Texas
The following individuals did not speak, but wished to record their support of the item.
Steve Wilcox, 1320 Lincoln Court, Allen, Texas;
Jeffrey M Springer, 1322 Lincoln Court, Allen, Texas;
Cane Brooks, 1360 Francie Way, Allen, Texas,
Greg and Carol Alexander, 1341 Claire Lane, Allen, Texas,
Mike Shisko, 108 Ventura Court, Allen, Texas;
Brittany Walterscheid, 1303 Lincoln Court, Allen, Texas;
Pat and Penny Boyle, 1324 Lincoln Court, Allen, Texas;
Celeste Walz, 1351 Claire Lane, Allen, Texas,
Dennis Adelman, Allen, Texas;
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2016 PAGE 4
Carol Fletcher, Allen, Texas, and
Sarah Shiplett, Allen, Texas.
With no one else speaking. Mayor Terrell closed the public hearing
ORDINANCE NO. 3399-7-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE DEVELOPMENT
REGULATIONS, ADOPTING A CONCEPT PLAN, AND ADOPTING BUILDING ELEVATIONS
FOR 20.5921 ACRES OF LAND IN THE D. NIX SURVEY, ABSTRACT NO. 668, THE M. SEE
SURVEY, ABSTRACT NO. 543, AND THE T KENNEDY SURVEY, ABSTRACT NO 500, CITY
OF ALLEN, COLLIN COUNTY, TEXAS, WHICH PROPERTY IS LOCATED IN AND SUBJECT
TO THE REGULATIONS OF PLANNED DEVELOPMENT NO. 105, PROVIDING FOR A
CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY 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 AN
EFFECTIVE DATE
MOTION: Upon a motion made by Mayor Pro Tem Caplinger and a second by Councilmember Brooks,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No 3399-7-16, as
previously captioned, to amend the development regulations of Planned Development No 105
and adopt a Concept Plan and Building Elevations for Connemara Crossing, generally located
on the northeast comer of Alma Drive and Bethany Drive. The motion carried.
8. Conduct a Public Hearing and Adopt an Ordinance Amending the Base Zoning of Planned
Development No. 104 from Community Facilities to Single Family Residential R-7, and Adopt a
Concept Plan, Development Regulations, and Building Elevations for the Property Known as Lot
1, Block 1, Bethany Worship Addition; Generally Located on the Northeast Corner of Rivercrest
Boulevard and Greenville Avenue. IRivercrest Park
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 of the item
Jeff Tate, 609 Lake Ridge Drive, Allen, Texas,
Carroll Jungmann, 605 Lake Ridge Drive, Allen, Texas; and
Bill Nelson, 601 Lake Ridge Drive, Allen, Texas.
The following individuals spoke in support of the item
Carl Tmer, P.O. Box 1776, Allen, Texas: and
Shane Jordan, 16475 Dallas Parkway, Suite 540, Addison, Texas.
The following individuals did not speak, but wished to record their opposition of the item:
Linda Sues, 603 Lake Ridge Drive, Allen, Texas;
Rak Suetlana, 609 Lake Ridge Drive, Allen, Texas,
Peggy Jungmann, 605 Lake Ridge Drive, Allen, Texas, and
Linda Nelson, 601 Lake Ridge Drive, Allen, Texas.
With no one else speaking, Mayor Terrell closed the public hearing.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2016
PAGE
The City Secretary noted the city received and venfied 14 zoning protest petitions, equating to 22.9%
of the area, initiating the requirement of a super ma)onty vote by Council for the item to pass.
Verified Zoning Protest Petitions were received from the following individuals.
Sergio & Leticia Manilla, 606 Thoreau Lane, Allen, Texas;
Robert F De Vance, 610 Thoreau Lane, Allen, Texas;
Donald Joe Cole, 612 Thoreau Lane, Allen, Texas;
Steven Ashley, 600 Thoreau Lane, Allen, Texas;
Jack L. Pickering, 505 Lake Ridge Drive, Allen, Texas,
Mary K. Manasse, 507 Lake Ridge Drive, Allen, Texas;
Carroll W Jungmann, 605 Lake Ridge Drive, Allen, Texas,
Linda Elaine Sees, 603 Lake Ridge Drive, Allen, Texas;
Jeffrey A. Tate, 609 Lake Ridge Drive, Allen, Texas,
J V Hlavenka, 701 Cypress Drive, Allen, Texas;
Patsey F Conner, 501 Lake Ridge Drive, Allen, Texas;
Matthew R & Amanda G. Magruder, 607 Lake Ridge Drive, Allen, Texas;
William H. Nelson, 601 Lake Ridge Drive, Allen, Texas; and
Charles D. & Donna House, 611 Lake Ridge Drive, Allen, Texas.
ORDINANCE NO. 3400-7-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
AND ZONING MAP, AS PREVIOUSLY AMENDED, RELATING TO THE USE AND
DEVELOPMENT OF LOT 1, BLOCK 1, BETHANY WORSHIP ADDITION, CITY OF ALLEN,
COLLIN COUNTY, TEXAS, PRESENTLY ZONED AS PLANNED DEVELOPMENT PD NO. 104
FOR COMMUNITY FACILITIES (CF) BY CHANGING THE BASE ZONING ON SAID
PROPERTY TO SINGLE-FAMILY RESIDENTIAL (R-7) AND ADOPTING DEVELOPMENT
REGULATIONS, A CONCEPT PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS,
PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY
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 AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councdmember Herald,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3400-7-16, as
previously captioned, to amend the base zoning of Planned Development No. 104 from
Community Facilities to Single Family Residential R-7, adopt an amended Concept Plan
revised to convert the emergency access point to a 31 -foot street connection, Development
Regulations, and Building Elevations for Rivercrest Park, generally located on the northeast
corner of Rivercrest Boulevard and Greenville Avenue. The motion carred.
9. Conduct a Public Hearing and Adopt an Ordinance Amending the Base Zoning of Planned
Development No. 5 from Shopping Center to Multi -Family Residential MF -18, and Adopt a
Concept Plan, Development Regulations, Landscape Plan, and Building Elevations, for 6.557±
Acres Located in the Peter Weisel Survey, Abstract No. 990; Generally Located on the Northwest
Corner of Main Street and Fountain Gate Drive. [Fountain Gate Senior Living(
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.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2016
PAGE 6
ORDINANCE NO. 3401-7-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE DEVELOPMENT
REGULATIONS, ADOPTING A CONCEPT PLAN, LANDSCAPE PLAN, AND ADOPTING
BUILDING ELEVATIONS FOR 6 557± ACRES OF LAND IN THE PETER WETSEL SURVEY,
ABSTRACT NO. 990, CITY OF ALLEN, COLLIN COUNTY, TEXAS, WHICH PROPERTY IS
LOCATED IN AND SUBJECT TO THE REGULATIONS OF PLANNED DEVELOPMENT NO 5;
PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY
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 AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Mayor Pro Tem
Caplinger, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3401-
7-16, as previously captioned, to amend the base zoning of Planned Development No 5 from
Shopping Center to Multi -Family Residential MF -18, and adopt a Concept Plan, Development
Regulations, Landscape Plan, and Building Elevations, for Fountain Gate Senior Living;
generally located on the northwest comer of Main Street and Fountain Gate Drive The motion
carried.
10. Consider all Matters Incident and Related to the Issuance and Sale of "City of Allen, Texas,
General Obligation Refunding Bonds, Series 2016," Including the Adoption of an Ordinance
Authorizing the Issuance of Such Bonds, Establishing Parameters for the Sale and Issuance of
Such Bonds and Delegating Certain Matters to Authorized Officials of the City.
ORDINANCE NO. 3402-7-16: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
ALLEN, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016', LEVYING A
CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS,
RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE,
PAYMENT AND DELIVERY OF SAID BONDS, ESTABLISHING PROCEDUES FOR THE SALE
AND DELIVERY OF THE BONDS, DELEGATING MATTERS RELATING TO THE SALE AND
ISSUANCE OF THE BONDS TO AUTHORIZED CITY OFFICIALS, AND PROVIDING AN
EFFECT DATE
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 Ordinance No. 3402-7-16, as
previously captioned, authorizing the issuance of the General Obligation Refunding Bonds,
Series 2016 and the Paying Agent Registrar agreement with Bank of New York Mellon. The
motion carred.
11. Consider all Matters Incident and Related to the Issuance and Sale of "City of Allen, Texas, Tax
Notes, Series 2016," Including the Adoption of an Ordinance Authorizing the Issuance of Such
Tax Notes, Establishing Parameters for the Sale and Issuance of Such Tax Notes and Delegating
Certain Matters to Authorized Officials of the City.
ORDINANCE NO. 3403-7-16: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF
ALLEN, TEXAS, TAX NOTES, SERIES 2016`, LEVYING A CONTINUING DIRECT ANNUAL
AD VALOREM TAX FOR THE PAYMENT OF SAID NOTES; AND RESOLVING OTHER
MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND
DELIVERY OF SAID NOTES, ESTABLISHING PARAMETERS THEREFOR AND
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2016
PAGE 7
DELEGATING MATTERS RELATING TO THE SALE AND ISSUANCE OF THE NOTES TO
AUTHORIZED CITY OFFICIALS,
MOTION: Upon a motion made by Councilmember Kizer and a second by Councilmember Herald, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3403-7-16, as
previously captioned, authorizing the issuance of Tax Notes, Series 2016 and the Paying Agent
Registrar agreement with Bank of New York Mellon. The motion earned.
12. Consider all Matters Incident and Related to the Issuance and Sale of "Allen Community
Development Corporation Sales Tax Revenue Refunding Bonds, Taxable Series 2016," Including
the Adoption of a Resolution Approving the Resolution of the Board of Directors of the
Corporation Authorizing the Issuance of Such Bonds.
RESOLUTION NO. 3404-7-16(R): A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS RELATING TO THE "ALLEN COMMUNITY DEVELOPMENT
CORPORATION SALES TAX REVENUE REFUNDING BONDS, TAXABLE SERIES 2016`
INCLUDING THE APPROVAL OF THE RESOLUTION OF THE BOARD OF DIRECTORS OF
THE CORPORATION AUTHORIZING THE ISSUANCE OF SUCH BONDS, RESOLVING
OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE OF SUCH BONDS AND
PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Brooks,
the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 3404-7-16(R),
as previously captioned approving the Resolution of the Board of Directors of the Corporation
Authorizing the Issuance of Sales Tax Revenue Refunding Bonds, Taxable Series 2016. The
motion carried.
13. Calendar.
• Council recognized Boy Scouts from Troop 1914 in attendance as a requirement for the
Citizenship in the Community and Communication merit badges.
14. Items of Interest.
• Council invited the public to watch the Cricket Tournament at Celebration Park on July 16
starting at 9:00 a.m.
• The Allen Community Outreach is looking for volunteers to help with events such as the Fill
the Bus School Supply campaign which is having a Back to School Bash on August 13 at First
United Methodist Church.
• Various local restaurants are supporting the Allen Community Outreach through the Chnstmas
in July Restaurant Promotion by donation of a portion of proceeds.
The Executive Session was not held
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2016 PAGE 8
1 Adjournment
MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the
Curried voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen
City Council at 9 40 p.m on Tuesday, July 12, 2016. The motion carred.
These minutes approved on the 26" day of July 2016.
ATTEST:
S ee ey B. Ge e, TRMC, CI ECRETARY
L
A
A7;ED:
Stephen Terrell, MAYOR