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Home My WebLink AboutMin - City Council - 2011 - 02/22 - RegularALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 22, 2011 Present: Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor City StatT: Peter H. Vargas, City Manager Shelley B. George, City Secretary Pete Smith, City Attorney 1 Workshoo Session With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:17 p.m. on Tuesday. February 22, 2011. in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Introduction of Mardy Brown, Keep Allen Beautiful Board Chairperson • Presentation of the Proposed Post Retirement Healthcare Funding Trust Program • Committee Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:48 p.m. on Tuesday. February 22. 2011 Call to Order and Announce a Ouorum 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 7:01 p.m. on Tuesday, February 22, 2011, in the Council Chambers of the Allen City Hall, 305 Century Parkway. Allen. Texas. Pledge of Allegiance Public Recoenition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 22, 2011 PAGE 2 2. Recognition of Purchasing Division for Receipt of the 2010 Achievement of Excellence in Procurement Award. 3. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Representatives of the Purchasing Division of the Finance Department Proclaiming March 2011 as "Purchasing Month." • Presentation of a Proclamation to Representatives of the Parks and Recreation Department, Parks and Recreation Board, and Keep Allen Beautiful Board Proclaiming March 5, 2011, as "Arbor Day." 4. Presentation of Arbor Day Poster Contest Winners by the Keep Allen Beautiful Board. 5th grade winners: 1 st place, Renee Cole from Vaughan Elementary 2nd place, Naira lkram from Norton Elementary 3rd place, Ashleigh Secrest from Vaughan Elementary 4th grade winners: 1st place, Emma Hernandez from Norton Elementary 2nd place, Erin Kang from Norton Elementary The Regular Meeting was recessed at 7:17 p.m. and immediately reconvened to continue with the following presentation. 5. Presentation of the Keep Allen Beautiful Board's Annual Report by Chairperson Mardy Brown. The Regular Meeting was recessed at 7:25 p.m. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 7:35 p.m. on Tuesday, February 22, 2011, in the large Engineering Conference Room, 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to: Legal, Section 551.071 - Purpose of Seeking Confidential Legal Advice from the City Attorney on the Agenda Item Listed Below 15. Authorize the City Manager to Execute an Event License Agreement Between the City of Allen and Intergalactic Sports Entertainment, LLC to Base an Arena Football League (AFL) Team at the Allen Event Center. The Executive Session adjourned at 7:59 p.m. on Tuesday, February 22, 2011. 24. Reconvene and Consider Action on Items Discusses during Executive Session. The Allen City Council reconvened into the Regular Meeting at 8:00 p.m. on Tuesday. February 22. 2011. No action was taken on items discussed during Executive Session. l 'l ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 22, 2011 PAGE 3 Consent Agenda Mayor Terrell removed the following nem from the Consent Agenda: 15. Authorize the City Manager to Execute an Event License Agreement Between the City of Allen and Intergalactic Sports Entertainment, LLC to Base an Arena Football League (AFL) Team at the Allen Event Center. No action was taken on this item. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councdmember Herald, the Council voted seven (7) for and none (0) opposed to adopt the remaining items on the Consent Agenda as follows: 6. Approve Minutes of the February 8, 2011, Regular Meeting. 7. Adopt an Ordinance Amending the Speed Regulations Table in Chapter 9 of the Code of Ordinances Replacing "Allen Station Parkway" with "Andrews Parkway'. ORDINANCE NO. 2989.2.11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS. AMENDING THE CODE OF ORDINANCES, BY AMENDING THE TABLE IN 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 ANDREWS PARKWAY AND ALLEN STATION PARKWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN; PROVIDING FOR A REPEALING 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. 8. Adopt a Resolution Ordering the May 14, 2011, General Election and Authorizing the City Manager to Enter into a Contract with the Elections Administrator of Collin County to Provide Joint Election Services with the Allen Independent School District. RESOLUTION NO. 2990-2-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS. ORDERING A JOINT ELECTION TO BE HELD ON MAY 14, 2011, FOR THE PURPOSE OF ELECTING THE MAYOR AND CITY COUNCILMEMBER FOR PLACE NO 2: DESIGNATING LOCATION OF POLLING PLACE; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION: AUTHORIZING EXECUTION OF JOINT ELECTION AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE. 9. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or Terminate the Second Year of a Three Year Grant From the State of Texas. Office of the Governor, Criminal Justice Division to Fund a Family Violence Investigation and Prevention Officer. RESOLUTION NO. 2991-2-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN. COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE GRANT # 2350202 A GRANT FROM THE STATE OF TEXAS, OFFICE OF THE ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 22, 2011 PAGE 4 GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A FAMILY VIOLENCE INVESTIGATION AND PREVENTION OFFICER, IF AWARDED; AND PROVIDING FOR AN EFFECTIVE DATE 10. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or Terminate the Third Year of a Three -Year Grant From the State of Texas, Office of the Governor, Criminal Justice Division to Continue to Fund a Second Child Abuse Investigator. RESOLUTION NO. 2992.2-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE GRANT #2153503 FROM THE STATE OF TEXAS. OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A CHILD ABUSE INVESTIGATOR POSITION TO BE ASSIGNED TO THE COLLIN COUNTY CHILD ABUSE TASK FORCE, IF AWARDED; AND PROVIDING FOR AN EFFECTIVE DATE. 11. Adopt a Resolution Approving the Terms and Conditions of the Local Project Advance Funding Agreement (LPAFA) with the State of Texas Acting By and Through the Texas Department of Transportation for Funding Stacy Road Right of Way Acquisition. RESOLUTION NO. 2993-2-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH THE STATE OF TEXAS ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING STACY ROAD RIGHT OF WAY ACQUISITION; AND PROVIDING AN EFFECTIVE DATE. 12. Adopt a Resolution in Support of Congruent Congressional, Legislative, and State Board of Education Districts that Fairly Represent All of Collin County. RESOLUTION NO. 2994-2-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING REDISTRICTING EFFORTS OF THE TEXAS LEGISLATURE RELATED TO THE 2010 CENSUS WHICH RESULTS IN CONGRUENT CONGRESSIONAL. LEGISLATIVE, AND STATE BOARD OF EDUCATION DISTRICTS FOR ALL OF COLLIN COUNTY AND PROVIDING AN EFFECTIVE DATE. 13. Authorize the City Manager to Purchase Two Tractor Loader Backhoes Through the Houston - Galveston Area Council of Governments Cooperative Purchasing Program for an Amount Not to Exceed $154,000. 14. Award a Bid and Authorize the City Manager to Approve the Purchase of Golf Cart Batteries from Battery Consulting for Chase Oaks Golf Course for an Amount Not to Exceed $54,180. 16. Receive the Quarterly Investment Report for the Period Ending December 31, 2010. 17. Receive the Quarterly Financial Report for the Period Ending December 31, 2010. 18. Receive the Summary of Property Tax Collections as of January 2011. 19. Receive the Capital Improvement Program (CIP) Status Reports. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 22, 2011 IThe motion carried. PAGE 5 20. Conduct a Public Hearing and Adopt an Ordinance for a Specific Use Permit SUP for Beer and Wine Package Sales with Greater than 50% Revenue from Beer and Wine, Located in 722 Square Feet of space, in The Village at Allen, 190 E Stacy Road, Building 400, Suite 405. (SUP - 1/5/11 -97) [To-Lo's Beer & Wine] 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. 2995.2-11: 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 GRANTING SPECIFIC USE PERMIT NO. 117 FOR BEER AND WINE PACKAGE SALES WITH GREATER THAN 50%r REVENUE FROM BEER AND WINE FOR A 722 SQUARE FOOT PORTION OF A BUILDING LOCATED ON LOT 7A-1, BLOCK A OF THE REPLAT OF LOTS 1-7, BLOCK A AND LOTS 1 & 2, BLOCK B, THE VILLAGE AT ALLEN, CITY OF ALLEN. TEXAS (ALSO KNOWN AS 190 E. STACY ROAD, BUILDING 400, SUITE 405) PRESENTLY ZONED PLANNED DEVELOPMENT PD 73 SHOPPING CENTER (SC): PROVIDING FOR SPECIAL CONDITIONS. ADOPTING A FLOOR PLAN, PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 Sedlacek and a second by Councilmember Caplinger. the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2995-2-11, as previously captioned, adopting Specific Use Permit No. 117 for Beer and Wine Package Sales with greater than 50% Revenue from Beer and Wine, for To-Lo's Beer & Wine, located in 722 square feet of space, in the Village at Allen, 190 E Stacy Road, Building 400, Suite 405 The motion carried Other Business 21. Calendar. • March 5 —Arbor Day Celebration. Allen Public Library, 9 a.m. — 1 p in. • March 8 — Regular City Council Meeting Canceled. Next City Council Meeting is March 22 22. Items of Interest. • Council recognized a Boy Scout from Troop 714 in attendance as a requirement for the Communications Merit Badge. • The 2"d Annual Fire and Police Benefit Hockey Game will be held on February 26 at 5 p in benefitting Special Olympics and the Public Safety Recovery Fund • Sam Bass Day is February 26 at the Heritage Center ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 22, 2011 PAGE 6 i• The Allen Eiwanis will host the Circus in Allen on March 25-27 at its new location on Century Parkway. • Council wished a happy birthday to Councilmember Herald's daughter, Sara, and son, Andy. Executive Session The Executive Session was not held for the following item: 23. Pursuant to Personnel, Section 551.074 of the Texas Government Code — Annual Performance Review of the City Manager 24. Reconvene and Consider Action on Items Discusses during Executive Session 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 12 p.m. on Tuesday. February 22. 2011. The motion carried. These minutes approved on the 22otl day of March, 2011 APPROVED: Step Terre ATTEST: She ey B. George,C,417Y SECRETAR