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Home My WebLink AboutMin - City Council - 2012 - 08/14 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 14, 2012 Gary L. Caplinger, Mayor Pro Tem (also serves as a member of the AEDC Board of Directors) Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Baine Brooks City Staff Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office Peter G. Smith, City Attorney Allen Economic Development Corporation Board of Directors (Present at Workshont: Tim Wood, President Susan Bartlemay, Vice President Debbie Stout Gary L. Caplinger With a quorum of the Councilmembers and AEDC Boardmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:23 p in. on Tuesday, August 14, 2012, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Introduction of Emile Carriere, Chair of the Public Art Committee • Allen Economic Development Corporation Board Presentation • Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:45 p.m. on Tuesday, August 14, 2012. ICall to Order and Announce a Ouorum is Present Present: Stephen Terrell, Mayor Councilmembers: ALLEN CITY COUNCIL REGULAR MEETING AUGUST 14, 2012 Gary L. Caplinger, Mayor Pro Tem (also serves as a member of the AEDC Board of Directors) Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Baine Brooks City Staff Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office Peter G. Smith, City Attorney Allen Economic Development Corporation Board of Directors (Present at Workshont: Tim Wood, President Susan Bartlemay, Vice President Debbie Stout Gary L. Caplinger With a quorum of the Councilmembers and AEDC Boardmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:23 p in. on Tuesday, August 14, 2012, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Introduction of Emile Carriere, Chair of the Public Art Committee • Allen Economic Development Corporation Board Presentation • Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:45 p.m. on Tuesday, August 14, 2012. ICall to Order and Announce a Ouorum is Present ALLEN CITY COUNCIL REGULAR MEETING AUGUST 14, 2012 PAGE With a quorum of the Councdmembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7:02 p.m. on Tuesday, August 14, 2012, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledee of Allegiance Public Recognition Citizens' Comments. Presentation of a Blue Star Flag to a Family of Allen Service Personnel Currently Deployed by the U.S. Armed Forces. • Mr. and Mrs. Phil Collier, parents of Specialist Philip Ryan Collier, United States Army Recognition of the Keep Texas Beautiful (KTB) Award Winners from the City of Allen. • Ruthe Jackson Youth Leadership Award, first place, Kyle Webre • The Sadie Ray Graff Award, first place, Kirk Evans • The KTB Media Award, first place -electronic category, PAMRO • Ebby Halliday and Maurice Acers Business/Industry Award, Citation of Meru, Atlas-Copco • The Individual Leadership Lifetime Achievement Award, Donna Kliewer • Civic Organization/Civic Program category, first place, Keep Allen Beautiful as a member of the Trinity River Environmental Education Society (TREES). • The Governor's Community Achievement Award (GCAA), first place, category 8. City of Allen • Gold Star Affiliate recognition, Keep Allen Beautiful 4. Recognition of the Parks and Recreation Department's Marketing Division for Receipt of Three Awards from the Texas Festivals and Events Association. • Best Photograph - Texas Stampede (by photographer Mike Mezeul) • Best TV Promotion (ad spot or PSA) - SNAP Dance • Best New Event - 2012 Lone Star Conference Tournament Presentation of the Public Art Committee's 2012 Annual Report by Emile Carrierre, Public Art Committee Chair. MOTION: Upon a motion made by Councilmember Herald and a second by Mayor Pro Tem Caplinger, the Council voted seven (7) for and none (0) opposed to adopt the items on the Consent Agenda as follows 6. Approve Minutes of the July 24, 2012, Regular Meeting. 7. Adopt a Resolution Supporting Collin County's Prioritization of Proposed RTR (Regional Toll Revenue) Funded Transportation Projects. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 14, 2012 PAGE RESOLUTION NO. 3096-8-12(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING COLLIN COUNTY'S PRIORITIZATION OF PROPOSED REGIONAL TOLL REVENUE (ITR) FUNDED TRANSPORTATION PROJECTS; AUTHORIZING THE MAYOR TO SIGN THE JOINT COLLIN COUNTY RESOLUTION REGARDING RTR FUNDED TRANSPORTATION PROJECTS, AND PROVIDING AN EFFECTIVE DATE. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement between the Cities of Allen and Plano to Accept The Colony as a Subscriber to the PAWM (Plano, Allen, Wylie, Murphy) Public Safety Radio System. RESOLUTION NO. 3097-8-12(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, THE CITY OF PLANO, TEXAS, AND THE CITY OF THE COLONY, TEXAS, PERMITTING SPECIFIED USE OF THE PLANO AND ALLEN PUBLIC SAFETY RADIO SYSTEM BY THE CITY OF THE COLONY, TEXAS; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER, OR AUTHORIZED REPRESENTATIVE; AND PROVIDING AN EFFECTIVE DATE. 9. Authorize the City Manager to Execute a Public Improvement Deferral Agreement with Twin Creeks Business Park, Inc. (Bossy Boots Holdings, Ltd.) Related to the Required Traffic Improvements for the Development of District H in Planned Development No. 108. 10. Authorize the City Manager to Execute a Right -of -Way Dedication Agreement with the Wines Family Irrevocable Trust and MGA Family Limited Partnership for Ridgeview Drive in the Amount of $601,128 plus Closing Costs. 11. Authorize the City Manager to Approve the Issuance of a Purchase Order to CSDC Systems, Inc. in the Amount of $50,680 for the Purchase of Imaging and Point of Sale Software and Hardware to Upgrade the Existing Municipal Court Computer System. 12. Award Bid and Authorize the City Manager to Execute a Contract for Street Sweeping Services with Sweeping Services of Texas -Operating L.P., D/B/A/ Mr. Dirt of Texas for an Estimated Annual Expenditure of $120,000 with Three (3) One year Options to Renew Under the Same Terms and Conditions. 13. Motion to Accept a Donation from Mrs. Connie Rodenbaugh for the Public Art Program of a Sculpture for the Allen Senior Recreation Center. 14. Authorize the City Manager to Execute Contracts with United Healthcare (UHC) to Serve as a Third -Party Administrator; Sun Life to Serve as Stop -Loss Insurance Carrier and to Provide Life/Accidental Death & Dismemberment (AD&D), Short -Term Disability, Long -Term Disability, and Voluntary Life Insurance; and Alliance Work Partners to Provide Employee Assistance Program Services. 15. Accept the Investment Report for the Period Ending June 30, 2012. 16. Receive the Financial Report for Period Ending June 30, 2012. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 14, 2012 PAGE 4 The motion carried Regular Agenda 17. Conduct a Public Hearing and Adopt a Resolution Approving the Proposed 2012-2013 Annual Action 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. Joyce Vaughan, 639 Leading Lane, Allen, Texas, spoke in favor of this item. With no else one speaking, Mayor Terrell closed the public hearing. RESOLUTION NO. 3098-8-12(ft A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2012-2013 ANNUAL ACTION 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 Obermeyer and a second by Councilmember Herald, the Council voted seven (7) for and none (0) apposed to adopt Resolution No. 3098- 8-12(R), as previously captioned, approving the proposed 2012-2013 Annual Action Plan for the Community Development Block Grant (CDBG) Program. The motion carried. 18. Conduct a Public Hearing and Adopt an Ordinance for a Specific Use Permit for a Fueling Station on 1.782± Acres of Land Located North of Exchange Parkway and East of Bossy Boots Drive. [RaceTrac — Twin Creeks 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. 3099-8-12: 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 GRANTING SPECIFIC USE PERMIT NO 128 AUTHORIZING THE PROPERTY DESCRIBED AS 1.7821 ACRES SITUATED IN THE JOHN TYKE SURVEY, ABSTRACT NO. 325, CITY OF ALLEN, TEXAS, PRESENTLY ZONED PLANNED DEVELOPMENT NO, 108 FOR MIXED USE, TO BE DEVELOPED AND USED FOR A FUELING STATION; ADOPTING A SITE PLAN, LANDSCAPE PLAN, BUILDING ELEVATIONS, CANOPY ELEVATIONS, AND SIGN PLAN; 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 Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3099-8-12, as previously captioned, for Specific Use Permit No. 128 for a RaceTrac Fueling ALLEN CITY COUNCIL REGULAR MEETING AUGUST 14, 2012 PAGE Station on 1.782± acres of land located north of Exchange Parkway and east of Bossy Boots Drive The motion carried. 19. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning of 0.8556± Acres from Single Family Residential R-5 to a Planned Development for Assisted Living Use Located North of Exchange Parkway and East of Cabernet Drive. ]Alexandria Assisted Living Center] Mayor Terrell announced the City Secretary had accepted and verified written opposition from property owners within 200 feet of the zoning request property and the Community Development Director confirmed that 58.4% of the 200 foot protested area was computed. The Council must have a super majority vote in order to approve the zoning request as required by Section 4.06, Changes and Amendments, of the Allen Land Development Code. Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. Julie Schomack, 1103 Shumard Street, Allen, Texas, spoke in opposition of this item. Sherilyn Kunkel, 9 Cedar Elm Circle, Allen, Texas, spoke in opposition of this item. Karen Stavinoha Perry, 1202 Cabernet Drive, Allen, Texas, spoke in opposition of this item. Beth Boughton, 1315 Wine Creek Court, Allen, Texas, spoke in opposition of this item. Roxana Clemens, 1013 Shumard Street, Allen, Texas, spoke in opposition of this item. Craig Bayyouk, 1325 Grapevine Drive, Allen, Texas, spoke in opposition of this item. Mohammad Rahman, 1208 Vineyard, Allen, Texas, spoke in opposition of this item. Vivian IJomah, 1590 Mahogany Drive, Allen, Texas, spoke in favor of this item. Carl Vaughn, 725 Ridgemont Drive, Allen, Texas, spoke in favor of this item. With no one else speaking, Mayor Terrell closed the public hearing ORDINANCE NO. 3100-8-12: 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 FOR 0.85561 ACRES IN THE JAS T. ROBERTS SURVEY, ABSTRACT NO. 777, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM SINGLE FAMILY RESIDENTIAL "R-5" TO PLANNED DEVELOPMENT "PD" NO. 110 FOR AN ASSISTED LIVING FACILITY USE; ADOPTING A CONCEPT PLAN; ADOPTING A LANDSCAPE PLAN, ADOPTING BUILDING ELEVATIONS; 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 Mayor Pro Tem Caplinger and a second by Councilmember Herald, the Council voted six (6) for and one (1) opposed with Councilmember Kizer casting the negative vote, to adopt Ordinance No. 3100-8-12, as previously captioned, to change the zoning of 0.8556± acres, located north of Exchange Parkway and east of Cabernet Drive, from Single Family Residential R-5 to a Planned Development for Assisted Living Use. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 14, 2012 PAGE 6 20. Conduct a Public Hearing on the Fiscal Year 2012-2013 Budget as Required by Article IV, Section 4.04 of the Allen City Charter. 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 did not speak, but wished to record their opposition to the item: Julie Schornack, 1103 Shumard Street, Allen, Texas. Sherilyn Kunkel, 9 Cedar Elm Circle, Allen, Texas. Roxana Clemens, 1013 Shumard Street, Allen, Texas. With no one else speaking, Mayor Terrell closed the public hearing. Mayor Terrell announced that the City Council will conduct a second public hearing on August 28, 2012 and the City Council will vote on the budget at the September 11, 2012, City Council meeting at 7:00 p.m. at Allen City Hall, 305 Century Parkway, Allen, Texas. 21. Conduct a Public Hearing Regarding the Fiscal Year 2012-2013 City Tax Rate. 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 did not speak, but wished to record their opposition to the item: Julie Schomack, 1103 Shumard Street, Allen, Texas. Sherilyn Kunkel, 9 Cedar Elm Circle, Allen, Texas, Roxana Clemens, 1013 Shumard Street, Allen, Texas. With no one else speaking, Mayor Terrell closed the public hearing. 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 set the City Council meeting date of September 11, 2012, at 7:00 p.m. at Allen City Hall, 305 Century Parkway, Allen, Texas, to vote on the proposed tax rate of 55.3 cents per $100 of the certified appraised value for the Fiscal Year 2012-2013 budget. The motion carried. 22. Calendar. • August 17-19 — City Council Budget Workshop, Tanglewood Hotel • August 28 — Second Public Hearing Regarding the Budget • August 28 — Second Public Hearing Regarding the City Tax Rate 23. Items of Interest. Council wished Councilmember Obermeyer a happy birthday for August 23. • Council wished Darin and Jackie Herald a happy birthday for August 26. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 14, 2012 PAGE 7 IThe Regular Meeting was recessed at 9:24 p m. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 9:30 p.m. on Tuesday, August 14, 2012, to the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to: 24. Personnel Pursuant to Section 551.074 of the Texas Government Code— Discuss Appointment to Fill a Vacancy on the Board of the Allen Economic Development Corporation The Executive Session adjourned at 9 40 p.m. on Tuesday, August 14, 2012. 25. Reconvene and Consider Action on Items Discusses during Executive Session The Allen City Council reconvened into the Regular Meeting at 943 p.m. on Tuesday, August 14, 2012. No action was taken on item discussed during the Executive Session. 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 adjourn the Regular Meeting of the Allen City Council at 9,43 p.m. on Tuesday, August 14, 2012. The motion carried. These minutes approved on the 286 day of August, 2012. ATTEST: Shelley B. George, CITY SECRET Y C "»:141A DI 171 z4a i= -(Po Stephen TerMAYOR