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Home My WebLink AboutMin - City Council - 2015 - 01/13 - RegularALLEN CITY COUNCIL REGULAR MEETING JANUARY 13, 2015 Present: Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joev Herald Robin L. Sedlacek Bame Brooks City 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 6:15 p in. on Tuesday, January 13, 2015, in the Council Conference Room of the Allen City Hall, 305 Century Parkwav, Allen, Texas. • Overview of Revised Agreement with Owners of Watters Creek Shopping Center • Update Regarding Water and Sewer Rate Study, Lower Bois D'Arc Reservoir and Drought Status • 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 7:00 p.m, on Tuesday, January 13, 2015 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 in. on Tuesday, January 13, 2015, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Alien, Texas. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 13, 2015 PAGE 2 1 Public Recoenition Citizens' Comments. • William Cook, 1701 Park Central Drive #1713, McKinney, Texas, addressed the Council regarding the need for natural trail construction in Allen • Nancy Madson, 1002 Hawthorne Drive, Allen. Texas, addressed the Council regarding the need to honor the Allen Police Department. Consent Ammda The following item was removed from the Consent Agenda at the request of Mayor Terrell 6. Authorize the City Manager to Execute an Amended Sign Agreement with The Village at Allen LP and The Village at Fairview LP for the Joint Use of a Digital Marquee. MOTION: Upon a motion made by Councilmember Brooks and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adopt all remaining items on the Consent Agenda as follows: Approve Minutes of the December 9, 2014, Regular Meeting. 3. Adopt an Ordinance Approving and Enacting Supplement No. 11 to the Allen Land Development Code. ORDINANCE NO. 3269-1-15: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 11 TO THE ALLEN LAND DEVELOPMENT CODE; PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY; PROVIDING A REPEAL OF CERTAIN ORDINANCES, PROVIDING EXCEPTIONS TO REPEAL, PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE. 4. Adopt an Ordinance Approving and Enacting Supplement No. 11 to the Code of Ordinances. ORDINANCE NO. 3270-1-15: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. I I TO THE CODE OF ORDINANCES, PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY, PROVIDING A REPEAL OF CERTAIN ORDINANCES, PROVIDING EXCEPTIONS TO REPEAL, PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE 5. Adopt a Resolution Approving the Terms and Conditions of a Local Project Advance Funding Agreement (LPAFA) with The State of Texas Acting by and through The Texas Department of Transportation for Funding Stacy Road Improvements. RESOLUTION NO. 3271-1-15(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 T14ROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION ALLEN CITY COUNCIL REGULAR MEETING JANUARY 13, 2015 PAGE 1 FOR FUNDING STACY ROAD IMPROVEMENTS, AND PROVIDING AN EFFECTIVE DATE. 7. Authorize the City Manager to Execute an Agreement with Graybar to Upgrade the UPS Battery Back -Up System in the City Hall Data Center for an Amount Not to Exceed $55,066.77. 8. Authorize the City Manager to Execute a Four (4) Year Lease Agreement with CSI Leasing, Inc., for Computer Equipment with a Total Principal and Interest Amount Not to Exceed $85,920. 9. Award Bid and Authorize the City Manager to Execute an Annual Agreement for Thermoplastic and Raised Pavement Markings with Action Services for an Amount Not to Exceed $200,000. 10. Receive the Summary of Property Tax Collections as of November 2014. The motion carried Authorize the City Manager to Execute an Amended Sign Agreement with The Village at Allen LP and The Village at Fairview LP for the Joint Use of a Digital Marquee. Mayor Terrell noted that the Assignment clause of the Agreement had been updated to reflect the current Company name 1 MOTION: Upon a motion made by Councilmember Herald and a second by Councdmember Obermeyer, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to Execute an Amended Sign Agreement with The Village at Allen LP and The Village at Fairview LP for the Joint Use of a Digital Marquee. The motion carried. Regular Agenda it. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code Amending Sec. 4.20.4 Adding "Private Park" as a Use, Amending 7.09 by Amending the Definitions of "Vehicle Signs," and "Electronic Message Board;" and Amending Appendix A by Amending Definition of "Park or Playground (Public)" and Adding Definition of "Private Park.' 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. 3272-1-15: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING SECTION 4.20.4 "SCHEDULE OF PRINCIPAL USES" BY ADDING THE USE "PRIVATE PARK" AND ESTABLISHING THE ZONING DISTRICTS WHERE SUCH USE IS ALLOWED, ALLOWED BY SPECIFIC USE PERMIT, AND PROHIBITED, AMENDING SECTION 7.09.2 "SIGN DEFINITIONS" BY AMENDING THE DEFINITION OF THE PHRASES "VEHICLE SIGNS" AND "ELECTRONIC MESSAGE BOARD;" AND AMENDING APPENDIX A "DEFINITIONS' BY AMENDING THE DEFINITION OF "PARK OR PLAYGROUND (PUBLIC)" AND ADDING THE DEFINITION OF ALLEN CITY COUNCIL REGULAR MEETING JANUARY 13, 2015 PAGE 4 1 "PRIVATE PARK,' PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Caplinger and a second by Counedmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3272-1-15, as previously captioned, amending the Allen Land Development Code as proposed The motion carried. 12. Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning to Community Facility "CF" for Public Park Use for Properties Zoned Planned Development No. 72 for Residential "R-5" Use, Planned Development No. 98 for Residential "R-4" Use, Planned Development No. 109 for Residential "R-5" Use, Planned Development No. 58 for Shopping Center "SC" Use, Planned Development No. 58 for Light Industrial "LI" Use, Planned Development No. 63 for Commercial Corridor "CC" Use, and Planned Development No. 63 for Multi -Family "MF" Use, Light Industrial "LI" Use, and Garden Office "GO" Use, Planned Development No. 54 for Garden Office "GO" Use and Agricultural and Open Space "AO" Use Known as Watters Branch Community Park, Rowlett Creek Park, Allen Historic Dam, Custer- Ridgeview Park, Bolin Park and Molsen Farms. 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. 3273-1-15: 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 CITY -OWNED PROPERTY COMMONLY KNOWN AS ALLEN HISTORIC DAM, BOLIN PARK, CUSTER-RIDGEVIEW PARK, MOLSEN FARMS, ROWLETT CREEK PARK, AND WATTERS BRANCH PARK, MORE PARTICULARLY DESCRIBED IN SECTION ONE, HEREOF, FROM PLANNED DEVELOPMENT NO. 58 FOR SHOPPING CENTER "SC" USE, PLANNED DEVELOPMENT NO 54 FOR GARDEN OFFICE "GO" USE, PLANNED DEVELOPMENT NO 63 FOR COMMERCIAL CORRIDOR "CC" USE, AND PLANNED DEVELOPMENT NO. 63 FOR MULTI -FAMILY "MF" USE, LIGHT INDUSTRIAL "LI" AND GARDEN OFFICE "GO", AGRICULTURAL AND OPEN SPACE "AO", PLANNED DEVELOPMENT NO. 98 FOR RESIDENTIAL "R-4" USE, AND PLANNED DEVELOPMENT NO. 109 FOR RESIDENTIAL "11-5" USE, AGRICULTURAL AND OPEN SPACE "AO" AND PLANNED DEVELOPMENT NO 72 FOR RESIDENTIAL "R-5" USE, RESPECTIVELY, TO COMMUNITY FACILITY "CF" FOR PUBLIC PARK USE; 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 a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No 3'_'73-1- 15, as previously captioned, to change the zoning of various park facilities to Community Facility "CF" for Public Park use. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 13, 2015 PAGE 5 13. Conduct a Public Hearing and Adopt an Ordinance to Create Planned Development No. 119, for Single Family Residential R-6 Uses, and Approve a Concept Plan, Building Elevations and Development Regulations for Lot 1, Block A, Fellowship Christian Center Church Addition, Generally Located Northeast of Malone Road and Lake Travis Drive. [Malone Meadows[ 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 to the request. Greg Myers, 1613 Lake Travis Drive, Allen, Texas; Asghar Afgham, 503 S. Malone Road, Allen, Texas; Bron Davies, 1627 Lake Travis Drive, Allen, Texas, Steve Sterling, 8 Highpoint Drive, Allen, Texas; ET Boon, 1 I Highpoint Drive, Allen, Texas; Gayle Boon, I I Highpoint Drive, Allen, Texas, Eric Ruiz, 1608 Balboa Lane, Allen, Texas, Eric Free, The Orchards HOA President, 1627 Balboa Lane, Allen, Texas, Marietta Sterling, 8 Highpoint Drive, Allen, Texas, Bill Beaty, 405 S. Malone Road, Allen, Texas; and, Stacy Davies, 1627 Lake Travis Dnve, Allen, Texas. The following individuals spoke in support of the request: W L. Stafford, Sr., property owner, 2144 Estes Park Court, Allen, Texas, and Shane Jordan, proponent, 16475 Dallas Parkway, Suite 540, Addison, Texas. Mayor Terrell closed the public hearing. MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the Council voted seven (7) for and none (0) opposed to reopen and continue the Public Hearing to the February 10, 2015, Regular Citv Council Meeting. The motion carried. Other Business 14. Calendar. • January 17, 2015 — City Council Strategic Planning Session, Hilton Garden Inn 15. Items of Interest. [Council announcements regarding local civic and charitable events, meetings fundraisers, and awards • Council wished happy birthday to Tim Dentler, Director of Parks and Recreation. Executive Session The Executive Session was not held L ALLEN CITY COUNCIL REGULAR MEETING JANUARY 13, 2015 E PAGE 6 MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 9 16 p in on Tuesday, January 13, 2015. The motion earned. These minutes approved on the 27' day of January 2015 ATTEST: Shelley B. Geo, TRMC CITY S RETARY F P- APPROVED: Stephen Terrell, MAYOR