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Home My WebLink AboutMin - City Council - 2013 - 05/14 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 14, 2013 Present: Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Baine Brooks City StatT: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office Enc Ellwangec Assistant to the City Manager Joe Gorfida, City Attornev 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 6:05 p.m. on Tuesday, May 14, 2013, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Introduction Justin Schiffner, Vice Chairperson of the Animal Shelter Advisory Committee • Update on Solid Waste Fund • 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 7.02 p in. on Tuesday, May 14, 2013 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 7:06 p.m. on Tuesday, May 14, 2013, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge ofAllegiaoce Public Recognition Citizens' Comments ALLEN CITY COUNCIL REGULAR MEETING MAY 14, 2013 PAGE 2 1 2. Presentation of Proclamations by the Office of the Mayor: Presentation of a Proclamation to Steve Massey, Director, and Representatives of the Community Services Department Proclaiming May 19-25, 2013, as "Public Works Week." Presentation of a Proclamation to Allison Harper, Animal Control Supervisor, and Representatives of the Animal Control Division Proclaiming May 20-26, 2013, as "Bite Prevention Week." Presentation of a Proclamation to Chief Brian Harvey and Representatives of the Allen Police Department Proclaiming May 12-18, 2013, as "Police Week." 3. Recognition of Reuse -a -Shoe Contest Winners. Grand Prize School Winner Vaughan Elementary, collecting 451 pairs of shoes Class Winner Mrs. Browning's Kindergarten grade class, Kerr Elementary, collecting 87 pairs of shoes Student Winner: Maya Bullock, Ereckson Middle School 7" grader, collecting 525 pairs of shoes 4. Presentation of the Animal Shelter Advisory Committee's Annual Report by Vice Chairperson Justin Schiffner. 5. Annual Report by Greg Roemer, President of Community Waste Disposal, Inc. (CWD) Consent Agenda 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 the items on the Consent Agenda as follows: 6. Approve Minutes of the April 23, 2013, Regular Meeting. 7. Approval of the Recommendations from the Tax Increment Financing Reinvestment Zone Number One (Garden District) Board of Directors Relating to Payments from the TIF Fund in the Amount of $664,971.22 from the City Tax Increment, $137,130.55 from the County Tax Increment, and a Payment to the City in the Amount of $15,000 for Administrative Support. 8. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the United States Department of Justice to Accept the Bulletproof Vest Partnership Grant, if Awarded. RESOLUTION NO. 3147-5-13(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COON TY, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE FOR BULLETPROOF VESTS, IF AWARDED, AND PROVIDING FOR AN EFFECTIVE DATE. 9. Adopt a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter, or Terminate a Three (3) Year Grant from the United States Department of Justice, Office of Community Oriented Policing Services, to Add Three (3) Sworn Police Officer Positions Dedicated to the School Resource Officer Program, RESOLUTION NO. 3148-5-13(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR ALLEN CITY COUNCIL REGULAR MEETING MAY 14, 2013 PAGE 3 1 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 PROGRAM, IF AWARDED; AND PROVIDING FOR AN EFFECTIVE DATE. 10. Award Bid and Authorize the City Manager to Execute a One -Year Contract with Two (2) Optional, One -Year Renewals for Fertilizer and Chemicals for The Courses at Watters Creek with BWI Companies in the Amount of $42,657.30, John Deere Landscapes in the Amount of $4,819.36 and Winfield Solutions in the Amount of $13,403.90 for a Total Amount Not to Exceed $60,880.56. 11. Award Bid and Authorize the City Manager to Execute a One -Year Contract with Two (2) Optional One -Year Renewals with Bumper to Bumper Auto Services of Allen as the Primary Contracted Vendor for Service and Repair of City Vehicles in the Amount of $120,000.00, The Auto Shop of Plano for Transmission Rebuild and Replacement in the Amount of $15,000.00 and Chrysler Jeep Dodge City of McKinney as the Secondary Contracted Vendor for Service and Repair of City Vehicles in the Amount of $20,000, for a Total Amount Not to Exceed $155,000.00. 12. Authorize the City Manager to Execute a Professional Service Contract with Teague Nall and Perkins, Inc. in the Amount of $369,800 for the Design of Ridgeview Drive, from Alma to Stacy, and Establish an Initial Project Budget in the Amount of $573,943. 13. Authorize the City Manager to Execute an Advance Funding Agreement with The State of Texas Acting by and through the Texas Department of Transportation in the Amount of $3,600,000 for the Exchange Parkway Widening Project and Amend the Project Budget to $4,500,000. 14. Investment Report for the Period Ending March 31, 2013. 15. Financial Report for Period Ending March 31, 2013. The motion carred. Reeular Aeenda 16. Consider all Matters Incident and Related to the Issuance and Sale of "City of Allen, Texas, General Obligation Bonds, Series 2013," Including the Adoption of an Ordinance Authorizing the Issuance of such Bonds for a Total Amount of $5,065,000, which Includes $550,000 for Facility Renovations, $2,715,000 for Roadway Projects, $1,500,000 for Park Related Projects, and $300,000 for Public Art Projects. ORDINANCE NO. 3149-5-13: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE ISSUANCE OF "CITY OF ALLEN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2013"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS, LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO "f HE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A BOND PURCHASE AGREEMENT, AND THE APPROVAL AND ALLEN CITY COUNCIL REGULAR MEETING MAY 14, 2013 PAGE 4 DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Kizer and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3149-5-13, as previously captioned, authorizing the issuance of General Obligation Bonds, Series 2013, in the amount of $5,065,000 and all matters incident and related to the issuance, sale, payment, and delivery of the bonds. The motion carried. 17. Conduct a Public Hearing and Adopt an Ordinance for Specific Use Permit No. 134 for a Fitness and Health Center Use Located at 803 East Main Street, Suite C. [Retrain Fitness] Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time Mark Paxton, 1703 Monaco Drive, Allen, Texas, spoke in support of the item. With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 3150-5-13: 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 134 TO ALLOW A 1,375 SQUARE FOOT PORTION OF THE BUILDING LOCATED ON LOT 1, EAST MAIN PLACE, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 803 E. MAIN STREET, SUITE C, ALLEN, TEXAS), PRESENTLY ZONED PLANNED DEVELOPMENT NO. 5 SHOPPING CENTER `5C," TO BE USED FOR A FITNESS AND HEALTH CENTER USE; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABB,ITY 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. 3150-5-I3, as previously captioned, for Specific Use Permit No. 134 for a fitness and health center located at 803 E. Main Street, Suite C, Allen, Texas, for Retrain Fitness. The motion carried. 18. Conduct a Public Hearing and Adopt an Ordinance for Specific Use Permit No. 133 for Minor Automotive Repair Use Located on Lot 1 and 4, Mark VII Equipment of Texas, Inc. Commonly Known as 811 and 813 S. Greenville Ave. [Waterfalls Carwash & Lube] Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time W ith no one speaking, Mayor Terrell closed the public hearing MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the Council voted six (6) for and one (1) opposed with Councilmember Kizer casting the opposing vote, to table this agenda item to the May 28, 2013, Council meeting. The motion carried ALLEN CITY COUNCIL REGULAR MEETING MAY 14, 2013 PAGE 5 Other Business 19. Calendar. • May 18 - Equipment Rodeo, in recognition of Public Works Week, Municipal Service Center, 9:00 a in. - 12:00 p.m. • May 20, 27 - Summer Sounds Concert Series, Joe Farmer Recreation Center Amphitheater, 7.00 p.m. • May 27 - Memorial Day, City Facilities Closed • May 28 - City Council Reception, City Hall, 6:00 p.m 20. Items of Interest. • Council wished Public and Media Relation Director Teresa Warren a happy birthday. • Starting at noon in the Allen cemetery, there will be a ceremony to honor the veterans buried there And at 4:00 p in. at the Veterans Memorial in Bethany Lakes Park, the revealing of six new memorial bricks will be held. • Council recognized Boy Scouts from Troop 306 in attendance as a requirement for earning their communications merit badge. The regular meeting recessed at 9:02 p.m Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 9 10 p m. on Tuesday, May 14, 2013, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to: 21. Personnel Pursuant to Section 551.074 of the Texas Government Code — Annual Performance Review of the City Manager The Executive Session adjourned at 10:20 p.m. on Tuesday, May 14, 2013. 22. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into the Regular Meeting at 10:23 p.m. on Tuesday, May 14, 2013. The following action was taken on items discussed during Executive Session. MOTION: Upon a motion made by Councilmember Kizer and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to increase the base pay for the City Manager by 3% effective January I, 2013. The motion carried. 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 adjourn the Regular Meeting of the Allen City Council at 1024 p.m. on Tuesday, May 14, 2013. The motion carried ALLEN CITY COUNCIL REGULAR MEETING MAY 14, 2013 r These minutes approved on the 28'" day of May, 2013. F14wK*t9 tS e ey . Geor e, T C, l.' TY SECRETARY I I APPROVED: Stepp Terrell, MAYOR PAGE