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Min - City Council - 2016 - 11/08 - RegularALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 8, 2016 Present: Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Baine 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 (absent) Rebecca Vice, Assistant to the City Manager Pete Smith, City Attorney Kathleen Vaught, Interactive Media Manager 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 6:30 p.m. on Tuesday, November 8, 2016, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Update Regarding the new Parks and Recreation Guide • 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 6:59 p.m. on Tuesday, November 8, 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 7:05 p.m. on Tuesday, November 8, 2016, in the Council Chambers of the Allen City ' Hall, 305 Century Parkway, Allen, Texas. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 8, 2016 PAGE 2 ' Pl�e of Allegiance Members of Cub Smut Pack 870 posted the colors and lead the Pledge of Allegiance. Public Recognition 1. Citizen's Comments. The following individuals spoke in opposition to the proposed routes in Allen for the Proposed Kittyhawk Transmission Line and Substation Project: Bill Wines, 705 Sky Hawk, Allen, Texas; Monte Burke, 2281 Sussex Lane, Allen, Texas; Mark Vails, 2294 Middle Town Court, Allen, Texas; and Robert Ray, 5223 Beckington Lane, Allen, Dallas, Texas. 2. Presentation of Proclamations by the Office of the Mayor. • Presentation of a Proclamation to Representatives Collin County Homeless Coalition Proclaiming November 12-20,2016, as "Hunger and Homeless Awareness Week." • Presentation of a Proclamation to Municipal Court Judge Linda Hopper Proclaiming November 7- I1, 2016, as Municipal Court Week. ' 3. Recognition of the Accounting Division for the Receipt of the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting Award for the Fiscal Year Ending September 30, 2015. 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 all items on the Consent Agenda as follows: 4. Approve Minutes of the October 25, 2016, Regular City Council Meeting. 5. Authorize the City Manager to Amend the Contract with KT Contracting- Concrete Series, LLC, for the Annual On -Call Concrete Repair and Trail Maintenance Programs for an Estimated Annual Amount of $750,000. 6. Authorize the City Manager to Purchase Three (3) Chevy Tahoe Vehicle Replacements for the Allen Police Department from Reliable Chevrolet through the Interlocal Cooperative Purchasing Agreement with Tarrant County for an Amount of $99,738. 7. Authorize the City Manager to Approve Annual Beverage Purchases through FinTech.net for Parks and Recreation Purchases Used for Retail Sale at Allen Event Center and The Courses at Walters Creek for an Amount of $238,600. ' S. Authorize the City Manager to Approve Annual Food and Beverage Purchases from Ben E. Keith for Parks and Recreation Purchases Used for Retail Sale at Allen Event Center and The Courses at Watters Creek for an Amount of $280,000. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 8, 2016 PAGE 3 ' 9. Authorize the City Manager to Execute a Three -Year Contract with an Option to Renew for Two Additional Years with Weaver and Tidwell, L.L.P. for Professional Auditing Services. 10. Authorize the City Manager to Execute an Arena License Agreement with the Championship Sports Group, Inc., Doing Business as Texas Revolution, a Texas Limited Liability Company, to Base a Professional Championship Indoor Football League (CEM) Team at the Allen Event Center. 11. Authorize the City Manager to Purchase of Nineteen (19) New Cisco Switches from CDW-G through an Interlocal Agreement with the State of Texas Department of Information Resources ("DIR") for the Amount of $69,499.34. 12. Receive the Investment Report for the Period Ending September 30, 2016. The motion carried. 13. Conduct a Public Hearing and Adopt an Ordinance to Establish Planned Development No. 125 and Adopt Development Regulations, a Concept Plan, and Building Elevations, for Lot 1, Block A, Allen High School Addition, and a 6.248+/- Acre Portion of Land Situated in the Peter Weisel Survey, Abstract No. 990, Generally Located North of Main Street and East of Jupiter Road. '[Community Facilities - Lowery Freshman Center Redevelopment] 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. 3433-11-16: 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 A CHANGE IN ZONING FROM COMMUNITY FACILITIES "CF" AND PLANNED DEVELOPMENT "PD" NO. 6 SHOPPING CENTER "SC" TO PLANNED DEVELOPMENT "PD" NO. 125 FOR A 39.74323 ACRE TRACT OF LAND DESCRIBED IN EXHIBIT "A" HERETO CONSISTING OF A 4.278+ ACRE AND A 1.970± ACRE TRACT OF LAND OUT OF THE PETER WETSEL SURVEY, ABSTRACT NO. 990, AND LOT 1, BLOCK A, ALLEN HIGH SCHOOL ADDITION; ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, AND BUILDING ELEVATIONS; 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 Herald and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed, adopt Ordinance No. 3433-I1-16, as ' previously captioned, to establish Planned Development No. 125 and adopt Development Regulations, a Concept Plan, and Building Elevations, for Lot 1, Block A, Allen High School Addition, and a 6.248+/- acre portion of land situated in the Peter Wetsel Survey, Abstract No. 990, for the Lowery Freshman Center with the addition of an option for an eight foot screening ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 8, 2016 PAGE ' wall of masonry materials or wrought iron fencing with masonry columns with the approval of the Community Development Director. The motion carried. 14. Conduct a Public Hearing and Adopt an Ordinance Amending the Development Regulations for Planned Development No. 54 and Adopt a Concept Plan, Landscape Plan, and Building Elevations for a 2387± Acre Tract of Land Generally Located Northeast of Walmart Supercenter, South of Curtis Lane and West of US Highway 75. [Corridor Commercial -Tru by Hilton Hotels] Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. Bobby Patel, 1408 Luckenback Drive, Allen, Texas, did not speak but wished to record his support of the item. With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 3434-11-16: 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 AND ADOPTING A CONCEPT PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS FOR LOT 2, BLOCK A, WAL-MART SUPERCENTER, LOCATED IN NO ' SUBJECT TO THE REGULATIONS OF TRACT ONE OF PLANNED DEVELOPMENT NO. 54 CORRIDOR COMMERICAL "CC; 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 Mayor Pro Tem Caplinger, the Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 3434-11-16, as previously captioned, amending the Development Regulations for Planned Development No. 54 and adopt a Concept Plan, Landscape Plan, and Building Elevations for a 2.387± acre tract of land generally located northeast of Walmart Supercenter for Tru by Hilton Hotels. The motion carried. 15. Conduct a Public Hearing and Adopt an Ordinance Amending Planned Development No. 73 to Change the Base Zoning from Shopping Center to Single -Family Residential R-7, and Adopt a Concept Plan, Building Elevations, and Development Regulations, Relating to a 19.4817+/- Acre Portion of Lot 2A, Block B, The Village at Allen. [St. Andrews Park - Single -Family Residential] 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 item: Kristi Watson, 1517 Bethlehem Road, Allen, Texas; ' Jan Bergesen, 1509 Bethlehem Road, Allen, Texas; Kim Kennedy, 1515 Bethlehem Road, Allen, Texas; and Christopher Watson, 1517 Bethlehem Road, Allen, Texas. ALLEN CITY COUNCH, REGULAR MEETING NOVEMBER 8, 2016 PAGE 5 ' Ed Bowers, 403 St. Andrew Drive, Allen, Texas did not speak but wished to record his opposition to the item. With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 3435-11-16: 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 A 19.4817f ACRE TRACT OF LAND OUT OF THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026 AND A PORTION OF LOT 2A, BLOCK B, THE VILLAGE AT ALLEN DESCRIBED IN EXHIBIT "A" HERETO AND PRESENTLY ZONED PLANNED DEVELOPMENT "PD" NO. 73 FOR SHOPPING CENTER `5C" BY CHANGING THE BASE ZONING TO SINGLE-FAMILY RESIDENTIAL "R-7" AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, OPEN SPACE EXHIBIT, 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 Councilmember Brooks, the Council voted six (6) for and one (I) opposed, with Councilmember Herald casting the opposing vote, to adopt Ordinance No. 3435-11-16, as previously captioned, amending Planned ' Development No. 73 to change the base zoning from Shopping Center to Single -Family Residential R-7, and adopt a Revised Concept Plan eliminating the tout access on the southern property boundary, Building Elevations, and Development Regulations, relating, to a 19.4817+/- acre portion of Lot 2A, Block B, The Village at Allen, for St. Andrews Park. The motion carried. 16. Consider all Matters Incident and Related to the Issuance and Sale of "Allen Economic Development Corporation Sales Tax Revenue Refunding Bonds, Series 2017A," Including the Adoption of a Resolution Approving the Resolution of the Corporation Authorizing the Issuance of Such Bonds. RESOLUTION NO. 3436-11-16(R): A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, RELATING TO THE "ALLEN ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE REFUNDING BONDS, SERIES 2017A," 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 APPROVING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed, adopt Resolution No. 3436-11-16(R), as previously captioned, approving the resolution of the Allen Economic Development Corporation providing for the issuance of its Sales Tax Revenue Refunding Bonds, Series ' 2017A and resolving other matters incident and related to the issuance of such bonds. The motion carded. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 8, 2016 PAGE ' 17. Consider all Matters Incident and Related to the Issuance and Sale of "Allen Economic Development Corporation Sales Tax Revenue Bonds, Taxable Series 201711", 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. 3437-11-16(R): A RESOLUTION RELATING TO THE "ALLEN ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS, TAXABLE SERIES 201713" APPROVING THE RESOLUTION OF THE ALLEN ECONOMIC DEVELOPMENT 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 Obertneyer and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed, adopt Resolution No. 3427-11-16(R), as previously captioned, approving the resolution of the Allen Economic Development Corporation providing for the issuance of its Sales Tax Revenue Bonds, Taxable Series 2017B and resolving other matters incident and related to the issuance of such Bonds. The motion carried. Other Business 18. Calendar. ' • November 12 -Ribbon Cutting Ceremony - Allen Fire Station No. 2 @ 9:30 a.m. 19. Items of Interest. • Council wished happy birthday to Councilmember Brooks. • Allen Eagles Football starting first round playoff game at home, Friday -November 11. Executive Session The Executive Session was not held. Adjournment 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 adjourn the Regular Meeting of the Allen City Council at 9:42 p.m. on Tuesday, November 8, 2016. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 8, 2016 PAGE 7 ' These minutes approved on the 22" day of November 2016. APPROVED: 42 Stephen Terrell, MAYOR ATTEST: Shelley B. Ckgrke, C, CITY SIWRETARY