Min - City Council - 2016 - 11/22 - Regular1
Present
Stephen Terrell, Mayor
Councilmembers:
Gary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Baine Brooks
city Staff:
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 22, 2016
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager (absent)
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 6:30 p.m. on Tuesday, November 22, 2016, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
Taping of the Christmas Message.
The Workshop Session recessed at 6:31 p.m.
Executive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
6:32 p.m. on Tuesday, November 22, 2016, in the Council Conference Room, 305 Century Parkway, Allen,
Texas, in order to discuss matters pertaining to:
4. Personnel Pursuant to Section 551.074 of the Texas Government Code — Discuss Appointment
of Municipal Court Judge.
' The Executive Session adjourned at 6:46 p.m. on Tuesday, November 22, 2016.
Reconvene and Consider Action on Items Discussed During Executive Session.
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' No action was taken on items discussed during the Executive Session.
Committee Updates from City Council Liaisons.
3. 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 22, 2016.
Call to Order and Announce a Ottoman 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 7:03 p.m. on Tuesday, November 22, 2016, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Allegiance
Members of Boy Scout Troop 1299 posted the colors and lead the Pledge of Allegiance.
Public Recoenition
' Mayor Terrell moved to Agenda Item 2.
2. Presentation of Proclamations by the Office of the Mayor.
• Presentation of a Proclamation to Allen Area Small Business Owners Proclaiming November 26,
2016, as "Small Business Saturday."
Citizen's Comments.
Consent Agenda
MOTION: Upon a motion made by Councilmember Brooks and a second by Councilmember Sedlacek,
the Council voted seven (7) for and none (0) opposed to adopt all items on the Consent Agenda
as follows:
3. Approve Minutes of the November 8, 2016, Regular City Council Meeting.
4. Adopt a Resolution Authorizing the City Manager to Execute the Release of a Temporary Street,
Drainage, Water Line, and Sanitary Sewer Easement Located in The Village of Twin Creeks
Phase Two.
RESOLUTION NO. 3438-11-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING RELEASE OF RELEASE OF TEMPORARY
' STREET, DRAINAGE, WATER LINE AND SANITARY SEWER EASEMENT, AND PROVIDING
AN EFFECTIVE DATE.
5. Authorize the City Manager to Approve Purchases from Acushnet Golf for Retail Sales at The
Courses at Watters Creek in an Estimated Annual Amount of $60,000.
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NOVEMBER 22, 2016
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' 6. Authorize the City Manager to Extend the First Amended and Restated Professional Services
Agreement with Cynthia Porter Gore as Alternate Municipal Court Judge through January 31,
2016.
7. Motion to Cancel the December 27, 2016, City Council Meeting.
S. Receive the Capital Improvement Program (CIP) Status Reports.
9. Receive the Summary of Property Tax Collections as of October 2016.
The motion carried.
Regular Agenda
10. Conduct a Public Hearing and Consider a Resolution Adopting the 2015-2016 Comprehensive
Annual Performance Evaluation Report (CAPER) 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.
With no one speaking, Mayor Terrell closed the public hearing.
RESOLUTION NO. 3439-11-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2015-2016 COMPREHENSIVE
ANNUAL PERFORMANCE EVALUATION REPORT (CAPER); 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 Herald and a second by Councilmember Obenneyer,
the Council voted seven (7) for and none (0) opposed, to adopt Resolution No. 3439-11-16(R),
as previously captioned, approving the 2015-2016 Comprehensive Annual Performance
Evaluation Report for the Community Development Block Grant program and authorizing
submission to the U.S. Department of Housing and Urban Development. The motion carried.
Councilmember Obermeyer Sled an Affidavit of Conflict of Interest with the City Secretary for Agenda Item
No. 11 and recused himself from the Council dais.
11. Conduct a Public Hearing and Adopt an Ordinance Amending the Development Regulations of
District E of Planned Development No. 108 and Adopt a Concept Plan and Building Elevations
Relating to the Use and Development of a 9.661+/- Acre Portion of Land Generally Located South
of Allen Drive and West of US Highway 75. [Pinstack- Entertainment Center
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.
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NOVEMBER 22, 2016
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tORDINANCE NO. 3440-I1-16: 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, ADOPTING A CONCEPT PLAN, BUILDING ELEVATIONS, AND A SIGN
PLAN RELATING TO THE USE AND DEVELOPMENT OF A 9.661± ACRE PORTION OF
TRACT I -R-1, BLOCK F, BRAY CENTRAL ONE ADDITION, DESCRIBED IN EXHIBIT "A"
HERETO, WHICH PROPERTY IS LOCATED IN AND SUBJECT TO THE REGULATIONS OF
PLANNED DEVELOPMENT `PD" NO. 108 MIXED USE "MIX"; 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 none (0) opposed, to adopt Ordinance No. 3440-11-16, as
previously captioned, amending the development regulations of District E of Planned
Development No. 108 and adopt a Concept Plan and Building Elevations for Entertainment
District E — Pinstack. The motion carried.
Councilmember Obertneyer returned to his seat at the Council dais.
12. Conduct a Public Hearing and Adopt an Ordinance Approving Specific Use Permit No. 150 for
' a Minor Automotive Repair Use for Lot 12, Block A, Greenville Center Addition, Generally
Located South of Stacy Road and West of Greenville Avenue. [Brakes Plus - Sales and Services]
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. 3441-11-16: 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 GRANTING SPECIFIC USE PERMIT
NO. 150 FOR A MINOR AUTOMOTIVE REPAIR USE FOR LOT 12, BLOCK A, GREENVILLE
CENTER ADDITION (ALSO KNOWN AS 1711 N. GREENVILLE AVENUE) PRESENTLY
ZONED SHOPPING CENTER `5C"; ADOPTING A SITE PLAN, LANDSCAPE PLAN, 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 Obermeyer and a second by Councilmember Herald,
the Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 3441-11-16, as
previously captioned, for Specific Use Permit No. 150 for a Minor Automotive Repair use for
Brakes Plus. The motion carried.
' 13. CONTINUED ITEM- Conduct a Public Hearing and Adopt an Ordinance Amending the Zoning
from Single -Family Residential R-3 to a Planned Development for Townhome Residential
District TH, and Adopt a Concept Plan, Open Space Plan, Development Regulations and Building
Elevations; for a 6.245± Acre Tract of Land, Generally Located South of Main Street and East
ALLEN CITY COUNCIL
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NOVEMBER 22, 2016
PAGES
' of Greenville Avenue. [Ashwood Creek Place - Townhome Development] This Item is continued
from the October 25, 2016, City CouncH Meeting.
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 remove agenda item 13 from the table.
The motion carried.
Mayor Terrell continued 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:
Linda Robinson, 414 Ellis, Allen, Texas;
Heath O'Brien, 536 Cedar Elm, Allen, Texas;
Craig Kunkel, #9 Cedar Elm Cucle, Allen, Texas;
Sandra Duncan, 303 South Cedar, Allen, Texas; and,
Julie Schomack, 1103 Shumard, Allen, Texas.
The following individuals did not wish to speak, but wished to record their support to the item:
William Edwards, 6060 North Central #500, Dallas, Texas;
Gary Nail, 6401 Steward Blvd., The Colony, Texas; and,
Vinaya Reddy, 706 South Jupiter Road, Apt. 1507, Allen, Texas.
' The following individuals spoke in opposition of the item:
Kenneth R. O'Brien, 536 Cedar Elm Lane, Allen, Texas;
Sherilyn Kunkel, #9 Cedar Elm Circle, Allen, Texas; and,
Mai EI Moughayar, 410 Allenwood Drive, Allen, Texas.
The following individuals spoke in support of the item:
Jaipal Dasari, 327 S. Jupiter Road, Apt. 1121, Allen, Texas; and,
Mahipal Dasari, 315 North Greenville, #414, Allen, Texas.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3442-11-16: 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 6.245± ACRE TRACT OF LAND IN THE HENRY WETSEL SURVEY,
ABSTRACT NO. 977, PRESENTLY ZONED AS "R-3" SINGLE-FAMILY RESIDENTIAL BY
CHANGING THE ZONING TO CREATE "PD" PLANNED DEVELOPMENT NO. 123 WITH A
BASE ZONING OF "TH" TOWNHOME RESIDENTIAL DISTRICT AND ADOPTING
DEVELOPMENT REGULATIONS, A CONCEPT PLAN, OPEN SPACE PLAN, 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 Herald and a second by Councilmember Kizer, the
Council voted four (4) for and three (3) opposed, with Mayor Terrell, Mayor Pro Tem
Caplinger, and Councilmember Brooks casting the negative votes, to adopt Ordinance No.
3442-I1-16, as previously captioned, amending the zoning from Single -Family Residential R-
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' 3 to Planned Development No. 123 for Townhome Residential District, and adopt a Concept
Plan, Open Space Plan, Development Regulations, with Building Elevations and screening
walls to be approved the Community Development Director; for a 6.245± acre tract of land,
generally located south of Main Street and east of Greenville Avenue. [Ashwood Creek Place
- Townhome Development]. The motion carried.
Other Business
14. Calendar.
• November 24-25 - City Facilities Closed in Observance of Thanksgiving Holiday
• December 2 - Christmas Tree Lighting, Allen Civic Plaza, 6:00 p.m.
• December 3 - Rudolph Ron, Downtown Allen, 8 a.m.
• December 4 - Annual Rotary Christmas Parade, Downtown Allen, 2 p.m.
15. Items of Interest.
• The Kiwanis Pancake Breakfast with Santa will be held on Saturday, December 3 at the First
Baptist Church in Allen at 7 a.m.
• The Nativity Exhibit will be held on December 2 and 3 at the Church of Jesus Christ of Latter
Day Saints on Exchange Parkway in Allen.
' • The Allen Eagles Football playoff game is on Friday, November 25 at 4 p.m. in San Angelo.
• Council recognized Boy Scouts from Troop No. 1299 in attendance as requirement for earning
their Communication, Citizenship in the Community, and Personal Management merit badges.
Executive Session
The Executive Session was not held.
Adjournment
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 9:15 p.m. on Tuesday, November 22, 2016. The motion carried.
These minutes approved on the 13" day of December 2016.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. G TRMC, CITYSECRETARY