Min - City Council - 2011 - 02/22 - RegularALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 22, 2011
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Gary L. Caplinger
Jeff McGregor
City StatT:
Peter H. Vargas, City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney
1 Workshoo Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:17 p.m. on Tuesday. February 22, 2011. in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Introduction of Mardy Brown, Keep Allen Beautiful Board Chairperson
• Presentation of the Proposed Post Retirement Healthcare Funding Trust Program
• Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:48 p.m. on
Tuesday. February 22. 2011
Call to Order and Announce a Ouorum 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 7:01 p.m. on Tuesday, February 22, 2011, in the Council Chambers of the Allen
City Hall, 305 Century Parkway. Allen. Texas.
Pledge of Allegiance
Public Recoenition
1. Citizens' Comments.
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FEBRUARY 22, 2011 PAGE 2
2. Recognition of Purchasing Division for Receipt of the 2010 Achievement of Excellence in
Procurement Award.
3. Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Representatives of the Purchasing Division of the Finance
Department Proclaiming March 2011 as "Purchasing Month."
• Presentation of a Proclamation to Representatives of the Parks and Recreation Department, Parks
and Recreation Board, and Keep Allen Beautiful Board Proclaiming March 5, 2011, as "Arbor
Day."
4. Presentation of Arbor Day Poster Contest Winners by the Keep Allen Beautiful Board.
5th grade winners:
1 st place, Renee Cole from Vaughan Elementary
2nd place, Naira lkram from Norton Elementary
3rd place, Ashleigh Secrest from Vaughan Elementary
4th grade winners:
1st place, Emma Hernandez from Norton Elementary
2nd place, Erin Kang from Norton Elementary
The Regular Meeting was recessed at 7:17 p.m. and immediately reconvened to continue with the following
presentation.
5. Presentation of the Keep Allen Beautiful Board's Annual Report by Chairperson Mardy
Brown.
The Regular Meeting was recessed at 7:25 p.m.
Executive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
7:35 p.m. on Tuesday, February 22, 2011, in the large Engineering Conference Room, 305 Century Parkway,
Allen, Texas, in order to discuss matters pertaining to:
Legal, Section 551.071 - Purpose of Seeking Confidential Legal Advice from the City Attorney on
the Agenda Item Listed Below
15. Authorize the City Manager to Execute an Event License Agreement Between the City of Allen
and Intergalactic Sports Entertainment, LLC to Base an Arena Football League (AFL) Team at
the Allen Event Center.
The Executive Session adjourned at 7:59 p.m. on Tuesday, February 22, 2011.
24. Reconvene and Consider Action on Items Discusses during Executive Session.
The Allen City Council reconvened into the Regular Meeting at 8:00 p.m. on Tuesday. February 22.
2011. No action was taken on items discussed during Executive Session.
l 'l
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FEBRUARY 22, 2011 PAGE 3
Consent Agenda
Mayor Terrell removed the following nem from the Consent Agenda:
15. Authorize the City Manager to Execute an Event License Agreement Between the City of Allen
and Intergalactic Sports Entertainment, LLC to Base an Arena Football League (AFL) Team at
the Allen Event Center.
No action was taken on this item.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councdmember
Herald, the Council voted seven (7) for and none (0) opposed to adopt the remaining items on
the Consent Agenda as follows:
6. Approve Minutes of the February 8, 2011, Regular Meeting.
7. Adopt an Ordinance Amending the Speed Regulations Table in Chapter 9 of the Code of
Ordinances Replacing "Allen Station Parkway" with "Andrews Parkway'.
ORDINANCE NO. 2989.2.11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS. AMENDING THE CODE OF ORDINANCES, BY
AMENDING THE TABLE IN CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC." ARTICLE V.
"OPERATION OF VEHICLES." DIVISION 2, "SPEED REGULATIONS,- SECTION 9-135(A).
TO AMEND THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR ANDREWS PARKWAY AND
ALLEN STATION PARKWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN;
PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
8. Adopt a Resolution Ordering the May 14, 2011, General Election and Authorizing the City
Manager to Enter into a Contract with the Elections Administrator of Collin County to Provide
Joint Election Services with the Allen Independent School District.
RESOLUTION NO. 2990-2-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS. ORDERING A JOINT ELECTION TO BE HELD ON
MAY 14, 2011, FOR THE PURPOSE OF ELECTING THE MAYOR AND CITY
COUNCILMEMBER FOR PLACE NO 2: DESIGNATING LOCATION OF POLLING PLACE;
ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN
CONNECTION WITH SUCH ELECTION: AUTHORIZING EXECUTION OF JOINT ELECTION
AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE.
9. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or
Terminate the Second Year of a Three Year Grant From the State of Texas. Office of the
Governor, Criminal Justice Division to Fund a Family Violence Investigation and Prevention
Officer.
RESOLUTION NO. 2991-2-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN. COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR
TERMINATE GRANT # 2350202 A GRANT FROM THE STATE OF TEXAS, OFFICE OF THE
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MEETING
FEBRUARY 22, 2011 PAGE 4
GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A FAMILY
VIOLENCE INVESTIGATION AND PREVENTION OFFICER, IF AWARDED; AND
PROVIDING FOR AN EFFECTIVE DATE
10.
Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or
Terminate the Third Year of a Three -Year Grant From the State of Texas, Office of the
Governor, Criminal Justice Division to Continue to Fund a Second Child Abuse Investigator.
RESOLUTION NO. 2992.2-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR
TERMINATE GRANT #2153503 FROM THE STATE OF TEXAS. OFFICE OF THE
GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A CHILD ABUSE
INVESTIGATOR POSITION TO BE ASSIGNED TO THE COLLIN COUNTY CHILD ABUSE
TASK FORCE, IF AWARDED; AND PROVIDING FOR AN EFFECTIVE DATE.
11.
Adopt a Resolution Approving the Terms and Conditions of the Local Project Advance
Funding Agreement (LPAFA) with the State of Texas Acting By and Through the Texas
Department of Transportation for Funding Stacy Road Right of Way Acquisition.
RESOLUTION NO. 2993-2-11(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 THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION
FOR FUNDING STACY ROAD RIGHT OF WAY ACQUISITION; AND PROVIDING AN
EFFECTIVE DATE.
12.
Adopt a Resolution in Support of Congruent Congressional, Legislative, and State Board of
Education Districts that Fairly Represent All of Collin County.
RESOLUTION NO. 2994-2-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING REDISTRICTING EFFORTS OF THE
TEXAS LEGISLATURE RELATED TO THE 2010 CENSUS WHICH RESULTS IN
CONGRUENT CONGRESSIONAL. LEGISLATIVE, AND STATE BOARD OF EDUCATION
DISTRICTS FOR ALL OF COLLIN COUNTY AND PROVIDING AN EFFECTIVE DATE.
13.
Authorize the City Manager to Purchase Two Tractor Loader Backhoes Through the Houston -
Galveston Area Council of Governments Cooperative Purchasing Program for an Amount Not
to Exceed $154,000.
14.
Award a Bid and Authorize the City Manager to Approve the Purchase of Golf Cart Batteries
from Battery Consulting for Chase Oaks Golf Course for an Amount Not to Exceed $54,180.
16.
Receive the Quarterly Investment Report for the Period Ending December 31, 2010.
17.
Receive the Quarterly Financial Report for the Period Ending December 31, 2010.
18.
Receive the Summary of Property Tax Collections as of January 2011.
19.
Receive the Capital Improvement Program (CIP) Status Reports.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 22, 2011
IThe motion carried.
PAGE 5
20. Conduct a Public Hearing and Adopt an Ordinance for a Specific Use Permit SUP for Beer and
Wine Package Sales with Greater than 50% Revenue from Beer and Wine, Located in 722
Square Feet of space, in The Village at Allen, 190 E Stacy Road, Building 400, Suite 405. (SUP -
1/5/11 -97) [To-Lo's Beer & Wine]
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. 2995.2-11: 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
SPECIFIC USE PERMIT NO. 117 FOR BEER AND WINE PACKAGE SALES WITH GREATER
THAN 50%r REVENUE FROM BEER AND WINE FOR A 722 SQUARE FOOT PORTION OF A
BUILDING LOCATED ON LOT 7A-1, BLOCK A OF THE REPLAT OF LOTS 1-7, BLOCK A
AND LOTS 1 & 2, BLOCK B, THE VILLAGE AT ALLEN, CITY OF ALLEN. TEXAS (ALSO
KNOWN AS 190 E. STACY ROAD, BUILDING 400, SUITE 405) PRESENTLY ZONED
PLANNED DEVELOPMENT PD 73 SHOPPING CENTER (SC): PROVIDING FOR SPECIAL
CONDITIONS. ADOPTING A FLOOR PLAN, 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 Councilmember Sedlacek and a second by Councilmember
Caplinger. the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2995-2-11, as previously captioned, adopting Specific Use Permit No. 117 for Beer and
Wine Package Sales with greater than 50% Revenue from Beer and Wine, for To-Lo's Beer
& Wine, located in 722 square feet of space, in the Village at Allen, 190 E Stacy Road,
Building 400, Suite 405 The motion carried
Other Business
21. Calendar.
• March 5 —Arbor Day Celebration. Allen Public Library, 9 a.m. — 1 p in.
• March 8 — Regular City Council Meeting Canceled. Next City Council Meeting is March 22
22. Items of Interest.
• Council recognized a Boy Scout from Troop 714 in attendance as a requirement for the
Communications Merit Badge.
•
The 2"d Annual Fire and Police Benefit Hockey Game will be held on February 26 at 5 p in
benefitting Special Olympics and the Public Safety Recovery Fund
• Sam Bass Day is February 26 at the Heritage Center
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FEBRUARY 22, 2011
PAGE 6
i• The Allen Eiwanis will host the Circus in Allen on March 25-27 at its new location on Century
Parkway.
• Council wished a happy birthday to Councilmember Herald's daughter, Sara, and son, Andy.
Executive Session
The Executive Session was not held for the following item:
23. Pursuant to Personnel, Section 551.074 of the Texas Government Code —
Annual Performance Review of the City Manager
24. Reconvene and Consider Action on Items Discusses during Executive Session
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor.
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 8 12 p.m. on Tuesday. February 22. 2011. The motion carried.
These minutes approved on the 22otl day of March, 2011
APPROVED:
Step Terre
ATTEST:
She ey B. George,C,417Y SECRETAR