Min - City Council - 2011 - 09/27 - RegularALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2011
Present
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer (absent)
Joey Herald
Robin L. Sedlacek
Gary L. Caplinger
City Staff:
Peter H Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney
Workshop Session
The Workshop Session was not held.
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 7:00 p.m. on Tuesday, September 27, 2011, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledge of Alleeiance
Public Recotmition
Citizens' Comments
Presentation of a Proclamation by the Office of the Mayor:
• Presentation of a Proclamation to Representatives of the Association of Persons Affected with
Addiction Proclaiming the Month of September 2011 as "Recovery Month "
���•+++ 3. Presentation of Annual Report by Mr. Emile Carriere, Chair of the Public Art Committee.
Consent Aeenda
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2011 PAGE 2
MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Sedlacek,
the Council voted five (5) for and none (0) opposed to adopt the items on the Consent Agenda
as follows:
4. Approve Minutes of the September 13, 2011, Regular Meeting.
5. Adopt an Ordinance Establishing Credit Card and Debit Card Cost Recovery Fees for
Municipal Court and the Police Department.
ORDINANCE NO. 3031-9-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING SECTION 2-10, AUTHORIZING CREDIT CARD AND DEBIT CARD USE FOR
PAYMENT OF FEES, FINES, COURT COSTS, COLLECTED BY THE CITY, PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
6. Adopt a Resolution Amending the Debt Management and Fund Balance Reserve Policy to
Reflect New Accounting Requirements and Change the Maximum Allocation of Tax Rate for
Debt Service.
RESOLUTION NO. 3132-9-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE DEBT MANAGEMENT AND
FUND BALANCE RESERVE POLICY FOR THE CITY TO REFLECT NEW ACCOUNTING
REQUIREMENTS AND CHANGE THE MAXIMUM ALLOCATION OF TAX RATE FOR DEBT
SERVICE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Adopt a Resolution Nominating Mr. Gary Rodenbaugh for Election to the Board of Directors
for the Central Appraisal District of Collin County and Cast 131 Votes for Said Candidate.
RESOLUTION NO. 3033-9-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, PLACING IN NOMINATION THE NAME OF GARY
RODENBAUGH FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE CENTRAL
APPRAISAL DISTRICT OF COLLIN COUNTY; CASTING BALLOTS FOR THE BOARD OF
DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN
ACCORDANCE WITH SECTION 6.03(g) OF THE STATE PROPERTY TAX CODE: DIRECTING
THE CITY SECRETARY TO NOTIFY INTERESTED PARTIES OF SAID ACTION: AND
PROVIDING AN EFFECTIVE DATE.
S. Motion to Approve Mr. Bill Shaddock as the At -Large Representative to the Arts of Collin
County Commission (ACC) Board of Directors as Recommended by Mayor Terrell with a
Term Expiration of September 30, 2014.
9. Authorize the City Manager to Execute an Agreement between the City of Allen and the Lone
Star Conference to Host the 2013 - 2014 Men's and Women's Conference Championship
Basketball Tournaments at the Allen Event Center.
10. Authorize the City Manager to Execute an Arena Lease Agreement with Top Shelf, LLC.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2011 PAGE 3
11. Authorize the City Manager to Execute a License and Facilities Agreement with Emerson Farm
Company, Ltd Related to Hamilton Hills.
12. Authorize the City Manager to Execute a Public Improvement Deferral Agreement with
Emerson Farm Company, Ltd Related to Hamilton Hills and Connemara Crossing.
13. Authorize the City Manager to Execute a Public Improvement Deferral Agreement with
Emerson Farm Company, Ltd and Montgomery Tree Farms of Texas, GP, LLC Related to
Hamilton Hills and Tree Farm Headquarters Property.
14. Award Bid and Authorize the City Manager to Execute a Contract with Medalist Golf, Inc. for
the Renovation of Chase Oaks Golf Course, for an Amount Not to Exceed $8,168,325.87 and
Approve Deductive Change Order No. 1 in the Amount of ($662,291.56) for a net Contract
Amount of $7,506,034.31, and Establish a Project Budget of $8,168,326 for Construction.
15. Receive the Summary of Property Tax Collections as of August 2011.
16. Receive the Capital Improvement Program (CIP) Status Report.
The motion carried.
17. Conduct a Public Hearing and Adopt an Ordinance Amending the Concept Plan and Planned
Development PD Regulations for 14.466* acres, Cumberland Crossing Phase IV Located West
of Twin Creeks Drive and North of Exchange Parkway.
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. 3034-9-11: 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
AMENDING THE CONCEPT PLAN AND DEVELOPMENT REGULATIONS RELATING TO A
PORTION OF TRACT "A" OF PLANNED DEVELOPMENT NO. 98 (PD -98) ZONED SINGLE
FAMILY RESIDENTIAL `R4"; SAID PROPERTY BEING 14.466* ACRES M THE MARY
STANDIFER SURVEY, ABSTRACT NO. 812, COLLIN COUNTY, TEXAS, AND BEING
FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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 Mayor Pro Tem Stout and a second by Councilmember Caplinger,
the Council voted five (5) for and none (0) opposed to adopt Ordinance No. 3034-9-11, as
previously captioned, amending the Concept Plan, and Planned Development PD Regulations
for Cumberland Crossing Phase IV The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2011 PAGE 4
18. Conduct a Public Hearing and Adopt an Ordinance Amending the Development Regulations
and Elevations for Lots 125-130, Block A in the Villas at Twin Creeks Phase 1, Located North of
McDermott Drive and West of Benton Drive.
19. Conduct a Public Hearing and Adopt an Ordinance Amending the Concept Plan, Development
Regulations and Elevations for Lots 1-22, Block C, Lots 15-21, Block D, Lots 7-18, Block E in
the Villas at Twin Creeks, Phase II, Located at the Northwest Corner of Watters Road and
Plainview Drive.
20. Conduct a Public Hearing and Adopt an Ordinance Amending the Concept Plan, Development
Regulations and Elevations for 0.365 f Acres in the Villas at Twin Creeks Phase IH, Located
West of Watters Road and East of Noah Drive.
Mayor Terrell opened the public hearings for Agenda Item Nos. 18, 19 and 20, and asked anyone
wishing to speak for or against any of these items to do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3035-9-11: 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 ELEVATIONS ON PROPERTY PRESENTLY ZONED PLANNED
DEVELOPMENT NO. 54 (PD -54) FOR TOWNHOME (TH), AS HERETOFORE AMENDED AND
DESCRIBED AS LOTS 125 THROUGH 130, INCLUSIVE, BLOCK A, OF THE FINAL PLAT FOR
VILLAS AT TWIN CREEKS PHASE 1, CITY OF ALLEN, TEXAS; PROVIDING 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 Stout, the
Council voted five (5) for and none (0) opposed to adopt Ordinance No. 3035-9-11, as
previously captioned, amending the development regulations and elevations for Lots 125-
130, Block A in the Villas at Twin Creeks Phase L The motion carried.
ORDINANCE NO. 3036-9-11: 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 CONCEPT PLAN,
DEVELOPMENT REGULATIONS, AND ELEVATIONS ON PROPERTY PRESENTLY ZONED
PLANNED DEVELOPMENT NO. 54 (PD -54) FOR TOWNHOME (TH), AS HERETOFORE
AMENDED AND DESCRIBED AS LOTS 1 THROUGH 22, INCLUSIVE, BLOCK C, LOTS 15
THROUGH 21, INCLUSIVE, BLOCK D, AND LOTS 7 THROUGH 18, INCLUSIVE, BLOCK E OF
THE FINAL PLAT FOR VILLAS AT TWIN CREEKS PHASE 11, CITY OF ALLEN, TEXAS;
PROVIDING 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 Caplinger and a second by Councilmember Herald,
the Council voted five (5) for and none (0) opposed to adopt Ordinance No 3036-9-11, as
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2011
PAGE 5
previously captioned, amending the Concept Plan, Development Regulations and Elevations
for Lots 1-22, Block C, Lots 15-21, Block D, Lots 7-I8, Block E in the Villas at Twin
Creeks, Phase II The motion carried.
ORDINANCE NO. 3037-9-11: 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 CONCEPT PLAN,
DEVELOPMENT REGULATIONS, AND ELEVATIONS ON PROPERTY PRESENTLY ZONED
PLANNED DEVELOPMENT NO. 54 (PD -54) FOR TOWNHOME (TH), AS HERETOFORE
AMENDED, SAID PROPERTY BEING 0.365 t ACRES OF LAND OUT OF THE CATHERINE
PARSONS SURVEY, ABSTRACT NO. 711, COLLIN COUNTY, TEXAS, DESCRIBED IN
EXHIBIT "A"; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A
SEVERABBdfY 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 Stout and a second by Councilmember Sedlacek, the
Council voted five (5) for and none (0) opposed to adopt Ordinance No. 3037-9-11, as
previously captioned, amending the Concept Plan, Development Regulations and Elevations
for 0.365 t acres in the Villas at Twin Creeks Phase III. The motion carried.
21. Consider Appointments to Fill Expiring Terms and Vacancies on the Following Boards,
Commissions, Committees and Corporations: Animal Shelter Advisory Committee, Board of
Adjustment/Building and Standards Commission/Sign Control Board, Central Business District
Design Review Committee, Community Development Corporation Board, Economic
Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and
Recreation Board, Planning and Zoning Commission, and Public Art Committee.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember
Caplinger, the Council voted five (5) for and none (0) opposed to accept the nominations
presented by the Council Nominating Committee and that the slate of individuals nominated
be appointed by acclamation to the designated places as follows
Animal Shelter Advisory Committee Expiration Date
Place No. I Dr. Alan Coffman September 30, 2013
Place No. 5 Justin Schaffner September 30, 2013
Board of Adjustment/Building & Standards Commission/
Sign Board
Expiration Date
Place No. 1
Gene Autrey
September 30, 2013
Place No. 3
Joel Hemphill
September 30, 2013
Place No. 5
Barbara McNutt
September 30, 2013
Alt. Place No. I
Michael Freiberger
September 30, 2011
Alt. Place No. 3
Kimberly Clark
September 30, 2011
Central Business District Design
Review Committee
Expiration Date
Place No. 1
Paula Ross
September 30, 2013
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2011
PAGE 6
/■n,
!'! Community Development Corporation
Expiration Date
�� Place No. 1
Chris Schulmeister
September 30, 2013
Place No. 3
Lonnie Simmons
September 30, 2013
Place No. 5
Richard Kessler
September 30, 2013
Economic Development Corporation
Expiration Date
Place No. 3
Susan Bardemay
September 30, 2014
Keep Allen Beautiful
Expiration Date
Place No. l
Kelley Bayne
September 30, 2013
Place No. 2
Michelle Ross
September 30, 2012
Place No. 3
Stacy Gonzales
September 30, 2013
Place No. 5
Beverly Pruitt
September 30, 2013
Place No. 7
Mark Schallhorn
September 30, 2013
Library Board
Expiration Date
Place No. 1
Cindy Briggs
September 30, 2013
Place No. 3
Carson Doss
September 30, 2013
Place No. 5
Hugh Brown
September 30, 2013
Place No. 7
Rajeev Venus
September 30, 2013
Parks and Recreation Board
Expiration Date
Place No. I
Tony Airhart
September 30, 2013
Place No. 3
Tricia Losavio
September 30, 2013
Place No. 5
Tom Cowart
September 30, 2013
Place No. 7
Paul Davidson
September 30, 2013
Planning and Zoning Commission
Expiration Date
Place No I
Ben Trahan
September 30, 2011
Place No. 3
Stephen Platt
September 30, 2013
Place No. 5
Shirley Mangrum
September 30, 2013
Place No 7
John Ogrizovich
September 30, 2013
Public Art Committee
Expiration Date
Place No. I
Emile Carriere
September 30, 2013
Place No. 3
Ann Carroll
September 30, 2013
Place No. 5
Susan Barry
September 30, 2013
Place No. 7
Denise Gilbert
September 30, 2013
The motion carried.
Other Business
22. Calendar
October 4 -Allen National Night
Out
23. Items of Interest
i . Connemara's "Into the Meadow" dinner will be held on October 1.
Council wished happy birthday to Assistant City
Manager Siemer and Councilmember
Herald's daughter, Katie.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2011
• Council recognized a Boy Scout from Troop 328 in attendance as a requirement for earning a
merit badge.
• The Allen Rotary Club will hold its annual Chili Cook -off on October 8.
• The Allen Kiwanis Club will hold its annual Golf Tournament on October 6.
Executive Session
18. Personnel Pursuant to Section 551.074 of the Texas Government Code—
Discuss Appointments to the Community Development Corporation, Economic Development
Corporation, Board of Adjustment, Building and Standards Commission, and Planning and
Zoning Commission.
The Executive Session was not held.
19. 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 Caplinger,
the Council voted five (5) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 7:38 p.m. on Tuesday, September 27, 2011. The motion carried.
I These minutes approved on the I P" day of October, 2011
APPROVED:
ATTEST:
Shelley B. Georie, INTY SECRETARY
11
Stephen Terrell, MAYOR