Min - City Council - 2011 - 11/22 - RegularALLEN CITY COUNCIL
REGULAR MEETING
NOVEMER 22, 2011
Present
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Gary L. Caplinger
city Statf:
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6 19 p in. on Tuesday, November 22, 2011, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Wrap-up Briefing Regarding the Information Technology 5 -year Masterplan
• Briefing Regarding a Traffic Survey Study Conducted for Stacy Road at the Intersection of Stacy
Road and US 75
• Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:05 p.m. on
Tuesday, November 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 7'08 p in. on Tuesday, November 22, 2011, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledge of Alle¢iance
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Wes Pierson, Assistant City Manager
Shelley B. George, City Secretary
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 19 p in. on Tuesday, November 22, 2011, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Wrap-up Briefing Regarding the Information Technology 5 -year Masterplan
• Briefing Regarding a Traffic Survey Study Conducted for Stacy Road at the Intersection of Stacy
Road and US 75
• Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:05 p.m. on
Tuesday, November 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 7'08 p in. on Tuesday, November 22, 2011, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledge of Alle¢iance
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 22, 2011
PAGE
Public Recoenition
1. Citizens' Comments
2. Recognition of Allen City Television (ACTV) for a Series of Awards from the Texas Association
of Telecommunications Officers and Advisors (TATOA), National Association of
Telecommunications Officers and Advisors (NATOA), and the Lone Star Emmy.
MOTION: Upon a motion made by Councilmember Obenneyer and a second by Councilmember
Herald, the Council voted six (6) for and none (0) opposed to adopt the items on the Consent
Agenda as follows:
3. Approve Minutes of the November 8, 2011, Regular Meeting.
4. Approve Minutes of the November 7, 2011, Triad Meeting of the Allen City Council, Allen
Independent School District Board of Trustees and Allen -Fairview Chamber of Commerce
Executive Committee.
5. Authorize the City Manager to Approve the Assignment of the Amended and Restated Tax
Abatement Agreement with Duke Realty Limited Partnership to the Blackstone Group d/b/a
BRE/COH TX LLC and Proceed with Execution of the Consent to Assignment of Amended and
Restated Tax Abatement Agreement.
6. Authorize the City Manager to Execute 19 Change Orders with TriTech Software Systems for
the Public Safety Computer Aided Dispatch and Records Management System in the amount of
$334,130.13.
7. Authorize the City Manager to Purchase Twenty -Four Vehicles for Various Departments
Through the Buyboard Cooperative Purchasing, State of Texas, Bid Express and Tarrant
County Contracted Vendors; Philpott Ford for an Amount of $312,892.05, Caldwell Chevrolet
for an Amount of $25,581.00 and Reliable Chevrolet for an Amount of $312,329.53, with a Total
Amount Not to Exceed $650,802.58.
8. Award Bid and Authorize City Manager to Execute a Contract with Standard Utility
Construction, Inc. for an Annual Contract for Maintenance of City -owned Street Lights For an
Annual Amount Not to Exceed $200,000.
9. Award Bid and Authorize the City Manager to Execute a Contract with RKM Utility Services,
Inc. in the Amount of $1,087,526 for Walden Park Estates Water Line & Sanitary Sewer
Rehabilitation, Phase 2 and Establish a Project Budget in the Amount of $11340,000.
10. Award Bid and Authorize the City Manager to Execute a Contract for Construction of Phase 3
of the Dayspring Nature Preserve with Parkscape Construction, Incorporated for an Amount
Not to Exceed $483,630.98 and Amend the Project Budget in the Amount of $574,954.
11. Authorize the City Manager to Sign a Memorandum of Understanding By and Between the
City of Allen and Texas Health Presbyterian Hospital of Allen Related to the Hospital's
Participation in a Low Income Medication Program (340B Program).
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 22, 2011 PAGE 3
12. Declare a Vacancy in Place No. 5 on the Board of Adjustment, Building and Standards
Commission and Sign Control Board.
13. Receive the Summary of Property Tax Collections as of October 2011.
14. Receive the Capital Improvement Program (CD') Status Report.
The motion carried.
Regular Agenda
15. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit SUP No. 120
for a Martial Arts Studio on a Portion of Lot 3, Block A, McDermott Towne Crossing, Located
at 1314 W. McDermott Drive, Suite #130. [Siam Star Many Thai & MMAJ
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. 3047-11-11: 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 GRANTING SPECIFIC USE PERMIT
NO. 120 TO ALLOW A 2,380 SQUARE FOOT PORTION OF THE BUILDING LOCATED ON
LOT 3, BLOCK A, MCDERMOTT TOWNE CROSSING, CITY OF ALLEN, TEXAS (ALSO
KNOWN AS 1314 W MCDERMOTT DRIVE, SUITE 4130, ALLEN, TEXAS), PRESENTLY
ZONED PLANNED DEVELOPMENT PD NO. 52 FOR SHOPPING CENTER "SC" USES TO BE
USED FOR A MARTIAL ARTS STUDIO; PROVIDING FOR SPECIAL CONDITIONS,
ADOPTING A SITE PLAN; 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 Caplinger,
the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3047-11-11, as
previously captioned, granting Specific Use Permit SUP No. 120 for a Martial Arts Studio for
Siam Star Muay Thai and Mixed Martial Arts. The motion carried.
16. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit SUP No. 121
for a Martial Arts Studio on a Portion of Lot 1, Block 1, Bethany Park Place, Located at 1208
E. Bethany Drive, Suite #10. [Karate For Kids]
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. 3048-11-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 22, 2011
PAGE 4
AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT
NO. 121 TO ALLOW A 3,923 SQUARE FOOT PORTION OF THE BUILDING LOCATED ON
LOT 1, BLOCK 1, BETHANY PARK PLACE, CITY OF ALLEN, TEXAS (ALSO KNOWN AS
1208 E. BETHANY DRIVE, SUITE 410, ALLEN, TEXAS), PRESENTLY ZONED FLOOD
PLAIN — SHOPPING CENTER "FP -SC" TO BE USED FOR A MARTIAL ARTS STUDIO;
PROVIDING FOR SPECIAL CONDITIONS, ADOPTING A SITE PLAN; 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 Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3048-11-11, as
previously captioned, adopting Specific Use Permit SUP No. 121 for a Martial Arts Studio
for Karate For Kids. The motion carried.
17. Conduct a Public Hearing and Adopt an Ordinance to Incorporate a Concept Plan and Amend
the Development Regulations for 31.41 Acres of Property Zoned MultiFamily MF and Local
Retail LR within Planned Development PD No. 63, Generally Located Northeast of the
Intersection of Ridgeview Drive and Custer Road. [Custer/Ridgeviewl
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
David Hicks, 401 Woodlake Dr., Allen, Texas, spoke in support of this item.
Paul Konrad, 1202 Waterdown, Allen, Texas, spoke but did not express support or opposition to this
item.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3049-11-11: 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 DEVELOPMENT REGULATIONS FOR 31.4+ ACRES OUT OF THE SHADRICK
JACKSON SURVEY, ABSTRACT NO. 489, CITY OF ALLEN, COLLIN COUNTY, TEXAS,
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND IDENTIFIED AS TRACTS II AND III
OF PLANNED DEVELOPMENT PD NO. 63 PRESENTLY ZONED FOR MULTI -FAMILY "ME"
AND LOCAL RETAIL "LR" USES, RESPECTIVELY; PROVIDING FOR A CONCEPT PLAN;
PROVIDING FOR BUILDING ELEVATIONS, PROVIDING FOR A PARKING BUFFER
CONCEPT PLAN; PROVIDING FOR RETAIL VEGETATIVE SCREENING PLAN; PROVIDING
FOR A SIGN PLAN; PROVIDING FOR A RIDGEVIEW DRIVE ACCESS AND DRIVEWAY
EXHIBIT. 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 Obermeyer and a second by Mayor Pro Tem Stout,
the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3049-11-11, as
previously captioned, adopting a Concept Plan and amending the Development Regulations
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 22, 2011
IWIT" x.7
for property zoned Multi -family MF and Local Retail LR within Planned Development PD
No. 63. The motion carried.
18. Conduct a Public Hearing and Adopt an Ordinance to Amend Planned Development PD No. 78
for Corridor Commercial CC to Allow Outdoor Food and Retail IGosks on Lot 1R, Block 1,
Allen Premium Outlets, located at 820 W. Stacy Road.[Allen Premium Outlets[
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. 3050-11-11: 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 DEVELOPMENT REGULATIONS FOR A PORTION OF PLANNED
DEVELOPMENT PD NO. 78 FOR SHOPPING CENTER USES TO ALLOW THE LOCATION
AND USE OF OUTDOOR KIOSKS; ON LOT 1R, BLOCK I, ALLEN PREMIUM OUTLETS,
CITY OF ALLEN, TEXAS (ALSO KNOWN AS 820 W STACY ROAD, ALLEN, TEXAS);
PROVIDING FOR A KIOSK LOCATION PLAN; PROVIDING FOR KIOSK ELEVATIONS,
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 Oberneyer and a second by Councilmember
Herald, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3050-11-
11, as previously captioned, amending the zoning on property zoned Planned Development
PD No. 78 for Corridor Commercial CC to allow two outdoor food and two retail kiosks at
the Allen Premium Outlet Mall. The motion carried.
Other Business
19, Calendar
• November 24-25 - City Facilities Closed for Thanksgiving Holidays
• November 28 -December 9 -Early Voting for the December 13 Special Election
• December 2 - City of Allen Christmas Tree Lighting, Allen Civic Plaza, 7 p.m.
• December 3 - Annual Rudolph Run in Downtown Allen, Allen Heritage Center, 7 a m.
20. Items of Interest
• The Allen Rotary will hold its Annual Christmas Parade on December 4.
• The Kiwanis Annual Pancake Breakfast will be held at First United Methodist Church on
December 3 from 7-11 a.m.
• The Church of Jesus Christ of Latter Day Saints will host its Annual Nativity Exhibit on
December 2 and 3.
• Council congratulated the Allen Americans on their current winning streak
• Council wished everyone a Happy Thanksgiving.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 22, 2011 PAGE 6
Executive Session
The Executive Session was not held.
21. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmcmber Herald, the
Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen
City Council at 8:21 p.m. on Tuesday, November 22, 2011. The motion carried.
These minutes approved on the 131h day of December, 2011.
ATTEST:
Sh�.Geom�g�',.-OTICRE Y
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APPROVED:
Stephen Terrell, MAYOR