Min - City Council - 2012 - 04/10 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 10, 2012
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Gary L. Caplinger
Baine Brooks
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Wes Pierson, Assistant City Manager
Shelley B. George, City Secretary
Teresa Warren, Director, Public and Media Relations Office
Pete Smith, 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 6:27 p.m. on Tuesday, April 10, 2012, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Introduction of Robert Wendland, Chair of the Planning and Zoning Commission
• Briefing Regarding The Lone Star Conference Championship
• Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6.56 p.m. on
Tuesday, April 10, 2012.
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 7:06 p.m. on Tuesday, April 10, 2012, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Allegiance
Public Recoenition
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 10, 2012 PAGE 2
1 1. Citizens' Comments.
2. Update Regarding the Library Endowment Fund by Dr. Joe Farmer.
3. Presentation of a Check Indicating `Volunteer Hours to the Community' by Karen
Malinowsky, CVS Chair of the Allen Retired Educators' Association (AREA).
4. Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Haleh Hekmat with The Turning Point Rape Crisis Center of
Collin County Proclaiming April 2012 as "Sexual Assault Awareness and Prevention Month "
• Presentation of a Proclamation to Representatives of Keep Allen Beautiful Proclaiming April
2012 as "Great American Cleanup Month."
5. Presentation of the Planning and Zoning Commission's Annual Report by Robert Wendland,
Chair of the Planning and Zoning Commission.
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 the items on the
Consent Agenda as follows:
6. Approve Minutes of the March 13, 2012, Regular Meeting.
7. Approve Minutes of the March 27, 2012, Regular Meeting.
8. Motion to Reappoint Dr. Joe Farmer to the North Texas Municipal Water District Board
(NTMWD) as a Representative for the City of Allen for a Two -Year Term Effective June 1,
2012, through May 31, 2014.
9. Authorize the City Manager to Execute the First Amendment to the Economic Development
Agreement Between the City of Allen and Cabela's Wholesale, Inc.
10. Authorize the City Manager to Execute an Amended Lease Agreement with America's Cable
Park Group, LLC (Hydrous Wakepark at Allen Station) to Allow for the Sale and Service of
Alcohol Through the Issuance of Special Event Permits as Approved by the City Manager.
11. Authorize the City Manager to Execute a Contract with Creative Artists Agency in the Amount
of $50,000 for Entertainment for the 2012 Market Street Allen USA Celebration Presented by
Texas Health Presbyterian Hospital Allen.
12. Authorize the City Manager to Execute a Discretionary Service Agreement with Oncor Electric
Delivery Company, LLC in the Amount of $68,541.79 for the Relocation of Electric Poles for
the Chelsea Boulevard Phase 1 Project.
13. Authorize the City Manager to Execute a Water Line Easement Dedication Agreement with 121
& Chelsea, L.P., Related to the Chelsea Boulevard Phase 1 Project.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 10, 2012
PAGE
14. Award Bid and Authorize the City Manager to Execute a Contract with Mario Sinacola & Sons
Excavating in the Amount of $1,894,110.62 for the Chelsea Boulevard Phase 1 Project and
Amend the Budget to $4,500,000.
15. Award Bid and Authorize the City Manager to Execute a Contract with Jim Bowman
Construction Company, L.P. in the Amount of $65,667.50 for the Palace Way Storm Sewer
Relocation Project and Establish a Project Budget in the Amount of $85,000.
16. Award Bid and Authorize the City Manager to Execute a Contract with L.H. Lacy Company,
Ltd. in the Amount of $1,930,277.45 for the East Bethany Drive Widening Project and Amend
the Project Budget to $3,359,021.
The motion carried.
17. Conduct a Public Hearing and Adopt an Ordinance to Repeal Specific Use Permit No. 119 for a
Car Wash, Situated in Lot 6, Block A, of the Greenville Center Addition (also known as 386 E.
Stacy Road), Located South of Stacy Road and West of State Highway 5/Greenville Avenue.
[Bluewave Car Wash Repeal]
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. 3074-4-12: 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 REPEALING ORDINANCE NO. 3022-8-
11 GRANTING SPECIFIC USE PERMIT NO. 119 FOR A CAR WASH ON LOT 6, BLOCK A,
GREENVILLE CENTER ADDITION, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 386 E.
STACY ROAD, ALLEN, TEXAS) PRESENTLY ZONED CORRIDOR COMMERCIAL "CC";
PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Mayor Pro Tem Stout, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3074-4-12, as
previously captioned, repealing Specific Use Permit No. 119 for a car wash on Lot 6, Block
A, Greenville Center Addition. The motion carried.
18. Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning for 3.6741 Acres
Generally Located South of Stacy Road and East of Hopewell Drive from Planned Development
No. 54 for Industrial Technology IT to Single Family Residential R-5. [The Landings AISD]
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
Jerry Sylo, 16301 Quorum, Suite 200 B, Addison, Texas, spoke in favor of this item.
With no one else speaking, Mayor Terrell closed the public hearing
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 10, 2012
PAGE
ORDINANCE NO. 3075-4-12: 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 CHANGING
THE ZONING OF A 3.674± ACRE TRACT OF LAND IN THE MICHAEL LEE SURVEY,
ABSTRACT NO. 544, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT
"A" AND DEPICTED IN EXHIBIT `B," ATTACHED HERETO BY REMOVING THE TRACT
FROM PLANNED DEVELOPMENT PD NO, 54 FOR INDUSTRIAL TECHNOLOGY "IT" USE,
AND CHANGING THE ZONING TO SINGLE FAMILY RESIDENTIAL "R-5"; 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 Caplinger and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
3075-4-12, as previously captioned, removing 3.674± acres generally located south of
Stacy Road and east of Hopewell Drive from Planned Development No. 54 and
changing the zoning from Planned Development No. 54 for Industrial Technology IT
to Single Family Residential R-5. The motion carried.
19. Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning for 5.36± Acres,
Generally Located South of Stacy Road and West of Watters Road, from Agriculture -Open
Space AO to Single Family Residential R-5. [The Landings Lot 2 and Part of Lot 111
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
Jerry Sylo, 16301 Quorum, Suite 200 B, Addison, Texas, spoke in favor of this item.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3076-412: 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 CHANGING
THE ZONING OF A 5.358± ACRE TRACT OF LAND IN THE HENRY BRADENBURG SURVEY,
ABSTRACT NO. 110, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT
"A" AND DEPICTED IN EXHIBIT "B," ATTACHED HERETO; FROM AGRICULTURE -OPEN
SPACE "A -O" TO SINGLE FAMILY RESIDENTIAL "R-5"; 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 Herald, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3076-4-12, as
previously captioned, changing the zoning for 5.36± acres, generally located south of Stacy
Road and west of Watters Road, from Agriculture- Open Space AO to Single Family
Residential R-5. The motion carried.
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ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 10, 2012
20. Calendar
• April 12 - Last Day to Register to Vote in May 12, 2012 Allen ISD General Election
21. Items of Interest
• Council wished Shelley George a happy birthday.
The Regular Session was recessed at 7:50 p.m.
Executive Session
PAGES
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
8:00 p.m. on Tuesday, April 10, 2012, in the Council Conference Room, 305 Century Parkway, Allen, Texas,
in order to discuss matters pertaining to:
22. Personnel Pursuant to Section 551.074 of the Texas Government Code—
Discuss Appointment to Fill a Vacancy on the Board of the Allen Economic Development
Corporation.
The Executive Session adjourned at 8:31 p.m. on Tuesday, April 10, 2012.
23. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into the Regular Meeting at 8:32 p.m. on Tuesday,
April 10, 2012. The following action was taken on items discussed during Executive Session.
MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to temporarily appoint
Mayor Pro Tem Stout to Place No. 5 on the Allen Economic Development Corporation
effective April 13, 2012. The motion carried.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Caplinger,
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 8:34 p.m. on Tuesday, April 10, 2012. The motion carried.
These minutes approved on the 241° day of April, 2012.
ATTEST:
Shelley B. Geo ITY SEC TARY
ZOVED-
Stephen Terrell, MAYOR