Min - City Council - 2012 - 05/22 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 22, 2012
Present
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Kurt Kizer
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Gary L. Caplinger
Baine Brooks
City Statf:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Wes Pierson, Assistant Crty Manager
Shelley B. George, City Secretary
Teresa Warren, Director, Public and Media Relations Office
Pete Smith, City Attorney
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 7:00 p.m. on Tuesday, May 22, 2012, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
Administration of Oaths -of -Office
and Presentation of Certificates -of -Election
Mayor Terrell presented Mayor Pro Tem Stout with a Tenure Award recognizing her I 1 years of service on
the Allen City Council. She was presented with her nameplate as she stepped down from the Council bench.
City Secretary George administered the Oath -of -Office to newly elected Councilmember Kurt Kizer, Place
No. 1, and re-elected Councilmember Joey Herald, Place No. 3, and Councilmember Gary Caplinger, Place
No. 5. Mayor Terrell presented the Certificates -of -Election and offered his congratulations to them. The
Councilmembers took their places at the Council bench.
Public Recognition
1. Citizens' Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 22, 2012 PAGE 2
2. Presentation of a Proclamation by the Office of the Mayor:
• Presentation of a Proclamation to Steve Massey, Director, and Representatives of the Community
Services Department Proclaiming May 20-26, 2012, as "Public Works Week"
Consent Aeenda
MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Caplinger,
the Council voted seven (7) for and none (0) opposed to adopt the items on the Consent
Agenda as follows:
3. Approve Minutes of the May 8, 2012, Regular Meeting.
4. Appoint Kathryn May, Health and Code Compliance Manager, to Place No. 2 on the Animal
Shelter Advisory Committee.
5. Adopt a Resolution Establishing Rates and Fees for Commercial and Residential Solid Waste,
Recycling, and Household Hazardous Waste Services.
RESOLUTION NO. 30845-12(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES AND RATES FOR
COMMERCIAL SOLID WASTE COLLECTION SERVICES; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
6. Adopt a Resolution Authorizing the City Manager to Enter into an Interlocal Agreement
Between the City of Allen and Collin County for Construction of Bethany Drive Improvements
from Allen Heights to Angel Parkway (FM 2551).
RESOLUTION NO. 3085-5-12(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND
COLLIN COUNTY, TEXAS, AUTHORIZING PARTICIPATION IN THE CONSTRUCTION OF
BETHANY DRIVE FROM ALLEN HEIGHTS TO FM 2551; AUTHORIZING ITS EXECUTION BY
THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE
7. Authorize the City Manager to Execute a Facilities Agreement with Custer 121, L.P. related to
the Proposed Custer-Ridgeview Multi -Family Development at the Northeast Corner of Custer
Road and Ridgeview Drive.
8. Award Bid and Authorize the City Manager to Execute a Contract with Tiseo Paving Company
in the Amount of $611,346.50 for the Construction of the Cabela Drive Acceleration Lane
Project and Establish a Project Budget in the Amount of $795,000.
9. Receive the Summary of Property Tax Collections as of April 2012.
1 10. Receive the Capital Improvement Program (CIP) Status Reports.
The motion carried
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 22, 2012 PAGE 3
Regular Aeenda
11. CONTINUE ITEM - Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning
for 19.237+ Acres from Agriculture -Open Space AO and Community Facilities CF to a Planned
Development for Single Family Residential R-5 and Adopt a Concept Plan, Development
Regulations, and Building Elevations for Property Generally Located North of Exchange
Parkway and West of Twin Creeks Drive Cumberland Crossing Phase V1.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
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 continue the Public Hearing
and table this item to the June 12, 2012, City Council meeting for a change in zoning for
19.237+ acres from Agriculture -Open Space AO and Community Facilities CF to a Planned
Development for Single Family Residential R-5 for property generally located north of
Exchange Parkway and west of Twin Creeks Drive. The motion carried.
12. Conduct a Public Hearing and Adopt an Ordinance to Amend Various Sections of the Allen
Land Development Code, Including Section 4.20.2, Schedule of Principal Uses, Regarding the
Location of Pawn Shops, Dance Studios/Martial Arts, and Gymnastics and Sports Training
Facility; Section 6.03.1, Private Club — Location, Term, Renewal, and Termination, Regarding
the Location of Private Clubs; Section 6.04, Temporary Use Permits Regarding the Process and
Purposes for Granting Temporary Use Permits; Section 7.04.1, Vehicle Parking, Regarding
Determination of Minimum Off -Street Parking Requirements; Section 7.07.2, Construction of
Screening Walls or Visual Barriers and Section 7.07.4, Screening Walls or Visual Barriers
Required, Regarding Location of Walls and Fences and Allowable Fence and Wall Materials;
and Appendix A. Definitions, Regarding the Definition of Dance Studios/Martial Arts,
Gymnastics and Sports Training Facility, and Commercial Indoor Amusement.
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. 3086-5-12: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE,
AS AMENDED, BY AMENDING SECTION 4.20.2 "SCHEDULE OF PRINCPLE USES"
REGARDING THE LOCATION OF PAWN SHOPS, DANCE STUDIOS/MARTIAL ARTS, AND
GYMNASTICS AND SPORTS TRAINING FACILITIES; AMENDING SECTION 6.03.1
"PRIVATE CLUB — LOCATION, TERM, RENEWAL AND TERMINATION" REGARDING THE
LOCATION OF PRIVATE CLUBS; AMENDING SECTION 6.04 "TEMPORARY USE PERMITS,"
REGARDING THE PROCESS AND PURPOSE FOR GRANTING TEMPORARY USE PERMITS;
AMENDING SECTION 7.04.1 "VEHICLE PARKING" REGARDING DETERMINATION OF
OFF-STREET PARKING REQUIREMENTS; AMENDING SECTION 7.07.2 "CONSTRUCTION
OF SCREENING WALLS OR VISUAL BARRIERS"; AND SECTION 7.074 "SCREENING
WALLS OR VISUAL BARRIERS REQUIRED," REGARDING LOCATION OF WALLS AND
FENCES AND ALLOWABLE FENCE AND WALL MATERIALS; AND AMENDING APPENDIX
A "DEFINITIONS" REGARDING THE DEFINITIONS OF "DANCE STUDIOS/MARTIAL
ARTS," "GYMNASTICS AND SPORTS TRAINING FACILITY," AND "COMMERCIAL INDOOR
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 22, 2012
PAGE 4
iAMUSEMENT"; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR
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. 3086-5-12, as previously captioned, amending various sections of the Allen Land
Development Code. The motion carried.
Other Business
13. Calendar
• May 28, June 4 - Summer Sounds Concert Series, JFRC, 7 p.m.
• May 29 - Primary Election Day, 7 a.m. - 7 p.m.
14. Items of Interest
• Council recognized Boy Scouts from Troop 4031 in attendance as a requirement for earning the
communications merit badge.
• The Allen Blues Festival will be held on May 27 at Allen Event Center,
1 Executive Session
The Executive Session was not held.
Adjourn
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 7:24 p.m. on Tuesday, May 22, 2012. The motion carried.
These minutes approved on the 121b day of June, 2012.
APPRO D:
Stephen rrell, MAYOR
ATTEST:
T
Shelley B. George, CITY SEC RRE A Y