Min - City Council - 2012 - 08/14 - RegularALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 14, 2012
Gary L. Caplinger, Mayor Pro Tem (also serves as a member of the AEDC Board of Directors)
Kurt Kizer
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Baine Brooks
City Staff
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Teresa Warren, Director, Public and Media Relations Office
Peter G. Smith, City Attorney
Allen Economic Development Corporation
Board of Directors (Present at Workshont:
Tim Wood, President
Susan Bartlemay, Vice President
Debbie Stout
Gary L. Caplinger
With a quorum of the Councilmembers and AEDC Boardmembers present, the Workshop Session of the
Allen City Council was called to order by Mayor Terrell at 6:23 p in. on Tuesday, August 14, 2012, in the
Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas.
• Introduction of Emile Carriere, Chair of the Public Art Committee
• Allen Economic Development Corporation Board Presentation
• Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:45 p.m. on
Tuesday, August 14, 2012.
ICall to Order and Announce a Ouorum is Present
Present:
Stephen Terrell, Mayor
Councilmembers:
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 14, 2012
Gary L. Caplinger, Mayor Pro Tem (also serves as a member of the AEDC Board of Directors)
Kurt Kizer
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Baine Brooks
City Staff
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Teresa Warren, Director, Public and Media Relations Office
Peter G. Smith, City Attorney
Allen Economic Development Corporation
Board of Directors (Present at Workshont:
Tim Wood, President
Susan Bartlemay, Vice President
Debbie Stout
Gary L. Caplinger
With a quorum of the Councilmembers and AEDC Boardmembers present, the Workshop Session of the
Allen City Council was called to order by Mayor Terrell at 6:23 p in. on Tuesday, August 14, 2012, in the
Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas.
• Introduction of Emile Carriere, Chair of the Public Art Committee
• Allen Economic Development Corporation Board Presentation
• Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:45 p.m. on
Tuesday, August 14, 2012.
ICall to Order and Announce a Ouorum is Present
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 14, 2012
PAGE
With a quorum of the Councdmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:02 p.m. on Tuesday, August 14, 2012, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas
Pledee of Allegiance
Public Recognition
Citizens' Comments.
Presentation of a Blue Star Flag to a Family of Allen Service Personnel Currently Deployed by
the U.S. Armed Forces.
• Mr. and Mrs. Phil Collier, parents of Specialist Philip Ryan Collier, United States Army
Recognition of the Keep Texas Beautiful (KTB) Award Winners from the City of Allen.
• Ruthe Jackson Youth Leadership Award, first place, Kyle Webre
• The Sadie Ray Graff Award, first place, Kirk Evans
• The KTB Media Award, first place -electronic category, PAMRO
• Ebby Halliday and Maurice Acers Business/Industry Award, Citation of Meru, Atlas-Copco
• The Individual Leadership Lifetime Achievement Award, Donna Kliewer
• Civic Organization/Civic Program category, first place, Keep Allen Beautiful as a member of the
Trinity River Environmental Education Society (TREES).
• The Governor's Community Achievement Award (GCAA), first place, category 8. City of Allen
• Gold Star Affiliate recognition, Keep Allen Beautiful
4. Recognition of the Parks and Recreation Department's Marketing Division for Receipt of Three
Awards from the Texas Festivals and Events Association.
• Best Photograph - Texas Stampede (by photographer Mike Mezeul)
• Best TV Promotion (ad spot or PSA) - SNAP Dance
• Best New Event - 2012 Lone Star Conference Tournament
Presentation of the Public Art Committee's 2012 Annual Report by Emile Carrierre, Public Art
Committee Chair.
MOTION: Upon a motion made by Councilmember Herald and a second by Mayor Pro Tem Caplinger,
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 July 24, 2012, Regular Meeting.
7. Adopt a Resolution Supporting Collin County's Prioritization of Proposed RTR (Regional Toll
Revenue) Funded Transportation Projects.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 14, 2012
PAGE
RESOLUTION NO. 3096-8-12(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING COLLIN COUNTY'S
PRIORITIZATION OF PROPOSED REGIONAL TOLL REVENUE (ITR) FUNDED
TRANSPORTATION PROJECTS; AUTHORIZING THE MAYOR TO SIGN THE JOINT COLLIN
COUNTY RESOLUTION REGARDING RTR FUNDED TRANSPORTATION PROJECTS, AND
PROVIDING AN EFFECTIVE DATE.
Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement between
the Cities of Allen and Plano to Accept The Colony as a Subscriber to the PAWM (Plano, Allen,
Wylie, Murphy) Public Safety Radio System.
RESOLUTION NO. 3097-8-12(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN,
TEXAS, THE CITY OF PLANO, TEXAS, AND THE CITY OF THE COLONY, TEXAS,
PERMITTING SPECIFIED USE OF THE PLANO AND ALLEN PUBLIC SAFETY RADIO
SYSTEM BY THE CITY OF THE COLONY, TEXAS; AUTHORIZING ITS EXECUTION BY
THE CITY MANAGER, OR AUTHORIZED REPRESENTATIVE; AND PROVIDING AN
EFFECTIVE DATE.
9. Authorize the City Manager to Execute a Public Improvement Deferral Agreement with Twin
Creeks Business Park, Inc. (Bossy Boots Holdings, Ltd.) Related to the Required Traffic
Improvements for the Development of District H in Planned Development No. 108.
10. Authorize the City Manager to Execute a Right -of -Way Dedication Agreement with the Wines
Family Irrevocable Trust and MGA Family Limited Partnership for Ridgeview Drive in the
Amount of $601,128 plus Closing Costs.
11. Authorize the City Manager to Approve the Issuance of a Purchase Order to CSDC Systems,
Inc. in the Amount of $50,680 for the Purchase of Imaging and Point of Sale Software and
Hardware to Upgrade the Existing Municipal Court Computer System.
12. Award Bid and Authorize the City Manager to Execute a Contract for Street Sweeping Services
with Sweeping Services of Texas -Operating L.P., D/B/A/ Mr. Dirt of Texas for an Estimated
Annual Expenditure of $120,000 with Three (3) One year Options to Renew Under the Same
Terms and Conditions.
13. Motion to Accept a Donation from Mrs. Connie Rodenbaugh for the Public Art Program of a
Sculpture for the Allen Senior Recreation Center.
14. Authorize the City Manager to Execute Contracts with United Healthcare (UHC) to Serve as a
Third -Party Administrator; Sun Life to Serve as Stop -Loss Insurance Carrier and to Provide
Life/Accidental Death & Dismemberment (AD&D), Short -Term Disability, Long -Term
Disability, and Voluntary Life Insurance; and Alliance Work Partners to Provide Employee
Assistance Program Services.
15. Accept the Investment Report for the Period Ending June 30, 2012.
16. Receive the Financial Report for Period Ending June 30, 2012.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 14, 2012 PAGE 4
The motion carried
Regular Agenda
17. Conduct a Public Hearing and Adopt a Resolution Approving the Proposed 2012-2013 Annual
Action Plan for the Community Development Block Grant (CDBG) Program.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
Joyce Vaughan, 639 Leading Lane, Allen, Texas, spoke in favor of this item.
With no else one speaking, Mayor Terrell closed the public hearing.
RESOLUTION NO. 3098-8-12(ft A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2012-2013 ANNUAL ACTION PLAN;
AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD); REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Herald, the Council voted seven (7) for and none (0) apposed to adopt Resolution No. 3098-
8-12(R), as previously captioned, approving the proposed 2012-2013 Annual Action Plan for
the Community Development Block Grant (CDBG) Program. The motion carried.
18. Conduct a Public Hearing and Adopt an Ordinance for a Specific Use Permit for a Fueling
Station on 1.782± Acres of Land Located North of Exchange Parkway and East of Bossy Boots
Drive. [RaceTrac — Twin Creeks
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. 3099-8-12: 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 GRANTING SPECIFIC USE PERMIT
NO 128 AUTHORIZING THE PROPERTY DESCRIBED AS 1.7821 ACRES SITUATED IN THE
JOHN TYKE SURVEY, ABSTRACT NO. 325, CITY OF ALLEN, TEXAS, PRESENTLY ZONED
PLANNED DEVELOPMENT NO, 108 FOR MIXED USE, TO BE DEVELOPED AND USED FOR
A FUELING STATION; ADOPTING A SITE PLAN, LANDSCAPE PLAN, BUILDING
ELEVATIONS, CANOPY ELEVATIONS, AND SIGN 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
Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
3099-8-12, as previously captioned, for Specific Use Permit No. 128 for a RaceTrac Fueling
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 14, 2012
PAGE
Station on 1.782± acres of land located north of Exchange Parkway and east of Bossy Boots
Drive The motion carried.
19. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning of 0.8556±
Acres from Single Family Residential R-5 to a Planned Development for Assisted Living Use
Located North of Exchange Parkway and East of Cabernet Drive. ]Alexandria Assisted Living
Center]
Mayor Terrell announced the City Secretary had accepted and verified written opposition from
property owners within 200 feet of the zoning request property and the Community Development
Director confirmed that 58.4% of the 200 foot protested area was computed. The Council must have a
super majority vote in order to approve the zoning request as required by Section 4.06, Changes and
Amendments, of the Allen Land Development Code.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
Julie Schomack, 1103 Shumard Street, Allen, Texas, spoke in opposition of this item.
Sherilyn Kunkel, 9 Cedar Elm Circle, Allen, Texas, spoke in opposition of this item.
Karen Stavinoha Perry, 1202 Cabernet Drive, Allen, Texas, spoke in opposition of this item.
Beth Boughton, 1315 Wine Creek Court, Allen, Texas, spoke in opposition of this item.
Roxana Clemens, 1013 Shumard Street, Allen, Texas, spoke in opposition of this item.
Craig Bayyouk, 1325 Grapevine Drive, Allen, Texas, spoke in opposition of this item.
Mohammad Rahman, 1208 Vineyard, Allen, Texas, spoke in opposition of this item.
Vivian IJomah, 1590 Mahogany Drive, Allen, Texas, spoke in favor of this item.
Carl Vaughn, 725 Ridgemont Drive, Allen, Texas, spoke in favor of this item.
With no one else speaking, Mayor Terrell closed the public hearing
ORDINANCE NO. 3100-8-12: 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 FOR 0.85561 ACRES IN THE JAS T. ROBERTS SURVEY, ABSTRACT NO. 777,
CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM
SINGLE FAMILY RESIDENTIAL "R-5" TO PLANNED DEVELOPMENT "PD" NO. 110 FOR AN
ASSISTED LIVING FACILITY USE; ADOPTING A CONCEPT PLAN; ADOPTING A
LANDSCAPE PLAN, ADOPTING BUILDING 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 Mayor Pro Tem Caplinger and a second by Councilmember Herald,
the Council voted six (6) for and one (1) opposed with Councilmember Kizer casting the
negative vote, to adopt Ordinance No. 3100-8-12, as previously captioned, to change the
zoning of 0.8556± acres, located north of Exchange Parkway and east of Cabernet Drive,
from Single Family Residential R-5 to a Planned Development for Assisted Living Use. The
motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 14, 2012 PAGE 6
20. Conduct a Public Hearing on the Fiscal Year 2012-2013 Budget as Required by Article IV,
Section 4.04 of the Allen City Charter.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
The following individuals did not speak, but wished to record their opposition to the item:
Julie Schornack, 1103 Shumard Street, Allen, Texas.
Sherilyn Kunkel, 9 Cedar Elm Circle, Allen, Texas.
Roxana Clemens, 1013 Shumard Street, Allen, Texas.
With no one else speaking, Mayor Terrell closed the public hearing.
Mayor Terrell announced that the City Council will conduct a second public hearing on August 28,
2012 and the City Council will vote on the budget at the September 11, 2012, City Council meeting at
7:00 p.m. at Allen City Hall, 305 Century Parkway, Allen, Texas.
21. Conduct a Public Hearing Regarding the Fiscal Year 2012-2013 City Tax Rate.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
The following individuals did not speak, but wished to record their opposition to the item:
Julie Schomack, 1103 Shumard Street, Allen, Texas.
Sherilyn Kunkel, 9 Cedar Elm Circle, Allen, Texas,
Roxana Clemens, 1013 Shumard Street, Allen, Texas.
With no one else speaking, Mayor Terrell closed the public hearing.
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 set the City Council
meeting date of September 11, 2012, at 7:00 p.m. at Allen City Hall, 305 Century Parkway,
Allen, Texas, to vote on the proposed tax rate of 55.3 cents per $100 of the certified appraised
value for the Fiscal Year 2012-2013 budget. The motion carried.
22. Calendar.
• August 17-19 — City Council Budget Workshop, Tanglewood Hotel
• August 28 — Second Public Hearing Regarding the Budget
• August 28 — Second Public Hearing Regarding the City Tax Rate
23. Items of Interest.
Council wished Councilmember Obermeyer a happy birthday for August 23.
• Council wished Darin and Jackie Herald a happy birthday for August 26.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 14, 2012 PAGE 7
IThe Regular Meeting was recessed at 9:24 p m.
Executive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
9:30 p.m. on Tuesday, August 14, 2012, to the Council Conference Room, 305 Century Parkway, Allen,
Texas, in order to discuss matters pertaining to:
24. 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 9 40 p.m. on Tuesday, August 14, 2012.
25. Reconvene and Consider Action on Items Discusses during Executive Session
The Allen City Council reconvened into the Regular Meeting at 943 p.m. on Tuesday,
August 14, 2012.
No action was taken on item discussed during the 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 adjourn the Regular
Meeting of the Allen City Council at 9,43 p.m. on Tuesday, August 14, 2012. The motion
carried.
These minutes approved on the 286 day of August, 2012.
ATTEST:
Shelley B. George, CITY SECRET Y
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Stephen TerMAYOR