Min - City Council - 2012 - 11/27 - RegularGary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Baine Brooks
City Staff:
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 27, 2012
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
Julie Brock, Senior Administrative Assistant, City Secretary's Office
Workshou Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6^2 p.m. on Tuesday, November 27, 2012, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Discussion Regarding the Proposed Golf Resources Consulting Proposal
• Committee Updates from City Council Liaisons
• Questions on Current Agenda
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:05 p.m. on
Tuesday, November 27, 2012.
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 7:08 p.m. on Tuesday, November 27, 2012, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas
Pledge of Allegiance
Public Recoenition
1. Citizens' Comments.
Present
Stephen Terrell, Mayor
Councilmembers:
Gary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Baine Brooks
City Staff:
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 27, 2012
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
Julie Brock, Senior Administrative Assistant, City Secretary's Office
Workshou Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6^2 p.m. on Tuesday, November 27, 2012, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Discussion Regarding the Proposed Golf Resources Consulting Proposal
• Committee Updates from City Council Liaisons
• Questions on Current Agenda
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:05 p.m. on
Tuesday, November 27, 2012.
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 7:08 p.m. on Tuesday, November 27, 2012, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas
Pledge of Allegiance
Public Recoenition
1. Citizens' Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 27, 2012 PAGE 2
2. Recognition of the Parks and Recreation Department for Receipt of Five Awards at the Texas
Recreation and Park Society's Regions 2 and 3 Conference.
• Park Design Excellence Award for Hydrous Wakeboard Park
• Communications Award for the Facebook Photo Contest
• Excellence in Programming Award for The Alliance for a Healthier Allen
• Horizon's Award - Timmy Vessakosol
• Part-time Employee of the Year Award - Justin Kelly
Consent Agenda
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:
3. Approve Minutes of the November 13, 2012, Regular Meeting.
4. Motion to Cancel the December 25, 2012, City Council Meeting.
5. Adopt a Resolution Establishing Development Fees, Sign Permit Fees, and Fire Code Fees.
RESOLUTION NO. 3121-11-12(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CITY SCHEDULE OF FEES AND
CHARGES BY ADOPTING FEES AND CHARGES AUTHORIZED BY ALLEN LAND
DEVELOPMENT CODE SECTION 1.08 "CERTIFICATES OF OCCUPANCY," ARTICLE 11
"ADMINISTRATION;" ARTICLE III "BUILDING REGULATIONS;' ARTICLE IV "ZONING
REGULATIONS," ARTICLE VI "SPECIAL ZONING PROVISIONS;' SECTION 7.09 "SIGN
REGULATIONS," ARTICLE VIII "SUBDIVISION REGULATIONS," AND ARTICLE X
"PARKLAND DEDICATION;" PROVDING FOR REPEAL OF CONFLICTING RESOLUTIONS,
AND PROVIDING FOR AN EFFECTIVE DATE.
6. Adopt a Resolution Amending Resolution No. 3069-2-12(R) by Changing the Designated End
Date of the Enterprise Zone Designation Project of Priority Fulfillment Services, Inc.
RESOLUTION NO. 3122-11-12(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING RESOLUTION NO. 3069-2-12(R) BY
CHANGING THE DESIGNATED END DATE OF THE ENTERPRISE ZONE DESIGNATION
PROJECT OF PRIORITY FULFILLMENT SERVICES, INC., PROVIDING A REPEALING
CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE.
7. Authorize the City Manager to Transfer $103,992 from the City of Allen Drainage Fund to the
Chase Oaks Improvement Project for the Repair and Extension of the Storm Water System at
The Courses at Walters Creek.
8. Authorize the City Manager to Execute a Contract with Halff Associates, Inc. in the Amount of
$87,750 for the Study and Design of the Allen Water Station Historic Preservation Plan and
Landscape Architectural Services.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 27, 2012 PAGE 3
1 9. Receive the Summary of Property Tax Collections as of October 2012.
10. Receive the Capital Improvement Program (CIP) Status Reports.
The motion carried
Reeular Asenda
11. Conduct a Public Hearing and Adopt an Ordinance for a Specific Use Permit for an Assisted
Living Use on Property Located North of Prestige Circle and West of Greenville Avenue. [Allen
Assisted Living[
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. 3123-I1-12: 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 GRANTING
SPECIFIC USE PERMIT NO. 130 FOR AN ASSISTED LIVING FACILITY FOR LOT 1, BLOCK
1, ALLEN ASSISTED LIVING ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS,
PRESENTLY ZONED "PD" PLANNED DEVELOPMENT NO. 3 FOR "MF -12' MULTI-
FAMILY; ADOPTING A SITE PLAN, LANDSCAPE PLAN, AND 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 Councilmember Sedlacek and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
3123-11-12, as previously captioned, approving Specific Use Permit No. 130 for an Assisted
Living Use for Allen Assisted Living located north of Prestige Circle and west of Greenville
Avenue. The motion carried.
12. Conduct a Public Hearing and Adopt a Resolution Adopting the 2011-2012 Comprehensive
Annual Performance Evaluation Report (CAPER) 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.
With no one speaking, Mayor Terrell closed the public hearing
RESOLUTION NO. 312411-12(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2011-2012 COMPREHENSIVE ANNUAL
PERFORMANCE EVALUATION REPORT (CAPER); 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
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 27, 2012
PAGE
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Herald,
the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 3124 -I1 -
12(R), as previously captioned, approving the 2011-2012 Comprehensive Annual
Performance Evaluation Report (CAPER) for the Community Development Block Grant
program. The motion carried.
13. Conduct a Public Hearing and Adopt an Ordinance Amending Various Sections of the Allen
Land Development Code, Including Amending Appendix B "Filing Fees and Charges" and
Amending Sections 1.08; 2.03.3; 3.03; 4.06; 7.06.4; and 8.04 to Provide for Adoption of Various
Fees and Charges by City Council Resolution; Moving from Section 4.15.2 to Section 4.15.1
Language Authorizing Uncovered Front Porches and Uncovered Patios to Extend a Limited
Distance into the Front Yard in the R-1; R-1.5; R-2; R-3; R-4; R-5; R-6; and R-7 Zoning
Districts; Amending Section 6.06 and Adding a New Section 6.06.11, "Solar Panels," Providing
for Supplemental Use Regulations for Solar Panel Systems; Amending Section 7.03.4 Regarding
the Regulation of Outdoor Lighting; Amending Section 7.07.1 to Add an Exception to the
Prohibition of Fences and Walls in the Front Yard; Amending Section 8.05.1.7 Regarding the
Regulation of Driveway Cuts; Amending Section 8.11 Regarding the Regulation of Street
Lights; Amending Appendix A by Adding, Amending or Repealing Certain Definitions.
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. 3125-11-12: AN ORDINANCE AMENDING THE ALLEN LAND
DEVELOPMENT CODE, AS AMENDED, BY AMENDING SECTION 4.15.1 "GENERAL
HEIGHT AND AREA PROVISIONS" AND SECTION 4.15.2 SCHEDULE OF RESIDENTIAL
HEIGHT AND AREA REGULATIONS" RELATING TO AUTHORIZING UNCOVERED FRONT
PORCHES AND UNCOVERED PATIOS TO EXTEND A LIMITED DISTANCE INTO THE
FRONT YARD IN THE R-1, R-1.5, R-2, R-3, R-4, R-5, R-6 AND R-7 ZONING DISTRICTS; BY
AMENDING SECTION 6.06 "SUPPLEMENTAL USE REGULATIONS" AND ADDING A NEW
SECTION 6.0611 TITLED "SOLAR PANELS" PROVIDING FOR SUPPLEMENTAL USE
REGULATIONS FOR SOLAR PANEL SYSTEMS; BY AMENDING SECTION 7.03.4
"OUTDOOR LIGHTING" REGARDING THE REGULATION OF OUTDOOR LIGHTING; BY
AMENDING SECTION 7.07.1 "FENCES AND WALLS" TO ADD AN EXCEPTION TO THE
PROHIBITION OF FENCES AND WALLS IN THE FRONT YARD; BY AMENDING SECTION
8.05.1 "STREET DESIGN STANDARDS", SUBSECTION 7 "DRIVEWAY CUTS" REGARDING
THE REGULATION OF DRIVEWAY CUTS; BY AMENDING SECTION 811 "STREET
LIGHTS" REGARDING THE REGULATION OF STREET LIGHTS, BY AMENDING
APPENDIX A "DEFINITIONS" BY ADDING, AMENDING OR DELETING CERTAIN
DEFINITIONS, BY AMENDING SECTIONS 1.08; 2.03.3; 3.03; 406; 7.06.4; 8.04; AND
APPENDIX B "PILING FEES AND CHARGES" TO PROVIDE FOR PAYMENT OF VARIOUS
FEES AND CHARGES TO BE ADOPTED BY CITY COUNCIL RESOLUTION; 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 ($2,000 00) DOLLARS FOR EACH OFFENSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 27, 2012
PAGE 5
MOTION: Upon a motion made by Mayor Pro Tem Caplinger and a second by Councilmember
Obetmeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
3125-11-12, as previously captioned, approving the proposed amendments to the Allen Land
Development Code. The motion carried.
Other Business
14. Calendar.
• November 30 -City of Allen Christmas Tree Lighting, City Hall Civic Plaza, 7 p.m.
• December 1 -Rudolph Run, Downtown Allen, 7 a.m
• December 1- Kiwanis Pancake Breakfast, First Baptist Church, 7-11 a.m.
• December 2 — Rotary Christmas Parade, downtown Allen, 2 p.m
15. Items of Interest.
• The Allen Eagles next playoff Football game will be in Waco on December 1.
• The Church of Jesus Christ of Latter-day Saints will host its Christmas Nativity Exhibit on Friday,
November 30 and Saturday, December 1.
• Council recognized Boy Scouts from Troops 223 in attendance as a requirement for earning the
citizenship in community merit badge and from Troop 1334 in attendance for the communications
merit badge.
• Councilmember Herald expressed his appreciation to Mayor Terrell for attending the Eagle Scout
Court of Honor recently held for his son and several other Allen teens.
Executive Session
The Executive Session was not held.
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 7:50 p.m. on Tuesday, November 27, 2012. The motion carried.
These minutes approved on the I I" day of December, 2012.
APPROVED:
Awncmw
Stephen Terrell, MAYOR
ATTEST:
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Shelley B. GeorgeXITY SECRETARY