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Min - City Council - 2014 - 01/14 - RegularALLEN CITY COUNCIL I R Xtill Ili\ 1100A IDo IIU3ll JANUARY 14, 2014 Present: Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem 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 Eric Ellwanger, Assistant to the City Manager Pete Smith, City Attorney With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:15 p.m. on Tuesday, January 14, 2014, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Update Regarding Commercial Vehicle Enforcement • Update Regarding City Response to Ice Storm • 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 7:09 p.m on Tuesday, January 14, 2014. 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 7.12 p.m. on Tuesday, January 14, 2014, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Alleeiance Public Recoenition ALLEN CITY COUNCIL REGULAR MEETING JANUARY 14, 2014 1 1. Citizens' Comment. I PAGE 2 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: 2. Approve Minutes of the December 10, 2013, Regular Meeting. 3. Adopt an Ordinance Amending Chapter 10 of the Code of Ordinances, to Add Article V, Electioneering at Polling Locations. ORDINANCE NO. 3198-1-14: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES, TO ADD ARTICLE V, ELECTIONEERING AT POLLING LOCATIONS, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. 4. Authorize the City Manager to Purchase Grounds Equipment for the Parks and Recreation Department from Professional Turf Products and Poston Equipment Sales Through the Buyboard Cooperative Purchasing Agreement for an Amount Not to Exceed $76,885.18. 5. Award Bid and Authorize the City Manager to Execute a One -Year Contract with Two (2) Optional One -Year Renewals with Craig's Car Care of Lucas as the Primary Contracted Vendor for Service and Repair of City Vehicles in the Amount of $120,000.00, Kwik Kar of Allen as the Secondary Contracted Vendor for Oil Services in the Amount of $20,000, and The Auto Shop of Plano for Transmission Rebuild and Replacement in the Amount of $15,000.00 for a Total Amount Not to Exceed $155,000.00. 6. Award Bid and Authorize the City Manager to Execute a Primary Annual Contract for the Purchase of Custodial Services for the Allen Event Center with Able Building Maintenance in the Amount of $400,000.00 with the Option for Two One -Year Renewals, and Award Secondary Contract with Members Building Maintenance to be Utilized in the Event that Able Building Maintenance is Unable to Fulfill All or a Portion of the Contractual Obligations. 7. Authorize the City Manager to Execute a Contract with Tyler Technologies Inc. in the Amount of $1,816,928.82 for Administrative Systems Software for all City Administrative Functions. 8. Receive the Summary of Property Tax Collections as of November 2013. 9. Receive the Unaudited Financial Report as of September 30, 2013. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 14, 2014 PAGE 10. Conduct a Public Hearing and Adopt an Ordinance to Amend Planned Development No. 58 for a Grocery Store and Fueling Station Use on 14.48-+ acres of Land Located at the Northwest Corner of Greenville Avenue and Exchange Parkway. ]Grocery Anchor] Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. John Rose, 4215 Walnut Hill, Dallas, Texas, spoke in favor of the request. The following individuals did not speak but wished to record their support for the item: Thomas Faucher, 1900 Market Center Boulevard, Dallas, Texas Pat Ford, 1900 Market Center Boulevard, Dallas. Texas With no one else speaking, Mayor Terrell closed the public hearing ORDINANCE NO. 3199-1-14: 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 AMENDING THE DEVELOPMENT AND USE REGULATIONS FOR A 14.48± ACRE PORTION OF TRACT 5 OUT OF PLANNED DEVELOPMENT NO. 58 FOR SHOPPING CENTER `5C' ZONING TO AUTHORIZE THE PROPERTY TO BE DEVELOPED AND USED FOR A FUELING STATION IN ASSOCIATION WITH A GROCERY STORE USE UNDER CERTAIN CONDITIONS; AUTHORIZING THE DEVELOPMENT AND USE OF A CAR WASH AS AN ACCESSORY USE TO AN AUTHORIZED FUELING STATION UNDER CERTAIN CONDITIONS, ADOPTING DEVELOPMENT REGULATIONS,A CONCEPT PLAN, CONCEPTUAL LANDSCAPE PLAN, BUILDING ELEVATIONS, SCREENING WALL EXHIBIT AND INTERSECTION IMPROVEMENT 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 Herald and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3199-1-14, as previously captioned, to amend Planned Development No. 58 for a Grocery Store and Fueling Station use for 14.48± acres of land, located at the northwest corner of Greenville Avenue and Exchange Parkway The motion carried. 11. Conduct a Public Hearing and Adopt an Ordinance to Amend Planned Development No. 108 by Adopting a Concept Plan, Development Regulations and Building Elevations for 76.4-+ Acres of Land Located South of Exchange Parkway, West of Watters Road and East of Bray Central Drive. ]Village at 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. Charles Nies, 813 Glen Rose Drive, Allen, Texas With no one else speaking, Mayor Terrell closed the public hearing. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 14, 2014 PAGE ORDINANCE NO. 3200-1-14: 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 74.47± ACRES OUT OF THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, COLLIN COUNTY, TEXAS, DESCRBED IN EXHIBIT "A," ATTACHED HERETO, LOCATED IN AND SUBJECT TO THE DEVELOPMENT AND USE REGULATIONS OF DISTRICT "D" OF PLANNED DEVELOPMENT "PD" NO. 108, BY DESIGNATING THE PROPERTY AS "DISTRICT D-1" AND ADOPTING AMENDED DEVELOPMENT AND USE REGULATIONS FOR SAID PROPERTY; APPROVING A CONCEPT PLAN; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 Herald and a second by Councilmember Obermeyer, the Council voted five (5) for and two (2) opposed with Mayor Pro Tem Caplinger and Councilmember Sedlacek casting the negative votes, to adopt Ordinance No. 3200-1-14, as previously captioned, to amend Planned Development No. 108 by adopting a Concept Plan, Development Regulations, Building Elevations and various design plans for 76.4± acres of land, located south of Exchange Parkway and west of Watters Road, and east of Bray Central Drive for The Village at Twin Creeks with an amendment establishing a minimum dwelling unit size of 1,800 square footage for each product Type. The motion carried. 12. Conduct a Public Hearing and Consider a Request to Adopt an Ordinance to Amend the Use and Development Regulations of Planned Development No. 46 to Allow 5.176± acres Located at the Southwest Corner of Prestige Circle and Jupiter Road to be Developed and Used for an Assisted Living and Senior Independent Living Use. [CCC Senior Living Community[ 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. 3201-1-14: 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 AMENDING THE ZONING OF PLANNED DEVELOPMENT NO. 46 TO ALLOW THE PROPERTY DESCRIBED AS LOT 3B -R, BLOCK A, DEER CREST ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO BE DEVELOPED AND USED FOR AN ASSISTED LIVING AND SENIOR INDEPENDENT LIVING USE; ADOPTING A CONCEPT PLAN, DEVELOPMENT REGULATIONS, AND BUILDING ELEVATIONS, 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 Obermeyer and a second by Mayor Pro Tem Caplinger, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3201-1-14, as previously captioned, to amend Planned Development No. 46 to be developed and used for an Assisted Living and Senior Independent Living use for 5.176± acres located ALLEN CITY COUNCIL REGULAR MEETING JANUARY 14, 2014 PAGE 1 at the southwest corner of Prestige Circle and Jupiter Road for CCC Allen Senior Living Community The motion carried Other Business 13. Calendar. • January 25, 2014 — City Council Strategic Planning Session 14. Items of Interest. • On January 21, AISD will recognize the Allen Eagle Football State Champions at the AHS gym during halftime of Boys basketball game. Executive Session The Executive Session was not held Adiourn MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Rizer, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8:50 p.m. on Tuesday, January 14, 2014 The motion carried. These minutes approved on the 28"' day of January, 2014. ATTEST: C6 Shelley B. Geo , TRMC, CIT ECRETARY H APPROVED: Stephenfrerrell, MAYOR