Min - City Council - 2015 - 01/13 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 13, 2015
Present:
Stephen Terrell, Mayor
Councilmembers:
Gary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Ross Obermeyer
Joev Herald
Robin L. Sedlacek
Bame Brooks
City Staff:
Peter H Vargas, City Manager
Shelli Siemer, Assistant City Manager
Eric Ellwanger, Assistant City Manager
Shelley B. George, City Secretary
Teresa Warren, Director, Public and Media Relations Office
Rebecca Vice, Assistant to the City Manager
Pete Smith, City 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 6:15 p in. on Tuesday, January 13, 2015, in the Council Conference Room of the
Allen City Hall, 305 Century Parkwav, Allen, Texas.
• Overview of Revised Agreement with Owners of Watters Creek Shopping Center
• Update Regarding Water and Sewer Rate Study, Lower Bois D'Arc Reservoir and Drought Status
• 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 7:00 p.m, on
Tuesday, January 13, 2015
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 7.05 p in. on Tuesday, January 13, 2015, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Alien, Texas.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 13, 2015 PAGE 2
1 Public Recoenition
Citizens' Comments.
• William Cook, 1701 Park Central Drive #1713, McKinney, Texas, addressed the Council
regarding the need for natural trail construction in Allen
• Nancy Madson, 1002 Hawthorne Drive, Allen. Texas, addressed the Council regarding the need
to honor the Allen Police Department.
Consent Ammda
The following item was removed from the Consent Agenda at the request of Mayor Terrell
6. Authorize the City Manager to Execute an Amended Sign Agreement with The Village at Allen
LP and The Village at Fairview LP for the Joint Use of a Digital Marquee.
MOTION: Upon a motion made by Councilmember Brooks and a second by Councilmember Herald, the
Council voted seven (7) for and none (0) opposed to adopt all remaining items on the Consent
Agenda as follows:
Approve Minutes of the December 9, 2014, Regular Meeting.
3. Adopt an Ordinance Approving and Enacting Supplement No. 11 to the Allen Land
Development Code.
ORDINANCE NO. 3269-1-15: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 11 TO THE ALLEN
LAND DEVELOPMENT CODE; PROVIDING FOR THE PRINTING THEREOF,
AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY;
PROVIDING A REPEAL OF CERTAIN ORDINANCES, PROVIDING EXCEPTIONS TO
REPEAL, PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING
AN EFFECTIVE DATE.
4. Adopt an Ordinance Approving and Enacting Supplement No. 11 to the Code of Ordinances.
ORDINANCE NO. 3270-1-15: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. I I TO THE CODE OF
ORDINANCES, PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE
MAYOR AND ATTESTATION BY THE CITY SECRETARY, PROVIDING A REPEAL OF
CERTAIN ORDINANCES, PROVIDING EXCEPTIONS TO REPEAL, PROVIDING A PENALTY
FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE
5. Adopt a Resolution Approving the Terms and Conditions of a Local Project Advance Funding
Agreement (LPAFA) with The State of Texas Acting by and through The Texas Department of
Transportation for Funding Stacy Road Improvements.
RESOLUTION NO. 3271-1-15(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH THE STATE OF
TEXAS ACTING BY AND T14ROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 13, 2015
PAGE
1 FOR FUNDING STACY ROAD IMPROVEMENTS, AND PROVIDING AN EFFECTIVE DATE.
7. Authorize the City Manager to Execute an Agreement with Graybar to Upgrade the UPS
Battery Back -Up System in the City Hall Data Center for an Amount Not to Exceed $55,066.77.
8. Authorize the City Manager to Execute a Four (4) Year Lease Agreement with CSI Leasing,
Inc., for Computer Equipment with a Total Principal and Interest Amount Not to Exceed
$85,920.
9. Award Bid and Authorize the City Manager to Execute an Annual Agreement for
Thermoplastic and Raised Pavement Markings with Action Services for an Amount Not to
Exceed $200,000.
10. Receive the Summary of Property Tax Collections as of November 2014.
The motion carried
Authorize the City Manager to Execute an Amended Sign Agreement with The Village at Allen
LP and The Village at Fairview LP for the Joint Use of a Digital Marquee.
Mayor Terrell noted that the Assignment clause of the Agreement had been updated to reflect the
current Company name
1 MOTION: Upon a motion made by Councilmember Herald and a second by Councdmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to authorize the City
Manager to Execute an Amended Sign Agreement with The Village at Allen LP and The
Village at Fairview LP for the Joint Use of a Digital Marquee. The motion carried.
Regular Agenda
it. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development
Code Amending Sec. 4.20.4 Adding "Private Park" as a Use, Amending 7.09 by Amending the
Definitions of "Vehicle Signs," and "Electronic Message Board;" and Amending Appendix A
by Amending Definition of "Park or Playground (Public)" and Adding Definition of "Private
Park.'
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. 3272-1-15: 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 4.20.4 "SCHEDULE OF PRINCIPAL USES"
BY ADDING THE USE "PRIVATE PARK" AND ESTABLISHING THE ZONING DISTRICTS
WHERE SUCH USE IS ALLOWED, ALLOWED BY SPECIFIC USE PERMIT, AND
PROHIBITED, AMENDING SECTION 7.09.2 "SIGN DEFINITIONS" BY AMENDING THE
DEFINITION OF THE PHRASES "VEHICLE SIGNS" AND "ELECTRONIC MESSAGE
BOARD;" AND AMENDING APPENDIX A "DEFINITIONS' BY AMENDING THE
DEFINITION OF "PARK OR PLAYGROUND (PUBLIC)" AND ADDING THE DEFINITION OF
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 13, 2015
PAGE 4
1 "PRIVATE PARK,' 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) DOLLARS
FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Caplinger and a second by Counedmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance
No. 3272-1-15, as previously captioned, amending the Allen Land Development Code as
proposed The motion carried.
12. Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning to Community
Facility "CF" for Public Park Use for Properties Zoned Planned Development No. 72 for
Residential "R-5" Use, Planned Development No. 98 for Residential "R-4" Use, Planned
Development No. 109 for Residential "R-5" Use, Planned Development No. 58 for Shopping
Center "SC" Use, Planned Development No. 58 for Light Industrial "LI" Use, Planned
Development No. 63 for Commercial Corridor "CC" Use, and Planned Development No. 63 for
Multi -Family "MF" Use, Light Industrial "LI" Use, and Garden Office "GO" Use, Planned
Development No. 54 for Garden Office "GO" Use and Agricultural and Open Space "AO" Use
Known as Watters Branch Community Park, Rowlett Creek Park, Allen Historic Dam, Custer-
Ridgeview Park, Bolin Park and Molsen Farms.
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. 3273-1-15: 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 CITY -OWNED PROPERTY COMMONLY KNOWN AS ALLEN HISTORIC
DAM, BOLIN PARK, CUSTER-RIDGEVIEW PARK, MOLSEN FARMS, ROWLETT CREEK
PARK, AND WATTERS BRANCH PARK, MORE PARTICULARLY DESCRIBED IN SECTION
ONE, HEREOF, FROM PLANNED DEVELOPMENT NO. 58 FOR SHOPPING CENTER "SC"
USE, PLANNED DEVELOPMENT NO 54 FOR GARDEN OFFICE "GO" USE, PLANNED
DEVELOPMENT NO 63 FOR COMMERCIAL CORRIDOR "CC" USE, AND PLANNED
DEVELOPMENT NO. 63 FOR MULTI -FAMILY "MF" USE, LIGHT INDUSTRIAL "LI" AND
GARDEN OFFICE "GO", AGRICULTURAL AND OPEN SPACE "AO", PLANNED
DEVELOPMENT NO. 98 FOR RESIDENTIAL "R-4" USE, AND PLANNED DEVELOPMENT
NO. 109 FOR RESIDENTIAL "11-5" USE, AGRICULTURAL AND OPEN SPACE "AO" AND
PLANNED DEVELOPMENT NO 72 FOR RESIDENTIAL "R-5" USE, RESPECTIVELY, TO
COMMUNITY FACILITY "CF" FOR PUBLIC PARK USE; 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 Obermeyer and a second by Councilmember
Herald, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No 3'_'73-1-
15, as previously captioned, to change the zoning of various park facilities to Community
Facility "CF" for Public Park use. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 13, 2015
PAGE 5
13. Conduct a Public Hearing and Adopt an Ordinance to Create Planned Development No. 119,
for Single Family Residential R-6 Uses, and Approve a Concept Plan, Building Elevations and
Development Regulations for Lot 1, Block A, Fellowship Christian Center Church Addition,
Generally Located Northeast of Malone Road and Lake Travis Drive. [Malone Meadows[
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 spoke in opposition to the request.
Greg Myers, 1613 Lake Travis Drive, Allen, Texas;
Asghar Afgham, 503 S. Malone Road, Allen, Texas;
Bron Davies, 1627 Lake Travis Drive, Allen, Texas,
Steve Sterling, 8 Highpoint Drive, Allen, Texas;
ET Boon, 1 I Highpoint Drive, Allen, Texas;
Gayle Boon, I I Highpoint Drive, Allen, Texas,
Eric Ruiz, 1608 Balboa Lane, Allen, Texas,
Eric Free, The Orchards HOA President, 1627 Balboa Lane, Allen, Texas,
Marietta Sterling, 8 Highpoint Drive, Allen, Texas,
Bill Beaty, 405 S. Malone Road, Allen, Texas; and,
Stacy Davies, 1627 Lake Travis Dnve, Allen, Texas.
The following individuals spoke in support of the request:
W L. Stafford, Sr., property owner, 2144 Estes Park Court, Allen, Texas, and
Shane Jordan, proponent, 16475 Dallas Parkway, Suite 540, Addison, Texas.
Mayor Terrell closed the public hearing.
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 reopen and continue the Public Hearing
to the February 10, 2015, Regular Citv Council Meeting. The motion carried.
Other Business
14. Calendar.
• January 17, 2015 — City Council Strategic Planning Session, Hilton Garden Inn
15. Items of Interest. [Council announcements regarding local civic and charitable events, meetings
fundraisers, and awards
• Council wished happy birthday to Tim Dentler, Director of Parks and Recreation.
Executive Session
The Executive Session was not held
L
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 13, 2015
E
PAGE 6
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 9 16 p in on Tuesday, January 13, 2015. The motion earned.
These minutes approved on the 27' day of January 2015
ATTEST:
Shelley B. Geo, TRMC CITY S RETARY
F
P-
APPROVED:
Stephen Terrell, MAYOR