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Min - City Council - 2013 - 02/26 - RegularALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 26, 2013 Present: Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Baine Brooks City stare 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 Whitt Wyatt, 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 6:17 p.m. on Tuesday, February 26, 2013, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Introduction of Stacy Gonzales, Keep Allen Beautiful Board Chairperson • Update Regarding the Lone Star Conference Men's and Women's Basketball Championship • Update Regarding the 2013 State Legislative Program for the City of Allen • 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 6:49 p.m, on Tuesday, February 26, 2013 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 7:03 p in. on Tuesday, February 26, 2013, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Allegiance 11 Public Recognition ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 26, 2013 PAGE 2 1 1. Citizens' Comments. 2. Recognition of Arbor Day Poster Contest Winners. • Kristella Bui, Norton Elementary, First place • Lara Bowden, Vaughan Elementary, Second place • Abby Johnson, Norton Elementary, Third Place 3. Presentation of a Proclamation to Coach Jerry Best and the Allen High School Wrestling Team Proclaiming 2013 as "Allen Eagles Wrestling Team Year. " J. Presentation of the Keep Allen Beautiful Board's Annual Report by Chairperson Stacy Gonzales. Consent Agenda MOTION: Upon a motion made by Councdmember 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: Approve Minutes of the February 12, 2013, Regular Meeting. 6. Adopt a Resolution Establishing the 2013 State Legislative Program for the City of Allen. RESOLUTION NO. 3136-2-13(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A STATE LEGISLATIVE PROGRAM, AND, PROVIDING AN EFFECTIVE DATE. 7. Adopt a Resolution Supporting the North Central Texas Council of Governments (NCTCOG) in Serving as the Designated Recipient of Enhanced Mobility for Seniors and Individuals with Disabilities Program (Section 5310) Funds in the Dallas -Fort Worth Metropolitan Area. RESOLUTION NO. 3137-2-13(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) IN SERVING AS THE DESIGNATED RECIPIENT OF THE FEDERAL TRANSIT ADMINISTRATION'S ENHANCED MOBILITY FOR SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAM (SECTION 5310) FUNDS IN THE DALLAS -FORT WORTH METROPOLITAN AREA. 8. Adopt a Resolution Authorizing the City's Bond Counsel, the City's Financial Advisor, and City Staff to Proceed with Arrangements for the Sale of General Obligation Bonds, Series 2013. RESOLUTION NO. 3138-2-13(R): A RESOLUTION APPROVING A DATE FOR THE SALE OF GENERAL OBLIGATION BONDS, AUTHORIZING APPROPRIATE PERSONNEL AND CONSULTANTS TO PROCEED WITH ARRANGEMENTS AND THE PREPARATION OF DOCUMENTS FOR THE ISSUANCE AND SALE OF SUCH BONDS AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. 9. Adopt a Resolution Ordering the May 11, 2013, General Election and Authorizing the City Manager to Enter into a Contract with the Elections Administrator of Collin County to Provide ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 26, 2013 PAGE 3 Joint Election Services with the Allen Independent School District and Collin County Community College District. RESOLUTION NO. 3139-2-13(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 11, 2013, FOR THE PURPOSE OF ELECTING THE CITY COUNCILMEMBER FOR PLACE NO. 4 AND 6; DESIGNATING LOCATION OF POLLING PLACE; ORDERING NOTICE OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION; AUTHORIZING EXECUTION OF JOINT ELECTION AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 10. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or Terminate a Three Year Grant from the State of Texas, Office of the Governor, Criminal Justice Division to Fund a Street Crimes Investigator. RESOLUTION NO. 3140-2-13(ft A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE GRANT 4 26895-01, A GRANT FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A STREET CRIMES INVESTIGATOR, IF AWARDED. IT. Authorize the City Manager to Execute a Facilities Agreement Between the City of Allen and Pegasus Ablon Land II, LLC as it Relates to the Ablon at Twin Creeks Development Northwest of Exchange Parkway and Bray Central Drive for the Purpose of Setting Forth Obligations Regarding the Mitigation of Protected Trees Being Removed from the Property. 12. Authorize the City Manager to Purchase a Lighting System from MUSCO Lighting for The Courses at Watters Creek Through the Local Government Purchasing Cooperative (Buy Board) in the Amount of $254,900. 13. Authorize the City Manager to Execute a Contract with Lantana Communications to Provide Hardware, Software and Desktop Phone Sets for the Allen Event Center and Upgrade the Avaya Desktop Phone Sets for City Hall, Central Fire, Police, and Municipal Court and Parks and Recreation Buildings at a Total Cost of $103,565.36. 14. Authorize the City Manager to Purchase Twenty (20) New Cisco Switches for the Desktop Phone Set Upgrade and Upgrade to the Phone System at the Allen Event Center from CDW-G in the Amount of $59,749.00. 15. Receive the Capital Improvement Program (CIP) Status Reports. 16. Receive the Summary of Property Tax Collections as of January 2013. The motion carried. 17.zY•P•Conduct a Public Hearing and Consider a Request to Amend Planned Development No. 54 for Industrial Technology IT to Allow a Day Care Use and Adopt a Concept Plan, Building ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 26, 2013 PAGE Elevations, and Development Regulations for Lot 2R -2E, Block G, Bray Central One Addition; Located South of Exchange Parkway and East of Watters Road. [Children's Lighthouse] 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. MOTION: Upon a motion made by Mayor Pro Tem Caplinger and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to deny the request to amend Planned Development No. 54 for Industrial Technology IT to allow a Day Care use and adopt a Concept Plan, building elevations, and development regulations for Lot 2R -2E, Block G, Bray Central One Addition for Children's Lighthouse. The motion carried. 18. Conduct a Public Hearing and Adopt an Ordinance for a Specific Use Permit for a Gymnastics and Sports Training Facility Use for Crossfit Ammo at 1201 E. Main Street, Suite 220. [Crossfit Ammo] 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. 3141-2-13: 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. 133 TO ALLOW A 1,870 SQUARE FOOT PORTION OF THE BUILDING LOCATED ON LOT 1, BLOCK A OF ALLEN HEIGHTS SHOPPING CENTER, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 1201 E MAIN STREET, SUITE #220, ALLEN, TEXAS) PRESENTLY ZONED PLANNED DEVELOPMENT NO I SHOPPPING CENTER `SC" TO BE USED FOR A GYMNASTIC AND SPORTS TRAINING FACILITY USE; PROVIDING 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 Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3141-2- 13, as previously captioned, for Specific Use Permit No. 133 for a Gymnastic and Sports Training Facility use for the property located at 1201 E Main Street, Suite 220 for Crossfit Ammo. The motion carried 19. Conduct a Public Hearing and Adopt an Ordinance for a Specific Use Permit for a Gymnastics and Sports Training Facility Use for Envy Cheer Located at 21 Prestige Circle. [Envy Cheer] 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. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 26, 2013 PAGE 5 ORDINANCE NO. 3142-2-13: 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. 134 TO ALLOW A 7,780 SQUARE FOOT PORTION OF THE BUILDING LOCATED ON TRACT G & H, ALLEN BUSINESS CENTRE, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 21 PRESTIGE CIRCLE, ALLEN, TEXAS,) PRESENTLY ZONED PLANNED DEVELOPMENT NO. 3 LIGHT INDUSTRIAL `LI" TO BE USED FOR A GYMNASTIC AND SPORTS TRAINING FACILITY USE; PROVIDING 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 Brooks and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3142-2-13, as previously captioned, for Specific Use Permit No. 134 for a Gymnastic and Sports Training Facility use for the property located at 21 Prestige Circle for Envy Cheer The motion carried. Other Business 20. Calendar. 1 • March 6-9 — Lone Star Conference Men's and Women's Basketball Tournament, Allen Event Center 21. Items of Interest. • Councilmember Sedlacek announced that the Allen Heritage Guild will have a meeting on February 27 at the Train Depot to honor the Rodenbaugh family for 50 years of support to the community, 6:30 p.m. • Councilmember Herald wished his daughter Sarah and son Andy a happy birthday 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 8:09 p.m. on Tuesday, February 26, 2013. The motion carried. H ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 26, 2013 PAGE 6 IThese minutes approved on the 12th day of March, 2013. ATTEST: Shelley B. George, , CITY PS.CRtTARY I r APPROVED: OPP Mo Steph r Terrell, MAYOR