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Min - City Council - 2013 - 06/11 - RegularALLEN CITY COUNCIL REGULAR MEETING JUNE 11, 2013 Present: Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro "fern Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Baine Brooks (absent) City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager (absent) Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office Eric Ellwanger, 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 6:25 p.m. on Tuesday, June 11, 2013, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Update on Status of Job Access Reverse Commute Grant and CCART Paratransit Service • 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 Tuesdav, June 11, 2013. Call to Order and Announce a Ouorom 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 7:04 p.m. on Tuesday, June 11, 2013, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition _ 1. Citizens' Comments ALLEN CITY COUNCIL REGULAR MEETING NNE Il, 2013 PAGE 2 1 Consent Azenda MOTION: Upon a motion made by Councdmember Herald and a second by Mayor Pro Tem Caplinger, the Council voted six (6) for and none (0) opposed to adopt the items on the Consent Agenda as follows 2. Approve Minutes of the May 28, 2013, Regular Meeting. 3. Adopt an Ordinance Approving Rate Schedule "RRM - Rate Review Mechanism" for Atmos Energy Corporation, Mid -Tex Division. ORDINANCE NO. 3152-6-13: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AND ADOPTING RATE SCHEDULE "RRM – RATE REVIEW MECHANISM" FOR ATMOS ENERGY CORPORATION, MID-TEX DIVISION, TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT, DECLARING AN EFFECTIVE DATE; AND REQUIRING DEL V ERY OF THIS ORDINANCE TO THE COMPANY AND ACSC LEGAL COUNSEL. 4. Adopt a Resolution Approving the Terms and Conditions of the Agreement for Furnishing and Installing Traffic Signal Equipment by a Municipality with the State of Texas Acting By and Through the Texas Department of Transportation for US 75 Traffic Signal Equipment at Bethany Drive, McDermott Drive, and Stacy Road and Establish a Project Budget in the Amount of $168,500. RESOLUTION NO. 3153-6-13(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE AGREEMENT FOR FURNISHING AND INSTALLING TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY WITH THE STATE OF TEXAS ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR REIMBURSEMENT OF THE COST OF FURNISHING AND INSTALLING TRAFFIC SIGNAL EQUIPMENT, AND PROVIDING AN EFFECTIVE DATE. 5. Authorize the City Manager to Execute an Annual Contract with G&K Services with Two Optional One -Year Renewals to Provide Rental of Work Uniforms for the City of Allen for an Estimated Annual Expenditure not to Exceed $65,000. 6. Award Bid and Authorize the City Manager to Execute the Purchase of HVAC Maintenance and Repair Services with Atlantis Services, Inc. in the Amount of $56,787 and With Aire Dynamics in the Amount of $9,312 for One Year with Two Optional One -Year Renewals. The motion carried Regular Aeenda _- 7. Adopt a Resolution Establishing Rates and Fees for Commercial and Residential Solid Waste, Recycling, and Household Hazardous Waste Services. ALLEN CITY COUNCIL REGULAR MEETING JUNE 11, 2013 PAGE 3 RESOLUTION. 3154-6-13(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES AND RATES FOR COMMERCIAL SOLID WASTE COLLECTION SERVICES, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) opposed to adopt Resolution No. 3154- E -13(R), as previously captioned, establishing rates and fees for commercial and residential solid waste, recycling, and household hazardous waste services The motion carried. S. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning for a 9.17± Acre Tract of Land Known as Lot 3, Block A, Texet Addition, Located West of Greenville Avenue and North of Ridgemont Drive, from Light Industrial "LP' to Heavy Industrial "HP'. 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. 3155-6-13: 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 BY CHANGING THE ZONING OF A 9.17± ACRE TRACT OF LAND, LOT 3, BLOCK A, OF THE TEXET ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B," ATTACHED HERETO; FROM LIGHT INDUSTRIAL "LF' TO HEAVY INDUSTRIAL "HF; 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 Herald and a second by Mayor Pro Tem Caplinger, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3155-6-13, as previously captioned, to change the zoning of a 9.17 ± acre tract of land, known as Lot 3, Block A, Texet Addition, from Light Industrial "Ll" to Heavy Industrial "HI" The motion carried. 9. Conduct a Public Hearing and Adapt an Ordinance to Change the Zoning of Lot 2, Block A, Auburn Springs Phase One, Located East of Angel Parkway and Approximately 600 Feet North of Main Street from Single Family Residential "R -T' to Community Facilities "CF". 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. 3156-6-13: 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 AMENDED, BY CHANGING THE ZONING OF LOT 2, BLOCK A, AUBURN SPRINGS PHASE ONE, AN ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AS DEPICTED IN EXHIBIT "A," ATTACHED HERETO, ALLEN CITY COUNCIL REGULAR MEETING JUNE 11, 2013 PAGE FROM SINGLE FAMILY RESIDENTIAL "R-7" TO COMMUNITY FACILITIES "CF'; 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 Obermeyer and a second by Councilmember Herald, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3156-6- 13, as previously captioned, to change the zoning of Lot 2, Block A, Auburn Springs Phase One, from Single Family Residential "R-7" to Community Facilities "CF" The motion carried. 10. Conduct a Public Hearing and Adopt an Ordinance to Amend Various Sections of the Allen Land Development Code, Including Section 4.10.6 "Residential Accessory Use Regulations"; Adding a New Section 6.06,12 "Veterinary Hospital, Clinic or Animal Boarding Facility" and Making Related Amendments to Section 6.06; Amending Section 8.13.11 "Stormwater Detention Facilities"; Amending Appendix F "Standard Construction Details: Paving", Appendix G "Storm Drainage and TxDOT Details" and Appendix H "Water Lines and Sanitary Sewer'; Amending the Definition of "Veterinary Hospital or Clinic" in Appendix A "Definitions"; and Amending Section 4.20.2 "Schedule of Principal Uses" and Section 4.20.4 "Schedule of Principal Uses Central Business District". 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. 3157-6-13: AN ORDINANCE AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING SECTION 4.10.6 "RESIDENTIAL ACCESSORY USE REGULATIONS" BY ADDING A NEW PARAGRAPH "Q" REGARDING THE REPAIR AND SALE OF CERTAIN MOTOR VEHICLES AS A HOME OCCUPATION; ADDING A NEW SECTION 6.06.12 "CERTAIN VETERINARY HOSPITALS, ANIMAL CLINICS, OR ANIMAL BOARDING FACILITIES" TO PROVIDE FOR SUPPLEMENTAL USE REGULATIONS FOR VETERINARY HOSPITALS, ANIMAL CLINICS, OR ANIMAL BOARDING FACILITIES AND MAKING RELATED AMENDMENTS TO SECTION 6.06, AMENDING SECTION 8.13.11 'STORMWATER DETENTION FACILITIES" REGARDING THE DESIGN AND MAINTENANCE OF CERTAIN STORMWATER DETENTION FACILITIES, AMENDING APPENDIX F "STANDARD CONSTRUCTION DETAILS. PAVING," APPENDIX G "STORM DRAINAGE AND TXDOT DETAILS," AND APPENDIX H "WATER LINES AND SANITARY SEWER", AMENDING THE DEFINITION OF "VETERINARY HOSPITAL OR CLINIC" IN APPENDIX A "DEFINITIONS" TO INCORPORATE THE BOARDING OF ANIMALS; AMENDING SECTION 4.20.2 "SCHEDULE OF PRINCIPAL USES" AND SECTION 4 20 4 "SCHEDULE OF PRINCIPAL USES CENTRAL BUSINESS DISTRICT" BY AMENDING THE USE "VETERINARY HOSPITAL OR CLINIC;" 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. ALLEN CITY COUNCIL REGULAR MEETING JUNE 11, 2013 PAGE MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Herald, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3157-6- 13, as previously captioned, to approve the proposed amendments to the Allen Land Development Code. The motion carried Other Business 11. Calendar. June 17, 24 - Summer Sounds Concert Series, Joe Farmer Recreation Center Amphitheater, 7pin. June 29 - Market Sheet Allen USA Celebration presented by Texas Health Allen, Celebration Park, 4 p.m. — 11 p.m. 12. Items of Interest. • Councilmember Herald wished a Happy 2l" Birthday to his son Jordan. • Council wished a Happy Birthday to Councilmember Sedlacek. • Council congratulated Mayor Terrell on his first grandson, Griffin Dean. • Council congratulated Mayor Terrell on becoming President of NCTCOG. • Council wished a Happy 42n' Wedding Anniversary to Councilmember Obermeyer and his wife. Council wished a Happy 38"i Wedding Anniversary to Mayor Terrell and his wife. Council recognized Boy Scouts from Troop 1299 in attendance as a requirement for earning their communications merit badge. Executive Session The Executive Session was not held. MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7:39 p.m. on Tuesday, lune 11, 2013. The motion carried. These minutes approved on the 25"i day of June, 2013. APPROVED: Stephen Terrell, MAYOR ATTEST: S6el�ey, C, CITY SE