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Min - City Council - 2013 - 09/10 - RegularGary L. Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Baine Brooks City Staff: ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2013 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 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 6.24 p m. on Tuesday, September 10, 2013, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Update regarding Job Access/Reverse Commute (JARC) Grant • 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 7'02 p.m. on Tuesday, September 10, 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 7:05 p.m. on Tuesday, September 10, 2013, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledge of Allegiance Public Recnenition I. Citizens' Comment 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 SEPTEMBER 10, 2013 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 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 6.24 p m. on Tuesday, September 10, 2013, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Update regarding Job Access/Reverse Commute (JARC) Grant • 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 7'02 p.m. on Tuesday, September 10, 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 7:05 p.m. on Tuesday, September 10, 2013, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledge of Allegiance Public Recnenition I. Citizens' Comment ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2013 PAGE The following individuals spoke about the upcoming North Texas Giving Day on September 19, 2013Kathy Litinas, representing the Allen Arts Alliance and Allen Philharmonic Orchestra, Regina Taylor, representing Allen Foundation for Schools, and Stacy Cooper, representing Allen Community Outreach. 2. Presentation of a Proclamation by the Office of the Mayor: • Presentation of a Proclamation to Representatives of the General Bernardo de Galvez Chapter of Daughters of the American Revolution Proclaiming September 17-23, 2013, as "Constitution Week. " • Presentation of a Proclamation to Representatives of the Caddo Nation of the Allen Indian Guides and Princesses Organization Proclaiming September 10, 2013, as "Allen Indict Guides and Princesses Day." 3. Recognition of the City of Allen Finance Department as a Recipient of the Distinguished Budget Presentation Award by the Government Finance Officers Association (GFOA) for the Fourteenth Consecutive Year. 4. Presentation by Judy Wharton, Book Discussions Coordinator for ALLen Reads, Regarding the 2013 ALLen Reads Program. 5. Allen Economic Development Performance Overview and Update by Elizabeth Morris, Insight Research Corporation. Consent Agenda 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 the items on the Consent Agenda as follows. 6. Approve Minutes of the August 27, 2013, Regular Meeting. 7. Approve Minutes of the August 23-25, 2013, City Council Budget Workshop. S. Adopt an Ordinance Approving and Enacting Supplement No. 10 to the Allen Land Development Code. ORDINANCE NO. 3165-9-13: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 10 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. 9. Adopt a Resolution Designating The Allen American as the Official Newspaper of the City of Allen for Fiscal Year 2013-2014. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2013 PAGE RESOLUTION NO. 3166-9-13(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE ALLEN AMERICAN AS THE OFFICIAL NEWSPAPER OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR FISCAL YEAR 2013-2014; AUTHORIZING THE CITY MANAGER TO CONTRACT WITH THE ALLEN AMERICAN; AND PROVIDING AN EFFECTIVE DATE. 10. Authorize the City Manager to Execute a Public Improvement Agreement with Allen Independent School District for a Traffic Signal at Watters Road and Bossy Boots Drive and Establish a Project Budget in the Amount of $150,000. it. Award Bid and Authorize the City Manager to Execute an Annual Contract with Two Optional One -Year Renewals for Mowing Maintenance Service for Parks, Medians, Municipal Properties and Greenbelts with Martin Property Maintenance, LLC for an Annual Amount of $821,589 and with Blade Turners Maintenance for an Annual Amount of $147,665. 12. Accept Required Certifications from the Tax Assessor/Collector's Office Including the Certification of the Anticipated Tax Collections Rate for the 2013 Tax Year, the Certification of Excess Debt Collections for the 2012 Tax Year, and the 2013 Appraisal Roll. 13. Accept the Resignation of Susan Bartlemay and Declare a Vacancy in Place No. 3 on the Allen Economic Development Corporation Effective September 30, 2013. The motion carried. Regular Agenda 14. Conduct a Public Hearing and Adopt an Ordinance to Approve a Site Plan for Bahama Bucks, Located at 715 East Main Strut. 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. 3167-9-13: 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 AMENDING ORDINANCE NO. 370- 10-81 ESTABLISHING PLANNED DEVELOPMENT NO. 5 FOR SHOPPING CENTER "SC" USES ("PD NO. 5") BY ADOPTING A SITE PLAN FOR THE USE AND DEVELOPMENT OF PROPERTY LOCATED WITHIN PD NO. 5 DESCRIBED AS LOT 2, BLOCK A, HI- LO/O'REILLY ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED $2000.00; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obenneyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3167-9-13, as previously captioned, to approve a Site Plan for Bahama Bucks, Lot 2, Block A, Hi-Lo/O'Reilly Addition, City of Allen, Collin County, Texas; located at 715 E Main Street. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2013 PAGE 4 15. Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning of 24.653± Acres Located at the Northwest Corner of Chaparral Road and Angel Parkway from Planned Development PD No. 65 for Shopping Center to Planned Development PD No. 65 for Single Family Residential R-6 Uses, and Adopt a Concept Plan, Development Regulations and Building Elevations. (Morgan Crossing Phase IV) 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. 3168-9-13: 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 AMENDING THE ZONING OF 24.653± ACRES IN THE DANIEL B. HEARNE SURVEY, ABSTRACT NO. 427, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM PLANNED DEVELOPMENT "PD" NO. 65 SHOPPING CENTER 'SC" TO PLANNED DEVELOPMENT "PD" NO. 65 FOR SINGLE FAMILY RESIDENTIAL "R-6", 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. 3168- 9-13, as previously captioned, to change the zoning of 24.653± acres situated in the Daniel B. Hearne Survey, Abstract No 427, City of Allen, Collin County, Texas; located at the northwest corner of Chaparral Road and Angel Parkway from Planned Development PD No. 65 for Shopping Center SC to Planned Development PD no. 65 for Single Family Residential R-6 uses, and adopt a Concept Plan, Development Regulations and Building Elevations for Morgan Crossing Phase 4. The motion carried. 16. Adopt an Ordinance Approving the Fiscal Year 2013-2014 Budget, Amending the Fiscal Year 2012-2013 Budget, and Approving the 2014-2018 Capital Improvement 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. ORDINANCE NO. 3169-9-13: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET, APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY, APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET, PROVIDING FOR RECORDING ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2013 PAGE 5 OF HIE ORDINANCE, PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the Council voted seven (7) for with Mayor Terrell, Mayor Pro Tem Caplinger, and Councilmembers Kizer, Obermeyer, Herald, Sedlacek and Brooks casting "for" votes and none (0) opposed to adopt Ordinance No. 3169-9-13, as previously captioned, approving the Fiscal Year 2013-2014 budget, amending the Fiscal Year 2012-2013 budget, and approving the 2014- 2018 Capital Improvement Program. The motion carried. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obermeyer, the Council voted seven (7) for with Mayor Terrell, Mayor Pro Tem Caplinger, and Councilmembers Kizer, Obermeyer, Herald, Sedlacek and Brooks casting "for' votes and none (0) opposed to ratify the increase in property tax revenues reflected in the Fiscal Year 2013- 2014 budget. The motion carried. 17 Adopt an Ordinance Setting the Tax Rate for the 2013-2014 Fiscal Year Budget. 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. 3170-9-13: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE TAX YEAR 2013 (FISCAL YEAR 2013-2014) AT A RATE OF $0.55000 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN AS OF JANUARY 1, 2013, TO PROVIDE REVENUE FOR THE PAYMENT OF CURRENT EXPENSES; PROVIDING FOR AN INTEREST AND SINKING FUND FOR ALL OUTSTANDING DEBT OF THE CITY OF ALLEN; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Caplinger and a second by Councilmember Herald, the Council voted seven (7) for with Mayor Terrell, Mayor Pro Tem Caplinger, and Councilmembers Kizer, Obermeyer, Herald, Sedlacek and Brooks casting "for' votes and none (0) opposed to approve that the property tax rate be increased by the adoption of a tax rate of 55.0 cents per $100 valuation of property, which is effectively a 2 69 percent increase in the tax rate and adopt Ordinance No. 3170-9-13, as previously captioned, setting that tax rate for the 2013-2014 Fiscal Year. The motion carried. Other Business 18. Calendar. September 14 — The Courses at Watters Creek Ribbon Cutting, 9 a.m. September 24 — Keep Allen Beautiful 2013 Educator Expo, 4 p.m - 6 p.m., Allen Senior Recreation Center. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2013 PAGE 6 19. Items of Interest. • Council wished a Happy Birthday to Mayor Terrell. Executive Session The Ekecutive Session was not held MOTION: Upon a motion made by Councilmember Kizer and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8:06 p.m. on Tuesday, September 10, 2013. The motion carried. These minutes approved on the 24" day of September, 2013. APPROVED: St a Terrell, MAYOR ATTEST: Shelley R. George, TRW, CITY SECRLIARRRY L