Min - City Council - 2014 - 01/28 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 28, 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
Workshop Session
With a quornm 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, January 28, 2014, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Update Regarding the Status of the Job Access/Reverse Commute (JARC) Program
• Update Regarding the Griffins Management Group Ground Lease
• 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 28, 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 7:04 p.m. on Tuesday, January 28, 2014, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Allegiance
Public Recognition
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 28, 2014
1 1. Citizens' Comment.
PAGE
Present a Plaque -of -Appreciation to Former Commissioner Robert Wendland for his Service
on the Planning and Zoning Commission from 2002-2014.
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.
Approve Minutes of the January 14, 2014, Regular Meeting.
Adopt a Resolution Authorizing the City Manager to Enter into an Interlocal Agreement
Between the City of Allen and North Texas Municipal Water District Concerning
Reimbursement for the Incremental Cost of Upgraded Screening Walls.
RESOLUTION NO. 3202-1-14(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND
NORTH TEXAS MUNICIPAL WATER DISTRICT CONCERNING REIMBURSEMENT FOR
INCREMENTAL COST OF UPGRADED SCREENING WALLS, AUTHORIZING ITS
1 EXECUTION BY THE CITY MANAGER OR DESIGNEE, AND PROVIDING AN EFFECTIVE
DATE.
5. Authorize the City Manager to Execute a Facilities Agreement with Onyx Builders, LLC and
Cottonwood Creek Master Homeowners, Inc. Related to Maintenance of Non -Standard Street
Lights.
6. Authorize the City Manager to Execute a Facilities Agreement with Cumberland Crossing
Chase V, Ltd., and Cumberland Crossing Homeowners, Inc. Related to Maintenance of Non -
Standard Street Signs and Street Lights.
7. Authorize the City Manager to Execute a Facilities Agreement with JBGL Chateau LLC, and
Allen Cypress Meadows Homeowners, Inc. Related to Maintenance of Non -Standard Street
Signs and Street Lights.
8. Authorize the City Manager to Execute an Amendment to the Professional Services Agreement
for Consulting Services with GRI Management, Inc. at The Courses at Watters Creek
9. Award Bid and Authorize the City Manager to Execute a Three (3) Year Contract with Grande
Communications for Telephone Trunk, Fiber and Wire Line Services in the Amount of
$410,040.
10. 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 of $204,000.
® 11. Accept the Resignation of Robert Wendland and Declare a Vacancy in Place No. 6 on the
Planning and Zoning Commission.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 28, 2014 PAGE 3
1 12. Set August 22-24, 2014, as the Dates for the City Council Budget Workshop with City Council
and Executive Staff.
13. Receive the Capital Improvement Program (CIP) Status Reports.
14. Receive the Summary of Property Tax Collections as of December 2013.
The motion carried.
Repular Agenda
Mayor Terrell moved to Agenda Item 18
18. Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning of the Property
Described as Cottonwood Business Park; Located East of Jupiter Road and South of Park Place
Drive, from Light Industrial to a Planned Development for Single Family Residential "R-7.
Cottonwood Crossing). Applicant has requested this item be continued to February 11, 2014.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
MOTION: Upon a motion made by Mayor Pro Tem Caplinger and a second by Councilmember
Sedlacek, the Council voted seven (7) for and none (0) opposed to continue the public
hearing on this item to the February 11, 2014, regular meeting. The motion carried.
Mayor Terrell moved to Agenda Item 15.
15. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of
Planned Development No. 54 for Corridor Commercial Relating to Lot 2-1, Block F, Bray
Central Addition; Located West of US Hwy 75/Central Expressway and North of Village Way,
to Allow the Property to be Developed and Used as a Hotel and Adopt a Concept Plan,
Landscape Plan and Building Elevations. (Hyatt Allen Place)
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
V lad Gritsman, 1325 Kingsley Court, Allen, Texas, spoke in opposition to the item.
Charles D. Daniels, 711 Featherbrook Court, Allen, Texas, spoke in opposition to the item.
1
The following individuals did not speak but wished to record their opposition to the item:
Brian Elliott, 709 Featherbrook Court, Allen, Texas
Laurie Resnikoff, 709 Featherbrook Court, Allen, Texas
Keith Thompson, 716 Featherbrook Court, Allen, Texas
Susan Thompson, 716 Featherbrook Court, Allen, Texas
Terry Lawson, 706 Featherbrook Court, Allen, Texas
Betty Lawson, 706 Featherbrook Court, Allen, Texas
Jennifer Fukushige, 714 Featherbrook Court, Allen, Texas
Kotaro Fukushige, 714 Featherbrook Court, Allen, Texas
MOTION: Upon a motion made by Mayor Pro Tem Caplinger and a second by Councilmember
Sedlacek, the Council voted seven (7) for and none (0) opposed to continue the public
hearing on this item to the February 11, 2014, regular meeting. The motion carried.
Mayor Terrell moved to Agenda Item 15.
15. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of
Planned Development No. 54 for Corridor Commercial Relating to Lot 2-1, Block F, Bray
Central Addition; Located West of US Hwy 75/Central Expressway and North of Village Way,
to Allow the Property to be Developed and Used as a Hotel and Adopt a Concept Plan,
Landscape Plan and Building Elevations. (Hyatt Allen Place)
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
V lad Gritsman, 1325 Kingsley Court, Allen, Texas, spoke in opposition to the item.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 28, 2014 PAGE 4
The following individual did not speak but wished to record her opposition to the item:
Jenny Hansen, 455 Central Expressway North, Allen, Texas
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3203-1-14: 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. 54 FOR CORRIDOR COMMERCIAL "CC" TO ALLOW THE
PROPERTY DESCRIBED AS LOT 2-1, BLOCK F, BRAY CENTRAL ADDITION, CITY OF
ALLEN, COLLIN COUNTY, TEXAS, TO BE DEVELOPED AND USED FOR A HOTEL USE;
ADOPTING A CONCEPT PLAN, LANDSCAPE 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 Sedlacek and a second by Councilmember Brooks,
the Council voted six (6) for and one (1) opposed with Councilmember Herald casting the
negative vote, to adopt Ordinance No. 3203-1-14, as previously captioned, to amend Planned
Development No. 54 Corridor Commercial Relating to Lot 2-1, Block F, Bray Central
Addition, Located West of US Hwy 75/Central Expressway and North of Village Way, to
1 Allow the Property to be Developed and Used as a Hotel and Adopt a Concept Plan,
Landscape Plan and Building Elevations. The motion carried.
16. Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning of Lots 1 and 2,
Block A, Downing Estates; Located South of Stacy Road, North of Monaco Drive, and Between
Goodman Drive and Prescott Road, from Single Family Residential "R-3" to a Planned
development with a Base Zoning of Single Family Residential "R-6" and Adopt a Concept Plan,
Development Regulations and Building Elevations. The Enclave
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
Tom Karst, 1813 Reynolds Court, Allen, Texas, spoke in support of the item.
Jeff Shetterly, 1814 Reynolds Court, Allen, Texas, spoke in support of the item.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3204-1-14: 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 CHANGING THE ZONING OF LOTS
1 AND 2, BLOCK A, DOWNING ESTATES, CITY OF ALLEN, COLLIN COUNTY, TEXAS,
FROM SINGLE FAMILY RESIDENTIAL `R-3" TO PLANNED DEVELOPMENT NO. 114 WITH
A BASE ZONING OF 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.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 28, 2014
PAGE 5
1 MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
3204-1-14, as previously captioned, to amend Planned Development No. 114 by adopting a
Concept Plan, Development Regulations, Building Elevations and various design plans for
Lots I and 2, Block A, Downing Estates located south of Stacy Road, north of Monaco Drive
and between Goodman Drive and Prescott Road. The motion carried.
17. Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning of a 3.755± Acre
Portion of Lot 59, Block 11, Walden Park Estates Addition; Located East of Greenville Avenue
and South of High Meadow Drive, from Local Retail to a Planned Development with a Base
Zoning of Community Facilities for an Assisted Living/Memory Care Use and Adopt a Concept
Plan, Development Regulations, and Building Elevations. [Avalon Homes
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
Jim Morrison, 811 W. Concord Lane, Allen, Texas, spoke in support of the item
The following individual did not speak but wished to record her support for the item:
Judy Morrison, 811 W. Concord Lane, Allen, Texas
The following individual did not speak with wished to record his opposition to the item:
Terry Tate, 807 W. Concord Lane, Allen, Texas
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3205-1-14: AN ORDINANCE OF THE CITY COUNCIL OF THE CH Y OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
AND ZONING MAP, AS PREVIOUSLY AMENDED, BY CHANGING THE ZONING OF A
3.755± PORTION OF LOT 59, BLOCK 11, OF THE WALDEN PARK ESTATES ADDITION,
CITY OF ALLEN, COLLIN COUNTY, TEXAS FROM LOCAL RETAIL "LR" TO PLANNED
DEVELOPMENT NO. 115 WITH A BASE ZONING OF COMMUNITY FACILITIES "CF",
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.
3205-1-14, as previously captioned, to amend Planned Development No. 115 to change the
zoning of a 3 755± acre portion of lot 59, block 11, Walden Park Estates Addition, located
east of Greenville Avenue and South of High Meadow Drive for an Assisted Living/Memory
Care use and adopting a Concept Plan, Development Regulations, Building Elevations. The
motion carred.
19. Adopt a Resolution Implementing the Water and Sewer Rate Increases Recommended for
Fiscal Year 2013-2014 by the Water and Sewer Multi -Year Financial Plan and Rate Design
Study.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 28, 2014
PAGE
1 RESOLUTION NO. 3206-1-14(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING SANITARY SEWER CHARGES
AND WATER SERVICE CHARGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Herald,
the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 3206-1-14(R),
as previously captioned, implementing the Water and Sewer Rate increases recommended for
Fiscal Year 2013-2014 by the Water and Sewer Multi -Year Financial Plan and Rate Design
Study. The motion carried.
Other Business
20. Calendar.
21. Items of Interest.
• The Annual Fire and Police Hockey game is set for Saturday, February 1 at 5:05 p.m. at the Allen
Event Center,
Executive Session
1 The Executive Session was not held.
A Aim.we
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 8:35 p.m on Tuesday, January 28, 2014. The motion carried.
These minutes approved on the I I" day of February, 2014.
APPROVED:
Stephen rrell, MAYOR
ATTEST:
Shelley B. Geo , TRMC, CITY CRETARY