Min - City Council - 2014 - 08/26 - RegularGary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Baine Brooks
City Staff;
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 26, 2014
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 (absent)
Joe Gorda, Attorney
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:22 p.m. on Tuesday, August 26, 2014, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Budget Workshop Follow Up Discussion
• Committee Updates from City Council Liaisons
o Council Nominating Committee
• Questions on Current Agenda
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:43 p.m. on
Tuesday, August 26, 2014.
Call to Order and Announce a Ouorum 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 7:02 p.m. on Tuesday, August 26, 2014, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
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
AUGUST 26, 2014
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 (absent)
Joe Gorda, Attorney
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:22 p.m. on Tuesday, August 26, 2014, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Budget Workshop Follow Up Discussion
• Committee Updates from City Council Liaisons
o Council Nominating Committee
• Questions on Current Agenda
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:43 p.m. on
Tuesday, August 26, 2014.
Call to Order and Announce a Ouorum 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 7:02 p.m. on Tuesday, August 26, 2014, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 26, 2014 PAGE 2
IPublic Recoenition
Citizens' Comments.
Bill Wilson, 215 Deer Creek Park Lane, Centerpoint, Texas, spoke to the Council and expressed
concern about his grandson's well-being.
Pat Ehmer, 1206 Monica Drive, Allen, Texas, spoke in opposition to Agenda Item 96.
Council recognized Brownies from Troop 559 and Girl Scouts from Troop 1530 in attendance to learn
about their local government.
Consent Aeenda
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 all items on the
Consent Agenda, as follows:
Approve Minutes of the August 12, 2014, Regular Meeting.
3. Adopt a Resolution Accepting the Selective Traffic Enforcement Program (STEP) Grant from
the State of Texas, Department of Transportation, if Awarded.
RESOLUTION NO. 3240-5-14/R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE STATE OF
TEXAS, TO ACCEPT THE TEXAS DEPARTMENT OF TRANSPORTATION SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM (STEP) GRANT (GRANT # 2015-ALLENPD-S-IYG-0078); AND
PROVIDING AN EFFECTIVE DATE.
Adopt a Resolution Approving the Financing by the Mesquite Health Facilities Development
Corporation of a Health Facility Located Within the City of Allen, Texas.
RESOLUTION NO. 3241-8-14(Rl: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE FINANCING BY THE MESQUITE
HEALTH FACILITIES DEVELOPMENT CORPORATION OF A HEALTH FACILITY LOCATED
WITHIN THE CITY OF ALLEN, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
Authorize Adopt a Resolution Authorizing the City Manager to Enter into an Interlocal
Agreement for Electronic Warrant Payment Services with the North Central Texas Council of
Governments (NCTCOG).
RESOLUTION NO. 3242-8-14(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 THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR ELECTRONIC WARRANT
PAYMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE.
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ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 26, 2014
PAGE
6. Authorize the City Manager to Execute an Amended and Restated Facilities Agreement with
Wretched Land, L.P. for Montgomery Boulevard and Watters Branch Creek Bridge and
Establish a Project Budget of $500,000 for the Construction of Montgomery Boulevard.
7. Award Bid and Authorize the City Manager to Execute a Contract with VA Construction,
Inc., for an Amount Not to Exceed $151,802 for the Construction of the Rowlett Creek Trail
Connection at Cumberland Crossing Phase V and Establish a Project Budget of $160,000.00.
8. Authorize the City Manager to Amend the Contract with United Healthcare (UHC) to Serve as
the City's Stop -Loss Insurance Carrier.
9. Authorize the City Manager to Enter into a Contract with McCreary, Veselka, Bragg, and
Allen, P.C. (MVBA) for Collection of Delinquent Municipal Court Fines and Fees.
10. Motion to Authorize the City Manager to Cast Votes and Sign the Ballot for the Texas
Municipal League Intergovernmental Risk Pool Board of Trustees Election.
11. Accept the Resignation of Lia Bai and Declare a Vacancy in Place No. 5 on the Library Board.
12. Receive the Capital Improvement Program (CIP) Status Reports.
13. Receive the Summary of Property Tax Collections as of July 2014.
The motion carried.
14. Conduct a Public Hearing on the Fiscal Year 2014-2015 City Budget as Required by Article IV,
Section 4.04 of the Allen City Charter.
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.
Mayor Terrell announced that the City Council will vote on the FY2015 budget at the
September 9, 2014, City Council meeting at 7:00 PM at Allen City Hall, 305 Century Parkway,
Allen, Texas.
15. Conduct a Public Hearing Regarding the Fiscal Year 2014-2015 City Tax Rate.
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 Councilmember Sedlacek and a second by Mayor Pro Tem
Caplinger, the Council voted seven (7) for and none (0) opposed to set the City Council
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 26, 2014
PAGE 4
meeting date of September 9, 2014, at 7:00 PM at Allen City Hall, 305 Century Parkway,
Allen, Texas, to vote on the proposed tax rate of 54.0 cents per $100 0£ the certified appraised
value for the Fiscal Year 2014-2015 budget. The motion carried.
16. Conduct a Public Hearing and Adopt an Ordinance for Specific Use Permit No. 140 for a
Gymnastics and Sports Training Facility Use for a Portion of the Property Generally Located
North of Bethany Drive and West of Prestige Circle Commonly Known as 7 Prestige Circle,
Suite 100. )Academy of Dance Arts)
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
Kathy Willsey, 4001 Brookwood Drive, McKinney, Texas, did not speak bust wished to record her
support for this item.
The following individuals spoke in support of this item:
Megan Buckland, 8508 Port Royal, McKinney, Texas;
James Goodman, 7 Prestige Circle, Allen, Texas.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3243-8-14: 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 GRANTING SPECIFIC USE PERMIT
NO. 140 TO ALLOW A 12,647 SQUARE FOOT PORTION OF THE BUILDING LOCATED ON
LOT IR -1, ALLEN BUSINESS CENTER, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 7
PRESTIGE CIRCLE, SUITE 100) PRESENTLY ZONED PLANNED DEVELOPMENT NO.3 FOR
LIGHT INDUSTRIAL "LP 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 Herald and a second by Councilmember Brooks, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance 3243-8-14, as
previously captioned, for Specific Use Permit SUP No. 140 for a Gymnastics and Sports
Training Facility for the property located at 7 Prestige Circle, Suite #100, for the Academy of
Dance Arts. The motion carried.
17. Conduct a Public Hearing and Adopt an Ordinance to Create a Planned Development and
Adopt Development Regulations, a Concept Plan and Building Elevations for the Property
Generally Located Northwest of the Intersection of Century Parkway and Millennium Drive.
)Allen Place Office Complex)
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
AUGUST 26, 2014
PAGE
ORDINANCE NO. 3244-8-14: 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 LOT
IAl AND LOT 2, BLOCK 2, MILLENRIM BUSINESS PARK, CITY OF ALLEN, COLLIN
COUNTY, TEXAS FROM LIGHT INDUSTRIAL (CONDITIONAL) "LI(C)" TO PLANNED
DEVELOPMENT NO. 117 WITH A BASE ZONING OF LIGHT INDUSTRIAL "LI'; 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 Mayor Pro Tem Caplinger and a second by Councilmember
Obenneyey the Council voted seven (7) for and none (0) opposed to adopt Ordinance 3244-
8-14, as previously captioned, to create a Planned Development and adopt development
regulations, a concept plan and building elevations for the property known as Lot IAl and
Lot 2, Block 2, Millennium Business Park, and generally located northwest of the intersection
of Century Parkway and Millennium Drive, for the Allen Place Office Complex with the
addition of enhanced landscaping along the western boundary of Lot 3. The motion carried.
18. Conduct a Public Hearing and Adopt An Ordinance to Amend the Development Regulations of
Planned Development No. 74 and Adopt a Concept Plan and Building Elevations for a 39.9±
Acre Property Generally Located Southwest of Bethany Drive and Montgomery Boulevard.
[Montgomery Ridge]
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 did not speak but wished to record their opposition to any delay in the
construction of the bridge along Montgomery Boulevard:
Clive Kim, 1224 Monica Drive, Allen, Texas 75013;
Adam Bielecki, Mattison Avenue, Allen, Texas 75013;
Roger Hall, 1232 Monica Drive, Allen, Texas 75013;
Leeann Hall, 1232 Monica Drive, Allen, Texas 75013;
Doug Walz, 608 Seeport, Allen, Texas 75013
Celeste Walz, 608 Seeport, Allen, Texas 75013
Gailon Brehm, Connemara Conservancy Foundation Trustee
Kirk Evans, Allen, Texas
Brad Nace, Allen, Texas
Ryan Mann, Allen, Texas
Scott White, 1125 Belvedere, Allen, Texas 75013
Valerie White, 1125 Belvedere, Allen, Texas 75013
Jim Oberholz, 1105 Newport, Allen, Texas 75013
Vanna Oberholz, 1105 Newport, Allen, Texas 75013
Pat Firmer, 1206 Monica Drive, Allen, Texas 75013
Dale Ehmer, 1206 Monica Drive, Allen, Texas 75013
Mike Shumsky, 1234 Monica Drive, Allen, Texas 75013
Cindy Shumsky, 1234 Monica Drive, Allen, Texas 75013
Marbrey Van Landingham, Allen, Texas
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 26, 2014 PAGE 6
IPeter Guggina, 1134 Nick Circle, Allen, Texas 75013
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With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3245-8-14: 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 DEVELOPMENT
REGULATIONS, ADOPTING A CONCEPT PLAN, ADOPTING A STREET CONCEPT PLAN
AND ADOPTING BUILDING ELEVATIONS FOR 39.9± ACRES OF LAND IN THE THOMAS
G. KENNEDY SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS.
WHICH PROPERTY IS LOCATED IN AND SUBJECT TO THE REGULATIONS OF PLANNED
DEVELOPMENT NO. 74; 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 Herald,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance 3245-8-14, as
previously captioned, to amend the development regulations of Planned Development No. 74
and adopt a Concept Plan and Building Elevations for a 39.9± acre property, generally
located southwest of Bethany Drive and Montgomery Boulevard, for Montgomery Ridge.
The motion carried.
19. Calendar.
• September 1 - City Facilities Closed in Observance of Labor Day
• September 9 - City Council will vote to approve the Proposed Fiscal Year 2014-2015 Budget, 7
p.m., Allen City Hall
• September 9 - City Council will vote to set the Proposed Fiscal Year 2014-2015 Tax Rate, 7
p.m., Allen City Hall
20. Items of Interest.
The Allen Eagles Football team plays its first game on Friday. August 29, 2014.
The Executive Session was not held.
Adjournment
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
IP Allen City Council at 8:31 p in on Tuesday, August 26, 2014. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 26, 2014 PAGE 7
These minutes approved on the day of September 2014,
I:VBY*UK
Shelley B. George, TkMC, CITY SECRVaARY
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APPROVED:
Stephen Terrell, MAYOR