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Min - City Council - 2014 - 09/09 - RegularALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 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 1 Eric Ellwanger, Assistant to the City Manager Pete Smith, City Attorney Workshoo 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 in on Tuesday, September 9, 2014, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas • Comprehensive Plan Update - Future Growth • Committee Updates from City Council • Questions on Current Agenda With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6.56 p.m, on Tuesday, September 9, 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 7:03 p.m, on Tuesday, September 9, 2014, in the Council Chambers of the Allen �n City Hall, 305 Century Parkway, Allen, Texas. !1 Pledge of Allegiance ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2014 1 1. Citizens' Comments. PAGE 2 Deidra Dennis, 206 Willow Creek Circle, Allen, Texas, expressed opposition to Agenda Item #5. Kathy Litinas, 306 Cordova Drive, Allen, Texas, representing Allen Philharmonic Symphony, along with Regina Taylor, Jim Waldbauer, and George Chrisman, encouraged support for the Get Up and Give North Texas program on September 18. 2. 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 Fifteenth Consecutive Year. Consent Aeenda Mayor Terrell removed the following item from the Consent Agenda. No action was taken on this item. 5. Adopt a Resolution in Support of a Constitutional Amendment )Proposition 11 for Increased State Funding for Transportation. MOTION: Upon a motion made by C'ounedmember I herald and a second by Councilmember Brooks, the Council voted seven (7) for and none (0) opposed to adopt the remaining items on the Consent Agenda, as follows 3. Approve Minutes of the August 22-24, 2014, City Council Budget Workshop. 4. Approve Minutes of the August 26, 2014, Regular Meeting. 6. Authorize the City Manager to Enter into an Interlocal Agreement with the City of Plano to Provide Employee Training Courses. 7. Award Bid and Authorize the City Manager to Execute a Contract with RUM EarthCo, Inc. for an Amount Not to Exceed $221,718.29 for the Reconstruction of Baseball Field No. 4 at Allen Station Park and Establish a Project Budget of $250,000.00. 8. Award Bid and Authorize the City Manager to Execute the Purchase of Utility Bill Printing, Mailing & Offset Printing Services with DataProse, LLC. for an Amount Not to Exceed $265,000 With the Option for Four (4), One -Year Renewals. 9. Award Bid and Authorize the City Manager to Execute a Contract with Lone Star Civil Construction Inc. in the Amount of $4,963,340.50 for Ridgeview Drive (Alma Drive through Stacy Road) Project and Amend the Project Budget Amount to $6,200,000. 10. Authorize the City Manager to Execute a Professional Service Contract with HVJ Associates, Inc. in the Amount of $63,538.00 for Construction Materials Testing for the Ridgeview Drive (Alma Drive through Stacy Road) Project. it. Accept Required Certifications from the Tax Assessor/Collector's Office Including the Certification of the Anticipated Tax Collections Rate for the 2014 Tax Year, the Certification of Excess Debt Collections for the 2013 Tax Year, and the 2014 Appraisal Roll. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2014 PAGE 3 12. Adopt a Resolution Reappointing Members to Fill Expiring Terms on the Board of Directors for Tax Increment Financing (TIF) Reinvestment Zone No. 1 (Garden District). RESOLUTION NO. 3246-9-14(Rl: A RESOLUTION OF THE CITY COUNCIL OF THE CITt OF ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 1, AND PROVIDING FOR AN EFFECTIVE DATE, 13. Accept Adopt a Resolution Reappointing Members to Fill Expiring Terms on the Board of Directors for Tax Increment Financing (TIF) Reinvestment Zone No. 2 (Central Business District). RESOLUTION NO. 3247-9-14(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 2, AND PROVIDING FOR AN EFFECTIVE DATE. The motion carried. 14. Adopt Ordinance Approving the Fiscal Year 2014-2015 Budget, Amending the Fiscal Year 2013-2014 Budget, and Approving the 2015-2019 Capital Improvement Program. ORDINANCE NO. 3248-9-14: 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, 2014, AND ENDING SEPTEMBER 30, 2015; 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, APPROPRIA"IING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET, PROVIDING FOR RECORDING OF THE ORDINANCE, PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFEC FIVE DATE. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3248-9-14, as previously captioned, approving the Fiscal Year 2011-2015 budget, amending the Fiscal Year 2013-2014 budget, and approving the 2015-2019 Capital Improvement Program. I he motion carried 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 ratty the increase in property tax revenues reflected in the Fiscal Year 2014-2015 budget The motion carried. 15. Adopt Ordinance Setting the Tax Rate for the 2014-2015 Fiscal Year Budget. ORDINANCE NO. 3249-9-14: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY TEXAS, LEVYING I HE AD VALOREM TAXES FOR THE TAX ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2014 PAGE 4 YEAR 2014 (FISCAL YEAR 2014-2015) AT A RATE OF $054000 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN AS OF JANUARY 1. 2014, 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 Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No 3249-9-14, as previously captioned, setting the tax rate for the 2014-2015 Fiscal Year. The motion carred. 16. Conduct a Public Hearing and Adopt an Ordinance to Create Planned Development No. 118 and Adopt Development Regulations, a Concept Plan and Building Elevations for a 35.07+ Acre Property, Generally Located Southwest of Stockton Drive and Curtis Lane. ]Keystone Park.] 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 Terre]I closed the public hearing. ORDINANCE NO. 3250-9-14: 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 7"HE ZONING OF 35.074± ACRES OF LAND IN THE JOHN FYKE SURVEY, ABSTRACT NUMBER 325, L.K. PEGUES SURVEY, ABSTRACT NUMBER 702 AND THE FC WILMETH SURVEY, ABSTRACT NUMBER 999, CITY OF ALLEN, COLLIN COUNTY, TEXAS, FROM MULTI- FAMILY RESIDENTIAL "MF -18" AND CORRIDOR COMMERCIAL "CC" TO PLANNED DEVELOPMENT NO 118 WITH A BASE ZONING OF SINGLE FAMILY RESIDENTIAL -R-7; 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 Obermayer and a second by Councilmember Herald. the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3250-9- 14, as previouslycaptioned, to create Planned Development No 118 and adopt development regulations, a concept plan and budding elevations for a 35.07+ acre property (generally located southwest of Stockton Drive and Curtis Lane) for Keystone Park. The motion carried. 17. Conduct a Public Hearing and Consider Amendments to Allen Land Development Code Sec. 4.20.4 "Schedule of Principal Uses Central Business District", Sec. 4.20.5 "Schedule of Accessory Uses Central Business District", Sec. 5.01 "Floodplain Hazard", Sec. 7.03.4 "Outdoor Lighting", Sec. 7.09.4 "Prohibited Signs", Sec. 7.09.11.1 - Table 7.22, "Temporary Signs", Sec. 8.04.1 "Clearing and Grading Permit" and Appendix A "Definitions" and Adopt an Ordinance. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2014 PAGE 5 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. 3251-9-14: AN ORDINANCE OF THE CITY COUNCIL OF THE Cl FY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS PREVIOUSLY AMENDED, BY AMENDING SECTION 420.4 "SCHEDULE OF PRINCIPAL USES CENTRAL BUSINESS DIS "TRIC?"TO REQUIRE SPECIFIC USE PERMITS BE OBTAINED FOR VARIOUS USES WITHIN THE CENTRAL BUSINESS DISTRICT WHICH ARE PRESENTLY PERMITTED USES; SECTION 5.01 "FLOODPLAIN HAZARD" BY AMENDING SECTION 5.01 1 RELATING TO THE PURPOSE FOR ADOPTING FLOODPLAIN HAZARD REGULATIONS, AMENDING SECTION 5 01 4 Bi ADDING A STATEMENT REGARDING THE LIMITED AFFECT OF THE CITY'S FLOODPLAIN REGULATIONS, AND AMENDING SECTION 5.017.2 TO ADD REGULATIONS RELATING TO LOCATION OF MANUFACTURED HOMES AND RECREATIONAL VEHICLES IN CERTAIN FLOOD ZONES; PARAGRAPH 83 OF SECTION 7.03.4 "OUTDOOR LIGHTING" RELATING TO PARKING LOT AND LOADING AREA LIGHTING FIXTURE STANDARDS; SECTION 8.04.1 "CLEARING AND GRADING PERMIT" BY DELETING PARAGRAPH "H" APPENDIX A "DEFINITIONS" BY AMENDING THE DEFINITIONS OF THE PHRASES "ACCESSORY STRUCTURE (RESIDENTIAL)," AND "DAY CARE. FACILITY;' AND ADDING A NEW DEFINITION FOR "PSYCHIC READER, FORTUNE TELLER, OR SPIRITUAL ADVISOR'% PROVIDING A CONFLICTS RESOLUTION CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT I"O EXCEED THE SUM OF TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE, 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 and none (0) opposed to adopt Ordinance 3251-9-14, as previously captioned, approving proposed amendments to the Allen Land Development Code with the addition that dry cleaning be a permitted use by Specific Use Permit, the deletion of Sections 5 and 6 of the ordinance, and deletion of the definition of a vehicular sign "Fhe motion carried 18. Consider Appointments to Fill Expiring Terms and Vacancies on the Following Boards, Commissions, Committees and Corporations: Animal Shelter Advisory Committee, Board of Adjustment/Building and Standards Commission/Sign Control Board, Central Business District Design Review Committee, Community Development Corporation Board, Convention and Visitors Bureau Advisory Board, Economic Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and Recreation Board, Planning and Zoning Commission, Public Art Committee, and Health Officer. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to accept the nominations presented by the Council Nominating Committee and that the slate of individuals nominated be appointed by acclamation to the designated places as follows Animal Shelter Advisory Committee Expiration Date Place No 2 Kathryn May September 30, 2016 Place No 4 Sheila Braunmg September 30. 2016 ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2014 Economic Development Corporation Expiration Date Place No. I Joey Herald September 30, 2017 Place No. Board of Adjustment/Building & Standards Commission/ September 30, 2017 Keep Allen Beautiful Sign Board Expiration Date Expiration Date 2 Place No. 2 Ken Barry September 30, 2016 4 Place No 3 Craig Gillis September 30, 2015 6 Place No 4 Deborah Angell Smith September 30, 2016 Alt. Place No. I Dan Metevier September 30, 2015 Larry Holley Alt. Place No 2 Bruce Howard September 30, 2016 4 Central Business District Design Review Committee Expiration Date Place No. Place No 2 Dwight Burns September 30, 2016 2016 Community Development Corporation and Zomne, Commission Expiration Date Place No. Place No. 2 George Chrisman September 30, 2016 2016 Place No. 4 Ron Alexander September 30, 2016 September 30, Place No. 6 Tommy Baril September 30, 2016 Michael Orr Convention and Visitors Bureau Advisory Board Expiration Date Public Art Committee Place No. 2 Stacy Polk September 30, 2016 I Place No.4 Tyrone Wilson September 30, 2016 Economic Development Corporation Expiration Date Place No. I Joey Herald September 30, 2017 Place No. 3 Jeff Burkhart September 30, 2017 Keep Allen Beautiful 4 Expiration Date Place No 2 Susan Frierott September 30, 2016 Place No. 4 Mardy Brown September 30, 2016 Place No. 6 Catherine Hawkins September 30, 2016 Library Board Expiration Date Place No 2 Dianne Knaack September 30, 2016 Place No 4 Richard Ackerman September 30, 2016 Place No 5 Kimberly Hinton September 30, 2015 Place No. 6 Devita Widmer September 30, 2016 Parks and Recreation Board Expiration Date Place No. 2 Larry Holley September 30, 2016 Place No 4 Rodrigo Vizcamo September 30, 2016 Place No. 6 John Holley September 30, 2016 Planning and Zomne, Commission Expiration Date Place No. 2 Luke Hollingsworth September 30, 2016 Place No.4 Jeff Cocking September 30, 2016 Place No. 6 Michael Orr September 30, 2016 Public Art Committee Expiration Date Place No. I Tod Raines September 30, 2015 Place No. 2 Sandy Wittsche September 30, 2016 Place No. 4 Jane Bennett September 30, 2016 PAGE 6 LI ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2014 PAGE 7 Place No. 6 Steve Benson September 30, 2016 City Health Officer Expiration Date Health Officer Dr John Connolly September 30, 2016 The motion carried 19. Motion to Confirm Appointments of Councilmembers as Liaisons to City Boards and Commissions as Nominated by Mayor Terrell. Mayor Terrell made the following nominations Mayor Pro Tem Caplinger Animal Shelter Adc]sory Committee, Council Liaison 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 confirm appointments of Councilmembers as Board Liaisons as recommended by Mayor Ferrell "I he motion carried Other Business 20. Items of Interest. Council wished happy birthday to Councilmember Kizer, Citv Attorney Smith and Mayor Terrell. Council encouraged citizens to learn more about the Get Up and Gne North Texas program. Board of Adjustment, Council Liaison Buildmg & Standards Commission, Council Liaison Sign Control Board, Council Liaison CBD Design Review Committee, Council Liaison Councilmember Kizer Council Finance/Audit Committee, Member Council Nominating Committee, Member Planning & Zoning Commission, Council Liaison Public Art Committee, Council Liaison Councilmember Obermeyer Council Nominating Committee, Member North Texas Municipal Water District, Council Liaison Councilmember Herald Keep Allen Beautiful, Council Liaison Libraq Board, Council Liaison Councilmember Sedlacek ACO Advisory Council, Member Convention and Visitors Bureau Advisory Board, Member Council Finance/Audit Committee, Member Council Nominating Committee, Member Councilmember Brooks Convention and Visitors Bureau Advisory Board, Member Council Finance/Audit Committee, Member Council Nominating Committee, Member Parks and Recreation Board, Council Liaison 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 confirm appointments of Councilmembers as Board Liaisons as recommended by Mayor Ferrell "I he motion carried Other Business 20. Items of Interest. Council wished happy birthday to Councilmember Kizer, Citv Attorney Smith and Mayor Terrell. Council encouraged citizens to learn more about the Get Up and Gne North Texas program. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 2014 PAGE 8 1 21. Calendar. Executive Session The Executive Session was not held. MOTION: Upon a motion made by Counedmember 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 C itv Council at 8.21 p.m. on Tuesday, September 9, 2014. The motion carred These minutes approved on the 23rd day of September 2014. ATTEST: Shelley B. George, C, CITY SE RETARY 1 "991T11Va)13 4XQM4zQP Step errell, MAYOR