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Min - City Council - 2014 - 10/28 - RegularGary L Caplinger, May Pro Tem Kurt Kizer Ross Obermayer Joev Herald Robin L Sedlacek Baine Brooks City StafT: ALLEN CITY COUNCIL 17 �fM 1L1L1:�1i 1 II IY Y I�[EI OCTOBER 28, 2014 Peter 11 Vargas, City Manager Shelli Siemer, Assistant City Manager Eric Ellwanger, Assistant City Manager Shelley B. George, City Secretary' Teresa Warren, Director, Public and Media Relations Office 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, October 28, 2014, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen,'fexas • Discussion Regarding New Capital Improvement Bond Program • Update Regarding Renewal of the City's Tax Abatement Policy • 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 6.57 p.m. on Tuesday, October 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 7'00 p in on Tuesday, October 28, 2014, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Alleeiance Present: Stephen Terrell, Mayor Councilmembers: Gary L Caplinger, May Pro Tem Kurt Kizer Ross Obermayer Joev Herald Robin L Sedlacek Baine Brooks City StafT: ALLEN CITY COUNCIL 17 �fM 1L1L1:�1i 1 II IY Y I�[EI OCTOBER 28, 2014 Peter 11 Vargas, City Manager Shelli Siemer, Assistant City Manager Eric Ellwanger, Assistant City Manager Shelley B. George, City Secretary' Teresa Warren, Director, Public and Media Relations Office 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, October 28, 2014, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen,'fexas • Discussion Regarding New Capital Improvement Bond Program • Update Regarding Renewal of the City's Tax Abatement Policy • 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 6.57 p.m. on Tuesday, October 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 7'00 p in on Tuesday, October 28, 2014, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Alleeiance ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 28, 2014 1 Public Recoenition PAGE 1. Citizens' Comments. 2. Recognition of the Purchasing Division for Receipt of the 2014 Achievement of Excellence in Procurement Award. 3. Presentation of Proclamation by the Office of the Mayor: • Presentation of a Proclamation to Representatives of the Keep Allen Beautiful Board Proclaiming November 8,'_014, as Allen Recycles Day Consent Agenda MOTION: Upon a motion made by C'ouncilmember Obermeyer and a second by Councilmember Brooks, the Council voted seven (7) for and none (0) opposed to adopt all items on the Consent Agenda as follows 4. Approve Minutes of the October 14, 2014, Regular Meeting. 5. Approve Minutes of the October 6, 2014, TRIAD Meeting. 1 6. Adopt an Ordinance to Identify the City Contributions to the Texas Municipal Retirement System (TMRS) at the Actuarial Determined Rate. ORDINANCE NO. 3258-10-14: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE 111, TEXAS MUNICIPAL RETIREMENT SECTION, BY ADDING A NEW SECTION ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THE BENEFIT ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM ("TMRS-) AT THE ACTUARIALLY DETERMINED RATE OF I'O'FAL EMPLOYEE COMPENSATION: PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE Adopt a Resolution Requesting the Texas Department of Transportation Remove SH 5 (Exchange Parkway through Northern City Limit Line) From the State Highway System. RESOLUTION NO. 3259-10-14(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY "TEXAS, REQUESTING THE REMOVAL OF STATE HIGHWAY 5 (GREENVILLE AVENUE) FROM THE TEXAS HIGHWAY SYSTEM, AND PROVIDING FOR AN EFFECTIVE DATE. 8. Award Bid and Authorize the City Manager to Execute a Contract with Jim Bowman Construction Company, L.P., in the Amount of $1,037,663.25 for 2014 Street, Alley and Sidewalk Improvement Project (Various Locations) and Establish a Project Budget in the Amount of $1,236,932. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 28, 2014 PAGE 3 9. Adopt a Resolution Authorizing Execution of an Interlocal Agreement for the City of Allen to Obtain Funding from Collin County for Allen Public Library Services in Fiscal Year 2015 for an Amount of $45,900.77. RESOLUTION NO. 3260-10-14(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTER -LOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN AND COUNTY OF COLLIN, TEXAS, FOR THE FUNDING OF LIBRARY SERVICES, AUTHORIZING ITS EXECUTION BY TI4L CITY MANAGER OR DESIGNEE, AND PROVIDING AN EFFECTIVE DATE 10. Authorize the City Manager to Execute a Professional Services Agreement Renewal with Golf Resources Management, Inc., for Consulting Services at The Courses at Watters Creek. IL Authorize the City Manager to Amend the Contract for the Annual Maintenance and Repair of Fire Department Apparatus with Siddons-Martin Emergency Group on an As -Needed Basis for an Amount Not to Exceed $100,000. 12. Adopt a Resolution Renewing and Extending the Policy Statement for Tax Abatement Guidelines for the City of Allen. RESOLUTION NO. 3261-10-14(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING AN AMENDED POLICY STATEMENT FOR TAX ABATEMENT GUIDELINES; AND PROVIDING AN EFFECTIVE DATE. 13. Receive the Capital Improvement Program (CIP) Status Reports. 14. Receive the Summary of Property Tax Collections as of September 2014. The motion carried 15. Conduct a Public Hearing and Adopt an Ordinance Amending Planned Development PD No. 58 by Amending the Development Regulations, and Adopting a Concept Plan and Building Elevations to Allow a Daycare Use and Limiting the Uses of Drive-thru Restaurants on 5.8t Acre Property Located at the Northeast Corner of Exchange Parkway and US 75. (Children's Learning Adventure Ma} or Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. The follow mg individuals spoke in opposition to the request Kurt Hudson, 1912 Saint Johns' Avenue. Allen, I exas, Malak Agha, 1223 N. Alma Drrve, Allen, Texas, and, Mike Barrack, 1280 Central Expressway North, Allen, Texas, The following individuals did not speak but wished their opposition be recorded Amanda Snowman. 1695 E Exchange Parkway, Allen, Texas, ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 28, 2014 PAGE 4 Fadi EI Nachar, 1223 N Alma Drive, Allen, Texas, and, Tamer EI Savvy, 1223 N Alma Drive, Allen, Texas. With no one else speaking, Mayor Terrell closed the public hearing ORDINANCE NO. 3262-10-14: 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 DEVELOPMEN"F REGULATIONS, ADOPTING A CONCEPT PLAN, AND ADOPTING BUILDING ELEVATIONS FOR A PORTION OF TRACT I OF PLANNED DEVELOPMENT PD NO. 58, SAID PORTION BEING 5.814± ACRES OF LAND IN THE L.K. PEGUES SURVEY, ABSI RAC F NUMBER 702, CITY OF ALLEN, COLLIN COUNTY, TEXAS, 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 Herald and a second by Mayor Pro Tem Caplinger, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3262-10-14, as previously captioned, amending the development regulations of Planned Development No 58 with the modified western screening wall subject to the Community Development Director's approval and adopt a revised Concept Plan and the Budding Elevations for a 5 8± acre 1 proper±} generally located east of US Highway 75 and north of Exchange Parkway for Children's Leaming Adventure The motion carried 16. Conduct a Public Hearing and Adopt an Ordinance Amending the Development Regulations of Planned Development No. 112 as it Specifically Relates to Section J (Garage Orientation), Section K (Garage Setback), and Exhibit "E" (Lot Detail) for 79.6± Acres of Property Located North of McDermott Drive and East of Custer Road. ]Cypress Meadows] Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this dem to do so at this time. With no one speaking, Mayor Terrell closed the public hearing ORDINANCE NO. 3263-10-14: 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 OF PLANNED DEVELOPMENT "PD" NO. 112 RELATING TO GARAGE ORIENT"ATION, GARAGE SETBACK, AND LOT DETAIL AS ADOPTED IN ORDINANCE NO 3145-3-13; 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 Councilmember 1 Brooks, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No 3263- 10-14, as previously captioned, amending the development regulations of Planned Development No. 112 for Cypress Meadows The motion carried. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 28, 2014 1 Other Business 16. Calendar. 17. Items of Interest. Council wished happl birthday to Councilmember herald and Philip Obermeyer The Fxecuttve Session was not held. Adjournment PAGE 5 MOTION: Upon a motion made by Couneilmember herald and a second b}Counedmember Brooks, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8 32 p.m, on Tuesday, October 28, 2014. The motion carried. These minutes approved on the I In' day of November 2014. F ATTEST: C I 11 �\ /1/1�" X�, elley B. Geo RMC, CIT CRETARY L APPRO Stephen Terrell, MAYOR