Min - City Council - 2015 - 04/14 - Regular1
Present:
Stephen Terrell, Mayor
Councilmembers:
Gary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Ross Oberrneyer
Joey Herald
Robin L. Sedlacek
Baine Brooks
City Staff:
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 14, 2015
Peter H 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
Rebecca Vice, Assistant to the City Manager
Pete Smith, City 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 27 p.m, on Tuesday, April 14, 2015, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Receive a Report on the Proposed New Regional Solid Waste System Contract with North Texas
Municipal Water District
• Updates from City Council Liaisons
• Questions on Current Agenda
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6.50 p.m. on
Tuesday, April 14, 2015.
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.m. on Tuesday, April 14, 2015, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 14, 2015 PAGE 2
1 Public Recoenition
1. Citizens' Comments.
Bonnie Borrello from the Allen Heritage Guild invited the community to see this year's exhibit "The
Railroad Ran Through and Created the Town of Allen" at the Allen Heritage Depot Museum The
exhibit is open now through August, every 2n° and 4" Saturday, from 10.00 a.m. to 2:00 p.m
2. Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Coach Jerry Best and the Allen High School Wrestling Team
Proclaiming 2015, as 'Allen Eagles Wrestling Team Year "
• Presentation of a Proclamation to the Keep Allen Beautiful Board Proclaiming April 18, 2015, as
"Great American Cleanup Day "
• Presentation of a Proclamation to Allison Harper, City of Allen Animal Control Supervisor,
Proclaiming April 12-18, 2015, as 'Animal Control Officer Appreciation Week "
• Presentation of a Proclamation to Shellie Taylor, City of Allen Public Safety Communication
Manager, Proclaiming April 12-18, 2015, as "Public Safety Telecomm nicators Week "
Consent Aeenda
Mayor Terrell removed the following agenda item from the Consent Agenda
15. Authorize the City Manager to Execute an Economic Development Incentive Agreement and
Civic Center Agreement with TCH Altera AHCC, L.P., for the Development, Construction and
Operation of a Full -Service Hotel Conference Center.
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 remaining items on
the Consent Agenda as follows
3. Approve Minutes of the March 24, 2015, Regular Meeting.
4. Approve Minutes of the April 6, 2015, TRIAD Meeting.
5. Adopt a Resolution Amending the City's Investment Policy Governing the Investment of
Municipal Funds.
RESOLUTION NO. 3289-4-15(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN AMENDED POLICY FOR THE
INVESTMENT OF MUNICIPAL FUNDS; DECLARING TI4AT THE CITY COUNCIL HAS
COMPLETED ITS REVIEW OF THE INVESTMENT POLICY AND INVESTMENT
STRATEGIES OF THE CITY AND THAT EXHIBIT "A" RECORDS ANY CHANGES TO
EITHER THE INVESTMENT POLICY OR INVESTMENT STRATEGIES, PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
6. Adopt a Resolution Authorizing the City Manager to Enter into a Sanitary Sewer Service
Agreement Between the City of Allen, the Town of Fairview, and Chase Oaks Church to
Provide Sewer Services to the Site of a New Church to be Constructed in Fairview.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 14, 2015
PAGE
RESOLUTION NO. 3290-4-15(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A
SANITARY SEWER SERVICE AGREEMENT BY AND BETWEEN THE CITY OF ALLEN,
TEXAS, THE TOWN OF FAIRVIEW, TEXAS, AND CHASE OAKS CHURCH; AUTHORIZING
THE ESTABLISHMENT OF SEWER SERVICE; AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER OR DESIGNEE, AND PROVIDING AN EFFECTIVE DATE.
7. Adopt a Resolution Accepting the Selective Traffic Enforcement Program (STEP) Grant from
the State of Texas, Department of Transportation, if Awarded.
RESOLUTION NO. 3291-4-15(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 N 2016-
ALLENPD-S-I YG-0075); AND PROVIDING AN EFFECTIVE DATE.
S. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or
Terminate a One -Year Grant from the State of Texas, Office of the Governor, Criminal Justice
Division to Fund a Family Violence Investigation and Prevention Officer.
RESOLUTION NO. 3292-4-15(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR
"FERMINATE GRANT 9 2780701, A GRANT FROM THE STATE OF TEXAS, OFFICE OF THE
GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A FAMILY
VIOLENCE INVESTIGATION AND PREVENTION OFFICER, IF AWARDED; AND
PROVIDING AN EFFECI"IVE DATE
9. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or
Terminate a Three -Year Grant from the United States Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance to Fund a Mental Health Coordinator.
RESOLUTION NO. 3293-4-15(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE POLICE DEPARTMENT TO
ACCEPT, REJECT, ALTER, OR TERMINATE A GRANT FROM THE DEPARTMENT OF
JUSI ICE, FOR A MENTAL HEALTH COORDINATOR, IF AWARDED; AND PROVIDING FOR
AN EFFECTIVE DATE
10. Adopt a Resolution Authorizing the City Manager to Enter into an Interlocal Agreement with
Texoma Area Paratransit System, Inc., for the Provision of Demand Response Transit Services
for the Elderly and Disabled.
RESOLUTION NO. 3294-4-15(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
TEXOMA AREA PARATRANSIT SYSTEM; AUTHORIZING THE PROVISION OF DEMAND -
RESPONSE TRANSIT SERVICES, AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 14, 2015
PAGE 4
11. Authorize the City Manager to Execute a Contract with Huitt-Zollars, Inc., in the Amount of
$83,270 for Design of the Cottonwood Creek Trail and Bank Restoration Project and Establish
an Initial Project Budget in the Amount of $100,000.
12. Authorize the City Manager to Execute a Facilities Agreement with Steeplecourt, LLC, and
Steeplechase Homeowners Association, Inc., Related to Maintenance of Non -Standard Street
Lights.
13. Motion to Approve the Real Estate Purchase Agreement Dated March 13, 2015, and Related
Financing for the Allen Economic Development Corporation's Purchase of 31.272 Acres,
Generally Located at the Southeast Corner of Chelsea Road and State Highway 121, from the
Simon Lebow Trust B for $6 Million.
14. Motion Consenting to the Assignment by the Simon Lebow Trust B to the Allen Economic
Development Corporation of the Dedication Agreement Dated May 12, 2011, Between the City
and Said Trust Regarding the Dedication of Right -of -Way for Chelsea Road.
The motion carried
15. Authorize the City Manager to Execute an Economic Development Incentive Agreement and
Civic Center Agreement with TCH Altera AHCC, L.P., for the Development, Construction and
Operation of a Full -Service Hotel Conference Center.
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 authorizing the City
Manager to execute an Economic Development Incentive Agreement and Civic Center
Agreement with TCH Altera AHCC, L P., for the development, construction and operation of
a full-service hotel conference center. The motion carried
Regular Agenda.
Councilmember Obermeyer filed an Affidavit of Conflict of Interest with the City Secretary and recused
himself from the Council dais for Agenda Item 16.
16. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of
Planned Development No. 54, and Adopt a Concept Plan and Building Elevations for a 5.37±
Acre Portion of Planned Development No. 54 Generally Located Southeast of the Intersection of
Alma Drive and Exchange Parkway. (Twin Creeks Marketplace - Streetlevel(
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 spoke in support of this item.
Dallas Cothrum, 900 Jackson Street, Suite 640, Dallas, Texas;
Maxwell Fisher, 900 Jackson Street, Suite 640, Dallas, Texas,
Louise Masters, 1542 Hickory Trail, Allen, Texas;
Anne Kuta, 5950 Berkshire, #700, Dallas, Texas;
David Hicks, 401 Woodlake, Allen, Texas; and,
Jed Dolson, 2805 Dallas North folhvay, Plana, Texas
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 14, 2015 PAGE 5
The following individuals spoke in opposition of this item
Greg Jacobs, 1421 Salado Drive, Allen, Texas; and,
Deborah A Jacobs, 1421 Salado Drive, Allen, Texas
The following individuals did not speak, but wished to record opposition to this item:
Freddie Kemp, Jr., 1214 Rio Grande Court, Allen, Texas, and,
Michael Mahan, 1102 Salado Drive, Allen, Texas submitted a letter in opposition
The following individual did not speak, but wished to record support for this item:
Mary S Vail -Grube, 918 Granger Drive, Allen, Texas
With no one else speaking, Mayor "Ferrell closed the public hearing.
ORDINANCE NO. 3295-4-15: 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, AND ADOPTING BUILDING ELEVATIONS
FOR A PORTION OF TRACT 15 OF PLANNED DEVELOPMENT PD NO. 54, SAID PORTION
BEING 5.37± ACRES OF LAND IN THE CATHERINE PARSONS SURVEY, ABSTRACT
NUMBER 711, 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
1 TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
MOTION: Upon a motion by Mayor Pro Tem Caplinger and a second by Councilmember Herald, the
Council voted six (6) for and none (0) opposed approving to adopt Ordinance No. 3295-4-15,
as previously captioned, to amend the development regulations of Planned Development No
54 and adopt a Concept Plan and Building Elevations for a 5.37+ acre portion of Planned
Development PD No. 54, generally located southeast of the intersection of Alma Drive and
Exchange Parkway, for Twin Creeks Marketplace-Streetlevel. The motion carried.
Councilmember Obermeyer returned to the Council dais.
17 Adopt a Resolution Amending Rates and Fees for The Courses at Watters Creek Golf Course.
RESOLUTION NO. 3296-4-IS(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING FEES AND CHARGES FOR THE
COURSES AT WAITERS CREEK GOLF COURSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION: Upon a motion made by Councdmember Sedlacek and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Resolution No.
3296-4-15(R), as previously captioned, amending rates and fees for The Courses at Watters
Creek Golf Course with the Parks and Recreation Board setting the rates and fees with the
proposed ranges The motion carried.
Other Business
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 14, 2015
1 18. Calendar.
• April 27 — May 5 — Early Voting Period for the May 9, General and Special Elections
• May 9 — Election Day for the May 9, General and Special Elections, 7 am — 7 p in
PAGE
19. Items of Interest [Council announcements regarding local civic and charitable events, meetings
fundraisers, and awards.]
Council wished happy 12'" birthday to Jack Major, Councdmember Obermeyer's grandson
Executive Session
The Executive Session was not held.
Adjournment
MOTION: Upon a motion made by Councdmember Herald and a second by Councdmember Kizer, the
Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 8:21 p.m. on Tuesday, April 14, 2015 The motion carried.
These minutes approved o,, the 28" day of April, 2015.
P
ATTEST:
Shelley B. George, RMC, CITY SECRETARY
�I
APPROVED:
Stephen Terrell, MAYOR