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Min - City Council - 2015 - 08/11 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 11, 2015 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 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 quomm of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:28 p m. on Tuesday, August 11, 2015, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Briefing Regarding the City Hall Basement Renovation Project • Update Regarding Ongoing Economic Development Activities and the Fiscal Year 2015-2016 Budget for the Allen Economic Development Corporation • 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 58 p.m. on Tuesday, August 11, 2015. Call to Order and Announce a Ouorum is Present With a quomm of the Councilmembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7:05 p.m. on Tuesday, August 11, 2015, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledge of Allegiance Public Recognition ALLEN CITY COUNCIL REGULAR MEETING AUGUST 11, 2015 PAGE 2 1. Citizens' Comments. Consent Agenda MOTION: Upon a motion made by Councdmember Obermayer and a second by Councdmember Herald, the Council voted seven (7) for and none (0) opposed to adopt all items on the Consent Agenda as follows: 2. Approve Minutes of the July 28, 2015, Regular Meeting. 3. Adopt a Resolution Authorizing City Representatives to Execute Bank Depository Documents and Grant Certain Powers. RESOLUTION NO. 3317-8-15(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING CITY REPRESENTATIVES FOR THE BANK DEPOSITORY, AND PROVIDING AN EFFECTIVE DATE 4. Adopt a Resolution Amending Authorized City Representatives to Conduct Transactions and Inquiries with TexPool. RESOLUTION NO. 3319-8-15(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING PRIOR DESIGNATIONS OF INVESTMENT OFFICERS OF THE CITY AND AUTHORIZING INDIVIDUALS TO INVEST, TRANSFER, WITHDRAW, DEPOSIT, GIVE INSTRUCTIONS ON BEHALF OF THE ORGANIZATION, OR MANAGE FUNDS FOR THE CITY OF ALLEN; AND PROVIDING AN EFFECTIVE DATE. 5. Adopt a Resolution Amending Authorized City Representatives to Conduct Transactions and Inquiries with TexSTAR. RESOLUTION NO. 3320-8-15(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLI COUNTY, TEXAS, AMENDING PRIOR DESIGNATIONS OF INVESTMENT OFFICERS OF THE CITY AND AUTHORIZING INDIVIDUALS TO INVEST FUNDS JOINTLY WITH OTHER TEXAS LOCAL GOVERNMENTS IN TEXSTAR; AND PROVIDING AN EFFECTIVE DATE 6. Authorize the City Manager to Execute a Facilities Agreement with Allen 35 Partners, L.P., and Ansley Meadow Homeowners' Association, Inc., Related to Maintenance of Non -Standard Street Lights, Street Signs, and Landscaping Improvements. 7. Award Bid and Authorize the City Manager to Execute a Contract with Criterion Contractors, Inc., in the Amount of $523,250 for the City Hall Basement Remodel Project and Establish a Construction Project Budget of $563,250. 8. Authorize the City Manager to Execute a Contract with Dean Insurance Group in the Amount of $73,249 for a General Liability Policy, Liquor Liability Coverage, and an Umbrella Policy for the Allen Event Center. 9. Receive the Financial Report for Period Ending June 30, 2015. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 11, 2015 PAGE 3 1 10. Receive the Investment Report for the Period Ending June 30, 2015. The motion carried Reeular Agenda it. Tabled Item - Adopt an Ordinance to Amend the Development and Use Regulations Applicable to Tract 4 of Planned Development No. 53, from Community Facilities to Townhome Residential District, and Adopt a Concept Plan, Building Elevations, and Development Regulations for Allen Stake Center, Generally Located West of Alma Drive and North of Exchange Parkway. [Allen Stake Center 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 remove this item from the table. The motion carried Although the public hearing had been closed on July 28, 2015, Mayor Terrell asked anyone wishing to speak for or against this item to do so at this time. The following individuals spoke in opposition to the item. David Ringrose, 910 Cross Plains, Allen, Texas; Gene Potts, 1418 Capstan Drive, Allen, Texas; and, Jennifer Revious, 1304 Capstan Drive, Allen, Texas. The following individuals did not wish to speak but wished to record their opposition to the item Devaney Smith, 912 Kilgore Court, Allen, Texas; Richard B. Smith, 912 Kilgore Court, Allen, Texas; Anthony L. Fortner; 900 Bandera Court, Allen, Texas; Zane Lewis, 1313 Granger Drive, Allen, Texas; Tracy Potts, 1418 Capstan Drive, Allen, Texas; Peggy Rook, 1431 Glendover Drive, Allen, Texas, Michelle Banks, 811 Rolling Meadows Court, Allen, Texas, and, Chris and Becky Eason, 1405 Salado Drive, Allen, Texas. ORDINANCE NO. 3321-8-15: 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, RELATING TO THE USE AND DEVELOPMENT OF LOT 2, BLOCK A, ALLEN STAKE CENTER, CITY OF ALLEN, COLLIN COUNTY, TEXAS, PRESENTLY ZONED AS PLANNED DEVELOPMENT NO. 53 FOR COMMUNITY FACILITIES (CF) BY CHANGING THE BASE ZONING TO TOWNHOME RESIDENTIAL (TH) AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, LANDSCAPE PLAN, SCREENING PLAN 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 Herald and a second by Mayor Pro Tem Caplinger, the Council voted five (5) for and two (2) opposed, with Councilmembers Kizer and Sedlacek casting the negative votes, to adopt Ordinance No. 3321-8-15, as previously' captioned, to ALLEN CITY COUNCIL REGULAR MEETING AUGUST 11, 2015 PAGE 4 amend the development and use regulations applicable to Tract 4 of Planned Development No 53, from Community Facilities to Townhome Residential District, and adopt a Concept Plan, Budding Elevations, and Development Regulations for Allen Stake Center, generally located west of Alma Drive and north of Exchange Parkway with an amendment that three (3) of the buildings shall be constructed as shown in Option 1 of the Building Elevations, three (3) of the buildings shall be constructed as shown in Option 2 of the Building Elevations, and two (2) of the buildings shall be constructed as shown in Option 3 of the Building Elevations 'the motion carried. 12. Conduct a Public Hearing and Adopt an Ordinance to Create Planned Development No. 121 for Single -Family, Multi Family, Office and Retail Uses for a 91.31 Acres Generally Located North and South of Montgomery Boulevard and West of US Highway 75, for Montgomery Ridge Phase 2. 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 the item: Bill Dahlstrom, 901 Main Street, Suite 6000, Dallas, Texas: Scott Pohkov, 3100 McKinnon Street, 7ih Floor, Dallas, Texas; Tom Field, 1600 North Collins, Richardson, Texas; and, Monty Montgomery, 3500 Maple Avenue, Suite 1470, Dallas, Texas With no one else speaking, Mayor Terrell closed the public hearing ORDINANCE NO. 3322-8-15: 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, RELATING TO THE USE AND DEVELOPMENT OF 91.3+ ACRES OF LAND LOCATED IN THE THOMAS G KENNEDY SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS, PRESENTLY ZONED AS PLANNED DEVELOPMENT NO. 74 FOR OFFICE (0) AND FLOODPLAIN - OFFICE (FP -0) BY CREATING PLANNED DEVELOPMENT NO 121 FOR SINGLE FAMILY RESIDENTIAL (R-7), MULTI -FAMILY RESIDENTIAL (MF -18) AND CORRIDOR COMMERCIAL (CC) USES AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, A STREET CONCEPT PLAN 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 Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3322-8- 15, as previously captioned, to create Planned Development No. 121 for Single -Family, Multi Family, Office and Retail Uses for a 91.3+ acre portion of land, generally located north and south of Montgomery Boulevard and west of US Highway 75, for Montgomery Ridge Ph. 2. The motion carried Prior to Council's vote to the motion, Mayor Terrell commented he would support the motion but expressed concern with regards to the townhomes and special use permits. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 11, 2015 PAGE 5 13. Conduct a Public Hearing on the Fiscal Year 2015-2016 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 the second public hearing on the Budget will be conducted at the City Council meeting on August 25, 2015 at 7:00 PM. 14. Conduct a Public Hearing Regarding the Fiscal Year 2015-2016 City Tax Rate. Mayor Terrell opened the public hearing and asked anvone 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 Councdmember Herald, the Council voted seven (7) for and none (0) opposed to set the City Council meeting date of September 8, 2015, at 7:00 PM at Allen City Hall, 305 Century Parkway, Allen, Texas, to vote on the proposed tax rate of 53.7 cents per $100 of the certified appraised value for the Fiscal Year 2015-2016 budget. The motion carried. Other Business 17. Calendar. • August 21-23 - City Council Budget Workshop, Tanglewood Hotel • August 25 - City Council will conduct the Second Public Hearing on the Proposed Fiscal Year 2015-2016 Budget, 7 p.m., Allen City Hall • August 25 - City Council will conduct the Second Public Hearing on the Proposed Fiscal Year 2015-2016 Tax Rate, 7 p in, Allen City Hall 18. Items of Interest. • Council congratulated Councilmember Kizer's son on his graduation from the US Navy Basic Training Camp • Council wished a happy anniversary to Councdmember Kizer and his wife. Melinda Executive Session The Executive Session was not held. 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 9 14 p in. on Tuesday, August 11, 2015. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 11, 2015 PAGE 6 These minutes approved on the 25" day of August 2015. ATTEST: b(\� Shelley B. George, C, CITY ECRETARY 0 APPROVED: OP QIP Steph Terrell, AYOR