Min - City Council - 2016 - 03/22 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MARCH 22, 2016
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
t 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 6:29 p.m. on Tuesday, March 22, 2016, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Introduction of Jeff Cocking, Planning and Zoning Commission Chairperson
• Update Regarding the Hotel and Convention Center Development
• 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 7:05 p.m. on
Tuesday, March 22, 2016.
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 7:07 p.m. on Tuesday, March 22, 2016, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alle¢iance
Public Recoenition
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 22, 2016
1. Citizens' Comments.
PAGE 2
2. Presentation of Shining Star Awards to Reese and Colin Fleming for their Lifesaving Heroic
Efforts in Saving the Life of their Father.
3. Presentation of a Proclamation by the Office of the Mayor to Coach Jerry Best and the Allen
High School Wrestling Team Proclaiming 2016 as "Allen Eagles Wrestling Team Year."
4. Recognition of the Accounting Division for the Receipt of the GFOA Certificate of Achievement
in Excellence in Financial Reporting Award for the Fiscal Year Ending September 30, 2014.
5. Presentation of the Planning and Zoning Commission's Annual Report by Jeff Cocking,
Chairperson.
Consent Agenda
MOTION: Upon a motion made by Councilmember Brooks and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt all items on the
Consent Agenda as follows:
Approve Minutes of the March 8, 2016, Regular Meeting of the Allen City Council.
Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, 'Motor Vehicles and
Traffic,' Amending the Maximum Prima Facie Speed Limit on Bossy Boots Drive from
Exchange Parkway to Bray Central Drive to 40 miles per hour.
ORDINANCE NO. 3367.3.16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION
OF VEHICLES," DIVISION 2, "SPEED REGULATIONS," SECTION 9-135(x), TO AMEND THE
MAXIMUM PRIMA FACIE SPEED LIMIT FOR BOSSY BOOTS DRIVE FROM EXCHANGE
PARKWAY TO BRAY CENTRAL DRIVE WITHIN THE CORPORATE LIMITS OF THE CITY
OF ALLEN; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
8. Adopt a Resolution Determining the Public Necessity for Acquisition of Land for the
Construction of Intersection Improvements at McDermott Drive at US75, Stacy Road at US75,
and Greenville Avenue at Exchange Parkway; Providing for a Last and Final Offer and
Authorization to Purchase Right -of -Way; and Authorizing the City Attorney to File
Proceedings in Eminent Domain to Acquire Such Property, if Necessary.
RESOLUTION NO. 3368-3-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE PUBLIC NECESSITY EXISTS
AND FINDING A PUBLIC PURPOSE FOR THE ACQUISITION OF LAND FOR A RIGHT-OF-
WAY AND ALL ATTACHED IMPROVEMENTS FOR INTERSECTION IMPROVEMENTS FOR
MCDERMOTT DRIVE AT US75, STACY ROAD AT US75, AND GREENVILLE AVENUE AT
EXCHANGE PARKWAY AS DESCRIBED IN THE EXHIBITS ATTACHED HERETO, WITHIN
THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A LAST AND FINAL
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 22, 2016
PAGE 3
9. Adopt a Resolution Amending Section 18.04 "Motor Vehicle Record Check and Driving
Eligibility," of the City's Personnel Policies and Procedures Manual.
RESOLUTION NO. 3369-3-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE PERSONNEL POLICIES AND
PROCEDURES MANUAL BY AMENDING SECTION 18.04 "MOTOR VEHICLE RECORD
CHECK AND DRIVING ELIGIBILITY"; PROVIDING FOR A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
10. Award Bid and Authorize the City Manager to Execute a Contract with SYB Construction
Company, Inc., in the Amount of $3,269,701.25 for Fountain Park Water & Sanitary Sewer
Rehabilitation Phase 2 and Establish a Project Budget in the Amount of $3,700,000.
it. Authorize the City Manager to Execute an Economic Development Incentive Agreement
between the City of Allen and Jack Henry & Associates, Inc.
12. Authorize the City Manager to Execute an Infrastructure Project Agreement between the Allen
Economic Development Corporation and the City of Allen to Support the Expansion of Jack
Henry & Associates, Inc.
13. Receive the Capital Improvement Program (CIP) Status Reports.
14. Receive the Summary of Property Tax Collections as of February 2016.
The motion carried.
Regular Agenda
15. Motion to Accept the Fiscal Year 2014-2015 Comprehensive Annual Financial Report (CAFR).
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 accept the 2014-2015
Comprehensive Annual Financial Report. The motion carried.
16. CONTINUED ITEM - Conduct a Public Hearing and Adopt an Ordinance to Change the Base
Zoning from Agriculture Open Space to Single -Family Residential R-7, and Adopt a Concept
Plan, Development Regulations, and Building Elevations for a 74.601± Acre Portion of Planned
Development No. 105 Generally Located South of the Bethany Drive and East of Brett Drive.
[Montgomery Farm Estates]
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 continue with the public hearing for this
item. The motion carried.
Mayor Terrell announced that the public heating was still open and asked anyone wishing to
OFFER AND AUTHORIZATION TO PURCHASE SAID RIGHT-OF-WAY AND EASEMENTS
FOR JUST COMPENSATION AND, IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY
ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE RIGHT-OF-
WAY; RATIFYING PRIOR ACTS; AND PROVIDING FOR AN EFFECTIVE DATE.
9. Adopt a Resolution Amending Section 18.04 "Motor Vehicle Record Check and Driving
Eligibility," of the City's Personnel Policies and Procedures Manual.
RESOLUTION NO. 3369-3-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE PERSONNEL POLICIES AND
PROCEDURES MANUAL BY AMENDING SECTION 18.04 "MOTOR VEHICLE RECORD
CHECK AND DRIVING ELIGIBILITY"; PROVIDING FOR A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
10. Award Bid and Authorize the City Manager to Execute a Contract with SYB Construction
Company, Inc., in the Amount of $3,269,701.25 for Fountain Park Water & Sanitary Sewer
Rehabilitation Phase 2 and Establish a Project Budget in the Amount of $3,700,000.
it. Authorize the City Manager to Execute an Economic Development Incentive Agreement
between the City of Allen and Jack Henry & Associates, Inc.
12. Authorize the City Manager to Execute an Infrastructure Project Agreement between the Allen
Economic Development Corporation and the City of Allen to Support the Expansion of Jack
Henry & Associates, Inc.
13. Receive the Capital Improvement Program (CIP) Status Reports.
14. Receive the Summary of Property Tax Collections as of February 2016.
The motion carried.
Regular Agenda
15. Motion to Accept the Fiscal Year 2014-2015 Comprehensive Annual Financial Report (CAFR).
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 accept the 2014-2015
Comprehensive Annual Financial Report. The motion carried.
16. CONTINUED ITEM - Conduct a Public Hearing and Adopt an Ordinance to Change the Base
Zoning from Agriculture Open Space to Single -Family Residential R-7, and Adopt a Concept
Plan, Development Regulations, and Building Elevations for a 74.601± Acre Portion of Planned
Development No. 105 Generally Located South of the Bethany Drive and East of Brett Drive.
[Montgomery Farm Estates]
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 continue with the public hearing for this
item. The motion carried.
Mayor Terrell announced that the public heating was still open and asked anyone wishing to
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 22, 2016 PAGE 4
speak for or against this item to do so at this time.
The following individuals spoke in support of the item:
Mike Nettleton, 1222 Monica Drive, Allen, Texas;
Dale Ehmer, 1206 Monica Drive, Allen, Texas;
Greg Alexander, 1341 Clare Lane, Allen, Texas;
Brad Nace, 1215 Old Bethany Road, Allen, Texas;
David To, 1212 Monica Drive, Allen, Texas;
Carol Taylor Gabrelow, 1359 Francie Way, Allen, Texas;
Catie Brooks, 1360 Francie Way, Allen, Texas; and,
Major Thomas, 1246 Monica Drive, Allen, Texas.
Peter Guggina did not speak but wished to record his support for this item.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3370-3-16: 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 74.6011 ACRES OF LAND IN THE T. 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. 105; 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 Kizer and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3370-3-16 to
change the base zoning relating to a 74.601± acre portion of Planned Development PD No.
105, generally located south of Bethany Drive and east of Brett Drive, from Agriculture Open
Space AO to Single -Family Residential District R-7, and adopt a Concept Plan, Development
Regulations, and Building Elevations for Montgomery Farm Estates. The motion carried.
Other Business
17. Calendar.
• Triad Meeting, March 29, 2016, at 6:00 p.m., Allen Senior Recreation Center.
18. Items of Interest.
• Council wished happy birthday to Marilee Obermeyer, Councilmember Obermeyer's wife.
Executive Session
The Executive Session was not held.
ALLEN CITY COUNCIL
REGULAR MEETING
MARCH 22, 2016 PAGE 5
Adjournment
MOTION: Upon a motion made by Councilmember Hemld and a second by Councilmember Brooks, the
Council voted seven (7) for and none (0) opposed to adjoum the Regular Meeting of the
Allen City Council at 8:28 p.m, on Tuesday, March 22, 2016. The motion carried.
These minutes approved on the 12i° day of April 2016.
ATTEST:
S eh " limey B. Georo, TRMC, CITY AtECRETARY
H
APPROVED:
Stephen erre][, MAYOR