Min - City Council - 2016 - 09/13 - Regular1
Present
Stephen Terrell, Mayor
Councilmembers:
Gary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Baine Brooks
city Staff:
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2016
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
Workshop Session
With a quonun 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, September 13, 2016, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Update Regarding North Texas Municipal Water District (NTMWD)
• 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 7:07 p.m. on
Tuesday, September 13, 2016.
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 7:10 p.m. on Tuesday, September 13, 2016, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
' Pledge of Allegiance
Public Recognition
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2016 PAGE 2
' 1. Citizens' Comments.
Consent Agenda
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 items on the Consent Agenda
as follows:
2. Approve Minutes of the August 19-21, 2016, City Council Budget Workshop.
3. Approve Minutes of the August 23, 2016, Regular City Council Meeting.
4. Approve Minutes of the September 6, 2016, Special Called City Council Meeting.
5. Adopt a Resolution Updating the Collin County Hazard Mitigation Action Plan.
RESOLUTION NO. 3417-9-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE COLLIN COUNTY HAZARD
MITIGATION PLAN, SEPTEMBER 2016; PROVIDING A SEVERABU,rrY CLAUSE;
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
6. Authorize the City Manager to Execute a One-year Contract to Provide Litter Collection Services
' for Various City Properties and Detailed Overpass/Underpass Maintenance with Lawn Star
Landscape in the Amount of $193,545 with the Option for Four (4) One -Year Renewals.
7. Authorize the City Manager to Execute a Contract with Birkhoff, Hendricks & Carter, L.L.P. in
the Amount of $104,275 for Professional Engineering Services Related to the Rowlett Elevated
Storage Tank, the Stacy Ground Storage Reservoir #2, and the Stacy Road Pump Station #1.
S. Authorize the City Manager to Execute a One -Year Contract for the Purchase of Water and
Sewer Parts and Supplies with Fortiline, HD Supply Waterworks, Ferguson Waterworks and
Neenah Foundry Company for an Estimated Annual Expenditure of $100,000 with Two (2)
Optional One -Year Renewals.
9. Authorize the City Manager to Execute a Right of Way Use License and Hold Harmless
Agreement with Lost Creek Ranch Homeowners Association, Inc. Related to a Subdivision Entry
Monument Sign.
10. Motion to Authorize the City Manager to Cast Votes and Sign the Ballot for the Texas Municipal
League Intergovernmental Risk Pool Board of Trustees Election.
it. Accept Required Certifications from the Tax Assessor/Collector's Office Including the
Certifications Rate for the 2016 Tax Year, the Certification of Excess Debt Collections for the
2015 Tax Year and the 2016 Appraisal Roll.
The motion carried.
Regular Agenda
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2016
PAGE 3
' 12. Conduct a Public Hearing and Adopt an Ordinance Amending the Development Regulations and
Adopt a Concept Plan and Building Elevations for a 29.0013 Acre Portion of Planned
Development No. 76 Generally Located on the Southeast Corner of Bethany Drive and
Montgomery Boulevard. Angel Field East: Detached Single Family Residential]
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. 34184-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
AND ZONING MAP BY AMENDING THE DEVELOPMENT REGULATIONS TO PROVIDE FOR
BASE ZONING OF SINGLE FAMILY RESIDENTIAL (R-7) WITH MODIFICATIONS,
ADOPTING A CONCEPT PLAN, AND ADOPTING BUILDING ELEVATIONS FOR 29.0013
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. 76; 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 Sedlacek and a second by Councilmember Brooks,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3418-9-16, as
previously captioned, to amend the Development Regulations and adopt a Concept Plan and
Building Elevations for a 29.0013 acre portion of Planned Development No. 76 generally
located on the southeast comer of Bethany Drive and Montgomery Boulevard. The motion
carried.
13. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations and
Adopt a Concept Plan and Building Elevations for a 13.6053 Acre Portion of Planned
Development No. 92 Generally Located North of Stacy Road and West of Chelsea Boulevard.
[Chelsea Storage: Garage Condos and Self Storage
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. 3419-9-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
AND ZONING MAP BY AMENDING THE DEVELOPMENT REGULATIONS TO ADD A
DEFINITION FOR "GARAGE CONDOS", ADDING "GARAGE CONDOS" AS A PERMITTED
USE, AND PROVIDING FOR ADDITIONAL REGULATIONS, ADOPTING A CONCEPT PLAN,
SCREENING PLAN, AND ADOPTING BUILDING ELEVATIONS FOR A 13.6053 PORTION OF
PLANNED DEVELOPMENT NO. 92 ("PD 92") LOCATED IN THE F. DOSSER SURVEY,
ABSTRACT NO. 280, CITY OF ALLEN, COLLIN COUNTY, TEXAS, WHICH PROPERTY IS
LOCATED IN AND SUBJECT TO THE REGULATIONS OF PLANNED DEVELOPMENT NO. 92;
PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2016 PAGE 4
' 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. 3419-9-16, as
previously captioned, to amend the Development Regulations and adopt a Concept Plan and
Building Elevations for a 13.605± acre portion of Planned Development No. 92 generally
located north of Stacy Road and west of Chelsea Boulevard. The motion carried.
14. Conduct a Public Hearing and Adopt an Ordinance Approving Specific Use Permit No. 148 for
a Minor Automotive Repair Use for Lots 1 and 2, Block A, Harley-Davidson Allen Addition,
Generally Located North of Motorsport Court and West of US Highway 75. (Discount Tire: Tire
Sales and Service)
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. 3420-9-16: 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 GRANTING SPECIFIC USE PERMIT
NO. 148 AUTHORIZING THE PROPERTY DESCRIBED AS LOTS 1 AND 2, BLOCK A,
HARLEY-DAVIDSON ALLEN ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS,
PRESENTLY ZONED PLANNED DEVELOPMENT NO. 55 (PD 55) FOR COMMERCIAUOFFICE
"CIO" TO BE USED FOR A MINOR AUTOMOTIVE REPAIRS USE; ADOPTING A SITE PLAN,
LANDSCAPE 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 Mayor Pro Tem Caplmger and a second by Councilmember Brooks,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3420-9-16, as
previously captioned, for Specific Use Permit No. 148 for a Minor Automotive Repair use for
Lots I and 2, Block A, Harley-Davidson Allen Addition. The motion carried.
15. Conduct a Public Hearing and Adopt an Ordinance Amending the Development Regulations of
Planned Development No. 55 and Adopt a Concept Plan and Building Elevations for a 3.21± Acre
Portion of Lot 2, Block A, Millennium Office Park Generally Located on the Northwest Corner
of Central Park Avenue and Bethany Drive. (Millennium Office Park Lot 2: Office Building,
Restaurant & Parking Garage
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.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2016
16E:[14 Dil.i
' ORDINANCE NO. 3421-9-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING
THE DEVELOPMENT REGULATIONS FOR A 3.2± ACRE PORTION OF "TRACT 1OB" IN "PD"
PLANNED DEVELOPMENT NO. 55 AS ESTABLISHED BY ORDINANCE NO. 1226-3-94, AS
AMENDED; TO PROVIDE FOR RESTAURANT (NO DRIVE-IN) AND PARKING GARAGES AS
PERMITTED USES IN ADDITION TO HOSPITAL AND COMMERCIAL/OFFICE USES AND
MAKING OTHER MODIFICATIONS; ADOPTING A CONCEPT PLAN AND BUILDING
ELEVATIONS; PROVIDING A SEVERABMITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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 adopt Ordinance No. 3421-9-16, as
previously captioned, amending the Development Regulations of Planned Development No.
55 and Adopt a Concept Plan and Building Elevations for a 3.21± acre portion of Lot 2, Block
A, Millennium Office Park Generally Located on the Northwest Comer of Central Park Avenue
and Bethany Drive. The motion carried.
16. Adopt an Ordinance Approving the Fiscal Year 2016-2017 Budget, Amending the Fiscal Year
2015-2016 Budget, and Approving the 2017-2021 Capital Improvement Program.
' ORDINANCE NO. 3422-9-16: 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, 2016, AND ENDING SEPTEMBER 30, 2017;
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; APPROPRIATING THE
VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF
THE ORDINANCE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A
SEVERABILffY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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 adopt Ordinance No. 3422-9-16, as
previously captioned, approving the Fiscal Year 2016-2017 budget, amending the Fiscal Year
2015-2016 budget, and approving the 2017-2021 Capital Improvement Program. The 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 ratify the increase in property tax
revenues reflected in the Fiscal Year 2016-2017 budget. The motion carried.
17. Adopt an Ordinance Setting the Tax Rate for the 2016-2017 FiscalYear Budget.
' ORDINANCE NO. 3423-9-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE TAX
YEAR 2016 (FISCAL YEAR 2016-2017) AT A RATE OF $0.52000 PER ONE HUNDRED DOLLARS
($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2016
PAGE 6
' LIMITS OF THE CITY OF ALLEN AS OF JANUARY 1, 2016, 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 Councilmember Obermeyer and a second by Councilmember Brooks,
the Council voted seven (7) for with Mayor Terrell, Mayor Pro Tem Caplinger,
Councilmembers Kizer, Obermeyer, Herald, Sedlacek and Brooks casting votes for and none
(0) opposed to adopt Ordinance No. 3423-9-16, as previously captioned, that the property tax
rate be increased by the adoption of a tax rate of 52.0 cents per $100 valuation of property,
which is effectively a 5.31 percent increase in the tax rate setting that tax rate for the 2016-
2017 Fiscal Year. The 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.
' No action was taken on this item.
The Regular meeting recessed at 8:35 p.m.
Executive Session
In accordance with the Texas Goverment Code, the Allen City Council convened into Executive Session at
8:49 p.m. on Tuesday, September 13, 2016, in the Council Conference Room, 305 Century Parkway, Allen,
Texas, in order to discuss matters pertaining to:
21. Personnel Pursuant to Section 551.074 of the Texas Government Code — Discuss Appointments
to the Board of Adjustment, Building and Standards Commission, Community Development
Corporation, Economic Development Corporation, and Planning and Zoning Commission.
The Executive Session adjourned at 9:55 p.m. on Tuesday, September 13, 2016
22. Reconvene and Consider Action on Items Discussed During Executive Session
The Allen City Council reconvened into the Regular Meeting at 9:57 p.m. on Tuesday,
September 13, 2016. No action was taken on items discussed during Executive Session.
Other Business
' 19. Calendar.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 13, 2016
' 20. Items of Interest.
PAGE
The Allen Parks Foundation "An Evening That 'Saurs'!" fundraising dinner will be held on
September 17 at The Dinosaur Company.
Council wished happy birthday to Mayor Terrell.
The Annual Fall Fest at the Allen Senior Center is on September 17.
Adjournment
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 Meetmg of the Allen
City Council at 10:00 p.m. on Tuesday, September 13, 2016. The motion carried.
These minutes approved on the 2T" day of September 2016.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelle B. ge�TRMC, C SECRETARY