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Home My WebLink AboutMin - City Council - 2009 - 08/25 - RegularA FA 1111 OlQ[1J I W901618RIN I P REGULAR MEETING AUGUST 25, 2009 Present: Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor City StafT: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B George, City Secretary 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 6:12 p.m. on Tuesday, August 25, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas, to discuss the following items: • Introduction of Jane Bennett, Chair of the Public Art Committee • Update Regarding the Parks and Recreation Master Plan • Presentation of Fees Related to Various Recreation Programs and Facility Rentals • Discussion Regarding the 2010 U.S. Census and Formation of a Complete Count Committee • Committee Updates from City Council Liaisons - Council Nominating Committee With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:50 p.m. on Tuesday, August 25, 2009 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 7:05 p m. on Tuesday, August 25, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. j Pledge of Allegiance Public Reemmition ALLEN CITY COUNCIL REGULAR MEETING AUGUST 25, 2009 11 1. Citizens' Comments. PAGE The following individuals expressed appreciation to the City Council for the installation of a traffic signal at McDermott Drive and Cedar Drive: Glen Renfro, 606 Keith Drive, Allen, Texas, Jimmie Moore, 202 Keith Drive, Allen, Texas. 2. Public Art Committee Annual Report by Jane Bennett, Chair, Public Art Committee. 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 the items on the Consent Agenda as follows: 3. Approve Minutes of the August 7-9, 2009, City Council Budget Workshop. 4. Approve Minutes of the August 11, 2009, Regular Meeting. 5. Adopt a Resolution Authorizing the City Manager to Enter into Interlocal Cooperation Agreements on Behalf of the City with Other Units of Local Government and Local Cooperative Organizations for Cooperative Purchasing of Materials, Supplies, Services or Equipment. RESOLUTION NO. 2851-"9(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO INTERLOCAL COOPERATION AGREEMENTS ON BEHALF OF THE CITY WIT14 OTHER UNITS OF LOCAL GOVERNMENT AND LOCAL COOPERATIVE ORGANIZATIONS FOR COOPERATIVE PURCHASING, AND PROVIDE AN EFFFECTNE DATE. 6. Authorize the City Manager to Execute a Cooperative Purchase Contract with Redi-Mix L.P. for the Purchase and Delivery of Portland Cement Concrete Through a Cooperative Agreement with the City of Plano as allowed in the Texas Local Government Code 271.102. 7. Authorize the City Manager to Execute a Real Estate Sales Contract with the Quail Run Allen Home Owners Association for the Purchase of Right of Way for Watters Road for an Amount of $90,000 Plus Closing Costs. S. Authorize the City Manager to Execute a Contract with Viking Construction to Micro Slurry Seal the Streets Involved in the High Meadows Sewer Project for an Amount not to exceed $80,000. 9. Authorize the City Manager to Award and Execute a Contract with VCC for an Amount Not to Exceed $10,342,583 for Construction of the Allen Municipal Service Center and Public Safety Training Facility Project and Amend the Project Budget in the Amount of $14,756,288. 10. Receive the Capital Improvement Program Status Report. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 25, 2009 PAGE 3 Reeular Aeenda 11. Conduct a Public IIearing on the Budget as Required by Article IV, Section 4.04 of the Allen City Charter. Mayor Terrell opened the Public Hearing and asked for anyone speaking either for or against the request to do so. With no one speaking, Mayor Terrell closed the Public Hearing. Mayor Terrell announced the City Council will vote on the budget at the September 8, 2009, City Council Meeting at 7:00 p.m. at Allen City Hall, 305 Century Parkway. Allen, Texas 12. Conduct a Public Hearing Regarding the Fiscal Year 2009-2010 City Tax Rate. Mayor Terrell opened the Public Hearing and asked for anyone speaking either for or against the request to do so. With no one speaking, Mayor Terrell closed the Public Hearing. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to set the City Council meeting date of September 8, 2009, at 7:00 p.m. at Allen City Hall, 305 Century Parkway, Allen, Texas, to vote on the proposed tax rate of 55.5 cents per $100 of the certified appraised value for the Fiscal Year 2009-2010 budget. The motion carried. 13. Conduct a Public Hearing and Adopt an Ordinance Granting SUP Specific Use Permit No. 108 for an Assisted Living Facility on Property Zoned PD Planned Development No. 3 for MF -12 Multifamily Uses, on 7.44± Acres Located North of Prestige Circle and West of Greenville Avenue. Mayor Terrell opened the Public Hearing and asked for anyone speaking either for or against the request to do so. With no one speaking, Mayor Terrell closed the Public Hearing. ORDINANCE NO. 2552-8-09: 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 GRANTING A CHANGE IN ZONING TO GRANT SPECIFIC USE PERMIT NO. 108 FOR AN ASSISTED LIVING FACILITY FOR PROPERTY ZONED "PD" PLANNED DEVELOPMENT NO. 3 FOR "MF -12" MULTI FAMILY, ORDINANCE NO, 368-10-81, AS AMENDED, SAID PROPERTY BEING A 744± ACRE TRACT IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A SITE PLAN ATTACHED AS EXHIBIT "B"; PROVIDING FOR ELEVATIONS ATTACHED AS EXHIBIT `C": PROVIDING A SEVERABILITY 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. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 25, 2009 PAGE MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2852-8-09, as previously captioned, to grant Specific Use Permit No. 108 for an assisted living facility on Property Zoned PD Planned Development No. 3 for MF -12 Multifamily Uses, on 7 44± acres located north of Prestige Circle and west of Greenville Avenue. The motion carried. 14. Conduct a Public Hearing and Adopt an Ordinance to Grant a Change in Zoning to Amend PD Planned Development No. 55, Tract 2, for Retirement Center/Garden Office Uses to Allow for a Side Yard Setback of 12.5' in lieu of 25'on the Northern Boundary of 0.582± Acres of Lot 2, Block A at The Woods at Watters Road Located North of Bethany Drive and West of Walters Road. Mayor Terrell opened the Public Hearing and asked for anyone speaking either for or against the request to do so Bruce Heller, 1335 W McDermott Drive, Allen, Texas, spoke in support of the item. With no one else speaking, Mayor Terrell closed the Public Hearing. ORDINANCE NO. 2853-8-09: 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 PROPERTY ZONED "PD" PLANNED DEVELOPMENT NO. 55, ORDINANCE NO. 1226-3-94, AS AMENDED, TRACT 2, BEING ALL OF LOT 2, BLOCK A, WOODS AT WATTERS ROAD ADDITION, AN ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, A 0.582± ACRES DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A SEVERABILITY 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 Caplinger and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No 2853-8-09, as previously captioned, to amend PD Planned Development No. 55, Tract 2, for Retirement Center/Garden Office Uses to allow for a side yard setback of 12.5' in lieu of 25'on the northern boundary of 0.582± acres of lot 2, block A at The Woods at Watters Road located north of Bethany Drive and west of Watters Road The motion carried. Other Business 15. Calendar. 16. Items of Interest. • Council wished Councilmember Obermeyer a happy belated birthday • Councilmember McGregor acknowledged the passing of long time Allen resident Dr. Doyle Stacy ALLEN CITY COUNCIL REGULAR MEETING AUGUST 25, 2009 PAGE 5 11 Executive Session An Executive Session was not held. 17. Reconvene and Consider Action on Items Discussed during Executive Session. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7*48 p.m. on Tuesday, August 25, 2009 The motion carried. These minutes approved on the 8" day of September, 2009 APPROVED: Stephe errell, YOR ATTEST: Shelley B. Gcorge, ITY SEC ARY