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Home My WebLink AboutMin - City Council - 2011 - 09/13 - RegularALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2011 Present: Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor (absent) City Starc: With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6'21 p.m. on Tuesday, September 13, 2011, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Discussion Regarding Nominating a Representative to the Board of Directors for the Central Appraisal District of Collin County • Discussion Regarding the Twin Creeks Urban Center Planned Development • Discussion Regarding the May General Election (Senate Bill 100) • Committee Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:02 p.m. on Tuesday, September 13, 2011. Call to Order and Announce a Ouorum 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 7:06 p.m. on Tuesday, September 13, 2011, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Alleeiance Public Recoenition 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 6'21 p.m. on Tuesday, September 13, 2011, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Discussion Regarding Nominating a Representative to the Board of Directors for the Central Appraisal District of Collin County • Discussion Regarding the Twin Creeks Urban Center Planned Development • Discussion Regarding the May General Election (Senate Bill 100) • Committee Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:02 p.m. on Tuesday, September 13, 2011. Call to Order and Announce a Ouorum 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 7:06 p.m. on Tuesday, September 13, 2011, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Alleeiance Public Recoenition ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2011 E, 1. Citizens' Comments PAGE Presentation of a Blue Star Flag to a Family of Allen Service Personnel Currently Deployed by the U.S. Armed Forces. • Ken and Susan Barry, parents of First Lieutenant John Samuel Tannehill of the United States Air Force. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Representatives of the General Bernardo de Galvez Chapter of Daughters of the American Revolution Proclaiming September 11-17, 2011, as "Constitution Week," Consent Amends MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Herald, the Council voted six (6) for and none (0) opposed to adopt the items on the Consent Agenda as follows: Approve Minutes of the August 23, 2011, Regular Meeting. 5. Accept Resignation from Councilmember Jeff McGregor and Declare a Vacancy in Place No. 6 of the Allen City Council. 6. Adopt a Resolution Designating Tire Allen American as the Official Newspaper of the City of Allen for Fiscal Year 2011-2012. RESOLUTION NO. 3025-9-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE ALLEN AMERICAN AS THE OFFICIAL NEWSPAPER OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR FISCAL YEAR 2011-2012; AUTHORIZING THE CITY MANAGER TO CONTRACT WITH THE ALLEN AMERICAN; AND PROVIDING AN EFFECTIVE DATE. Adopt a Resolution Reappointing Members to Fill Expiring Terms on the Board of Directors for Tax Increment Financing (TIF) Reinvestment Zone No. 1 (Garden District). RESOLUTION NO. 3026-9-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 1; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt a Resolution Reappointing Members to Fill Expiring Terms on the Board of Directors for Tax Increment Financing (TIF) Reinvestment Zone No. 2 (Central Business District). RESOLUTION NO. 3027-9-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 2; AND PROVIDING FOR AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2011 PAGE 3 E 9. Accept Required Certifications from Tax Assessor/Collector's Office. 10. Authorize the City Manager to Execute an Economic Development Agreement with Piedmont Stacy Partners, L.P. in the Amount of $75,000. IL Authorize the City Manager to Execute a One -Year Contract with Lawn Star Landscape for an Expenditure not to Exceed $239,119.44 to Provide Litter Collection for Various City Properties and Detailed Highway Overpass/Underpass and Right -of -Way Maintenance with Four One- year Options to Renew Under the Same Contract Terms and Conditions. The motion carried. Regular Attenda 12. Conduct a Public Hearing and Adopt an Ordinance to Amend Specific Use Permit SUP No. 100 for a Fueling Station to Add an Additional Fuel Dispenser Unit on 10.19± Acres Located at 1210 North Greenville Avenue. [Kroger Fuel Station) 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. 3028-9-11: 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 ORDINANCE NO. 2465-11-05 GRANTING A SPECIFIC USE PERMIT FOR A FUELING STATION (SPECIFIC USE PERMIT NO. 100) FOR LOT 1, BLOCK A, KROGER EXCHANGE ADDITION; AMENDING THE SITE PLAN; ADOPTING A LANDSCAPE PLAN; ADOPTING CANOPY ELEVATIONS, PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3028-9-I1, as previously captioned, adopting Specific Use Permit No 100 for a Fueling Station to add an additional fuel dispenser unit. The motion carried. 13. Adopt an Ordinance Approving the Fiscal Year 2011-2012 Budget, Amending the Fiscal Year 2010-2011 Budget, and Approving the 2012-2016 Capital Improvement Program. ORDINANCE NO. 3029-9-11: 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, 2011, AND ENDING SEPTEMBER 30, 2012; 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 ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2011 PAGE OF THE ORDINANCE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obenneyeq the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3029- 9-11, as previously captioned, approving the Fiscal Year 2011-2012 budget, amending the Fiscal Year 2010-2011 budget, and approving the 2012-2016 Capital Improvement Program. The motion carried. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Herald, the Council voted six (6) for and none (0) opposed to ratify the increase in property tax revenues reflected in the Fiscal Year 2011-2012 budget. The motion carried. 14. Adopt an Ordinance Setting the Tax Rate for Fiscal Year 2011-2012. ORDINANCE NO. 3030-9-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE TAX YEAR 2011 (FISCAL YEAR 2011-2012) AT A RATE OF $0.55300 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN AS OF JANUARY 1, 2011, 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 El INTEREST; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Caplinger and a second by Mayor Pro Tem Stout, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3030-9-I1, as previously captioned, setting the tax rate of 55.3 cents per $100 valuation of property for the 2011-2012 Fiscal Year. The motion carried. 15. 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, Economic Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and Recreation Board, Planning and Zoning Commission, and Public Art Committee. No action was taken on this item. Other Business 16. Calendar • October 4 -Allen National Night Out 17. Items of Interest • The Kiwanis Golf Toumament at Twin Creeks will be held on October 6. • Council wished happy birthday to Mayor Terrell and Mayor Pro Tem Stout's daughter, April. • Council recognized a Boy Scout from Troop 328 in attendance as a requirement for earning a merit badge. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 13, 2011 PAGE 5 I• The ACO Golf Tournament at Top Golf will be held on September 16. The Regular Meeting was recessed at 7:35 p.m. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 7:53 p.m. on Tuesday, September 13, 2011, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to: 18. Personnel Pursuant to Section 551.074 of the Texas Government Code— Discuss Appointments to the Community Development Corporation, Economic Development Corporation, Board of Adjustment, Building and Standards Commission, and Planning and Zoning Commission. The Executive Session adjourned at 8:18 p.m. on Tuesday, September 13, 2011. 19. Reconvene and Consider Action on Items Discusses during Executive Session. The Allen City Council reconvened into the Regular Meeting at 8:21 p.m. on Tuesday. September 13, 2011. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8:22 p.m. on Tuesday, September 13, 2011. The motion carried. These minutes approved on the 276 day of September, 2011. APPROVED: StepheirTerrell, MAYOR ATTEST: C Shelley B. George, CITY SECRET4Y No action was taken on item discussed during the Executive Session. Adiourn MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8:22 p.m. on Tuesday, September 13, 2011. The motion carried. These minutes approved on the 276 day of September, 2011. APPROVED: StepheirTerrell, MAYOR ATTEST: C Shelley B. George, CITY SECRET4Y