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Home My WebLink AboutMin - City Council - 2011 - 09/27 - RegularALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2011 Present Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer (absent) Joey Herald Robin L. Sedlacek Gary L. Caplinger City Staff: Peter H Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete Smith, City Attorney Workshop Session The Workshop Session was not held. 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 7:00 p.m. on Tuesday, September 27, 2011, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Alleeiance Public Recotmition Citizens' Comments Presentation of a Proclamation by the Office of the Mayor: • Presentation of a Proclamation to Representatives of the Association of Persons Affected with Addiction Proclaiming the Month of September 2011 as "Recovery Month " ��•+++ 3. Presentation of Annual Report by Mr. Emile Carriere, Chair of the Public Art Committee. Consent Aeenda ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2011 PAGE 2 MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Sedlacek, the Council voted five (5) for and none (0) opposed to adopt the items on the Consent Agenda as follows: 4. Approve Minutes of the September 13, 2011, Regular Meeting. 5. Adopt an Ordinance Establishing Credit Card and Debit Card Cost Recovery Fees for Municipal Court and the Police Department. ORDINANCE NO. 3031-9-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 2-10, AUTHORIZING CREDIT CARD AND DEBIT CARD USE FOR PAYMENT OF FEES, FINES, COURT COSTS, COLLECTED BY THE CITY, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 6. Adopt a Resolution Amending the Debt Management and Fund Balance Reserve Policy to Reflect New Accounting Requirements and Change the Maximum Allocation of Tax Rate for Debt Service. RESOLUTION NO. 3132-9-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE DEBT MANAGEMENT AND FUND BALANCE RESERVE POLICY FOR THE CITY TO REFLECT NEW ACCOUNTING REQUIREMENTS AND CHANGE THE MAXIMUM ALLOCATION OF TAX RATE FOR DEBT SERVICE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt a Resolution Nominating Mr. Gary Rodenbaugh for Election to the Board of Directors for the Central Appraisal District of Collin County and Cast 131 Votes for Said Candidate. RESOLUTION NO. 3033-9-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PLACING IN NOMINATION THE NAME OF GARY RODENBAUGH FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY; CASTING BALLOTS FOR THE BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN ACCORDANCE WITH SECTION 6.03(g) OF THE STATE PROPERTY TAX CODE: DIRECTING THE CITY SECRETARY TO NOTIFY INTERESTED PARTIES OF SAID ACTION: AND PROVIDING AN EFFECTIVE DATE. S. Motion to Approve Mr. Bill Shaddock as the At -Large Representative to the Arts of Collin County Commission (ACC) Board of Directors as Recommended by Mayor Terrell with a Term Expiration of September 30, 2014. 9. Authorize the City Manager to Execute an Agreement between the City of Allen and the Lone Star Conference to Host the 2013 - 2014 Men's and Women's Conference Championship Basketball Tournaments at the Allen Event Center. 10. Authorize the City Manager to Execute an Arena Lease Agreement with Top Shelf, LLC. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2011 PAGE 3 11. Authorize the City Manager to Execute a License and Facilities Agreement with Emerson Farm Company, Ltd Related to Hamilton Hills. 12. Authorize the City Manager to Execute a Public Improvement Deferral Agreement with Emerson Farm Company, Ltd Related to Hamilton Hills and Connemara Crossing. 13. Authorize the City Manager to Execute a Public Improvement Deferral Agreement with Emerson Farm Company, Ltd and Montgomery Tree Farms of Texas, GP, LLC Related to Hamilton Hills and Tree Farm Headquarters Property. 14. Award Bid and Authorize the City Manager to Execute a Contract with Medalist Golf, Inc. for the Renovation of Chase Oaks Golf Course, for an Amount Not to Exceed $8,168,325.87 and Approve Deductive Change Order No. 1 in the Amount of ($662,291.56) for a net Contract Amount of $7,506,034.31, and Establish a Project Budget of $8,168,326 for Construction. 15. Receive the Summary of Property Tax Collections as of August 2011. 16. Receive the Capital Improvement Program (CIP) Status Report. The motion carried. 17. Conduct a Public Hearing and Adopt an Ordinance Amending the Concept Plan and Planned Development PD Regulations for 14.466* acres, Cumberland Crossing Phase IV Located West of Twin Creeks Drive and North of Exchange Parkway. 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. 3034-9-11: 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 CONCEPT PLAN AND DEVELOPMENT REGULATIONS RELATING TO A PORTION OF TRACT "A" OF PLANNED DEVELOPMENT NO. 98 (PD -98) ZONED SINGLE FAMILY RESIDENTIAL `R4"; SAID PROPERTY BEING 14.466* ACRES M THE MARY STANDIFER SURVEY, ABSTRACT NO. 812, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A CONFLICTS RESOLUTION CLAUSE; 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 Mayor Pro Tem Stout and a second by Councilmember Caplinger, the Council voted five (5) for and none (0) opposed to adopt Ordinance No. 3034-9-11, as previously captioned, amending the Concept Plan, and Planned Development PD Regulations for Cumberland Crossing Phase IV The motion carried. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2011 PAGE 4 18. Conduct a Public Hearing and Adopt an Ordinance Amending the Development Regulations and Elevations for Lots 125-130, Block A in the Villas at Twin Creeks Phase 1, Located North of McDermott Drive and West of Benton Drive. 19. Conduct a Public Hearing and Adopt an Ordinance Amending the Concept Plan, Development Regulations and Elevations for Lots 1-22, Block C, Lots 15-21, Block D, Lots 7-18, Block E in the Villas at Twin Creeks, Phase II, Located at the Northwest Corner of Watters Road and Plainview Drive. 20. Conduct a Public Hearing and Adopt an Ordinance Amending the Concept Plan, Development Regulations and Elevations for 0.365 f Acres in the Villas at Twin Creeks Phase IH, Located West of Watters Road and East of Noah Drive. Mayor Terrell opened the public hearings for Agenda Item Nos. 18, 19 and 20, and asked anyone wishing to speak for or against any of these items to do so at this time. With no one speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 3035-9-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE DEVELOPMENT REGULATIONS AND ELEVATIONS ON PROPERTY PRESENTLY ZONED PLANNED DEVELOPMENT NO. 54 (PD -54) FOR TOWNHOME (TH), AS HERETOFORE AMENDED AND DESCRIBED AS LOTS 125 THROUGH 130, INCLUSIVE, BLOCK A, OF THE FINAL PLAT FOR VILLAS AT TWIN CREEKS PHASE 1, CITY OF ALLEN, TEXAS; PROVIDING 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 Mayor Pro Tem Stout, the Council voted five (5) for and none (0) opposed to adopt Ordinance No. 3035-9-11, as previously captioned, amending the development regulations and elevations for Lots 125- 130, Block A in the Villas at Twin Creeks Phase L The motion carried. ORDINANCE NO. 3036-9-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE CONCEPT PLAN, DEVELOPMENT REGULATIONS, AND ELEVATIONS ON PROPERTY PRESENTLY ZONED PLANNED DEVELOPMENT NO. 54 (PD -54) FOR TOWNHOME (TH), AS HERETOFORE AMENDED AND DESCRIBED AS LOTS 1 THROUGH 22, INCLUSIVE, BLOCK C, LOTS 15 THROUGH 21, INCLUSIVE, BLOCK D, AND LOTS 7 THROUGH 18, INCLUSIVE, BLOCK E OF THE FINAL PLAT FOR VILLAS AT TWIN CREEKS PHASE 11, CITY OF ALLEN, TEXAS; PROVIDING 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 Caplinger and a second by Councilmember Herald, the Council voted five (5) for and none (0) opposed to adopt Ordinance No 3036-9-11, as ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2011 PAGE 5 previously captioned, amending the Concept Plan, Development Regulations and Elevations for Lots 1-22, Block C, Lots 15-21, Block D, Lots 7-I8, Block E in the Villas at Twin Creeks, Phase II The motion carried. ORDINANCE NO. 3037-9-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE CONCEPT PLAN, DEVELOPMENT REGULATIONS, AND ELEVATIONS ON PROPERTY PRESENTLY ZONED PLANNED DEVELOPMENT NO. 54 (PD -54) FOR TOWNHOME (TH), AS HERETOFORE AMENDED, SAID PROPERTY BEING 0.365 t ACRES OF LAND OUT OF THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A"; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABBdfY 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 Stout and a second by Councilmember Sedlacek, the Council voted five (5) for and none (0) opposed to adopt Ordinance No. 3037-9-11, as previously captioned, amending the Concept Plan, Development Regulations and Elevations for 0.365 t acres in the Villas at Twin Creeks Phase III. The motion carried. 21. 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. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Caplinger, the Council voted five (5) for and none (0) opposed to accept the nominations presented by the Council Nominating Committee and that the slate of individuals nominated be appointed by acclamation to the designated places as follows Animal Shelter Advisory Committee Expiration Date Place No. I Dr. Alan Coffman September 30, 2013 Place No. 5 Justin Schaffner September 30, 2013 Board of Adjustment/Building & Standards Commission/ Sign Board Expiration Date Place No. 1 Gene Autrey September 30, 2013 Place No. 3 Joel Hemphill September 30, 2013 Place No. 5 Barbara McNutt September 30, 2013 Alt. Place No. I Michael Freiberger September 30, 2011 Alt. Place No. 3 Kimberly Clark September 30, 2011 Central Business District Design Review Committee Expiration Date Place No. 1 Paula Ross September 30, 2013 ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2011 PAGE 6 /■n, !'! Community Development Corporation Expiration Date �� Place No. 1 Chris Schulmeister September 30, 2013 Place No. 3 Lonnie Simmons September 30, 2013 Place No. 5 Richard Kessler September 30, 2013 Economic Development Corporation Expiration Date Place No. 3 Susan Bardemay September 30, 2014 Keep Allen Beautiful Expiration Date Place No. l Kelley Bayne September 30, 2013 Place No. 2 Michelle Ross September 30, 2012 Place No. 3 Stacy Gonzales September 30, 2013 Place No. 5 Beverly Pruitt September 30, 2013 Place No. 7 Mark Schallhorn September 30, 2013 Library Board Expiration Date Place No. 1 Cindy Briggs September 30, 2013 Place No. 3 Carson Doss September 30, 2013 Place No. 5 Hugh Brown September 30, 2013 Place No. 7 Rajeev Venus September 30, 2013 Parks and Recreation Board Expiration Date Place No. I Tony Airhart September 30, 2013 Place No. 3 Tricia Losavio September 30, 2013 Place No. 5 Tom Cowart September 30, 2013 Place No. 7 Paul Davidson September 30, 2013 Planning and Zoning Commission Expiration Date Place No I Ben Trahan September 30, 2011 Place No. 3 Stephen Platt September 30, 2013 Place No. 5 Shirley Mangrum September 30, 2013 Place No 7 John Ogrizovich September 30, 2013 Public Art Committee Expiration Date Place No. I Emile Carriere September 30, 2013 Place No. 3 Ann Carroll September 30, 2013 Place No. 5 Susan Barry September 30, 2013 Place No. 7 Denise Gilbert September 30, 2013 The motion carried. Other Business 22. Calendar October 4 -Allen National Night Out 23. Items of Interest i . Connemara's "Into the Meadow" dinner will be held on October 1. Council wished happy birthday to Assistant City Manager Siemer and Councilmember Herald's daughter, Katie. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27, 2011 • Council recognized a Boy Scout from Troop 328 in attendance as a requirement for earning a merit badge. • The Allen Rotary Club will hold its annual Chili Cook -off on October 8. • The Allen Kiwanis Club will hold its annual Golf Tournament on October 6. Executive Session 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 was not held. 19. Reconvene and Consider Action on Items Discusses during Executive Session. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Caplinger, the Council voted five (5) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7:38 p.m. on Tuesday, September 27, 2011. The motion carried. I These minutes approved on the I P" day of October, 2011 APPROVED: ATTEST: Shelley B. Georie, INTY SECRETARY 11 Stephen Terrell, MAYOR