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Home My WebLink AboutMin - City Council - 2012 - 08/28 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 28, 2012 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 Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office Peter G. Smith, City Attorney (absent) Joe Gorfida, Jr , 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 6:18 p.m. on Tuesday, August 28, 2012, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Discussion Regarding Commercial and Residential Building Permit Fees and Contractor Registration Fees • 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 6:52 p.m on Tuesday, August 28, 2012. Call to Order and Announce a Ouorum is Present With a quoram of the Councilmembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7:02 p.m. on Tuesday, August 28, 2012, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Alleeiance Public Recognition ALLEN CITY COUNCIL REGULAR MEETING AUGUST 28, 2012 PAGE 2 1. Citizens' Comments. Presentation of a Proclamation by the Office of the Mayor: • Presentation of a Proclamation to Kimberly J. Munson, Chair of the 2012 Collin County Walk to End Alzheimer's, Proclaiming September 15, 2012, as Walk to End Alaheimer's Day. Recognition of the City of Allen Finance Department as the Recipient of the Distinguished Budget Presentation Award by the Government Finance Officers Association (GFOA) for the Thirteenth Consecutive Year. Consent Aeenda 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: 4. Approve Minutes of the August 14, 2012, Regular Meeting. 5. Approve Minutes of the August 17-19,2012, City Council Budget Workshop. 6. Authorize the City Manager to Execute the Settlement Agreement with Cottonwood Management, Ltd. for an Amount of $243,960.60 Concluding the Matter Related to the Acquisition of Right -of -Way for Ridgeview Drive and Chelsea Boulevard. 7. Authorize the City Manager to Execute a Right -of -Way Dedication Agreement with Southern One Twenty One Investments, Ltd. for Ridgeview Drive in the Amount of $255,206 plus Closing Costs. S. Authorize the City Manager to Execute a Professional Services Contract with BW2 Engineers, Inc. in the Amount of $227,550 for the Design of the Whis-Lynge Hill and Rolling Hill Estates Water and Sanitary Sewer Rehabilitation Project and Establish an Initial Project Budget in the Amount of $265,000. 9. Authorize the City Manager to Execute a Professional Services Contract with Teague Nall and Perkins, Inc. in the Amount of $81,000 for the Design of the Ridgeview Drive, Phase 1 (Watters Road to Stacy Road) Project and Establish an Initial Project Budget in the Amount of $96,000. 10. Award Bid and Authorize the City Manager to Execute a Contract with Ratliff Hardscape, Ltd. in the Amount of $257,002.24 for the Stacy Road Pump Station Screening Wall Project and Establish a Project Budget in the Amount of $345,400. 11. Receive the Summary of Property Tax Collections as of July 2012. 12. Receive the Capital Improvement Program (CIP) Status Reports. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 28, 2012 PAGE 3 13. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning to Grant a Specific Use Permit for a Fitness and Health Center Use Located at 909 W. Stacy Road. [Ender Swim School] 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. 3101-8-12: 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. 129 AUTHORIZING THE PROPERTY DESCRIBED AS LOT 3, BLOCK A, WATTERS VILLAGE, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 909 W STACY ROAD, ALLEN, TEXAS) PRESENTLY ZONED PLANNED DEVELOPMENT NO 86 FOR SHOPPING CENTER "SC" USE, TO BE DEVELOPED AND USED FOR A FITNESS AND HEALTH CENTER; 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 Caplinger and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3101-8-12, as previously captioned, approving Specific Use Permit No. 129 for a Fitness and Health Center for Emler Swim School located at 909 W Stacy Road, Allen, Texas. The motion carried. 14. Conduct a Public Hearing on the Fiscal Year 2012-2013 Budget as Required by Article IV, Section 4.04 of the Allen City Charter. 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. Mayor Terrell announced that the City Council will vote on the budget at the September 11, 2012, City Council meeting at 7:00 p.m. at Allen City Hall, 305 Century Parkway, Allen, Texas. 15. Conduct a Public Hearing Regarding the Fiscal Year 2012-2013 City Tax Rate. 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 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 set the City Council meeting date of September 11, 2012, at 7:00 PM at Allen City Hall, 305 Century Parkway, Allen, Texas, to vote on the proposed tax rate of 55.2 cents per $100 of the certified appraised value for the Fiscal Year 2012-2013 budget. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 28, 2012 PAGE 4 The following two agenda items were considered together as one motion. 16. Motion to Confirm City Council Appointments to the Following Council Standing Committees for Fiscal Year 2012-2013 as Recommended by Mayor Terrell: Convention and Visitors Bureau Committee Finance/Audit Committee 17. Motion to Confirm Appointments of Councilmembers as Liaisons to City Boards and Commissions as Nominated by Mayor Terrell. Mayor Terrell made the following nominations Mayor Terrell Mayor's Committee member ACCC Mayors' Committee NCTCOG Board of Directors, Serves as City of Allen Liaison Dallas Regional Mobility Coalition, Executive Committee Member Regional Transportation Committee, Alternate Member Chamber of Commerce, Board of Directors Mayor Pro Tem Caplinger Mayor's Committee Member Economic Development Corporation Board Member Animal Shelter Advisory Committee, Council Liaison Board of Adjustment, Council Liaison Building & Standards Commission, Council Liaison Sign Control Board, Council Liaison CBD Design Review Committee, Council Liaison Councilmember Kizer Council Finance/Audit Committee Member Planning & Zoning Commission, Council Liaison Councilmember Obermeyer Council Convention and Visitors Bureau Committee Member Council Nominating Committee Member Community Development Corporation Board Member North Texas Municipal Water District, Council Liaison Councilmember Herald Keep Allen Beautiful, Council Liaison Library Board, Council Liaison Councilmember Sedlacek ACO Advisory Council Council Convention and Visitors Bureau Committee Member Council Finance/Audit Committee Member Council Nominating Committee Member Public Art Committee, Council Liaison Councilmember Brooks Council Convention and Visitors Bureau Committee Member Council Finance/ Audit Committee Member Council Nominating Committee Member Parks and Recreation Board, Council Liaison 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 confirm the appointments to ALLEN CITY COUNCIL REGULAR MEETING AUGUST 28, 2012 PAGES the Council Standing Committees and Council Liaisons positions as nominated by Mayor Terrell. The motion carried. 22. Calendar. • September 3 —City Facilities Closed in Observance of Labor Day • September l l — City Council will Vote on the Fiscal Year 2012-2013 Budget, 7 p.m., Allen City Hall • Septemberl 1 — City Council will Vote on the Fiscal Year 2012-2013 Tax Rate, 7 p.m., Allen City Hall 23. Items of Interest. • Council wished a happy birthday to City Attorney Pete Smith, Councilmember Kurt Kizer and Mayor Terrell • Council recognized Boy Scouts from Troops 285, 2224 and 1299 in attendance as a requirement for earning the citizenship in community and communications merit badges. Executive Session The Executive Session was not held. Adiourn 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 Meeting of the Allen City Council at 7:29 p.m. on Tuesday, August 28, 2012. The motion carried. These minutes approved on the 1 I' day of September, 2012. APPROVED: 4Q�nncao Stephen Terrell, MAYOR rvF01101-llF Shelley B. Geork6, CITY SECRETARY