Min - City Council - 2009 - 08/25 - RegularA
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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