Min - 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
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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.
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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:
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Stephen Terrell, MAYOR
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Shelley B. Geork6, CITY SECRETARY