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Home My WebLink AboutMin - City Council - 2008 - 05/13 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 13, 2008 Present Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obenneyer (arrived at 6:57 p.m.) Robin L. Sedlacek Gary L. Caplinger Jeff McGregor City Statf: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B George, City Secretary Pete Smith, City Attorney IWorkshop Session With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:17 p m. on Tuesday. May 13, 2008, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: • Introduction of Pat Buckley, Keep Allen Beautiful Board Chair • Short Film Featuring the Allen Event Center and The Village at Allen • Discussion Regarding the Water Conservation and Drought Contingency and Water Emergency Response Plan for the City of Allen With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7,08 p in. on Tuesday, May 13, 2008. 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 7:13 p.m. on Tuesday, May 13, 2008, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Alleeiance Public Recognition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING MAY 13, 2008 PAGE 2 2. Presentation of a Blue Star Flag to the Family of an Allen Serviceman Currently Deployed by the U.S. Armed Forces. Carl and Laurie Clemencich, Jr., parents of Ensign Carl J. Clemencich, 111, of the United States Navy. 3. Presentation of Proclamations by the Office of the Mayor. • Presentation of a Proclamation to Representatives of the Allen High School Bowling Team, Proclaiming May 13, 2008, as "Allen High School Bowling Day " • Presentation of a Proclamation to Representatives of the Allen Police Department, Proclaiming the weeks of May 19 - June 1, 2008, as "Click It Or Ticket " 4. Recognition of Eagle Scouts for their Efforts Focusing on Beautification or Environmental Awareness Projects Benefiting the City of Allen and Presentation of Certificates of Appreciation by the Keep Allen Beautiful Board. 5. Present a Plaque of Appreciation to a Former Member of the Keep Allen Beautiful Board. • Dan Jenkins, Keep Allen Beautiful Board, 2003-2008 6. Ms. Patricia Buckley, Chair, Presented the Keep Allen Beautiful Board's Annual Report to City Council. 7. Presentation by Greg Roemer, President, and Robert Medigovich, Municipal Coordinator, Regarding the Community Waste Disposal, Inc.'s Annual Report. Consent Agenda MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) opposed to adopt the consent agenda as follows: 8. Approve Minutes of the April 22, 2008, Regular Meeting. 9. Adopt an Amendment to the Tax Abatement Agreement among the City of Allen, JaRyCo Development LLC and Twin Creeks Hospital, LP, d/b/a SeniorHealth Incorporated, to Change the Name of the Tenant to TC Allen Hospital, L.P. 10. Authorize the City Manager to Execute a Contract with Metheny Commercial Lawn Maintenance, Inc. for an Amount not to exceed $276,195 for Construction of the East Main Street Median Landscape Project. It. Receive Financial Report for the Period Ending March 31, 2008. 12. Receive Investment Report for the Period Ending March 31, 2008. The motion earned. Regular Agenda 13. Consider all Matters Incident and Related to the Issuance and Sale of City of Allen, Texas, General Obligation Bonds, Series 2008, in the Amount of $10,185,000, Including the Adoption ALLEN CITY COUNCIL REGULAR MEETING MAY 13, 2008 PAGES of an Ordinance Authorizing the Issuance of Such Bonds for Funding the Following Projects: Service Center Facilities, Streets, Parks, and Public Safety. ORDINANCE NO. 2731-5-08: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF ALLEN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2008" SPECIFYING THE TERMS AND FEATURES OF SAID BONDS, LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A BOND PURCHASE AGREEMENT, AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councdmember Caplinger and a second by Councdmember McGregor, the Council voted six (6) for and none (0) opposed to adopt Ordinance No 2731- 5-08, as previously captioned, authorizing the issuance of General Obligation Bonds, Series 2008, in the amount of $10,185,000 and all matters incident and related to the issuance, sale, payment, and delivery of the bonds The motion carried. 14. Conduct a Public Hearing and Adopt an Ordinance Requesting Specific Use Permit No. 104 for a Goodyear Tire Service Center on .92+/- Acres Located at the Southwest Corner of Stacy Road and Goodman Drive. Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. Ken Krogems, 1802 Stacy, Allen, Texas 70002, spoke in opposition to the request. Issa Boueri, proponent, 7117 Lyon's Road, Garland, Texas 75043, spoke in support of the request. Todd Stein, represents property owner, 4631 Elsby, Dallas, Texas 75209, spoke in support of the request. With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2732-5-08: 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 BY GRANTING A SPECIFIC USE PERMIT NO. 104 FOR TIRE SALES AND RELATED PARTS WITH MINOR AUTOMOTIVE CARE SERVICES FOR PROPERTY ZONED "PD" PLANNED DEVELOPMENT NO. 61, BEING 0 92t ACRES DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, PROVIDING FOR SPECIAL CONDITIONS, PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 Councils tuber Obermeyer and a second by Councilmember Sedlacek, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2732-5- 08, as previously captioned, granting Specific Use Permit No. 104 for a Goodyear Tire Service Center on 923 acres located at the southwest comer of Stacy Road and Goodman Drive. The motion earned. ALLEN CITY COUNCIL REGULAR MEETING MAY 13, 2008 15. Calendar. • May 19, 26—Summer Sounds Concerts/Joe Farmer Recreation Center • May 21 — Canvass of the Elections • May 26— City Offices Closed in Observance of Memorial Day 16. Items of Interest. PAGE Mayor Terrell announced a revised date for the Canvass of the Election to May 21, 2008, at 2 p.m. to ensure a quorum would be present for the Council to order the General Runoff Ele tion within the time period established by State law. Executive Session The Executive Session was not held. Adjourn MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Sedlacek, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8:47 p.m. on Tuesday, May 13, 2008. The motion carried. These minutes approved on the 271b day of May, 2008. ATTEST: Shelley B. Geo , TRMC, CITY CRETARY Il APPROVED: Stephen Terrell, MAYOR