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Home My WebLink AboutMin - City Council - 2010 - 04/27 - RegularALLEN CITY COUNCIL REGULAR MEETING APRIL 27, 2010 Present: Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor City Staff: Peter H. Vargas, City Manager Shelley B George, City Secretary Pete Smith, City Attorney Kevin Laughlin, Attorney 1 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 17 p in. on Tuesday, April 27, 2010, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. The following items were discussed: • Update on City of Allen Strategic Plan • Briefing regarding the Proposed Amendment to the Deed Restrictions for The Aspens at the Twin Creeks Development With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:55 p.m. on Tuesday, April 27, 2010. 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 7:02 p.m. on Tuesday, April 27, 2010, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition 1. Citizens' Comments. 2. Presentation of Proclamations by the Office of the Mayor: ALLEN CITY COUNCIL REGULAR MEETING APRIL 27. 2010 PAGE 2 • Presentation of a Proclamation to Ms. Lisa Waldbauer, Proclaiming May 16, 2010, as "CROP Hunger Balk Day " • Presentation of a Proclamation to Vikki Francis, Animal Control Supervisor, and Representatives of the Animal Control Division Proclaiming May 2-8, 2010, as "Pet [Veek " • Presentation of a Proclamation to Vikki Francis, Animal Control Supervisor, and Representatives of the Animal Control Division, Proclaiming May 16-22, 2010, as "Bite Prevention Week. " • Presentation of a Proclamation to Representatives of the Allen Americans Proclaiming May 2010 as 'Dread the Red Month " Consent Apenda 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 April 13, 2010, Regular Meeting. 4. Adopt a Resolution Authorizing the City Manager to Approve the Amendment to the Deed Restrictions for The Aspens at the Twin Creeks Development. RESOLUTION NO. 2906-4-10(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE FIRST AMENDMENT TO DECLARATION OF AGE RESTRICTIONS FOR TILE ASPENS AT TWIN CREEKS, AND PROVIDING FOR AN EFFECTIVE DATE. 5. Adopt a Resolution Authorizing the City Manager to Accept, Reject, Alter, or Terminate a Grant from the American Recovery and Reinvestment Act Assistance to Firefighters Station Construction Grant in the amount of $1,803,126. RESOLUTION NO. 2907-4-10(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT', IN DEALING WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY, HEREINAFTER REFERRED TO AS "GRANTOR," FOR THE PURPOSE OF PARTICIPATING IN THE AMERICAN RECOVERY AND REINVESTMENT ACT ASSISTANCE TO FIREFIGHTERS STATION CONSTRUCTION GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT' IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND PROVIDING AN EFFECTIVE DATE. 6. Award Bid and Authorize the City Manager to Execute Annual Contracts for Mowing Maintenance Services for Parks, Medians, Municipal Properties, and Greenbelts with Martin Property Maintenance, LLC for $358,614; JBa Land Management, LLC for $170,194.06; Blade Turners Maintenance for $156,040; VallcyCrest Landscape Maintenance for $77,343; and Texas Tree and Turf Company for $72,767 for a Total of $834,958.06 with an Option to Renew for Two One -Year Periods Under the Same Contract Terms and Conditions. ALLEN CITY COUNCIL REGULAR MEETING APRIL 27, 2010 PAGE 7. Authorize the City Manager to Execute a Contract with North Star for the Production of a Community BrandPrintTm for the Allen Convention and Visitors Bureau for an Amount not to Exceed $67,000. S. Receive the Financial Report for the Period Ending March 31, 2010. 9. Receive the Investment Report for Period Ending March 31, 2010. 10. Receive the Summary of Property Tax Collections as of March 2010. 11. Receive the Capital Improvement Program (CIP) Status Report. The motion carried. Regular Agenda 12. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit No. 110 for a Dance Studio on Property Currently Zoned SC Shopping Center on It Acre Located in the Eagle Plaza Shopping Center at 602 E. Main Street, Suite #E. Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time 1 With no one speaking, Mayor Terrell closed the public hearing ORDINANCE NO. 2908-4-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING TFIE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 110 TO ALLOW A PORTION OF A LOf ACRE TRACT OF LAND PRESENTLY ZONED SC — "SHOPPING CENTER;' GENERALLY LOCATED AT 602 E MAIN STREET, SUITE #E, ALLEN, TEXAS, TO BE USED AS A DANCE STUDIO; PROVIDING FOR SPECIAL CONDITIONS, PROVIDING FOR THE APPROVAL OF A SITE PLAN; PROVIDING FOR A CONFLICT 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 Mayor Pro Tem Stout, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2908-4-10, as previously captioned, granting Specific Use Permit No. 110 for a dance studio on property zoned SC Shopping Center on a part of I± acre located in the Eagle Plaza Shopping Center at 602 E. Main Street, Suite #E. The motion carried. 13. Conduct a Public Hearing and Adopt an Ordinance Amending PD Planned Development No. 55 to Add 'Church, Temple or Rectory' to the List of Allowed Uses on 5t Acres Located Southeast of Watters Road and Allen Central Drive. Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. ALLEN CITY COUNCIL REGULAR MEETING APRIL 27, 2010 PAGE 4 IWith no one speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2909-4-10: 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, AND IDENTIFIED AS TRACT 8 IN SAID ORDINANCE, BEING 5.6f ACRES LOCATED IN THE MICHAEL SEE SURVEY, ABSTRACT NO. 543, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A CONCEPT PLAN, PROVIDING FOR 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 Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2909-4-10, as previously captioned, amending PD Planned Development No 55 to add church, temple or rectory to the list of allowed used on Tract 8, on 51 acres located southeast of Watters Road and Allen Central Drive. The motion carried. Other Business 14. Calendar. May 8 m May 8 —Election Day, 7 a . — 7 p.m. May 8 —Youth Fishing Derby, Bethany Lakes Park, 8 a.m. — 1 p.m. • May 8 —Allen Heritage Guild, Mother Daughter Luncheon and Fashion Show, 11.30 a.m. — 2.30 p.m. 15. Items of Interest. • Council recognized Boy Scouts from Troop 266 and 79 in attendance as a requirement for earning their Communications in Community Merit Badges. • Council wished an early happy birthday to Councilmember Caplinger. • Councilmember Herald wished happy birthday to his wife, Charity Herald Executive Session The Executive Session was not held. 16. Reconvene and Consider Action on Items Discusses during Executive Session. Adiourn MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7.35 p.m. on Tuesday, April 27, 2010. The motion carried. A ALLEN CITY COUNCIL REGULAR MEETING APRIL 27.2010 1 These minutes approved on the 11th day of May, 2010 ATTEST: Shelley B. George, tAT SECRETA I APPROVED: Stc he Terrell, MAYOR PAGE 5