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Home My WebLink AboutMin - City Council - 2012 - 05/22 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 22, 2012 Present Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Baine Brooks City Statf: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Wes Pierson, Assistant Crty Manager Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office Pete Smith, City Attorney 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 7:00 p.m. on Tuesday, May 22, 2012, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Administration of Oaths -of -Office and Presentation of Certificates -of -Election Mayor Terrell presented Mayor Pro Tem Stout with a Tenure Award recognizing her I 1 years of service on the Allen City Council. She was presented with her nameplate as she stepped down from the Council bench. City Secretary George administered the Oath -of -Office to newly elected Councilmember Kurt Kizer, Place No. 1, and re-elected Councilmember Joey Herald, Place No. 3, and Councilmember Gary Caplinger, Place No. 5. Mayor Terrell presented the Certificates -of -Election and offered his congratulations to them. The Councilmembers took their places at the Council bench. Public Recognition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING MAY 22, 2012 PAGE 2 2. Presentation of a Proclamation by the Office of the Mayor: • Presentation of a Proclamation to Steve Massey, Director, and Representatives of the Community Services Department Proclaiming May 20-26, 2012, as "Public Works Week" Consent Aeenda MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Caplinger, 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 May 8, 2012, Regular Meeting. 4. Appoint Kathryn May, Health and Code Compliance Manager, to Place No. 2 on the Animal Shelter Advisory Committee. 5. Adopt a Resolution Establishing Rates and Fees for Commercial and Residential Solid Waste, Recycling, and Household Hazardous Waste Services. RESOLUTION NO. 30845-12(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES AND RATES FOR COMMERCIAL SOLID WASTE COLLECTION SERVICES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 6. Adopt a Resolution Authorizing the City Manager to Enter into an Interlocal Agreement Between the City of Allen and Collin County for Construction of Bethany Drive Improvements from Allen Heights to Angel Parkway (FM 2551). RESOLUTION NO. 3085-5-12(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND COLLIN COUNTY, TEXAS, AUTHORIZING PARTICIPATION IN THE CONSTRUCTION OF BETHANY DRIVE FROM ALLEN HEIGHTS TO FM 2551; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE 7. Authorize the City Manager to Execute a Facilities Agreement with Custer 121, L.P. related to the Proposed Custer-Ridgeview Multi -Family Development at the Northeast Corner of Custer Road and Ridgeview Drive. 8. Award Bid and Authorize the City Manager to Execute a Contract with Tiseo Paving Company in the Amount of $611,346.50 for the Construction of the Cabela Drive Acceleration Lane Project and Establish a Project Budget in the Amount of $795,000. 9. Receive the Summary of Property Tax Collections as of April 2012. 1 10. Receive the Capital Improvement Program (CIP) Status Reports. The motion carried ALLEN CITY COUNCIL REGULAR MEETING MAY 22, 2012 PAGE 3 Regular Aeenda 11. CONTINUE ITEM - Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning for 19.237+ Acres from Agriculture -Open Space AO and Community Facilities CF to a Planned Development for Single Family Residential R-5 and Adopt a Concept Plan, Development Regulations, and Building Elevations for Property Generally Located North of Exchange Parkway and West of Twin Creeks Drive Cumberland Crossing Phase V1. Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. 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 continue the Public Hearing and table this item to the June 12, 2012, City Council meeting for a change in zoning for 19.237+ acres from Agriculture -Open Space AO and Community Facilities CF to a Planned Development for Single Family Residential R-5 for property generally located north of Exchange Parkway and west of Twin Creeks Drive. The motion carried. 12. Conduct a Public Hearing and Adopt an Ordinance to Amend Various Sections of the Allen Land Development Code, Including Section 4.20.2, Schedule of Principal Uses, Regarding the Location of Pawn Shops, Dance Studios/Martial Arts, and Gymnastics and Sports Training Facility; Section 6.03.1, Private Club — Location, Term, Renewal, and Termination, Regarding the Location of Private Clubs; Section 6.04, Temporary Use Permits Regarding the Process and Purposes for Granting Temporary Use Permits; Section 7.04.1, Vehicle Parking, Regarding Determination of Minimum Off -Street Parking Requirements; Section 7.07.2, Construction of Screening Walls or Visual Barriers and Section 7.07.4, Screening Walls or Visual Barriers Required, Regarding Location of Walls and Fences and Allowable Fence and Wall Materials; and Appendix A. Definitions, Regarding the Definition of Dance Studios/Martial Arts, Gymnastics and Sports Training Facility, and Commercial Indoor Amusement. 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. 3086-5-12: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING SECTION 4.20.2 "SCHEDULE OF PRINCPLE USES" REGARDING THE LOCATION OF PAWN SHOPS, DANCE STUDIOS/MARTIAL ARTS, AND GYMNASTICS AND SPORTS TRAINING FACILITIES; AMENDING SECTION 6.03.1 "PRIVATE CLUB — LOCATION, TERM, RENEWAL AND TERMINATION" REGARDING THE LOCATION OF PRIVATE CLUBS; AMENDING SECTION 6.04 "TEMPORARY USE PERMITS," REGARDING THE PROCESS AND PURPOSE FOR GRANTING TEMPORARY USE PERMITS; AMENDING SECTION 7.04.1 "VEHICLE PARKING" REGARDING DETERMINATION OF OFF-STREET PARKING REQUIREMENTS; AMENDING SECTION 7.07.2 "CONSTRUCTION OF SCREENING WALLS OR VISUAL BARRIERS"; AND SECTION 7.074 "SCREENING WALLS OR VISUAL BARRIERS REQUIRED," REGARDING LOCATION OF WALLS AND FENCES AND ALLOWABLE FENCE AND WALL MATERIALS; AND AMENDING APPENDIX A "DEFINITIONS" REGARDING THE DEFINITIONS OF "DANCE STUDIOS/MARTIAL ARTS," "GYMNASTICS AND SPORTS TRAINING FACILITY," AND "COMMERCIAL INDOOR ALLEN CITY COUNCIL REGULAR MEETING MAY 22, 2012 PAGE 4 iAMUSEMENT"; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR 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 Sedlacek and a second by Councilmember Caplinger, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3086-5-12, as previously captioned, amending various sections of the Allen Land Development Code. The motion carried. Other Business 13. Calendar • May 28, June 4 - Summer Sounds Concert Series, JFRC, 7 p.m. • May 29 - Primary Election Day, 7 a.m. - 7 p.m. 14. Items of Interest • Council recognized Boy Scouts from Troop 4031 in attendance as a requirement for earning the communications merit badge. • The Allen Blues Festival will be held on May 27 at Allen Event Center, 1 Executive Session The Executive Session was not held. Adjourn 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 7:24 p.m. on Tuesday, May 22, 2012. The motion carried. These minutes approved on the 121b day of June, 2012. APPRO D: Stephen rrell, MAYOR ATTEST: T Shelley B. George, CITY SEC RRE A Y