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Home My WebLink AboutMin - City Council - 2012 - 10/09 - RegularGary L. Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Baine Brooks City Staff ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2012 Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager (absent) Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office Peter G. 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 6:22 p in. on Tuesday, October 9, 2012, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Briefing Regarding a Possible Public/Private Partnership for an Indoor Rock Climbing Wall • Update Regarding the Water Conservation Status • 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 7:05 p.m. on Tuesday, October 9, 2012 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* 11 p m. on Tuesday, October 9, 2012, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Alleeiance Present: Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Baine Brooks City Staff ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2012 Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager (absent) Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office Peter G. 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 6:22 p in. on Tuesday, October 9, 2012, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Briefing Regarding a Possible Public/Private Partnership for an Indoor Rock Climbing Wall • Update Regarding the Water Conservation Status • 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 7:05 p.m. on Tuesday, October 9, 2012 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* 11 p m. on Tuesday, October 9, 2012, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Alleeiance ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2012 PAGE 2 1. Citizens' Comments. Larry Wainwright, 1012 Madera Court, Allen, Texas, expressed concern over animal control fines through Municipal Court. 2. Presentation by Jane Bennett, Chairperson for ALLen Reads, Regarding the 2012 ALLen Reads Program. 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 3. Approve Minutes of the September 25, 2012, Regular Meeting. 4. Adopt a Resolution Authorizing the Arts Center of North Texas, Inc., to Return any Restricted Assets to the Appropriate Donors and Satisfy any Existing Liabilities and Dissolve in Accordance with Applicable Law. RESOLUTION NO. 3112-10-12(RI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE ARTS CENTER OF NORTH TEXAS, INC ("ACNT") TO RETURN ANY RESTRICTED ASSETS TO THE APPROPRIATE DONORS AND TO RETURN THE LAND AS DETERMINED BY THE ACNT: TO SATISFY ANY EXISTING LIABILITIES AND TO DISSOLVE IN ACCORDANCE WITH APPLICABLE LAW; ANY REMAINING ASSETS SHALL BE RETURNED IN EQUAL SHARES TO PLANO, ALLEN, AND FRISCO; AND PROVIDING FOR AN EFFECTIVE DATE. 5. Adopt a Resolution Making the Determination that no Update of Land Use Assumptions, Capital Improvements Plan, or Impact Fees is Needed. RESOLUTION NO. 3113-10-12(R)' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, MAKING THE DETERMINATION THAT NO UPDATE OF THE CITY'S LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, OR IMPACT FEES IS NEEDED; AND PROVIDING AN EFFECTIVE DATE. 6. Resolution Adopting an Amended Investment Policy Governing the Investment of Municipal Funds. RESOLUTION NO. 3114-10-12(R). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN AMENDED POLICY FOR THE INVESTMENT OF MUNICIPAL FUNDS; AND PROVIDING AN EFFECTIVE DATE. 7. Authorize the City Manager to Purchase One 2.75 Cubic Yard Wheel Loader with Related Equipment through the Texas Local Government Statewide Purchasing Cooperative (Buyboard) for a Total Cost of $158,157.50 from RDO Equipment Company, Inc. 8. Award Bid and Authorize the City Manager to Execute a One Year Contract with Three, One Year Options to Renew with Recreation Consultants of Texas for an Annual Amount Not to Exceed $66,000 for Playground Safety Surface Material. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2012 PAGE 9. Authorize the City Manager to Execute a Professional Services Contract with Binkley & Barfield/C&P, Inc. in the Amount of $289,500 for the Design of the Exchange Parkway Widening Project and Establish an Initial Project Budget in the Amount of $330,000. The motion carried. 10. Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning from Planned Development No. 106 for Shopping Center with a Car Wash Use to Planned Development No. 106 for Shopping Center with a Fueling Station Use and Amend the Concept Plan and Development Regulations for 1.31± Acres Located North of Hedgcoxe Road and East of Custer Road. j7 -Elevens 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. 3115-10-12: 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 A CHANGE IN ZONING FOR 1.31± ACRES IN THE GRIZZLE KENNEDY SURVEY, ABSTRACT NO. 499, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM PLANNED DEVELOPMENT "PD" NO. 106 FOR SHOPPING CENTER "SC" WITH A CAR WASH USE TO PLANNED DEVELOPMENT "PD" NO. 106 FOR SHOPPING CENTER "SC" WITH A FUELING STATION USE; ADOPTING A CONCEPT PLAN; ADOPTING A CONCEPTUAL LANDSCAPE PLAN: ADOPTING BUILDING ELEVATIONS: ADOPTING CANOPY ELEVATIONS, ADOPTING DEVELOPMENT REGULATIONS, 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 Councilmember Herald and a second by Mayor Pro Tem Caplinger, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No 3115-10-12, as previously captioned, approving the zoning change for Planned Development No. 106 for shopping center with a car wash use to Planned Development No 106 for shopping center with a fueling station use and amend the Concept Plan and Development Regulations for 1.31± acres located north of Hedgcoxe Road and east of Custer Road. The motion carried. The Mayor moved to Other Business. Other Business 1 12. Calendar. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2012 E13. Items of Interest. PAGE 4 • Council wished a happy birthday to Mr. Vargas. • Council wished a happy birthday to Councilmember Herald • The Kiwanis Club will host a Golf Tournament on October 18. • Council recognized Boy Scouts from Troops 624 in attendance as a requirement for earring the citizenship in community merit badge. The Regular Meeting was recessed at 734 p in. In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 7 45 p.m. on Tuesday, October 9, 2012 in the Council Conference Room, 305 Century Parkwav, Allen, Texas, in order to discuss matters pertaining to: 14. Personnel Pursuant to Section 551.074 of the Texas Government Code — Discuss Appointments to the Community Development Corporation, Economic Development Corporation, and Planning and Zoning Commission. The Executive Session adjourned at 8:50 p.m. on Tuesday, October 9, 2012. 15. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into the Regular Meeting at 851 p.m. on Tuesday, October 9, 2012. The following action was taken by the Allen City Council. 11. Consider Appointments to Fill Expiring Terms and Vacancies on the Following Boards, Commissions, Committees, and Corporations: Community Development Corporation Board, Economic Development Corporation Board, Parks and Recreation Board, Planning and Zoning Commission, and Public Art Committee. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Mayor Pro Tem Caplinger, the Council voted seven (7) for and none (0) opposed to accept the nominations presented by the Council Nominating Committee and that the slate of individuals nominated be appointed by acclamation to the designated places as follows: Community Development Corporation Expiration Date Place No. 2 George Chrisman September 30, 2014 Place No. 4 Rebecca Tudor September 30, 2014 Place No. 6 Tommy Bari] September 30, 2014 Economic Development Corporation Expiration Date Place No. I Joey Herald September 30, 2014 Place No. 2 Michael Schaeffer September 30, 2015 Place No 5 Greg Kennedy September 30, 2013 ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 9, 2012 1 Parks and Recreation Board Expiration Date PAGES Place No. 2 Libby Jones September 30, 2014 Place No 4 Rodrigo Vizcamo September 30, 2014 Place No. 6 John Holley September 30, 2014 Planning & Zoning Commission Expiration Date Place No. 2 Barbara McNutt September 30, 2014 Place No. 4 Jeff Cocking September 30, 2014 Place No. 6 Robert Wendland September 30, 2014 Public Art Committee Expiration Date Place No. 2 Matthew Grant September 30, 2014 Place No. 4 Jane Bennett September 30, 2014 Place No. 6 Steve Benson September 30, 2014 The motion carried. Adjourn MOTION: Upon a motion made by Councdmember 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 8'55 p.m. on Tuesday, October 9, 2012. The motion carried. These minutes approved on the 23r° day of October, 2012. 1:140Y*3IA ��- Shelley B. Georg ,CITY SEC ARY A APPROVED: Ai;kw CommW to en Terrell, MAYOR