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Min - City Council - 2008 - 04/22 - RegularFilm III tlmalIrcKwsfet► REGULAR MEETING APRIL 22, 2008 Present: Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Robin L. Sedlacek Gary L. Caplinger Jeff McGregor City Staff: 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 6:15 p.m. on Tuesday, April 22, 2008, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: • Update on Transportation Projects • Committee Updates from City Council Liaisons o Public An Committee o Library Board With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:55 p.m on Tuesday, April 22, 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 7:05 p.m. on Tuesday, April 22, 2008, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Alleeiance Public Recoenition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING APRIL 22, 2008 6VA" ri( Steve Lowden, 701 Ashcrest Court, Allen, Texas, representative of the Allen Estates Home Owners Association, expressed safety concerns regarding the construction and future design of SH 5. 2. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Representatives of the Allen High School Boys and Girls Soccer Teams, Proclaiming April 22, 2008, as, "Allen High School Soccer Day." • Presentation of a Proclamation to Representatives of Leadership Allen Class XIX, Proclaiming April 2008, as, "Child Abuse Prevention Month." Present a Plaque of Appreciation to Former Arts of Collin County Commissioner. • David Sterling, Arts of Collin County Commission, Inc., 2004-2008 Consent Aeenda MOTION: Upon a motion made by Councilmember Sedlacek and a second by Mayor Pro Tem Stout, Council voted six (6) for and none (0) opposed to adopt the consent agenda as follows: 4. Approve Minutes of the March 31, 2008, Joint Workshop of the Arts of Collin County Commission, Inc., Owner Cities and Board of Directors. 5. Approve Minutes of the April 7, 2008, TRIAD Meeting. 6. Approve Minutes of the April 8, 2008, Regular Meeting. 7. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the United States Department of Justice to Accept the Bulletproof Vest Partnership Grant, if Awarded. RESOLUTION NO. 2726-4-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE FOR BULLETPROOF VESTS, IF AWARDED. 8. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Slate of Texas to Accept the Tobacco Compliance Grant, if Awarded. RESOLUTION NO. 27274-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE STATE OF TEXAS, TO ACCEPT THE TOBACCO COMPLIANCE GRANT, IF AWARDED 9. Adopt a Resolution Establishing a Goal to Reduce Electric Consumption for City Facilities by Five Percent Each Year for Six Years in Response to the Passage of Senate Bill 12 by the Texas Legislature. RESOLUTION NO. 2728-4-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING THE ENERGY EFFICIENCY GOALS ALLEN CITY COUNCIL REGULAR MEETING APRIL 22, 2008 PAGE ESTABLISHED IN SENATE BILL 12 OF THE 80m LEGISLATIVE SESSION OF 2007, STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. 10. Authorize the City Manager to Execute a One -Year Contract with the Option to Renew for Two One -Year Periods for the Purchase and Delivery of Medical Supplies From the Following Vendors: Bound Tree Medical, LLC for an Amount not to Exceed $13,027.15; Interboro Packaging Corporation for an Amount not to Exceed $3,380.00; Tri-Anim Health Services, Inc. for an Amount not to Exceed $19,981.72; and Henry Schein Matrx Medical for an Amount not to Exceed $46,188.71. 11. Motion to Set the Canvass of the May 10, 2008, General and Special Elections at 6:00 p.m. on Tuesday, May 20, 2008. 12. Accept Resignation and Declare a Vacancy in Place No. 7 on the Keep Allen Beautiful Board. 13. Receive the CIP (Capital Improvement Program) Status Report. 14. Receive the Summary of Property Tax Collections as of March 2008. The motion carried. Council commended City staff on their commitment to energy conservation and the 19% reduction in use during the last five years. Reeular Aeenda 15. Adopt a Resolution Approving a Funding Agreement Between the Cities of Allen, Frisco and Plano in the Amount of $100,000 Per City for Final Construction Document and Bid Document Development for Phase 1 of the Arts of Collin County Project. Council commented that the funding for this agreement was provided from the general obligation bonds for a performing arts center. RESOLUTION NO. 2729-4-08(Rl: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING A FUNDING AGREEMENT AMONG THE CITIES OF ALLEN, FRISCO, AND PLANO FOR ADDITIONAL FUNDING IN THE AMOUNT OF $100,000 EACH FOR FINAL CONSTRUCTION DOCUMENT AND BID DOCUMENT DEVELOPMENT AND RELATED SERVICES FOR A PROPOSED PROJECT PERTAINING TO THE ARTS OF COLLIN COUNTY COMMISSION, INC., THAT SUPERCEDES THE PRIOR FUNDING AGREEMENT AMONG THE CITIES OF ALLEN, FRISCO AND PLANO; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 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 approve Resolution No. 2729-4-08(R), as previously captioned, approving a Funding Agreement among the cities of Allen, Frisco and Plano in the amount of $100,000 per city for Final construction document and bid document development for Phase 1 of the Arts of Collin County Project The motion carried. ALLEN CITY COUNCIL REGULAR MEETING APRIL 22, 2008 PAGE 4 1 16. Conduct a Public Hearing and Adopt an Ordinance Amending the Zoning from A -O Agriculture Open Space to CF Community Facilities for Fire Station #5 on 2.8032± acres Located at the Northwest Corner of McDermott Drive and the Future Shallowater Drive. 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. 2730-4-08: 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, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM "A -O" AGRICULTURE OPEN SPACE TO "CF" COMMUNITY FACILITIES ON 2.80323 ACRES OF LAND IN THE J.H. GOUGH SURVEY, ABSTRACT NO. 347, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING A REPEALING 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 Councilmember Caplinger and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) opposed to adopt Ordinance 2730-4- 08, as previously captioned, to amend the zoning from A -O Agriculture Open Space to CF Community Facilities for Fire Station #5 on 2.8032± acres located at the northwest comer of McDermott Drive and the future Shallowater Drive. The motion carried. 17. Calendar. • April 24 — Allen Heritage Guild Spring Fundraiser Event/Allen Heritage Center • April 26 — Great American Cleanup • April 28 — First Day of Early Voting for May 101° Election • May 3 — ACO Springfest 18. Items of Interest. Executive Session The Executive Session was not held. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7.40 p.m. on Tuesday, April 22, 2008. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING APRIL 22, 2008 These minutes approved on the 131h day of May, 2008. ATTEST: Q Q �CCITY DShelley B. George, SEC TARY 7 CF APPROVED: Stephen Terrell, MAYOR PAGES