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Min - City Council - 2009 - 03/24 - RegularALLEN CITY COUNCIL REGULAR MEETING MARCH 24, 2009 Present Stephen Terrell, Mayor Councilmembers: With a quomm of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:18 p.m. on Tuesday, March 24, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Presentation Regarding Proposed Stacy Road Median Artwork • Committee Updates from City Council Liaisons • Discussion of Regular Agenda Items With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6.50 p m on Tuesday, March 24, 2009. 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, March 24, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledge of Alleeiance Public Recognition 1. Citizens' Comments. Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor City StatY: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete Smith, City Attorney Workshop Session With a quomm of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:18 p.m. on Tuesday, March 24, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Presentation Regarding Proposed Stacy Road Median Artwork • Committee Updates from City Council Liaisons • Discussion of Regular Agenda Items With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6.50 p m on Tuesday, March 24, 2009. 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, March 24, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledge of Alleeiance Public Recognition 1. Citizens' Comments. 11 A ALLEN CITY COUNCIL REGULAR MEETING MARCH 24, 2009 II7:CH*4 2. Presentation of a Check by Collin County Commissioner Joe Jaynes to the City of Allen in the Amount of $313,198 for the Celebration Pass Pedestrian Trail. 3. Present a Plaque -of -Appreciation to a Former Member of the Economic Development Corporation. • Kurt Kizer, 2002-2009 4. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Representatives of the Library Board Proclaiming April 14, 2009, as Library Workers Day. • Presentation of a Proclamation to Representatives of the Library Board Proclaiming April 12-18, 2009, as Library Week. 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. 5. Approve Minutes of the March 10, 2009, Regular Meeting. 6. Adopt a Resolution Authorizing the City's Bond Counsel, the City's Financial Adviser, and City Staff to Proceed with Arrangements for the Sale of General Obligation Bonds, Series 2009. RESOLUTION NO. 2808-3-09(R): A RESOLUTION APPROVING A DATE FOR THE SALE OF GENERAL OBLIGATION BONDS; AUTHORIZING APPROPRIATE PERSONNEL AND CONSULTANTS TO PROCEED WITH ARRANGEMENTS AND THE PREPARATION OF DOCUMENTS FOR THE ISSUANCE AND SALE OF SUCH BONDS AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. 7. Adopt a Resolution Reappointing Members to Fill Expiring Terms on the Board of Directors for Tax Increment Financing (TIF) Reinvestment Zone No. 1 (Garden District). RESOLUTION NO. 2809-3-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO 1, AND PROVIDING FOR AN EFFECTIVE DATE. 8. Adopt a Resolution Reappointing Members to Fill Expiring Terms on the Board of Directors for Tax Increment Financing (TIF) Reinvestment Zone No. 2 (Central Business District). RESOLUTION NO. 2810-3-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 2; AND PROVIDING FOR AN EFFECTIVE DATE. 9. Declare a Vacancy in Place No. 3 of the Economic Development Corporation. ALLEN CITY COUNCIL REGULAR MEETING MARCH 24, 2009 17ClI *I 10. Authorize the City Manager to Execute Amendment Number Three of the Economic Development Agreement between the City of Allen and The MGHerring Group Adding Article VIII A—Trail Improvements, and Approving the Economic Development Grant for an Amount Not to Exceed $70,669. it. Authorize the City Manager to Execute Documents to Provide Permanent and Temporary Easements to North Texas Municipal Water District (NTMWD) for the Installation of a Sewer Pipeline. 12. Receive the CIP (Capital Improvement Program) Status Report. 13. Receive the Summary of Property Tax Collections as of February 2009. The motion carried Regular Agenda. 14. Conduct a Public Hearing and Adopt an Ordinance Granting SUP Specific Use Permit No. 107 for a RaceTrac Fueling Station on Property Zoned Planned Development No. 3 for SC Shopping Center Uses, on 2± Acres Located in Tracts 1 and 2 of the Bethany Center Two Addition. Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. The following individuals expressed opposition to the request: Mike Yatim, 406 E. Main Street, Allen, Texas 75002 Richard J. Gomez, 506 Tealwood Drive, Murphy, Texas 75094 Robert McKinney, 801 S. Greenville Avenue, Allen, Texas 75002 Sam Khan, 1219 Aylesbury Drive, Allen, Texas 75002 Worley Stein, 205 Wddwood, Allen, Texas 75013, on behalf of American National Bank With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2811-3-09: 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 SPECIFIC USE PERMIT NO. 107 TO ALLOW A FUELING STATION 2.319± ACRES ZONED PD #3 SC – SHOPPING CENTER, AND FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ELEVATIONS AND FUELING TRUCK ROUTE ATTACHED HERETO AS EXHIBITS "B," "C," AND "D", PROVIDING A REPEALING 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. �j MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the ® Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2811-3-09, as previously captioned, granting Specific Use Permit No. 107 for a RaceTrac fueling station on property zoned Planned Development No. 3 for SC Shopping Center Uses, on 2± acres ALLEN CITY COUNCIL REGULAR MEETING MARCH 24, 2009 Other Business PAGE located in Tracts 1 and 2 of the Bethany Center Two Addition with the addition of a three (3) foot landscape screening along the common boundaries between the subject property and the bank property. The motion carried. 15. Calendar. • April 6—TRIAD Meeting 16. Items of Interest. [Council announcements regarding local civic and charitable events, meetings, Fundraisers, and awards ) • Councilmember Herald asked that others keep Chief Rushing in their thoughts and prayers as he undergoes surgery on Wednesday • Allen Kiwanis Club is sponsoring the Circus on April 3, 4 and S. • Council wished Councilmember Obermeyer's wife, Marilee, a happy birthday Executive Session The Executive Session was not held. 17. Reconvene and Consider Action on Items Discussed during Executive Session. Adjourn 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 8:25 p.m. on Tuesday, March 24, 2009 The motion carried. These minutes approved or, the 14' day of April, 2009 APPROVED:: Stephen Terrell, MAYOR ATTEST: Shelley B. Geo CITY