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Min - City Council - 2009 - 04/14 - RegularH Present: Stephen Terrell, Mayor Councilmembers: ALLEN CITY COUNCIL REGULAR MEETING APRIL 14, 2009 With a quorum of the Councdmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:18 p.m. on Tuesday, April 14, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Introduction of Robert Wendland, Chair of the Planning and Zoning Commission • Briefing Regarding the Allen Event Center • 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, April 14, 2009. 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 02 p m. on Tuesday, April 14, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Allegiance Public Recognition Citizens' Comments. Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald 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 Workshop Session With a quorum of the Councdmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:18 p.m. on Tuesday, April 14, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Introduction of Robert Wendland, Chair of the Planning and Zoning Commission • Briefing Regarding the Allen Event Center • 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, April 14, 2009. 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 02 p m. on Tuesday, April 14, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Allegiance Public Recognition Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING APRIL 14, 2009 PAGE 2. Presentation of Blue Star Flags to the Families of Allen Service Personnel Currently Deployed by the U.S. Armed Forces. • Mr. and Mrs. Michael Allen, parents of E4 Robert Allen of the United States Army and E5 David Allen of the United States Army 3. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Representatives of the Planning and Development Department Proclaiming April 12-18, 2009, as "Community Development Week." • Presentation of a Proclamation to Representatives of the Allen Police Department, Proclaiming April 12-18,2009, as "Public Safety Telecommunicators Week." • Presentation of a Proclamation to Representatives of the Allen Police Department, Proclaiming April 12-18,2009, as "Animal Control macer Appreciation Week." 4. Planning and Zoning Commission Annual Report by Robert Wendland, Chair, Planning and Zoning Commission. Mayor Terrell removed Agenda Item 8 from the Consent Agenda. 8. Adopt a Resolution Denying CoSery Gas Ltd.'s Requested Rate Changes. �! No action was taken on this item. ® MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt the remaining items on the Consent Agenda as follows: 5. Approve Minutes of the March 24, 2009, Regular Meeting. 6. Motion to Reappoint Mr. James Kerr to the North Texas Municipal Water District Board as a Representative for the City of Allen for a Two -Year Term Effective June 1, 2009, through May 31, 2011. 7. Adopt an Ordinance Approving and Enacting Supplement No. 3 to the Allen Land Development Code. ORDINANCE NO. 2812-4-09: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 3 TO THE ALLEN LAND DEVELOPMENT CODE: PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY, PROVIDING A REPEAL OF CERTAIN ORDINANCES, PROVIDING EXCEPTIONS TO REPEAL; PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE. 9. Adopt a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter, or Terminate a Three-year Grant from the United States Department of Justice, Office of .j Community Oriented Policing Services to Add Three Sworn Police Officer Positions. ALLEN CITY COUNCIL REGULAR MEETING APRIL 14, 2009 PAGE 3 RESOLUTION NO. 2813-4-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES PROVIDING GRANT FUNDING FOR THREE SWORN POLICE OFFICERS UNDER THE COPS HIRING RECOVERY PROGRAM, IF AWARDED. 10. Adopt a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter, or Terminate a Three-year Grant from the United States Department of Justice, Bureau of Justice Assistance to Add Three Non -sworn Police Employee Positions. RESOLUTION NO. 2814-4-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE PROVIDING GRANT FUNDING FOR THREE NON -SWORN POLICE POSITIONS UNDER THE EDWARD BYRNE MEMORIAL COMPETITIVE GRANT PROGRAM, IF AWARDED. it. Adopt a Resolution Approving the Dedication of Easements by the Arts of Collin County Commission, Inc. to the North Texas Municipal Water District for the Indian Creek Improvement Project Located along SH 121. RESOLUTION NO. 2815-4-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE SALE OR DISPOSAL OF AN ASSET WHOSE VALUE EXCEEDS FIFTY THOUSAND DOLLARS ($50,000) BY THE DEDICATION AND CONVEYANCE OF PROPERTY TO NORTH TEXAS MUNICIPAL WATER DISTRICT, AS ADOPTED IN THE AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, THE CITY OF FRISCO, TEXAS, AND THE CITY OF PLANO, TEXAS, PERTAINING TO THE CREATION OF A PERFORMANCE ARTS CENTER IN COLLIN COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. 12. Approve a Resolution and Authorize the City Manager to Execute a License Agreement with the Town of Fairview, The Village at Allen LP and the City of Allen Regarding Stacy Road Median Art Work. RESOLUTION NO. 28164-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING A LICENSE AGREEMENT WITH THE TOWN OF FAIRVIEW AND THE VILLAGE AT ALLEN FOR THE INSTALLATION OF ARTWORK TO BE LOCATED IN THE STACY ROAD MEDIAN BETWEEN US 75 AND EAST TO THE FIRST MEDIAN OPENING, AUTHORIZING THE CITY MANAGER TO EXECUTE THE LICENSE AGREEMENT, AND PROVIDING AN EFFCTIVE DATE. 13. Authorize the City Manager to Execute Various Agreements Regarding the Allen Event Center/Hockey League to Include Amended and Restated Arena Lease, Amended Agreement with Global Entertainment Group, and Notice of Assignment and Consent. 14. Authorize the City Manager to Execute Agreement with The Village at Allen, LP for the Joint Use of a Digital Marquee Serving the Allen Event Center. ALLEN CITY COUNCIL REGULAR MEETING APRIL 14, 2009 PAGE 4 15. Authorize the City Manager to Execute a Professional Services Contract with Teague, Nall & Perkins for an Amount Not to Exceed $51,000 in Connection with the Alignment of Ridgeview Drive from Alma Drive to Watters Road and Establish a Project Budget of $60,000. 16. Award Bid and Authorize the City Manager to Execute a Contract with Durable Specialties, Inc. to Purchase Equipment and Installation of Four Traffic Signals within the City of Allen for an Amount of $471,658.40 and Establish a Project Budget in the Amount of $710,644. The motion carried. Reenter Agenda. 17. Conduct a Public Hearing and Adopt an Ordinance Considering a Request for an Amendment to PD Planned Development No. 73 for SC Shopping Center Uses, for an Amendment to the Sign Plan for the Development of 168± Acres for The Village at Allen Located at the Southeast Corner of US 75 and Stacy Road. 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. 2817-4-09: 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 "PD" PLANNED DEVELOPMENT NO. 73, ORDINANCE NO. 2577-11-06, AS AMENDED BY ORDINANCE NO. 2668-10-07, BY AMENDING EXHIBIT "B" "DEVELOPMENT REGULATIONS," SECTION 9, "SIGN REGULATIONS" RELATING TO THE USE AND DEVELOPMENT OF THE VILLAGE AT ALLEN, BEING 168.286± ACRES OUT OF THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, AND THE F.C. WILMETH SURVEY, ABSTRACT NO. 999, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A RATIFICATION CLAUSE; PROVIDING A SEVERABR,ITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED $2000.00; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2817-4-09, as previously captioned, amending PD Planned Development No. 73 to amend the Sign Plan for The Village at Allen development. The motion carried. Other Business 18. Calendar. • April 18 - Live Green Expo / Plano Centre / 9 a.m. - 5 p.m. • April 18 - ALLen Reads / Civic Auditorium / 10:30 a.m. - 1 p.m. April 23 - Topping Off Ceremony / Allen Event Center / 2 — 5 p.m. April 25 - Great American Cleanup / 8 a.m. - 1 p.m. 19. Items of Interest /Council announcements regarding local civic and charitable events, meetings, fundraisers, and awards.] ALLEN CITY COUNCIL REGULAR MEETING APRIL 14, 2009 PAGES • Council acknowledged Mr. Kerr's service on the NTMWD Board and thanked him for his continued service on the Board. • Councilmember Obermeyer wished his grandson, Jack, a happy 6'" birthday Executive Session The Executive Session was not held. 20. Reconvene and Consider Action on Items Discussed 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 7:33 p.m. on Tuesday, April 14, 2009 The motion carried. These minutes approved on the 281° day of April, 2009 APPR �D: mcmMpol ma tephen errell, MAYOR ATTEST: Shelley B. Georg , ITY SECRET Y