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Min - City Council - 2009 - 06/23 - RegularE nenWE$)IreK1vjernII REGULAR MEETING JUNE 23, 2009 Present: Stephen Terrell, Mayor Councilmembers: 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 (absent) Joe Gorda, Attorney Workshon Session With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:14 p.m. on Tuesday, June 23, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Update Regarding an Economic Development Agreement with Coventry 11 DDR/Trademark Montgomery Farm L.P for the Purpose of Providing a Community Room • Questions on Current Agenda With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:04 p.m. on Tuesday, June '_3,2009 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 7:06 p.m. on Tuesday, June 23, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING JUNE 23, 2009 PAGE 2 2. Presentation by Help Our Planet Earth (H.O.P.E.) Members Kennedy Bailey, Jenna Barratt, and Abbie Reeves on Reducing the Use of Plastic Bags in City of Allen. 3. Presentation of a Proclamation by the Office of the Mayor: • Presentation of a Proclamation to Representatives of the Allen Parks and Recreation Department, Proclaiming the Month of July as "Parks and Recreation Month." MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councdmember Obermcyer, the Council voted seven (7) for and none (0) opposed to adopt the items on the Consent Agenda as follows: 4. Approve Minutes of the June 9, 2009, Regular Meeting. 5. Adopt a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter, or Terminate a Collin County Parks and Open Space Funding Assistance Program Grant for the Design of the Molsen Farm Park Property. RESOLUTION NO. 2840-6-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT' IN DEALING WITH COLLIN COUNTY, HERINAFTER REFERRED TO AS "GRANTOR" FOR THE PURPOSE OF PARTICIPATING IN THE COLLIN COUNTY PARR AND OPEN SPACE PROJECT FUNDING ASSISTANCE PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM'; CERTIFYING THAT THE "APPLICANT' IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT' MATCHING SHARE IS READILY AVAILABLE; AND PROVIDING FOR AN EFFECTIVE DATE. 6. Adopt a Resolution Authorizing the City Manager to Enter into and Execute an Interlocal Agreement by and between Texas Woman's University and the City of Allen to Allow Texas Woman's University to Use the City of Allen's Supplier Contracts. RESOLUTION NO. 2841-6-09(R). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 'PERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE TEXAS WOMAN'S UNIVERSITY, TEXAS, PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING 1-14E CITY MANAGER, OR DESIGNEE, AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS RELATING TO THE PROGRAM; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE; AND PROVIDING AN EFFECTIVE DATE. 7. Adopt a Resolution Authorizing the City Manager to Enter into an Interlocal Agreement by and between the City of Fort Worth, Texas and the City of Allen, Texas for the Use of the City of Fort Worth's Supplier Contracts. RESOLUTION NO 2842-6-09(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 THE ALLEN CITY COUNCIL REGULAR MEETING JUNE 23, 2009 PAGE CITY OF FORT WORTH, TEXAS, PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING THE CITY MANAGER, OR DESIGNEE, AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS RELATING TO THE PROGRAM; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE; AND PROVIDING AN EFFECTIVE DATE. Authorize the City Manager to Award and Execute a Contract for Construction of the Improvements Planned for a Shade Structure at kidMania to USA Shade and Fabric Structures, Incorporated in the Amount of $62,014. Accept a Resignation and Declare a Vacancy on the Board of Adjustment. 10. Receive the Summary of Property Tax Collections as of May 2009. 11. Receive the Capital Improvement Program (CII') Status Report. The motion carried. Regular Agenda 12. Conduct a Public Hearing and Consider an Ordinance to Grant a Change in Zoning to Amend PD Planned Development No. 54, Tract 11, from IT Industrial Technology to MF -18 Multi - Family to Allow for an Active Adult Senior Community on 22t Acres Located North of Watters Road and East of Bray Central Drive. The following individuals spoke as representatives of the proponent: David Hicks, 401 Woodlake Drive, Allen, Texas Barry Metcalf, Cadence Capital Partners, 580 Decker Drive, Irving, Texas Dean Eldridge, Cadence Capital Partners, 580 Decker Drive, Irving, Texas 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, 2843-6-09: 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 CHANGING THE ZONING FROM "IT" INDUSTRIAL TECHNOLOGY TO "MF -18" MULTI -FAMILY FOR A PORTION OF TRACT II OF PLANNED DEVELOPMENT NO. 54, AS HERETOFORE AMENDED, FOR 22036 ACRES IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING FOR A CONCEPT PLAN, BUILDING ELEVATIONS, PROVIDING FOR A SCREENING PLAN ATTACHED HERETO AS EXHIBITS "B," "C," and "D" RESPECTIVELY, PROVIDING FOR A REPEALING CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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. ALLEN CITY COUNCIL REGULAR MEETING JUNE 23, 2009 PACE MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Caplinger, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2843-6-09, as previously captioned, amending 22+ acres of PD Planned Development No. 54 Tract I I from IT Industrial Technology to MF -18 Multi -Family to allow for an active adult senior community The motion carried. 13. Calendar. June 27 - Allen USA Celebration / Celebration Park / Noon - 1 I p m. July 3 - City Observance of Independence Day / City Hall Closed 14. Items of Interest. Council announcements regarding local civic and charitable events, meetings, fundraisers, and awards. Executive Session 15. Personnel Pursuant to Section 551.074 of the Texas Government Code - Discuss Appointments to the Allen Economic Development Corporation and Board of Adjustment The Executive Session was not held. 16. Reconvene and Consider Action on Items Discussed during Executive Session. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Sedlaeck, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8:34 p.m. on Tuesday, June 23, 2009. The motion carried. These minutes approved on the 14" day of July, 2009 APP OVED: we eno— tepher errell, MAYOR ATTEST: SheTley B. Ge , CITY SECRETARY