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Min - City Council - 2009 - 10/13 - RegularI Present: Stephen Terrell, Mayor Councilmembers: ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 13, 2009 With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:17 p.m. on Tuesday, October 13, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas, to discuss the following items: • Introduction of Todd McIntosh, Chair of Parks and Recreation Board • Discussion of Irrigation Fees • Discussion of Proposed Amendments to the Animal Control Ordinance • Discussion of Proposal for Naming Rights for the Allen Event Center • Committee Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:05 p.m. on Tuesday, October 13, 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 7:08 p.m. on Tuesday, October 13, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee ofAlleeiance Public Recoenition Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald (absent) 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 Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:17 p.m. on Tuesday, October 13, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas, to discuss the following items: • Introduction of Todd McIntosh, Chair of Parks and Recreation Board • Discussion of Irrigation Fees • Discussion of Proposed Amendments to the Animal Control Ordinance • Discussion of Proposal for Naming Rights for the Allen Event Center • Committee Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:05 p.m. on Tuesday, October 13, 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 7:08 p.m. on Tuesday, October 13, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee ofAlleeiance Public Recoenition ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 13, 2009 1. Citizens' Comments. PAGE 2. Present Plaques -of -Appreciation to Former Members of the Various Boards and Commissions. • Hugh Brown, Board of Adjustment, 2007-09 • Susan McDaniel, Library Board, 2005-09 • Mary Jane Hamilton, Library Board, 2005-09 • Alan Grimes, Planning and Zoning Commission, 1999-2009 • Marcelle Jones, Planning and Zoning Commission, 2005-09 3. Briefing by Friends of the Allen Public Library Board Member, Jane Bennett, Regarding the Friends of the Allen Public Library Annual Membership Drive. 4. Presentation of Annual Report by Todd McIntosh, Chair of the Parks and Recreation Board. Consent Aeenda MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Caplinger, the Council voted six (6) for and none (0) opposed to adopt the items on the Consent Agenda as follows' 5. Approve Minutes of the September 22, 2009, Regular Meeting. 6. Approve Minutes of the October 5, 2009, Special Called Meeting. 7. Adopt an Ordinance Repealing Article XIII, Section 9-341 of the Code of Ordinances of the City of Allen, Texas, Which Prohibited Bicycle Riding in Certain Areas of FM2170 (McDermott Drive / Main Street). ORDINANCE NO. 2864-10-09: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS REPEALING SECTION 9-341 OF THE CODE OF ORDINANCES, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Authorize the City Manager to Execute a Contract with GME Consulting Services, Inc. for Construction Materials Testing on the Allen Service Center and Public Safety Training Facility Project for an Amount Not to Exceed $117,500. Authorize the City Manager to Execute a Contract with Christopher Fennell ("Artist") for the Design and Construction of Artwork for Fire Station N5 in the Amount of $60,000 and Establish a Project Budget of $66,000. 10. Authorize the City Manager to Award and Execute a Contract with Ca1Har Construction, Incorporated for the Construction of Six Cities Trail — Segment 1 along Rowlett Creek from Greenville Avenue to U.S. Highway 75 for an Amount Not to Exceed $536,747. 11. Authorize the City Manager to Purchase Four (4) T3 Personal Mobility Vehicles for the Allen 11 Police Department from John Wright and Associates for an Amount Not to Exceed $48,384. 12. Receive the Summary of Property Tax Collections as of August 2009. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 13, 2009 PAGE 3 The motion carried. Regular Agenda 13. Conduct a Second Reading of an Ordinance Adopting and Imposing a 90 -day Moratorium for New Assembly Uses and Expansion of Existing Assembly Uses on Commercial Property and Adopt Ordinance. ORDINANCE NO. 2863-10-09: AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING AND IMPOSING A MORATORIUM PURSUANT TO CHAPTER 212, TEXAS LOCAL GOVERNMENT CODE, ON PROPERTY DEVELOPMENT, INCLUDING THE CONSTRUCTION, RECONSTRUCTION, OR OTHER ALTERATION OR IMPROVEMENT OF ALL COMMERCIAL PROPERTY WITHIN THE CITY OF ALLEN, TEXAS, FOR THE PURPOSE OF THE ESTABLISHMENT OF NEW ASSEMBLY USES AND THE EXPANSION OF ASSEMBLY USES PENDING THE REVIEW AND AMENDMENT OF THE ALLEN LAND DEVELOPMENT CODE ("ALDC") OF THE CITY OF ALLEN, TEXAS; PROVIDING FOR THE TEMPORARY SUSPENSION OF THE ACCEPTANCE, REVIEW AND APPROVAL OF PLATS, PERMITS, AND ZONING APPLICATIONS FOR THE CONSTRUCTION, RECONSTRUCTION OR OTHER ALTERATION OF NEW ASSEMBLY USES OR THE EXPANSION OF EXISTING ASSEMBLY USE ESTABLISHMENTS; PROVIDING FOR AN APPEAL PROCESS; PROVIDING FOR A SEV ERABB.ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 approve and adopt on second reading Ordinance No. 2863-10-09, as previously captioned, imposing a 90 -day moratorium for new assembly uses and expansion of existing assembly uses on commercial property. The motion carried. 14. Motion to Confirm the Appointment of Council Representatives to Place No. 7 on the Community Development Corporation, Place No. 1 on the Allen Economic Development Corporation, and the Convention and Visitors Bureau Standing Committee as Recommended by Mayor Terrell. MOTION: Upon a motion by Councilmember McGregor and a second by Mayor Pro Tem Stout, the Council voted six (6) for and none (0) against to confirm the appointment of Councilmember Obermeyer to Place No. 7 on the Allen Community Development Corporation, Councilmember Caplinger to Place No. 1 on the Allen Economic Development Corporation, and to appoint Councilmember Sedlacek, Councilmember McGregor and Councilmember Herald to the Convention and Visitors Bureau Standing Committee as nominated by Mayor Terrell The motion carried. 15. Motion to Confirm Appointments of Councilmembers as Liaisons to City Boards and Commissions, as Nominated by Mayor Terrell. Mayor Terrell made the following nominations: Mayor Pro Tem Stout Public Art Committee (Advisory) Councilmember Obenneyer North Texas Municipal Water District; Arts of Collin County Commission (Corporation) ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 13, 2009 PAGE 4 Councilmember Herald Councilmember Sedlacek Councilmember Caplinger Councilmember McGregor Planning & Zoning Commission (Quasi -Judicial), Parks and Recreation Board (Advisory) Library Board (Advisory) Board of Adjustment (Quasi -Judicial); Building & Standards Commission (Quasi -Judicial) Sign Control Board (Advisory) Animal Shelter Advisory Committee (Advisory); Keep Allen Beautiful (Advisory) MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) opposed to confirm the appointments of Councilmembers as Board Liaisons to City Boards and Commissions, as recommended by Mayor Terrell. The motion carried. Other Business 16. Calendar. • October 19 — 30 — Early Voting for the November 3`tl Constitutional Election 17. Items of Interest. • Council recognized Boy Scout Troop 226 in attendance as a requirement for earning the Citizenship in the Community merit badge. • Council congratulated Mr. Tim Dentler on his recent win at a charity golf tournament. • Council wished Mr. Vargas a happy birthday. Executive Session The Executive Session was not held. 18. 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 Sedlacek, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7,29 p.m. on Tuesday, October 13, 2009 The motion carried. These minutes approved on the 27a day of October, 2009 APPROVED: Step enh errell, MAYOR 61TEST: Shelley B. Geo e, CITY SFtVRETARY