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Min - City Council - 2011 - 04/12 - RegularF Present Stephen Terrell, Mayor Councilmembers: ALLEN CITY COUNCIL REGULAR MEETING APRIL 12, 2011 With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:13 p.m. on Tuesday, April 12, 2011, 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 Adoption of the 2009 International Building Codes and 2011 National Electric Code • Update Regarding the North Texas Municipal Water District's Water Supply and Water Conservation and Drought Contingency/Emergency Water Plan • Committee Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:08 p.m. on Tuesday, April 12, 2011. 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 7,12 p.m. on Tuesday, April 12, 2011, in the Council Chambers of the Allen City 1 Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition 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 1 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 6:13 p.m. on Tuesday, April 12, 2011, 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 Adoption of the 2009 International Building Codes and 2011 National Electric Code • Update Regarding the North Texas Municipal Water District's Water Supply and Water Conservation and Drought Contingency/Emergency Water Plan • Committee Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:08 p.m. on Tuesday, April 12, 2011. 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 7,12 p.m. on Tuesday, April 12, 2011, in the Council Chambers of the Allen City 1 Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition ALLEN CITY COUNCIL REGULAR MEETING APRIL 12, 2011 PAGE 2 1 1. Citizens' Comments. 2. Presentation of Proclamations by the Office of the Mayor: Presentation of a Proclamation to Coach Jerry Best and the Allen High School Wrestling Team Proclaiming 2011 as "Allen Eagles Wrestling Team Year " Presentation of a Proclamation to Culinary Arts Instructor Jordan Swim and the Allen High School Culinary Arts Team Proclaiming April 2011 as "Allen High School Cuhnary Arts Team Month." Presentation of a Proclamation to Representatives of the Allen Americans Proclaiming April 2011 as "Allen Americans Professional Hoekev Month." 3. Presentation of Planning and Zoning Commission's Annual Report by Robert Wendland, Chair of the Planning and Zoning Commission. Consent Agenda MOTION: Upon a motion made by Councilmember Herald and a second by Councdmember Obermeyer, 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 March 22, 2011, Regular Meeting. 5. Approve Minutes of the April 4, 2011, TRIAD Meeting. 6. Motion to Reappoint James Kerr to the North Texas Municipal Water District Board (NTMWD) as a Representative for the City of Allen for a Two -Year Term Effective June 1, 2011, through May 31, 2013. 7. Adopt a Resolution Establishing a Board Appointment Policy. RESOLUTION NO. 3003-4-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING A BOARD APPOINTMENT POLICY AND PROVIDING AN EFFECTIVE DATE. The motion carried. Regular Agenda 8. Conduct a Public Hearing and Adopt an Ordinance to Amend 12.3451 acres in Tract C of Planned Development PD No. 98 from Townhome TH to Residential R-5. The Property is Situated in the James W. Parsons Survey, Abstract No. 705, City of Allen, Collin County, Texas; Located at the Southwest Corner of Twin Creeks Drive and Ridgeview Drive. (Z- 12/20/10.95) (Houseman Property) 1 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. ALLEN CITY COUNCIL REGULAR MEETING APRIL 12, 2011 PAGE 3 ORDINANCE NO. 30044-11: 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 THE REGULATIONS FOR A 12.3451 ACRE PORTION OF TRACT "C" OUT OF PD - PLANNED DEVELOPMENT NO 98 DESCRIBED IN EXHIBIT "A" ATTACHED HERETO TO BE DESIGNATED AS TRACT "C-2"; BY CHANGING THE BASE ZONING FOR SAID PROPERTY FROM "TH" TOWNHOME RESIDENTIAL ZONING DISTRICT TO "R-5" SINGLE- FAMILY RESIDENTIAL ZONING DISTRICT AND ADOPTING ADDITIONAL DEVELOPMENT REGULATIONS; BY AMENDING THE CONCEPT PLAN FOR SAID PROPERTY PROVIDING A CONFLICTS RESOLUTION 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 McGregor and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3004-4-11, as previously captioned, amending 12.3451 acres in Tract C of Planned Development PD No. 98 from Townhome TH to Residential R-5. The motion carried 9. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit SUP No. 118 for a Fueling Station, on 1.36031 Acres Located Southeast of Stacy Road and Greenvale Avenue (State Highway 5) in the James T. Roberts Survey, Abstract No. 777, City of Allen, Collin County, Texas. [Murphy Oil Express] Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. Wendy Wilson, 1001 Shelborn Drive, Allen. Texas, spoke in support of the item. With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 3005-4-11: 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. 118 TO ALLOW A FUELING STATION SUBJECT TO SPECIAL CONDITIONS FOR 1.36031 ACRES ZONED SHOPPING CENTER — "SC" DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN. ELEVATIONS AND FUELING TRUCK ROUTE: PROVIDING A CONFLICTS RESOLUTION 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. MOTION: Upon a motion made by Councilmember Caplinger and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 30054-I1, as previously captioned, adopting Specific Use Permit No. 118 for a Fueling Station for Murphy Express. The motion carried ALLEN CITY COUNCIL REGULAR MEETING APRIL 12, 2011 PAGE 4 1 10. Calendar. • April 14— Last Day to Register to Vote in the May 14, 2011. General Election • April 14 — Allen Americans vs Odessa Jackalopes • April 15 — Jack Ingram Concert Presented by Cabela's • April 17 — Allen Americans vs. Odessa Jackalopes 11. Items of Interest. • Council wished happy birthday to Shelley George. • Council expressed their appreciation to Jim Kerr for his continued service as a member of the North Texas Municipal Water District and extended their appreciation to all those serving on City of Allen Boards. The Regular Session was recessed at 8:01 p.m. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 8:12 p.m. on Tuesday, April 11 2011, in the Council Conference Room located at 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to: I12. Pursuant to Personnel, Section 551.074 of the Texas Government Code — Annual Performance Review of the City Manager The Executive Session adjourned at 9:41 p m on Tuesday. April 12, 2011. 13. Reconvene and Consider Action on Items Discusses during Executive Session. The Allen City Council reconvened into the Regular Meeting at 9:42 p.m. on Tuesday, April 12, 2011 The following action was taken on items discussed during Executive Session, MOTION: Upon a motion made by Councilmember Obenneyer and a second by Mayor Pro Tem Stout, the Council voted seven (7) for and none (0) opposed to increase the City Manager's salary by 2'h% and to allow the City Manager to allocate that increase between salary. deferred compensation, and other benefits. The motion carried Adiourn 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 adjourn the Regular Meeting of the Allen City Council at 9*43 p.m, on Tuesday April 12, 2011. The motion carried. E ALLEN CITY COUNCIL REGULAR MEETING APRIL 12, 2011 1 These minutes approved on the 26" day of Apnl. 2011. ATTEST: Shefley'll. GeorgeXITY SECRET [I n APPROVED: Step en errell, MAYOR PAGE 5