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Min - City Council - 2013 - 01/08 - RegularALLEN CITY COUNCIL REGULAR MEETING JANUARY 8, 2013 present: Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Baine Brooks City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary (Absent) Teresa Warren, Director, Public and Media Relations Office Eric Ellwanger, Assistant to the City Manager Julie Brock, Sr. Administrative Assistant Peter G. 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 6:23 p m. on Tuesday, January 8, 2013, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas • Discussion Regarding the Proposed Golf Resources Consulting Proposal • Committee Updates from City Council Liaisons • Questions on Current Agenda With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:34 p.m. on Tuesday, January 8, 2013. 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 7'01 p.m. on Tuesday, January 8, 2013, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Alleeiance Public Recognition ALLEN CITY COUNCIL REGULAR MEETING JANUARY 8, 2013 PAGE 2 1. Citizens' Comments. Consent Agenda MOTION: Upon a motion made by Councilmember Obetmeyer 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' 2. Approve Minutes of the December 11, 2012, Regular Meeting. 3. Adopt a Resolution Accepting the Selective Traffic Enforcement Program (STEP) Grant from the State of Texas, Department of Transportation, if Awarded. RESOLUTION NO. 3128-1-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE STATE OF TEXAS, TO ACCEPT THE TEXAS DEPARTMENT OF TRANSPORTATION SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT; AND PROVIDING AN EFFECTIVE DATE. 4. Authorize the City Manager to Execute an Agreement with Golf Resources Management, Inc. for Consulting Services at The Courses at Walters Creek. 5. Award Bid and Authorize the City Manager to Execute a Primary Annual Contract for the Purchase of Custodial Services with ServiceMaster Clean in the Amount of $132,483 with the Option for Two, One -Year Renewals, and Award an Alternative Annual Contract with OJS Systems, to be Utilized in the Event the Primary Contractor is Unable to Fulfill Their Contractual Obligations. 6. Authorize the City Manager to Execute an Event License Agreement Between the City of Allen and Championship Sports Group, LLC dba Texas Revolution, a Texas Limited Liability Company to Base a Professional Indoor Football League (IFL) Team at the Allen Event Center. 7. Receive the Summary of Property Tax Collections as of November 2012. 8. Receive the Unaudited Financial Report For the Period Ending September 30, 2012. Regular Agenda 9. Conduct a Public Hearing and Adopt an Ordinance Amending Planned Development PD No. 61 for Single Family Residential R-6 Use and to Adopt a Concept Plan, Development Regulations and Elevations for 9.851 Acres Located South of Stacy Road and East of Angel Parkway. Belmont Estates 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 spoke in favor of the item: Jeff Shetterly, 1814 Reynolds Court, Allen, Texas. Kenneth Krogerus, 1802 Stacy Road, Allen, Texas. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 8, 2013 PAGE 3 With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 3129-1-13: 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 A CHANGE IN ZONING FOR 9.85± ACRES IN THE JOHN J. MILLER SURVEY, ABSTRACT NO. 609, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM PLANNED DEVELOPMENT "PD" NO 61 FOR SHOPPING CENTER "SC" TO PLANNED DEVELOPMENT "PD" NO. 61 FOR SINGLE FAMILY RESIDENTIAL "R-6; ADOPTING A CONCEPT PLAN, ADOPTING DEVELOPMENT REGULATIONS, ADOPTING BUILDING ELEVATIONS, PROVIDING FOR 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 Herald and a second by Councilmember Obetmeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance 3129- 1-13, as previously captioned, amending Planned Development PD No. 61 for Single Family Residential R-6 use and to adopt a Concept Plan, Development Regulations and Elevations for Belmont Estates with the added condition that Lot 25 be required to have a J -swing garage which faces away from Angel Parkway and that an enhanced detention pond analysis shall be submitted to the City of Allen Engineering department. The motion carried. 10. Conduct a Public Hearing and Adopt an Ordinance for a Specific Use Permit for a Gymnastics and Sports Training Facility for Crossfit 380 South Located at 2023 W. McDermott Drive, Suite 220, South of McDermott Drive and East of Custer Road. [Crossfit 380 South 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. 3130-1-13: 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 132 TO ALLOW AN 8,650 SQUARE FOOT PORTION OF THE BUILDING LOCATED ON LOT 7, BLOCK A OF CUSTER/MCDERMOTT ADDITION, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 2023 W MCDERMOTT DRIVE, SUITE 4220, ALLEN, TEXAS,) PRESENTLY ZONED PLANNED DEVELOPMENT NO. 56 SHOPPPING CENTER `5C", TO BE USED FOR A GYMNASTIC AND SPORTS TRAINING FACILITY USE; PROVIDING FOR 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 Mayor Pro Tem Caplinger and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance 3130-1- 13, as previously captioned, granting Specific Use Permit No. 132 for a Gymnastics and Sports Training Facility for Crossfit 380 South located at 2023 W McDermott Drive, Suite 220, South of McDermott Drive and East of Custer Road. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 8, 2013 PAGE 11. Conduct a Public Hearing and Adopt an Ordinance for a Specific Use Permit for a Restaurant, with a Drive Through, for Jimmy John's on 0.536± Acres Located North of Exchange Parkway and East of Bossy Boots Drive. Jimmy John's 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. 3131-1-13: 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. 131 AUTHORIZING 0.5361 ACRES SITUATED IN THE JOHN FYKE SURVEY, ABSTRACT NO. 325, CITY OF ALLEN, TEXAS, DESCRIBED IN EXHIBIT "A," HERETO, AND PRESENTLY ZONED PLANNED DEVELOPMENT NO. 108 FOR MIXED USE TO BE DEVELOPED AND USED FOR A RESTAURANT WITH A DRIVE THROUGH; ADOPTING A SITE PLAN, LANDSCAPE PLAN, BUILDING ELEVATIONS, AND SIGN PLAN; PROVIDING FOR 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 Sedlacek and a second by Councdmember Herald, the Council voted seven (7) for and none (0) opposed to adopt Ordinance 3131-1-13, as previously captioned, granting Specific Use Permit No 131 for a restaurant with a drive through for Jimmy John's on 0.536f Acres Located North of Exchange Parkway and East of Bossy Boots Drive. The motion carried. Other Business 12. Calendar. • January 26 - City Council Strategic Planning Session 13. Items of Interest. Council congratulated the Allen Eagles Football Team on winning their second State UIL Championship. Council wished the Allen Eagles Wrestling Team good luck at the Texas High School Wrestling Coaches Association Dual Championship on Saturday January 12 at Allen High School. Council announced The Courses at Watters Creek Golf Course would open on Saturday, January 12. Executive Session The Executive Session was not held. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 8, 2013 PAGES MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8:03 p.m. on Tuesday, January 8, 2013. The motion carried. These minutes approved on the 22"d day of January, 2013. ATTEST: 1 elley B. George, CITY SECRETARY C APPROVED: Ap-= Stephen Arrell, MAYOR