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Min - City Council - 2013 - 03/26 - RegularGary L. Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald (absent) Robin L. Sedlacek Baine Brooks City StatT: ALLEN CITY COUNCIL REGULAR MEETING MARCH 26, 2013 Peter H Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office Eric Ellwanger, Assistant to the City Manager Peter G. Smith, 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 6.18 p.m on Tuesday, March 26, 2013, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Update Regarding the Convention and Visitors Bureau Advisory Board • Update Regarding the New Police Records Management System • 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 7'02 p.m. on Tuesday, March 26, 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 7.07 p m. On'fuesday, March 26, 2013, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledge of Allegiance - Public Recognition _ 1. Citizens' Comments. Present Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald (absent) Robin L. Sedlacek Baine Brooks City StatT: ALLEN CITY COUNCIL REGULAR MEETING MARCH 26, 2013 Peter H Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office Eric Ellwanger, Assistant to the City Manager Peter G. Smith, 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 6.18 p.m on Tuesday, March 26, 2013, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Update Regarding the Convention and Visitors Bureau Advisory Board • Update Regarding the New Police Records Management System • 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 7'02 p.m. on Tuesday, March 26, 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 7.07 p m. On'fuesday, March 26, 2013, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledge of Allegiance - Public Recognition _ 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING MARCH 26, 2013 PAGE The following individuals spoke regarding an illegal home occupation being operated in their residential area. Sandy Seals, 601 Alder, Allen, Texas. John Gates, 504 Clover Court, Allen, Texas. Susan Fleck, 500 Clover Court, Allen Texas Consent Agenda MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Kizer, the Council voted six (6) for and none (0) opposed to adopt the items on the Consent Agenda as follows: 2. Adopt Minutes of the March 12, 2013, Regular Meeting. 3. Appoint Allison Harper, Animal Control Supervisor, to Place No. 3 on the Animal Shelter Advisory Committee. 4. Authorize the City Manager to Execute a Facilities Agreement with JBGL Kittyhawk LLC, and The Landings at Kittyhawk Homeowners Association, Inc. Related to Maintenance of Non - Standard Street Lights. I5. Authorize the City Manager to Execute a Contract with Burnt" in the Amount of $140,000 for the Construction, Delivery and Installation of a Pre -Engineered Sierra III Multi -User Restroom for the Allen Heritage Village. 6. Approval of the Second Amended and Restated Tax Abatement Agreement related to Twin Creeks Rehabilitation Hospital. 7. Approval of a Supplemental Agreement to the Amended and Restated Development Agreement Relating to Tax Increment Financing Reinvestment Zone Number One. 8. Receive the Capital Improvement Program (CIP) Status Reports. 9. Receive the Summary of Property Tax Collections as of February 2013. The motion carried Regular Agenda 10. Motion to Accept the Fiscal 'tear 2011-2012 Comprehensive Annual Financial Report (CAFR). MOTION: Upon a motion made by Councilmember Kizer and a second by Councilmember Sedlacek, the Council voted six (6) for and none (0) opposed to accept the 2011-2012 Comprehensive Annual Financial Report The motion carried it. Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning from Agriculture - Open Space to a Planned Development for Single Family Residential (R-5) Use and Adopt a Concept Plan, Building Elevations, Development Regulations, Lot Detail and Product Photos ALLEN CITY COUNCIL REGULAR MEETING MARCH 26, 2013 PAGE for 79.60+ Acres Located Approximately 930 Feet North of McDermott Drive Between Custer Road and Shallowater Drive. ]McDermott Farms] Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. David Hicks, 401 Woodlake Drive, Allen, Texas, did not wish to speak but requested the record show his support for this item With no one else speaking, Mayor Terrell closed the public hearing ORDINANCE NO. 3145-3-13: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS AMENDED, BY CHANGING THE ZONING OF 79 60+ ACRES IN rHE J. GOUGH SURVEY, ABSTRACT NO. 347, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM AGRICULTURAL -OPEN SPACE "AO" TO PLANNED DEVELOPMENT "PD" NO. 112 FOR SINGLE FAMILY RESIDENTIAL "R-5 ADOPTING A CONCEPT PLAN, DEVELOPMENT REGULATIONS, LOT DETAIL EXHIBIT, BUILDING ELEVATIONS, AND PRODUCT PHOTOS; 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:MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obermeyeq the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3145- 3-13, as previously captioned, to change the zoning of 79 60+ acres of land from Agriculture - Open Space (AO) to Planned Development No 112 for Single Family Residential (R-5) use and adopt a Concept Plan, Building Elevations, Development Regulations, Lot Detail and Product Photos for McDermott Farms. The motion carried. 14. Calendar. 15. Items of Interest. • Councilmember Sedlacek announced that the Allen Americans CHL Hockey Team will begin the playoff games on Thursday and Friday, March 28-29 at the Allen Event Center. • Councilmember Obermeyer announced that the Allen Heritage Guild will present a model train show on the weekends of April 6-7 and April 20-21 at the Train Depot. • Council recognized Boy Scouts from Troops 328 and 325 in attendance as a requirement for earning their citizenship in community merit badge. Executive Session The Executive Session was not held. ALLEN CITY COUNCIL REGULAR MEETING MARCH 26, 2013 PAGE MOTION: Upon a motion made by Councilmember Kizer and a second by Councilmember Brooks, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7'50 p in. on Tuesdav, March 26, 2013. The motion carried. These minutes approved on the 9" day of April, 2013. ATTEST: Shelley' RMC, CITYSCRETARY I I APPROVED: Stephen Terrell, MAYOR