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Min - City Council - 2013 - 04/23 - RegularGary L Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Baine Brooks City StatT: ALLEN CITY COUNCIL REGULAR MEETING APRIL 23, 2013 Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office 1 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 19 p.m. on Tuesday, April 23, 2013, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Presentation of the Final Report for the 2013 Lone Star Conference Basketball Championships • Update Regarding the Heritage Village Ad Hoc Committee • 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 7.07 p.m. on Tuesday, April 23, 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 7:09 p.m. on Tuesday, April 23, 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 Robin L. Sedlacek Baine Brooks City StatT: ALLEN CITY COUNCIL REGULAR MEETING APRIL 23, 2013 Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office 1 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 19 p.m. on Tuesday, April 23, 2013, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Presentation of the Final Report for the 2013 Lone Star Conference Basketball Championships • Update Regarding the Heritage Village Ad Hoc Committee • 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 7.07 p.m. on Tuesday, April 23, 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 7:09 p.m. on Tuesday, April 23, 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 APRIL 23, 2013 PAGE 2 2. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Representatives of Beep Allen Beautiful Proclaiming April 27, 2013, as "Great American Cleanup Day. " 3. Presentation of the Animal Shelter Advisory Committee's Annual Report by Chairperson Dawn Blue. This item was canceled and will be rescheduled for a future date. The presentation of the Committee's Annual Report has been rescheduled. Consent Aeenda MOTION: Upon a motion made by Councdmember Herald and a second by Mayor Pro Tem Caplinger, 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 April 9, 2013, Regular Meeting. 5. Set August 23-25, 2013, as the New Dates for the City Council Budget Workshop with City Council and Executive Staff. 6. Award Bid and Authorize the City Manager to Purchase Fire Department Medical Supplies for a Period of One -Year with Four (4) Optional One -Year Renewals with Midwest Medical Supply, Inc. in the Amount of $24,921.73, Henry Schein Matrix Medical in the Amount of $35,291.10 and Boundtree Medical, LLC in the Amount of $22,986.40. 7. Award Bid and Authorize the City Manager to Execute a Contract with Jim Bowman Construction Company, L.P. in the Amount of $1,034,070.85 for the 2013 Street and Alley Repair Project (Various Locations) and Establish a Project Budget in the Amount of $1,175,859. 8. Receive the Capital Improvement Program (CIP) Status Reports. 9. Receive the Summary of Property Tax Collections as of March 2013. The motion carried Reeular Aeenda 10. Conduct a Public Hearing and Adopt an Ordinance to Amend the Allen Land Development Code, Section 4.20.2, Schedule of Principal Uses, to Limit Uses Classified as Adult Bookstores, Massage Parlors, and Sexually -Oriented Businesses to Property Located Within a Heavy Industrial District. 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 support of item: Tol Burk, 1005 Meadow Creek, Allen, Texas. ALLEN CITY COUNCIL REGULAR MEETING APRIL 23, 2013 PAGE 3 1 Mike Fisher, 252 Forestview Drive, Lucas, Texas, Dale Boggs, 816 Kipling Drive, Allen, Texas. Shirley Marble, 505 Exchange Pkwy #4103, Allen, Texas. David Bishop, 17 Bishop Gate, Allen, Texas Annette Ivie, 305 Clearcrest Drive, Allen, Texas. Kelley Shubert, 1661 Dunaway Crossing, Fairview, Texas. Joe Eldridge, 1323 Chardonnay, Allen, Texas The following individuals did not speak but expressed their support of the item: Terri Fletcher, 620 Wheat Ridge Rd., Allen, Texas. Amy Haynes, 1514 Sunflower Drive, Allen, Texas. Wilma Hendrick, 1110 Sandy Creek Drive, Allen, Texas. With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 3146-4-13: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING SECTION 4 20.2 "SCHEDULE OF PRINCIPLE USES" REGARDING THE LOCATION OF ADULT BOOKSTORES, MASSAGE PARLORS, AND SEXUALLY -ORIENTED BUSINESSES, PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE MOTION: Upon a motion made by Councilmember Sedlacek and a second by Mayor Pro Tem Caplinger, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3146-4-13, as previously captioned, to amend the Allen Land Development Code, Section 4.20.2, Schedule of Principal Uses, to limit uses classified as Adult Bookstores, Massage Parlors, and Sexually Oriented Businesses to property located within a Heavy Industrial (HI) District The motion carried. Other Business 11. Calendar. • April 27 — Great American Cleanup, Bossy Boots Drive, 8 a.m. — 1 p.m. • April 27 — E -Cycling and Shredding, City Hall, 8 a.m. — 1 p.m. • April 27 — Medication Disposal, City Hall and Lowery Center, 10 a.m. - 2 p.m. • April 29 — May 7 — Early Voting Period for May I I" AISD / CCCCD General Election 12. Items of Interest. • Council wished Mayor Pro Tem Caplinger a Happy Birthday. • Council congratulated Councilmember Herald and his wife Charity on their wedding anniversary. • Council recognized Boy Scouts from Troop 909 in attendance as a requirement for earning their citizenship in community merit badge. ALLEN CITY COUNCIL REGULAR MEETING APRIL 23, 2013 PAGE 4 Executive Session The Executive Session was not held. 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 7:54 p.m on Tuesday, April 23, 2013. The motion carried. These minutes approved on the 14°i day of May, 2013. ATTEST: Shelley B. George, MC, CITY SE13WETARY I1 APPROVED: AQ24mwa Stepheifterrell, MAYOR