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Min - City Council - 2013 - 05/28 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 28, 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 Teresa Warren, Director, Public and Media Relations Office Eric Ellwanger, Assistant N the City Manager Pete Smith, City Attorney 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 7:04 p.m. on Tuesday, May 28, 2013, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Alleeiance Administration of Oaths -of -Office and Presentation of Certificates -of -Election City Secretary George administered the Oaths -of -Office to re-elected Councilmember Robin L Sedlacek, Place No. 4 and Councilmember Baine Brooks, Place No. 6. Mayor Terrell presented the Certificates -of - Election and offered his congratulations to them. The Councilmembers took their places at the Council bench. Public Recognition Citizens' Comments 2. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Lesley Payne, Event Chair, American Cancer Society Relay For Life of Allen Committee Proclaiming May 31, 2013, as "Relm, For Life Day." ALLEN CITY COUNCIL REGULAR MEETING MAY 28, 2013 PAGE • Presentation of a Proclamation to Staff of the Parks and Recreation Department Proclaiming May 27-31, 2013, as "COAST Week " • Presentation of a Proclamation to Representatives of the Allen American Professional Hockey Team Proclaiming 2013 as "Allen Americans Year " • Presentation of a Proclamation to Chief Brian Harvey and Representatives of the Allen Police Department Proclaiming May 20 -June 2, 2013, as "Click It or Ticket Weeks." 3. Briefing Regarding Declaration of Stage 3 of the Water Conservation and Drought Contingency/Emergency Plan by Stephen B. Massey, Director of Community Services. Consent Agenda 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 adopt the items on the Consent Agenda as follows: 4. Approve Minutes of the May 14, 2013, Regular Meeting. 5. Receive the Summary of Property Tax Collections as of April 2013. 6. Receive the Capital Improvement Program (CEP) Status Reports. 1 The motion carried. Regular Agenda _ 7. Tabled Item - Conduct a Public Hearing and Adopt an Ordinance for Specific Use Permit No. 133 for Minor Automotive Repair Use for the Properly Located on Lot 1 and 4, Mark VII Equipment of Texas, Inc. Commonly Known as 811 and 813 S. Greenville Ave. [Waterfalls Carwash & Lube[ MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed remove this item from the table. The motion carried. No action was taken on this item as the applicant requested to withdraw his application. 8. Conduct a Public Hearing and Adopt an Ordinance to Amend a Portion of Planned Development No. 54 to Allow Mini -Warehouses as a Permitted Use and Adopt a Concept Plan, Development Regulations and Building Elevations for a 5.36± acre Tract of Land Located at the Southeast Corner of Exchange Parkway and Alma Drive. jAssured Self Storage) Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time �1 Adam Bell, 1107 Padre Circle, Allen, Texas, spoke in support of the item. ® Steve Aman, 1220 Granger Drive, Allen, Texas, spoke in opposition to this item. With no one else speaking, Mayor Terrell closed the public hearing. ALLEN CITY COUNCIL REGULAR MEETING MAY 28, 2013 PAGE 1 ORDINANCE NO. 3151-5-13: 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 AMENDING PLANNED DEVELOPMENT NO. 54 FOR SHOPPING CENTER USE TO ALLOW MINI -WAREHOUSES AS A PERMITTED USE AND ADOPTING A CONCEPT PLAN, DEVELOPMENT REGULATIONS AND BUILDING ELEVATIONS FOR A 5 36t ACRE TRACT OF LAND OUT OF TRACT 15 OF PLANNED DEVELOPMENT NO. 54, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A'; 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 Councdmember Herald, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3151-5-13, as previously captioned, to amend a portion of Planned Development No. 54 to allow Mini - Warehouses as a permitted use and adopt a Concept Plan, Development Regulations and Building Elevations for a 5 36t acre tract of land out of tract 15 of Planned Development No. 54 for Assured Self Storage. The motion carried. 9. Authorize the City Manager to Extend the Current Contract Term for Solid Waste Collection, Disposal and Recycling Services with Community Waste Disposal for Five Years and Execute an Amendment to the Contract Reflecting the Abeyance of the Residential CPI for Two Years and the Reduction of the Commercial Vehicle Fuel Adjustment Fee. Although (here was not a public hearing scheduled, Mayor Terrell allowed a resident to speak on this item. Susan Bartlemay, 400 Hampton Drive, Allen, Texas, spoke in support of the item. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councdmember Herald, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to extend the current contract term for five years with Community Waste Disposal and execute the contract amendment. The motion carried. Other Business 10. Calendar. • June 3, 10 - Summer Sounds Concert Series, Joe Farmer Recreation Center Amphitheater, 7 p.m. it. Items of Interest. Executive Session The Executive Session was not held. Adiourn ALLEN CITY COUNCIL REGULAR MEETING MAY 28, 2013 PAGE 4 MOTION: Upon a motion made by Councilmember Herald and a second by Comtcilmember Brooks, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 9 10 p.m. on Tuesday, May 28. 2013. The motion carried. These minutes approved on the I1" day of June, 2013. ATTEST: i _ Shelley B. Geur�e TRMC, CITY ' RETARY C I APPROVED: Stephen e 1, OR