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Home My WebLink AboutMin - City Council - 2007 - 06/26 - RegularA Present: Stephen Terrell, Mayor Councilmembers: ALLEN CITY COUNCIL REGULAR MEETING JUNE 26, 2007 With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:20 p m. on Tuesday, June 26, 2007, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: • 2007-2008 Allen City Council Photo Introduction of Robert Wendland, Chair of the Planning and Zoning Commission Committee Updates from City Council Liaisons o Economic Development Corporation With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:57 p.m on Tuesdav, June 26, 2007 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 7:03 p.m. on Tuesday, June 26, 2007, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition 1. Citizens' Comments. Debbie Stout, Mayor Pro Tem Ross Obermeyer Mark Pacheco 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 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 6:20 p m. on Tuesday, June 26, 2007, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: • 2007-2008 Allen City Council Photo Introduction of Robert Wendland, Chair of the Planning and Zoning Commission Committee Updates from City Council Liaisons o Economic Development Corporation With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:57 p.m on Tuesdav, June 26, 2007 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 7:03 p.m. on Tuesday, June 26, 2007, 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 JUNE 26, 2007 PAGE 2 2. Robert Wendland, Chair, presented the Planning and Zoning Commission's Annual Report to the City Council. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer, Council voted seven (7) for and none (0) opposed to adopt the consent agenda as follows: 3. Approve Minutes of the June 12, 2007, Regular Meeting. 4. Adopt an Ordinance Abandoning the Right -of -Way of Curtis Lane between Stockton Drive and Exchange Parkway. ORDINANCE NO. 2633-6-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING RIGHT-OF-WAY DESCRIBED IN EXHIBITS "A" AND "C" AND DEPICTED IN EXHIBITS "B" AND "D" ATTACHED HERETO; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED, PROVIDING FOR THE INDEMNIFICATION OF THE CITY OF ALLEN, TEXAS, AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE ABANDONMENT, AND PROVIDING FOR AN EFFECTIVE DATE. 5. Adopt a Resolution Authorizing the City Manager to Apply to the Collin County Parks and Open Space Program Funding Assistance Program for the Design of the Celebration Pass Pedestrian Trail. RESOLUTION NO. 26346-07(RI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT' IN DEALING WITH COLLIN COUNTY, HEREINAFTER REFERRED TO AS "GRANTOR" FOR THE PURPOSE OF PARTICIPATING IN THE COLLIN COUNTY PARR AND OPEN SPACE PROJECT FUNDING ASSISTANCE PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM", CERTIFYING THAT THE "APPLICANT IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT'S" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED FACILITY FOR PERMANENT PUBLIC PARR AND PEDESTRIAN TRANSPORTATION USES, AND PROVIDING FOR AN EFFECTIVE DATE. 6. Adopt a Resolution Authorizing the Suspension of Atmos Energy's Request for a GRIP Rate Change to Allow the City Time to Study the Request and to Establish a Steering Committee with Area Cities. RESOLUTION NO. 2635-6-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUSPENDING THE JULY 30, 2007, EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2006; AUTHORIZING PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE ("ACSC") IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE ALLEN CITY COUNCIL REGULAR MEETING .TUNE 26, 2007 PAGE r BASIS OF THE PROPOSED RATE ADJUSTMENTS, AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS, REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT RATEMAKING COSTS; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL, AND PROVIDING AN EFFECTIVE DATE. 7. Authorize the City Manager to Execute a Contract with Durable Specialties, Inc. for the Construction of a Traffic Signal at the Intersection of Exchange Parkway and Watters Road for an Amount Not to Exceed $107,000 and Increase the Project Budget to $152,000. S. Authorize the City Manager to Purchase Two 2007 Police Ford Interceptor Vehicles Through the Houston -Galveston Area Council of Governments Authorized Contractor, Philpott Motors, for an Amount Not to Exceed $42,971.64. 9. Receive the CIP (Capital Improvement Program) Status Report. 10. Receive the Summary of Properly Tax Collections as of May 2007. The motion carried. r Regular Aeenda ®j 11. Adopt an Ordinance Granting a Zoning Amendment to Tract 1 of PD Planned Development No. 58 to Amend the Height Regulations from a Three -Story Maximum to a Four -Story Maximum, with a Tower Not to Exceed 72' 1.5" in Height on 4t Acres of Land Located at the Northeast Corner of Exchange Parkway and US 75. ORDINANCE NO. 2636-6-07: 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, BY GRANTING AN AMENDMENT TO A PORTION OF TRACT I OF "PD" PLANNED DEVELOPMENT NO. 58, ORDINANCE NO. 1409- 3-96, AS HERETOFORE AMENDED, TO AMEND MAXIMUM HEIGHT REGULATIONS FOR 4.662f ACRES OF LAND, LOT 5, CORNERSTONE/ALLEN ADDITION, FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 Stout and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2636-6-07, as previously captioned, granting a zoning amendment to Tract I of"PD" Planned Development No. 58 to amend the Height Regulations from a three-story maximum to a four story maximum, with a tower not to exceed 72' 1.5" in height on 4f acres of land located at the northeast corner of Exchange Parkway and US 75. The motion carried. 12. Consideration of a Proposed Letter of Intent to Develop and Construct an Entertainment Venue. A ALLEN CITY COUNCIL REGULAR MEETING JUNE 26, 2007 PAGE 4 MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to approve a Letter of Intent to develop and construct an entertainment venue. The motion carried. 13. Election of Mayor Pro Tem. Mayor Terrell called for nominations from the Council for the position of Mayor Pro Tem. Councilmember Caplinger nominated Councilmember Stout with a second by Councilmember Sedlacek. With no other nominations offered, Mayor Terrell closed the call for nominations. Councilmember Stout was elected as Mayor Pro Tem by a vote of seven (7) for and none (0) opposed. Mayor Terrell recessed the Regular Meeting at 7-45 p.m. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 7:58 p.m. on Tuesday, June 26, 2007, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: Personnel — Pursuant to Section 551.074 of the Texas Government Code D Discussion Regarding Appointments of City Council Representatives to the Allen Economic Development Corporation and the Community Development Corporation The Executive Session adjourned at 7:59 p.m. on Tuesday, June 26, 2007 14. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 8:00 p.m. on Tuesday, June 26, 2007, in the Council Chambers of the Allen City Hall. No action was taken on items discussed during the Executive Session. 15. Motion to Confirm the Appointments of Council Representatives to Place No. 1 on the Allen Economic Development Corporation and Place No. 7 on the Community Development Corporation. No action was taken on this item. 16. Calendar. E June 30—Allen USA Celebration July 26 — Short Course on Land Use for Planning, Planners and Public Officials ALLEN CITY COUNCIL REGULAR MEETING .TUNE 26, 2007 A 17. Items of Interest. PAGES Councilmember McGregor thanked the community for their support of the Allen Public Safety Recovery Fund Golf Tournament Adjourn MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8:04 p.m. on Tuesday, June 26, 2007 The motion carried. These minutes approved on the 101h day of July, 2007 ATTEST: 1w (� &C Shelley B. Geo ITY SECREtAkY 0 APPROVED: Stephen errell, MAYOR