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Home My WebLink AboutMin - City Council - 2008 - 12/09 - RegularALLEN CITY COUNCIL, REGULAR MEETING DECEMBER 9, 2008 Present: Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor (arrived a 712 p.m.) City Staff: With a quonun of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:05 p.m. on Tuesday, December 9, 2008, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Aller, Texas: • Taping of the Holiday Message • Legislative Update • Committee Updates from City Council Liaisons • Discussion of Regular Agenda Items With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:55 p.m. on Tuesday, December 9, 2008. Call to Order and Announce a Ouorum is Present With a quonun 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, December 9, 2008, in the Council Cbambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Allegiance 1 Public Recormition 1. Citizens' Comments. Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete Smith, City Attorney Workshop Session With a quonun of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:05 p.m. on Tuesday, December 9, 2008, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Aller, Texas: • Taping of the Holiday Message • Legislative Update • Committee Updates from City Council Liaisons • Discussion of Regular Agenda Items With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:55 p.m. on Tuesday, December 9, 2008. Call to Order and Announce a Ouorum is Present With a quonun 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, December 9, 2008, in the Council Cbambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Allegiance 1 Public Recormition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 9, 2008 PAGE 2. Presentation of a Proclamation by the Office of the Mayor: • Presentation of a Proclamation to Head Coach Ryan Mitchell and the Lovejoy High School Lady Leopards Volleyball Team for Winning the 3A State Championship and Proclaiming December 2008 as "Lady Leopard's Volleyball Team Month." 3. Recognition of the Accounting Division for Receipt of the GFOA Certtfrcate of Achievement for Excellence in Financial Reporting Award for the Fiscal Year Ending September 30, 2007. 4. Recognition of the Purchasing Division for Receipt of the 2008 Achievement of Excellence in Procurement Award 5. Recognition of the Purchasing Division for Receipt of the 2008 Minority Enterprise Development Million Dollar Roundtable Award Councihnember McGregor took his seat on the Council dais. Consent Aeenda MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councihnember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt the items on the Consent Agenda as follows: 6. Approve Minutes of the November 25, 2008, Regular Meeting. 7. Authorize the City Manager to Execute a Facilities Agreement for Montgomery Boulevard and Watters Branch Creek Bridge with Wretched Land, L.P. for the Dedication of Right -of -Way. 8. Authorize the City Manager to Approve the Purchase of Traffic Signal Upgrade Equipment in the Amount of $49,350 with Raptor Controls, a Sole Source Vendor, and $109,318 with Siemens Energy, a Sole Source Provider. 9. Award Bid and Authorize the City Manager to Execute a Contract with Republic ITS in the Amount of 5532,32650 for Construction/Integration Services as it Relates to the Traffic Signal Upgrade Project. 10. Award Bid and Authorize the City Manager to Execute a Construction Contract with JDC Construction Company for an Amount of $192,720 and Amend the Country Meadows Park Improvements Project Budget to $226,515. The motion carried. Reeular Agenda it. Conduct a Public Hearing and Adopt an Ordinance Granting a Request for an SUP Specific �! Use Permit for a Church to be Located on 3f Acres at 1403 Bethany Drive. ® 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 opposition to this item: ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 9, 2008 PAGE 3 Ryan Schelke, 742 Big Bend Drive, Allen, Texas Cathy Hinkley, 747 Cheyenne Dnve, Allen, Texas Chris Fan, 1436 Berkley, Allen, Texas Marci Fan, 1436 Berkley, Allen, Texas Patrick Capore, 744 Cheyenne Drive, Allen, Texas Zoe Baker, Garland resident, spoke in support of the item. With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2791-12-08: 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, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 106 FOR A CHURCH FOR PROPERTY ZONED "R-5" RESIDENTIAL, BEING 3.616± ACRES IN THE SIMON BURNS SURVEY, ABSTRACT NO. 92, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR A SITE PLAN ATTACHED AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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. 1 MOTION: Upon a nation made by Mayor Pro Tem Stout and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2791-12-08, as previously captioned, approving the request to grant Specific Use Permit No. 106 for Harvest Oaks Baptist Church on property zoned R-5 Residential on 3± acres of land located at 1403 Bethany Drive. The motion carred. 12. Conduct a Public Hearing and Adopt an Ordinance Amending Provisions of the Municipal Drainage Utility System and Adopt a Resolution Setting New Drainage Fees. 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. 2792-12-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, RENAMING AND AMENDING IN ITS ENTIRETY CHAPTER 14, "UTILITIES", ARTICLE III, "MUNICIPAL DRAINAGE UTILITY SYSTEM," SECTION 14-73 "DRAINAGE CHARGES" OF THE CODE OF ORDINANCES; AMENDING IN ITS ENTIRETY CHAPTER 14, "UTILITIES", ARTICLE III, "MUNICIPAL DRAINAGE UTILITY SYSTEM," SECTION 14-74 "EXEMPTIONS" OF THE CODE OF ORDINANCES; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. 2793-12-08/R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING A SCHEDULE OF CHARGES FOR DRAINAGE SERVICE FOR THE MUNICIPAL DRAINAGE UTILITY SYSTEM; PROVIDING A ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 9, 2008 PAGE 4 SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2792-12-08, as previously captioned, amending provisions of the Municipal Drainage Utility System and to adopt Resolution No. 2793-12-08(R), as previously captioned, setting new drainage fees. The motion carried. Other Business 12. Calendar. • City Facilities Holiday Closings: December 24-25, 2008 and January 1, 2009. • Next Regular Council Meeting: January 13, 2009 13. Items of Interest. [Council announcements regarding local civic and charitable events, matings, fundraisers. IDM awards.] • Council announced the Allen Eagles Varsity Football Team would be playing for the 5A Division 1 State Championship on Saturday at Reliant Stadium in Houston. • Councilmember McGregor announced that his son is playing on the Allen Eagles Varsity Basketball Team and would be arriving late at Council meetings but would continue to inform the City Manager and City Secretary of those dates. • Coancilmember Sedlacek announced the birth of her first grandchild Stephen Jose Sedlacek. Executive Session The Executive Session was not held. 14. Reconvene and Consider Action on Items Discussed during Executive Session. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 9:12 p.m. on Tuesday, December 9, 2008. The motion carried. These minutes approved on the 13' day of January, 2009. APPRO D: Stephen Terrell, MAYOR ATTEST: ShelleyBC, CITY S TARY