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Home My WebLink AboutMin - City Council - 2009 - 02/10 - RegularALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2009 Present: Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obertneyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor (absent) City Staff: 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, February 10, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas • Update Regarding the Capital Improvement • 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 6:52 p.m. on Tuesday, February 10, 2009. Call to Order and Announce a Ouorum 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 7:02 p.m. on Tuesday, February 10, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Public Recoenition 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 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, February 10, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas • Update Regarding the Capital Improvement • 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 6:52 p.m. on Tuesday, February 10, 2009. Call to Order and Announce a Ouorum 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 7:02 p.m. on Tuesday, February 10, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Public Recoenition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2009 PAGE 2. Presentation of Blue Star Flags to the Families of Allen Service Personnel Currently Deployed by the U.S. Armed Forces. • Ms. Edelina Ortega, mother of E-5 Steve B. Virrueta of the United States Nary E-5 Virrueta was deployed in January 2009 to Iraq. He joined the Nary in 2004. • Ms. Sherry Parker, mother of PV2 Joshua Parker of the United States Army PV2 Parker was deployed in January 2009 to Iraq. He joined the Army in 2007 3. Presentation of a Proclamation by the Office of the Mayor: • Presentation to Ms. Gail Mehno, BPA Advisor, and Members of the Allen High School Chapter of Business Professionals of America, Proclaiming the Week of February 8-14, 2009, as "Business Professionals ofAmerica Week." 4. Presentation by Jane Bennett, Board Member of the Friends of the Library, Regarding the 2009 ALLen Reads Program. MOTION: Upon a motion made by Councilmember Obermayer and a second by Councilmember Herald, the Council voted six (6) for and none (0) opposed to adopt the items on the Consent Agenda as follows: 5. Approve Minutes of the January 27, 2009, Regular Meeting. 6. Adopt an Ordinance Approving and Enacting Supplement No. 5 to the Code of Ordinances. ORDINANCE NO. 2801-2-09: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 5 TO THE CODE OF ORDINANCES; PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY; PROVIDING A REPEAL OF CERTAIN ORDINANCES; PROVIDING EXCEPTIONS TO REPEAL; PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE. 7. Adopt a Resolution Supporting the Legislative Agenda Recommended by the Board of Directors of the Cities Aggregation Power Project, Inc. (CAPP). RESOLUTION NO. 2802-2-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ENDORSING CERTAIN LEGISLATIVE CHANGES TO ENHANCE THE COMPETITIVE ELECTRIC MARKET SUPPORTED BY THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP); AND PROVIDING AN EFFECTIVE DATE. 8. Authorize the City Manager to Execute a Real Estate Contract with the City of Plano for the Purchase of Right -of -Way for Chaparral Road in the Amount of $105,687.50 plus Customary Closing Costs. 9. Award Bid and Authorize the City Manager to Execute a Contract with Mario Sinacola and Sons Excavating, Inc. in the Amount of $5,311,533.90 for Construction of Ridgeview Drive from Custer Road to Alma Drive and Amend the Project Budget to $7,900,000. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2009 PAGE 10. Award Bid and Authorize the City Manager to Execute a Contract with Jim Bowman Construction, LP in the Amount of $339,486 for Various Street and Alley Repairs and Establish a Project Budget in the Amount of $429,938. 11. Award Bid and Authorize the City Manager to Execute a Contract with W. R. Hodgson Company LP in the Amount of $273,208.90 for Construction of the Custer Road 24 -inch Waterline and Establish a Project Budget of $400,000. The motion carried. Reeular Aeenda. 12. CONTINUED PUBLIC HEARING: Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code by Amending the Allen Land Development Code Article VII, Section 7.04.1 Parking Requirements for Church, Temple, or Rectory, and Section 7.07 Fences and Walls, Subsection 4 — Screening Walls or Visual Barriers Required. Mayor Terrell announced that the public hearing was still open 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. 2803-2-09: AN ORDINANCE AMENDING THE ALLEN LAND DEVELOPMENT CODE SECTION 7.04.1 "VEHICLE PARKING', TABLE 7.04.1. 'PARKING REQUIREMENTS" RELATING TO MINIMUM OFF-STREET PARKING REQUIREMENTS FOR CHURCHES AND OTHER RELIGIOUS FACILITIES, AND SECTION 7.07 'FENCES & WALLS," SUBSECTION 4, "SCREENING WALLS OR VISUAL BARRIERS REQUIRED" WITH RESPECT TO SCREENING OF NON-RESIDENTIAL USES ADJACENT TO EXISTING RESIDENTIAL USES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Caplinger and a second by Mayor Pro Tem Stout, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2803-2-09, as previously captioned, amending the Allen Land Development Code, Article VII, Section 7.04.1 Parking Requirements for Church, Temple, or Rectory, and Section 7.07 Fences and Walls, Subsection 4—Screening Walls or Visual Barriers Required. The motion carried. Other Business 13. Calendar. • March 7 —Arbor Day/ win Creeks Park/9:00 a.m. 14. Items of Interest. [Council announcements regarding local civic and charitable events, meetings, fundraisers, and awards] • February 21— Special Olympics The Regular Meeting was recessed at 7:35 p.m. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2009 PAGE In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 7:55 p.m. on Tuesday, February 10, 2009, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: 15. Personnel Pursuant to Section 551.074 of the Texas Government Code — Annual Performance Review of the City Manager The Executive Session adjourned at 9:42 p.m. on Tuesday, February 10, 2009 16. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into Regular Meeting at 9'42 p.m. on Tuesday, February 10, 2009. No action was taken on any items discussed in Executive Session. Adjourn MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Caplinger, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 9.43 p.m. on Tuesday, February 10, 2009 The motion carried. 1 These minutes approved on the 20 day of February, 2009 APPROVED: Rep—h Terrell, MAYOR ATTEST: Shelley BGeo SECRE . Y I