Min - City Council - 2009 - 01/13 - Regular�I
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REGULAR MEETING
JANUARY 13, 2009
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
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, January 13, 2009, in the Council Conference Room of the
Allen Citv Hall, 305 Century Parkway, Allen, Texas:
• Briefing Regarding Requirements for Burying Overhead Utilities
• 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 7.03 p in. on
Tuesday, January 13, 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 7:09 p.m. on Tuesday, January 13, 2009, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledge of Alleeiance
Public Recognition
1. Citizens'Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 13, 2009
PAGE
2. Presentation of a Proclamation by the Office of the Mayor:
• Presentation of a Proclamation to Head Coach Tom Westerberg and the Team Captains of
the Allen High School Eagles Varsity Football Team for Winning the 5A State
Championship and Proclaiming 2009 as "Allen Eagles Varsity Football Team Year."
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Herald, the Council voted seven (7) for and none (0) opposed to adopt the items on the
Consent Agenda as follows:
3. Approve Minutes of the December 9, 2008, Regular Meeting.
4. Set August 7-9, 2009, as the Dates for the City Council Budget Work Session with City Council
and Executive Staff.
5. Motion to Approve Mr. Bobby J. Haggett as an At -Large Representative to the Arts of Collin
County Commission Board of Directors.
6. Adopt a Resolution Approving an Amendment to the Bylaws of the Arts of Collin County
Commission, Inc.
RESOLUTION NO. 2794-1-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
® OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AMENDMENTS TO THE BYLAWS OF
THE ARTS OF COLLIN COUNTY COMMISSION, INC.; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
7. Adopt a Resolution and Authorize the City Manager to Execute a Users Agreement with the
Presbyterian Plano Diagnostics Surgery Center with Regard to the 800 MHz Trunked Radio
System Owned by the Cities of Allen, Plano and Frisco.
RESOLUTION NO. 2795-1-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
AN AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE
PRESBYTERIAN PLANO DIAGNOSTICS SURGERY CENTER FOR THE PRESBYTERIAN
PLANO DIAGNOSTICS SURGERY CENTER'S USE OF THE TRUNKED RADIO SYSTEM
OWNED BY THE CITIES OF ALLEN, FRISCO, AND PLANO; AUTHORIZING EXECUTION
OF THE AGREEMENT BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE
8. Adopt a Resolution Accepting the Family Violence Investigation and Prevention Officer Grant
from the State of Texas, Office of the Governor, Criminal Justice Division, if Awarded.
RESOLUTION NO. 2796-1-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR
TERMINATE GRANT 4 SF -20226-02, A GRANT FROM THE STATE OF TEXAS, OFFICE OF
E THE GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A FAMILY
VIOLENCE INVESTIGATION AND PREVENTION OFFICER, IF AWARDED.
9. Adopt a Resolution Accepting the Child Abuse Investigator Grant from the State of Texas,
Office of the Governor, Criminal Justice Division, if Awarded.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 13, 2009
PAGE
RESOLUTION NO. 2797-1-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR
TERMINATE A GRANT FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR,
CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A CHILD ABUSE
INVESTIGATOR POSITION TO BE ASSIGNED TO THE COLLIN COUNTY CHILD ABUSE
TASK FORCE, IF AWARDED.
10. Authorize the City Manager to Execute a Professional Services Contract with Quorum
Architects, Inc. for an Amount not to exceed $125,000 for the Design of the Expansion of the
Animal Shelter and Establish a Project Budget of $147,719.
it. Authorize the City Manager to Execute a License Agreement and a Development Agreement
with the North Bethany Lakes Homeowners Association for the Construction of a Masonry
Screening Wall within the City of Allen Right -of -Way.
12. Accept Resignation and Declare a Vacancy in Place No. 3 of the Board of Adjustment.
13. Receive the Summary of Property Tax Collections as of November 2008.
The motion carried.
Regular Aeenda
14. Conduct a Public Hearing and Adopt an Ordinance 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 opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Sedlacek, the
Council voted seven (7) for and none (0) opposed to continue the public hearing to the
February 10, 2009, Regular Meeting. The motion carried.
15. Consider an Appeal of Sign Control Board Action on October 20, 2008, to Grant a Variance to
the Allen Heights Village Shopping Center, Located at the Northwest Corner of Main Street
and Allen Heights Drive, and to Take Action to Approve, Disapprove, or Modify Action of the
Sign Control Board.
The following individuals spoke in regard to the appeal:
Bill Kelly, property manager, 2230 LBJ Freeway, Dallas, Texas;
Maury Young, tenant, 1340 Red Oak Trail, Allen, Texas; and
Troy Easton, tenant, 1201 E. Main Street, #230, Allen, TX 75002.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to deny a variance to the Allen Heights
Village Shopping Center, located at the northwest corner of Main Street and Allen Heights
Drive, to allow an increase in maximum allowable copy area for an existing multi -tenant sign
to a maximum area of 185 square feet. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 13, 2009 PAGE 4
16. Adopt a Resolution Implementing the Water and Sewer Rate Increases Recommended for 2009
by the Water and Sewer Multi-year Financial Plan and Rate Design Study.
RESOLUTION NO. 2798-1-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING SANITARY SEWER CHARGES
AND WATER SERVICE CHARGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Council McGregor, the
Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2798-1-09(R), as
previously captioned, setting new rates for residential and commercial water and sewer
service. The motion carried.
17. Calendar.
• January 17 — City Council Strategic Planning Session
18. Items of Interest. [Council announcements regarding local civic and charitable events, meetings, fundraisers, and
awards I
• January 18 — Pep Rally to Honor 2008 5A State Champion Allen Eagles Football Team/Allen
Eagle Stadium/2.00 p.m.
• Council recognized Boy Scout Troop 223 in attendance as a requirement for obtaining the
communications merit badge.
• Council congratulated Mr. Vargas on his 10' anniversary as Allen's City Manager.
• Council requested information regarding painting the water tower to honor the AHS Football
Team. Mr Vargas stated that estimates for the project are $30-40,000
Executive Session
The Executive Session was not held.
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 8:12 p.m. on Tuesday, January 13, 2009. The motion carried.
These minutes approved on the 27' day of January, 2009
APPROVED:
i11�
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Ge e, CITY SEC Y