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Min - City Council - 2007 - 04/10 - RegularI ALLEN CITY COUNCIL REGULAR MEETING APRIL 10, 2007 Present: Stephen Terrell, Mayor Councilmembers: Susan Bartlemay, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco 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 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, April 10, 2007, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Alleeiaoce Public Recoenition 1. Citizens' Comments. 2. Introduction of Leadership Allen Class XVIII Project, the Allen Mayoral Chronicle Dedication. Mayor Terrell recessed the Regular Meeting for five minutes. 3. Presentation of a Blue Star Flag to the Family of an Allen Serviceman Currently Deployed by the U.S. Armed Forces. A Blue Star Flag was presented to John and Janet Houston, parents of Staff Sergeant Jeff Houston of the United States Army Special Forces. ALLEN CITY COUNCIL REGULAR MEETING APRIL 10, 2007 PAGE 2 4. Presentation of Proclamations by the Office of the Mayor: • Proclamation to Shelly Wiesen and Fernando Carreon, Supervisors, and Members of the Telecommunications Staff of the Allen Police Department Proclaiming April 8-14, 2007, Te%communicator's Week. • Proclamation to Planning and Development Staff Proclaiming the Week of April 12-18, 2007, as Community Development Week. • Proclamation to Members of the Keep Allen Beautiful Board and Community Services Staff Proclaiming April 21, 2007, as Great American Cleanup Dap. 5. Mr. Don Wing, Vice Chair, presented the Library Board's Annual Report to the City Council. Consent Aeenda MOTION: Upon a motion made by Mayor Pro Tem Bartlemay and a second by Councilmember Obermeyer, Council voted seven (7) for and none (0) opposed to adopt the consent agenda as follows: Approve Minutes of the March 27, 2007, Regular Meeting. Adopt an Ordinance Abandoning the Wall Maintenance Easement for Lots 1-7, Block F, Morgan Crossing Phase One. ORDINANCE NO. 2613-4-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS ABANDONING TWO WALL MAINTENANCE EASEMENTS DESCRBED AND DEPICTED IN EXHIBIT "A" 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. S. Adopt a Resolution Endorsing the Cities Aggregation Power Project's Recommended Legislative Agenda to be brought before the State Legislature in the Current Legislative Session. RESOLUTION NO. 2614-4-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ENDORSING CERTAIN LEGISLATIVE CHANGES TO SENATE BILL 7 SUPPORTED BY THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP); AND PROVIDING AN EFFECTIVE DATE. 9. Motion to Authorize the City Manager to Execute a Real Estate Sales Contract with First Christian Church of Allen for $57,992 Plus Closing and Fence Replacement Costs for Right -of - Way for the Exchange Parkway Widening Project for Construction of Paving and Utility LImprovements and Amend the Project Budget to $452,500. L ALLEN CITY COUNCIL REGULAR MEETING APRIL 10, 2007 PAGE 10. Motion to Authorize the City Manager to Approve the Purchase of a New All -Wheel Steer Loader Bobcat through the Texas Local Government Statewide Purchasing Cooperative Authorized Contractor, Clark Equipment Company d/b/a Bobcat of Texas, for an Amount Not to Exceed $40,196.20. 11. Adopt an Ordinance to Amend the Speed Limit Zones on the US 75 Frontage Roads, within the City of Allen. ORDINANCE NO. 2615-4-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING THE TABLE IN CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V. "OPERATION OF VEHICLES," DIVISION 2, "SPEED REGULATIONS," SECTION 9-135(a) TO AMEND THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR CERTAIN PORTIONS OF U.S. HIGHWAY 75 EAST FRONTAGE ROAD AND FOR CERTAIN PORTIONS OF U S. HIGHWAY 75 WEST FRONTAGE ROAD WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN, PROVIDING FOR A REPEALING CLAUSE: PROVIDING A SEVERABB,ITY 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. The motion carried. raeemarneenaa 12. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from R-5 Residential to CF Community Facilities, on 6t Acres Located at 700 Rivercrest Boulevard. Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against the item to do so at this time. With no one speaking, Mayor Terrell closed the public hearing ORDINANCE NO. 2616-4-07: 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, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM 'R-5" RESIDENTIAL DISTRICT TO "CF' COMMUNITY FACILITIES DISTRICT ON 5.9161 ACRES OF LAND IN THE PETER WETSEL SURVEY, ABSTRACT NO. 990; 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 Mayor Pro Tem Bartlemay, Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2616-4-07, as previously captioned, to grant a change in zoning from "R-5- Residential District to "CF" Community Facilities District on 5.9161 acres of land located at 700 Rivercrest Boulevard. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING APRIL 10, 2007 1 13. Calendar April 19 — Chamber of Commerce's Candidate Forum — Allen Civic Auditorium April 21 — Great American Cleanup Trash -off • May 5 —Youth Fishing Derby — Bethany Lakes Park 14. Items of Interest. Executive Session The Executive Session was not held. 15. Reconvene and Consider Action on Items Discussed during Executive Session. Adiourn PAGE 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 adjourn the Regular Meeting of the Allen City Council at 7'46 p.m. on Tuesday, April 10, 2007 The motion carried. These minutes approved on the 20 day of April, 2007 ATTEST: Shelley B. G , CITY SE&IkTARY A Stephen Terrell, MAYOR