Min - 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