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Home My WebLink AboutMin - City Council - 2005 - 01/25 - RegularALLEN CITY COUNCIL REGULAR MEETING JANUARY 25, 2005 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Peter G 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 6:15 p.m. on Tuesday, January 25, 2005, in the Council Conference Room of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included • Briefing Regarding Central Business District (CBD) • Questions on Current Agenda o Agenda Item 6 Council discussed extending the hours of operation on Sundays for the Civic Auditorium With no further discussion, the workshop session of the Allen City Council was adjourned at 7IA p.m. on Tuesday, January 25, 2005. 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' 18 p.m on Tuesday, Januaq 25, 2005, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Pledge of Alleeiance ALLEN CITY COUNCIL REGULAR MEETING JANUARY 25, 2005 PAGE 2 Public Recoenition 1. Citimns'Comments. 2. Presentation by Mr. McKinney Boyd, Public Affairs & Communications Representative for the United States Postal Service, Announcing Plans for Expanding Operations of Postal Services within the City of Allen. Consent Agenda Councilmember Pacheco removed Item 6 from the Consent Agenda. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on the consent agenda as follows: 3. Approve Minutes of the January 11, 2005, Regular Meeting. 4. Motion to Approve the Second Reading of Ordinance No. 2362-1-05 Granting Grande Communications Networks, Inc. a Non -Exclusive Franchise Agreement for the Purpose of Constructing and Operating a Television Cable System. ORDINANCE NO. 2362-1-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO GRANDE COMMUNICATIONS NETWORKS, INC., A NON-EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS-OF-WAY OF THE CITY OF ALLEN, TEXAS, FOR THE PURPOSES OF CONSTRUCTING AND OPERATING A CABLE TELEVISION SYSTEM IN THE CITY OF ALLEN; SETTING FORTH TERMS AND CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF SUCH SYSTEM PROVIDING A REPEALING CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. Adopt a Resolution Suspending the Proposal by Atmos Energy Corporation to Implement Interim GRIP Rate Adjustments for Gas Utility Investment in 2003. RESOLUTION NO. 2364-1-05(R): A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORP TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003: AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP, MID-TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND PROVIDING AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 25, 2005 PAGE 3 7. Adopt a Resolution Establishing the Fee Schedule for the Allen Civic Auditorium. RESOLUTION NO. 2366-1-05fR): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES FOR THE USE OF THE ALLEN PUBLIC LIBRARY CIVIC AUDITORIUM; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 8. Award Bid and Authorize the City Manager to Execute a Contract with Tisco Paving Company for Construction of the East Main Street Widening Project for an Amount not to exceed $7,994,016.70 and Establish a Project Budget of $8,934,373. Council awarded the bid and authorized the City Manager to execute the contract. 9. Award Bid and Authorize the City Manager to Execute a Contract with Landscape Forms, Inc. for Benches and Litter Receptacles for the Allen Public Library and Civic Auditorium for an Amount of $27,139. Council awarded the bid and authorized the City Manager to execute the contract. 10. Receive the CIP (Capital Improvement Program) Status Report. The motion carried. 6. Adopt a Resolution Establishing the Use Policies and Procedures for the Allen Civic Auditorium. RESOLUTION NO. 2365-1-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING A POLICY GOVERNING THE USE OF THE ALLEN PUBLIC LIBRARY CIVIC AUDITORIUM BY MEMBERS OF THE PUBLIC AND LOCAL ORGANIZATIONS; DELINEATING RULES AND RESPONSIBILITIES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2365-1-05(R) as previously captioned with an amendment that the hours of operation for the Civic Auditorium on Sundays be extended until 9 p m. The motion carried. Reeular Aeenda 11. Adopt a Resolution Authorizing to Proceed with the Sale of General Obligation Refunding Bonds, Series 2005, of the City of Allen, Texas. RESOLUTION NO. 2367-1-05(R): A RESOLUTION RELATING TO THE REFINANCING OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY OF ALLEN, TEXAS AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 25, 2005 PAGE 4 MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2367-1-05(R) as previously captioned The motion carried. 12. Conduct a Public Hearing and Adopt an Ordinance Amending Planned Development No. 55, Tract 2, by Amending the Development Regulations Regarding Setbacks on I5± Acres of Land Located North of West Bethany Drive and West of Watters Road. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. Bruce Heller, 33 West McDermott, Allen, Texas, proponent, spoke in favor of the request Unidentified speaker, spoke in support of building around the tree line. Randy Boys, 1003 West Wood Court, Allen, Texas, spoke in favor of the request With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2368-1-05: 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 AMENDING THE DEVELOPMENT REGULATIONS FOR PROPERTY ZONED PLANNED DEVELOPMENT NO. 55, FOR TRACT 2, BEING 15.215± ACRES DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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. MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 2368- 1-05 as previously captioned. The motion cartied. 13. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning for an Amendment to Tract 2 of Planned Development No. 65 from CF Community Facilities to R6 Residential for 281 Acres of Land Located South of Shelley Drive and East of Malone Road. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. With no one speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2369-1-05: 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 AMENDING PLANNED DEVELOPMENT NO. 65 BY GRANTING A CHANGE IN ZONING FOR TRACT 2, FROM "CF" COMMUNITY FACILITIES TO `R6 RESIDENTIAL; BEING 28.012± ACRES IN THE D B HEARNE SURVEY, ABSTRACT NO. 427, CITY OF ALLEN, ALLEN CITY COUNCIL REGULAR MEETING JANUARY 25, 2005 PAGE COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A CONCEPT PLAN EXHIBIT "B", PROVIDING FOR DEVELOPMENT REGULATIONS EXHIBIT "C", 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. MOTION: Upon a motion made by Mayor Pro Tem Falk and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 2369-1-05 as previously captioned with an additional development regulation that landscaping include approved trees along Malone Road and Chaparral Road per the Allen Land Development Code. The motion carried. 14. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit (SUP) No. 98 for a Motorcycle Sales and Repair Facility on 4± Acres of Land Located West of US 75 between Bethany Drive and McDermott Drive. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. With no one speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2370-1-05: 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. 98 FOR MOTORCYCLE SALES AND SERVICE FOR PROPERTY ZONED PLANNED DEVELOPMENT NO 55, BEING 4.769± ACRES DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS, PROVIDING FOR APPROVING OF SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; 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 MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 2370-1-05 as previously captioned The motion carried. 15. TABLED ITEM: Adopt an Ordinance Approving a Request for Abandonment of Right -of - Way on Ferris Drive. No action was taken on this item. 16. Adopt an Ordinance Approving CoSery Gas Distribution's Request to Change Rates in the CoSery Gas Distribution System. ORDINANCE NO. 2371-1-05: AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FINDING THAT THE CURRENT RATES OF COSERV GAS LTD. ARE UNREASONABLE, APPROVING COSERV GAS LTD.'S REVISED AND UNCONTESTED ALLEN CITY COUNCIL REGULAR MEETING JANUARY 25, 2005 PAGE TARIFFS; APPROVING A RATE PHASE-IN; AUTHORIZING CONTINUATION OF DEFERRAL OF CARRYING CHARGES ON PLANT HELD FOR FUTURE USE; RECOGNIZING COSERV'S RIGHT TO SURCHARGE FOR FACILITY RELOCATION REQUIRED BY THE CITY; SETTING THE EFFECTIVE DATE OF NEW TARIFFS AS FEBRUARY 1, 2005; FINDING CITIES' RATE CASE EXPENSES REASONABLE; SEVERING THE DETERMINATION OF THE REASONABLENESS OF COSERV GAS LTD.'S RATE CASE EXPENSE FROM APPROVAL OF THE REVISED TARIFFS, RETAINING JURISDICTION OVER THE DETERMINATION OF THE REASONABLENESS OF COSERV GAS LTD.'S RATE CASE EXPENSE ISSUE UNTIL MARCH 1, 2005; ADOPTING A BASE RATE CASE MORATORIUM; FINDING THAT ANY RELIEF REQUESTED BY COSERV GAS LTD. NOT SPECIFICALLY GRANTED HEREIN IS DENIED; ADOPTING A MOST FAVORED NATIONS PROVISION; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE 1S PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR NOTICE OF THIS ORDINANCE TO COSERV GAS LTD., AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 2371-1-05 as previously captioned. The motion carried. Other Business 17. Calendar. • January 29 — Celebrate Allen!/Chamber of Commerce Event February 5– Special Olympics Banquet, Plano Centre February 12 -- Allen Philharmonic Symphony Dinner, Allen Hilton Garden Inn 18. Items of Interest. Executive Session The Executive Session was not held 19. Reconvene and Consider Action on Items Discussed during Executive Session. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:20 p.m. on Tuesday, January 25, 2005. The motion carried. I ALLEN CITY COUNCIL REGULAR MEETING JANUARY 25, 2005 PAGE 7 These minutes approved on the 81h day of February. 2005. APPROVED: Stephen �V Stephen Terrell, MAYOR ATTEST: Shelley B. Geo , TRMC, CITV SECRETARY I