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Home My WebLink AboutMin - City Council - 2005 - 03/08 - RegularWith a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:16 p.m. on Tuesday, March 8, 2005, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: Discussion Regarding Central Business District (CBD) With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7,13 p.m. on Tuesday. March 8, 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 7:17 p.m. on Tuesday, March 8, 2005, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Allegiance Public Recognition 1. Citizens' Comments. Kenneth Folk, Mayor Pro Tem ALLEN CITY COUNCIL Debbie Stout REGULAR MEETING Mark Pacheco Susan Bartlemay MARCH 8, 2005 Present: Peter H. Vargas, City Manager Stephen Terrell, Mayor Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Councilmembers: With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:16 p.m. on Tuesday, March 8, 2005, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: Discussion Regarding Central Business District (CBD) With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7,13 p.m. on Tuesday. March 8, 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 7:17 p.m. on Tuesday, March 8, 2005, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Allegiance Public Recognition 1. Citizens' Comments. Kenneth Folk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor City Statt: 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 6:16 p.m. on Tuesday, March 8, 2005, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: Discussion Regarding Central Business District (CBD) With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7,13 p.m. on Tuesday. March 8, 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 7:17 p.m. on Tuesday, March 8, 2005, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Allegiance Public Recognition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING MARCH 8, 2005 PAGE 2 1) Consent Agenda Mayor Terrell removed Item 12 from the Consent Agenda MOTION: Upon a motion made by Councdmember Bartlemay and a second by Councilmember Obenneyer, the Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on the consent agenda as follows: Approve Minutes of the February 22, 2005, Regular Meeting. Adopt an Ordinance Approving the Abandonment of .027± Acres of Right -of -Way on McDermott Drive at Lakeway Drive. ORDINANCE NO. 2378-3-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING A 0.027± ACRE TRACT OF RIGHT-OF- WAY DESCRIBED IN EXHIBITS "A" AND "B"; 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 AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT, AND PROVIDING AN EFFECTIVE DATE. 4. Adopt an Ordinance Approving the Abandonment of County Road 150 (CR 150). LORDINANCE NO. 2379-3-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN COUNTY ROAD 150 BETWEEN STATE HIGHWAY 121 AND STACY ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING THE EFFECTIVE DATE OF SUCH ABANDONMENT WILL OCCUR AT THE TIME WAITERS ROAD IS COMPLETED AND ACCEPTED BY THE CITY; 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 Consider Approval of the Appointment of Dan B. Chern as an Alternate Municipal Court Judge and to Approve the Professional Services Agreement Relating to his Appointment. Authorize Execution of Real Estate Sales Contracts for Right -of -Way for the SH 5 Widening Project with the Dallas Diocese for $3,052 plus Closing Costs for Construction of Paving and Utility Improvements. Council authorized the City Manager to execute the contracts. L 7. Authorize Execution of a Real Estate Sales Contract and Lease Agreement with Mr. and Mrs. Bookout for the Purchase and Lease of 603 and 605 Keith Drive in the Amount of $230,000 plus Closing Costs. ALLEN CITY COUNCIL REGULAR MEETING MARCH 8, 2005 PAGE 3 Council authorized the City Manager to execute the documents. S. Award Bid and Authorize Execution of a Contract with Piazza Construction, Inc., in the Amount of $759,195 for the Construction of the Adaptive Reuse of the "Old" Public Library Located at 301 Century Parkway. Council authorized the City Manager to execute the contract. 9. Award Bid and Authorize Execution of a Contract with SVA Construction in the Amount of $111,137.16 for the Renovations and Construction of Bethany Lakes Playground and Establish a Total Project Budget of $112,491. Council authorized the City Manager to execute the contract. 10. Award Bid and Authorize Execution of a Contract with SVA Construction in the Amount of $303,541.74 for the Improvements and Construction of Glendover Park and Dayspring Nature Preserve and Establish a Total Project Budget of $341,221 and Authorize the City Manager to Execute a Contract with ACC, Inc. in the Amount of $160,355.77 for the Improvements and Construction of Bethany Ridge Park and Establish a Total Project Budget of $173,653. Council authorized the Cny Manager to execute the contracts. U. Award Bid and Authorize Execution of a Contract for Right -of -Way (ROW) Litter Collection and Overpas"nderpass Maintenance to VMC Landscape Services in the Annual Amount of $39,536.12, with Four One -Year Options 10 Renew under the Same Terms and Conditions. Council authorized the City Manager to execute the contract. 13. Receive the Summary of Property Tax Collections as of January 2005. The motion carried. 12. Consider Approval of a Five -Foot Utility Easement at 1111 Raintree Circle in Consideration of a "Slight" Encroachment of the Retaining Wall. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Bardemay, the Council voted six (6) for, none (0) opposed, and one (1) abstained with Councilmember Pacheco abstaining after filing an affidavit of Conflict of Interest, to approve a five-foot utility easement at 1111 Raintree Circle in consideration of a "slight' encroachment of the retaining wall. The motion carried. Reeular Agenda 14, Conduct a Public Hearing and Adopt an Ordinance Approving the Use of a Portion of Community Park for a Water Transmission Pipeline Easement, a Temporary Construction Easement, and for Right -of -Way for the Extension of Exchange Parkway. ALLEN CITY COUNCIL REGULAR MEETING MARCH 8, 2005 PAGE 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. 2380-3-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, MAKING LEGISLATIVE FINDINGS OF FACT AND CONCLUSIONS, APPROVING THE USE OF A PORTION OF COMMUNITY PARK FOR A WATER TRANSMISSION PIPELINE EASEMENT, A TEMPORARY CONSTRUCTION EASEMENT, AND FOR RIGHT-OF-WAY FOR THE EXTENSION OF EXCHANGE PARKWAY, 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 opposed to adopt Ordinance No. 2380-3-05 as previously captioned. The motion carried. 15. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning on 7f Acres of Land from "PD -72" Planned Development No. 72 for "CC" Corridor Commercial to "LR" Local Retail Uses on Property Located at the Northeast Corner of Ridgeview Drive and Alma 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. 2381-3-05: 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. 72 BY GRANTING A CHANGE IN ZONING FOR TRACT A2, FROM "CC" CORRIDOR COMMERCIAL TO "LR" LOCAL RETAIL; BEING 7.173f ACRES IN THE JOHN PHILLIPS SURVEY, ABSTRACT NO. 718, AND THE J. W PARSONS SURVEY, ABSTRACT NO. 705, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A CONCEPT PLAN 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. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember McGregor, the Council voted seven (7) for and none opposed to adopt Ordinance No. 2381- 3-05 as previously captioned. The motion carried. 16. Consider Adopting an Ordinance Authorizing the Sale of General Obligation Refunding Bonds, Series 2005. ORDINANCE NO. 2382-3-05: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF ALLEN, TEXAS. GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005'; ALLEN CITY COUNCIL REGULAR MEETING MARCH 8, 2005 PAGES �♦'' SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, A BOND PURCHASE AGREEMENT AND A SPECIAL ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT, PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY. AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Mavor Pro Tem Fulk and a second by Councilmember Pacheco, the Council voted seven (7) for and none opposed to adopt Ordinance No. 2382-3-05 as previously captioned. The motion carried. Other Business 17. Calendar. • March 10 — Tri -City Joint Meeting Regarding Arts of Collin County/Frisco/7:00 p.m. • March 17 — Citizens Fire Academy/Gentry Training Facility/7:00 p.m. • March 19 — Annual Police Awards Banquet • March 22 — Ribbon Cutting/Allen Civic Plaza/5:15 p.m. • April 4 — TRIAD Meeting/6:00 p.m. • April 8-10 — Kiwanis Circus 18. Items of Interest. Councilmember Oberrneyer commended all of our soldiers who are making sacrifices to ensure our freedom. He recognized his son-in-law, Captain Trace Major, stationed overseas, and asked for everyone to remember our armed forces in their prayers, for their safe return home. Municipal Court Judge Linda Hopper introduced the newly appointed Alternate Municipal Court Judge Dan B. Chem. 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 Bartlemay, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 7:50 p.m on Tuesday, March 8, 2005. The motion carried. 0 ALLEN CITY COUNCIL REGULAR MEETING MARCH 8, 2005 These minutes approved on the 22"d day of March, 2005. ATTEST: Shelley B. George; RMC, CITY SECRETARY I "a 911811/at to Stephen Terrell, MAYOR PAGE 6