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Home My WebLink AboutMin - City Council - 2005 - 06/28 - RegularI ALLEN CITY COUNCIL REGULAR MEETING JUNE 28, 2005 Present: Stephen Terrell, Mavor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor (absent) City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B George, City Secretary Peter G. Smith, City Attorney With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6 17 p.m on Tuesday, June 28, 2005, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included' Briefing Regarding Allen Land Development Code (ALDC) Amendments With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:05 p.m. on Tuesday, June 28, 2005 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 7:08 p.m. on Tuesday, June 28, 2005, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Allegiance 1. Election of Mayor Pro Tem. MOTION: Upon a motion made by Councilmember Pacheco and a second by Councdmember Obermeyer, the Council voted six (6) for and none opposed that nominations cease and that ALLEN CITY COUNCIL REGULAR MEETING JUNE 28, 2005 PAGE Kenneth Fulk be elected by acclamation to the designated place of Mayor Pro Tem on the Allen City Council. The motion carried. Public Recognition 2. Citizens' Comments. Council recognized Boy Scout James Buchanan from Troop No. 224 who was in attendance as part of the requirement for earning his citizenship merit badge. 3. Present a Plaque -of -Appreciation to Ms. Cynthia Magar Ferguson, Former Member of the Keep Allen Beautiful Board. Ms Ferguson was unable to attend. Consent Agenda MOTION: Upon a motion made by Councilmember Obetmeyer and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda as follows: 4. Approve Minutes of the June 14, 2005, Regular Meeting. 5. Motion to Approve Third and Final Reading of Ordinance No. 2404-5-05 Granting Cosery Gas, Ltd., a Non -Exclusive Franchise Agreement to Use the City of Allen's Public Rights -of -Way. ORDINANCE NO. 2404-5-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO COSERV GAS, LTD., A NON- EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS-OF-WAY OF THE CITY OF ALLEN, TEXAS, FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING PIPELINES AND EQUIPMENT IN THE CITY OF ALLEN, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE AND DISTRIBUTION OF GAS; SETTING FORTH TERMS AND CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A REPEALING CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. Motion to Approve Third and Final Reading of Ordinance No. 2405-5-05 Granting Atmos Energy Corporation (Formerly TXU Gas) a Non -Exclusive Franchise Agreement to Use the City of Allen's Public Rights -of -Way. ORDINANCE NO. 2405-5-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO ATMOS ENERGY CORPORATION, A NON-EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS-OF-WAY OF THE CITY OF ALLEN, TEXAS, FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING PIPELINES AND EQUIPMENT IN THE CITY OF ALLEN, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE AND DISTRIBUTION OF GAS; SETTING FORTH TERMS AND CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A REPEALING CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING JUNE 28, 2005 PAGE 7. Adopt a Resolution Amending Ordinance No. 2332-9-04 to Allow More Frequent Watering Requirements Needed to Establish New Landscaping under the City of Allen's Water Conservation Ordinance. ORDINANCE NO. 2414-6-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE WATER CONSERVATION PLAN FOR THE CITY OF ALLEN BY AMENDING SECTION 2 (2) OF ORDINANCE NO. 2332-9-04 BY AMENDING SECTION 8.4(b) TO EXEMPT THE ESTABLISHMENT OF NEW GRASS AREAS FROM THE RESTRICTIVE HOUR FOR WATERING, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR OFFENSES; PROVIDING FOR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER CONSERVATION PLAN; AND PROVIDING AN EFFECTIVE DATE. Adopt a Resolution Supporting the `Initially Prepared 2006 Region C Water Plan'. RESOLUTION NO. 2415-6-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ENDORSING THE REGION C WATER PLANNING GROUP'S INITIALLY PREPARED 2006 REGION C WATER PLAN; AND PROVIDING FOR AN EFFECTIVE DATE 9. Adopt a Resolution Approving an laterlocal Cooperation Agreement with the City of Murphy for the Sale of Two Police Motorcycles for $2,000 Each and the Donation of Exercise Equipment. RESOLUTION NO. 2416-6-05(A): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ATTACHED INTERLOCAL COOPERATION AGREEMENT BY THE CITY OF ALLEN WITH THE CITY OF MURPHY FOR THE SALE OF TWO POLICE MOTORCYCLES AND THE TRANSFER OF OWNERSHIP OF IDENTIFIED EXERCISE EQUIPMENT, AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENTS BY THE CITY MANAGER, AND PROVIDING AN EFFECTIVE DATE. 10. Adopt a Resolution Authorizing Execution of a Local Project Advanced Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for Traffic Signal Upgrades and Establish a Project Budget of $1,078,797. RESOLUTION NO. 2417-6-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH THE STATE OF TEXAS ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FUNDING AND INSTALLATION OF TRAFFIC SIGNALS, AND PROVIDING AN EFFECTIVE DATE. 11. Adopt a Resolution Authorizing Execution of a Real Estate Sales Contract with Brian Randall Wines, et al for a Waterline Easement along SH 121. ALLEN CITY COUNCIL REGULAR MEETING JUNE 28, 2005 PAGE 4 RESOLUTION NO. 2418-6-05(Rl: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING A REAL ESTATE SALES CONTRACT WITH BRIAN RANDALL WINES, ET AL FOR PURCHASE OF A WATERLINE EASEMENT, AGREEING TO A WAIVER OF CERTAIN PRO RATA WATERLINE UTILITY FEES, ATTACHING AND INCORPORATING A TRUE COPY OF THE REAL ESTATE SALES CONTRACT AS EXHIBIT "A". AND PROVIDING AN EFFECTIVE DATE. 12. Adopt a Resolution Determining the Necessity of Easement Acquisition of Parcels 3, 4, 5, and 8 through 13, and Authorize the City Manager and City Attorney to Initiate Eminent Domain Proceedings, if Necessary, for the West Allen Transmission Waterline Project. RESOLUTION NO. 2419-6-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF UTILITY EASEMENTS FOR A NEW 36 -INCH WATERLINE ALONG THE NORTH SIDE OF MCDERMOTT DRIVE AS DESCRIBED IN THE EXHIBITS ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE EASEMENTS, AND PROVIDING AN EFFECTIVE DATE. 13. Authorize Execution of a Real Estate Sales Contract for Right -of -Way for the SH 5 Widening Project with LLG Lands, Inc. for Parcels 10 (Part 1 and Part 2) in the Amount of $49,000 plus Closing Costs for Construction of Paving and Utility Improvements. Council authorized the City Manager to execute the contract. 14. Receive the Summary of Property Tax Collections as of May 2005. 15. Receive the CIP (Capital Improvement Program) Status Report. The motion carried. 16. Conduct a Public Hearing and Adopt a Resolution Adopting the 2005-2006 Annual Action Plan for the Community Development Block Grant (CDBG) Program. 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. RESOLUTION NO. 2420-6-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2005-2006 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN; AUTHORIZING ITS SUBMISSION TO THE U S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE ALLEN CITY COUNCIL REGULAR MEETING JUNE 28, 2005 PAGES MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obenneyer, the Council voted six (6) for and none opposed to adopt Resolution No. 2420-6-05(R) as previously captioned The motion carried. Other Business 17. Calendar. June 30 - Planning & Zoning Short Course August 9, 10, and 11 — Transportation Summit August 12, 13, and 14 — City Council Budget Workshop 18. Items of Interest. Mayor Terrell announced the upcoming member -at -large appointment for the Arts of Collin County Commission Boardmember Maher Maso has requested consideration for reappointment. Councilmember Bartlemay commended the Parks and Recreation Department for a fantastic Allen USA Celebration this past weekend. Adiourn MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 7:25 p.m. on Tuesday, June 28, 2005. The motion carried. These minutes approved on the 12ih day of Jam, 2005. APPROVED: '4LQ=r—cD Stephen Terrell, MAYOR ATTEST: Shelley B. George, RMC, CITY 4&tCRETARY Executive Session The Executive Session was not held. Adiourn MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 7:25 p.m. on Tuesday, June 28, 2005. The motion carried. These minutes approved on the 12ih day of Jam, 2005. APPROVED: '4LQ=r—cD Stephen Terrell, MAYOR ATTEST: Shelley B. George, RMC, CITY 4&tCRETARY