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Min - City Council - 1985 - 12/19 - RegularALLEN CITY COUNCIL REGULAR SESSION DECEMBER 19, 1985 Present: Donald P. Rodenbaugh, Mayor Council Members• Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Jim Wolfe Jim Pendleton Gary Koch City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:39 p.m. on Thursday, December 19, 1985, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of December 5, 1985 - Regular Session. B. Authorization to city staff to pay bills associated with the 1979 Capital Improvement Program as follows: There were no bills to be paid at this time. C. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Graham Associates, Inc. $ 51810.00 Contract for Construction of Main Street Project - Phase I - Construction Staking of Main Street Construction, Services thru 11-19-85. 2. Graham Associates, Inc. $ 3,230.00 Contract for Construction of Main Street Project - Phase I - Engineering Design and Contract Administration of Phase I - Main Street Project - Services thru 11-19-85. 3. Angel Concrete Company, Inc. $117,204.07 Contract for Construction of Phase I - Main Street Project - Estimate No. 1 Service from 11-1-85 - 11-27-85. I.20 ALLEN CITY COUNCIL DECEMBER 19, 1985 Page 2 CONSENT AGENDA (continued) (Agenda Item II) D. Schedule of Taxes Receivable as of November 10, 1985. E. Ordinance No. 665-12-85: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Herein- after -Described Territory to the City of Allen, Texas, Approximately 262.614 Acres Located in the Henry Brandenburg Survey, Abstract No. 110, J. W. Parsons Survey, Abstract No. 705, and the Catherine Parsons Survey, Abstract No. 711; Collin County, Texas, and Extending the Boundary Limits of the City So As to Include Said Hereinafter -Described Property Within the City Limits and Granting to all Inhabitants and Owners of Said Property All of the Rights and Privileges of Other Citizens and Binding All Inhabitants By All the Ordinances, Acts, Resolutions and Regulations of Said City; Providing a Severability Clause; and Providing for the Effective Date of Said Ordinance. F. Ordinance No. 666-12-85: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately 103.5339 Acres Located in the F. Dosser Survey, Abstract No. 280; Collin County, Texas, and Extending the Boundary Limits of the City so as to Include Said Hereinafter -Described Property Within the City Limits and Granting to All Inhabitants and Owners of Said Property All of the Rights and Privileges of Other Citizens and Binding all Inhabitants By All the Ordinances, Acts, Resolutions and Regulations of Said City; Providing a Severability Clause; and Providing for the Effective Date of Said Ordinance. The motion carried. End of Consent Agenda Acknowledge Receipt of Resignation of Library Board Member - Place No. 6 (Agenda Item III) Mayor Rodenbaugh advised of the resignation letter submitted by Kathy P. Schwendeman, Place No. 6, on the Library Board. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Pendleton, the Council voted 7 - 0 to accept the letter of resignation from Kathy P. Schwendeman, Place No. 6, on the Library Board. The motion carried. Public Hearing: Request to Amend Planned Development No. 3 to Allow a Specific Use Permit for Gasoline Sales and for Site Plan Approval on 0.5083 Acres Location: Northwest Corner of Bethany Road and State Highway 5 Requestor: Craig Curry, Nelson Eng- ineering, representing Southland Corporation (Agenda Item III -A) and aW., ALLEN CITY COUNCIL DECEMBER 19, 1985 Page 3 Public Hearing: Request to Amend Planned Development No. 3 to Allow a Specific Use Permit for Gasoline Sales and for Site Plan Approval on 0.5083 Acres Requestor: Southland Corporation (cnt'd)(Agenda Item IV -A) and Ordinance No. 667-12-85: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 368-10-81, of the City of Allen as Heretofore Amended so as to Attach a Specific Use Permit for the Accessory Use of "Gasoline Sales" Therefore Restricting Lot 1 of the Bethany Center Two Addition, Being a 0.5083 Acre Tract of Land in the William Perrin Survey, Abstract No. 708, Collin County, Texas; and to Include the Attachments of Exhibit "E" as the Approved Site Plan and Exhibit "F" as the Approved Land Scape Plan to Land Presently Delineated on the Official Zoning Map as PD No. 3; Providing for a Penalty Clause; Pro- viding for an Effective Date; and Providing for Publication of the Caption. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request to Amend Planned Development No. 3 to Allow a Specific Use Permit for Gasoline Sales and for Site Plan Approval on Property Located at the Northwest Corner of Bethany Road and State Highway 5 and Consider an Ordinance Amending Planned Development No. 3." Craig Curry, with Nelson Engineering Corporation and representing the property owner, Southland Corporation, spoke before the Council on this request. Mr. Curry presented a site plan of the property and reviewed the location of the property with the City Council. Mr. Curry advised that Southland Corporation is proposing to build a 7-11 Convenience Store at this location and is also requesting a specific use permit for the accessory use of gasoline sales. Mr. Curry presented the site plan and pointed out the location of the building on the lot, the parking lot area, the location of the gasoline pumps, the ingress/egress to the site, fire lanes, and the proposed landscaping on the site. Mr. Curry reviewed the development on the adjacent tracts of land to this site, explained about the access easement on this property on the north side, and explained the new concept in landscaping for this 7-11 Store. Mr. Curry advised the Council of the amendments to the original site plan by the Planning and Zoning Commission and reviewed those changes with the Council. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this request. Mayor Rodenbaugh closed the public hearing. 0'121 ALLEN CITY COUNCIL DECEMBER 19, 1985 Page 4 Public Hearing: Request to Amend Planned Development No. 3 to Allow a Specific Use Permit for Gasoline Sales and for Site Plan Approval on 0.5083 Acres Requestor: Southland Corp. (cont'd) (Agenda Item IV -A) and Ordinance No. 667-12-85 (cont'd) The Planning and Zoning Commission, at their regular meeting held on November 14, 1985, recommended to the City Council approval of the request with the following amendments: 1. Air conditioning units, if located on the top of the building, shall be screened on all four sides. 2. The entire rear of the building to the west shall be bricked the same as the front and the entire rear facade shall be compatible with the remainder of the structure. 3. The entrance road from State Highway 5 will be constructed with the entire 25 feet of paving at the time of construction of this building. 4. Dumpster shall be screened on all four sides. The Council discussed with Mr. Curry the type of land- scaping being considered for this site and if the plants are to be live or artifical, if the landscaping is going to be irrigated, if the screening of the dumpster is going to be masonry construction with the use of a metal gate, the fact that there exists now in Allen several convenience stores and the reasoning behind 7-11 Stores wanting to build another store so close to the one presently located at the intersection of F.M. 2170 and State Highway 5. The Council also discussed the set -back requirements required by the Council in the Light Industrial zoning district to the west of this property of 30', which would contain landscaping, berms, and winding sidewalks, and if that same requirement can be adhered to by this property. Mr. Curry advised the Council that the 30' set -back could not be met on this property. City staff .advised the Council that according to the Subdivision Ordinance, sidewalks would have to be constructed on this site. MOTION: Upon a motion made by Councilman Pendleton and seconded by Mayor Pro Tem Farmer, the Council voted six (6) for and one (1) opposed, with Councilman Wolfe casting the negative vote, to approve the request for a specific use permit for accessory use of gasoline sales and to approve the site plan, in accordance with the recommendations of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 667-12-85, as captioned previously. The motion carried. aci9 ALLEN CITY COUNCIL DECEMBER 19, 1985 Public Hearing: Request to Amend Page 5 Planned Development No. 19 to Include a Site Plan on 13.6317 Acres Location: South of F.M. 2170, East of Jupiter Road and West of Hillside Village Requester: J. T. Dunkin, repre- senting Greycliffe (Agenda Item IV -B) and Ordinance No. 668-12-85: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 995-3-89 to Include the Attachments of Exhibit "C", Amended Site Plan with Amended Use Regulations and Exhibit "D", Amended Landscape Plan for Development of a 13.6 Acre Tract Out of the David Wetsel Survey, Abstract No. 977, Collin County, Texas, Presently Delineated on the Official Zoning Map as PD No. 19; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request to Amend Planned Development No. 19 to Include a Site Plan on Property Located South of F.M. 2170, East of Jupiter Road and West of Hillside Village and Consider an Ordinance Amending Planned Development No. 19." J. T. Dunkin, with J. T. Dunkin & Associates, land planners, and representing the property owner, Greycliffe, spoke before the Council on behalf of this request. Mr. Dunkin presented a conceptual landscape and site plan of the 13.6317 acres and explained that the request is for a different layout configuration of the multi -family units located in Planned Development No. 19, as well as to change the density, the minimum unit size and the proposed unit mix. Mr. Dunkin reviewed the landscape and site plan with the City Council and advised of the location of the multi -family buildings on the site, the open space areas, the location of the swimming pools, the ingress/egress to the property, and the thoroughfares running through this development. Mr. Dunkin explained that the number of buildings was being reduced from 18 to 12, the density is proposed to be increased by .6 units to the acre, which will yield an, additional eight dwelling units. The Council briefly discussed with city staff the proposed routing of Roaming Road and the previous discussions on how Roaming Road's alignment could be straightened out. Bill Petty, Director of Community Development, spoke before the Council on the proposed alignment of Roaming Road. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this request. Mayor Rodenbaugh closed the public hearing. ALLEN CITY COUNCIL DECEMBER 19, 1985 Page 6 Public Hearing: Request to Amend Planned Development No. 19 to Include a Site Plan on 13.6317 Acres Requestor: Greycliffe (cont'd) (Agenda Item IV -B) and Ordinance No. 668-12-85 (cont'd) The Planning and zoning Commission, at their regular meeting held on November 14, 1985, recommended to the City Council approval of the request as presented. The Council discussed with Mr. Dunkin if this property was going to be developed immediately, the exact location of this property and what the adjacent land uses are, if the general notes as approved with the original zoning request would still be valid with this request, and the amount of 700 square foot apartments proposed for this development. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pendleton, the Council voted four (4) for and three (3) opposed, with Council Members Womack, McClure and Koch casting the negative votes, to approve the request for site plan approval, in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 668-12-85, as captioned previously. The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 8:15 p.m. The meeting reconvened at 8:27 p.m. Authorization to Execute a Facilities Agreement Between Bass Development Company and the City of Allen Concerning Bethany Road Improvements (Agenda Item V) Don Bass, with Bass Development Company, spoke briefly before the Council regarding the proposed facilities agree- ment between the City of Allen and Bass Development Company for road improvements on Bethany Road. This agreement would allow Bass Development Company to construct and pay for off- site street improvements and allow the city to require reimbursement from adjoining commercial property owners at the southeast intersection of Bethany and Jupiter Road at the time of development. Those reimbursement funds would then be paid to Bass Development Company. The Council discussed with city staff and Mr. Bass the inclusion of the 88 per annum interest factor and whether it was compounded per year. In further discussion, it was concluded that the words "simple interest" could be placed in the sentence to help clarify the matter. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 7 - 0 to approve the facilities agreement, with the additional wording "simple interest" to be added to the sentence regarding the 8% per annum interest rate, and to authorize the city manager to execute the agreement on behalf of the city. The motion carried. ALLEN CITY COUNCIL DECEMBER 19, 1985 Award of Bid on Maintenance Vehicles for Parks and Recreation and Community Development Departments Page 7 (Agenda Item VI) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the solicitation of bids, receipt of bids, the bid opening held on December 12th, and the bid tabulation for two midsize 1/2 ton trucks to be used for light duty work and personnel transporting for the Parks and Recreation Department and the Community Development Department. Mr. Thornton advised that the following bids were submitted: Howard Thornton Ford $14,631.08 Eldorado Chevrolet $14,210.00 Bob Tomes Ford, Inc. $13,945.49 Fred Taylor GMC Truck Sales $13,448.00 Mr. Thornton advised that it was the city staff's recom- mendation that the bid be awarded to Fred Taylor GMC Truck Sales, Inc., being the low bidder, in the amount of $13,448.00, or $6,724.00 for each truck. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pendleton, the Council voted 7 - 0 to approve the award of the bid to the low bidder, being Fred Taylor GMC Truck Sales, Inc., in the amount of $13,448.00, in accordance with the city staff's recom- mendation, as stated. The motion carried. Review and Consider Approval of Main Street Project Street- scaoe Design (Agenda Item VII) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the presentation to be made by repre- sentatives of the SWA Group on the proposed plans for the streetscape for Phase I of the Main Street project. Mayor Rodenbaugh advised the Council of the meeting between the Main Street Subcommittee of the Council with city staff and the consultants of SWA Group on this proposal for Main Street and of their recommendation to the Council for approval of the proposal as to be presented by the consultants. John Cutler, with SWA Group, presented the master plan of the streetscape design for the entire Main Street project from U.S. 75 to State Highway 5, showing McDermott Drive, Main Street, and Allen Drive. Mr. Cutler reviewed the plan and pointed out the landscaping with trees, accent paving with brick pavers, landscaping of medians, sidewalks, street lighting, etc. Monica Simpson, with SWA Group, then presented the proposed design for Phase I of Main Street, from U.S. 75 on McDermott to Allen Drive and on Main Street to Dogwood. Ms. Simpson explained about the landscaping with street trees, the accent paving with brick pavers, special designs at the curbs of the intersections of Main Street, the use of street lights, benches, trash receptacles, etc. During Ms. Simpson's presentation, the Council was provided with a sample of the reddish -brown concrete paver for use in the special accent areas. ?fl ALLEN CITY COUNCIL DECEMBER 19, 1985 There was considerable discussion by the Council on the landscaping of the medians with grass and trees and if that was the easiest and best way to maintain those medians, the proposed design of the light fixture for the street lighting, the proposed design to be placed on the curbs being changed from a "star" to some other design such as the city's logo, the planting to be placed at the railroad being done in the next phase of development, placing the paving accents at other intersections as well as those shown, what type of street signs and signalization can be used with this new design, the type of park benches to be used on Main Street and the elimination of the existing benches which contain advertisements, and the need for the median design at the intersection of Allen Drive and Main Street. There was lengthy discussion on the "star" design for the curb areas and placement of the accent paving markers at other intersections as well as along the railroad crossing. The Council also discussed the durability of the accent pavers and the cost for adding the additional pavers at other intersections. Mr. Thornton advised that it was the city staff's recommendation that the City Council authorize the city staff to begin negotiations with the Main Street contractor to perform portions of the work as required to assure proper development for the proposal as presented and authorization to bid all or portions of the remaining streetscape project as required in order to assure proper timing of construction of the total Phase I of Main Street. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Koch, the Council voted 7 - 0 to approve the proposed design as presented for the streetscape for Phase I of the Main Street Project, with the details as presented, with the addition of four additional accent street pavers locations on Main, being the east side of the railroad tract, on the east and west sides of Cedar Street and on the west side of Dogwood Drive, and to authorize the city staff to being negotiations with the Main Street contractor to perform portions of the work as required to assure proper development for the proposal as presented and to authorize city staff to bid all or portions of the remaining streetscape project as required in order to assure proper timing of construction of the total Phase I of the Main Street Project. The motion carried. 2�a Review and Consider Approval of Main Street Project Street- scape Design (cont'd) (Agenda Item VII) Ms. Simpson also presented a cross section showing how the Main Street would appear with the street trees, light fixtures, curbs, and sidewalks. She also presented a drawing of the proposed street light design proposed design to be placed on the and pointed out curbs was that of the a "star". Ms. Simpson also advised the Council of the proposed plantings to be placed at the railroad tracks, but stated that this was not part of the initial Phase I project and would be considered in a later phase. There was considerable discussion by the Council on the landscaping of the medians with grass and trees and if that was the easiest and best way to maintain those medians, the proposed design of the light fixture for the street lighting, the proposed design to be placed on the curbs being changed from a "star" to some other design such as the city's logo, the planting to be placed at the railroad being done in the next phase of development, placing the paving accents at other intersections as well as those shown, what type of street signs and signalization can be used with this new design, the type of park benches to be used on Main Street and the elimination of the existing benches which contain advertisements, and the need for the median design at the intersection of Allen Drive and Main Street. There was lengthy discussion on the "star" design for the curb areas and placement of the accent paving markers at other intersections as well as along the railroad crossing. The Council also discussed the durability of the accent pavers and the cost for adding the additional pavers at other intersections. Mr. Thornton advised that it was the city staff's recommendation that the City Council authorize the city staff to begin negotiations with the Main Street contractor to perform portions of the work as required to assure proper development for the proposal as presented and authorization to bid all or portions of the remaining streetscape project as required in order to assure proper timing of construction of the total Phase I of Main Street. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Koch, the Council voted 7 - 0 to approve the proposed design as presented for the streetscape for Phase I of the Main Street Project, with the details as presented, with the addition of four additional accent street pavers locations on Main, being the east side of the railroad tract, on the east and west sides of Cedar Street and on the west side of Dogwood Drive, and to authorize the city staff to being negotiations with the Main Street contractor to perform portions of the work as required to assure proper development for the proposal as presented and to authorize city staff to bid all or portions of the remaining streetscape project as required in order to assure proper timing of construction of the total Phase I of the Main Street Project. The motion carried. 2�a ALLEN CITY COUNCIL DECEMBER 19, 1985 Page 9 Review and Consider Approval of Main Street Project Street- scape Design (cont'd) (Agenda Item VII) Mark Thornton, Director of Parks and Recreation, spoke briefly to the Council on the current plans for raising the funds for the development of the Sesquicentennial Park to be developed at the corner of McDermott and Allen Drive. Review and Consider Approval of the Color Combination of Brick to be Used at Ford Park (Agenda Item VIII) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the color combination of brick to be used for the construction of the building at the Ford Park Municipal Pool for the bath house. Mr. Thornton presented brick samples and advised of the need that the brick colors be compatible with the school building adjacent to the park site. Mr. Thornton showed the Council the brick colors recommended by the city staff. The Council briefly discussed if this item needed to appear before them for approval. MOTION: Upon a motion made by Councilman Wolfe and seconded by Mayor Pro Tem Farmer, the Council voted six (6) for, none (0) opposed, and with one (1) abstention from Councilman McClure, to approve the color of the bricks as recommended by the city staff for the construction of the bath house at the municipal swimming pool at Ford Park. The motion carried. Resolution No. 669-12-85(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Declaring Approval by the City of Allen of the State of Texas Proposal to Release an Ease- ment Determined by the State of Texas to be Surplus Property by a quit- claim to the Owner of the Fee in the Land; Attaching a Field Note Description of the Subject Property and Stating That an Independent Determination Has Been Made, "That the Land is No Longer Needed for Drainage or For OtherPublic Purpose." (Agenda Item XI) Bill Petty, Director of Community Development, spoke before the Council on a request by the owners of property at the northeast corner of the intersection of U.S. 75 and Bethany Road to the State of Texas for release of surplus right-of-way which lies east of U.S. 75 on the north side of new Bethany Road and south of the old Bethany Road align- ment. Mr. Petty advised that the state had verified that this was surplus right-of-way for them, and the state has requested that the City of Allen give their concurrence prior to their formal action of right-of-way release. Mr. Petty advised that the city staff has determined that this property is no longer needed for drainage or any other public purpose in the foreseeable future. Mr. Petty stated that the city staff's recommendation is that the City Council approve the state's request for release of this surplus right-of-way and adopt the proposed resolution stating such. i� ALLEN CITY COUNCIL DECEMBER 19, 1985 Page 10 Resolution No. 669-12-85(R) (cont'd) (Agenda Item IX) MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the state's request and to adopt Resolution No. 669-12-85(R), as captioned previously. The motion carried. Report on Planning and Zoning Commission Actions Concerning a Request for Private Clubs (Agenda Item X -A) Bill Petty, Director of Community Development, spoke before the Council on the action taken by the Planning and Zoning Commission to meet with the City Council in a joint workshop session to be held on Tuesday, January 7, 1986, at 7:00 p.m., to discuss matters pertaining to the development of criteria for private clubs in the city. This item was received as a matter of information. There was no action taken on this item. Items of Interest to the Council (Agenda Item X -B) Mayor Pro Tem Farmer advised the Council of federal legislation that would make the mandatory requirement for social security for all school districts. City Manager Jon McCarty advised the Council that the subcommittee of the Council on the telephone system would be taking a trip to Austin on January 3, 1986 in order to attend the prehearing conference called by the Judge which has been assigned to the city's docketed case for EAS service. At this time Mayor Rodenbaugh advised that the City Council would convene into Executive Session as posted as the next item on the agenda. Executive Session (Agenda Item XI) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(f), the Allen City Council convened into Executive Session at 10:05 p.m. on Thursday, December 19, 1985, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. The Executive Session was adjourned at 10:23 p.m. Reconvene: Consider Action Related to Items Discussed in Executive Session (Agenda Item XII) The Allen City Council reconvened into regular session at 10:25 p.m. on Thursday, December 19, 1985, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Resolution No. 670-12-85(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Determining a Public Necessity for the Acquisition of Easements, Permanent and Temporary, Over and Upon All Land Necessary to Construct Projected Public (Emergency - Improvements, to Wit: Agenda Item XIII) L�.7� ALLEN CITY COUNCIL DECEMBER 19, 1985 Page 11 Resolution No. 670-12-85(R)(cont'd): A Sanitary Sewer System Within the City Limits of the City of Allen, Texas, on Those Tracts or Parcels of Land Located in the City of Allen, Collin County, Texas, and Described More Particularly in Exhibits "A" and "B" Attached Hereto; Authorizing the City Attorney to File Proceedings in Eminent Domain to Acquire the Needed Easements; and Providing an (Emergency Agenda Effective Date. Item XIII) City Manager Jon McCarty presented to the Council the proposed resolution authorizing the city attorney to file proceedings in eminent domain to acquire the needed ease- ments. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Pendleton, the Council voted 7 - 0 to adopt Resolution No. 670-12-85(R), as captioned previously. The motion carried. Adjournment MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Koch, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 10:30 p.m. on Thursday, December 19, 1985. The motion carried. 1986. These minutes approved on the 2nd day of January 011 FIRM I . • •� Marty Hendrix, ITY SECRETARY