Min - 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.
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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
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