Min - 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