Min - City Council - 2005 - 05/24 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 24, 2005
present:
Stephen Terrell, Mayor (absent)
Councilmembers:
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Councilmember Bartlemay at 6:13 p.m. on Tuesday, May 24, 2005, in the Council Conference
Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included:
• Introduction of Brian Casstevens, Chair of Keep Allen Beautiful Board
• Update of Capital Improvement Program
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6.55 p.m. on
Tuesday, May 24, 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 City Secretary Shelley George at 7:03 p or on Tuesday, May 24, 2005, in the Council Chambers of
the Allen City Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
1. Motion to Select `Mayor Pro Tem' for the Duration of this Meeting Only.
Kenneth Fulls, Mayor Pro Tem (absent)
Debbie Stout
Ross Obermeyer
Mark Pacheco (absent)
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 Councilmember Bartlemay at 6:13 p.m. on Tuesday, May 24, 2005, in the Council Conference
Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included:
• Introduction of Brian Casstevens, Chair of Keep Allen Beautiful Board
• Update of Capital Improvement Program
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6.55 p.m. on
Tuesday, May 24, 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 City Secretary Shelley George at 7:03 p or on Tuesday, May 24, 2005, in the Council Chambers of
the Allen City Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
1. Motion to Select `Mayor Pro Tem' for the Duration of this Meeting Only.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 24, 2005
PAGE
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor,
the Council voted four (4) for and none (0) opposed to select Susan Bartlemay as Mayor Pro
Tem for the duration of the May 24, 2005, meeting only The motion carried.
Public Recounition
2. Citizens' Comments.
3. Recognition of Eagle Scouts/Troops for their Efforts Focusing on Beautification or
Environmental Awareness Projects Benefiting the City of Allen and Presentation of
Certificates -of -Appreciation by the Keep Allen Beautiful Board.
The keep Allen Beautiful Board presented Certificates -of -Appreciation to:
• Dax Jamigan, Troop 549, led 37 volunteers in transplanting 250 tree seedlings to ten-gallon
containers in support of the KAB Trees for Allen program.
• Nicholas Burger, led 13 volunteers in planting 400 Shumard Red Oak seedlings in two -gallon
containers in support of the KAB Trees for Allen program.
• Easton Braithwaite, Troop 223, led 18 volunteers in installing a split rail fence at the "Trail in the
Woods" overlooks.
• Anthony Reed, Troop 328, led 25 volunteers in conducting a tree inventory at Ford East and Ford
West parks. Mr. Reed and the volunteers used GPS equipment for tree assessment, determined
tree caliper size and tree canopy width.
• Marcos Escalona, Troop 1234, led 13 volunteers in conducting a tree inventory at Celebration
Park. They determined tree caliper size, tree canopy width and used GPS equipment for tree
assessment.
• Clayton Williams, Troop 328, led 15 volunteers in planting 75 donated trees at Celebration Park
along the hike and bike trail.
• Joshua Matheney, Troop 1177, led 45 volunteers in a Tree Farm clean up of 1,000 small trees at
the Tree Farm.
• Derek Sena, Troop 1234, led 20 volunteers in doing a fall cleanup of senior citizens' yards to the
CBD. The volunteers planted flowers, added mulch to flower beds and raked leaves
• Charles Harris, Troop 223, led 34 volunteers in cleaning up the "Baptist Encampment" by
removing a pavilion wall, brush and trash.
• Thomas Cook led volunteers in planting 500 tree seedlings at the Tree Farts.
• Josh Jones led volunteers in planting 500 tree seedlings at the Tree Farts and handed out 200 free
five -gallon trees to participants at the Great American Cleanup.
• Paul Daniel Lopez, Troop 1334, led volunteers in planting over 100 ten-gallon trees, 40 five -
gallon shrubs and 16 one -gallon native grasses at Allen Station Park Phase 11, north of Exchange
Parkway and Allen Station Park on parkland property
• Samuel Peck, Team 1177, led volunteers in upgrading 342 three -gallon to five -gallon trees to 10 -
gallon containers at the Tree Farm.
• Green Team of the Allen Parks and Recreation Department Crew Leader Jerry Straka, Bart
Bush, Tim Levenhagen, Don Kerr and Josh Woodfill for supervising these projects and to Susan
Eprojects.
Campbell for providing assistance in choosing and planning these and numerous other Scout
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 24, 2005 PAGE 3
4. Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Sergeant Johnny Thomason and Representatives of the
Allen Police Department Traffic Division Proclaiming the Weeks of May 23 -June 5, 2005,
as Click It or Ticket Weeks.
• Presentation of a Proclamation to Michelle Miller Representing The Cancer Monument
Foundation Proclaiming the Month of May as Who's Your Hero Month.
5. Brian Casstevens, Chair of the Keep Allen Beautiful Board, will Review the Keep Allen
Beautiful Board's Annual Report.
Consent Aeenda
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout,
the Council voted four (4) for and none (0) opposed to approve and adopt the consent agenda
as follows:
6. Approve Minutes of the May 10, 2005, Regular Meeting.
7. Adopt a Resolution Authorizing the City of Allen's Staff, Bond Counsel, and Financial Advisor
E to Proceed with the Sale of $4,250,000 in Waterworks and Sewer System Revenue
Improvement Bonds, Series 2005.
RESOLUTION NO. 2403-5-05(R): A RESOLUTION APPROVING A DATE FOR THE SALE
OF REVENUE BONDS: AUTHORIZING APPROPRIATE PERSONNEL AND CONSULTANTS
TO PROCEED WITH ARRANGEMENTS AND THE PREPARATION OF DOCUMENTS FOR
THE ISSUANCE AND SALE OF SUCH BONDS AND RESOLVING OTHER MATTERS
INCIDENT AND RELATED THERETO.
8. Award Bid and Authorize Execution of a Construction Contract with Jim Bowman
Construction Company, L.P., for Sidewalk Replacements in the Hillside Village and Windridge
Neighborhoods for an Amount not to exceed $107,728 and Establish a Project Budget of
$128,500.
Council authorized the City Manager to execute the contract.
9. Award Bid and Authorize Execution of a Construction Contract with Jim Bowman
Construction Company, L.P., in the Amount of $108,124.40 for the Construction of
Cottonwood Bend Trail and Establish a Total Project Budget of $120,924.40.
Council authorized the City Manager to execute the contract.
10. Accept the Resignation from Ms. Cynthia Magar Ferguson and Declare a Vacancy in Place No.
3 of the Keep Allen Beautiful Board.
j 11. Receive the Summary of Property Tax Collections as of April 2005.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 24, 2005 PAGE 4
12. Receive the CH' (Capital Improvement Program) Status Report.
The motion carried.
Reeular Agenda
13. Conduct a Public Hearing to Consider the Community Development Block Grant (CDBG)
Action Plan.
Mayor Pro Tem Bartlemay opened the public hearing and asked for anyone speaking either for or
against the request to do so
With no one speaking, Mayor Pro Tem Bartlemay closed the public hearing.
14. Adopt an Ordinance 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: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer,
the Council voted four (4) for and none opposed to approve the first reading of Ordinance
No. 2404-5-05 as previously captioned. The motion carried.
15. Adopt an Ordinance 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
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout,
the Council voted four (4) for and none opposed to approve the first reading of Ordinance
No. 2405-5-05 as previously captioned. The motion carried.
s
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 24, 2005
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16. Adopt an Ordinance Requesting an Amendment to the Code of Ordinances, Chapter 6, Health
and Environment, Establishing a City Compost Program and Establishing a Penalty for
Violation of the Program.
ORDINANCE NO. 2406-5-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 6, "HEALTH AND ENVIRONMENT,' BY ADDING SECTION 6-66
"COMPOSTING PROGRAM PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY 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 Obermeyer and a second by Councilmember
McGregor, the Council voted four (4) for and none opposed to adopt Ordinance No. 2406-5-
05 as previously captioned with an amendment to reword Section 6-66, Composting
Program, as follows: " current City utility bill, Texas driver's license, identification card,
or other satisfactory proof verifying Allen residence." The motion carried.
17. Adopt a Resolution Setting the Rates and Fees for Commercial Solid Waste and Recycling
Services.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout,
the Council voted four (4) for and none opposed to adopt Resolution No. 2407-5-05(R) as
previously captioned. The motion carried.
18. Calendar.
• May 25 — TxDOT Public Meeting/SH 121/6:30 p.m./MeMnney
• May 30 — City Offices Closed in Observance of Memorial Day
• June 2 — Tri -City Councils with Arts of Collin County—Public Forum/Allen Civic
Auditorium/Allen Public Library/7:00 p.m.
• June 4 — Grand Opening Ceremony for the Youth Center Facility/Allen Station Park/10:00
a.m.
• June 25 — Allen USA Celebration
• July 8 — Mayor's Classic Golf Tournament
19. Items of Interest.
E The City Council congratulated the AHS Girls' Varsity Golf Team for winning the 2005 State UIL
Championship, the School District's first UIL state trophy.
RESOLUTION NO. 2407-5-05(R):
OF ALLEN, COLLIN COUNTY,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
TEXAS, ESTABLISHING FEES AND RATES FOR
COMMERCIAL SOLID
WASTE
COLLECTION SERVICES; PROVIDING A REPEALER
CLAUSE; PROVIDING
A SEVERABB,ITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout,
the Council voted four (4) for and none opposed to adopt Resolution No. 2407-5-05(R) as
previously captioned. The motion carried.
18. Calendar.
• May 25 — TxDOT Public Meeting/SH 121/6:30 p.m./MeMnney
• May 30 — City Offices Closed in Observance of Memorial Day
• June 2 — Tri -City Councils with Arts of Collin County—Public Forum/Allen Civic
Auditorium/Allen Public Library/7:00 p.m.
• June 4 — Grand Opening Ceremony for the Youth Center Facility/Allen Station Park/10:00
a.m.
• June 25 — Allen USA Celebration
• July 8 — Mayor's Classic Golf Tournament
19. Items of Interest.
E The City Council congratulated the AHS Girls' Varsity Golf Team for winning the 2005 State UIL
Championship, the School District's first UIL state trophy.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 24, 2005
PAGE
The City Council's best wishes were conveyed to Councilmember McGregor and Mr. Vargas, on the
graduation of their daughters from Allen High School.
Executive Session
The Executive Session was not held.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Oberrneyer,
the Council voted four (4) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 8:04 p.m. on Tuesday, May 24, 2005 The motion carried.
These minutes approved on the 10 day of June, 2005.
ATTEST:
Shelley B. George,C, CITY SECAETARY
0
APPROVED:
Stephen Terrell, MAYOR