Min - 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