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Min - City Council - 2008 - 10/14 - RegularALLEN CITY COUNCIL REGULAR MEETING OCTOBER 14, 2008 Pmsenh Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald Robin L. Sedlacek (absent) Gary L. Caplinger Jeff McGregor With a quorum of the Councilro mbers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:14 p.m. on Tuesday, October 14, 2008, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Introduction of Cheryl Lawson, President of the Parks and Recreation Board • Briefing Regarding Drainage Fund Commercial Rate Adjustments With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:54 p.m. on Tuesday, October 14, 2008. Call to Order and Announce a Ouorum is Present With a quornm of the Councihnembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7:03 p.m. on Tuesday, October 14, 2008, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition 1. Citizens' Comments. City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary 1 Pete Smith, City Attorney Workshop Session With a quorum of the Councilro mbers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:14 p.m. on Tuesday, October 14, 2008, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Introduction of Cheryl Lawson, President of the Parks and Recreation Board • Briefing Regarding Drainage Fund Commercial Rate Adjustments With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:54 p.m. on Tuesday, October 14, 2008. Call to Order and Announce a Ouorum is Present With a quornm of the Councihnembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7:03 p.m. on Tuesday, October 14, 2008, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 14, 2008 PAGE Christina Panek, 1121 Nick Circle, Allen, Texas, spoke regarding the restrictions on planting cool weather grasses. Council requested staff present this for discussion at a future workshop meeting of the City Council. 2. Presentation of a Proclamation by the Office of the Mayor: • Presentation of a Proclamation to Representatives of the Allen Chamber of Commerce Proclaiming October 20.24, 2008, as Allen Chamber of Commerce Week 3. Briefing by Members of the 'Friends of the Library' Regarding their Annual Membership Drive — Chocolate Friendjr. 4. Present Plaques -of -Appreciation to Former Members of the Various Boards and Commissions. Cheryl Lawson, Parks & Recreation Board, 2003-2008 Jo Long, Library Board, 2000-2008 Ruth Pringle, Library Board, 2000-2008 5. Cheryl Lawson, Chair, Presented the Parks and Recreation Board's Annual Report to the City Council. 1 Consent Agenda MOTION: Upon a motion made by Councilmember Obenneyer and a second by Coancilmember Herald, the Council voted six (6) for and none (0) opposed to adopt the items on the Consent Agenda as follows: Approve Minutes of the September 23, 2008, Regular Meeting. Adopt a Resolution Denying Oncor Electric Delivery Company's Request to Increase Electric Transmission and Distribution Rates. RESOLUTION NO. 2777-10-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FINDING THAT ONCOR ELECTRIC COMPANY'S REQUESTED INCREASES TO ITS ELECTRIC TRANSMISSION AND DISTRIBUTION RATES AND CHARGES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. 8. Adopt a Resolution Requesting the Removal of Greenville Avenue (SH 5) from the Texas Department of Transportation Highway System from Exchange Parkway through the Northern City Limit Line at Stacy Road. RESOLUTION NO. 2778.10-08fR): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS, REQUESTING THE REMOVAL OF GREENVILLE AVENUE (SH 5) FROM THE TEXAS HIGHWAY SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. 9. Adopt a Resolution Authorizing the City Manager to Determine the Necessity for Acquisition of Right -of -Way, Easements, and Improvements for Construction of Chaparral Bridge and Roadway Improvements from Persimmon Court to Brook Ridge Avenue, and Authorize the City Manager and City Attorney to File Proceedings in Eminent Domain to Acquire Such Property, if Necessary. RESOLUTION NO. 2779-10-OS(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF RIGHT-OF-WAY, SLOPE EASEMENTS, DRAINAGE EASEMENTS, AND ALL ATTACHED IMPROVEMENTS FOR THE EXTENSION OF CHAPARRAL ROAD AS DESCRIBED IN THE EXHIBITS ATTACHED HERETO, WITHIN THE CITIES OF ALLEN, PARKER, AND PL.ANO, COLLIN COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE EASEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 10. Adopt a Resolution Designating Investment Officers of the City of Allen RESOLUTION NO. 27WI0418(8): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING INVESTMENT OFFICERS OF THE CITY AND AUTHORIZING THESE INDIVIDUALS TO INVEST, TRANSFER, WITHDRAW, DEPOSIT, GIVE INSTRUCTIONS ON BEHALF OF THE ORGANIZATION, OR MANAGE FUNDS FOR THE CITY OF ALLEN; AND PROVIDING AN EFFECTIVE DATE. 1 Il. Authorize the City Manager to Execute a Bank Depository Agreement Designating The American National Bank of Texas as the City Bank Depository and Adopt a Resolution Designating City Representatives to Execute AB Related Bank Depository Documents. RESOLUTION NO. 2781-10-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING CITY REPRESENTATIVES FOR THE BANK DEPOSITORY; AND PROVIDING AN EFFECTIVE DATE. 12. Authorize the City Manager to Purchase Twenty-seven Replacement Vehicles for Various Departments through the State of Texas and the Houstoo-Galveston Area Council of Governments' Contractors: Philpott Motors for an Amount of $305,89037; Dallas Dodge for an Amount of $206,379; Frazer (through Freeway Ford) for an Amount of $148,975; Holiday Chevrolet for an Amount of $81,219.03; and Pursuit Safety, Inc. for an Amount of $12,639.50 with the Total Amount not to Exceed $755,102.90. 13. Approve the Assignment of the Second Amended and Restated Tax Abatement Agreement by and Among the City of Alen, Collin County, Cohn County College District and SCI Allen Hotel Ltd., a Texas Limited Partnership to Apple Nine SPE Alen, Inc., a Virginia Corporation and the Assignment of the Third Amended and Restated Allen Civic Center Development and Lease Agreement between the City and SCI Allen Hotel Ltd., a Texas Limited Partnership to Apple Nine SPE Alen, Inc., a Virginia Corporation and Authorize the City Manager to Execute the Assignments on Behalf of the City and Any Other Documents or Instruments Related to Any Agreements between the City and SCI Allen Hotel Ltd., a Texas Limited Partnership Necessary to Effect the Purchase of the Property by Apple Nine SPE Alen, Inc. The motion tamed. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 14, 2008 1 14. Items of Interest. PAGE Councilmember McGregor requested that the Ducks Unlimited Banquet he listed on the next Council Agenda under Items of Interest. 15. Calendar. • October 20 — Chocolate Friendzy hosted by the Friends of the Library • October 29-31 Event Center Sales Expo hosted by Global Entertainment • November 1 — Allen Recycles Day Executive Session The Executive Session was not held. 16. Reconvene and Consider Action on Items Discussed during Executive Session. Adiouro MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Caplinger, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7:27 p.m. on Tuesday, October 14, 2008. The motion carried. 1 These minutes approved on the 281h day of October, 2008. APPR D: Stephen erreq MAYOR ATTEST: Shelley B. Georg C, CITY SECRETARY