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Home My WebLink AboutMin - City Council - 2003 - 06/10 - RegularP ALLEN CITY COUNCIL REGULAR MEETING JUNE 10, 2003 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obemreyer Mark Pacheco Susan Bartlemay Jeff McGregor City Statf: Peter H Vargas, City Manager Shell, Siemer, Assistant City Manager Shelley B. George, City Secretary Peter G. Smith, Attorney 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 7:14 p.m on Tuesday, June 10, 2003, in the Council Chambers of the Allen City Hall, Allen Cmc Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: • Review of the Proposed Rental Policy and Fee Schedule for the Allen Heritage Center Pledge of Allegiance 1. Administer Oath -of -Office and Present Certificate of Election to Newly Elected Councilmember Mark Pacheco. City Secretary Shelley B. George administered the Oath -of -Office to newly elected Councilmember Mark Pacheco, Place No. 3. Mayor Terrell presented the Certificate of Election to Councilmember Pacheco and offered congratulations to him. Councilmember Pacheco took his place at the Council bench. 2. Election of Mayor Pro Tem. Councilmember Obermeyer nominated Mayor Pro Tem Fulk for the designated place of Mayor Pro ALLEN CITY COUNCIL REGULAR MEETING JUNE 10, 2003 PAGE 2 Tem. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed that nominations cease and that Kenneth Falk be re-elected to the designated place of Mayor Pro Tem on the Allen City Council. The motion carred. Public Recognition 3. Citizens' Comments. • Presentation by Chris Ishmal, President of Leadership Allen Class XN, Regarding the Class' Proposed Project—Developing a Volunteer Opportunity Website. Consent Agenda MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as follows' 4. Approve Minutes of the May 27, 2003, Regular Meeting. 5. Approve Minutes of the June 3, 2003, Special Called Meeting to Canvass Election. 6. Adopt an Ordinance Extending the Franchise to Oncor Electric for Operating and Maintaining their Electric Distribution System in the City of Allen. ORDINANCE NO. 2174-6-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, EXTENDING UNTIL JANUARY 30, 2004, THE FRANCHISE GRANTED TO ONCOR ELECTRIC DELIVERY COMPANY (FORMERLY TEXAS POWER & LIGHT) TO OWN, OPERATE, AND MAINTAIN AN ELECTRIC DISTRIBUTION SYSTEM IN THE CITY OF ALLEN; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABHTPY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 7. Adapt a Resolution Authorizing the Suspension of the Effective Date of TXU Gas Distribution's Requested Rate Change. RESOLUTION NO. 2175-6-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUSPENDING THE EFFECTIVE DATE OF TXU GAS DISTRIBUTION'S REQUESTED RATE CHANGES TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE TXU GAS DISTRIBUTION SYSTEM TO CREATE A STEERING COMMITTEE TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES, AUTHORIZING INTERVENTION IN THE PROCEEDING AT THE RAILROAD COMMISSION; AND PROVIDING AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING JUNE 10, 2003 PAGE 3 8. Authorize Execution of a Real Estate Sales Contract with Mr. Brian Foust for the Purchase of Right -of -Way for the Construction of St. Mary Drive. Council authorized the City Manager to execute a real estate sales contract for the right-of-way for the St. Mary Drive construction project with Mr. Brian Jordan Foust for an amount not to exceed $90,000 plus closing costs. 9. Award Bid and Authorize Execution of a Construction Contract with Durable Specialties, Inc. Council authorized the City Manager to execute a construction contract with Durable Specialties, Inc., the lowest and best bidder, for the Installation of the Greenville Avenue Streetlights for an amount not to exceed $263,500. The motion carred. Reeuiar Aeenda 10. Adopt an Ordinance Prohibiting Smoking in Public Areas of Businesses except in Designated Smoking Areas. Ms. Anne Harding, 8900 Carpenter Freeway, Dallas, Texas, spoke on behalf of the American Cancer Society She encouraged the Council to adopt a stronger ordinance requiring restaurants to change the way they currently operate. The American Cancer Society encourages 100% smoke-free restaurants. ORDINANCE NO. 2176-6-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 10 TO ADD ARTICLE III TO PROVIDE SMOKING REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION; Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 2176-6-03 as previously captioned, with the addition of the following language to Section 10-33(a)(8) "except as provided in Section 10-35(a)." The motion carred. 11. Conduct a Public Hearing and Adopt an Ordinance Changing the Allen Land Development Code, Appendix A, Definitions, by Amending the Definition for `Structure'. 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. 2177-6-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN CITY COUNCIL REGULAR MEETING JUNE 10, 2003 PAGE ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY AMENDING APPENDIX "A," DEFINITIONS AND ARTICLE VII, SECTION 7.07 FENCES & WALLS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Folk and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 2177-6-03 as previously captioned, with the deletion of the word -commercial." The motion carred. 12. Adopt a Resolution Establishing Rates and Fees for Solid Waste Collection and Recycling Services. RESOLUTION NO. 2178-6-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES AND RATES FOR SOLID WASTE COLLECTION SERVICES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 2178-6-03(R) as previously captioned. The motion carred. Other Business. 13. Calendar. • lune 14 — 2nd Annual Wild Water Rodeo at Don Rodenbaugh Natatorium • June 16 and 23 - Summer Sounds • June 28 - Allen USA Spectacular at Celebration Park 14. Items of Interest. Executive Session The Executive Session was not held 15. 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 8:33 p.m. on Tuesday, June 10, 2003. The motion carred. ALLEN CITY COUNCIL REGULAR MEETING NNE 10, 2003 IThese minutes approved on the 241° day of June, 2003. APPROVED: Stephen Terrell, MAYOR ATTEST: S Shelley B. George, RMC, CITY'SECRETARY PAGE 5