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HomeMy WebLinkAboutMin - City Council - 2004 - 09/14 - RegularALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 14, 2004 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemav (arrived at 6.18 p.m.) 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 65 Mayor Terrell at 6:14 p m. on Tuesday, September 14, 2004, in the Council Conference Room of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: Questions on Current Agenda Discussion Regarding Appointments to Fill Expiring Terms and Vacancies on the Various Boards, Commissions, and Corporations Briefing Regarding the North Texas Municipal Water District (NTMWD) Model Water Conservation Plan and Model Drought Contingency Plan Other Items With no further discussion, the Workshop Session of the Allen Citv Council was adjourned at 6.58 p.m. on Tuesday, September 14, 2004 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 7:06 p.m. on Tuesday, September 14, 2004, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 14, 2004 PAGE 2 IPledee of Allegiance Public Recognition 1. Citizens' Comments. Council recognized Boy Scout members from Troop 594 who were in attendance as part of the requirements for eammg citizenship and community merit badges. 2. Recognition of the Finance Department as the Recipient of the Government Finance Officers Association (GFOA) Distinguished Budget Aanrd jar the FY 1003-2004 Budget. 3. Recognition of the Planning and Development Department as the Recipient of the Certificate of Achievement jor Planning Excellence by the Texas Chapter of the American Planning Association. 4. Recognition of the Public Information Office as the Recipient of Twelve Texas Association of Telecommunications Officers and Advisors (TATOA) Awards. Consent Agenda MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as follows: 5. Approve Minutes of the August 24, 2004, Regular Meeting. 6. Adopt an Ordinance Amending Ordinance No. 1736-6-99 to Correct Scrivener's Errors to Correct Zoning District Classification, Development Standards, and Tract References. ORDINANCE NO. 2324-9-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 1736-6-99 AS HERETOFORE AMENDED, TO CORRECT SCRIVENER'S ERRORS RELATING TO THE ZONING DISTRICT CLASSIFICATION, DEVELOPMENT STANDARDS AND TRACT REFERENCES IN SAID ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE, AND PROVIDING FOR AN EFFECTIVE DATE. 7. Adopt a Resolution Declaring Tire Allen American as the Official Newspaper for Legal Publications for the City of Allen. RESOLUTION NO. 2325-9-04(R): A RESOLUTION OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE ALLEN AMERICAN THE OFFICIAL NEWSPAPER OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR FISCAL YEAR 2004-2005; AUTHORIZING THE CITY SECRETARY TO CONTRACT WITH THE ALLEN AMERICAN; AND PROVIDING AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 14, 2004 PAGE 3 8. Adopt a Resolution Suspending CoSery Gas Ltd.'s Application to Increase Gas Rates. RESOLUTION NO. 2326-9-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUSPENDING THE EFFECTIVE DATE OF COSERV GAS LTD'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 COSERV SYSTEM 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; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY, AND PROVIDING AN EFFECTIVE DATE. 9. Award Bid and Authorize Execution of a Contract with Burson Utilities, Inc. for Construction of the Rowlett Creek East Tributary Diversion Pipeline for an Amount not to exceed $546,933. Council authorized the City Manager to execute the contract. 10. Authorize Execution of an Annual Contract with Greensmith's Inc. for the Purchase and Delivery of Lawn and Landscaping Fertilizer for an Estimated Annual Amount of $69,180 with Two One -Year Options to Renew under the Same Contract Terms and Conditions. Council authorized the City Manager to execute the contract. 11. Accept the Certification of Anticipated Tax Collection Rate for the 2004-2005 Taxable Year; the Certification of Excess Debt Collections of the Taxable Year 2003-2004; and the 2004 Appraisal Roll. 12. Accept the Resignation of Milt Haws, Place No. 3 of the Allen Arts Alliance and Declare a Vacancy. The motion carried Regular Agenda 13. Accept the Best Bid Related to the Sale of the City of Allen, Texas, Combination Tax and Golf Course Revenue Certificates of Obligation, Series 2004-A and Adopt an Ordinance Authorizing the Issuance of Such Certificates of Obligation in the Amount of $4,735,000. ORDINANCE NO. 2327-9-04: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF ALLEN, TEXAS, COMBINATION TAX AND GOLF COURSE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2004-A", SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES, PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S GOLF COURSE FACILITIES; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 14, 2004 PAGE AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to accept the best bid from BOSC. Inc. and adopt Ordinance No. 2327-9-04 as previously captioned. The motion carried. 14. Accept the Best Bid Related to the Sale of the City of Allen, Texas, Combination Tax and Golf Course Revenue Certificates of Obligation, Taxable Series 2004-B and Adopt an Ordinance Authorizing the Issuance of Such Certificates of Obligation in the Amount of $765,000. ORDINANCE NO. 2328-9-04: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF ALLEN, TEXAS, COMBINATION TAX AND GOLF COURSE REVENUE CERTIFICATES OF OBLIGATION, TAXABLE SERIES 2004-B", SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES, PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S GOLF COURSE FACILITIES, AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT, AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Fulk, the Council voted seven (7) for and none (0) opposed to accept the best bid from Bernardi Securities, Inc. and adopt Ordinance No. 2328-9-04 as previously captioned The motion carried. 15. Adopt an Ordinance Approving and Adopting the Budget for the Fiscal Year Beginning October 1, 2004, and Ending September 30, 2005, and Appropriating the Various Amounts Required for Such Budget. ORDINANCE NO. 2329-9-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1. 2004 AND ENDING SEPTEMBER 30,2005; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET, PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR 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 (0) opposed to adopt Ordinance No. 2329-9-04 as previously captioned. The motion carried. 16. Adopt an Ordinance Setting the Tax Rate of $0.560 per $100 Valuation of Property Tax for the Fiscal Year Beginning October 1, 2004, and Ending September 30, 2005. ORDINANCE NO. 2330-9-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING THE TAX RATE AND LEVYING THE AD ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 14, 2004 PAGES VALOREM TAXES FOR THE FISCAL YEAR 2004-2005 TO PROVIDE REVENUE FOR THE PAYMENT OF CURRENT EXPENDITURES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember McGregor and a second by Mayor Pro Tem Falk, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2330-9-04 as previously captioned. The motion carried 17. Adopt a Resolution Amending the Code of Ordinances, Appendix C, Fee Schedule, Setting New Rates for Residential and Commercial Water and Sewer Services. RESOLUTION NO. 2331-9-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE FEE SCHEDULE FOR SANITARY SEWER CHARGES AND WATER SERVICE CHARGES, WHICH IS CONTAINED IN APPENDIX C OF THE CODE OF ORDINANCES, PROVIDING A SEVERABILITY CLAUSE: PROVIDING A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Pacheco, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2331-9-04(R) as previously captioned. The motion carried. 18. Adopt an Ordinance Establishing the North Texas Municipal Water District (NTMWD) Model Water Conservation Plan as the City of Allen's Water Conservation Plan and Supplement the Plan with City -Specific Provisions. ORDINANCE NO. 2332-9-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A WATER CONSERVATION PLAN FOR THE CITY OF ALLEN TO PROMOTE RESPONSIBLE USE OF WATER: 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. MOTION: Upon a motion made by Mayor Pro Tem Falk and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2332-9-04 as previously captioned. The motion carried 19. Adopt an Ordinance Establishing the North Texas Municipal Water District (NTMWD) Model Drought Contingency Plan as the City of Allen's Drought Contingency Plan and Supplement the Plan with City -Specific Provisions. ORDINANCE NO. 2333-9-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES BY AMENDING SECTION 14-15 TO ESTABLISH A DROUGHT CONTINGENCY PLAN FOR THE CITY OF ALLEN TO PROMOTE RESPONSIBLE USE OF WATER AND ADOPTING THE NORTH TEXAS MUNICIPAL WATER DISTRICT DROUGHT CONTINGENCY PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 14, 2004 PAGE 6 OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; PROVIDING FOR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN; 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 (0) opposed to adopt Ordinance No. 2333-9-04 as previously captioned. The motion carried. Mayor Terrell moved to Agenda Item 22. 22. Calendar. • September 28– 4A/4B Training/Texas Economic Development Council/Arlington • October 5 –TRIAD Meeting/Gentry Training Facility/6.00 p.m. 23. Items of Interest. Council thanked staff for their efforts in planning the Celebrations for Carly Patterson. The regular session recessed at 8:22 p m. Executive Session In accordance with Texas Govemment Code, Legal, Section 551.071; Property, Section 551.072; Personnel, Section 551.074: Staff Presentations, Section 551.075; the Allen City Council convened into Executive Session at 8:40 p.m. on Tuesday, September 14, 2004, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: Personnel - Pursuant to Section 551 074 of the Texas Government Code to Consider Appointments to Quasi -Judicial City Boards. Commissions, and Corporations— Allen Community Development Corporation Allen Economic Development Corporation Board of Adjustment Budding & Standards Commission Planning and Zoning Commission The Executive Session adjourned at 9.45 p.m. on Tuesday, September 14, 2004. 24. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 9'46 p.m. on Tuesday, September 14, 2004, in the Council Chambers of the Allen City Hall. The following action was taken on items discussed during Executive Session: 20. Consider Appointments to Fill Expiring Terms and Vacancies on All City Boards, Commissions, and Corporations. I r ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 14, 2004 PAGE Councilmember Obermeyer nominated the following individuals as recommended by the Council Nominating Committee to the designated places on the Allen Animal Shelter Advisory Committee, Allen Community Development Corporation Board, Allen Economic Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and Recreation Board, and Health Officer, respectively Allen Animal Shelter Advisory Committee Expiration Date Place No. 2 Joey Allette September 30, 2006 Place No. 4 Bill Ameser September 30, 2006 Community Development Corporation Expiration Date Place No. 2 George Chrisman September 30, 2006 Place No. 4 Lori Stitt September 30, 2006 Place No. 6 Sue Johnson September 30, 2006 Economic Development Corporation Expiration Date Place No. 4 Maxine Sweet September 30, 2007 Place No. 5 Carl Clemencich September 30, 2007 Keep Allen Beautiful Expiration Date Place No.2 Ronald Wheless September 30, 2006 Place No. 6 Brian Casstevens September 30, 2006 Library Board Expiration Date Place No. 2 Donna Drews Various September 30, 2006 Place No. 4 Ruth Pringle September 30, 2006 Place No. 6 Jo Long September 30, 2006 Parks and Recreation Board Expiration Date Place No. 2 Mary Fritsche September 30, 2006 Place No.4 Todd McIntosh September 30, 2006 Place No. 6 Joey Herald September 30, 2006 Health Officer Expiration Date Dr John Connolly September 30, 2006 MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed that nominations cease and that the slate of individuals previously nominated be appointed by acclamation to the designated places on the Allen Animal Shelter Advison Committee, Allen Community Development Corporation Board, Allen Economic Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and Recreation Board, and Health Officer, respectively The motion carried. 21. Motion to Appoint an Allen Representative to the Board of Directors for the Arts of Collin County Commission. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 14, 2004 PAGE MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember Obermayer, the Council voted seven (7) for and none (0) opposed that David Sterling be appointed by acclamation to complete the unexpired term in the position of the Allen Representative to the Board of Directors of the Arts of Collin County Commission and set a term expiration date of September 30, 2007 The motion carried. Adjourn 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 949 p.m. on Tuesday, September 14, 2004. The motion carried. These minutes approved on the 28'0 day of September, 2004. APPROVED: Stephen Terrell, MAYOR ATTEST: Shelley B. George, TRMC, CITY SECRETARY