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Home My WebLink AboutMin - City Council - 2006 - 03/14 - RegularALLEN CITY COUNCIL REGULAR MEETING MARCH 14, 2006 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Falk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay (arrived at 6:30 p.m.) Jeff McGregor City Staf(: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete 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 Mayor Terrell at 6:15 p.m. on Tuesday, March 14, 2006, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included: • Introduction of Lon Braselton, Chair of the Animal Shelter Advisory Committee • Discussion Regarding Appointments to the Tax Increment Finance Board • Discussion with the Arts Alliance Regarding the Future of the Arts in Allen With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:46 p m. on Tuesday, March 14, 2006. 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 7:03 p.m. on Tuesday, March 14, 2006, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee ofAlleeiance } Public Recoitnition Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING MARCH 14, 2006 PAGE 2 1 2. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Kathy McGuire, Local Representative of the Collin County South Chapter of the American Cancer Society, Proclaiming the Month of March as Colorectal Cancer Awareness Month. • Presentation of a Proclamation to Members of the Keep Allen Beautiful Board and Representatives of the City of Allen Community Services Department, Proclaiming the Month of March as Adopt -A -Highway Month Animal Shelter Advisory Committee's Annual Report to the City Council. Consent Aeenda 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 approve and adopt the consent agenda as follows: 4. Approve Minutes of the February 28, 2006, Regular Meeting. 5. Adopt a Resolution Appointing the Tax Increment Finance (TIF) Board of Directors for Tax Increment Financing Reinvestment Zone Number One (Garden District). RESOLUTION NO. 2494-3-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE INITIAL BOARD OF DIRECTORS OF THE ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 1; AND PROVIDING FOR AN EFFECTIVE DATE. 6. Authorize the City Manager to Execute a Contract Amendment with Community Waste Disposal (CWD) to Provide for Every -other -week Residential Recycling and Adopt a Resolution Amending Resolution No. 2291-5-04(R) to Add $0.16 per Month to the CWD Payment for Basic Residential Waste Services and to Add $0.16 per Month to CWD's Payment for Each Additional Recycling Cart. RESOLUTION NO. 2495-3-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING RESOLUTION NO. 2413-6-05(R) TO ESTABLISH NEW FEES AND RATES FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICES, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. 7. Authorize the City Manager to Execute Three-year Contracts to Provide All Labor Materials and Equipment for Mowing Maintenance Services for Medians, Greenbelts, Municipal Properties, and Parks with Estimated Annual Expenditures to TruGreen Landcare for $214,815.45; Bruce Landscaping and Maintenance, Inc. for $79,886.40; Martin Property Maintenance for $68,249; Blade Turners for $53,939; and Cardinal Home & Lawn Care for $28,135.50 for a total of $445,026.35. 8. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Cooperation Agreement by and between Desoto, Texas and the City of Allen for Cooperative Purchasing. ALLEN CITY COUNCIL REGULAR MEETING MARCH 14, 2006 PAGE RESOLUTION NO. 2496-3-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN INTERLOCAL COOPERATION PURCHASING AGREEMENT BETWEEN CITY OF ALLEN AND CITY OF DESOTO; AND PROVIDING FOR AN EFFECTIVE DATE. The motion carried. 9. Conduct a Public Hearing and Adopt an Ordinance Approving the Use of a Portion of Allen Station Park and the Don Rodenbaugh Natatorium for a Water Transmission Pipeline Easement and a Temporary Construction Easement. 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. 2497-3-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, MAKING LEGISLATIVE FINDINGS OF FACT AND CONCLUSIONS, APPROVING THE USE OF A PORTION OF ALLEN STATION PARK AND THE DON RODENBAUGH NATATORIUM FOR A WATER TRANSMISSION PIPELINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT, AND PROVIDING AN EFFECTIVE DATE MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2497-3-06 as previously captioned, approving the use of a portion of Allen Station Park and the Don Rodenbaugh Natatorium for a water transmission pipeline easement and a temporary construction easement. The motion carried. 10. Conduct a Public Hearing and Adopt an Ordinance Approving the Request for Specific Use Permit No. 101 for a Helistop, on a Portion of PD Planned Development No. 45 for CC Corridor Commercial on Property Located at Presbyterian Hospital of Allen. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. Mark Jones, Administrative Director for Presbyterian Hospital of Allen, 1105 Central Expressway North, Suite 100, Allen, Texas 75013, spoke in favor of this item. With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2498-3-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING TO GRANT SPECIFIC USE PERMIT NO 101 FOR A HELISTOP FOR PROPERTY ZONED "PD" PLANNED DEVELOPMENT NO. 45 FOR CORRIDOR ALLEN CITY COUNCIL REGULAR MEETING MARCH 14, 2006 PAGE COMMERCIAL BEING 17.0090+ ACRES IN THE JOHN FYKES SURVEY, ABSTRACT NO. 325 AND THE L.K. PEGUES SURVEY, ABSTRACT NO. 702, BEING LOT 1, BLOCK A, PHS AMBULATORY CARE CENTER, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR A SITE PLAN ATTACHED AS EXHIBIT "B'; PROVIDING FOR A FLIGHT PLAN ATTACHED AS EXHIBIT "C"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS 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 Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2498-3-06 as previously captioned, approving the request for Specific Use Permit No. 101 for a helistop, on a portion of PD Planned Development No. 45 for CC Corridor Commercial on property located at Presbyterian Hospital of Allen. The motion carried. 11. Adopt an Ordinance Amending Chapter 14, of the Code of Ordinances by Requiring Utility Customers to Provide Proof of Identity and Residency; Providing that Future Water and Sewer Rate Changes Will be Set by Council Resolution; Updating Provisions Related to the Placement and Reading of Water Consumption from City Fire Hydrant Water Meters; Prohibiting the Concealment of City Water System Components; Prohibiting the Interconnection of Water Systems Between Separately Metered Properties, and Adding Enforcement Responsibility Under Drought or Emergency Water Conditions. ORDINANCE NO. 2499-3-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 14 "UTILITIES" BY AMENDING SECTION 14-1 TO ADD SUBSECTION (e) TO REQUIRE PROOF OF IDENTIFICATION FOR UTILITY SERVICES, BY AMENDING SECTION 14-5 TO PROVIDE FOR MONTHLY MINIMUM WATER SERVICE CHARGES AND VOLUMETRIC CHARGES FOR PERIODS OF UNCONSTRAINED WATER SUPPLY AND FOR PERIODS OF CONSTRAINED WATER SUPPLY TO BE ESTABLISHED BY CITY COUNCIL RESOLUTION, BY AMENDING SECTION 14-6 TO PROVIDE THAT RATES FOR SANITARY SEWER CHARGES SHALL BE ESTABLISHED BY CITY COUNCIL RESOLUTION; BY AMENDING SECTION 14-9 BY AMENDING THE REGULATIONS FOR FIRE HYDRANT METERS, BY AMENDING SECTION 14-10 TO ADD SUBSECTION (c) TO PROHIBIT THE CONCEALMENT OF WATER FACILITIES, BY AMENDING SECTION 14-14 TO ADD SUBSECTION (b)(1)(e) TO REGULATE CROSS CONNECTIONS, BY AMENDING SECTION 14-16 TO PROVIDE FOR THE COMMUNITY SERVICES DIRECTOR OR DESIGNEE TO BE RESPONSIBLE FOR THE ENFORCEMENT OF THE DROUGHT CONTINGENCY PLAN FOR THE CITY OF ALLEN; PROVIDING FOR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) 1 FOR EACH OFFENSE; AND PROVIDING FOR 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 Ordinance No. 2499- 3-06 as previously captioned, Chapter 14, Utilities, of the Code of Ordinances by requiring ALLEN CITY COUNCIL REGULAR MEETING MARCH 14, 2006 PAGE utility customers to provide proof of identity and residency, providing that future water and sewer rate changes will be set by City Council resolution; updating provisions related to the placement and reading of water consumption from City fire hydrant water meters; prohibiting concealment of City water system components; prohibiting the interconnection of water systems between separately metered properties; and adding enforcement responsibility under drought or emergency water conditions The motion carried. 12. Adopt a Resolution Setting the Rates for Residential and Commercial Water and Sewer Services During Times of Unconstrained Water Supply and Setting Rates for Water Service for Periods of Constrained Water Supply in Drought and Emergency Water Supply Situations. RESOLUTION NO. 2500-3-06(1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING SANITARY SEWER CHARGES, WATER SERVICE CHARGES AND VOLUMETRIC CHARGES FOR PERIODS OF UNCONSTRAINED WATER SUPPLY AND FOR PERIODS OF CONSTRAINED WATER SUPPLY, PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2500-3-06(R) as previously captioned, setting rates for residential and commercial water and sewer services during times of unconstrained water supply and setting rates for water service for periods of I constrained water supply to drought and emergency water supply situations. The motion 1 carried. 13. Appointment of Individuals to Complete the Unexpired Terms for Place No. 6 of the Parks and Recreation Board and Place No. 5 of the Planning and Zoning Commission. MOTION: Upon the recommendation of the Council Nomination Committee, the Council voted seven (7) for and none (0) opposed to appoint the following individuals to complete the following unexpired terms: John Kelley to Place No. 6 of the Parks and Recreation Board and Steve Shaffer to Place No. 5 of the Planning and Zoning Commission, and to declare vacancies in Place No. 3 of the Board of Adjustment, Building and Standards Commission and Sign Control Board and Place No. 4 of the Keep Allen Beautiful Board. The motion carried. Other Business 14. Calendar. • March 17 — Last Day to Sign Up for "Trees for Allen' Program • March 20 — Community Development Corporation Town Hall Meeting • April 3 — TRIAD Meeting • April S — SpringFest • April 13 — Kickoff Meeting for Capital Improvements Program Committees 15. Items of Interest. Councilmember Obermeyer announced that his son-in-law, Captain Major, arrived home safely from his tour of duty in Afghanistan. ALLEN CITY COUNCIL REGULAR MEETING MARCH 14, 2006 PAGE ICouncilmember Stout announced that the Riwanis Circus will be in Allen the weekend of April 6-8. E Executive Session 16. Reconvene and Consider Action on Items Discussed during 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 seven (7) for and none (0) opposed to adjourn the Regular Session of the Allen City Council at 8:20 p.m. on Tuesday, March 14, 2006. The motion carried. These minutes approved on the 281h day of March, 2006. APPROVED: Stephefi, MAYOR ATTEST: Shelley B. Geo , TRMC, CITY SECRETARY