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HomeMy WebLinkAboutMin - City Council - 2006 - 05/09 - RegularL ALLEN CITY COUNCIL REGULAR MEETING MAY 9, 2006 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco (left at s 30 p.m) Susan Bartlemay Jeff McGregor City Statf: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete Smith, City Attorney Workshoo Session With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:18 p.m. on Tuesday, May 9, 2006, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas Items discussed in the workshop included: • Presentation Regarding US 75 Collin County Corridor Funding • Briefing Regarding the Recently Completed Water and Sewer Rate Study With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:07 p.m, on Tuesday, May 9, 2006. 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 7:12 p.m, on Tuesday, May 9, 2006, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Alleeiance Public Recoenition 1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING MAY 9, 2006 PAGE Victoria Sublette, 1012 Great Basin Court, Allen, Texas, commended Mayor Pro Tem Kenneth Fulk for his service as a member of the Allen City Council and to the Allen community. 2. Recognition of Eagle Scouts for their Efforts Focusing on Beautification or Environmental Awareness Projects Benefiting the City of Allen and Presentation of Certificates-of- Appreciation ertificates-o4Appreciation by the Keep Allen Beautiful Board. • Jonathan D. Harrott, Troop 837, upgraded 150 Bald Cypress Trees from 3 to 10 gallon containers and weeded over one hundred fifty 3 to 5 gallon trees for the KAB Trees for Allen program at the Rowlett Water Tower Temporary Tree Farm on August 13, 2005. • Jordan Johnson, Troop 1177, helped nine senior citizens plus ACO with landscape projects on November 5, 2005. • Charlie Wiggins, Troop 306, replaced 57 mitigation trees, pulled dead ones, and mulched and watered at the Allen Station tree mitigation site. • Ryan Goff, Troop 1299, planted 300 tree saplings at the tree farm. • Kevin Lovett, Troop 306, helped with the "Tree Giveaway" as well as planting over 400 tree seedlings. • Kevin Beardsley, Troop 79, worked on the West Cottonwood Creek Natural Trail restoration project, helping to restore existing trail, brush small trees and vegetation, and repair existing shallow water bridges 3. Presentation of Proclamations by the Office of the Mayor: Presentation of a Proclamation to Kelly McGuire from the American Cancer Society, Proclaiming May 2006 as "Relayfor Life Month." • Presentation of a Proclamation to Sergeant Thomason from the Allen Police Department, Proclaiming May 22 — June 4, 2006, as "Click It or Ticket Weeks." • Presentation of a Proclamation to Bret McCullough, Building Official from the Allen Building and Code Department, Proclaiming May 15 —19, 2006, as "Building Safety Week" • Presentation of a Proclamation to Steve Massey, Community Services Director, and John Baumgartner, Engineering Director, Proclaiming May 21 — 27, 2006, as "Public Works Week" 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 April 25, 2006, Regular Meeting. 5. Resolution Suspending the Atmos' 2005 GRIP Rate Adjustment. RESOLUTION NO. 2516-5-06(R): A RESOLUTION BY THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUSPENDING THE MAY 30, 2006, EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION, TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2005; AUTHORIZING PARTICIPATION WITH THE GAS STANDING STEERING COMMITTEE IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS AND ALLEN CITY COUNCIL REGULAR MEETING MAY 9, 2006 PAGE REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. 6. Adopt a Resolution Authorizing the City Manager to Execute a License Agreement with the Dallas Area Rapid Transit (DART) for the Installation of a 21 -inch Drainage Pipe in Association with the Cornerstone Crossing (Phase 2) Development. RESOLUTION NO. 2517-5-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING A LICENSE AGREEMENT WITH THE DALLAS AREA RAPID TRANSIT (DART) FOR THE INSTALLATION OF A 21 -INCH DRAINAGE PIPE ACROSS DART ROW IN ASSOCIATION WITH THE CORNERSTONE CROSSING (PHASE 2) DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LICENSE AGREEMENT; AND PROVIDING AN EFFCTIVE DATE. 7. Motion to Cancel the May 23, 2006, Regular Meeting. 8. Motion to Set the Canvass of the May 13, 2006, General Election at 5:30 p.m. on May 23, 2006. 9. Authorize the City Manager to Execute a Professional Services Contract with BW2 Engineers, Inc. for an Amount not to Exceed $36,000 in Connection with the Design of Sewer Line Repairs along Jupiter Road, from Main Street to Cottonwood Creek, and Establish a Preliminary Project Budget of $450,000. 10. Authorize the City Manager to Execute a Contract with Durable Specialties, Inc. for Traffic Signal Installation at the Intersection of Hedgcoxe Road and Duchess Drive for an Amount of $87,900 and Increase the Total Project Budget to $132,011. 11. Authorize the City Manager to Execute a Facilities Agreement for Shallowater Bridge in Twin Creeks with Hillwood Development Company Ltd. with Regard to the Construction of Shallowater Bridge in Twin Creeks and Establish a Project Budget of $180,000. 12. Approve an Installment Payment Plan Agreement between Inter -Commercial Business Systems, Inc. (ICBS) and Thomas M. Lacey in Reinvestment Zone #13. 13. Authorize the City Manager to Execute a One-year Contract with Four One-year options to Renew, Under the Same Terms and Conditions, with Byong C. So d/b/a Waterfalls Car Wash and Lube Center (Primary) Goodyear Auto Service (Secondary) for Oil, Lube and State Inspection Services for Fleet Vehicles, for an Amount Not to Exceed $30,000. 14. Authorize the City Manager to Execute a One-year Contract with Atlantis Services (Primary Bidder) to Provide HVAC On-call Repair Services; and to Enviro Engineering (Primary Bidder) to Provide Preventive Monthly Maintenance Services Contract for Various City Facilities with Four One-year Options to Renew under the Same Terms and Conditions; and Designate Berger Engineering as the (Secondary) Bidder for On-call Services and Gulf Energy Systems as the (Secondary) Bidder for Preventive Maintenance Services. ALLEN CITY COUNCIL REGULAR MEETING MAY 9, 2006 PAGE 4 15. Authorize the City Manager to Execute a One-year contract with Verizon Wireless for Wireless Data Service for an amount of $34,560. 16. Receive Financial Report for the Period Ending March 31, 2006. 17. Receive Investment Report for the Period Ending March 31, 2006. The motion carried. 18. TABLED ITEM: Adopt an Ordinance Amending PD Planned Development No. 54, on 6.04561 Acres of Land Located Northeast of McDermott Drive and Lakeway Drive, to Amend the Concept Site Plan for an Office Development, to Reduce the 100 foot Building Setbacks to 50 feet Based on the Proposed Concept Plan, to Provide for Three Monument Signs, One at Each Entrance, and to Require One Surface Handicap Parking Spot in Front of Each Building and One for Each Building Underground. MOTION: Upon a motion by Councilmember Bartlemay and a second by Councilmember Stout, the Council voted seven (7) for and none (0) against to remove this item from the table. Mayor Terrell read into the minutes the names of the following individuals who wished to record their opposition to the request: David Rutkoske, 10 Wooded Lane, Allen, Texas Gary Cannon, 1839 San Leanna Drive, Allen, Texas Don Waldron, 1867 San Leanna Drive, Allen, Texas Irene Moss, 1 I Wooded Lane, Allen, Texas MOTION: A motion was made by Councilmember Bartlemay to table this item after the proponent stepped out of the Council Chambers. Upon his return to the Chambers, Councilmember Bartlemay withdrew her motion. MOTION: Upon a motion by Councilmember Pacheco and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) against to table this item to the lune 13, 2006, Council meeting. The motion carried. Councilmember Pacheco left the Council bench. 19. Approve a Contract Amendment with Community Waste Disposal (CWD) to add a Contract Provision to Establish a Variable Fuel Adjustment Fee that is based on Diesel Fuel Costs, MOTION: Upon a motion by Councilmember McGregor and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) against to approve a contract amendment with Community Waste Disposal to add a contract provision to establish a Variable Fuel Adjustment Fee that is based on diesel fuel costs. The motion Gamed. 20. Adopt a Resolution that Adjusts the Rates and Fees for Commercial and Residential Solid Waste Services. ALLEN CITY COUNCIL REGULAR MEETING MAY 9, 2006 PAGE 1 RESOLUTION NO. 2518-5-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES AND RATES FOR RESIDENTIAL SOLID WASTE AND HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. MOTION: Upon a motion by Mayor Pro Tem Fulk and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) against to adopt Resolution No. 2518-5-06(R), as previously captioned, adjusting the rates and fees for commercial solid waste and recycling services. The motion carred. 21. Adopt an Ordinance Establishing the North Texas Municipal Water District Model Drought Contingency Plan as the City of Allen's Drought Contingency Plan. ORDINANCE NO. 2519-5-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REPEALING ORDINANCE NO. 2333-9-04 IN ITS ENTIRETY; REPEALING SECTION 6 OF ORDINANCE 2499-3-06; AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES BY AMENDING SECTION 14-15 THROUGH 14-16 TO ESTABLISH A NEW DROUGHT CONTINGENCY PLAN FOR THE CITY OF ALLEN; ADOPTING THE NORTH TEXAS MUNICIPAL WATER DISTRICT DROUGHT CONTINGENCY PLAN; ESTABLISHING PROCEDURES AND CRITERIA FOR DECLARING A WATER EMERGENCY AND IMPLEMENTING AND TERMINATING THE DROUGHT RESPONSE STAGES AND ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM 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 by Councilmember Stout and a second by Councilmember McGregor, the Council voted six (6) for and none (0) against to adopt Ordinance No. 2519-5-06, as previously captioned, establishing the NTMWD Model Drought Contingency Plan as the City of Allen's Drought Contingency Plan. The motion carried. 22. Adopt a Resolution Establishing a 25% Rate Surcharge on all Residential Water Use Over 10,000 Gallons and on all Irrigation Only Accounts Effective on June 1, 2006, and Effective for Billing Purposes on July, 1, 2006. RESOLUTION NO. 2520-5-06(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING WATER VOLUMETRIC CHARGES FOR A PERIOD OF CONSTRAINED WATER SUPPLY; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion by Councilmember Bartlemay and a second by Mayor Pro Tem Fulk, the Council voted six (6) for and none (0) against to adopt Resolution No. 2520-5-06(R), as previously captioned, establishing a 25% rate surcharge on all residential water use over 10,000 gallons and on all irrigation only accounts effective on June 1, 2006, and effective for billing purposes on July 1, 2006. The motion carred. ALLEN CITY COUNCIL REGULAR MEETING MAY 9, 2006 PAGE 6 MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor, the Council voted six (6) for and none opposed that nominations cease and that the slate of individuals previously nominated by the Council Nominating Committee be appointed by acclamation to the designated places on the Public Art Committee. The motion carried. 24. Calendar • May 13 — General City Election May 13 —Public Safety Softball Tournament May 22 — Summer Sounds Concert Featuring the CrawlDaddys June 5 — WFAA Family First Day in Allen 25. Items of Interest Executive Session 26. 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 Obermeyer, the Council voted six (6) for and none (0) opposed to adjourn the Regular Session of the Allen City Council at 9:16 p.m. on Tuesday, May 9, 2006. The motion carried. These minutes approved on the 13' day of June, 2006. APP Q Stephen Terrell, MAYOR ATTEST: 6 Shelley B. George, TRMC, CITY M CRETARY 23. Appointment of Individuals to the Designated Places the Public Art Committee. on Public Art Committee Appointee Expiration Date Place No. 1 Chnsta Krais September 30, 2007 Place No. 2 David Baldwin September 30, 2008 Place No. 3 Ann Carroll September 30, 2007 Place No. 4 Jane Bennett September 30, 2008 Place No. 5 Lesley Wiarda September 30, 2007 Place No. 6 Donna Niewold September 30, 2008 Place No. 7 Denise Gilbert September 30, 2007 MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor, the Council voted six (6) for and none opposed that nominations cease and that the slate of individuals previously nominated by the Council Nominating Committee be appointed by acclamation to the designated places on the Public Art Committee. The motion carried. 24. Calendar • May 13 — General City Election May 13 —Public Safety Softball Tournament May 22 — Summer Sounds Concert Featuring the CrawlDaddys June 5 — WFAA Family First Day in Allen 25. Items of Interest Executive Session 26. 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 Obermeyer, the Council voted six (6) for and none (0) opposed to adjourn the Regular Session of the Allen City Council at 9:16 p.m. on Tuesday, May 9, 2006. The motion carried. These minutes approved on the 13' day of June, 2006. APP Q Stephen Terrell, MAYOR ATTEST: 6 Shelley B. George, TRMC, CITY M CRETARY