Min - 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
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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
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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
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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
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ALLEN CITY COUNCIL
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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
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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