Min - City Council - 2005 - 09/27 - RegularALLEN CITY COUNCIL
REGULAR MEETING
��� SEPTEMBER 27, 2005
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Falk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney
Workshop Session
The Workshop Session was not held.
Call to Order and Announce a Quorum is Present
With a quorum of the Councdmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:10 p.m. on Tuesday, September 27, 2005, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
Public Recognition
1. Citizens' Comments.
2. Recognition of the Public and Media Relations Office as Recipients of the TATOA, NATOA,
and 3CMA Awards,
TATOA Awards:
� Overall Excellence in Government Programming— (Is[ Place) Allen City Teleoisron (ACTV--/S)
Documentary -Social Issues/Profiles— (Ist Place) "The Ta/es gfAllen. Allen Telephone Company"
(2nd Place)"The Tales of Allen: Interurban Railway"
Education/Instruction/Training— (1st Place)"Single Stream Recvclmg. The Blind Date"
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2005
PAGE
Magazine Show — (1st Place) "Access Allen"
Profile of a City or City Department— )1st Place) "Single Stream Recycling. Tire Blind Date"
(2nd Place) "2003 - 2004: The Year In Review)
Bulletin Board — (3rd Place) "ACTV-15 Bulletin Board"
NATOA Awards:
Public Education Category with operating budget of $100,000 to $250,000:
"Single Stream Recycling The Blind Date"
Magazine Format Series with operation budget under $200,000: Access Allen
3CMA Awards:
2005 Saavy Award - Education and Training Category for cities with population up to 85,000:
"Single Stream Recycling The Blind Date
3. Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Craig Gillis, Fire Marshal/Assistant Fire Chief, Proclaiming
October 9-13, 2005, as Fire Prevention Reek.
• Presentation of a Proclamation to Robert Medigovich, Community Waste Disposal Municipal
Coordinator, Proclaiming October 2005 as Recvcling for Katrina Relief Month
Councilmember Pacheco removed Agenda Item 14. "Motion to Set Saturday, January 28, 2006, as the Date
for the City Council Strategic Planning Session." from the Consent Agenda
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 approve and adopt all remaining
items on the consent agenda as follows:
Approve Minutes of the September 13, 2005, Regular Meeting.
Adopt an Ordinance Approving the Abandonment of Portions of Allen Central Drive.
ORDINANCE NO. 2437-9-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN
ALLEN CENTRAL DRIVE BEGINNING AT THE EASTERN SIDE OF THE FLOODPLAIN TO
THE PROPOSED FUTURE EXTENSION TO US 75 AS DEPICTED IN EXHIBIT "A" AND
DESCRIBED IN EXHIBIT "B" ATTACHED HERETO, RESERVING ALL EXISTING
EASEMENT RIGHTS OF OTHERS, IF ANY, WHETHER APPARENT OR NON -APPARENT,
AERIAL, SURFACE, UNDERGROUND OR OTHERWISE; PROVIDING FOR THE
FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE
REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED,
PROVIDING FOR THE INDEMNIFICATION OF THE CITY OF ALLEN, TEXAS, AGAINST
DAMAGES ARISING OUT OF THE ABANDONMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE ABANDONMENT, AND
PROVIDING FOR AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2005 PAGE 3
6. Adopt a Resolution Nominating a Representative to the Board of Directors for the Central
Appraisal District of Collin County and Casting Votes for the Representative.
RESOLUTION NO. 2438-9-05(Rl: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, PLACING IN NOMINATION THE NAME OF GARY
RODENBAUGH FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE CENTRAL
APPRAISAL DISTRICT OF COLLIN COUNTY; CASTING BALLOTS FOR THE BOARD OF
DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN
ACCORDANCE WITH SECTION 6.03(8) OF THE STATE PROPERTY TAX CODE; DIRECTING
THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION; AND PROVIDING
AN EFFECTIVE DATE.
Adopt a Resolution Authorizing Execution of an Interlocal Agreement between the Town of
Fairview, and the Cities of Allen, Plano, and Frisco, and the Arts of Collin County
Commission, Inc., to Accept the Town of Fairview as a Member City.
RESOLUTION NO. 2439-9-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
AGREEMENT BY AND AMONG THE TOWN OF FAIRVIEW, THE CITIES OF ALLEN,
FRISCO AND PLANO AND THE ARTS OF COLLIN COUNTY COMMISSION, INC. FOR THE
TOWN OF FAIRVIEW TO BE A "MEMBER" OF THE ARTS OF COLLIN COUNTY
COMMISSION, INC., AUTHORIZING ITS EXECUTION AND ALL OTHER DOCUMENTS
THEREIN BY THE CITY MANAGER; APPROVING NON -SUBSTANTIVE CHANGES IN
DOCUMENTS, AND PROVIDING AN EFFECTIVE DATE.
Adopt a Resolution Calling for a Public Hearing on December 13, 2005, Relating to the
Creation of a Tax Increment Reinvestment Zone at the Southwest Corner of US 75 and
Bethany Drive.
RESOLUTION NO. 2440-9-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, CALLING A PUBLIC HEARING FOR DECEMBER 13,
2005, TO CONSIDER THE ESTABLISHMENT OF TAX INCREMENT FINANCING ZONE
NO. l; AND PROVIDING AN EFFECTIVE DATE.
9. Adopt a Resolution Ratifying the Efforts of the Cities Aggregation Power Project (CAPP) to
Contract for Electric Base Load Power from a Coal-fired Power Plant.
RESOLUTION NO. 2441-9-05(RI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE CITIES AGGREGATION POWER
PROJECT'S LETTER OF INTENT TO ENTER INTO NEGOTIATIONS FOR A CAPACITY
CONTRACT WITH THE OWNER OF COAL (INCLUDING TEXAS LIGNITE) GENERATION
TO SUPPLY THE BASE LOAD ELECTRIC POWER NEEDS (APPROXIMATELY 55%-60% OF
TOTAL ENERGY NEEDS) FOR CAPP MEMBERS OVER A 10 -YEAR PERIOD, AND
PROVIDING AN EFFECTIVE DATE.
10. Adopt a Resolution Designating The Allen American as the Official Newspaper of the City of
Allen.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2005
PAGE
RESOLUTION NO. 2442-9-05(Rl: A RESOLUTION OF THE CITY COUNCIL 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 2005-2006; AUTHORIZING THE CITY MANAGER TO CONTRACT WITH THE ALLEN
AMERICAN; AND PROVIDING AN EFFECTIVE DATE.
11. Motion to Approve the Appointment of Dan B. Chern as the City's Alternate Municipal Court
Judge and Authorize the City Manager to Execute the Professional Services Agreement
Relating to his Appointment.
Council authorized the City Manager to execute the agreement.
12. Motion to Accept the Certification of Anticipated Tax Collection Rate for the 2005-2006
Taxable Year, the Certification of Excess Debt Collections for the Taxable Year 2004-2005, and
the 2005 Appraisal Roll.
13. Motion to Cancel the December 27, 2005, City Council Meeting.
15. Authorize Execution of a Contract with David McCall of Gay, McCall, Isaacks, Gordon, May
& Roberts, P.C. for the Collection of Delinquent Taxes.
Council authorized the City Manager to execute the contract.
16. Award Bid and Authorize Execution of a Contract with Dal-Ec Construction, Ltd. in the
Amount of $54,800 for the Installation of Power Factor Correction Equipment at the Stacy
Road Pump Station and the Don Rodenbaugh Natatorium and Establish a Project Budget of
$65,500.
Council authorized the City Manager to execute the contract.
17. Receive the CIP (Capital Improvement Program) Status Report.
18. Receive the Summary of Property Tax Collections as of August 2005.
The motion carried.
14. Motion to Set Saturday, January 28, 2006, as the Date for the City Council Strategic Planning
Session.
MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember
McGregor, the Council voted seven (7) for and none (0) opposed to Set Saturday,
February 4. 2006, as the Date for the City Council Strategic Planning Session The motion
carried.
Regular Agenda -
19. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from AO
Agriculture -Open Space to PD Planned Development No. 98 for R4 Residential, R5
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2005
PAGE
Residential, TH Townhome, and CC Corridor Commercial Uses for 164± Acres of Land
Located North of West Exchange Parkway and West of Twin Creeks Drive.
The proponent has requested that consideration of this item be tabled to the October 11, 2005,
regular meeting of the Allen City Council.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout,
the Council voted seven (7) for and none opposed to continue the public hearing to the
October 11, 2005, regular meeting of the Allen City Council. The motion carried.
20. Adopt an Ordinance Amending the Code of Ordinances, Chapter 8, Article IV `Alarm
Systems' by Amending the Regulations for Alarm Systems.
ORDINANCE NO. 2443-9-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
REPEALING ARTICLE IV OF CHAPTER 8 "ALARM SYSTEMS" AND REPLACING THE
SAME WITH A NEW ARTICLE IV TO PROVIDE REGULATIONS FOR ALARM SYSTEMS,
BY ESTABLISHING PERMIT FEES AND SERVICES CHARGES; PROVIDING A SAVINGS
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;
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 opposed to adopt Ordinance No. 2443-9-05 as
previously captioned. The motion carried.
21. Adopt a Resolution Amending Permit Fees and Service Charges for Alarm Systems.
RESOLUTION NO. 2444-9-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING ALARM PERMIT FEES AND
OTHER FEES ASSOCIATED WITH ALARM SYSTEMS; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember
McGregor, the Council voted seven (7) for and none opposed to adopt Resolution No.
2444-9-05(R) as previously captioned. The motion carried.
22. Adopt an Ordinance Amending the Fiscal Year 2004-2005 Budget, Approving the Fiscal Year
2005-2006 Budget, and Approving the 2006-2010 Capital Improvement Program.
ORDINANCE NO. 2445-9-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2005. AND ENDING SEPTEMBER 30, 2006, 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.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2005
PAGE
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Pacheco, the Council voted seven (7) for and none opposed to adopt Ordinance No.
2445-9-05 as previously captioned The motion carried.
23. Adopt an Ordinance Setting the Tax Rate for the 2005-2006 Fiscal Year Budget.
ORDINANCE NO. 2446-9-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE TAX
YEAR 2005 (FISCAL YEAR 2005-2006) AT A RATE OF $0.55900 PER ONE HUNDRED
DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY OF ALLEN AS OF JANUARY 1, 2005, TO PROVIDE
REVENUE FOR THE PAYMENT OF CURRENT EXPENSES, PROVIDING FOR AN INTEREST
AND SINKING FUND FOR ALL OUTSTANDING DEBT OF THE CITY OF ALLEN,
PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND
INTEREST, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A REPEALING CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Falk and a second by Councilmember Stout, the
Council voted seven (7) for with Mayor Terrell, Councilmember Stout, Councilmember
Obermeyer, Councilmember Pacheco, Councilmember Bartlemay, Mayor Pro Tem Fulk, and
Councilmember McGregor, casting votes for and none opposed that property taxes be
increased by the adoption of a tax rate of $0.559 per $100 valuation of property, and further
move to adopt Ordinance No. 2446-9-05, as previously captioned, setting that tar rate for
the 2005-2006 Fiscal Year. The motion carried
24. Adopt a Resolution Setting New Rates for Residential and Commercial Water and Sewer
Services.
RESOLUTION NO. 2447-9-051'Rl: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING SANITARY SEWER CHARGES
AND WATER SERVICE CHARGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember
McGregor, the Council voted seven (7) for and none opposed to adopt Resolution No.
2447-9-05(R) as previously captioned. The motion carried.
25. Confirm City Council Appointments to the Finance/Audit Committee.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Pacheco, the
Council voted seven (7) for and none opposed to continue this item to a future meeting. The
motion carried.
Other Business
26. Calendar.
• October 6 —TRIAD Meeting/Gent" Training Facility/6:00 p.m.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 27, 2005
27. Items of Interest.
PAGE
Council recognized Boy Scout Matthew Wire from Boy Scout Troup 285 for working towards the
communications merit badge.
Councilmember Bartlemay reminded those interested in the dedication of Lady of Angels' workshop
center this Friday at 7*00 p.m.
Mayor Terrell commended Pete Smith, City Attorney, and Shelley George, City Secretary, on the
success of the board training held for appointed and re -appointed board members.
Councilmember McGregor wished his son, Garrett, a happy 15' birthday
Council commended the Street Division of Community Services for their work on McDermott Drive
at Allen Drive.
The Executive Session was not held.
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 7.53 p.m. on Tuesday, September 27, 2005. The motion carried.
These minutes approved on the 1 I u day of October, 2005.
ATTEST:
Shelley B. George, RMC, CITY SieCRETARY
I
APPROVED:
Ak—�
StepheL Terrell, MAYOR