Min - 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
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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