Min - 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