Min - City Council - 2006 - 06/27 - RegularI
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 27, 2006
Present:
Stephen Terrell, Mayor
Councilmembers:
Susan Bartlemay, Mayor Pro Tem
Debbie Stout
Ross Obermeyer (arrived 6 10 p in)
Mark Pacheco (arrived 6 25 p m.)
Gary Caplinger
Jeff McGregor
City Staff
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney (ahsenp
David Dodd, 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 6:06 p.m. on Tuesday, June 27, 2006, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included:
• Briefing Regarding the NIMS (National Incident Management System) Mandatory Training from the
United States Department of Homeland Security
• Update Regarding the Drought Contingency Plan
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:41 p.m. on
Tuesday, lune 27, 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 T 11 p.m. on Tuesday, June 27, 2006, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pled¢e of Alleeiance
Public Recoenition
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 27, 2006
1 1. Citizens' Comments.
PAGE
Raymond Brookshire, 552 Hanover Drive, Allen, Texas, spoke regarding traffic control by the Police
Department on Chaparral Road.
2. Recognition of the City of Allen as the Recipient of the 2006 National Arbor Day `Celebration
Award'.
Consent Agenda
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Caplinger,
the Council voted seven (7) for and none (0) opposed to approve and adopt the consent
agenda as follows:
3. Approve Minutes of the June 13, 2006, Regular Meeting.
4. Adopt an Ordinance Denying Atmos Energy Corporation's Gas Reliability Infrastructure
Program (GRIP) Rate Increase for Gas Utility Investments in 2005.
ORDINANCE NO. 2529-6-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP.,
MIDTEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM
(GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S
STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH
OTHER CITIES WITHIN THE ATMOS ENERGY CORP, MID-TEX DIVISION DISTRIBUTION
SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC);
AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO
NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION;
AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S
ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A
PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY, FINDING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS
ENERGY CORP, MID-TEX DIVISION.
5. Adopt an Ordinance Denying Atmos Energy Corporation's Statement of Intent to Increase the
Gas Utility Rates in Allen.
ORDINANCE NO. 2530-6-06: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DENYING ATMOS ENERGY CORP., MID-TEX
DIVISION'S STATEMENT OF INTENT TO INCREASE THE GAS UTILITY RATES IN THIS
MUNICIPALITY, SUPPORTING THE REDUCTION OF EXISTING NATURAL GAS
DISTRIBUTION RATES CURRENTLY CHARGED BY ATMOS MID-TEX WITHIN THE CITY,
ORDERING ATMOS MID-TEX TO REIMBURSE THE CITY FOR ITS REASONABLE COSTS
INCURRED IN RATEMAKING PROCEEDINGS OR APPEALS OF SAID PROCEEDINGS,
AUTHORIZING THE ATMOS CITIES STEERING COMMITTEE TO ACT ON BEHALF OF
CITY AND INTERVENE IN ANY PROCEEDINGS BEFORE ADMINISTRATIVE OR JUDICIAL
BODIES; REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL
COUNSEL, FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS ADOPTED IS
ALLEN CITY COUNCH,
REGULAR MEETING
JUNE 27, 2006
PAGE
OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR AN EFFECTIVE
DATE.
6. Adopt a Resolution Authorizing the City Manager to Apply For Collin County Open Space
Project Funding Assistance to Fund the Design and Construction of the Six Cities
Interjurisdictional Trail Connection `Point 8' from SH 5 to Development within Montgomery
Farm.
RESOLUTION NO. 2531-6-06 (R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT",
DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND
ON BEHALF OF THE "APPLICANT" IN DEALING WITH COLLIN COUNTY, HERINAFTER
REFERRED TO AS "GRANTOR," FOR THE PURPOSE OF PARTICIPATING IN THE COLLIN
COUNTY PARK AND OPEN SPACE PROJECT FUNDING ASSISTANCE PROGRAM,
HEREINAFTER REFERRED TO AS THE "PROGRAM", CERTIFYING THAT THE
"APPLICANT' IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT
THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; DEDICATING THE
PROPOSED FACILITY FOR PERMANENT PUBLIC PARK AND PEDESTRIAN
TRANSPORTATION USES, AND PROVIDING FOR AN EFFECTIVE DATE.
7. Adopt a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter, or
Terminate the United States Department of Homeland Security SAFER (Staffing for Adequate
Fire and Emergency Response) Grant.
RESOLUTION NO. 2532-6-06 (R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO ALLOW THE CITY MANAGER (OR DESIGNEE)
TO APPLY FOR THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY'S
SAFER (STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE) GRANT
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
8. Adopt a Resolution Authorizing the City Manager to Apply for Funding to Purchase Two
Surveillance Cameras to Expand the Illegal Dumping Clean Up Program through Public and
Private Partnerships through the North Central Texas Council of Governments (NCTCOG)
Implementation of the Regional Solid Waste Management Plan.
RESOLUTION NO. 2533-6-06 (R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE FILING OF A PROJECT
APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
(NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT, AUTHORIZING
THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, IN ALL MATTERS RELATED TO THE APPLICATION, PLEDGING THAT IF A
PROJECT IS RECEIVED THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, WILL COMPLY
WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON
ENVRIONMENTAL QUALITY (TCEQ) AND THE STATE OF TEXAS, AND PROVIDING AN
EFFECTIVE DATE,
9. Award Bid and Authorize Execution of a Contract with Republic Electric for the Construction
of Emergency Traffic Signals at Fire Stations #2 and #3 in the Amount of $108,792 and Amend
the Budget to $125,000 for the Project.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 27, 2006 PAGE 4
10. Receive the Summary of Property Tax Collections as of May 2006.
11. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried.
12. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning to Amend
PD Planned Development No. 13 to Allow a Daycare Facility on 6t Acres of Land Located at
the Northeast Corner of Bethany Drive and Jupiter Road.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Kurt Hudson, proponent, requested approval of the request.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2534-6-06: 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
AMENDING PLANNED DEVELOPMENT NO. 13, ORDINANCE NO. 459-9-83, AS
HERETOFORE AMENDED, BY AMENDING THE DEVELOPMENT REGULATIONS FOR
TRACT 11 TO ALLOW DAY CARE CENTER AS A PERMITTED USE FOR 6.0652± ACRES
OUT OF THE WILLIAM PERRIN SURVEY, ABSTRACT NO 708 AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF
A CONCEPT PLAN, ATTACHED AS EXHIBIT `B", PROVIDING FOR A REPEALING
CLAUSE; PROVIDING FOR A SEVERABB.ITY CLAUSE, PROVIDING FOR 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 by Councilmember Pacheco and a second by Councilmember Obermeyer, the
Council voted seven (7) for and none (0) against to adopt Ordinance No. 2534-6-06, as
previously captioned, to amend PD Planned Development No 13 to allow for a day care
facility on 6f acres of land located at the northeast comer of Bethany Drive and Jupiter
Road. The motion carried.
13. Conduct a Public Hearing to Discuss the Proposed 2006-2007 Annual Action Plan for the
Community Development Block Grant (CDBG) Program.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
ALLEN CITY COUNCIL
REGULAR MEETING
.JUNE 27, 2006
PAGE 5
14. Adopt an Ordinance Authorizing the Issuance of General Obligation Bonds, Series 2006, in the
Amount of $1,595,000 and the Approval of all Matters Incident and Related to the Issuance.
ORDINANCE NO. 2535-6-06: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY
OF ALLEN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2006; SPECIFYING THE
TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL
AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER
MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND
DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A
PAYING AGENT/BEGISTRAR AGREEMENT, AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion by Councilmember Stout and a second by Councilmember Bartlemay, the
Council voted seven (7) for and none (0) against to adopt Ordinance No. 2535-6-06, as
previously captioned, to authorize the issuance of General Obligation Bonds, Series 2006, in
the amount of $1,595,000 and the approval of all matters incident and related to the issuance
and sale of the bonds including the Paying Agent/Registrar Agreement and the Bond
Purchase Letter with Bank of America, N.A , Dallas, Texas. The motion carried.
The regular session was recessed at 7:51 p.m.
Executive Session
�j In accordance with Texas Government Code, Personnel, Section 551.074; the Allen City Council convened
Einto Executive Session at 8.05 p.m. on Tuesday, June 27, 2006, in the Council Conference Room, Allen Civic
Plaza, 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to.
Personnel — Pursuant to Section 551.074 of the Texas Government Code
• Discussion Regarding Appointment of Mayor Pro Tem
• Discussion Regarding Appointments of City Council Representatives to the Allen Economic
Development Corporation and the Community Development Corporation
The Executive Session adjourned at 8:35 p.m. on Tuesday, June 27, 2006.
28. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 8:35 p.m on Tuesday, June 27, 2006, in
the Council Chambers of the Allen City Hall. The following action was taken on Agenda Items 15
and 16:
15. Election of Mayor Pro Tem.
Mayor Terrell called for nominations from the Council for the position of Mayor Pro Tem.
Councilmember Stout nominated Councilmember Bartlemay
Councilmember Obermeyer nominated Councilmember McGregor.
Upon a motion by Councilmember Stout, Mayor Terrell closed the call for nominations and
proceeded to the vote for the position of Mayor Pro Tem The following votes were cast:
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 27, 2006
PAGE
Councilmember Bartlemay Mayor Terrell, Councilmember Stout, Councilmember Bartlemay, and
��E Councilmember Caplinger
Councilmember McGregor Councilmember Obermever. Councilmember Pacheco and
Councilmember McGregor.
Councilmember Bartlemay was elected Mayor Pro Tem by a majority vote.
16. Motion to Confirm the Appointment of Council Representatives to Place No. 1 on the Allen
Economic Development Corporation and Place No. 7 on the Community Development
Corporation.
MOTION: Upon a motion by Councilmember Obermeyer and a second by Councilmember Bartlemay,
the Council voted seven (7) for and none (0) against to confirm the appointment of
Councilmember Pacheco to Place No. 1 on the Allen Economic Development Corporation
and Councilmember Stout to Place No. 7 on the Allen Community Development Corporation
as recommended by Mayor Terrell. The motion carried.
27. Calendar.
• June 29 — Special Called Joint Meeting/City Council and CIP Steering Committee/7:00 p.m.
• August 8-11 — Transportation Summit
• August 18-20 — City Council Budget Workshop
28. Items of Interest.
Council commended the Parks staff on Allen USA Celebration.
Adiourn
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Caplinger,
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Session of the
Allen City Council at 8:40 p.m. on Tuesday, June 27, 2006. The motion carried.
These minutes approved on the l I 1 day of July, 2006.
APPROVED:
Step en errell, MAYOR
ATTEST:
Shelley B. Geoi-0, TRMC, CITY SECRETARY