Min - City Council - 2007 - 08/14 - RegularALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 14, 2007
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Mark Pacheco
Robin L. Sedlacek
Gary L. Caplinger
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
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6,08 p in. on Tuesday, August 14, 2007, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included:
• Introduction of Lee Howard, President of the Community Development Corporation
• Briefing Regarding the R W Beck 'Analysis of Alternative Rate Methodologies for North Texas
Municipal Water District"
• Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:00 p.m. on
Tuesday, August 14, 2007
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 7:07 p.m. on Tuesday, August 14, 2007, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
Public Recoenition
Citizens' Comments.
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2. Presentation of a Blue Star Flag to the Family of an Allen Serviceman Currently Deployed by
the U.S. Armed Forces.
Presented to Kimberly Jones, spouse of 2nd Lieutenant Darrell Jones with the United States Amy.
3. Recognition of Teen Summer Volunteers for their Efforts in Assisting at the Allen Public
Library.
4. Recognition of the Allen Police Department's School Resource Officer Unit as the Recipient of
the `Model Agency of the Year Award' Presented by the National Association of School
Resource Officers.
5. Lee Howard, Chair, Provided the Community Development Corporation's Annual Report to
the City Council.
Consent Aaenda
MOTION: Upon a motion made by Councdmember Caplinger and a second by Councilmember
McGregor, Council voted seven (7) for and none (0) opposed to adopt the consent agenda as
follows:
6. Approve Minutes of the July 17, 2007, Special Called Joint Workshop with the Planning &
Zoning Commission.
Approve Minutes of the July 24, 2007, Regular Meeting.
Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, Motor Vehicles and
Traffic, Establishing the Maximum Speed Limit on Exchange Parkway and Stacy Road within
the Corporate Limits of the City.
ORDINANCE NO. 2642-8-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
AMENDING THE TABLE IN CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V,
"OPERATION OF VEHICLES," DIVISION 2, "SPEED REGULATIONS,' SECTION 9-135 (a),
TO AMEND THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR CERTAIN PORTIONS OF
EXC14ANGE PARKWAY AND STACY ROAD WITHIN THE CORPORATE LIMITS OF THE
CITY OF ALLEN, PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
9. Adopt an Ordinance Amending the Code of Ordinances, Chapter 6, Health and Environment,
to Require Solid Waste to be Transported to a City Designated Landfill and to Require Use of
City Franchise Contractors.
ORDINANCE NO. 2643-8-07: AN ORDINANCE OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING CHAPTER 6, "HEALTH AND ENVIRONMENT," ARTICLE 111
TO ESTABLISH REGULATIONS FOR THE COLLECTION OF HAZARDOUS HOUSEHOLD
WASTE, SOLID WASTE AND RECYCLING SERVICES AND BY PROVIDING FOR THE
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TRANSPORT OF REFUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED
TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
10. Adopt an Ordinance Amending the Code of Ordinances, Chapter 14, Utilities, Eliminating
Interest on Utility Deposits, Prohibiting the Placement of Irrigation Only Water Meters at
Certain Locations, and Providing for Various Fees and Charges to be Established by
Resolution of the City Council.
ORDINANCE NO. 2644-8-07, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
AMENDING CHAPTER 14, "UTILITIES;' ARTICLE I, SEC. 14-1 (c) TO ELIMINATE
PAYMENT OF INTEREST ON UTILITY DEPOSITS, AMENDING SEC. 14-3 TO ESTABLISH
TAP FEE AND METER SETTING CHARGES TO BE ESTABLISHED BY RESOLUTION OF
THE CITY COUNCIL, AMENDING SEC. 14-4 (4) TO ESTABLISH THE METER REMOVAL
FEE TO BE ESTABLISHED BY THE CITY COUNCIL, SEC. 14-5 (5) TO DEFINE IRRIGATION
ONLY ACCOUNTS, SEC. 14-8 (b) TO ESTABLISH A RECONNECTION FEE TO BE
ESTABLISHED BY THE CITY COUNCIL, SEC. 14-9 (a) (1)-(2) AND SEC. 14-9 (c) TO
ESTABLISH THAT DEPOSIT AMOUNTS AND INSTALLATION AND SET UP FEES TO BE
ESTABLISHED BY THE CITY COUNCIL; AMENDING SEC 14-12 TO PROVIDE THAT THE
CAPITAL IMPROVEMENT FEES TO BE ESTABLISHED BY THE CITY COUNCIL;
AMENDING SEC. 14-13 TO PROVIDE THAT THE PUBLIC WORKS DEPARTMENT FEES
i AND CHARGES TO BE ESTABLISHED BY THE CITY COUNCIL; AND AMENDING SEC. 14-
17 (b) TO CLARIFY THE TRANSFER OF METER FROM DEVELOPEWBUILDER TO
PROPERTY OWNERS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 2645-8-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING VARIOUS FEES AND CHARGES FOR
WATER AND SEWER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
it. Adopt a Resolution Authorizing an Interlocal Agreement with the City of Lewisville to Use the
City of Allen's Vendors under Present and Future Contracts.
RESOLUTION NO. 2646-8-07(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND
THE CITY OF LEWISVILLE, TEXAS, PROVIDING FOR A COOPERATIVE PURCHASING
PROGRAM FOR GOODS AND SERVICES: DESIGNATING THE CITY MANAGER, OR HIS
DESIGNEE, AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS RELATING TO
THE PROGRAM; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE; AND PROVIDING AN EFFECTIVE DATE.
12. Award Bid and Authorize Execution of Contracts for Irrigation Parts and Supplies with Metro
Irrigation Supply Company, LTD for an Amount not to exceed $45,000 and with Irrigators
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Supply Company, Inc. for an Amount not to exceed $55,000 with Two One-year Options to
Renew under the Same Terms and Conditions.
13. Award Bid and Authorize Execution of Contracts with Recreation Consultants of Texas LLC
(Primary) and with Soil Express (Secondary) for Playground Safety Surface Material for an
Amount not to exceed $30,000 with Four One-year Options to Renew under the Same Terms
and Conditions.
14. Receive Financial Report for the Period Ending June 30, 2007.
15. Receive Investment Report for the Period Ending June 30, 2007.
The motion carried.
16. Conduct a Public Hearing and Adopt an Ordinance Amending the Code of Ordinances,
Chapter 10, Offenses — Miscellaneous for Renewing the Juvenile Curfew Ordinance.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item
to do so at this time.
With no one speaking, Mayor Terrell closed the public hearing
ORDINANCE NO. 2647-8-07: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
AMENDING CHAPTER 10, "OFFENSES MISCELLANEOUS," ARTICLE II, "CURFEW FOR
CHILDREN," TO ADOPT A CURFEW FOR JUVENILES, PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE: PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED
DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
MOTION: Upon a motion made by Councilmember Pacheco and a second by Mayor Pro Tem Stout, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No 2647-8-07, as
previously captioned, renewing a curfew for juveniles. The motion carried.
17. Consider All Matters Incident and Related to the Issuance and Sale of `City of Allen, Texas,
General Obligation Bonds, Series 2007', Including the Adoption of an Ordinance Authorizing
the Issuance of Such Bonds.
ORDINANCE NO. 2648-8-07: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY
OF ALLEN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2007', 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 INCLUDING THE APPROVAL AND EXECUTION OF A PAYING
' AGENTIREGISTRAR AGREEMENT AND A BOND PURCHASE AGREEMENT, AND THE
APPROVAL AND DISTRBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO;
AND PROVIDING AN EFFECTIVE DATE.
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MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No 2648-8-07, as
previously captioned, authorizing the issuance of $11,145,000 City of Allen, Texas, General
Obligation Bonds, Series 2007, and approving and authorizing the execution of a paying
agent/registrar agreement and a bond purchase agreement, and the approving and authoring
the distribution of an official statement in relation to such bond. The motion carried.
18. Conduct a Public Hearing on the Budget as Required by Article IV, Section 4.04 of the Allen
City Charter.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item
to do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
19. Conduct a Public Hearing on the Fiscal Year 2007-2008 City Tax Rate and Set the City Council
Meeting Date of September 11, 2007, at 7:00 PM at Allen City Hall, 305 Century Parkway,
Allen, Texas, to Vote on the Proposed Tax Rate of 55.8 Cents per $100 of the Certified
Appraised Value for the Fiscal Year 2007-2008 Budget.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item
to do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Councilmember Obermeyer and seconded by Councilmember
Sedlacek, the Council voted seven (7) for and none (0) opposed to set the City Council
meeting date of September 11, 2007, at 7:00 p.m. at Allen City Hall, 305 Century Parkway,
Allen, Texas, to vote on the proposed tax rate of 55.7 cents per $100 of the certified
appraised value for the Fiscal Year 2007-2008 budget. The motion carried.
20. Motion to Confirm City Council Appointments to the Various Nominating Committees for the
Appointment of Boards, Commissions, and Corporations for Fiscal Year 2007-2008.
MOTION: Upon a motion by Councilmember Pacheco and a second by Councilmember Obermeyer, the
Council voted seven (7) for and none (0) opposed to confirm the appointments of
Councilmembers Obermeyer, Sedlacck and Caplinger to serve as the Advisory and Quasi -
Judicial Boards Nominating Committee, and the entire Council to serve as the Corporation
Boards Nominating Committee, as recommended by Mayor Terrell. The motion carried.
Other Business
21. Calendar.
August 18 at 4:00 p.m., August 19-20 all day — Allen Public Library will be Closed
September 3 — City Offices will be Closed in Observance of Labor Day
22. Items of Interest.
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AUGUST 14, 2007 PAGE 6
The Council wished Councilmember Obermeyer happy birthday
The Executive Session was not held.
Adjourn
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Sedlacek, the
Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 8:20 p.m. on Tuesday, August 14, 2007 The motion carried.
These minutes approved on the 281h day of August, 2007
ATTEST:
ShelleyBC, CSECRETARY
I
APPROVED:
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Stephen Terrell, MAYOR