Min - City Council - 2008 - 07/22 - RegularALLEN CITY COUNCIL
REGULAR MEETING
3
JULY 22, 2008
Present:
Stephen Terrell, Mayor
Councilmembers:
With a quomm of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:13 p.m. on Tuesday, July 22, 2008, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas Items discussed in the workshop included:
• Update Regarding Various Construction Projects
• Briefing Regarding the Contract with Hunt Construction Group for the Construction of the Allen
Event Center Project
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:55 p.m. on
Tuesday, July 22, 2008.
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 7:04 p.m. on Tuesday, July 22, 2008, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
'1 Pl�e ofAlleeiance
�E Public Recoenition
1. Citizens' Comments.
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald (absent)
Robin L. Sedlacek
Gary L. Caplinger
Jeff McGregor (absent)
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Pete Smith, City Attorney (absent)
[",
Joe Gorda, Attorney
Workshop Session
With a quomm of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:13 p.m. on Tuesday, July 22, 2008, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas Items discussed in the workshop included:
• Update Regarding Various Construction Projects
• Briefing Regarding the Contract with Hunt Construction Group for the Construction of the Allen
Event Center Project
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:55 p.m. on
Tuesday, July 22, 2008.
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 7:04 p.m. on Tuesday, July 22, 2008, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
'1 Pl�e ofAlleeiance
�E Public Recoenition
1. Citizens' Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 22, 2008 PAGE 2
2. Recognition of the Keep Texas Beautiful Award Winners from the City of Allen by the City
Council and the Keep Allen Beautiful Board.
• Ed Davis Litter Law Enforcement Award, First Place — Tom Wylie, Deputy Constable, Collin
County Precinct 3
• The Sadie Ray Graff Education Leadership Award, First Place - Allen High School DECA
• The Ebby Halliday and Maurice Acers Business/Industry Award, Second Place - Montgomery
Farm
• Civic Organization Leadership Award, Third Place - Leadership Allen, Class XVIII
• Ruthe Jackson Youth Leadership Award, Second Place - Matt Borders, Eagle Scout
3. Recognition of City of Allen Planning and Development Department as the Recipient of Three
Awards from the South Central Are User Group.
• Most Creative Poster— First Place
• Most Informative — Second Place
• Map Book — Third Place
Consent Aeenda
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember
Caplinger, the Council voted five (5) for and none (0) opposed to adopt the remaining items
on the consent agenda as follows:
4. Approve Minutes of the July 8, 2008, Regular Meeting.
Adopt an Ordinance Amending Ordinance No. 2404-5-05, Increasing the Franchise Fee Payable
by Atmos Energy Corporation, Mid -Tex Division from 4% to 5%.
ORDINANCE NO. 2752-7-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 2405-5-05, THE
EXISTING FRANCHISE GRANTED TO ATMOS ENERGY CORPORATION, MID-TEX
DIVISION; BY INCREASING THE FRANCHISE FEE PAYABLE BY ATMOS ENERGY
CORPORATION, MIDTEX DIVISION, FOR USE OF PUBLIC RIGHTS-OF-WAY IN THE CITY
OF ALLEN; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE BY ATMOS
ENERGY CORPORATION, MID-TEX DIVISION.
Adopt a Resolution to Suspend Oncor Electric Delivery Company's Requested Rate Change to
Increase Electric Utility Rates.
RESOLUTION NO. 2753-7-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, SUSPENDING THE AUGUAST 8, 2008, EFFECTIVE
DATE OF ONCOR ELECTRIC DELIVERY COMPANY REQUESTED RATE CHANGE TO
PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE
RATES, APPROVING COOPERATION WITH ONCOR CITIES STEERING COMMITTEE TO
HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY
AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 22, 2008
PAGE
REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY
AND LEGAL COUNSEL FOR THE STEERING COMMITTEE.
7. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement by and
between the City of Wichita Falls, Texas and the City of Allen for the City of Allen's Use of the
City of Wichita Falls Supplier Contracts.
RESOLUTION NO. 2754-7-09lR1: 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
WICHITA FALLS, 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.
8. Motion to Authorize the City Manager to Execute Amendment Number One for AIA Contract
A121 with Hunt Construction Group for an Amount of $38,496,239 Establishing a Guaranteed
Maximum Price for the Construction of the Allen Event Center Project.
9. Acknowledge Receipt of the Proposed 2008-2009 City Budget and the Proposed 2009-2013
Capital Improvement Program as Submitted by the City Manager in Accordance with Article
IV, Section 4.02 of the City Charter.
10. Motion to Reappoint Ms. Maxine Sweet to Place No. 4 of the Allen Economic Development
Corporation.
it. Receive the Capital Improvement Program Status Report.
12. Receive the Summary of Property Tax Collections as of June 2008.
The motion carried.
13. Conduct a Public Hearing and Adopt an Ordinance Granting a Zoning Amendment to Tracts J
and H of PD Planned Development No. 92, Starcreek Residential Subdivision, to Amend the Lot
Coverage from 35% to 45%, and Required Set -back for Garage Doors to be Equal to the Front
Set -back for each Lot Plus an Additional 10 Feet.
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. 2755-7-08: 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 "PD" PLANNED DEVELOPMENT NO. 92, ORDINANCE NO. 2272-3-04, BY
AMENDING THE DEVELOPMENT REGULATIONS FOR TRACT 1 FOR THE R-3
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 22, 2008
PAGE
RESIDENTIAL LOTS BY INCREASING THE LOT COVERAGE AND AMENDING THE
GARAGE DOOR DETBACKS FOR 44.4121 ACRES IN THE FRANCIS DOSSER SURVEY,
ABSTRACT NO. 280, AND THE GEORGE FITZHUGH SURVEY, ABSTRACT NO. 321, CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO; 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 Obermeyer and a second by Councilmember
Sedlacek, the Council voted five (5) for and none (0) opposed to adopt Ordinance No. 2755-
7-08, as previously captioned, granting a zoning amendment to Tract I of PD Planned
Development No. 92, Starcreek Residential Subdivision, to amend the lot coverage from 35%
to 45%, and required set -back for garage doors to be equal to the front set -back for each lot
plus an additional 10 feet. The motion carried.
14. Conduct a Public Hearing and Adopt a Resolution Approving the 2008-2009 Annual Action
Plan for the Community Development Block Grant Program.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
Chris Hendricks, ACO, thanked the City for the opportunity of funding for FY 2008-09.
With no one else speaking, Mayor Terrell closed the public hearing.
RESOLUTION NO. 2756-7RESOLUTION NO. 2756-7-088 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2008-2009 COMMUNITY
DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN; AUTHORIZING ITS
SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD); REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
the Council voted five (5) for and none (0) opposed to adopt Resolution No. 2756-7-08(R), as
previously captioned, approving the 2008-2009 Annual Action Plan for the Community
Development Block Grant (CDBG) Program The motion carried.
15. Adopt an Ordinance Amending the Code of Ordinances by Adding a New Section Titled
"Administrative Fees" to Provide for the Establishment of an Online Transaction Fee and
Approve a Resolution Setting an Online Transaction Fee of $1.00 Relating to Utility Billing and
Parks and Recreation.
ORDINANCE NO. 2757-7-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
AMENDING CHAPTER 2 "ADMINISTRATION" BY AMENDING ARTICLE I BY ADDING A
NEW SECTION 2-10
TITLED "ADMINISTRATIVE
FEES" TO
PROVIDE FOR THE
ESTABLISHMENT OF
AN ON-LINE TRANSACTION
FEE; AND
PROVIDING FOR AN
EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 22, 2008
PAGE
MOTION: Upon a motion made by Councilmember Caplinger and a second by Mayor Pro Tem Stout,
the Council voted five (5) for and none (0) opposed to adopt Ordinance No. 2757-7-08, as
previously captioned, amending the Code of Ordinances by adding a new section titled
"Administrative Fees" to provide for the establishment of an online transaction fee. The
motion carried.
RESOLUTION NO. 2758-7-OS(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING AN ADMINISTRATIVE FEE FOR
ALL ON -LME TRANSACTIONS, PROVIDING A REPEALING CLAUSE, AND PROVIDING
AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Caplinger, the Council voted five (5) for and none (0) opposed to adopt Resolution No. 2758-
7-08(R), as previously captioned, setting an online transaction fee of $1.00 relating to Utility
Billing and Parks and Recreation. The motion carried.
16. Set August 12, 2008, as the First Public Hearing Date and August 26, 2008, as the Second Public
Hearing Date Regarding the Fiscal Year 2008-2009 City Tax Rate.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Sedlacek, the
Council voted five (5) for and none (0) opposed to set Tuesday, August 12, 2008, and
Tuesday August 26, 2008, at 7:00 P.M. at Allen City Hall, One Allen Civic Plaza, 305
Century Parkway, Allen, Texas as the dates, time, and place for the first and second Public
Hearings on the proposed City Tax Rate of 55.7 cents per $100 of appraised value for the
Fiscal Year 2008-2009 The motion carried.
17. Set August 12, 2008, as the First Public Hearing Date and August 26, 2008, as the Second Public
Hearing Date Regarding the Fiscal Year 2008-2009 City Budget.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Mayor Pro Tem Stout,
the Council voted five (5) for and none (0) opposed to set Tuesday, August 12, 2008, and to
set Tuesday, August 12, 2008, and Tuesday, August 26, 2008, at 7:00 P.M. at Allen City
Hall., One Allen Civic Plaza, 305 Century Parkway, Allen, Texas as the dates, time, and
place for the first and second Public Hearings on the City's Proposed Fiscal Year 2008-2009
Budget in accordance with Article IV, Section 4.04 of the City Charter. The motion carried.
18. Calendar.
• July 24 - Allen Event Center Groundbreaking/] 1 a.m. to 1 p.m.
• July 26 - Ribbon Cuttings at Various Neighborhood Parks
19. Items of Interest.
Council recognized Boy Scouts with Troop 306 and 224 for their efforts in working towards the
L communications and citizenship merit badges.
The Regular Session recessed at 7.48 p.m.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 22, 2008 PAGE 6
In accordance with the Texas Government Code, the Allen City Council reconvened into Executive Session at
8:00 p in. on Tuesday, July 22, 2008, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in
order to continue discussing matters pertaining to:
20. Personnel Pursuant to Section 551.074 of the Texas Government Code — Discuss Appointments
to the Following: Allen Economic Development Corporation — This item was not discussed.
21. Pursuant to Legal, Section 551.071 of the Texas Government Code — Consultation with City
Attorney Regarding Brookside v. LLG and the City ojAllen.
The Executive Session adjourned at 8:20 p.m on Tuesday, July 22, 2008.
22. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 8:25 p.m. on Tuesday, July 22, 2008, in the
Council Chambers of the Allen City Hall. The following action was taken on items discussed during
Executive Session:
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Sedlacek, the Council voted five (5) for and none (0) opposed to authorizing the City
Manager to execute any and all documents for the Quitclaim Deed of property as stated in the
Quitclaim Deed. The motion carried.
Adjourn
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Sedlacek, the
Council voted five (5) for and none (0) opposed to adjourn the Regular Meeting of the Allen
City Council at 8:26 p.m. on Tuesday, July 22, 2008. The motion carried.
These minutes approved on the 121h day of August, 2008.
APPROVED:
Ste'eniterrell, MAYOR
ATTEST:
Shelley B. CITY SECRETARY