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Min - City Council - 2011 - 05/24 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 24, 2011 Present: Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald 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 1 Pete Smith, City Attorney 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 7:02 p.m. on Tuesday, May 24, 2011, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Public Recognition 1. Citizens' Comments. 2. Administration of Oaths -of -Office and Presentation of Certificates -of -Election. City Secretary George administered the Oaths -of -Office to reelected Mayor Stephen Terrell and Councilmember Ross Obermeyer, Place No 2 Mayor Pro Tem Stout presented the Certificate -of - Election to Mayor Terrell and offered her congratulations to him. Mayor Terrell presented the Certificate -of -Election to Councilmember Obermeyer and offered his congratulations to him. Mayor Terrell and Councilmember Obermever took their places at the Council bench. 3. Recognition of the Election Clerks from the May 14, 2011, City of Allen General Election. 1 Mayor Terrell presented certificates to Molly Phillips, Carol Barkley, Joyce Bone, Travis Ann Dorough, Don Phillips, Angila Stewman, Marian Ulibarri, and Faith Younse. ALLEN CITY COUNCIL REGULAR MEETING MAY 24, 2011 PAGE 2 4. Recognition of Reuse -a -Shoe Contest Winners. Grand Prize: Kerr Elementary collected 1.56 pairs of shoes per capita Second Place: Vaughan Elementary collected 1.54 pairs of shoes per capita. Third Place: Evans Elementary collected 133 pairs of shoes per capita. Classroom Winner: Ms. Slaughter's 5' grade class, Kerr Elementary, collected 461 pairs of shoes. Student Winner: Maya Bullock, Kerr Elementary 5'h grader, collected 434 pairs of shoes. MOTION: Upon a motion made by Councilmember Caplinger and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt the items on the Consent Agenda as follows: 5. Approve Minutes of the May 10, 2011, Regular Meeting. 6. Adopt an Ordinance Approving a Settlement Agreement between the Oncor Cities Steering Committee and Oncor Electric Delivery Company Regarding the Company's Statement of Intent to Increase Electric Utility Rates. ORDINANCE NO. 3011-5-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS. ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR ('STEERING COMMITTEE") AND ONCOR ELECTRIC DELIVERY COMPANY LLC ("ONCOR" OR "COMPANY") REGARDING THE COMPANY'S APPLICATION TO INCREASE ELECTRIC RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION, DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ONCOR'S PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF A COPY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. Adopt a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter, or Terminate a Three-year Grant from the United States Department of Justice, Office of Community Oriented Policing Services, to Add Five Sworn Police Officer Positions. RESOLUTION NO. 3012-5-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES PROVIDING GRANT FUNDING FOR FIVE SWORN POLICE OFFICERS UNDER THE COPS HIRING PROGRAM, IF AWARDED. Receive the Summary of Property Tax Collections as of April 2011. 9. Receive the Capital Improvement Program (CIP) Status Reports. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING MAY 24, 2011 PAGE 3 1 Reeular Agenda 10. Conduct a Public Hearing and Adopt an Ordinance for the 2009 International Building Codes and 2011 National Electric Code with North Central Texas Council of Governments (NCTCOG) Amendments to the Allen Land Development Code, Article HI 'Building Regulations." 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. 3013-5-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE BY AMENDING ARTICLE III, BUILDING REGULATIONS BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2009 EDITION, WITH AMENDMENTS, INTERNATIONAL FIRE CODE, 2009 EDITION, WITH AMENDMENTS, INTERNATIONAL RESIDENTIAL CODE, 2009 EDITION, WITH AMENDMENTS; INTERNATIONAL MECHANICAL CODE, 2009 EDITION, WITH AMENDMENTS, INTERNATIONAL PLUMBING CODE, 2009 EDITION, WITH AMENDMENTS; INTERNATIONAL FUEL GAS CODE, 2009 EDITION, WITH AMENDMENTS; NATIONAL ELECTRICAL CODE, 2011 EDITION, WITH AMENDMENTS; INTERNATIONAL ENERGY CONSERVATION CODE, 2009 EDITION, WITH AMENDMENTS; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000), AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3013-5-11, as previously captioned, approving the 2009 International Building Codes and 2011 National Electric Code with North Central Texas Council of Governments (NCTCOG) Amendments to the Allen Land Development Code, Article III 'Budding Regulations." The motion carried. Il. Adopt a Resolution Establishing Rates and Fees for Commercial and Residential Solid Waste, Recycling and Household Hazardous Waste Services. RESOLUTION NO. 3014-5-II(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES AND RATES FOR COMMERCIAL SOLID WASTE COLLECTION SERVICES, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adopt Resolution No 3014-5-11(R), as previously captioned, establishing rates and fees for commercial and residential solid waste, recycling, and household hazardous waste services. The motion carried. Other Business ALLEN CITY COUNCIL REGULAR MEETING MAY 24, 2011 PAGE 4 1 12. Calendar. May 31, June 7 — Summer Sounds Concerts, JFRC Amphitheater, 7 p.m 13. Items of Interest. • Council recognized a Boy Scout from Troop 306 in attendance as a requirement for earning a merit badge. Executive Session The Executive Session was not held. 14. Reconvene and Consider Action on Items Discusses during Executive Session. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7:50 p.m. on Tuesday, May 24, 2011. The motion carried. 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 8.04 p.m. on Tuesday, May 24, 2011, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Update Regarding Chase Oaks Golf Course • Committee Updates from City Council Liaisons With no further discussion, the Workshop Session of the Allen City Council was adjourned at 8.43 p.m. on Tuesday, May 24, 2011. These minutes approved on the 14" day of June, 2011. APPROVED: tephen Terrell, MAYOR ATTEST: I �1\N u Shelley B. B. George, SECRET