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Home My WebLink AboutMin - City Council - 2002 - 12/10 - RegularKenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Bill Petty (absent) Susan Bartlemay Jeff McGregor City Staff: ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 10, 2002 Peter H. Vargas, City Manager Judy Morrison, City Secretary Peter G. Smith, 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 7:11 p.m. on Tuesday, December 10, 2002, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: • Briefing Regarding the 2002-2022 Comprehensive Plan Pledee of Allegiance 1. Citizens' Comments. • City Secretary Judy Morrison read a letter dated December 3, 2002, from Bill Petty rescinding his resignation letter. 2. Recognition of the Human Resources Department as the Recipient of the Risk Management Achievement Award from the Texas Public Risk Management Association. 3. Recognition of the Police Department as the recipient of the 1001 National Night Out Award. I Present Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Bill Petty (absent) Susan Bartlemay Jeff McGregor City Staff: ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 10, 2002 Peter H. Vargas, City Manager Judy Morrison, City Secretary Peter G. Smith, 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 7:11 p.m. on Tuesday, December 10, 2002, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: • Briefing Regarding the 2002-2022 Comprehensive Plan Pledee of Allegiance 1. Citizens' Comments. • City Secretary Judy Morrison read a letter dated December 3, 2002, from Bill Petty rescinding his resignation letter. 2. Recognition of the Human Resources Department as the Recipient of the Risk Management Achievement Award from the Texas Public Risk Management Association. 3. Recognition of the Police Department as the recipient of the 1001 National Night Out Award. I ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 10, 2002 PAGE 2 MOTION: Upon a motion made by Councilmember Stout and a second by Councdmember Bartlemay, the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda as follows - 4. Approve Minutes of the November 26, 2002, Regular Meeting. 5. Motion to Cancel the December 24, 2002, City Council Meeting. 6. Adopt a Resolution Authorizing the City of Allen to Conduct Transactions with J.P. Morgan Institutional Investments, Inc. and Designating Authorized Representatives. RESOLUTION NO. 2119-12-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING AND AUTHORIZING CITY REPRESENTATIVES TO CONDUCT TRANSACTIONS WITH IT MORGAN INSTITUTIONAL INVESTMENTS INC.; AND PROVIDING AN EFFECTIVE DATE. 7. Adopt a Resolution Authorizing Participation in TexPool/TexPool Prime and Designating Authorized Representatives. RESOLUTION NO. 2120-12-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING PARTICIPATION IN TEXPOOL/TEXPOOL PRIME AND DESIGNATING AUTHORIZED REPRESENTATIVES, AND PROVIDING AN EFFECTIVE DATE 8. Adopt a Resolution Relating to Economic Development Corporation that will Limit the Private, Direct Solicitation of Companies within Collin County. RESOLUTION NO. 2121-12-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CH Y OF ALLEN, COLLIN COUNTY, TEXAS, RELATNG TO ECONOMIC DEVELOPMENT COOPERATION; AND PROVIDING AN EFFECTIVE DATE. 9. Adopt a Resolution Authorizing the Submission of a Grant Application to the State of Texas Criminal Justice Division. RESOLUTION NO. 2122-12-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR FUNDING OF A JUVENILE CRIME DIVERSION PROGRAM TO THE STATE OF TEXAS CRIMINAL JUSTICE DIVISION FOR CONSIDERATION FOR FUNDING UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM; ACKNOWLEDGING A TEN PERCENT LOCAL MATCH FOR OVERALL PROJECT COST FOR ANY APPROVED FUNDED PROJECT, AND PROVIDING AN EFFECTIVE DATE. 10. Adopt a Resolution Requesting the Removal of Greenville Avenue (SH 5) from the Texas Department of Transportation Highway System from the Southern City Limit Line through Lthe Intersection of Exchange Parkway. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 10, 2002 PAGE 3 RESOLUTION NO. 2123-12-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REQUESTING THE REMOVAL OF GREENVILLE AVENUE (SH 5) FROM THE TEXAS HIGHWAY SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. it. Authorize Execution of a Professional Services Contract with Birkhoff, Hendricks & Conway, L.L.P. for the Design of Street Lights for Greenville Avenue from Chaparral Road to Exchange Parkway. Council authorized the City Manager to execute a professional services contract with Birkhoff, Hendricks & Conway, C.L.P., for the design of street lights for Greenville Avenue, from Chaparral Road to Exchange Parkway, for an amount not to exceed $48,800. 12. Award Bid and Authorize Execution of Contracts with VMC Landscape Services, Inc.; Tandem Mowing Service; Blade Turners Maintenance; Grass Eaters; and American Landscape Systems for Maintenance Mowing Services for Medians, Greenbelts, and Municipal Properties. Council authorized the City Manager to execute contracts totaling $263,736.75 for mowing maintenance services for medians, greenbelts, and municipal properties to the lowest and best bidders: VMC Landscape Services, Inc. for $86,782; Tandem Mowing Service for $82,804; Blade Tumers Maintenance for $65,356, Grass Eaters for $21,289 75, and American Landscape Systems for $7,505 13. Award Bid and Authorize Execution of a Construction Contract with Site Concrete, Inc. for the Widening of Exchange Parkway. Council authorized the City Manager to execute a construction contract with Site Concrete, Inc, the lowest and best bidder, for construction of the Exchange Parkway Widening Project for an amount not to exceed $2,333,000. 14. Receive and Accept the Quarterly Financial Report for the Period Ending September 30, 2002. 15. Receive the Summary of Property Tax Collections as of October 2002. The motion carried. Regular Agenda 16. TABLED ITEM: Confirmation of a Variance for the Wal Mart Neighborhood Market Located at the Southwest Corner of Exchange Parkway and Angel Parkway as Approved by the Sign Control Board Regarding a Sign on the North Face of the Structure. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Mayor Pro Tem Full-, the Council voted six (6) for and none (0) opposed to remove this item from the table. The motion carred. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 10, 2002 PAGE MOTION: Upon a motion made by Councilmember Obermeyer and a second by Mayor Pro Tem Full-, the Council voted six (6) for and none (0) opposed to deny additional square footage on the north face of the structure for the Wal Mart Neighborhood Market sign The motion carred. Council requested staff and the Sign Board revisit the ordinance dealing with these issues. 17. Consider all Matters Incident and Related to the Issuance and Sale of "City of Allen, Texas, General Obligation Refunding Bonds, Series 2003," dated January 1, 2003, including the Adoption of an Ordinance Authorizing the Issuance of Such Bonds and Providing for the Redemption of Certain Outstanding Bands of the City. ORDINANCE NO. 2124-12-02: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF ALLEN, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003", 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/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT, PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Falk and a second by Councilmember McGergor, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2124-12-02 as previously captioned. The motion tamed 18. Adopt an Ordinance Amending the Code of Ordinances, Chapter 14, "Utilities," by Amending the Water and Sewer Rates. ORDINANCE NO. 2125-12-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 14, "UTILITIES" TO AMEND WATER AND SEWER RATES; PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND ($2000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2125-12-02 as previously captioned. The motion carred. 19. Adopt a Resolution Determining the Necessity for Acquisition of Four Parcels of Land along Bethany Drive between US 75 and Allen Heights Drive and Authorize the City Manager and the City Attorney to Initiate Eminent Domain Proceedings, If Necessary, for Acquisition of �'` these Properties. LRESOLUTION NO. 2126-12-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY i OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 10, 2002 PAGES ACQUISITION OF STREET RIGHT-OF-WAY FOR BETHANY DRIVE AS DESCRIBED IN EXHIBITS "A," 'B," AND "C," ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE RIGHT-OF-WAY; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) opposed to adopt Resolution No. 2126-12-02(R) as previously captioned. The motion camed Other Business 20. Calendar. • December 12—Boards and Commissions Dinner/Allen Hilton Garden hnJ7 00 p in. • December 24-25 – City Offices Closed in Observance of Christmas • January 1 – City Offices Closed in Observance of New Year's Day • January 6 –TRIAD Meetmg/6.00 p.m. 21. Items of Interest. In accordance with the Texas Government Code, Legal, Section 551.071; Property, Section 551.072; Personnel, Section 551.074; Staff Presentations, Section 551.075; the Allen City Council convened into Executive Session at 9:00 p.m. on Tuesday, December 10, 2002, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • Personnel–Pursuant to Section 551.074 of the Texas Government Code Regarding the Annual Performance Review of the City Manager The Executive Session adjourned at 9'25 p.m. on Tuesday, December 10, 2002. 22. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 9:26 p.m on Tuesday, December 10, 2002, in the Council Chambers of the Allen City Hall No action was taken on items discussed during Executive Session MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Oberrneyer, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9:27 p.m on Tuesday, December 10, 2002. The motion carried. The regular session recessed at 8.58 p.m. Executive Session In accordance with the Texas Government Code, Legal, Section 551.071; Property, Section 551.072; Personnel, Section 551.074; Staff Presentations, Section 551.075; the Allen City Council convened into Executive Session at 9:00 p.m. on Tuesday, December 10, 2002, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • Personnel–Pursuant to Section 551.074 of the Texas Government Code Regarding the Annual Performance Review of the City Manager The Executive Session adjourned at 9'25 p.m. on Tuesday, December 10, 2002. 22. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 9:26 p.m on Tuesday, December 10, 2002, in the Council Chambers of the Allen City Hall No action was taken on items discussed during Executive Session MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Oberrneyer, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9:27 p.m on Tuesday, December 10, 2002. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 10, 2002 PAGE 6 iThese nunutes approved on the 14' day of January, 2003. APPROVED: o Stephei MAYOR ATTEST: Shelley B. Gear, , ACTING CITY SECRETARY