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Home My WebLink AboutMin - City Council - 2010 - 11/09 - RegularALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2010 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 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 6:05 p.m. on Tuesday, November 9, 2010, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas The Workshop Session was recessed at 6.10 p.m. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 6.10 p.m. on Tuesday, November 9, 2010, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to: 1. Personnel Pursuant to Section 551.074 of the Texas Government Code Interview Applicants and Discuss Appointments to the Allen Community Development Corporation and Allen Economic Development Corporation. The Executive Session adjourned at 6.58 p.m. on Tuesday, November 9, 2010. 2. Reconvene Into Open Session. The Allen City Council reconvened into the Open Session at 6:58 p.m on Tuesday, November 9, 2010 No action was taken on items discussed during Executive Session. With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:59 p.m. on ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2010 PAGE 2 ETuesday. November 9, 2010. 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, November 9, 2010, to the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition Citizens' Comments. Staff Sergeant Matt Preston presented to the City Council a United States flag that had flown over his base in Iraq during his third deployment. Mayor Terrell recognized SSG Preston for his service to the United States and presented his wife, Amanda Preston, a Blue Star Flag. 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 adopt the items on the Consent Agenda as follows 2. Approve Minutes of the October 26, 2010, Regular Meeting. 3. Motion to Approve the Revised Concept Plan for Planned Development PD No. 104 Bethany Worship Center] Located at the Northeast Corner of Greenville Avenue and Rivercrest Boulevard. 4. Adopt an Ordinance Amending the Allen Code of Ordinances Chapter 7 Library Regulations and Provide that Fees Be Set by Resolution. ORDINANCE NO. 2961-11-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF ALLEN, TEXAS, BY AMENDING SECTIONS 7-2 BY AMENDING THE REGULATIONS REGARDING OVERDUE, LOST AND DAMAGED MATERIALS AND A BORROWER'S CARD; BY AMENDING SECTION 7-5 REGARDING LIBRARY THEFT; PROVIDING FOR THE ESTABLISHMENT OF LIBRARY FEES BY RESOLUTION OF THE CITY COUNCIL; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); AND PROVIDING AN EFFECTIVE DATE. 5. Adopt a Resolution Amending the Library Board's By -Laws to Change the Scheduled Times of the Regular Bi -Monthly Meetings as Recommended by the Library Board. RESOLUTION NO. 2962-11-1O(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN AMENDMENT TO THE BYLAWS OF THE ALLEN PUBLIC LIBRARY BOARD; PROVIDING A REPEALING CLAUSE; AND ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2010 PAGE 3 PROVIDING AN EFFECTIVE DATE. 6. Award Bid and Authorize the City Manager to Execute a Contract with Facility Solutions Group to Furnish and Install Energy Efficient Lighting Fixtures and Lamps in the Joe Farmer Recreation Center for $97,850 and establish a project budget of $107,850. 7. Award Bid and Authorize the City Manager to Execute a Contract with McMahon Contracting, L.P., in the Amount of $625,801.31 for 2011 Street and Alley Repair Project (Various Locations) and Establish a Project Budget in the Amount of $836,762. 8. Award Bid and Authorize the City Manager to Execute a Contract with Durable Specialties, Inc., for the Purchase and Installation of Streetlights on Greenville Avenue from Exchange Parkway to Stacy Road in the Amount of $137,000 and Establish a Project Budget in the Amount of $240,096. The motion carried. Reeular Aeenda 9. Consider All Matters Incident and Related to the Issuance and Sale of "City of Allen, Texas, General Obligation Refunding Bonds, Series 2010A," Dated November 1, 2010, Including the Adoption of an Ordinance Authorizing the Issuance of Such Bonds and Providing for the Redemption of Certain Outstanding Bonds of the City Being Refunded. ORDINANCE NO. 2963-11-10: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF ALLEN, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010A"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; PROVIDING FOR TI4E REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; 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, A BOND PURCHASE AGREEMENT AND A SPECIAL ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councdmember Obermeyer and a second by Mayor Pro Tem Stout, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2963-I1-10, as previously captioned, authorizing the issuance of $8,785,000 "City of Allen, Texas, General Obligation Refunding Bonds, Series 2010A", providing for the redemption of the bonds being refunded and approving and authorizing the execution of a Paying Agent/Registrar Agreement, a Bond Purchase Agreement and a Special Escrow Agreement and the approval and distribution of an Official Statement in relation to such Bonds. The motion carried 10. Adopt a Resolution Establishing and Amending Fees at the Allen Public Library. RESOLUTION NO. 2964-11-10(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES RELATED TO THE ALLEN PUBLIC LIBRARY; AND PROVIDING FOR AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2010 PAGE MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2964-11- 10(R), as previously captioned, establishing and amending fees at the Allen Public Library. The motion carried Mayor Terrell moved to Agenda Item 12. Other Business 12. Calendar. • November 1 I-13 – Western Heritage Festival • November 12-13 – Texas Stampede at the Allen Event Center • November 18 –Town Hall Meeting for the Parks Master Plan, Allen Event Center, 7 p m. 13. Items of Interest. • Rotary Club is hosting a Chili Cook -off on Saturday, November 13 at Dodies Restaurant. • The Allen Arts Alliance is hosting the Four Aces Club on Thursday, November 11. • Council wished happy birthday to Mayor Pro Tem Stout and Councilmember McGregor The Regular Meeting was recessed at 7 40 p.m. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 749 p.m. on Tuesday, November 9, 2010, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to: 14. Personnel Pursuant to Section 551.074 of the Texas Government Code — Interview Applicants and Discuss Appointments to the Allen Community Development Corporation and Allen Economic Development Corporation. The Executive Session adjourned at 9:00 p.m. on Tuesday, November 9, 2010. 15. Reconvene and Consider Action on Items Discusses during Executive Session. The Allen City Council reconvened into the Regular Meeting at 9:04 p.m. on Tuesday, November 9, 2010. The following action was taken on items discussed during Executive Session it. Consider Appointments to Fill Expiring Terms on the Allen Community Development Corporation Board and Allen Economic Development Corporation Board. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to appoint the following individuals to serve on the Allen Community Development Corporation: Place No. 2, George Chrisman, Place No. 4, Rebecca Tudor, and Place No. 6, Cheryl Lawson and to set a term expiration date of September 30, 2012. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2010 PAGE 5 13 No action was taken on appointments to the Allen Economic Development Corporation. Adjourn MOTION: Upon a motion made by Councilmember Herald and a second by Mayor Pro Tem Stout, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 9:05 p.m. on Tuesday, November 9, 2010. The motion carried. These minutes approved on the 23rd day of November, 2010. ATTEST: Shelley B. Geof-216, CITV SECRET Y E APPROVED: tep en errell, MAYOR