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Min - City Council - 2001 - 10/18 - RegularALLEN CITY COUNCIL REGULAR MEETING OCTOBER 18, 2001 Present: Stephen Terrell, Mayor Councilmembers: Melissa Owen, Mayor Pro Tem (absent) Debbie Stout Richard Buchanan Bill Petty Susan Bartlemay Kenneth Fulk City Staff: Peter H. Vargas, City Manager Judy Morrison, City Secretary Peter G. Smith, Attorney 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 7:13 p.m. on Thursday, October 18, 2001, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas Items discussed in the preceding workshop included: • Discussion Regarding Proposed Code of Conduct Ordinance • Demonstration of Opinion Ware Software Pledee of Allegiance Citizens' Comments. Presentation of a Proclamation from the Office of the Mayor. • Presentation of a Proclamation to Representatives of the Allen Chamber of Commerce Recognizing October 22-26, 2001, as Alien Chamber of Commerce Week, Consent Aeenda MOTION: Upon a motion made by Councdmember Bartlemay and a second by Councilmember Buchanan, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the consent agenda as follows: ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 18, 2001 PAGE 2 L3. Approve Minutes of the October 4, 2001, Regular Meeting. 4. Adopt a Resolution in Support of Proposition 15 on the State Ballot to Establish a Texas Mobility Fund. RESOLUTION NO. 1997-10-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ENCOURAGING CITIZENS TO VOTE ON PROPOSITION 15 ON THE NOVEMBER 6, 2001, STATE BALLOT WHICH WILL, IF PASSED BY TEXAS VOTERS, ESTABLISH THE TEXAS MOBILITY FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF 5. Adopt a Resolution Approving an Amendment to the Bylaws of the Community Development Corporation. RESOLUTION NO. 1998-10-OI(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN AMENDMENT TO THE BYLAWS OF THE ALLEN COMMUNITY DEVELOPMENT CORPORATION; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. This amendment allows for Board Members to serve three consecutive terms. Therefore, the appointment of Lonnie Thomas to the Community Development Corporation, made on September 20, 2001, by the City Council will take effect immediately with his appointment expiring September 30, 2003. Mr. Thomas will receive his Oath -of -Office and Certificate -of -Appointment through the City Secretary's office. 6. Adopt a Resolution Authorizing Execution of an Interlocal Agreement with Allen Independent School District for the Joint Use of Certain Facilities at Boyd Elementary School. RESOLUTION NO. 1999-10-01(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 ALLEN INDEPENDENT SCHOOL DISTRICT FOR THE JOINT USE OF CERTAIN FACILITIES AT BOYD ELEMENTARY SCHOOL, AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. 7. Adopt a Resolution Renewing and Extending the Policy Statement for Tax Abatement Guidelines for the City of Allen. RESOLUTION NO. 2000-10-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, RENEWING AND EXTENDING THE POLICY STATEMENT FOR TAX ABATEMENT GUIDELINES; AND PROVIDING AN EFFECTIVE DATE. 8. Authorize an Agreement with HBC Engineering, Inc., for an Amount not to Exceed $29,187 for the Construction Materials Testing Services for the Stacy Road Pump Station Expansion and the Six Million Gallon Ground Storage Reservoir Project. Council authorized the City Manager to execute an agreement with HBC Engineering, Inc., to provide construction materials testing services for the Stacy Road Pump Station Expansion and Six Million Gallon Ground Storage Reservoir Project for an amount not to exceed $29,187 ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 18, 2001 PAGE Funding for the testing services will be paid out of the operating fund The existing budget for the entire project remains unchanged and is as follows, Engineering $439,800.00 Construction (Ground Storage Reservoir) $2,070,212.00 Construction (Pump Station Expansion) 2,869,988 00 Testing Services $30,000.00 Contingency $100,000.00 Total $5,510,000.00 9. Authorize a Professional Engineering Services Contract with Birkhoff, Hendricks & Conway, L.L.P., in the Amount of $336,950 for the Design to Expand SH 5 to a Six -Lane Divided Roadway from Exchange Parkway to Stacy Road. Council authorized the City Manager to execute a professional engineering services contract with Birkhoff, Hendricks & Conway, L.L.P., in the amount of $336,950 for the design to expand SH 5 to a six -lane divided roadway from Exchange Parkway to Stacy Road. 10. Authorize a Professional Engineering Services Contract with Hinkley & Barfield, Inc., for an Amount not to Exceed $281,900 for the Design of Expanding Exchange Parkway from SH 5 to Angel Parkway and Establish a Project Budget of $3,732,000. Council authorized the City Manager to execute a professional engineering services contract with Hinkley & Barfield, Inc., for an amount not to exceed $281,900 and establish a project budget of $3,732,000 for the design of expanding Exchange Parkway from SH 5 to Angel Parkway The project budget and costs are. Project Cost The funding for the design of these two protects will come from Water & Sewer Bonds and will cost Proposed Project Funding $209,550 The breakdown is as follows: Engineering $300,000 Ola Construction Exchange $2,367,000 Existing Bond Proceeds $458,000 Construction Angel $276,000 FY2002 Bond Proceeds $2,689,000 Land Acquisition $475,000 Traffic Signal Bond Proceeds $275,000 Contingency (9.99%) $314,000 Existing Facility Agreement $310,000 TOTAL $3,732,000 TOTAL $3,732,000 it. Authorize a Professional Engineering Services Contract with Halff Associates, Inc., for the Design of the Ola and Cottonwood Creek Sanitary Sewer Replacement Projects for an Amount not to Exceed $209,550. Council authorized the City Manager to execute a professional engineering services contract with Halff Associates, Inc., for an amount not to exceed $209,550 for the design of the Ola and Cottonwood Creek Sanitary Sewer Replacement Projects. The funding for the design of these two protects will come from Water & Sewer Bonds and will cost $209,550 The breakdown is as follows: Ola Cottonwood Creek Basic Services $46,500 Basic Services $69,150 Special Services $49,350 Special Services $44,550 TOTAL $95,850 TOTAL $113,700 ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 18, 2001 PAGE 4 12. Approve the Purchase of Six Standard Ranger Pick-ups, One Extended Cab Ranger Pick-up, and One F150 Pick-up from Philpott Ford through the Houston -Galveston Area Council of Governments for a Total Cost not to Exceed $112,004.06. 13. Authorize Execution of a Contract with Andy and Christine Powell for the Purchase of Property Described as Lot 4AL Block D, Allen Original Donation, for Approximately $12,450. Council authorized the City Manager to execute a contract with Andy and Christine Powell for the purchase of property described as Lot 4A1, Block D, Allen Original Donation, for $1.50 per sq. ft. with the lot size approximately 8300 sq. ft. 14. Award Bid, and Authorize Execution of a Contract with Corporate Source, Ltd., the Lowest and Best Bidder, for the Purchase and Installation of Furniture for the Don Rodenbaugh Natatorium for an Amount of $72,371.47. Council authorized the City Manager to execute a contract with Corporate Source, Ltd., the lowest and best bidder, for the purchase and installation of furniture for the Don Rodenbaugh Natatorium for an amount not to exceed $72,371.47 15. Authorize the City Manager to Rescind the Bid Award to Bodyworks Fitness Equipment, Inc., and Rebid the Fitness Equipment for the Don Rodenbaugh Natatorium and the Joe Farmer Recreation Center, 16. Receive the CIP (Capital Improvement Program) Status Report. The motion carried. 17. Conduct a Public Hearing and Adopt an Ordinance Amending Ordinance No. 1783-11-99 as Codified in Article 11 of the Allen Land Development Code to Conform to the Requirements of SB 243 Adopted by the 77th Legislature Relating to the Capital Improvements Plan, Land Use Assumptions and Impact Fees for Capital Improvements for Water, Wastewater and Roadway Facilities. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so. Mayor Terrell announced the public hearing would be continued to the November 1, 2001, regular meeting. 18. Adopt a Resolution Supporting the Cities of Frisco, McfGnney, and Plano with the Intent to Consider Planning and Funding the Construction and Maintenance of a Joint Use Center for the Performing Arts. RESOLUTION NO. 2001-10-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING THE CITIES OF FRISCO, MCKINNEY, AND PLANO WITH THE INTENT TO CONSIDER PLANNING AND FUNDING THE i CONSTRUCTION AND MAINTENANCE OF A CENTER FOR THE PERFORMING ARTS TO BE USED JOINTLY BY THESE ENTITIES; AND PROVIDING AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 18, 2001 PAGE 5 MOTION: Upon a motion made by Councdmember Bartlemay and a second by Councdmember Stout, the Council voted six (6) for and none (0) opposed to adopt Resolution No. 2001-10-01(R) as previously captioned. The motion carried. Other Business 19. Calendar. • October 22—Early voting begins for the November 6 election • October 26-27—City of Allen Haunted House and Booville/5-11 p.m./Joe Farmer Recreation Center • October 27 Allen Community Outreach Fall Dinner Dance–Motown Magic/6:30 p.w Southfork Ranch/reservations required • November 10—Texas Recycles Day/8 a.m: I p.m./City Hall Rotunda • November 23 -January 1 --Northern Lights Program • November 27—Boards and Commissions Dinner/EI Dorado Country Club • November 28-30—Texas Municipal League Conference (TML)/Houston • November 30—Christmas Tree Lighting/7-9 p.m./City Hall Complex • December 1—Rudolph Run/8-10 a.m./Allen Senior Center • December 5-8National League of Cities/Atlanta, GA 20. Items of Interest. The regular session recessed at 7:36 p.m. Executive Session In accordance with the Texas Local 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 7:55 p.m. on Thursday, October 18, 2001, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: Legal–Pursuant to Section 551.071 of the Texas Local Government Code to Discuss Status of Existing Lawsuits Y City of Allen vs CAPAD Communications Systems, Inc. Y Fraley vs City of Allen Y Consult with City Attorney for Possible Litigation/Richard Connelly The Executive Session adjourned at 8'20 p.m. on Thursday, September 20, 2001. 21. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 8.23 p no. on Thursday, October 18, 2001, in the Council Chambers of the Allen City Hall. No action was taken at this time on items discussed { during Executive Session. 2 ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 18, 2001 PAGE 6 Adjourn MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:25 p.m. on Thursday, October 18, 2001. The motion carried. These minutes approved on the I" day of November, 2001. ATTEST: ��//�(� Jddy Mo on, CMC/AAE, CITY SECRETARY I APPROVED: 'J� 4�2 Stephen Terrell, MAYOR