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Min - City Council - 2001 - 11/01 - RegularE C ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 1, 2001 Present Stephen Terrell, Mayor Councilmembers: Melissa Owen, Mayor Pro Tem (absent) Debbie Stout Richard Buchanan Bill Petty Susan Bartlemay (absent) Kenneth Fulk City Staff: 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 7'07 p.m. on Thursday, November 1, 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 the Bids Received for the Fitness Equipment for the Joe Farmer Recreation Center and the Don Rodenbaugh Natatorium • Discussion Regarding the Proposed Consolidated Alternative Transportation and Recreational Trail Plan Pledee of Alleeiance Public Recognition 1. Citizens' Comments. • Briefing by Dr. Joe Farmer Regarding the Collin County Bond Issue for Youth Camping and Related Outdoor Recreation and Education Facilities. 2. Recognition of the City of Allen as the Recipient of the Texas Corporate Recycling Council's Vision Award. 3. Presentation of a Proclamation from the Office of the Mayor. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 1, 2001 PAGE MOTION: Upon a motion made by Councilmember Fulk, the Council removed the following nem from the consent agenda 12. Award Bid and Authorize Execution of a Four Year Lease for Fitness Equipment for the Joe Farmer Recreation Center and the Don Rodenbaugh Natatorium. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Petty, the Council voted five (5) for and none (0) opposed to approve and adopt all remaining items on the consent agenda as follows: 4. Approve Minutes of the October 18, 2001, Regular Meeting. 5. Confirm the Appointment of Mr. Lonnie Thomas to Place No. 3 of the Allen Community Development Corporation. 6. Adopt a Resolution Authorizing an Agreement with the State of Texas Department of Transportation to Accept the 2001-2002 STEP WAVE (Selective Tragic Enforcement Program) Grant Award of $15,000. RESOLUTION NO.2002-11-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE STATE OF TEXAS, TO ACCEPT THE STEP WAVE GRANT AWARD; AND PROVIDING AN EFFECTIVE DATE. 7. Adopt a Resolution Authorizing an Agreement with the United States Department of Justice to Accept the COPS MORE 2001 (Community Oriented Policing Services) Grant Award of $268,763. RESOLUTION NO. 2003-11-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE STATE OF TEXAS, TO ACCEPT THE COPS MORE 2001 AWARD; AND PROVIDING AN EFFECTIVE DATE. 8. Adopt a Resolution Determining the Necessity for Acquisition of Property along Bethany Drive between Alma Drive and Be] Air Drive and Authorize the City Manager and City Attorney to File Proceedings in Eminent Domain to Acquire Such Property, if Necessary. RESOLUTION NO. 2004-11-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF STREET RIGHT-OF-WAY FOR BETHANY DRIVE AS DESCRIBED IN EXHIBIT "A" 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 AN EFFECTIVE DATE. • Presentation of a Proclamation to Marina Sukup, Director of Planning and Development, on behalf of the Planning Department, Recognizing November 14, 2001, as GISDay. • Presentation of a Proclamation to Members of the Keep Allen Beautiful Board and Donna Kliewer, Solid Waste/Recycling(Household and Hazardous Waste Coordinator, Recognizing November 15, 2001, as Texas Recycles Day. MOTION: Upon a motion made by Councilmember Fulk, the Council removed the following nem from the consent agenda 12. Award Bid and Authorize Execution of a Four Year Lease for Fitness Equipment for the Joe Farmer Recreation Center and the Don Rodenbaugh Natatorium. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Petty, the Council voted five (5) for and none (0) opposed to approve and adopt all remaining items on the consent agenda as follows: 4. Approve Minutes of the October 18, 2001, Regular Meeting. 5. Confirm the Appointment of Mr. Lonnie Thomas to Place No. 3 of the Allen Community Development Corporation. 6. Adopt a Resolution Authorizing an Agreement with the State of Texas Department of Transportation to Accept the 2001-2002 STEP WAVE (Selective Tragic Enforcement Program) Grant Award of $15,000. RESOLUTION NO.2002-11-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE STATE OF TEXAS, TO ACCEPT THE STEP WAVE GRANT AWARD; AND PROVIDING AN EFFECTIVE DATE. 7. Adopt a Resolution Authorizing an Agreement with the United States Department of Justice to Accept the COPS MORE 2001 (Community Oriented Policing Services) Grant Award of $268,763. RESOLUTION NO. 2003-11-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE STATE OF TEXAS, TO ACCEPT THE COPS MORE 2001 AWARD; AND PROVIDING AN EFFECTIVE DATE. 8. Adopt a Resolution Determining the Necessity for Acquisition of Property along Bethany Drive between Alma Drive and Be] Air Drive and Authorize the City Manager and City Attorney to File Proceedings in Eminent Domain to Acquire Such Property, if Necessary. RESOLUTION NO. 2004-11-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF STREET RIGHT-OF-WAY FOR BETHANY DRIVE AS DESCRIBED IN EXHIBIT "A" 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 AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 1, 2001 PAGE 9. Award Bid and Authorize Execution of a Purchase Order with Village Ford of Lewisville, Texas, the Lowest and Best Bidder, in the Amount of $81,000 for the Purchase of Four Police Pursuit Vehicles. Council authorized the City Manager to execute a purchase order with Village Ford of Lewisville, Texas, the lowest and best bidder, for the purchase of four police pursuit vehicles in an amount not to exceed $81,000. 10. Award Bid and Authorize Execution of a Purchase Order through the Houston -Galveston Area Council of Governments with Lawrence Marshall Chevrolet in the Amount of $36,078.87 for the Purchase of Two Vehicles for the Police Department's Criminal Investigation Division. Council authorized the City Manager to execute a purchase order through the Houston -Galveston Area Council of Governments with Lawrence Marshall Chevrolet in the amount of $36,078.87 for the purchase of two Chevrolet Impala vehicles for the Police Department's Criminal Investigation Division. 11. Award Bid, Revise the Total Project Budget to $5,472,750, and Authorize Execution of a Construction Contract with Gracon Construction, Inc., the Lowest and Best Bidder, in the Amount of $2,528,000 for the Expansion of the Stacy Road Pump Station. Council authorized the City Manager to execute a construction contract with Gracon Construction, Inc., flue lowest and best bidder, to construct the Stacy Road Pump Station Expansion for an amount not to exceed $2,528,000 and revise the total project budget to $5,472,750. The proposed budget for this ' project, which includes the pump station expansion, is as follows: Engineering $439.800 Construction (Ground Storage Reservoir) $2,070,212 Construction (Pump Station Expansion) $2,832,738 Testing Services $30,000 TOTAL $5,472,750 13. Authorize Execution of a Professional Services Contract with Birkhoff, Hendricks & Conway, L.L.P. for an Amount not to Exceed $48,750 to Update the Water and Wastewater Master Plan and the Impact Fee Study. Council authorized the City Manager to execute a professional services contract with Birkhoff, Hendricks & Conway, L.L.P to update the Water and Wastewater Master Plan and Impact Fee Calculation for an amount not to exceed $48,750. The scope of the project can be divided into the following categories, with the corresponding funding sources TASK AMOUNT FUND Water Distribution System Master Plan Update $13,450 Water/Sewer Operating Wastewater Collection System Master Plan $12,300 Water/Sewer Operating Water & Wastewater Impact Fee Update $11,500 Water/Sewer Operating Roadway Impact Fee Update $11,500 Street Operating { TOTAL $48,750 14. Approve an Agreement with Mr. Rick Pickard for the Purchase of Six Acres of Property Located at 304 N. Allen Drive for an Amount of $1,256,780 for the New Central Library and Civic Auditorium. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 1, 2001 PAGE Council authorized the City Manager to enter into an agreement with Mr. Rick Pickard for the purchase of approximately 6 acres of land located at 304 N. Allen Drive in the amount of $1,256,780 for the location of the new central library and civic auditorium. 15. Receive the Summary of Property Tax Collections as of September 2001. The motion carred. 12. Award Bid and Authorize Execution of a Four Year Lease for Fitness Equipment for the Joe Farmer Recreation Center and the Don Rodenbaugh Natatorium. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to authorize the City Manager to execute a four year lease contract with Fdco Fitness Center Outfitters, L.L.C., the lowest and best bidder, for the annual lease of fitness equipment for the Joe Farmer Recreation Center in the amount of $14,215.08 and the Don Rodenbaugh Natatorium in the amount of $43,798.92, and to further recognize an annual discount of $1,846.16. The motion carried. 16. CONTINUATION: Continuation of a Public Hearing and Adopt an Ordinance Amending Ordinance No. 1783-11-99 as Codified in Article XI of the Allen Land Development Code Regulating Impact Fees to Conform to the Requirements of Senate Bill 243 Adopted by the 77th Texas Legislature. Mayor Terrell stated that the public hearing was still open and asked for anyone speaking either for or against the request to do so at this time. With no one speaking, Mayor Terrell closed the public hearing ORDINANCE NO. 2005-11-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ARTICLE XI. IMPACT FEES OF THE ALLEN LAND DEVELOPMENT CODE TO CONFORM TO THE REQUIREMENTS OF SENATE BILL 243 ADOPTED BY THE 77TH TEXAS LEGISLATURE RELATING TO CAPITAL IMPROVEMENT PLAN AND LAND USE ASSUMPTIONS FOR WATER, WASTEWATER AND ROADWAY FACILITIES AND IMPACT FEES FOR WATER, WASTEWATER AND ROADWAY FACILITIES, PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No 2005-I1-01 as previously captioned The motion carried. Other Business 71 17. Calendar. • November l0—Texas Recycles Day/8 a.m.-1 p.m./City Hall Rotunda • November 12—Ribbon Cutting for the Opening of Stacy Road /9:00 a.m. • November 23 -January 1—Northern Lights Program • November 27—Boards and Commissions Dinner/EI Dorado Country Club ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 1, 2001 PAGE 5 18. Items of Interest. Executive Session Legal, Section 551.071; Property, Section 551.072; Personnel, Section 551.074. As Authorized by Section 551.071(2) of the Texas Government Code, this Meeting may be Convened into Closed Executive Session for the Purpose of Seeking Confidential Legal Advice from the Cir Attorney on any Agenda Item Listed Herein. (Closed to Public as Provided in the Texas Government Code.) • Personnel–Pursuant to Section 551.074 of the Texas Local Government Code to Discuss: ', Annual Performance Review of City Secretary The Executive Session was not held. 19. Reconvene and Consider Action on Items Discussed during Executive Session. MOTION: Upon a motion made by Councmimember Buchanan and a second by Councilmember Petty, the Council voted five (5) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:52 p.m. on Thursday, November 1, 2001. The motion carried. These minutes approved on the 15'" day of November, 2001. APPROVED: dik:dy Stephen Terrell, MAYOR ATTEST: �_LU G�L-,i /l d4hs�O Bili Jqdy Morr n, CMC/AAE, CITY SECRETARY • 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 5-8—National League of Cities/Atlanta, GA • December 24-25—City Offices Closed for Winter Holidays 18. Items of Interest. Executive Session Legal, Section 551.071; Property, Section 551.072; Personnel, Section 551.074. As Authorized by Section 551.071(2) of the Texas Government Code, this Meeting may be Convened into Closed Executive Session for the Purpose of Seeking Confidential Legal Advice from the Cir Attorney on any Agenda Item Listed Herein. (Closed to Public as Provided in the Texas Government Code.) • Personnel–Pursuant to Section 551.074 of the Texas Local Government Code to Discuss: ', Annual Performance Review of City Secretary The Executive Session was not held. 19. Reconvene and Consider Action on Items Discussed during Executive Session. MOTION: Upon a motion made by Councmimember Buchanan and a second by Councilmember Petty, the Council voted five (5) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:52 p.m. on Thursday, November 1, 2001. The motion carried. These minutes approved on the 15'" day of November, 2001. APPROVED: dik:dy Stephen Terrell, MAYOR ATTEST: �_LU G�L-,i /l d4hs�O Bili Jqdy Morr n, CMC/AAE, CITY SECRETARY