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Min - City Council - 2002 - 04/18 - RegularALLEN CITY COUNCIL REGULAR MEETING APRIL 18, 2002 Present: Stephen Terrell, Mayor Councilmembers: Melissa Owen, Mayor Pro Tem Debbie Stout (absent) Richard Buchanan Bill Petty Susan Bartlemay Kenneth Fulk City Staff: Peter H. Vargas, City Manager 7udy Morrison, City Secretary 1 Peter G. Smith, Attorney i 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 7:01 p.m. on Thursday, April 18, 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 Bond Sale of Approximately $13,000,000 in General Obligation Bonds • Update Regarding the Citizen Survey for the 2002-2022 Comprehensive Plan Pledge of Allegiance Public Recognition 1. Citizens' Comments. • Firefighter Robert Richards spoke on behalf of the Allen Professional Firefighters Association. He stated that he felt the Municipal Messenger was political and misleading to the public. • Firefighter W B. Bowland spoke on behalf of the Public Safety for Civil Service, a specific purpose committee. He stated that a majority of both police officers and firefighters support the civil service proposition and had jointly pursued the issue He expressed concern over issues i addressed in the Municipal Messenger and felt that it was a misuse of public funds He also ALLEN CITY COUNCIL REGULAR MEETING APRIL 18, 2002 PAGE stated that the civil service issue was not related to AFL-CIO as mentioned in the Municipal Messenger. • Mr. Kurt Kizer, President of the Leadership Allen Class XIII provided an update regarding the Citizen Survey for Comprehensive Plan Update 2. Administer Oath -of -Office and Present Certificate -of -Appointment to Ms. Maxine Sweet, Newly Appointed Member of the Allen Economic Development Corporation Board. 3. Presentation of a Proclamation from the Office of the Mayor. • Presentation of a Proclamation to Barbara Buehler, Library Director, on behalf of the Allen Public Library, Proclaiming April 14-20, 2002, as National Library Week Consent Agenda MOTION: Upon a motion made by Councilmember Buchanan and a second by Councilmember Petty, the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda as follows 4. Approve Minutes of the April 4, 2002, Regular Meeting. 5. Award Bid and Authorize Execution of Contracts to the Lowest and Best Bidders Comprised of True Green Lawn Care for $27,974.90; VMC Inc. for $3,556; and American Landscape Systems for $1,190 for a Total not to Exceed an Amount of $32,720.90 for Mowing Services of the City of Allen Medians, Greenbelts and Municipal Properties. Council authorized the City Manager to execute contracts for mowing maintenance services for medians, greenbelts, and municipal properties, for a total not to exceed an amount of $32,720.90, to the lowest and best bidders, True Green Lawn Care for $27,974.90, VMC Inc. for $3,556; and American Landscape Systems for $1,190. 6. Award Bid and Authorize Execution of a Contract with D&A Irrigation, the Lowest and Best Bidder, for an Amount not to Exceed $315,551.80 and Re-establish a Total Project Budget for Stacy Road between Chelsea Boulevard and SH 121 at $9,832,085. Council authorized the City Manager to execute a contract with D&A Irrigation to install landscaping and irrigation along Stacy Road between Chelsea Boulevard and SH 121 for an amount not to exceed $315,551.80 and re-establish a total project budget for Stacy Road at $9,832,085 7. Rejection of Bids for the Alma Drive Widening Construction Project. 8. Authorize Execution of an Agreement with Collin County Identifying the Jurisdiction with Authority to Regulate Subdivisions of Land and Approve Related Permits within the Extraterritorial Jurisdiction of a Municipality. Council authorized the City Manager to execute an Agreement with Collin County granting exclusive jurisdiction to the City of Allen to regulate subdivisions of land and approve related permits within ALLEN CITY COUNCIL REGULAR MEETING APRIL 18, 2002 PAGE its extraterritorial ,jurisdiction and to accept applications for plats, fee payments and provide responses 9. Authorize Execution of a Contract with Purelyonline Communications, Inc. for a Five -Year Term Contract with an Option for Five Additional Five -Year Terms at $15,000 per Year with a Rate Increase of 15% each Term for Cellular Antennae to be Placed on the Bethany Water Tower. Council authorized the City Manager to execute a contract with Purelyonlme Communications, Inc. for a five-year term contract with an option for five additional five-year terms at $15,000 per year with a rate increase of 15% each term for cellular antennae to be placed on the Bethany Water Tower. 10. Accept Resignations from Ms. Debra Sielert, Place No. 1 on the Allen Arts Alliance and from Mr. Jeff Gough, Place No. 5 on the Community Development Corporation Board. 11. Receive the CIP (Capital Improvement Program) Status Report. The motion earned. Reeular Aeenda 12. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from Planned Development District No. 3 -Light Industrial to "LR" Local Retail on 4± Acres of Land Located at the Northeast Corner of Prestige Circle and Bethany Drive. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so With no one speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2040-4-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD -3 PLANNED DEVELOPMENT DISTRICT NO. 3 TO "LR" LOCAL RETAIL ON 4 587± ACRES IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, 2 518± ACRES BEING TRACT Al, REPLAT OF ALLEN BUSINESS CENTRE, AND 2.069± ACRES BEING TRACT A2R, REPLAT OF ALLEN BUSINESS CENTRE TRACT A2, CITY OF ALLEN, COLLIN COUNTY, TEXAS, FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE MOTION: Upon a motion made by Mayor Pro Tem Owen and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 20404-02 as previously captioned The motion tamed. ALLEN CITY COUNCIL REGULAR MEETING APRIL 18, 2002 PAGE 4 E13. Presentation Regarding the Teen Court and First Offenders Program. Municipal Court Judge Linda Hopper provided an update on the Allen Teen Court and First Offenders Program. 14. Consider All Matters Incident and Related to the Issuance and Sale of $13,000,000 General Obligation Bonds, Series 2002, Including the Receipt of Bids Therefor, and the Adoption of an Ordinance Authorizing the Issuance of Such Bonds for the Library, Streets and Parks and Recreation Projects. ORDINANCE NO. 20414-02: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF ALLEN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2002" SPECIFYING THE TERMS AND FEATURES OF SAID BONDS, LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS, PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING BONDS 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 AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Fulk, the Council voted six (6) for and none (0) opposed to accept the bid of UBS Pamewebber, Inc. for the purchase of General Obligation Bonds, Series 200 at a true interest cost rate of 4.910273% and approve and adopt Ordinance No 20414-02 as previously captioned. The motion carred. 15. Appoint a Member to the North Texas Municipal Water District Board for a Two -Year Term Effective June 1, 2002, through May 31, 2004. MOTION: Upon a motion made by Councilmember Petty and a second by Councilmember Fulk, the Council voted six (6) for and none (0) opposed to reappoint Dr. Joe Farmer to the North Texas Municipal Water District Board as a representative for the City of Allen for a two-year term effective June 1, 2002, through May 31, 2004. The motion carried. Other Business 16. Calendar. • April 17 -April 30—Early Voting for May 4 Election • April 20—Great American Trash-Off/8:00 a m.-1:00 p.m./Watters Road at Ramtree Circle • April 26—Dedication of Allen's Historic Stone Dam Site/3:00 p.m • April 27 --Grand Opening of new Central Fire Station and Retirement Party for Chief Gentry/10 a.m. - Noon • May 4—Election Day • May %--Official Canvass of Election Returns • May 9—Community Planning Workshop/Community Facilities Services ALLEN CITY COUNCIL REGULAR MEETING APRIL 18, 2002 PAGE 5 E• May 13 —TRIAD Meeting/6:00 p.m./Allen Public Library Meeting Room 17. Items of Interest. The regular session recessed at 7:59 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 8.15 p.m. on Thursday, April 18, 2002, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • Property, Section 551.072—Purchase of Paxton Property • Property, Section 551.072 Purchase of Espinosa Tract for Central Library and Civic Auditorium The Executive Session adjourned at 8:26 p.m. on Thursday, April 18, 2002. 18. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 8:30 p.m. on Thursday, April 18, 2002, in [he Council Chambers of the Allen City Hall. The following action was taken on items discussed fits dung Executive Session: • Property, Section 551.072—Purchase of Paxton Property MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Buchanan, the Council voted six (6) for and none (0) opposed to authonze the City Manager to execute a contract with Mr. Ward Paxton to purchase the Paxton Property for an amount not to exceed $588,343.14, and to execute a contract with the Allen Parks Foundation to hold the title in Trust for said property. The motion carred. • Property, Section 551.072Purchase of Espinosa Tract for Central Library and Civic Auditorium MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Owen, the Council voted six (6) for and none (0) opposed to authorize the City Manager to execute a contract with Mrs. Lillie Espinosa for the purchase of the property located on Austin Street (approximately 2/3 acre) in the amount of $106,757 plus closing costs for the location of the new central library and civic auditorium. The motion carred MOTION: Upon a motion made by Mayor Pro Tem Owen 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 8.32 p.m. on Thursday, April 18, 2002. The motion carred ALLEN CITY COUNCIL REGULAR MEETING APRIL 18, 2002 These minutes approved on the 2'a day of May, 2002. ATTEST: 6: ✓ D7a2t,r�C�— J y Mo .son, CMC/AAE, CITY SECRETARY APPROVED: tephen Ir 111, MAYOR PAGE