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Min - City Council - 2002 - 08/13 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 13, 2002 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk Mayor Pro Tem Debbie Stout Ross Obermeyer Bill Petty Susan Bardemay Jeff McGregor City Starr: With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7 12 p.m on Tuesday, August 13, 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: • Introduction of Kevin Hammeke, Finance Director • Questions Regarding the Arts of Collin County (Performing Arts Center) Pledge of Allegiance 1. Citizens' Comments. • Mr. Lonnie Thomas, 610 English Oak, Allen, Texas, spoke on behalf of the Arts of Collin County. He expressed support for the Joint effort to provide an arts facility for all of Collin County. He asked Council to support this project and reminded Council that collaborating with other entities has always insured a superior product in the past and will again in the future. �i Staff requested the following item be removed from the consent agenda for consideration at a future City Council meeting 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 12 p.m on Tuesday, August 13, 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: • Introduction of Kevin Hammeke, Finance Director • Questions Regarding the Arts of Collin County (Performing Arts Center) Pledge of Allegiance 1. Citizens' Comments. • Mr. Lonnie Thomas, 610 English Oak, Allen, Texas, spoke on behalf of the Arts of Collin County. He expressed support for the Joint effort to provide an arts facility for all of Collin County. He asked Council to support this project and reminded Council that collaborating with other entities has always insured a superior product in the past and will again in the future. �i Staff requested the following item be removed from the consent agenda for consideration at a future City Council meeting ALLEN CITY COUNCIL REGULAR MEETING AUGUST 13, 2002 PAGE 2 7. Authorize Execution of a Facilities Agreement with Papagolos Development Company Regarding the Construction of Angel Parkway Improvements in Conjunction with Auburn Springs. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on the consent agenda as follows: 2. Approve Minutes of the July 23, 2002, Regular Meeting. 3. Set August 27, 2002, as the Public Hearing Date Regarding the City Budget in Accordance with Article IV, Section 4.04 of the City Charter. 4. Set August 27, 2002, as the Public Hearing Date Regarding the Fiscal Year 2002-2003 City Tax Rate in Accordance with the Texas Truth -in -Taxation Statute and Take a Record Vote of the Proposed Tax Rate. 5. Adopt the Following Ordinances Establishing Pro Rata Charges as a Prerequisite to Utilizing the Capacity of Specified Waterlines According to the Facilities Agreement with the Fairview Baptist Church: (A) Waterline Located Contiguous to Said Property being Developed on Each Side of and Adjacent to Ridgeview Drive; ORDINANCE NO. 2076-8-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR ESTABLISHING PRO BATA CHARGES AS A PREREQUISITE TO UTILIZING THE CAPACITY OF A SPECIFIED WATER LINE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, AND PROVIDING FOR AN EFFECTIVE DATE (B) Waterline Located Contiguous to Said Property being Developed on the South Side of and Adjacent to State Highway 121. ORDINANCE NO. 2077-8-02: AN ORDINANCE OF THE C FY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR ESTABLISHING PRO RATA CHARGES AS A PREREQUISITE TO UTILIZING THE CAPACITY OF A SPECIFIED WATER LINE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, AND PROVIDING FOR AN EFFECTIVE DATE. 6. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, "Motor Vehicles and Traffic," Establishing a Speed Limit on Designated Portions of Cheyenne Drive, Cassandra Lane, Hillcrest Drive, and Suzanne Drive as School Zones for Bolin Elementary School. ORDINANCE NO. 2078-8-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION OF ALLEN CITY COUNCIL REGULAR MEETING AUGUST 13, 2002 PAGE VEHICLES," DIVISION 2, "SPEED REGULATIONS," SECTION 9-137(b) TO ADD SUBSECTION (16), DESIGNATING CERTAIN PORTIONS OF CHEYENNE DRIVE, CASSANDRA LANE, HILLCREST DRIVE, SUZANNE DRIVE AS SCHOOL ZONES FOR BOLIN ELEMENTARY SCHOOL WITH A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY (20) MILES PER HOUR FOR MOTOR VEHICLES, PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. Award Bid and Authorize the City Manager to Negotiate and Execute a Construction Contract with ICON Construction, the Lowest and Best Bidder, in the Amount of $159,662.77 for the Construction of Playgrounds at Reed Park, Cottonwood Bend Park, and Ford Park West. 9. Award Bid and Authorize Execution of a Construction Contract with Weir Brothers Construction, Inc., the Lowest and Best Bidder, in the Amount of $196,196 for the Construction of Ridgeview Drive Improvements, and Establish a Total Project Budget of $228,000. Council authorized the City Manager to execute a contract with Weir Brothers Construction, Inc., the lowest and best bidder, for the construction of the Ridgeview Dnve Improvements for an amount not to exceed $196,196 and establish a total project budget of $228,000. 10. Award Bid and Authorize Execution of a Construction Contract with Peach Tree Construction, the Lowest and Best Bidder, in the Amount of $324,453.50 for the Construction of the Asphalt Mill and Overlay Project and Establish a Project Budget of $568,800. Council authorized the City Manager to execute a contract with Peach Tree Construction, the lowest and best bidder, to construct the Asphalt Mill & Overlay Project for an amount not to exceed $324,453.50, transfer $70,000 from Fund 001 to Fund 390, and establish a project budget of $568,800. it. Authorize Execution of Change Order #1 with Peach Tree Construction Increasing the Original Contract Amount of the Asphalt Mill and Overlay Project by $64,890.70 for a Total Contract Amount of $389,344.20. Council authorized the City Manager to execute Change Order #1 with Peach Tree Construction increasing the original contract amount of the Asphalt Mill & Overlay Project by $64,890.70, making the total contract amount $389,344.20. 12. Accept Resignations and Declare Vacancies in the Cable TV and Telecommunications Advisory Committee, the Planning and Zoning Commission, and the Allen Arts Alliance. Council accepted the resignations of Ms. Dee Hennigan, Ms. Paula Bradley, and Ms. Lauri Blake and declared a vacancy in Place No. 5 of the Allen Arts Alliance, Place No. 6 of the Cable TV and Telecommunications Advisory Committee, and Place No. 6 of the Planning and Zoning Commission. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 13, 2002 PAGE 4 The motion carried. Regular Agenda 13. Adopt an Ordinance Approving Amendments to Chapter 8, Article III, Section 8-61 (7), (17) and (18) to Amend the Definitions of Home Solicitation, Solicitation, and Solicitation of Funds. ORDINANCE NO. 2079-8-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 8, ARTICLE III, SECTION 8-61 (7), (17) AND (18) TO AMEND THE DEFINITIONS OF HOME SOLICITATION, SOLICITATION AND SOLICITATION OF FUNDS, PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 2079-8-02 as previously captioned. The motion carred. 14. Adopt a Resolution Authorizing Execution of an Interlocal Agreement with the City of Plano Pursuant to Chapter 791 of the Texas Government Code to Participate in a Pesticide Application for Mosquito Control Program. RESOLUTION NO. 2080-8-02(Rl: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS AND THE CITY OF PLANO, TEXAS PURSUANT TO CHAPTER 791 OF THE TEXAS GOVERNMENT CODE TO PARTICIPATE IN A PESTICIDE APPLICATION FOR MOSQUITO CONTROL PROGRAM; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the Council voted seven (7) for and none (0) opposed to adopt Resolution No 2080-8-02(R) as previously captioned. The motion carried. Other Business 15. Calendar. • August 16 -18 -Council Budget Workshop • August 27PublicHearing on Budget and Public Hearing on Tax Rate (if needed) • September 5—TRIAD Meeting/6:00 p.m./Allen Public Library [' 16. Items of Interest. L Information will be sent out to the City Council regarding the Trans Corridor Highway and air quality information. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 13, 2002 PAGE 5 Executive Session The Executive Session was not held. 17. Reconvene and Consider Action on Items Discussed during Executive Session. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 7:38 p.m. on Tuesday, August 13, 2002. The motion carried. These minutes approved on the 276 day of August, 2002. APPROVED: Stephen T rrell, MAYOR ATTEST: J y Mor on, CMCIMMCA, CITY SECRETARY I