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Min - City Council - 2002 - 09/10 - RegularALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2002 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Bill Petty (absent) Susan Bartlemay (arrived at 8:45 p.m.) Jeff McGregor City Staff: Peter H. Vargas, City Manager Judy Morrison, City Secretary L Peter G. Smith, Attorney (absent) 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, September 10, 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 Energy Audit Results Prepared by Johnson Controls Pledge of Allegiance 1. Citizens' Comments. • Don Jacoby, 800 Livingston, Allen, Texas, spoke in favor of a reduction in taxes, requested decentralization of government and privatization of services. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember McGregor, the Council voted five (5) for and none (0) opposed to approve and adopt the consent agenda as follows: 2. Approve Minutes of the August 27, 2002, Regular Meeting. I ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2002 3. Adopt a Resolution Reauthorizing the Investment Policy for the City of Allen. PAGE RESOLUTION NO.2083-9-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, RE -ADOPTING A POLICY FOR THE INVESTMENT OF MUNICIPAL FUNDS, AND PROVIDING AN EFFECTIVE DATE. 4. Adopt a Resolution Approving Amendments to the Personnel Policies and Procedures. RESOLUTION 2084-9-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING AMENDMENTS TO THE PERSONNEL POLICIES AND PROCEDURES MANUAL; AND PROVIDING FOR AN EFFECTIVE DATE. 5. Adopt a Resolution Designating The Allen American as the Official Newspaper for Legal Publications for the City of Allen. RESOLUTION NO. 2085-9-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE ALLEN AMERICAN THE OFFICIAL NEWSPAPER OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR FY 2002- 2003; AUTHORIZING ITS EXECUTION BY THE CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE 6. Adopt a Resolution Authorizing Execution of the Necessary Documents Ratifying the Cities Aggregation Power Project (CAPP) with its Approved Retail Electric Provider (REP) and Approve a Power Supply Agreement for a Period of Twelve to Twenty-four Months. RESOLUTION No. 2086-9-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT PURSUANT TO THE CONTRACT TO BE SIGNED BY CITIES AGGREGATION POWER PROJECT, INC. FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2003. Adopt a Resolution Authorizing Execution of an Agreement with the State of Texas to Accept the Tobacco Compliance Grant Award of 53,000. RESOLUTION NO. 2087-9-02(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 TOBACCO COMPLIANCE GRANT AWARD; AND PROVIDING AN EFFECTIVE DATE. 8. Adopt a Resolution Authorizing Execution of an Agreement with the State of Texas Department of Transportation to Accept the 2002-2003 STEP (Selective Traffic Enforcement Program) Grant Award of $60,901. RESOLUTION NO. 2088-9RESOLUTION NO. 2088-9-02�): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2002 PAGE STATE OF TEXAS, TO ACCEPT THE TEXAS DEPARTMENT OF TRANSPORTATION S.T.E.P GRANT AWARD; AND PROVIDING AN EFFECTIVE DATE. 9. Adopt a Resolution Authorizing Execution of an Agreement Associated with the Texas Forest Service to Accept the "Urban and Community Forestry Program" Grant Award in the Amount of $10,000. RESOLUTION NO. 2089-9-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE APPROPRIATE REPRESENTATIVE TO EXECUTE AGREEMENTS ASSOCIATED WITH THE "URBAN AND COMMUNITY FORESTRY PROGRAM" GRANT REQUEST COMMITTING SHARED COST OF THE PROJECT AS DESCRIBED IN THE GRANT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. 10. Approval of Consent to the Assignment of Tax Abatement Agreement in Reinvestment Zone 919 from AT&T Corporation to AT&T Wireless Services, Inc. it. Authorize Execution of an Annual Contract with Two One -Year Options with Prism Electric, Inc. (primary) and Morley -Moss, Inc. (alternate) for On -Call and Emergency Electrical Services at Various City Facilities. 12. Authorize Execution of a Professional Engineering Services Contract with BW2 Engineers, Inc. for an Amount not to Exceed $213,960 is Connection with the Design of Allen Drive and Coats Drive. 13. Authorize Execution of a Facilities Agreement for Auburn Springs Subdivision with Papagolos Development Company with Regard to the Construction of Angel Parkway Improvements. 14. Accept the Certification of Anticipated Tax Collection Rate for the 2002-2003 Taxable Year, the Certification of Excess Debt Collections of the Taxable Year 2001-2002, and the 2002 Appraisal Roll. 15. Accept Resignation from Ms. Cheri Jones and Declare a Vacancy in Place No. 7 of the Parks and Recreation Board. 16. Receive the Summary of Property Tax Collections as of July 2002. The motion carried. 17. Adopt an Ordinance Amending Chapter 2, Article I, of the Code of Ordinances, to Provide for an Annual Exemption from Ad Valorem Taxation by Increasing the `65 and Over' Exemption aad Establishing a Disabled Persons Exemption. ORDINANCE NO. 2090-9-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2, ARTICLE I TO ADD SECTIONS 2-7 AND 2-8 TO PROVIDE FOR AN ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2002 PAGE ANNUAL EXEMPTION FROM AD VALOREM TAXATION FOR INDIVIDUALS WHO ARE DISABLED OR SIXTY-FNE (65) YEARS OF AGE OR OLDER, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No. 2090-9-02 as previously captioned. The motion carred. 18. Adopt an Ordinance Approving and Adopting the Budget for the Fiscal Year Beginning October 1, 2002, and Ending September 30, 2003, and Appropriating the Various Amounts Required for Such Budget. ORDINANCE NO. 2091-9-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,2003; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET, PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout, r the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No. 2091-9-02 as previously captioned. The motion carred. 19. Adopt an Ordinance Setting the Tax Rate of $0.562 per $100 Valuation of Property Tax for the Fiscal Year Beginning October 1, 2002, and Ending September 30, 2003. ORDINANCE NO. 2092-9-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING THE TAX RATE AND LEVYING THE AD VALOREM TAXES FOR THE FISCAL YEAR 2002-2003 TO PROVIDE REVENUE FOR THE PAYMENT OF CURRENT EXPENDITURES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember McGregor, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No. 2092-9-02 as previously captioned. The motion carried. 20. Authorize the Sale of a 1,750 Square Foot Building on 2,875 Square Feet of Land Owned by the City of Allen on the Southeast Corner of Main Street and Butler Drive to the Allen Economic Development Corporation. MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to approve the sale of a 1,750 square foot building on 2,875 square feet of land owned by the City of Allen located on the southeast comer of Main Street and Butler Drive to the Allen Economic Development Corporation and authorize the City Manager to execute the necessary documents. The motion carred. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2002 PAGE 5 Other Business 21. Calendar. • September 11— We Will Never Forget, In Remembrance of 9-1/-01/Central Fire Station/8 45 a.m. • September 26—Ribbon Cutting at Old Stone Dam/9:00 a.m. • September 29—St. Mary's Open House and Service/10:45 a.m. • October 16-19—TML/Texas Municipal League Conference/Ft. Worth, Texas • December 12—Board Dinner/Hilton Hotel/6:00 p.m 22. Items of Interest. The regular session recessed at 7 40 p.m. Executive Session In accordance with the Texas Government Code, Legal, Section 551.071, Property, Section 551.072; Personnel, Section 551.074; Staff Presentations, Section 551075; the Allen City Council convened into Executive Session at 7.45 p m, on Tuesday, September 10, 2002, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • Personnel–Pursuant to Section 551.074 of the Texas Government Code to Consider Appointments to Quasi -Judicial City Boards and Commissions: Allen Community Development Corporation Board Allen Economic Development Corporation Board Board of Adjustment Building and Standards Commission Planning and Zoning Commission The Executive Session adjourned at 8:45 p.m. on Tuesday, September 10, 2002. Councilmember Bartlemay arrived to take her seat on the bench. 23. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 8:46 p.m. on Tuesday, September 10, 2002, in the Council Chambers of the Allen City Hall. No action was taken on items discussed during Executive Session. Adjourn MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer, the Council voted six (6) for and none (0) opposed to adloum the regular session of the Allen City Council at 8:47 p.m. on Tuesday, September 10, 2002. The motion carred. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 10, 2002 PAGE 6 These =notes approved on the 24a day of September, 2002. APPROVED: XJ Stepheo�' errell, MAYOR ATTEST: � Jddy Mo so" CMC/MMCA, CITY SECRETARY 11