Min - City Council - 2002 - 12/10 - RegularKenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Bill Petty (absent)
Susan Bartlemay
Jeff McGregor
City Staff:
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 10, 2002
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 7:11 p.m. on Tuesday, December 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 2002-2022 Comprehensive Plan
Pledee of Allegiance
1. Citizens' Comments.
• City Secretary Judy Morrison read a letter dated December 3, 2002, from Bill Petty rescinding
his resignation letter.
2. Recognition of the Human Resources Department as the Recipient of the Risk Management
Achievement Award from the Texas Public Risk Management Association.
3. Recognition of the Police Department as the recipient of the 1001 National Night Out Award.
I
Present
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Bill Petty (absent)
Susan Bartlemay
Jeff McGregor
City Staff:
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 10, 2002
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 7:11 p.m. on Tuesday, December 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 2002-2022 Comprehensive Plan
Pledee of Allegiance
1. Citizens' Comments.
• City Secretary Judy Morrison read a letter dated December 3, 2002, from Bill Petty rescinding
his resignation letter.
2. Recognition of the Human Resources Department as the Recipient of the Risk Management
Achievement Award from the Texas Public Risk Management Association.
3. Recognition of the Police Department as the recipient of the 1001 National Night Out Award.
I
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 10, 2002 PAGE 2
MOTION: Upon a motion made by Councilmember Stout and a second by Councdmember Bartlemay,
the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda
as follows -
4. Approve Minutes of the November 26, 2002, Regular Meeting.
5. Motion to Cancel the December 24, 2002, City Council Meeting.
6. Adopt a Resolution Authorizing the City of Allen to Conduct Transactions with J.P. Morgan
Institutional Investments, Inc. and Designating Authorized Representatives.
RESOLUTION NO. 2119-12-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING AND AUTHORIZING CITY
REPRESENTATIVES TO CONDUCT TRANSACTIONS WITH IT MORGAN INSTITUTIONAL
INVESTMENTS INC.; AND PROVIDING AN EFFECTIVE DATE.
7. Adopt a Resolution Authorizing Participation in TexPool/TexPool Prime and Designating
Authorized Representatives.
RESOLUTION NO. 2120-12-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING PARTICIPATION IN
TEXPOOL/TEXPOOL PRIME AND DESIGNATING AUTHORIZED REPRESENTATIVES, AND
PROVIDING AN EFFECTIVE DATE
8. Adopt a Resolution Relating to Economic Development Corporation that will Limit the
Private, Direct Solicitation of Companies within Collin County.
RESOLUTION NO. 2121-12-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CH Y
OF ALLEN, COLLIN COUNTY, TEXAS, RELATNG TO ECONOMIC DEVELOPMENT
COOPERATION; AND PROVIDING AN EFFECTIVE DATE.
9. Adopt a Resolution Authorizing the Submission of a Grant Application to the State of Texas
Criminal Justice Division.
RESOLUTION NO. 2122-12-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE SUBMITTAL OF A GRANT
APPLICATION FOR FUNDING OF A JUVENILE CRIME DIVERSION PROGRAM TO THE
STATE OF TEXAS CRIMINAL JUSTICE DIVISION FOR CONSIDERATION FOR FUNDING
UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM;
ACKNOWLEDGING A TEN PERCENT LOCAL MATCH FOR OVERALL PROJECT COST FOR
ANY APPROVED FUNDED PROJECT, AND PROVIDING AN EFFECTIVE DATE.
10. Adopt a Resolution Requesting the Removal of Greenville Avenue (SH 5) from the Texas
Department of Transportation Highway System from the Southern City Limit Line through
Lthe Intersection of Exchange Parkway.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 10, 2002 PAGE 3
RESOLUTION NO. 2123-12-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, REQUESTING THE REMOVAL OF GREENVILLE
AVENUE (SH 5) FROM THE TEXAS HIGHWAY SYSTEM; AND PROVIDING FOR AN
EFFECTIVE DATE.
it. Authorize Execution of a Professional Services Contract with Birkhoff, Hendricks & Conway,
L.L.P. for the Design of Street Lights for Greenville Avenue from Chaparral Road to Exchange
Parkway.
Council authorized the City Manager to execute a professional services contract with Birkhoff,
Hendricks & Conway, C.L.P., for the design of street lights for Greenville Avenue, from Chaparral
Road to Exchange Parkway, for an amount not to exceed $48,800.
12. Award Bid and Authorize Execution of Contracts with VMC Landscape Services, Inc.;
Tandem Mowing Service; Blade Turners Maintenance; Grass Eaters; and American
Landscape Systems for Maintenance Mowing Services for Medians, Greenbelts, and Municipal
Properties.
Council authorized the City Manager to execute contracts totaling $263,736.75 for mowing
maintenance services for medians, greenbelts, and municipal properties to the lowest and best
bidders: VMC Landscape Services, Inc. for $86,782; Tandem Mowing Service for $82,804; Blade
Tumers Maintenance for $65,356, Grass Eaters for $21,289 75, and American Landscape Systems
for $7,505
13. Award Bid and Authorize Execution of a Construction Contract with Site Concrete, Inc. for
the Widening of Exchange Parkway.
Council authorized the City Manager to execute a construction contract with Site Concrete, Inc, the
lowest and best bidder, for construction of the Exchange Parkway Widening Project for an amount
not to exceed $2,333,000.
14. Receive and Accept the Quarterly Financial Report for the Period Ending September 30, 2002.
15. Receive the Summary of Property Tax Collections as of October 2002.
The motion carried.
Regular Agenda
16. TABLED ITEM: Confirmation of a Variance for the Wal Mart Neighborhood Market
Located at the Southwest Corner of Exchange Parkway and Angel Parkway as Approved by
the Sign Control Board Regarding a Sign on the North Face of the Structure.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Mayor Pro Tem Full-,
the Council voted six (6) for and none (0) opposed to remove this item from the table. The
motion carred.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 10, 2002
PAGE
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Mayor Pro Tem Full-,
the Council voted six (6) for and none (0) opposed to deny additional square footage on the
north face of the structure for the Wal Mart Neighborhood Market sign The motion carred.
Council requested staff and the Sign Board revisit the ordinance dealing with these issues.
17. Consider all Matters Incident and Related to the Issuance and Sale of "City of Allen, Texas,
General Obligation Refunding Bonds, Series 2003," dated January 1, 2003, including the
Adoption of an Ordinance Authorizing the Issuance of Such Bonds and Providing for the
Redemption of Certain Outstanding Bands of the City.
ORDINANCE NO. 2124-12-02: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY
OF ALLEN, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003",
SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING
DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; 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 A PURCHASE
CONTRACT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT,
PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE
CITY; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Falk and a second by Councilmember McGergor,
the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2124-12-02 as
previously captioned. The motion tamed
18. Adopt an Ordinance Amending the Code of Ordinances, Chapter 14, "Utilities," by Amending
the Water and Sewer Rates.
ORDINANCE NO. 2125-12-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 14, "UTILITIES" TO AMEND WATER AND SEWER RATES;
PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND ($2000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout,
the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2125-12-02 as
previously captioned. The motion carred.
19. Adopt a Resolution Determining the Necessity for Acquisition of Four Parcels of Land along
Bethany Drive between US 75 and Allen Heights Drive and Authorize the City Manager and
the City Attorney to Initiate Eminent Domain Proceedings, If Necessary, for Acquisition of
�'` these Properties.
LRESOLUTION NO. 2126-12-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
i OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 10, 2002
PAGES
ACQUISITION OF STREET RIGHT-OF-WAY FOR BETHANY DRIVE AS DESCRIBED IN
EXHIBITS "A," 'B," AND "C," 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 FOR AN
EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember
Obermeyer, the Council voted six (6) for and none (0) opposed to adopt Resolution No.
2126-12-02(R) as previously captioned. The motion camed
Other Business
20. Calendar.
• December 12—Boards and Commissions Dinner/Allen Hilton Garden hnJ7 00 p in.
• December 24-25 – City Offices Closed in Observance of Christmas
• January 1 – City Offices Closed in Observance of New Year's Day
• January 6 –TRIAD Meetmg/6.00 p.m.
21. Items of Interest.
In accordance with the Texas 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 9:00 p.m. on Tuesday, December 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 Regarding the Annual
Performance Review of the City Manager
The Executive Session adjourned at 9'25 p.m. on Tuesday, December 10, 2002.
22. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 9:26 p.m on Tuesday, December 10,
2002, in the Council Chambers of the Allen City Hall No action was taken on items discussed
during Executive Session
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Oberrneyer,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 9:27 p.m on Tuesday, December 10, 2002. The motion carried.
The regular session
recessed at 8.58
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 551.075; the Allen City Council convened into
Executive Session at 9:00 p.m. on Tuesday, December 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 Regarding the Annual
Performance Review of the City Manager
The Executive Session adjourned at 9'25 p.m. on Tuesday, December 10, 2002.
22. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 9:26 p.m on Tuesday, December 10,
2002, in the Council Chambers of the Allen City Hall No action was taken on items discussed
during Executive Session
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Oberrneyer,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 9:27 p.m on Tuesday, December 10, 2002. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 10, 2002 PAGE 6
iThese nunutes approved on the 14' day of January, 2003.
APPROVED:
o
Stephei MAYOR
ATTEST:
Shelley B. Gear, , ACTING CITY SECRETARY