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Min - City Council - 2003 - 05/13 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 13, 2003 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Susan Bartlemay Jeff McGregor City Starr: Peter H. Vargas, City Manager Shelley B George, City Secretary Peter G. Smith, Attorney Call to Order and Announce a Quorum is Present With a quomm of the Councilmembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7:10 p.m on Tuesday, May 13, 2003, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: • Review of the Proposed Rental Policy and Fee Schedule for the Allen Heritage Center • Discussion Regarding Senior Citizens Recreational Facility Status Report and Site Selection Process Pledge of Alleeiance 1. Administer Oaths -of -Office and Present Certificates of Election to Mayor Pro Tem Fulk and Councilmember Stout. 2. Administer Oath -of -Office and Present Certificate -of -Appointment to Ms. Jeannie Haines, Newly Appointed Member of the Keep Allen Beautiful Board. Public Recoenition 3. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING MAY 13, 2003 PAGE 2 4. Recognitions by the City Council, Keep Allen Beautiful Board, Community Waste Disposal, and the Community Services Department for Winners of the Reuse -a -Shoe Campaign: • Reed Elementary School is the Grand Prize Winner of the School Competition for the Reese -a -Shoe Campaign. • Individual Classroom Competition Winners of the Reuse -a -Shoe Campaign: o Reed Elementary School — Ms. Wheeler's Fourth Grade Class o Vaughan Elementary School —Ms. Mena's Second Grade Class 5. Representatives of the Keep Allen Beautiful Board and Donna Kliewer, Recycling/Solid Waste/Household Hazardous Waste Coordinator, will give a Brief Recap Regarding the April 26th Great American Trash Off and Announce the Second Annual Corporate Challenge Clean - Up to be Held on June 5, 2003. 6. Recognition of the Paramedic of the Year by Chief Bill Hawley and Captain Brent Woods, EMS Coordinator, of the Allen Fire Department. Firefighter Steve Seals was recognized as the Paramedic of the Year 7. Recognition of the Emergency Medical Technician of the Year by Chief Bill Hawley and Captain Brent Woods, EMS Coordinator, of the Allen Fire Department. Captain Robert Speers was recognized as the Emergency Medical Technician of the Year 8. Presentation of Proclamations by the Office of the Mayor. Presentation of a Proclamation to the Officers of the Senior Center and Margaret Andelman, Senior Program Coordinator for the Allen Senior Center, Proclaiming May 2003 as Older Americans' Month. Presentation of a Proclamation to the Representatives of Armistice Memorial VFW Post 2195 and Harding -Blaine Post 321 American Legion Proclaiming May 24-30, 2003, as Vietnam Veterans Week. Presentation of a Proclamation to Chief Bill Hawley and Captain Brent Woods, and Representatives of the Allen Fire Department Proclaiming May 18-24, 2003, as Texas Emergency Services Week. Presentation of a Proclamation to Representatives from the City of Allen's Water & Sewer Division, Streets, Household Hazardous Waste, and Traffic Departments Proclaiming May 18- 24, 2003, as National Public Works Week Presentation of a Proclamation to Sergeant Johnny Thomason, Corporal Darrell Elndge, and Corporal Ken Myers of the Allen Police Department Proclaiming May I8 -June 1, 2003, as Click It or Ticket Weeks dunng the Click It or Ticket Texas Campaign. Consent Aeenda MOTION: Upon a motion made by Councdmember Obermeyer and a second by Councilmember Bardemay, the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda as follows ALLEN CITY COUNCIL REGULAR MEETING MAY 13, 2003 PAGE 3 1 9. Approve Minutes of the April 22, 2003, Regular Meeting. 10. Approve Minutes of the May 6, 2003, Special Called Meeting to Canvass Election. 11. Adopt an Ordinance Amending the Code of Ordinances, Chapter 3, "Animal Control' Regarding the Requirements for the Vaccination of Dogs, Cats, Ferrets and Miniature Swine. ORDINANCE NO. 2162-5-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 3 ANIMAL CONTROL SECTION 3-4 RELATING TO VACCINATION OF DOGS AND CATS REQUIRED; PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABD.ITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 12. Adopt a Resolution Authorizing Execution of an Agreement with the State of Texas to Accept the Tobacco Compliance Grant, if Awarded. RESOLUTION NO. 2163-5-03(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, IF AWARDED, A TOBACCO COMPLIANCE GRANT AWARD; AND PROVIDING AN EFFECTIVE DATE, 13. Adopt a Resolution Authorizing the City Manager to Initiate Eminent Domain Proceedings, if Necessary, for Acquisition of One Sanitary Sewer Easement for Construction of Ola Sanitary Sewer. RESOLUTION NO. 2164-5-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF A SANITARY SEWER EASEMENT FOR THE OLA SANITARY SEWER 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 SANITARY SEWER EASEMENT, AND PROVIDING FOR AN EFFECTIVE DATE. 14. Authorize Execution of a License Agreement with Dallas Area Rapid Transit (DART) for the Ola Sanitary Sewer Line Crossing of DART Right -of -Way. Council authorized the City Manager to execute a License Agreement with DART for the Ola Sanitary Sewer line crossing of DART Right -of -Way 15. Adopt a Resolution Authorizing the City Manager to Initiate Eminent Domain Proceedings, if Necessary, for Acquisition of Right -of -Way for Two Parcels along the Proposed St. Mary Drive. RESOLUTION NO. 2165-5-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ALLEN CITY COUNCH, REGULAR MEETING MAY 13, 2003 PAGE ACQUISITION OF STREET RIGHT-OF-WAY FOR ST MARY DRIVE AS DESCRIBED IN EXHIBITS "A" AND "B" 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. 16. Adopt a Resolution Authorizing an Interlocal Agreement between the Cities of Allen, Frisco, and Plano Concerning Services and Funding for a Collin County Cultural Arts District. RESOLUTION NO. 2166-5-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT AMONG THE CITIES OF ALLEN, FRISCO AND PLANO FOR SERVICES AND FUNDING FOR A COLLIN COUNTY CULTURAL ARTS FACILITY; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. 17. Adopt a Resolution Authorizing an Interlocal Agreement with Collin County for the Partial Funding of East Bethany Drive from US 75 to Allen Heights Drive. RESOLUTION NO. 2167-5-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND COLLIN COUNTY, TEXAS, CONCERNING PARTIAL FUNDING FOR THE WIDENING OF EAST BETHANY DRIVE; AUTHORIZING TTS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. 18. Authorize Execution of Real Estate Sales Contracts for Right -of -Way for the East Bethany Drive Widening Project with Second Century Investments for an Amount not to Exceed $24,000 plus Closing Costs and with Mr. and Mrs. Thomas B. Sulistio for an Amount not to Exceed $6,020 plus Closing Costs. Council authorized the City Manager to execute real estate sales contracts for the right -m --way for the East Bethany Drive Widening Project with Second Century Investments for an amount not to exceed $24,000 plus closing costs and Mr. and Mrs. Thomas B. Suhsho for an amount not to exceed $6,020 plus closing costs. 19. Award Bid and Authorize Execution of a Construction Contract with McMahon Contracting, L.P. for Construction of the East Bethany Drive Widening Project. Council authorized the City Manager to execute a construction contract with McMahon Contracting, L.P., the lowest and best bidder, for construction of the East Bethany Drive Widening Project for an amount not to exceed $2,855,661.51. 20. Authorize Execution of a Contract for Engineering Services with Rimley-Horn and Associates, Inc. for the Design of the Two Million Gallon Prestige Circle Water Tower. ALLEN CITY COUNCIL REGULAR MEETING MAY 13, 2003 PAGES Council authorized the City Manager to execute a contract for engineering services with Kimley-Horn and Associates, Inc. for the design of the two million gallon Prestige Circle Water Tower for an amount not to exceed $175,500. 21. Award Bid and Authorize Execution of a Contract with Roadway Solutions, Inc. for the Construction of the Aylesbury Drive Concrete Trail Improvements and Establish a Project Budget of $104,970. Council authorized the City Manager to execute a contract with Roadway Solutions, Inc. to construct the Aylesbury Drive Concrete Trail Improvements for an amount not to exceed $69,802.50 and establish a project budget at $104,970. 22. Authorize Execution of a Purchase and Sale Agreement with EPI for the Widening of Alma Drive from Tatum Drive to Bel Air Drive and Set the Budget for this Project at $1,220,921. Council authorized the City Manager to execute a Purchase and Sale Agreement with Emerson Partners, Inc. (EPI) for the widening of Alma Drive from Tatum Drive to Bel Air Dnve in the amount of $1,134,000 and set the budget for this project at $1,220,921. 23. Authorize Execution of a Contract for Engineering Services with Birkhoff, Hendricks, & Conway, L.L.P. for the Design for the Ridgemont Drive Reconstruction. Council authorized the City Manager to execute a contract for engineering services with Birkhoff, Hendricks, & Conway, L.L.P for the design of the Ridgemont Drive Reconstruction for an amount not to exceed $50,000 24. Award Bid and Authorize Execution of an Annual Contract with Andrew's Building Service, Inc. for Custodial Services for Various Parks and Recreation Facilities for an Estimated Annual Expenditure of $65,820, with Two One -Year Options to Renew. Council authorized the City Manager to execute an annual contract with Andrew's Building Service, Inc., in the estimated annual expenditure of $65,820, with two one-year options to renew under the same contract terms and conditions. 25. Rejection of Bids for the Renovation and Adaptive Reuse of the Old Central Fire Station as an Interim Senior Center. 26. Rejection of Bids for the Annual Contract for Sign Materials. 27. Receive the Quarterly Financial Report for the Period Ending March 31, 2003. 28. Receive the Quarterly Investment Report for the Period Ending March 31, 2003. 29. Receive the Summary of Property Tax Collections as of March 2003. The motion canned ALLEN CITY COUNCIL REGULAR MEETING MAY 13, 2003 PAGE 6 IRegular Agenda 30. Consider All Matters Incident and Related to the Issuance and Sale of $7,210,000 "City of Allen, Texas, General Obligation Bonds, Series 2003," dated June 1, 2003, including the Receipt of Bids Therefor and the Adoption of an Ordinance Authorizing the Issuance of Such Bonds. ORDINANCE NO. 2168-5-03: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF ALLEN, TEXAS, GENERAL OBLIGATION 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 THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT, AND PROVIDING AN EFFECTIVE DATE. 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 accept the bid of Legg Mason Wood Walker Inc. and Associates for the purchase of $7,210,000 "City of Allen, Texas, General Obligation Bonds, Series 2003" at a true interest cost rate of 3.638750% and adopt Ordinance No. 2168-5-03 as previously captioned, authorizing the issuance of such bonds. The motion carried. Other Business 31. Calendar • May 24 — Opening Day Ceremonies/The Moving Wall/Bethany Lakes Park/9:00 a in. • May 26 — City Offices Closed in Observance of Memorial Day • May 29 — Stacy Road Pump Station Ribbon Cut mg/11.30 a.m. • May 31 — Municipal Runoff Election 32. Items of Interest Executive Session The Executive Session was not held. 33. Reconvene and Consider Action on Items Discussed during Executive Session. Adjourn MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 745 p.m. on Tuesday, May 13, 2003. The motion carred ALLEN CITY COUNCIL REGULAR MEETING MAY 13, 2003 IThese minutes approved on the 27' day of May, 2003. ATTEST: Cir (� r ,- Shelley R. Georg RMC, CITY SECIETARY r P APPROVED: Steph& Terrell, MAYOR PAGE 7