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Min - City Council - 2004 - 04/13 - RegularALLEN CITY COUNCIL REGULAR MEETING APRIL 13, 2004 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Peter G. Smith, City Attorney 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 7:09 p.m. on Tuesday, April 13, 2004, 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 CDBG (Community Development Block Grant). • Briefing Regarding Proposed Membership Fees at the Joe Farmer Recreation Center and the Don Rodenbaugh Natatorium. • Briefing Regarding the Hillside Ball Fields. Pledge of Alleeiance Public Recognition 1. Citizens'Comments. Penny Rozsa, 1925 Armstrong Drive, Allen, TX 75002, spoke in opposition to the MaN 15 Local Option Election propositions ALLEN CITY COUNCIL REGULAR MEETING APRIL 13, 2004 PAGE Craig Rasmussen, 509 Hunters Creek Court, Allen, Texas 75013, spoke in opposition to the May 15 Local Option Election propositions. He asked Council to be strong in opposition to these propositions. David Poulter, 633 Sierra Vista, Allen, Texas 75002, spoke in opposition to the May 15 Local Option Election propositions. Jeffrey Wood, 61 Buckingham Lane, Allen, Texas 75002, requested Council to consider adopting a resolution in opposition to the Local Option Election propositions. Dale Schweider, 809 Red Tip Drive, Allen, Texas 75002, spoke in opposition to the May 15 Local Option Election propositions He discussed the disease of alcoholism. Joey Herald 1018 Michelson Lane, Allen, Texas 75002, spoke in opposition to the May 15 Local Option Election propositions The following individuals did not speak but wished their opposition to the May 15 Local Option Election propositions be recorded: Robert Burns, 1609 Haven Place, Allen, Texas 75002 Doug Bailey, 604 Ashby Court, Allen, Texas 75002 Kent Arnold, 914 Kilgore Court, Allen, Texas 75013 Daniel Rozsa, 1925 Armstrong Drive, Allen, Texas 75002 Savina Rasmussen, 509 Hunters Creek Court, Allen, Texas 75013 James DeLaCruz, 1508 Terlingua Court, Allen, Texas, expressed concern over the current 'Access Allen' segment on the local option election. He felt it presented a positive view of the issue and requested the segment be removed from City 6. The Mavor and Council expressed appreciation to the citizens for caring enough about their community to come forward to speak during the Council Meeting. They encouraged all citizens to participate in the election process. 2. Present Plaque -of -Appreciation to Gary Stocker, Former Member of the Planning and Zoning Commission. 3. Present Certificate -of -Appointment to Douglas Dreggors, Newly Appointed Member of the Planning and Zoning Commission. 4. Recognition of the Planning and Development Department as the Recipient of Four Awards from the South Central Are User Group (SCAUG): • First Place for Map Book — Award Theme/"A Good Read" • First Place for Most Informative — Award Theme/"Tells a Story" • First Place for Most Creative Poster—Award Theme/"Pleasing to the Eye" • Third Place for Best Application — Application for ArcIMS Website Access Control and Scanning Files Management ALLEN CITY COUNCIL REGULAR MEETING APRIL 13, 2004 PAGE 3 1 5. Presentation of Proclamations by the Office of the Mayor: • Presentation of a Proclamation to Captain Denney and Representatives of the Allen Police Department Communications Unit Proclaiming the Week of April 11-17,2004, as National Telecommunicators Week. • Presentation of a Proclamation to Janet Smith, Volunteer for The Living Bank Located in Houston, Texas, Proclaiming the Week of April 19-25, 2004, as National Organ and Tissue Donor Awareness Week. • Presentation of a Proclamation to Barbara Buehler, Director of the Allen Public Library, Proclaiming the Week of April 18-24,2004, as Library Week. Consent Aeenda MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as follows. 6. Approve Minutes of the March 23, 2004, Regular Meeting. 7. Adopt a Resolution Accepting Funds from the Texas Department of Health Arthritis Program for the Purpose of Aquatic, Exercise, and Self -Help Arthritis Programming through the Allen Senior Center. RESOLUTION NO. 2273-4-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS DEPARTMENT OF HEALTH, HEREINAFTER REFERRED TO AS "DEPARTMENT," FOR THE PURPOSE OF PARTICIPATING IN THE CARDIOVASCULAR HEALTH & WELLNESS PROGRAM FOR COMMUNITY ARTHRITIS SERVICE PROJECTS GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. Adopt a Resolution Determining the Necessity for Acquisition of Three Parcels along Allen Drive between Coats Drive and Ola Lane and Authorize the City Manager and City Attorney to File Proceedings in Eminent Domain to Acquire Such Properly, if Necessary. RESOLUTION NO. 2274-4-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF STREET RIGHT-OF-WAY FOR ALLEN DRIVE AS DESCRIBED IN THE EXHIBITS 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 9. Authorize Execution of a License Agreement with Dallas Area Rapid Transit (DART) for the 24 -inch Waterline Crossing of DART Railroad in Connection with the Prestige Circle Elevated Storage Tank. ALLEN CITY COUNCIL REGULAR MEETING APRIL 13, 2004 PAGE Council authorized the City Manager to execute a License Agreement with Dallas Area Rapid Transit (DART) for the 24" waterline crossing of DART railroad in connection with the Prestige Circle Elevated Storage Tank. 10. Award Bid and Authorize the Purchase of a 28 -Passenger Bus from Lasseter Bus & Mobility for an Amount not to exceed $89,848. Council authorized the City Manager to purchase a 28 -passenger bus from Lasseter Bus & Mobility for an amount not to exceed $89,848. 11. Accept Resignation from Douglas Dreggors, Alternate No. 2 of the Board of Adjustment and Building and Standards Commission and Declare a Vacancy. The motion carried. Reeular Attends, 12. Adopt a Resolution Urging the Legislature Not to Adopt any School Finance or Tax System Reforms that would Negatively Affect City Revenues and Economic Development Efforts. RESOLUTION NO. 22754-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, URGING THE LEGISLATURE NOT TO ADOPT ANY SCHOOL FINANCE OR TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS, AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2275-4-04(R) as previously captioned. The motion carried. The Mayor and Council encouraged citizens to contact their local state representatives to urge them to oppose adopting any school finance or tax system reforms that would negatively affect City revenues and economic development efforts. 13. Appoint or Re -appoint a Member to the North Texas Municipal Water District Board for a Two -Year Term Effective June 1, 2004, through May 31, 2006. 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 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, 2004, through May 31, 2006. The motion carried. 14. Consider Making Appointments to Fill Vacancies on the Community Development Corporation and the Board of Adjustment and Building and Standards Commission. ALLEN CITY COUNCIL REGULAR MEETING APRIL 13, 2004 Other Business. 15. Calendar. PAGE 5 • April 14 — NTMWD and COA Community Services/Information Meeting Regarding Water and Sewer Line Constructions/Council Chambers/7:00 p.m. • April 24 — Great American Clean Up/8:00 a.m.-1:00 p.m./West Exchange Parkway, West of US 75 • April 28 — First Day of Early Voting for the May 15'" General Election 16. Items of Interest. The regular session recessed at 8:05 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 8:34 p.m. on Tuesday, April 13, 2004, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: Property — Pursuant to Section 551 072 of the Texas Government Code — Purchase of Real Property Personnel — Pursuant to Section 551.074 of the Texas Government Code — Appointments to the Community Development Corporation and the Board of Adjustment and Building and Standards Commission The Executive Session adjourned at 9:08 p.m. on Tuesday. April 13, 2004. 17. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 9:09 p.m. on Tuesday, April 13, 2004, in the Council Chambers of the Allen City Hall. The following action was taken on items discussed during the Executive Session. 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 accept the recommendation of the Nominating Committee to appoint Lonnie Simmons to complete the unexpired term in Place No. 3 of the Community Development Corporation and set a term expiration date of September 30, 2005. The motion carried. Adiourn 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 9 10 p in. on Tuesday, April 13, 2004. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING APRIL 13, 2004 These minutes approved on the 27°' day of Aori1. 2004. ATTEST: Shelley B. George, C, CITY SECR TA�RY I APPROVED: Steph n Terrell, MAYOR PAGE 6