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Home My WebLink AboutMin - City Council - 2005 - 01/11 - RegularALLEN CITY COUNCIL REGULAR MEETING JANUARY 11, 2005 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 Workshop Session With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:14 p.m. on Tuesday, January 11, 2005, in the Council Conference Room of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: Briefing Regarding Brad Goldberg's Artwork The workshop session was recessed at 6'59 p.m. The workshop session was reconvened at 8:47 p.m. Briefing Regarding Proposed Civic Auditorium Use Policy With no further discussion, the workshop session of the Allen City Council was adjourned at 9:30 p.m. on Tuesday, January 11, 2005. 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 Lorder by Mayor Terrell at 7:04 p.m. on Tuesday, January 11, 2005, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 11, 2005 PAGE 2 LPledee of Allegiance Public Recognition Citizens' Comments. Council recognized Boy Scouts from Troop No. 328 who were in attendance as part of the requirements for earning the citizenship merit badge. Consent Agenda 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 the consent agenda as follows: 2. Approve Minutes of the December 14, 2004, Regular Meeting. 3. Adopt an Ordinance Authorizing an Extension of the Current Franchise Agreement to CoSe x, Gas Company until June 30, 2005, for Operating and Maintaining their Gas Distribution System in the City of Allen. ORDINANCE NO. 2355-1-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, EXTENDING UNTIL JUNE 30, 2005, THE FRANCHISE 'i GRANTED TO COSERV GAS COMPANY, TO OWN, OPERATE, AND MAINTAIN A GAS DISTRIBUTION SYSTEM IN THE CITY OF ALLEN; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE 4. Adopt an Ordinance Authorizing an Extension of the Current Franchise Agreement to Atmos Energy (formerly TXU Gas Company) until June 30, 2005, for Operating and Maintaining their Gas Distribution System in the City of Allen. ORDINANCE NO. 2356-1-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, EXTENDING UNTIL JUNE 30, 2005, THE FRANCHISE GRANTED TO ATMOS ENERGY, TO OWN, OPERATE, AND MAINTAIN A GAS DISTRIBUTION SYSTEM IN THE CITY OF ALLEN; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. 5. Adopt a Resolution Authorizing an Application for a Grant for a Collin County Child Abuse Investigator Position for the Allen Police Department. RESOLUTION NO. 2357-1-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO ACCEPT GRANT p SF -17261-02 FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A CHILD ABUSE INVESTIGATOR POSITION TO BE ASSIGNED TO THE COLLIN COUNTY CHILD ABUSE TASK FORCE, IF AWARDED; AND PROVIDING AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 11, 2005 PAGE 3 6. Adopt a Resolution Authorizing an Application for a Grant for a Digital Live Scan System and Automated Fingerprint Identification System for the Allen Police Department. RESOLUTION NO. 2358-1-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO ACCEPT A GRANT FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A DIGITAL LIVE SCAN FINGERPRINT SYSTEM AND AN AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM, IF AWARDED; AND PROVIDING AN EFFECTIVE DATE. 7. Adopt a Resolution Authorizing Execution of an Agreement to Accept the Selective Traffic Enforcement Program (STEP) Grant from the State of Texas, Department of Transportation, if Awarded. RESOLUTION NO. 2359-1-05(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 TEXAS DEPARTMENT OF TRANSPORTATION SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AWARD; AND PROVIDING AN EFFECTIVE DATE. 8. Adopt a Resolution Authorizing Execution of a Grant in the Amount of $500,000 from the Collin County Parks and Open Space Funding Assistance Program toward the Purchase of 52t Acres of ]and, Execution of an Interlocal Funding Assistance Agreement with Collin County, and Increase the Community Park Land Acquisition Budget by $500,000 as Matching Funds as Required for this Grant. RESOLUTION NO. 2360-1-05(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 COLLIN COUNTY PARKS FOUNDATION, APPROVING THE TERMS AND CONDITIONS OF THE INTERLOCAL AGREEMENT; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; REPEALING ALL RESOLUTIONS IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 9. Adopt a Resolution Authorizing an Agreement among the Cities of Allen, Frisco, and Plano for Funding Services Related to the Arts of Collin County Commission, Inc. Capital Project. RESOLUTION NO. 2361-1-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN INTERLOCAL COOPERATION AGREEMENT AMONG THE CITIES OF ALLEN, FRISCO, AND PLANO PERTAINING TO THE FUNDING OF SERVICES RELATING TO THE ARTS OF COLLIN COUNTY COMMISSION, INC THAT SUPERCEDES THE PRIOR FUNDING AGREEMENT AMONG THE CITIES OF ALLEN, PLANO AND FRISCO; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 11, 2005 PAGE 10. Authorize Execution of an Agreement between the City of Allen and the Arts of Collin County Commission, Inc. (ACC) Related to the Terms, Conditions, and Use of Funds Designated in the City's Budget for the ACC Operating Budget. Council authorized the City Manager to execute the agreement. 11. Authorize Execution of a Five -Year Financial Advisory Agreement with Estrada Hinojosa & Company, Inc. (EHC) for Financial Advisory Services for the City. Council authorized the City Manager to execute the agreement. 12. Authorize Execution of a Professional Services Contract with Halff Associates in the Amount of $42,750 for the Surveying, Planning, and Design of Spring Meadow Park. Council authorized the City Manager to execute the contract. 13. Authorize Execution of a Professional Engineering Services Contract with Birkhoff, Hendricks, & Conway, L.L.P. for an Amount not to exceed $66,000 for Streetlight Design along Angel Parkway from Main Street to Stacy Road and along Allen Heights Drive from Timber Ridge Drive to Stacy Road. Council authorized the City Manager to execute the contract. 14. Authorize Execution of a Facilities Agreement for the Greenville Crossing Tract with Centex Real Estate Corporation with Regard to the Construction of North Allen Heights Drive Improvements and the Design/Construction of the Park Improvements. Council authorized the City Manager to execute the agreement. 15. Authorize Execution of a Statement of Agreement between the American Red Cross — Dallas Area Chapter McKinney Branch and the City of Allen for the Delivery of Humanitarian Aid in the Event of a Disaster. Council authorized the City Manager to execute the agreement. 16. Award Bid and Authorize Execution of a Contract with Pasco Brokerage, Inc. in the Amount of $29,365 for the Purchase and Installation of Coffee Shop Equipment for the New Allen Public Library and Civic Auditorium and to Increase the Project Budget to $11,947,450. Council awarded the bid and authorized the City Manager to execute the contract. 17. Authorize Approval to Establish Project Funding Allocations and Set a Project Budget in the Amount of $924,739.55 for the Renovation of the Chase Oaks Golf Club. Council authorized the City Manager to establish the funding and set a project budget. 18. Authorize Approval to Purchase Food Items from Various Vendors for an Amount not to exceed $32,000 for Resale at the Chase Oaks Golf Club. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 11, 2005 PAGE 5 Council authorized the City Manager to purchase the items. 19. Authorize Approval to Purchase Golf Merchandise from Various Vendors for an Amount not to exceed $80,000 for Resale at the Chase Oaks Golf Club. Council authorized the City Manager to purchase the merchandise. 20. Authorize Execution of a One -Year Contract with Casco Industries, Inc. for an Amount of $25,755 for the Purchase of Daily Uniforms and Execution of a One -Year Contract with Squeegees Screen Printing for an Amount of $39,910.30 for the Purchase of Physical Training Clothing for the Fire Department. Council authorized the City Manager to execute the contracts. 21. Receive Quarterly Financial Report for the Period Ending September 30, 2004. 22. Receive the Summary of Property Tax Collections as of November 2004. The motion carried. Reeular Aeenda 23. Presentation by Representatives of the United States Postal Service Announcing Plans for Expanding Operations of Postal Services within the City of Allen. Due to a scheduling conflict, this item will be moved to the January 25, 2005, Regular Meeting. 24. Approve the First Reading of an Ordinance Granting Grande Communications Networks, Inc. a Non -Exclusive Franchise Agreement for the Purpose of Constructing and Operating a Television Cable System. Although a public hearing was not required, Mayor Terrell asked for anyone speaking for or against this item to do so at this time. Diane Barlow, Attorney, Casey, Gertz, Magness, LLP, 98 San Jacinto Boulevard #1400, Dallas, Texas, spoke on behalf of Comcast, against the proposed franchise agreement ORDINANCE NO. 2362-1-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO GRANDE COMMUNICATIONS NETWORKS, INC., A NON-EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS-OF-WAY OF THE CITY OF ALLEN, TEXAS, FOR THE PURPOSES OF CONSTRUCTING AND OPERATING A CABLE TELEVISION SYSTEM IN THE CITY OF ALLEN; SETTING FORTH TERMS AND CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF SUCH SYSTEM PROVIDING A REPEALING CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bardemay, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2362-1-05 (1" reading) as previously captioned The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 11, 2005 PAGE 6 25. Adopt a Resolution Setting the Fees for the Chase Oaks Golf Club. RESOLUTION NO. 2363-1-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES AND CHARGES FOR CHASE OAKS GOLF CLUB; AND PROVIDING FOR 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. 2363-1-05(R) as previously captioned with an amendment to include the driving range fees. The motion carried. Other Business 26. Calendar. January 18 — Senior Center Groundbreaking/10:00 a.m. • January 22 — Council/Staff Strategic Planning Session/Hilton Garden Inn/8 a.m. — 5 p.m. January 29 —Celebrate Allen!/Chamber of Commerce Event 27. Items of Interest. Kevin Hammeke, Finance Director, introduced representatives from Estrada•Hinojosa Investment Bankers, the City's Financial Advisor. The regular session recessed at 8:17 p.m. Executive Session In accordance with 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, January 11, 2005, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to. • Legal, Pursuant to Section 551.071 of the Texas Government Code and Staff Presentations, Pursuant to Section 551.075 of the Texas Government Code — Homeland Security Agreements The Executive Session adjourned at 8:42 p.m. on Tuesday, January 11, 2005 28. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 8'43 p.m. on Tuesday, January 11, 2005, in the Council Chambers of the Allen City Hall. The following action was taken on items discussed during Executive Session: MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to authorize the City ALLEN CITY COUNCIL REGULAR MEETING JANUARY 11, 2005 PAGE 7 Manager to enter into various agreements related to Homeland Security with the Texas Department of State Health Services and other Federal agencies as needed. The motion carried. 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 8:44 p.m. on Tuesday, January 11, 2005. The motion carried These minutes approved on the 25'" day of January 2005. ATTEST: Shelley B. George RMC, CITY B. George RMC, CITY S I APPROVED: L� Stephen"Terrell, MAYOR