Min - 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
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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.
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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.
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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.
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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
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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