Min - City Council - 2005 - 06/14 - RegularA
Present:
Stephen Terrell, Mayor
Councilmembers:
ALLEN CITY COUNCIL
REGULAR MEETING
.JUNE 14, 2005
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Councilmember Bartlemay at 6:17 p.m on Tuesday, June 14, 2005, in the Council Conference
Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included.
• Briefing Regarding Residential Solid Waste, Recycling, and Household Hazardous Waste Fees
• Update Regarding SH 121
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7.02 p.m. on
Tuesday, June 14, 2005.
Call to Order and Announce a Ouoru a is Present
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mavor Terrell at 7 11 p.m. on Tuesday, June 14, 2005, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
Public Recoemition
1. Citizens' Comments.
Kenneth Fulk, Mayor Pro Tem (absent)
Debbie Stout
Ross Oberrneyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary (absent)
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 Councilmember Bartlemay at 6:17 p.m on Tuesday, June 14, 2005, in the Council Conference
Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included.
• Briefing Regarding Residential Solid Waste, Recycling, and Household Hazardous Waste Fees
• Update Regarding SH 121
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7.02 p.m. on
Tuesday, June 14, 2005.
Call to Order and Announce a Ouoru a is Present
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mavor Terrell at 7 11 p.m. on Tuesday, June 14, 2005, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
Public Recoemition
1. Citizens' Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 14, 2005 PAGE 2
2. Presentation of Blue Star Flags to the Families of Allen Servicemen or Women Currently
Deployed by the U.S. Armed Forces.
Mayor Terrell presented Blue Star Flags to the families of E-7 Kenneth Herrod, U.S. Navy, and E-4
Jason Hughes, U.S Army.
3. Recognition of the Public and Media Relations Office as the Recipient of the Telly Award for
ACTV-15 Programming.
Consent Agenda
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obenneyer,
the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda
as follows:
4. Approve Minutes of the May 24, 2005, Regular Meeting.
5. Approve Minutes of the June 2, 2005, Joint Meeting with the City Councils of Frisco and Plano
and the Arts of Collin County Commission, Inc.
6. Motion to Approve Second Reading of Ordinance No. 2404-5-05 Granting Cosery Gas, Ltd., a
Non -Exclusive Franchise Agreement to Use the City of Allen's Public Rights -of -Way.
ORDINANCE NO. 2404-5-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO COSERV GAS, LTD., A NON-
EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS-OF-WAY OF THE CITY OF ALLEN,
TEXAS, FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING
PIPELINES AND EQUIPMENT IN THE CITY OF ALLEN, TEXAS, FOR THE
TRANSPORTATION, DELIVERY, SALE AND DISTRIBUTION OF GAS, SETTING FORTH
TERMS AND CONDITIONS TO GOVERN THE FRANCHISE, PROVIDING A REPEALING
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE.
7. Motion to Approve Second Reading of Ordinance No. 2405-5-05 Granting Atmos Energy
Corporation (Formerly TXU Gas) a Non -Exclusive Franchise Agreement to Use the City of
Allen's Public Rights -of -Way.
ORDINANCE NO. 2405-5-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO ATMOS ENERGY CORPORATION, A
NON-EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS-OF-WAY OF THE CITY OF
ALLEN, TEXAS, FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, AND
OPERATING PIPELINES AND EQUIPMENT IN THE CITY OF ALLEN, TEXAS, FOR THE
TRANSPORTATION, DELIVERY, SALE AND DISTRIBUTION OF GAS; SETTING FORTH
TERMS AND CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A REPEALING
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE.
8. Adopt a Resolution Authorizing Application to the Collin County Parks and Open Space
Project Funding Assistance Program in the Amount of $3,000,000 toward the Enhancement of
Open Space within the Arts of Collin County Property.
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ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 14, 2005
PAGE
RESOLUTION NO. 2408-&05(Rl: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "CO -APPLICANT;'
DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR THE CO -APPLICANT,
ACTING FOR AND ON BEHALF OF THE ARTS OF COLLIN COUNTY COMMISSION, INC.,
HEREINAFTER REFERRED TO AS THE "RECIPIENT' IN DEALING WITH COLLIN COUNTY,
HEREINAFTER REFERRED TO AS "GRANTOR" FOR THE PURPOSE OF PARTICIPATING IN
THE COLLIN COUNTY PARKS AND OPEN SPACE PROJECT FUNDING ASSISTANCE
PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM", CERTIFYING THAT THE
RECIPIENT IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE
RECIPIENT MATCHING SHARE IS READILY AVAILABLE; DEDICATING THE PROPOSED SITE
FOR PERMANENT PUBLIC ARTS AND OPEN SPACE USES; AND PROVIDING FOR AN
EFFECTIVE DATE.
9. Adopt a Resolution Approving an Interlocal Cooperation Agreement among the Cities of Allen,
Frisco, and Plano Pertaining to Additional Funding for Design Services for the Arts of Collin
County Commission, Inc. Capital Project.
RESOLUTION NO. 2409-6-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN INTERLOCAL COOPERATION
AGREEMENT AMONG TILE CITIES OF ALLEN, FRISCO, AND PLANO PERTAINING TO THE
ADDITIONAL FUNDING OF SERVICES RELATING TO THE ARTS OF COLLIN COUNTY
COMMISSION, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
10. Adopt a Resolution Authorizing Execution of a SAFER (Staffing for Adequate Fire and
Emergency Response) Grant from the United States Department of Homeland Security, if
Awarded.
RESOLUTION NO. 2410-6-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO ALLOW THE CITY MANAGER (OR DESIGNEE)
TO APPLY FOR THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY'S
SAFER (STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE) GRANT
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
it. Adopt a Resolution Authorizing Execution of a Local Law Enforcement Block Grant from the
State of Texas, Office of the Governor, Criminal Justice Division, Providing Funding for a
Digital Voice Recording System, if Awarded.
RESOLUTION NO. 2411-6-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO ACCEPT A LOCAL LAW ENFORCEMENT
BLOCK GRANT FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR CRIMINAL
JUSTICE DIVISION PROVIDING FUNDING FOR A DIGITAL VOICE RECORDING SYSTEM,
IF AWARDED; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE,
12. Authorize Execution of a Real Estate Sales Contract for Right -of -Way for the SH 5 Widening
Project with S.P.S. and Farhat Mann for Parcel 6 for $14,830 plus Closing Costs for
Construction of Paving and Utility Improvements.
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ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 14, 2005 PAGE 4
Council authorized the City Manager to execute the contract.
13. Award Bid and Authorize Execution of a Contract with McMahon Contracting for
Construction of the East Bethany Drive Widening Project for an Amount not to exceed
$1,169,445.98 and Establish a Project Budget of $1,872,217.
Council authorized the City Manager to execute the contract.
14. Award Bid and Authorize Execution of Annual Contracts for Chase Oaks Golf Course
Perimeter Mowing Maintenance Services with Blade Turners Maintenance (Primary) for an
Estimated Annual Expenditure of $54,150 and Brandon's Landscape Service (Alternate) for an
Estimated Annual Expenditure of $66,025, both with Three One-year Options to Renew under
the Same Terms and Conditions.
Council authorized the City Manager to execute the contracts.
15. Authorize Execution of a Contract with Emerson Partners, Inc. and the Emerson Farm
Company, Ltd. Amending the Amended and Restated Purchase and Sale Agreement for the
Construction of West Bethany Drive.
Council authorized the City Manager to execute the contract.
16. Award the Request for Offer to Purchase Five Electronic Handheld Ticket Writers, Hardware,
Software, Training, and Annual Maintenance from Advanced Public Safety for an Amount not
to exceed $44,484.40.
17. Receive Financial Report for Period Ending March 31, 2005.
18. Receive Quarterly Investment Report for Period Ending March 31, 2005,
The motion carried.
Reeular Aeenda
19. Conduct a Public Hearing and Consider an Ordinance Designating Tax Abatement
Reinvestment Zone #27 and Approving Tax Abatement Agreement with R-75 L.P.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2412-6-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 27 (R-75,
L.P ); PROVIDING ELIGBILITY OF THE ZONE FOR COMMERCIAL -INDUSTRIAL TAX
ABATEMENT, CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE
DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY;
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 14, 2005
PAGE
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE.
MOTION: Upon a motion made by Councilmember Obennever and a second by Councilmember
McGregor, the Council voted six (6) for and none opposed to adopt Ordinance No. 2412-6-
05 as previously captioned. The motion carried.
20. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development
Code Regarding:
Article II — Administration, Section 4.03.2 Powers and Duties;
Article IV — Zoning Regulations, Section 4.20.2 Schedule of Principal Uses;
Article VI — Special Zoning Provisions, Section 6.01.5.a.xiii Outdoor Display or
Outdoor Storage;
Article VII — Zoning Development Standards, Section 7.05.3 Tree Planting
Requirements and Section 7.09 Sign Regulations;
Article VIII — Subdivision Regulations, Section 8.06 Lot Design; and,
Appendix A — Definitions.
Mayor Terrell asked if anyone wished to speak during the scheduled public hearing. With no one
wishing to speak the public hearing was not opened.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout,
the Council voted six (6) for and none (0) opposed to table consideration of this item to the
July 12, 2005, regular meeting. The motion carried.
21. Adopt a Resolution Setting Fees for Residential Solid Waste, Recycling, and Household
Hazardous Waste (HHW) Services.
RESOLUTION NO. 2413-6-05(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES AND RATES FOR
RESIDENTIAL SOLID WASTE AND HOUSEHOLD HAZARDOUS WASTE COLLECTION
SERVICES, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember
Obermeyer, the Council voted six (6) for and none opposed to adopt Resolution No.
2413-6-05(R) as previously captioned The motion carried
22. Calendar.
• June 23 — Public Meeting Regarding SH 121 Improvements/Allen City Hall/7:00 p.m.
• June 25 — Allen USA Celebration
• July 8 — Mayor's Classic Golf Tournament
El
• August 12, 13, and 14 — City Council Budget Workshop
23. Items of Interest.
ALLEN CITY COUNCIL
REGULAR MEETING
.TUNE 14, 2005 PAGE 6
IExecutive Session
The Executive Session was not held.
MOTION: Upon a motion made by Councilmember Stout and a second by Councdmember McGregor,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 8.37 p.m. on Tuesday, June 14, 2005. The motion carried.
These minutes approved on the 28' day of June, 2005.
ATTEST:
Shelley B. Geo , C, CITY S a RETARY
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APPROVED:
xy:jo LZ
Steph Terrell, MAYOR