Min - City Council - 2014 - 05/13 - RegularGary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Ross Obermeyer
Joey Herald
Robin L. Sedlacek (absent)
Baine Brooks
City Starc:
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 13, 2014
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Teresa Warren, Director, Public and Media Relations Office
1 Eric Ellwanger, Assistant to the City Manager
Pete Smith, City Attorney
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:24 p.m. on Tuesday, May 13, 2014, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas
• Update Regarding Allen Heritage
• Committee Updates from City Council Liaisons
• Questions on Current Agenda
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7.00 p.m. on
Tuesday, May 13, 2014.
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
order by Mayor Terrell at 7:04 p.m. on Tuesday, May 13, 2014, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
Public Recoenition
Present
Stephen Terrell, Mayor
Councilmembers:
Gary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Ross Obermeyer
Joey Herald
Robin L. Sedlacek (absent)
Baine Brooks
City Starc:
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 13, 2014
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Teresa Warren, Director, Public and Media Relations Office
1 Eric Ellwanger, Assistant to the City Manager
Pete Smith, City Attorney
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:24 p.m. on Tuesday, May 13, 2014, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas
• Update Regarding Allen Heritage
• Committee Updates from City Council Liaisons
• Questions on Current Agenda
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7.00 p.m. on
Tuesday, May 13, 2014.
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
order by Mayor Terrell at 7:04 p.m. on Tuesday, May 13, 2014, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
Public Recoenition
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 13, 2014 PAGE 2
1 1. Citizens' Comments.
Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to David Wuensch with First United Methodist Church -Allen
Proclaiming May 16-18,2014, as "Change the World Weekend."
• Presentation of a Proclamation to Steve Massey, Director, and Representatives of the Community
Services Department Proclaiming May 18-24, 2014, as "Public Works Week."
Annual Report by Greg Roemer, President of Community Waste Disposal, Inc. (CWD).
Consent Aeenda
MOTION: Upon a motion made by Councilmember Herald and a second by Mayor Pro Tem Caplinger,
the Council voted six (6) for and none (0) opposed to adopt all items on the Consent Agenda,
with a correction to Agenda Item 5 showing Ross Obermeyer marked as absent, as follows:
4. Approve Minutes of the April 22, 2014, Regular Meeting.
5. Minutes of the April 24, 2014, Called Workshop with the Planning and Zoning Commission.
1 6. Accept the Resignation of Joel Hemphill and Declare a Vacancy in Place No. 3 on the Board of
Adjustment.
7. Motion to Approve Ms. Debbie Stout ins an Allen Representative to the Arts Center of North
Texas Board of Directors.
8. Adopt a Resolution to Deny Atmos Energy Corporation, Mid -Tex Division's Request to
Increase Natural Gas Utility Rates.
RESOLUTION NO. 3220.5-14lR1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DENYING THE RATE INCREASE REQUESTED BY
ATMOS ENERGY CORP., MID-TEX DIVISION UNDER THE COMPANY'S 2014 ANNUAL
RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL
JURISDICTION; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE
RATEMAKING EXPENSES PERTAINING TO REVIEW OF THE RRM; AUTHORIZING THE
CITY'S PARTICIPATION WITH ATMOS CITIES STEERING COMMITTEE IN ANY APPEAL
FILED AT THE RAILROAD COMMISSION OF TEXAS BY THE COMPANY; REQUIRING
THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES IN
ANY SUCH APPEAL TO THE RAILROAD COMMISSION; DETERMINING THAT THIS
RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE
TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; REQUIRING DELIVERY
OF THIS RESOLUTION TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL
COUNSEL, AND PROVIDING FOR AN EFFECTIVE DATE.
9. Adopt a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter, or
Terminate a Grant Through the Government Transportation Alternative Program,
ALLEN CITY COUNCIL
REGULAR MEETING
MAY l3, 2014 PAGE 3
Administered by the North Central Texas Council of Governments (NCTCOG) for the
Installation of Accessible Ramps & Walkways for the Beverly Elementary Project.
RESOLUTION NO. 3221-5-14(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 REGIONAL
TRANSPORTATION COUNCIL ASSOCIATED WITH THE NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS, HERINAFTER REFERRED TO AS "GRANTOR," FOR THE
PURPOSE OF PARTICIPATING IN THE 2014 CALL FOR PROJECTS THROUGH THE
TRANSPORTATION ALTERNATIVES PROGRAM, HEREINAFTER REFERRED TO AS THE
"PROGRAM"; CERTIFYING THAT THE APPLICANT IS ELIGIBLE TO RECEIVE PROGRAM
ASSISTANCE; CERTIFYING THAT THE APPLICANT DESIRES TO SUBMIT A PROJECT ,
CERTIFYING THAT THE APPLICANT CAN FUND ALL PROJECT COSTS; AND PROVIDING
AN EFFECTIVE DATE.
10. Adopt a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter, or
Terminate a Grant Through the Government Transportation Alternative Program,
Administered by the North Central Texas Council of Governments (NCTCOG) for the
Installation of Accessible Ramps & Walkways for the Ford Middle School and Olsen
Elementary Projects.
RESOLUTION NO. 3222-5-14(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 REGIONAL
TRANSPORTATION COUNCIL ASSOCIATED WITH THE NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS, HERINAFTER REFERRED TO AS "GRANTOR" FOR THE
PURPOSE OF PARTICIPATING IN THE 2014 CALL FOR PROJECTS THROUGH THE
TRANSPORTATION ALTERNATIVES PROGRAM, HEREINAFTER REFERRED TO AS THE
"PROGRAM"; CERTIFYING THAT THE APPLICANT IS ELIGIBLE TO RECEIVE PROGRAM
ASSISTANCE; CERTIFYING THAT THE APPLICANT DESIRES TO SUBMIT A PROJECT;
CERTIFYING THAT THE APPLICANT CAN FUND ALL PROJECT COSTS; AND PROVIDING
AN EFFECTIVE DATE.
11. Adopt a Resolution Approving an Advance Funding Agreement Amendment #1 for FM
2786/Stacy Road Traffic Signals Construction and Establish a Project Budget in the Amount of
$130,000.
RESOLUTION NO. 3223-5-14(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE ADVANCE FUNDING AGREEMENT AMENDMENT #1 WITH THE STATE OF TEXAS
ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
FUNDING FM 2786/STACY ROAD TRAFFIC SIGNAL CONSTRUCTION; AND PROVIDING
AN EFFECTIVE DATE.
12. Award Bid and Authorize the City Manager to Execute a Contract with Criterion Construction
in the Amount of 547,365 for the Fire Station No. 4 Kitchen Remodel Project and Establish a
Project Budget in the Amount of $55,000.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 13, 2014
PAGE
13. Authorize the City Manager to Execute a Professional Services Agreement with BR Architects
& Engineers in an Amount Not to Exceed $81,000 for Consulting Services for the Allen
Heritage Village.
14. Authorize the City Manager to Execute an Arena License Between the City of Allen and Steven
Brothers Sports Management LLC, a Texas Limited Liability Company to Base a Professional
Hockey Team, in the Central Hockey League at the Allen Event Center.
15. Authorize the City Manager to Execute a Professional Services Agreement for One Year with
the Option to Renew Two Additional One Year Terms with Berry Dunn McNeil & Parker,
LLC for Consulting Services on the Implementation of the Administrative Systems Software for
an Amount Not to Exceed $147,500.
16. Receive the Investment Report for the Period Ending March 31, 2014.
17. Receive the Financial Report for the Period Ending March 31, 2014.
The motion carried.
Regular Agenda
1 18. Adopt a Resolution Amending the Fee Schedule for Animal Control Charges.
RESOLUTION NO. 3224-5-14(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE FEE SCHEDULE FOR ANIMAL
CONTROL CHARGES; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE
MOTION: Upon a motion made by Councilmember Kizer and a second by Councilmember Obermeyer,
the Council voted six (6) for and none (0) opposed to adopt Resolution No. 3224-5-14(R), as
previously captioned, amending the fee schedule for animal control charges. The motion
carried.
19. Consider all Matters Incident and Related to the Issuance and Sale of "City of Allen, Texas,
General Obligation Bonds, Series 2014," Including the Adoption of an Ordinance Authorizing
the Issuance of Such Bonds.
ORDINANCE NO. 3225-5-14: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY
OF ALLEN, TEXAS GENERAL OBLIGATION BONDS, SERIES 2014"; SPECIFYING THE
TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL
AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; 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 A BOND PURCHASE AGREEMENT, AND THE
APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO;
AND PROVIDING AN EFFECTIVE DATE
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 13, 2014
PAGE
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Herald, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3225-5-
14, as previously captioned, authorizing the issuance and sale of General Obligation Bonds,
Series 2014, in the amount of $10,500,000 and all matters incident and related to the
issuance, sale, payment, and delivery of the bonds. The motion carried.
20. Calendar.
• May 20 - Canvass of the Election, 2 p.m.
• May 26 - Memorial Day, City Facilities Closed
• May 27 - City Council Reception, 6 p.m.
21. Items of Interest.
Council recognized Boys Scouts from Troop 1344 in attendance as a requirement for the Citizenship
in the Community merit badge.
Council wished happy birthday to Brittany Brooks, Gary Caplinger and Teresa Warren.
MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the
Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen
City Council at 7:51 p.m. on Tuesday, May 13, 2014. The motion carried.
These minutes approved on the 27' day of May, 2014.
APPROVED:
Step Terrell, MAYOR
ATTEST:
Shelley B. George, T , CITY SECRETARY
Executive Session
1
The Executive Session was not held.
MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the
Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen
City Council at 7:51 p.m. on Tuesday, May 13, 2014. The motion carried.
These minutes approved on the 27' day of May, 2014.
APPROVED:
Step Terrell, MAYOR
ATTEST:
Shelley B. George, T , CITY SECRETARY