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Home My WebLink AboutMin - City Council - 2008 - 09/23 - RegularALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2008 Present: Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obemreyer (absent) Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor City Stag: Peter H. Vargas, City Manager (absent) Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete Smith, City Attorney (absent) Joe Gorda, Attorney Workshop Session With a quonu t of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:21 p.m. on Tuesday, September 23, 2008, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Briefing Regarding the City of Allens Participation in a Purchased Power Agreement through the Cities Aggregation Power Project for Long -Term Base Load Electric Supply With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:58 p.m. on Tuesday, September 23, 2008. 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 7:05 p.m. on Tuesday, September 23, 2008, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Public Recognition E1. Citizens' Comments. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2008 PAGE Sonya Tamer, President, Collin County Alumnae Chapter of Delta Sigma Theta Sorority, Inc. provided an overview of the services and programs her Chapter provides to the citizens of Collin County. Consent Agenda MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald the Council voted six (6) for and none (0) opposed to adopt the items on the Consent Agenda as follows: Approve Minutes of the September 9, 2008, Regular Meeting. Set Saturday January 17, 2009, as the Date for the City Council Strategic Planning Session. Adopt an Ordinance Approving a Negotiated Settlement between the Atmos Cities Steering Committee and Atmos Energy Corporation Regarding the Company's Rate Review Mechanism. ORDINANCE NO. 27659-08: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE, ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES, ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT, DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL. Adopt a Resolution Amending the Previously Adopted Police, Fire and General Pay Plan by Updating the Pay Plan; and Providing an Effective Date. RESOLUTION NO. 2766-9-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE POLICE, FIRE AND GENERAL PAY PLAN BY UPDATING THE PAY PLAN; AND PROVIDING AN EFFECTIVE DATE. Adopt a Resolution Designating The Allen American as the Official Newspaper of the City of Allen. RESOLUTION NO. 2767-9-OS(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE ALLEN AMERICAN THE OFFICIAL NEWSPAPER OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR FISCAL YEAR 2008-2009; AUTHORIZING THE CITY MANAGER TO CONTRACT WITH THE ALLEN AMERICAN; AND PROVIDING AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23,2008 PAGE3 7. Adopt a Resolution Determining the Necessity for Acquisition of a Waterline Easement Along Custer Road, and Authorize the City Manager and City Attorney to File Proceedings in Eminent Domain to Acquire Such Property, if Necessary. RESOLUTION NO. 2768-9-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF UTILITY EASEMENTS FOR A NEW 24 -INCH WATERLINE BETWEEN CUSTER PUMP STATION AND RIDGEVIEW 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 EASEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 8. Adopt a Resolution Accepting the Three -Year Selective Traffic Enforcement Program Grant for a Total Award Amount of 8259,873.70 with a Matching Amount of 578,595.70, from the State of Texas, Department of Transportation. RESOLUTION NO. 2769-9-09(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; AND PROVIDING AN EFFECTIVE DATE. 9. Adopt a Resolution and Authorize the City Manager to Execute an Interlocal Agreement with the East Texas Medical Center and Provide an Effective Date with Regards to the 800 MHz Trunked Radio System Owned by the Cities of Allen, Plano and Frisco. RESOLUTION NO. 2770-9-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ATTACHED INTERLOCAL COOPERATION AGREEMENTS BY AND AMONG THE CITIES OF ALLEN, FRISCO, AND PLANO, WITH THE EAST TEXAS MEDICAL CENTER FOR THE USE OF THE TRUNKED RADIO SYSTEM OWNED BY THE CITIES OF ALLEN, FRISCO, AND PLANO; AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENTS BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. 10. Adopt a Resolution and Authorize the City Manager to Execute an Interlocal Agreement with the Town of Prosper and Provide an Effective Date with Regards to the 800 MHz Trunked Radio System Owned by the Cities of Allen, Plano and Frisco. RESOLUTION NO. 2771-9-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ATTACHED INTERLOCAL COOPERATION AGREEMENTS BY AND AMONG THE CITIES OF ALLEN, FRISCO, AND PLANO, WITH THE CITY OF PROSPER FOR THE USE OF THE TRUNKED RADIO SYSTEM OWNED BY THE CITIES OF ALLEN, FRISCO, AND PLANO, AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENTS BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. it. Adopt a Resolution and Authorize the City Manager to Execute an Interlocal Agreement with the Plano Independent School District and Provide an Effective Date with Regards to the 800 MHz Trunked Radio System Owned by the Cities of Allen, Plano and Frisco. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2008 PAGE 4 RESOLUTION NO. 2772-9-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ATTACHED INTERLOCAL COOPERATION AGREEMENTS BY AND AMONG THE CITIES OF ALLEN, FRISCO, AND PLANO, WITH THE PLANO INDEPENDENT SCHOOL DISTRICT FOR THE USE OF THE TRUNKED RADIO SYSTEM OWNED BY THE CITIES OF ALLEN, FRISCO, AND PLANO; AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENTS BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. 12. Adopt a Resolution and Authorize the City Manager to Execute an Interlocal Agreement with the City of Murphy and Provide an Effective Date with Regards to the 800 MHz Trunked Radio System Owned by the Cities of Allen, Plano and Frisco. RESOLUTION NO. 2773-9-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE ATTACHED INTERLOCAL COOPERATION AGREEMENTS BY AND AMONG THE CITIES OF ALLEN, FRISCO, AND PLANO, WITH THE CITY OF MURPHY FOR THE USE OF THE TRUNKED RADIO SYSTEM OWNED BY THE CITIES OF ALLEN, FRISCO, AND PLANO; AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENTS BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. 13. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Cooperation Agreement with Collin County to Permit the Use of Certain Space within the Allen Municipal CourtfParks & Recreation Building for Justice of the Peace Precinct 3 Proceedings Conducted by the Justice of the Peace and Other Collin County Elected Officials. RESOLUTION NO. 2774.9-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS AND COLLIN COUNTY REGARDING THE USE OF CERTAIN SPACE WITHIN THE ALLEN MUNICIPAL COURT FACILITIES; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE 14. Adopt a Resolution Adthorizing the City Manager to Execute an Interlocal Cooperative Agreement by and between Purchasing Solutions Alliance and the City of Allen for City of Allen's Use of Purchasing Solutions Alliance Supplier Contracts. RESOLUTION NO. 27759-08(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND PURCHASING SOLUTIONS ALLIANCE, A BRAZOS VALLEY COUNCIL OF GOVERNMENT'S COOPERATIVE PURCHASING NETWORK, PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING THE CITY MANAGER, OR DESIGNEE, AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS RELATING TO THE PROGRAM; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE; AND PROVIDING AN EFFECTIVE DATE. 15. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with NTTA Regarding the Intersection of State Highway 121 and Exchange Parkway. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2008 PAGE 5 RESOLUTION NO. 2776-9-084R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF INTERLOCAL AGREEMENTS BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE NORTH TEXAS TOLLWAY AUTHORITY AUTHORIZING PARTICIPATION IN THE DESIGN AND CONSTRUCTION OF THE EXCHANGE PARKWAY AND SH -121 INTERSECTION, AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE, AND PROVIDING AN EFFECTIVE DATE. 16. Authorize the City Manager to Execute a Professional Services Agreement with Dan B. Chem as the City's Alternate Municipal Court Judge, for a Period of Two Years, Beginning on October 1, 2008. 17. Authorize the City Manager to Execute a Five -Year License Purchase Agreement with Ion Wave Technologies, Inc. for Electronic Purchasing Software through an Interlocal Cooperative Agreement with Purchasing Solutions Alliance for an Amount Not Exceed $67,000. I& Authorize the City Manager to Execute a Contract with Mister Sweeper, L.P., for Street Sweeping Services for an Estimated Annual Expenditure of $92,000 with Three One -Year Renewal Options Under the Some Terms and Conditions. Council authorized the City Manager to approve an expenditure of funds for street sweeping services with Mister Sweeper, L.P., in the estimated annual expenditure of $92,000 with three one-year renewal options under the same terms and conditions. 19. Declare a Vacancy in Place No. 5 on the Allen Parks and Recreation Board. 20. Receive the Summary of Property Tax Collections as of August 2008. 21. Receive the Capital Improvement Program Status Report. The motion carried. 22. Consider Making an Appointment to Fill a Vacancy in Place No. 5 on the Parks and Recreation Board. Councilmember Sedlacek nominated In Long MOTION: Upon a motion made by Councilmember Caplinger and a second by Mayor Pro Tem Stout, the Council voted six (6) for and none (0) opposed that nominations cease and that In Long be appointed by acclamation to Place No. 5 on the Parks and Recreation Board. The motion carried. Other Business 23. Items of Interest. 24. Calendar. September 25 —City of Allen and Keep Allen Beautiful Educator Expo ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 2008 PAGE 6 • October 3— Chamber of Commerce Golf Classic Executive Session The Executive Session was not held. 14. Reconvene and Consider Action on Items Discussed during Executive Session. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Sedlacek the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7:17 p.m. on Tuesday, September 23, 2008. The motion carried. These minutes approved on the 14' day of October, 2008. APP D: Step en Terrell, MAYOR ATTEST: 1 <��E4 Shelley B. George4CPry SECRETARY Q)