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Min - City Council - 2009 - 05/26 - RegularA F41 No Olein I rztifaaefy IN REGULAR MEETING MAY 26, 2009 Present: Stephen Terrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald Robin L. Sedlacek Gary L Caplinger Jeff McGregor City Staff: Peter II. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B George, City Secretary Pete Smith, City Attorney Workshop Session The Workshop Session was not held. 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 7:00 p.m. on Tuesday, May 26, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Alleeiance Public Recognition 1. Citizens' Comments. 2. Administration of Oaths -of -Office and Presentations of Certificates -of -Election. City Secretary George administered the Oaths -of -Office to reelected Councilmember Debbie Stout, Place No. 1, Councilmember Joey Herald, Place No. 3, and Councilmember Gary Caplinger, Place No. 5. Mayor Terrell presented the Certificates -of -Election and offered his congratulations to them. The Councilmembers took their places at the Council bench. Consent Aeenda ALLEN CITY COUNCIL REGULAR MEETING MAY 26, 2009 PAGE 2 MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt the items on the Consent Agenda as follows: 3. Approve Minutes of the May 12, 2009, Regular Meeting. 4. Approve Minutes of the May 19, 2009, Special Called Meeting for the Canvass of the General Election. 5. Adopt a Resolution Approving an Amended Investment Policy Governing the Investment of Municipal Funds. RESOLUTION NO. 2829-5-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN AMENDED POLICY FOR THE INVESTMENT OF MUNICIPAL FUNDS, AND PROVIDING AN EFFECTIVE DATE. 6. Adopt a Resolution Authorizing the City Manager to Enter into an Interlocal Cooperation Agreement By and Between the City of North Richland Hills and the City of Allen for the City of North Richland Hills' Use of the City of Allen's Supplier Contracts. RESOLUTION NO 2830-5-09(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 THE CITY OF NORTH RICHLAND HILLS, TEXAS, 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. 7. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with the City of Plano and the North Texas Municipal Water District to Combine Infrastructure Projects Along the Chaparral Road Corridor. RESOLUTION NO. 2831-5-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF INTERLOCAL AGREEMENT BY AND AMONG THE CITY OF ALLEN, TEXAS, THE CITY OF PLANO, TEXAS, AND THE NORTH TEXAS MUNICIPAL WATER DISTRICT; AUTHORIZING ALLOCATION OF COSTS ASSOCIATED WITH ROADWAY, BRIDGE, AND UTILITY CONSTRUCTION COSTS ALONG CHAPARRAL ROAD; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE: AND PROVIDING AN EFFECTIVE DATE, 8. Adopt a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter, or Terminate a Three-year Grant from the United States Department of Transportation, Federal Transit Administration as Administered by the North Central Texas Council of Governments for Funding to Develop Transportation Services for Residents of Urban Centers and Rural and Suburban Areas to Suburban Employment Opportunities Through the Job Access/Reverse Commute Program. RESOLUTION NO. 2832-5-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR I ALLEN CITY COUNCIL REGULAR MEETING MAY 26, 2009 PAGE TERMINATE A GRANT FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION AS ADMINISTERED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS PROVIDING GRANT FUNDING TO DEVELOP TRANSPORTATION SERVICES FOR RESIDENTS OF URBAN CENTERS AND RURAL AND SUBURBAN AREAS TO SUBURBAN EMPLOYMENT OPPORTUNITIES THROUGH THE JOB ACCESS AND REVERSE COMMUTE (JA/RC) PROGRAM, IF AWARDED 9. Authorize the City Manager to Execute a Contract with Jim Bowman Construction Co. LP, for Sidewalk Rehabilitation in the Hillside Subdivision for $69,997.60 and Establish a Project Budget of $86,450. 10. Authorize the City Manager to Execute an Agreement with Kleinfelder Central, Inc. for Materials Testing on the Construction of the Two Million Gallon Hillside Elevated Storage Tank for an Amount not to Exceed $50,000. 11. Authorize the City Manager to Enter into a Professional Services Agreement with MHS Planning & Design, L.L.C. for Preparation of an Update of the Parks, Recreation, and Open Space Master Plan for Amount not to Exceed $59,250. 12. Receive the Summary of Property Tax Collections as of April 2009. 13. Receive the CIP (Capital Improvement Program) Status Report. The motion carried. 14. Conduct a Public Hearing and Adopt a Resolution for an Amendment to the 2008-2009 Annual Action Plan for the Community Development Block Grant (CDBG) Program. Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. With no one speaking, Mayor Terrell closed the public hearing. RESOLUTION NO. 2833-5-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN; AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adopt Resolution No 2833-5-09(R), as previously captioned, amending the 2008-2009 Annual Action Plan for the Community Development Block Grant (CDBG) Program. The motion carried. 15. Adopt a Resolution Establishing New Rates and Fees for Commercial and Residential Solid Waste, Recycling, and Household Hazardous Waste Services. ALLEN CITY COUNCIL REGULAR MEETING MAY 26, 2009 PAGE RESOLUTION NO. 2834-5-09(R1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES AND RATES FOR COMMERCIAL SOLID WASTE COLLECTION SERVICES, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Caplinger and a second by Councdmember McGregor, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2834-5-09(R), as previously captioned, establishing new rates and fees for commercial and residential solid waste, recycling, and household hazardous waste services. The motion carried. 16. TABLED ITEM: Consider a Request to Establish Reinvestment Zone #30 on Property Located North of the Allen Premium Outlets on Chelsea Boulevard and Adopt an Ordinance Implementing Reinvestment Zone #30 and Approve a Tax Abatement Agreement with Cisco Systems, Inc. Supporting Construction of an Approximately 140,000 — 160,000 Square Foot Tier III Data Center Facility on Chelsea Boulevard. (Applicant requests to continue the item to June 9, 2009.) The Council continued the item to the June 9, 2009, Regular Meeting. 17. Calendar. June 1, 8 — Summer Sounds Concert Series / JFRC / 7 p.m. • June 27 —Allen USA Celebration/ Celebration Park /Noon I8. Items of Interest. Council announcements regarding local civic and charitable events, meetings, fundraisers, and awards. • June 15 - The Allen Public Safety Recovery Fund • The Council recognized Boy Scouts in attendance from Troops 306, 328, 334 and 1334. The Regular Meeting was recessed at 7 29 p.m. In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 7'45 p.m. on Tuesday, May 26, 2009, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: 19. Personnel Pursuant to Section 551.074 of the Texas Government Code - Consider Appointments to, and Discussion of the Duties and Responsibilities of the Members of all City Boards, Corporations and Commissions Including the Directors Appointed to the Allen Economic Development Corporation and the Allen Community Development Corporation. The Executive Session adjourned at 8:58 p m on Tuesday, May 26, 2009 20. Reconvene and Consider Action on Items Discussed during Executive Session. ALLEN CITY COUNCIL REGULAR MEETING MAY 26, 2009 PAGE 5 The Allen City Council reconvened into Regular Meeting at 8:59 p.m, on Tuesday, May 26, 2009 No action was taken on any items discussed in Executive Session. Adjourn MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8:59 p.m. on Tuesday, May 26, 2009. The motion carried. These minutes approved an the 9' day of June, 2009 APPROVE Stephen T rell, MAYIDR ATTEST: n 5_ NI- � ` P-za- .L Shelley B. Gt eCITY SE TARY C