Min - 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)