Min - City Council - 2009 - 09/08 - RegularALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 8, 2009
Present
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
Robin L. Sedlacek (absent)
Gary L. Caplinger
Jeff McGregor
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager (absent)
Shelley B. George, City Secretary
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 6:20 p.m. on Tuesday, September 8, 2009, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas, to discuss the following items:
Discussion Regarding Nominating a Representative to the Board of Directors for the Central
Appraisal District of Collin County
Update Regarding the Interview Process for Appointments to the Boards, Commissions, and
Corporations
Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:59 p.m. on
Tuesday, September 8, 2009.
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 8, 2009, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 8, 2009 PAGE 2
ElPublic Recoenition
1. Citizens' Comments.
Steven Ervin, 113 Parkhurst Lane, Allen, Texas, spoke regarding the notices for the public hearing on
the Tae Rate.
2. Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Representatives of the Local Daughters of the American
Revolution Chapter Proclaiming September 17-23,2009, as Constitution Week.
• Presentation of a Proclamation to Representatives of the U.S. Census Bureau Proclaiming
the 2070 Census as a Top Priority for the City of Allen.
3. Presentation by the U.S. Census Bureau Regarding the 2010 Census.
4. Recognition of the City of Allen Planning and Development Department as the Recipient of the
Certificate of Achievement for Planning Excellence Award from the Texas Chapter of the
American Planning Association.
MOTION: Upon a motion made by Councilmember Caplinger 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:
5. Approve Minutes of the August 25, 2009, Regular Meeting.
6. Adopt an Ordinance Approving a Settlement Agreement between the Coalition of Cities Served
by CoSery and CoSery Gas Regarding the Company's Statement of Intent to Increase Gas
Rates.
ORDINANCE NO. 2854-9-09: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, FINDING THAT THE CURRENT RATES OF COSERV
GAS LTD. ARE UNREASONABLE; APPROVING COSERV GAS LTD.'S REVISED AND
UNCONTESTED TARIFFS; SETTING THE EFFECTIVE DATE OF NEW TARIFFS AS
OCTOBER 1, 2009; FINDING RATE CASE EXPENSES REASONABLE; FINDING THAT ANY
RELIEF REQUESTED BY COSERV GAS LTD. NOT SPECIFICALLY GRANTED HEREIN IS
DENIED; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR NOTICE OF THIS
ORDINANCE TO COSERV GAS LTD., AND PROVIDING AN EFFECTIVE DATE.
7. Authorize the City Manager to Execute a Contract with Aire Dynamics, Inc. to Design, Furnish
and Install HVAC Control Interface and Booster Heaters for the Don Rodenbaugh Natatorium
for an Amount Not to Exceed $109,950.19, and Establish a Project Budget of $139,290.
S. Award Bid and Authorize the City Manager to Execute a Contract with Meridian Solar, Inc. to
Design, Furnish, and Install Photovoltaic (Solar) Systems at the Municipal Court/Parks and
Recreation Building and the Service Center Building for $540,643.94 Contingent upon Award
of the Energy Efficiency and Conservation Block Grant and Establish a Project Budget of
$603,000.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 8, 2009 PAGE 3
9. Award Bid and Authorize the City Manager to Execute a Contract with Procon Paving and
Construction for Construction Services as it Relates to the Shallowater Drive Project for an
Amount of $195,852, and Amend the Project Budget to $280,000.
10. Award Bid and Authorize the City Manager to Execute a Contract with Mario Sinacola & Sons
Excavating, Inc. for Construction Services as it Relates to the Watters Road Project for an
Amount of $1,218,465.18 and Amend the Project Budget to $2,250,000.
it. Motion to Approve the Proposed Elevations for the Proposed Walmart Supercenter to be
Located at the Northwest Corner of US 75/Central Expressway and Exchange Parkway.
12. Accept the Certification of Anticipated Tax Collection Rate for the 2009-2010 Taxable Year, the
Certification of Excess Debt Collections for the 2008-2009 Taxable Year, and the 2009
Appraisal Roll.
13. Accept a Resignation and Declare a Vacancy in Place No. 6 on the Public Art Committee.
The motion cartied.
Reeular Agenda
14. Adopt an Ordinance Approving the Fiscal Year 2009-2010 Budget, Amending the Fiscal Year
2008-2009 Budget, and Approving the 2010-2014 Capital Improvement Program.
ORDINANCE NO. 2855-9-09: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER I, 2009, AND ENDING SEPTEMBER 30, 2010;
PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN
ACCORDANCE WITH SAID BUDGET, APPROPRIATING AND SETTING ASIDE THE
NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES FOR SAID FISCAL
YEAR FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS
AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; APPROPRIATING
THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET, PROVIDING FOR RECORDING
OF THE ORDINANCE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2855-9-09, as
previously captioned, approving the Fiscal Year 2009-2010 budget, amending the Fiscal Year
2008-2009 budget, and approving the 2010-2014 Capital Improvement Program AND to
ratify the increase in property tax revenues reflected in the Fiscal Year 2009-2010 budget.
The motion carried.
Mr. Smith stated the action must be adopted as two separate motions and requested the Council repeat
the action to comply with Section 102.007C of the Texas Local Government Code.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obermeyer,
the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2855-9-09, as
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 8, 2009
PAGE
previously captioned, approving the Fiscal Year 2009-2010 budget, amending the Fiscal Year
2008-2009 budget, and approving the 2010-2014 Capital Improvement Program. The motion
carried.
MOTION: Upon a motion made by Councilmember Obenmeyer and a second by Mayor Pro Tem Stout,
the Council voted six (6) for and none (0) opposed to ratify the increase in property tax
revenues reflected in the Fiscal Year 2009-2010 budget. The motion canned.
15. Adopt an Ordinance Setting the Tax Rate for the 2009-2010 Fiscal Year Budget.
ORDINANCE NO. 2856-9-09: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE TAX
YEAR 2009 (FISCAL YEAR 2009-2010) AT A RATE OF $0.55500 PER ONE HUNDRED
DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY OF ALLEN AS OF JANUARY 1, 2009, TO PROVIDE
REVENUE FOR THE PAYMENT OF CURRENT EXPENSES, PROVIDING FOR AN INTEREST
AND SINKING FUND FOR ALL OUTSTANDING DEBT OF THE CITY OF ALLEN;
PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND
INTEREST; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
McGregor, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 2856-
9-09, as previously captioned, setting the tax rate of 55.5 cents per $100 valuation of property
for the 2009-2010 Fiscal Year. The motion carried.
16. Adopt a Resolution Establishing a Range of Fees for Parks and Recreation Adult Athletic
Programs and for the Rental of Facilities at The Edge at Allen Station Park.
RESOLUTION NO. 2857-9-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES FOR CERTAIN PARKS AND
RECREATION PROGRAMS AND FACILITIES, PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Caplinger and a second by Councilmember
Obermeyer, the Council voted six (6) for and none (0) opposed to adopt Resolution No. 2857-
9-09(R), as previously captioned, establishing a range of fees for Parks and Recreation adult
athletic programs and fees for the rental of facilities at The Edge at Allen Station Park. The
motion carried.
17. Motion to Confirm City Council Appointments to the Finance/Audit Committee for Fiscal Year
2009-10 as Recommended by Mayor Terrell.
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Obenneyer,
the Council voted six (6) for and none (0) opposed to confirm the appointments of
Councilmember Caplinger, Councilmember McGregor and Councilmember Sedlacek to the
Finance/Audit Committee for Fiscal Year 2009-10, as recommended by Mayor Terrell. The
motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 8, 2009
Other Business
18. Calendar.
September 17 - Keep Allen Beautiful Educator Expo, 4:30 p.m.
19. Items of Interest.
• Council wished Mayor Terrell a happy birthday
Executive Session
An Executive Session was not held.
20. Reconvene and Consider Action on Items Discussed during Executive Session.
PAGES
MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor,
the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 7,49 p.m. on Tuesday, September 8, 2009 The motion carried.
These minutes approved on the 22"a day of September, 2009
I
ATTEST:
Slielley B. Georg , ITY SECRET
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APPROVED:
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Stephen ermll, MAYOR