The URL can be used to link to this page

Home My WebLink AboutMin - City Council - 2009 - 08/11 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 11, 2009 Present: Stephen'Ferrell, Mayor Councilmembers: Debbie Stout, Mayor Pro Tem Ross Obermeyer Joey Herald Robin L. Sedlacek Gary L. Caplinger Jeff McGregor City Staff: With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:19 p.m. on Tuesday, August 11, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Update Regarding the Animal Shelter Expansion and Allen Municipal Service With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:50 p.m. on Tuesday, August 11, 2009 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 7:01 p.m. on Tuesday, August 11, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition 1. Citizens'Comments. The following individuals requested the City of Allen provide assistance for the consametion of Twin Creeks Drive adjacent to the First Christian Church's property Kerry Lee, 1227 Windmere Way, Allen, Texas Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete Smith, City Attorney Workshop Session With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:19 p.m. on Tuesday, August 11, 2009, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas: • Update Regarding the Animal Shelter Expansion and Allen Municipal Service With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:50 p.m. on Tuesday, August 11, 2009 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 7:01 p.m. on Tuesday, August 11, 2009, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance Public Recognition 1. Citizens'Comments. The following individuals requested the City of Allen provide assistance for the consametion of Twin Creeks Drive adjacent to the First Christian Church's property Kerry Lee, 1227 Windmere Way, Allen, Texas ALLEN CITY COUNCIL REGULAR MEETING AUGUST 11, 2009 PAGE 2 Gary Speer, 101 North Allen Drive, Allen, Texas Darby Lee, 1227 Windmere, Allen, Texas Lynn Odle, 101 North Allen Drive, Allen Texas Consent Aeenda MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt the items on the Consent Agenda as follows' 2. Approve Minutes of the July 28, 2009, Special Called Joint Workshop with Economic Development Corporation. 3. Approve Minutes of the July 28, 2009, Regular Meeting. 4. 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. 2847-8-09: 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 ("ACSC" OR "STEERING COMMITTEE") AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES, 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; REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL, AND PROVIDING AN EFFECTIVE DATE S. Adopt a Resolution Declaring an Expectation to Advance the Initial Three Months of Operational Funding for the Allen Event Center from the City's General Fund, to Authorize Staff to Proceed with the Advance Not to Exceed $943,000 Pursuant to the Management Agreement, and to Receive a Reimbursement of the Advance Pursuant to the Management Agreement. RESOLUTION NO. 2848-8-09(R): A RESOLUTION OF THE CI'T'Y COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DECLARING AN EXPECTATION TO ADVANCE THE INITIAL THREE MONTHS OF OPERATIONAL FUNDING FOR THE ALLEN EVENT CENTER FROM THE CITY'S GENERAL FUND; TO AUTHORIZE STAFF TO PROCEED WITH THE ADVANCE PURSUANT TO THE MANAGEMENT AGREEMENT; AND TO RECEIVE A REIMBURSEMENT OF THE ADVANCE PURSUANT TO THE MANAGEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE 6. Authorize the City Manager to Execute a Conveyance Agreement with Allentowne Mall, LLC, for Right -of -Way Needed to Construct a Portion of Chelsea Boulevard and Ridgeview Drive. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 11, 2009 PACE 7. Authorize the City Manager to Execute Documents to Provide Permanent and Temporary Easements to NTMWD for the Construction of the 54" and 42" Parallel Pipeline Project. 8. Authorize the City Manager to Execute a Contract with Durable Specialties for Equipment and Installation of Four (4) Traffic Signals Within the City for an Amount Not to Exceed $590,113.80 and Establish a Project Budget in the Amount of $710,000. 9. Authorize the City Manager to Execute a Real Estate Sales Contract with Paul and Virginia Lehner for the Purchase of Right -of -Way for Watters Road for an Amount of $339,780 Plus Closing Costs. 10. Receive the Investment Report for the Period Ending June 30, 2009. 11. Receive the Financial Report for Period Ending June 30, 2009. The motion carried. Regular Agenda 12. Conduct a Public Hearing on the Budget as Required by Article IV, Section 4.04 of the Allen City Charter. Mayor Terrell opened the Public Hearing and asked for anyone speaking either for or against the request to do so. With no one speaking, Mayor Terrell closed the Public Hearing. Mayor Terrell announced the City Council will vote on the budget at the September 8, 2009, City Council Meeting at 7:00 p.m. at Allen City Hall, 305 Century Parkway, Allen, Texas. 13. Conduct a Public Hearing Regarding the Fiscal Year 2009-2010 City Tax Rate. Mayor Terrell opened the Public Hearing and asked for anyone speaking either for or against the request to do so. With no one speaking, Mayor Terrell closed the Public Hearing. 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 set the City Council meeting date of September 8, 2009, at 7'00 PM at Allen City Hall, 305 Century Parkway, Allen, Texas, to vote on the proposed tax rate of 55.5 cents per $100 of the certified appraised value for the Fiscal Year 2009-2010 budget. The motion carried. 14. Conduct a Public Hearing and Adopt a Resolution Adopting the 2009-2010 Annual Action Plan for the Community Development Block Grant (CDBG) Program. Mayor Terrell opened the Public Hearing and asked for anyone speaking either for or against the request to do so. The following individuals expressed support for the item: ALLEN CITY COUNCIL REGULAR MEETING AUGUST 11, 2009 PACE Randy Sandifer, 4090 Summit Court, Fairview, Texas, on behalf of Allen Community Outreach Julie Smith, 600 North Tennessee, McKinney, Texas, on behalf of Collin County Committee on Aging With no one else speaking, Mayor Terrell closed the Public Hearing. RESOLUTION NO 2849-8-09(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2009-2010 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 Councilmember Sedlacek and a second by Mayor Pro Tem Stout, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2849-8-09(R), as previously captioned, adopting the 2009-2010 Annual Action Plan for the Community Development Block Grant (CDBG) Program. The motion carried. 15. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code by Granting a Change in Zoning from "PD" Planned Development No. 6 Shopping Center District to "CF" Community Facilities District for 6.962± Acres to Allow for a Church Generally Located at the Northeast Corner of Greenville Avenue and Rivercrest Boulevard Mayor Terrell opened the Public Hearing and asked for anyone speaking either for or against the request to do so. The following individuals expressed support for the item: Carroll Jungman, 605 Lake Ridge Drive, Allen, Texas Richard Connor, 501 Lake Ridge Drive, Allen, Texas Bill Nelson, 601 Lake Ridge Drive, Allen, Texas With no one else speaking, Mayor Terrell closed the Public (Tearing. ORDINANCE NO. 2850-8-09AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM "PD 6 (SC)" — PLANNED DEVELOPMENT NO, 6 SHOPPING CENTER DISTRICT TO "CF" — COMMUNITY FACILITIES DISTRICT FOR 6.962± ACRES IN THE LEWIS WETSEL SURVEY, ABSTRACT NO. 978, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Caplinger and a second by Councilmember Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2850-8-09, as previously captioned, to amend the Allen Land Development Code by granting a change in zoning from "PD" Planned Development No. 6 Shopping Center to "CF" ALLEN CITY COUNCIL REGULAR MEETING AUGUST 11, 2009 PAGES Community Facilities for 6.92± acres to allow for a church generally located at the northeast comer of Greenville Avenue and Rivererest Boulevard. The motion carried. 16. Motion to Confirm Appointments of Councilmembers as Liaisons to City Boards and Commissions, as Nominated by Mayor Terrell. No action was taken on this item 17. Motion to Confirm City Council Appointments to the Various Nominating Committees for the Appointment of Boards and Commissions for Fiscal Year 2009-2010. MOTION: Upon a motion made by Councilmember McGregor and a second by Mayor Pro Tem Stout, the Council voted seven (7) for and none (0) opposed to confirm the appointments of Councilmember Obermeyer, Councilmember Sedlacek and Councilmember Caplinger to serve as the Nominating Committee as recommended for appointment by Mayor Terrell. The motion carried. 18. Calendar. • August 25 — Public Hearing on the Budget and Tax Rate for FY 2009-2010 19. Items of Interest. • Council recognized Boy Scouts from Troop 306 in attendance as a requirement for earning a Communications merit badge and Citizenship in the Community merit badge. The Regular Meeting was recessed at 7.48 p.m. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 8'08 p in. on Tuesday, August 11, 2009, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to: 20. Personnel Pursuant to Section 551.074 of the Texas Government Code - Interview and Discuss Candidates to Fill the Vacancy on the Economic Development Corporation The Executive Session adjourned at 10:27 p.m. on Tuesday, August 11, 2009 21. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into Regular Meeting at 10:30 p.m. on Tuesday, August 11, 2009 The following action was taken on items discussed in Executive Session. 22, Consider Making an Appointment to Fill a Vacancy in Place No. 3 of the Allen Economic Development Corporation. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember Caplinger, the Council voted seven (7) for and none (0) opposed to appoint Susan Bartlemay to complete ALLEN CITY COUNCIL REGULAR MEETING AUGUST 11, 2009 PAGE 6 the unexpired term in Place No. 3 of the Allen Economic Development Corporation and set a term expiration date of September 30, 2011 The motion carried. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 10:31 p.m. on Tuesday, August 11, 2009 The motion carried. These minutes approved on the 25" day of August, 2009 APPROVED: Stephen Terrell, MAYOR ATTEST: Shellc�r-RMC, CITYSENLIZETAWY