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Home My WebLink AboutMin - City Council - 2011 - 08/09 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 9, 2011 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 H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, City Secretary Pete Smith, City Attorney i 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 7:07 p.m. on Tuesday, August 9, 2011, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Phallic of Allegiance Public Recognition 1. Citizens' Comments MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Caplinger, 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 26, 2011, Regular Meeting. 3. Adopt an Ordinance Approving a Negotiated Settlement Between the Atmos Cities Steering Committee and Atmos Energy Corporation Regarding the Company's Rate Review Mechanism (RRM). ORDINANCE NO. 3020-8-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION ALLEN CITY COUNCIL REGULAR MEETING AUGUST 9, 2011 IZx"*4 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 FOURTH ANNUAL RATE REVIEW MECHANISM ("RRM") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES '10 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; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES, DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT, ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL, AND PROVIDING AN EFFECTIVE DATE. Adopt a Resolution Authorizing the City Manager to Enter into a Restated Interlocal Agreement between the City of Allen and Collin County Relating to Engineering and Construction of Ridgeview Drive Paving and Drainage Improvements from Alma Drive to US 75. RESOLUTION NO. 3021-8-11(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT WITH COLLIN 4 COUNTY, TEXAS, RELATING TO ENGINEERING AND CONSTRUCTION OF THE 2007 BOND PROJECT 07-008 RIDGEVIEW DRIVE PAVING AND DRAINAGE IMPROVEMENTS FROM ALMA DRIVE TO US 75; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. 5. Award Bid and Authorize the City Manager to Execute a Contract with Sunbelt Pools to Replaster the Competition Pool at the Don Rodenbaugh Natatorium for $82,149 and Establish a Project budget of $90,000. 6. Receive the Financial Report for the Period Ending June 30, 2011. 7. Receive Investment Report for the Period Ending June 30, 2011. The motion carried. Reeular Agenda 8. 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 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. Mayor Terrell announced that the City Council will vote on the budget at the September 13, 2011, City Council meeting at 7:00 PM at Allen City Hall, 305 Century Parkway, Allen, Texas. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 9, 2011 PAGE 3 E9. Conduct a Public Hearing Regarding the Fiscal Year 2011-2012 City Tax Rate. 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. MOTION: Upon a motion made by Mayor Pro Tem Stout and a second by Counedmember Obenneyer, the Council voted seven (7) for and none (0) opposed to set the City Council meeting date of September 13, 2011, at 7 p.m. at Allen City Hall, 305 Century Parkway, Allen, Texas, to vote on the proposed tax rate of 551 per $100 of the certified appraised value for the Fiscal Year 2011-2012 budget. The motion carried. 10. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit (SUP) No. 119 for a Car Wash. The property is 1.8513± acres situated in Abstract 1026, Henry Wetzel Survey, known as Lot 6, Block A, Greenville Center Addition, Collin County, Texas; located south of Stacy Road and west of State Highway 5/Greenville Avenue. [Bluewave Car Wash 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. ORDINANCE NO. 3022-8-11: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 119 TO ALLOW A CAR WASH ON A 1.8513± ACRE TRACT OF LAND DESCRIBED AS LOT 6, BLOCK A OF THE FINAL PLAT FOR GREENVILLE CENTER ADDITION, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 386 E. STACY ROAD, ALLEN, TEXAS) PRESENTLY ZONED CORRIDOR COMMERCIAL — "CC"; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, ELEVATIONS, SIGN PLAN AND NOISE EXHIBIT; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; 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 Ordinance No. 3022-8-11, as previously captioned, adopting Specific Use Permit No. 119 for a Car Wash. The motion carried 11. Conduct a Public Hearing and Adopt a Resolution Approving the 2011-2012 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. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 9, 2011 PAGE 4 RESOLUTION NO. 30234;-II(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2011-2012 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 Caplinger and seconded by Councilmember McGregor, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 3023-8-1 l(R), as previously captioned, approving the 2011-2012 Annual Action Plan for the Community Development Block Grant (CDBG) Program. The motion carried. 12. Calendar. August 12-14 - City Council Budget Workshop August 23 - Public Hearing on the Fiscal Year 2011-2012 City Budget August 23 - Public Hearing on the Fiscal Year 2011-2012 City Tax Rate 13. Items of Interest. Council recognized a Boy Scout from Troop 310 in attendance as a requirement for earning a merit badge. Executive Session The Executive Session was not held 14. Reconvene and Consider Action on Items Discussed during Executive Session. Adjourn 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 adjourn the Regular Meeting of the Allen City Council at 7,40 p.m. on Tuesday, August 9, 2011. The motion carried. These minutes approved on the 23rd day of August, 2011. APPRO D: Akz Stephen'Terrell, MAYOR ATTEST: ( Se ey B. Geo4, CITY SEcRVrARY