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Home My WebLink AboutMin - City Council - 2013 - 10/08 - RegularALLEN CITY COUNCIL REGULAR MEETING OCTOBER 8, 2013 Present: Stephen Terrell, Mayor Councilmembers: GanL Caplinger, Mayor Pro Tem Kun Kizer Ross Obermey ci Joey Herald Robin L Sedheek Baltic Brooks City Staff: Peter H. Vargas, City Manager Shellt Siemer, Assistant City Manager Shelley B George, City Secretary Teresa Warren, Director, Public and Media Relations Office Live f Ilounger. Assistant to the City Manager Pete Smith, Ch Attorney Workshop Session With a quoin in of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6^9 p.m. on Tuesday, October 8, 2013, in the Council Conference Room of the Allen Cry Hall, 305 Century Parkway, Allen, Teras. • Update Regarding West Nile Virus Campaign • Update Regarding Comprehensive Plan Update Process and Public Input Component • Committee Updates from City Council Liaisons • Questions on Current Agenda With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7.01 p m. on Tuesday, October 8, 2013 Call 10 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 May or Terrell at 7 04 p on. on Tuesday, October 8, 2013, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. pledge of Allegiance Public Recognition Citizens' Comment ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 8, 2013 PAGE 2 2. Present Plaques -of -Appreciation to Former Members of the Various Boards and Commissions. • Susan Bartlemay Economic Development Corporation, 2009-13 • Hugh Brown, Library Board, 2009-13 • Beverly Pruitt, Keep Allen Beautiful Board, 2007-13 • Lonnie Simmons, Community Development Corporation, 2004-13 • Rajeev Verma, Library Board, 2009-13 3. Presentation of a Check From Market Street Indicating a Five Year Commitment as the Title Sponsor of Allen USA. This item NN as rescheduled to the October 22, 2013, Regular Meeting. Consent Agenda MOTION: Upon a motion made bN Councilmember Obermeyer and a second by Councdmember Brooks, the Council voted seven (7) for and none (0) opposed to adopt the items on the Consent Agenda as follows 4. Approve Minutes of the September 24, 2013, Regular Meeting. 5. 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. 3178-10-13: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING A NEGOTIATED RESOLUTION BEI WEEN THE AIMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING I'HE COMPANY'S 2013 ANNUAL RATE REVIEW MECHANISM FILING; DECLARING EXIS"PING RATES TO BE UNREASONABLE, ADOPTING TARIFFS ]HAL REFLEC"1 RATE ADJUSTMENTS CONSISTENT WITH THE SEI ILEMENT AND FINDING THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RA 1 LMAKING 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, PROVIDING A MOST FAVORED NATIONS CLAUSE: AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMI F FEE'S LEGAL COUNSEL. 6. Authorize the City Manager to Negotiate and Execute Individual Arena License Agreements Between the City of Allen and Top Shelf LLC, a Texas Limited Liability Company (Allen Americans); Dallas Sidekicks, LLC, a Texas Limited Liability Company; and Championship Sports Group. LLC, a Texas Limited Liability Company (Texas Revolution) to Base Professional Sports Teams at the Allen Event Center. 7. Accept the Resignation of Rebecca Tudor and Declare a Vacancy in Place No. 4 of the Community Development Corporation. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 8, 2013 PAGE 3 8. Declare a Vacancy and Confirm the Appointment Made by the Allen City Council on September 24, 2013, in Place No. 2 of the Parks and Recreation Board. 9. Motion to Confirm Appointments Made by the Allen City Council on September 24, 2013, to Fill New Terms on the Convention and Visitors Bureau Advisory Board. The motion carried Regular Aeenda 10. Consider All Matters Incident and Related to the Issuance and Sale of City of Allen, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 2013, Including the Adoption of an Ordinance Authorizing the Issuance of Such Bonds, Establishing Parameters for the Sale and Issuance of Such Bonds and Delegating Certain Matters to Authorized City Officials. ORDINANCE NO. 3179-10-13. AN ORDINANCE AUTHORIZING 'FIE ISSUANCE OF "CITY OF ALLEN, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2013"; PLEDGING I"I4E NET REVENUES OF THE CITY'S COMBINED WATERWORKS AND SEWER SYSTEM TO THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT, AND DELIVERY OF SAID BONDS, INCLUDING ESTABLISHING PARAMETERS THEREFOR AND DELEGATING MATTERS RELATING TO THE SALE AND ISSUANCE OF THE BONDS TO AUTHORIZED CITY ® OFFICIALS MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No 3179-10-13, as previously captioned, authorizing the issuance of "City of Allen, Texas, Water and Sewer Revenue Refunding Bonds, Series 2013", authorizing the City staff to proceed with the arrangements related to the sale, establishing the parameters for the sale, authorizing the issuance of such bonds, appointing Pricing Officers, delegating certain matters to authorized City officials, and providing for the redemption of certain outstanding bonds of the City being refunded, and the approval and distribution of an Official Statement The motion carried. 11. Conduct a Public Hearing and Adopt an Ordinance to Approve a Site Plan for Phase 1 of the Ace Pet Resort, Located on 3.150± acres at the Northwest Corner of Main Street and Roaring Springs Drive. [Allen Veterinary Hospital] 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. 3180-10-13: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN. COLLIN COUNTY, TEXAS, ADOPTING A SITE PLAN FOR THE USE AND DEVELOPMENT OF A 3.15± ACRE TRACT OF LAND OUT OF THE PETER WETZEL SURVEY, ABSTRACT NO. 990, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A", HERETO, AND LOCATED IN PLANNED DEVELOPMENT NO. 5 FOR SHOPPING CENTER -SC'- USES ("PD NO. 5"); PROVIDING A CONFLICTS RESOLUTION CLAUSE, PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 8, 2013 PAGE 4 PROVIDING A PENALTY OF FINE NOT '1'O EXCEED $2000.00, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Caplinger and a second by Commilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3180-10-13, as previously captioned, to approve the Site Plan for Phase I of the Ace Pet Resort, located at the northwest comer of Main Street and Roaring Springs Drive. The motion carried. The Mavor moved to Other Business Other Business 13. Calendar. 14. Items of Interest. • Council wished a Happy Birthday to Comwilmember Herald and City Manager Peter Vargas • Council mcogitixO Cub Scouts from troop #1222 and Boy Scouts from troop #12112 in attendance for their communications merit badge, The Regular Meeting was recessed at 7135 p.m. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 7:37 p m. on Tuesday, October 8, 2013, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to, 15. Personnel Pursuant to Section 55.074 of the Texas Government Code - Discuss Appointments to the Allen Community Development Corporation. The F.xecuuse Session ad3oumed at 7 52 p,m. on Tuesday, October 8, 2013. 16. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into the Regular Meeting at 7:55 p.m on Tuesday, October 8,'_013 The following action was taken on items discussed during the Executive Session. 12. Consider Appointments to Fill Expiring Terms and Vacancies on the Following Boards, Commissions, Committees and Corporations: Community Development Corporation Board, Convention and Visitors Bureau Advisory Board, and Library Board. MOTION; Upon a motion made by Councilmember Brooks and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to nominate the following individuals as recommended by the Council Nominating Committee to the designated places on the Community Development Corporation Board, Convention and Visitors Bureau Advisory Board, and Library Board, respectively ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 8, 2013 PAGE 5 The motion carried. MOTION: Upon a motion made by Councdmember Herald and a second by Councilmember Brooks, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7'57 p.m. on Tuesday, October 8, 2013. The motion carried. These minutes approved on the 22" day of October, 2013. APPROVED: A11MAYOReq ATTEST: Shelley B. George, C, CITY SECEMTARY I Communit} Development Corporation Expiration Date Place No 4 Ron Alexander September 30, 2014 Place No 5 Libby Jones September 30, 2015 Library Board Exmration Date Place No 5 Lichuan (Lia) Bai September 30, 2015 The motion carried. MOTION: Upon a motion made by Councdmember Herald and a second by Councilmember Brooks, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7'57 p.m. on Tuesday, October 8, 2013. The motion carried. These minutes approved on the 22" day of October, 2013. APPROVED: A11MAYOReq ATTEST: Shelley B. George, C, CITY SECEMTARY I