Min - 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
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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.
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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:
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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"
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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
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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