Min - City Council - 2010 - 09/28 - RegularALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 28, 2010
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
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 16 p in. on Tuesday, September 28, 2010, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas. The following items were discussed:
• Briefing Regarding Planning for the Tom Thumb Texas Stampede
• Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:45 p.m. on
Tuesday, September 28, 2010.
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 7.00 p.m. on Tuesday, September 28, 2010, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledge of Alleeiance
1. Citizens'Comments.
Xiaoqing Jin, 22 Buchanan Place, Allen, Texas, asked the City Council to consider adopting a water
leak policy for utility billing services
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SEPTEMBER 2S, 2010 PAGE 2
2. Presentation by Jane Bennett, Chairperson for ALLen Reads, Regarding the 2011 ALLen
Reads Program.
3. Briefing by Friends of the Allen Public Library Board President, Ann Livingston, Regarding
the Friends of the Allen Public Library Annual Membership Drive.
Consent Agenda
MOTION: Upon a motion made by Councilmember Herald 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:
4. Approve Minutes of the September S, 2010, Special Called Workshop.
5. Approve Minutes of the September 14, 2010, Regular Meeting.
6. Adopt an Ordinance Abandoning Belmont Drive, East of Ash Drive, and the Alley Between
Belmont Drive and McDermott Drive to the Adjacent Property Owners.
ORDINANCE NO. 2950-9-10: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN
BELMONT DRIVE (EAST OF ASH DRIVE) AND THE ALLEY (BETWEEN BELMONT DRIVE
AND MCDERMOTT DRIVE) AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF
THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF COLLIN
COUNTY, TEXAS, AS A QUITCLAIM DEED; PROVIDING FOR THE INDEMNIFICATION OF
THE CITY OF ALLEN, TEXAS, AGAINST DAMAGES ARISING OUT OF THE
ABANDONMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS
NECESSARY TO COMPLETE ABANDONMENT, AND PROVIDING FOR AN EFFECTIVE
DATE,
7. 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. 2951-9-10: 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 THIRD RATE REVIEW MECHANISM
("RRM") 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 MID-TEX'S PROOF OF REVENUES, EXTENDING
THE RRM PROCESS FOR TWO CYCLES AND ADOPTING A NEW REM TARIFF;
RATIFYING THE SETTLEMENT AGREEMENT, INCLUDING COST RECOVERY FOR A
STEEL SERVICE LINE REPLACEMENT PROGRAM; ADOPTING A SAVINGS CLAUSE;
DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE
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REGULAR MEETING
SEPTEMBER 28, 2010
PAGE
REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT, REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL,
AND PROVIDING AN EFFECTIVE DATE.
Adopt a Resolution Establishing a Policy for City Building Dedication Plaques.
RESOLUTION NO. 2952-9-IO(R): A RESOLUTION OF T14E CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING A POLICY FOR BUILDING
DEDICATION PLAQUES, PROVIDING A REPEALING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE,
9. Adopt a Resolution Authorizing the City Manager to Execute a Partial Release of Sanitary
Sewer Easement Locally Known as 2011203 South Greenville Avenue.
RESOLUTION NO. 2953-9-10(R): AN RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE PARTIAL RELEASE OF A
SANITARY SEWER EASEMENT BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
DOCUMENTS NECESSARY TO COMPLETE THE PARTIAL RELEASE, AND PROVIDING
FOR AN EFFECTIVE DATE,
10. Adopt a Resolution Authorizing the City's Bond Counsel, Financial Advisor, and Staff to
Proceed with the Arrangements Related to the Sale of City of Allen, Texas, General Obligation
Refunding Bonds, Series 2010A.
RESOLUTION NO. 29549-10(R): A RESOLUTION APPROVING A DATE FOR THE SALE
OF GENERAL OBLIGATION REFUNDING BONDS, AUTHORIZING APPROPRIATE
PERSONNEL AND CONSULTANTS TO PROCEED WITH ARRANGEMENTS AND THE
PREPARATION OF DOCUMENTS FOR THE ISSUANCE AND SALE OF SUCH BONDS AND
RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO
11. Authorize the City Manager to Approve the Purchase of Two 2010 Dodge Chargers from Dallas
Dodge for the City of Allen Police Department in the Amount of $53,704.
12. Award Bid and Authorize the City Manager to Execute a Contract with Camino Construction,
LP for Morgan Crossing Sanitary Sewer Rehabilitation in the Amount of $92,403 and Establish
a Project Budget in the Amount of $110,000.
13. Authorize the City Manager to Execute a Contract with Polaris Library Systems in the Amount
of $70,761 for the Installation, Implementation, and First Year Maintenance of a Library
Automation System and Establish a Project Budget of $117,111.
14. Authorize the City Manager to Execute an Event License Agreement Between the City of Allen
and Allen Football LLC, Owned by Jim Smith, to Base an Indoor Football League (IFL) Team
at the Allen Event Center.
15, Motion to Authorize Mayor Terrell to Cast Votes and Sign the Ballot for the Texas Municipal
League Intergovernmental Risk Pool Board of Trustees Election.
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SEPTEMBER 28, 2010 PAGE 4
16. Motion to Set Saturday, January 29, 2011, as the Date for the Strategic Planning Session with
City Council and Executive Staff.
17. Receive the Summary of Property Tax Collections as of August 2010.
18. Receive the Capital Improvement Program (CIP) Status Reports.
The motion carried.
Reeular Aeenda
19. Conduct a Public Hearing and Adept an Ordinance Granting SUP Specific Use Permit No. 112
for Commercial Amusement (Outdoor) for Top Golf. The Property is 013.291± acres Being Part
of Lot 2A, Block B, Village at Allen Addition; Located Northeast of the Intersection of Allen
Station Parkway and Cabela Drive.
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. 2955-9-10: 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 THIRD RATE REVIEW MECHANISM
("RRM") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING
EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE
CITIES' REASONABLE RATEMAKING EXPENSES, ADOPTING TARIFFS THAI' 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 MID-TEX'S PROOF OF REVENUES, EXTENDING
THE RRM PROCESS FOR TWO CYCLES AND ADOPTING A NEW RRM TARIFF;
RATIFYING THE SETTLEMENT AGREEMENT, INCLUDING COST RECOVERY FOR A
STEEL SERVICE LINE REPLACEMENT PROGRAM; ADOPTING A SAVINGS CLAUSE;
DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT, REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL,
AND PROVIDING AN EFFECTIVE DATE.
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 adopt Ordinance No 2955-9-10, as
previously captioned, granting Specific Use Permit No 112 for a Commercial Amusement
(outdoor) for Top Golf on Property Zoned PD Planned Development No 73, on 13'_91 t
Acres located being part of Lot 2A, Block B, Village at Allen Addition; located northeast of
the intersection of Allen Station Parkwav and Cabela Drive. The motion carried.
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SEPTEMBER 28, 2010
PAGE 5
20. Conduct a Public Hearing and Adopt an Ordinance Granting a Zoning Change from GO
Garden Office to O Office for Cornerstone Corporate Office Park, Phase 11. The Property is
5.288+ acres Being Lot 1, Block A, Ridgemont/75 Addition, Located at 1101 S. Central
Expressway. [National American University[
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. 2956-9-10: AN 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 CHANGING
THE ZONING OF A 5.288 ± ACRES OUT OF THE THOMAS G KENNEDY SURVEY,
ABSTRACT NO. 500, THE RUFUS SEWELL SURVEY, ABSTRACT NO. 875, AND THE MCBAIN
JAMISON SURVEY, ABSTRACT NO. 491, CITY OF ALLEN, COLLIN COUNTY, TEXAS,
DESCRIBED IN EXHIBIT "A," ATTACHED HERETO FROM "GO" GARDEN OFFICE, TO "O"
OFFICE, ADOPTING A LAND USE PLAN; PROVIDING FOR A CONFLICTS RESOLUTION
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR 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 Councdmember
Sedlacek, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2956-9-10, as previously captioned, granting a zoning change of 5288+ acres of property,
located at 1101 S Central Expressway, from GO Garden Office to O Office for Cornerstone
Corporate Office Park, Phase 11. The motion carried.
21. Conduct a Public Hearing and Adopt an Ordinance Granting SUP Specific Use Permit No. 113
for National American University. The Property is 5.288± acres Being Lot 1, Block A,
Ridgemontl75 Addition, to be Located in 4,439 Square Feet of Space in the Office Building at
1101 S. Central Expressway, Suite 100.
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. 2957-9-10: 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. 113 TO ALLOW A 4,439 SQUARE FOOT PORTION OF THE BUILDING LOCATED ON A
5.288 + ACRE TRACT OF LAND PRESENTLY ZONED GO — "GARDEN OFFICE" (ALSO
KNOWN AS 1101 S. CENTRAL EXPRESSWAY, SUITE #100, ALLEN, TEXAS,) FOR A
UNIVERSITY; PROVIDING FOR SPECIAL CONDITIONS, ADOPTING A FLOOR PLAN;
PROVIDING FOR 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.
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PAGE 6
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.
2956-9-10, as previously captioned, granting Specific Use Permit No. 113 for National
American University; located in 4,439 square feet of space in the office building at 1101 S
Central Expressway, Suite 100. The motion carried.
The Regular Meeting was recessed at 7.45 p.m.
Executive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
755 p.m. on Tuesday, September 28, 2010, in the Council Conference Room, 305 Century Parkway, Allen,
Texas, in order to discuss matters pertaining to:
27. Personnel Pursuant to Section 551.074 of the Texas Government Code —
Discuss Appointments to the Allen Community Development Corporation, Allen Economic
Development Corporation, Arts of Collin County Commission, Board of Adjustment, Building and
Standards Commission, and Planning and Zoning Commission.
The Executive Session adjourned at 9:35 p.m on Tuesday, September 28, 2010.
28. Reconvene and Consider Action on Items Discusses during Executive Session.
The Allen City Council reconvened into the Regular Meeting at 9 40 p.m. on Tuesday, September 28,
2010
22. Consider Appointments to Fill Expiring Terms and Vacancies on the Following Boards,
Commissions, Committees and Corporations: Animal Shelter Advisory Committee, Arts of
Collin County Commission, Board of Adjustment/Building and Standards Commission/Sign
Control Board, Allen Community Development Corporation Board, Allen Economic
Development Corporation Board, Keep Allen Beautiful Board, Library Board, Parks and
Recreation Board, Planning and Zoning Commission, Public Art Committee and City Health
Officer.
Councilmember Obermeyer presented the slate of nominations as recommended by the Council
Nominating Committee.
Animal Shelter Advisory Committee Expiration Date
Place No. 3 Dawn Blue September 30, 2012
Arts of Collin County Expiration Date
Allen Representative Charles Nies September 30, 2013
Board of Adiustment/Building & Standards Com. /Sum Board Expiration Date
Place No. 2 Thomas Wierzbieki September 30, 2012
Place No. 4 Deborah Angell Smith September 30, 2012
AIL Place No. 3 Kimberly Clark September 30, 2011
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REGULAR MEETING
SEPTEMBER 2S, 2010
Central Business District Desipn Review Committee Expiration Dale
Place No 2 Michael Orr September 30, 2012
Keep Allen Beautiful
Expiration Date
Place No. 2
John Ogrizovich
September 30, 2012
Place No. 4
Moody Brown
September 30, 2012
Place No. 6
Kerry Craven
September 30, 2012
Library Board
Expiration Date
Place No 2
Diane Knaack
September 30, 2012
Place No 4
Geoffrey Smith
September 30, 2012
Place No 6
Devita Widmer
September 30, 2012
Parks and Recreation Board
Expiration Date
Place No. 2
Libby Jones
September 30, 2012
Place No. 4
Todd McIntosh
September 30, 2012
Place No. 6
Robert Burgess
September 30, 2012
Planning and Zoning Commission
Expiration Date
Place No I
Ben Trahan
September 30, 2011
Place No. 2
Kurt Kizer
September 30, 2012
Place No. 4
Jeff Cocking
September 30, 2012
Place No 6
Robert Wendland
September 30, 2012
Public Art Committee
Expiration Date
Place No. 2
Luke Hollingsworth
September 30, 2012
Place No 4
Jane Bennett
September 30, 2012
Place No. 6
Karis Jones
September 30, 2012
PAGE 7
City Health Officer Expiration Date
City Health Officer John Connolly September 30, 2012
No nominations were made for the Allen Community Development Corporation and Allen Economic
Development Corporation.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councdmember
Caplinger, the Council voted seven (7) for and none (0) opposed to accept the nominations
presented by the Council Nominating Committee and that the slate of individuals previously
nominated be appointed by acclamation to the designated places on the Allen Animal Shelter
Advisory Committee, Arts of Collin County Board of Adjustment/Building and Standards
Commission/Sign Control Board, Central Business District Design Review Committee, Keep
Allen Beautiful Board, Library Board, Parks and Recreation Board, Planning and Zoning
Commission, Public An Committee, and City Health Officer, respectively The motion
carried.
23. Motion to Confirm Appointments of Councilmembers as Liaisons to City Boards and
Commissions, as Nominated by Mayor Terrell.
Mawr Terrell made the following nominations:
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 28, 2010
1 Mayor Pro Tem Stout Public An Committee
Councilmember Obermeyer
Councilmember Herald
Councilmember Sedlacek
Councilmember Caplinger
Councilmember McGregor
Arts of Collin County Commission;
North Texas Municipal Water District
Allen Chamber of Commerce;
Parks and Recreation Board,
Planning & Zoning Commission
Library Board;
Allen Community Outreach Advisory Board
Board of Adjustment,
Building & Standards Commission;
Sign Control Board
Animal Shelter Advisory Committee,
Keep Allen Beautiful
PAGE
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 confine the appointments of
Councilmembers as Board Liaisons to City Boards and Commissions, as recommended by
Mayor Terrell. The motion carried.
24. Motion to Confirm City Council Appointments to the following Council Standing Committees
for Fiscal Year 2010-11 as Recommended by Mayor Terrell: Convention and Visitors Bureau
Committee, Finance/Audit Committee, and Mayor's Committee.
No action was taken on this item.
25. Calendar.
26. Items of Interest.
• Council wished a happy birthday to Katie Herald
• Council wished a happy birthday to Mayor Terrell's father.
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 9'44 p.m. on Tuesday, September 28, 2010. The motion carried.
ALLEN CITY COUNCIL
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SEPTEMBER 2S, 2010 PAGE 9
[ These minutes approved on the 12 day of October, 2010.
ATTEST:
Shelley B. George, CWY SECRETARY
I
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Stephen Terrell, MAYOR