Min - 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
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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:
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Se ey B. Geo4, CITY SEcRVrARY