Min - City Council - 2012 - 02/14 - RegularDebbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Gary L. Caplinger
Baine Brooks
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 14, 2012
City Stag:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Wes Pierson, Assistant City Manager
Shelley B. George, City Secretary
Pete Smith, 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 6:17 p.m. on Tuesday, February 14, 2012, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Introduction of George Chrisman, President of Community Development Corporation
• Presentation by Texas Department of Transportation (TxDOT) Regarding US 75
• Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6'59 p M. on
Tuesday, February 14, 2012.
Call to Order and Announce a Ouorum 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 11 p.m on Tuesday, February 14, 2012, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledge of Alleeiance
Administration of the Oath -of -Office
to Newly Elected Councilmember Baine Brooks
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Gary L. Caplinger
Baine Brooks
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 14, 2012
City Stag:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Wes Pierson, Assistant City Manager
Shelley B. George, City Secretary
Pete Smith, 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 6:17 p.m. on Tuesday, February 14, 2012, in the Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
• Introduction of George Chrisman, President of Community Development Corporation
• Presentation by Texas Department of Transportation (TxDOT) Regarding US 75
• Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6'59 p M. on
Tuesday, February 14, 2012.
Call to Order and Announce a Ouorum 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 11 p.m on Tuesday, February 14, 2012, in the Council Chambers of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
Pledge of Alleeiance
Administration of the Oath -of -Office
to Newly Elected Councilmember Baine Brooks
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 14, 2012
PAGE
City Secretary George administered the Oath -of -Office to newly elected Councilmember Baine Brooks, Place
No. 6. Councilmember Brooks took his place at the Council bench.
Public Recoenition
1. Citizens' Comments
2. Presentation of the Community Development Corporation's Annual Report by George
Chrisman, President.
3. Update on the Lone Star Conference, Men's and Women's Basketball Championship.
Consent Aeenda
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Herald, 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 January 24, 2012, Regular Meeting.
5. Approve Minutes of the January 25, 2012, Special Called Meeting to Canvass the Election
Results of the January 17, 2012, Special Runoff Election.
6. Approve Minutes of the February 4, 2012, Special Called Workshop for Strategic Planning.
7. Adopt a Resolution to Suspend the Effective Date of Atmos Energy Corp., Mid -Tex Division's
Requested Rate Increase for Natural Gas Utility Rates for the Maximum Period Allowed by
Law.
RESOLUTION NO. 3061-2-12HP : A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, SUSPENDING THE MARCH 6, 2012, EFFECTIVE
DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX") REQUESTED
RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO
ESTABLISH REASONABLE RATES, APPROVING COOPERATION WITH ATMOS CITIES
STEERING COMMITTEE ("ACSC") AND OTHER CITIES IN THE ATMOS MID-TEX
SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE
WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS;
REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES, FINDING T14AT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY
AND ACSC'S LEGAL COUNSEL; AND PROVIDING FOR AN EFFECTIVE DATE.
8. Adopt a Resolution Amending Resolution No. 3015-6-11(R) Changing the Name of Enterprise
Zone Designation Project Frontier Communication Corporation to Frontier North.
1 RESOLUTION NO, 3062-2-12IR): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING RESOLUTION NO. 3015-6-11(R) BY
CHANGING THE NAME OF THE ENTERPRISE ZONE DESIGNATION PROJECT OF
FRONTIER COMMUNICATION CORPORATION TO FRONTIER NORTH; PROVIDING A
REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 14, 2012
PAGE
9. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or
Terminate the Third Year of a Three -Year Grant from the State of Texas, Office of the
Governor, Criminal Justice Division to Fund a Family Violence Investigation and Prevention
Officer.
RESOLUTION NO. 3063-2-12(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR ACCEPT, REJECT, ALTER OR
TERMINATE GRANT # 2350203, A GRANT FROM THE STATE OF TEXAS, OFFICE OF THE
GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A FAMILY
VIOLENCE INVESTIGATION AND PREVENTION OFFICER, IF AWARDED; AND
PROVIDING FOR AN EFFECTIVE DATE.
10. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or
Terminate a Grant from the State of Texas, Office of the Governor, Criminal Justice Division to
Fund New Physical Fitness Equipment for Police Employees.
RESOLUTION NO. 3064-2-12(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR
TERMINATE GRANT 425869-01, A GRANT FROM THE STATE OF TEXAS, OFFICE OF THE
GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR NEW PHYSICAL
FITNESS EQUIPMENT FOR POLICE PERSONNEL.
11. Award Bid and Authorize the City Manager to Execute a Contract with Jim Bowman
Construction Company, L.P. in the Amount of $1,106,901.50 for the Main Street
Reconstruction Project and Amend the Project Budget to $1,525,000.
12. Accept the Resignation of Kurt Kizer and Declare a Vacancy in Place No. 2 on the Planning and
Zoning Commission.
13. Receive the Financial Report for Period Ending December 31, 2011.
14. Receive the Investment Report for the Period Ending December 31, 2011.
The motion carried.
15. Conduct a Public Hearing and Adopt an Ordinance Amending the Concept Plan and
Development Regulations for Planned Development No. 86 Shopping Center SC on 8.8314±
Acres of Property Located at the Southeast Corner of Stacy Road and Watters Road. [Watters
Village
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
1 With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3065-2-12: 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 BY AMENDING PLANNED DEVELOPMENT
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 14, 2012
PAGE 4
PD NO. 86, AS PREVIOUSLY AMENDED, BY AMENDING THE DEVELOPMENT
REGULATIONS, CONCEPT PLAN, AND BUILDING ELEVATIONS RELATING TO 8.8314±
ACRES OF LAND IN THE JOHN FYKE SURVEY, ABSTRACT NO. 325, CITY OF ALLEN,
COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A";
PROVIDING A CONFLICTS RESOLUTION 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 Sedlacek and a second by Councilmember Herald,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3065-2-12, as
previously captioned, to amend the Concept Plan and Development Regulations for Planned
Development No. 86 Shopping Center SC with the added condition that the eight (8) foot
masonry wall shall be completed in its entirety when the next lot develops. The motion
carried.
16. Conduct a Public Hearing and Adopt an Ordinance Adopting a Concept Plan and Amending
the Development Regulations for Planned Development No. 92 Shopping Center SC on 3.76±
Acres of Property Located at the Northeast Corner of Stacy Road and Watters Road.[Stacy-
Watters Retail
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. 3066-2-12: 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, BY AMENDING PLANNED DEVELOPMENT
NO. 92 BY AMENDING THE DEVELOPMENT REGULATIONS AND ADOPTING A
CONCEPT PLAN AND BUILDING ELEVATIONS FOR `TRACT NP OF PD 92 BEING 3.76±
ACRES OF LAND IN THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A",
PROVIDING A CONFLICTS RESOLUTION 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 Herald,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No 3066-2-12, as
previously captioned, to adopt a Concept Plan and amend the Development Regulations for
Planned Development No. 92 Shopping Center SC with the added regulation that a restaurant
with drive-through use is prohibited. The motion carried.
17. Conduct a Public Hearing and Adopt an Ordinance for Specific Use Permit SUP No. 122 for a
1 Car Wash on 1.1425± Acres of Property Located South of Stacy Road and Approximately 520
Feet West of Greenville Avenue. [BlueWave Express 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
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 14, 2012 PAGE 5
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3067-2-12: 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. 122 TO ALLOW A CAR WASH ON A 1.1425± ACRE TRACT OF LAND SITUATED IN
THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; 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 Mayor Pro Tem Stout and a second by Councilmember Caplinger,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3067-2-12, as
previously captioned, to approve Specific Use Permit SUP No. 122 for a car wash with the
added regulation that any form of hand drying at the exit of the car wash is prohibited. The
motion carried.
18. Motion to Confirm City Council Appointments to the Following Council Standing Committees
for Fiscal Year 2011-12 as Recommended by Mayor Terrell: Mayor's Committee,
Finance/Audit Committee, and Convention and Visitors Bureau Committee.
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 confirm the following appointments
to the Council Standing Committees for Fiscal Year 2011-12, as recommended by Mayor
Terrell: Mayor's Committee: Mayor Terrell and Mayor Pro Tem Stout; Finance/Audit
Committee: Councilmembers Sedlacek, Caplinger and Brooks; and, Convention and Visitors
Bureau Committee: Councilmembers Sedlacek and Herald and Mayor Pro Tem Stout. The
motion carried.
Other Business
19. Calendar
• February 15 — Community Reception Honoring Police Chief Brian Harvey, Allen Senior Center,
4-6pin.
• February 25 — Sam Bass Day, 10 am — 2pm at the Train Depot
• February 29 - March 4- Lone Star Conference
20. Items of Interest
• Council recognized Boy Scouts from Troops 817 and 328 in attendance as a requirement for
1earning the Citizenship merit badge.
• Council wished Sara Herald a happy 18" birthday
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 14, 2012 PAGE 6
1 The Executive Session was not held.
21. Reconvene and Consider Action on Items Discussed during Executive Session.
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 8:02 p.m. on Tuesday, February 14, 2012. The motion carried.
These minutes approved on the 281h day of February, 2012.
APPROVED:
Stephen Terrell, MAYOR
1:140 Y *1119
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Shelley B. G e, CITY SWRETARY
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