Min - City Council - 2012 - 05/08 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 8, 2012
Present:
Stephen Terrell, Mayor
Councilmembers:
Debbie Stout, Mayor Pro Tem
Ross Obermeyer
Joey Herald
Robin L. Sedlacek
Gary L. Caplinger
Baine Brooks
City StatL
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Wes Pierson, Assistant City Manager
Shelley B. George, City Secretary
Teresa Warren, Director, Public and Media Relations Office
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 6:07 p.m. on Tuesday, May 8, 2012, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas.
• Discussion Regarding the Rates and Fees for Commercial and Residential Solid Waste, Recycling,
and Household Hazardous Waste Services
• Update Regarding Golf Course Branding
• Committee Updates from City Council Liaisons
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:09 p.m, on
Tuesday, May 8, 2012.
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 7:14 p.m. on Tuesday, May 8, 2012, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
1 Pledee of Alleeiance
Public Recognition
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 8, 2012 PAGE 2
1. Citizens' Comments.
2. Recognition of the Reuse -a -Shoe Competition Winners.
• Grand Prize School Winner: Kerr Elementary, collecting 1,062 pairs of shoes
• Class Winner: Mrs. Elston's 6th grade class from Kerr Elementary, collecting 473 pairs of shoes
• Student Winner: Maya Bullock, Kerr Elementary 6th grader, collecting 343 pairs of shoes
3. Annual Report by Greg Roemer, President, and Robert Medigovich, Municipal Coordinator
for Community Waste Disposal, Inc. (CWD).
Consent Agenda
MOTION: Upon a motion made by Councilmember Obermeyer 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:
4. Approve Minutes of the April 24, 2012, Regular Meeting.
5. Adopt an Ordinance Approving and Enacting Supplement No. 9 to the Allen Land
Development Code.
ORDINANCE NO. 3079-5-12: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 9 TO THE ALLEN
LAND DEVELOPMENT CODE; PROVIDING FOR THE PRINTING THEREOF,
AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY;
PROVIDING A REPEAL OF CERTAIN ORDINANCES; PROVIDING EXCEPTIONS TO
REPEAL; PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING
AN EFFECTIVE DATE.
Adopt an Ordinance Changing the Name of'Bush Street'to'Bush Drive'.
ORDINANCE NO. 3080-5-12: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, CHANGING THE NAME OF BUSH STREET IN ITS
ENTIRETY TO BUSH DRIVE AS DESCRIBED ON EXHIBIT "A"; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Adopt a Resolution to Deny Atmos Energy Corporation, Mid -Tex Division's Request to
Increase Natural Gas Utility Rates.
RESOLUTION NO. 3081-5-12: A RESOLUTION OF THE CITY COUNCIL OF T14E CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DENYING ATMOS ENERGY CORP., MID-TEX
DIVISION'S ("ATMOS MID-TEX") REQUESTED RATE CHANGE. REQUIRING THE
COMPANY TO REIMBURSE THE CITY'S REASONABLE RATEMAKING EXPENSES,
FINDING THAT 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 AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 8, 2012
PAGE 3
8. Approval of the Recommendations from the Tax Increment Financing Reinvestment Zone No.
1 (Garden District) Board of Directors Relating to Payments from the TIF Fund.
Authorize the City Manager to Execute a Three-year Contract with an Option to Renew for
Two Additional Years with Weaver and Tidwell, L.L.P. for Professional Auditing Services.
10. Award Bid and Authorize the City Manager to Execute a Contract with American Landscape
Systems, Inc. in the Amount of $455,296.55 for the Exchange Parkway Median Improvements
Project and Amend the Project Budget to $560,000.
11. Award Bid and Authorize the City Manager to Execute a Contract with Mel's Electric, LP in
the Amount of $339,414.80 for the Bethany Drive LED Streetlights Project.
12. Receive the Investment Report for the Period Ending March 31, 2012.
13. Receive the Financial Report for Period Ending March 31, 2012.
The motion carried.
14. Conduct a Public Hearing and Adopt an Ordinance for Specific Use Permit SUP No. 123 for a
Martial Arts Studio for Capo6ira Allen, 650 Square Feet of Space known as 410 N. Greenville,
Suite #120, Located East of Greenville Avenue and South of Pebblebrook Drive. )Capo6ira
Allen)
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. 3082-5-12: 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. 123 TO ALLOW A 650 SQUARE FOOT PORTION OF THE BUILDING LOCATED ON
LOT 1, PEBBLEBROOK VILLAGE PHASE I, CITY OF ALLEN, TEXAS (ALSO KNOWN AS
410 N. GREENVILLE, SUITE 4120, ALLEN, TEXAS) PRESENTLY ZONED PLANNED
DEVELOPMENT NO. 6 SHOPPING CENTER `5C," TO BE USED FOR A MARTIAL ARTS
STUDIO; ADOPTING A SITE 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.
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 adopt Ordinance No 3082-5-12, as
1 previously captioned, to approve Specific Use Permit SUP No. 123 for a martial arts studio
for Capoeira Allen, 650 square feet of space known as 410 N. Greenville Avenue, Suite #120,
located east of Greenville Avenue and south of Pebblebrook Drive. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 8, 2012
PAGE 4
15. Conduct a Public Hearing and Adopt an Ordinance for Specific Use Permit SUP No. 124 for a
Fitness and Health Center for Medi Moves, 1260 Square Feet of Space known as 717 S.
Greenville Avenue, Suite 122, Located at the Northeast Corner of Bethany Drive and Greenville
Avenue. (Medi Moves)
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. 3083-5-12: 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. 124 TO ALLOW A 1,260 SQUARE FOOT PORTION OF THE BUILDING LOCATED ON
LOT 1, BLOCK A OF BETHANY PLAZA ADDITION, CITY OF ALLEN, TEXAS (ALSO
KNOWN AS 717 S GREENVILLE, SUITE #122, ALLEN, TEXAS,) PRESENTLY ZONED
PLANNED DEVELOPMENT NO. 4 SHOPPING CENTER `5C," TO BE USED FOR A FITNESS
AND HEALTH CENTER; ADOPTING A SITE PLAN; PROVIDING FOR SPECIAL
CONDITIONS, 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.
MOTION: Upon a motion made by Councilmember Caplinger and a second by Councilmember Brooks,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3083-5-12, as
previously captioned, to approve Specific Use Permit SUP No. 124 for a fitness and health
center for Medi Moves, 1260 square feet of space known as 717 S. Greenville Avenue, Suite
122, located at the northeast comer of Bethany Drive and Greenville Avenue. The motion
carried.
Other Business
12. Calendar
• May 12 — Allen ISD Board of Trustees Election, 7 a.m. - 7 p.m.
• May 14 thru 25 — Early Voting Period for the May 29 Primary Election
• May 22 —City Council Reception, Allen City Hall, 5:30 - 7 p.m.
13. Items of Interest
• Council recognized a Boy Scout from Troop 306 in attendance as a requirement for earning the
communications merit badge.
• Council wished Councilmember Caplinger and Teresa Warren a happy birthday
IThe Executive Session was not held.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 8, 2012
PAGES
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 7:54 p.m. on Tuesday, May 8, 2012. The motion carried.
These minutes approved on the 22ntl day of May, 2012.
APPROVED:
Steph�ll,MAY�
ATTEST:
Shelley B. Georg4XITY SECRET