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Home My WebLink AboutMin - City Council - 1999 - 11/04 - RegularA 11 ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 4, 1999 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Bartlemay (absent) Kenneth Falk Melissa Owen City Staff: Peter H. Vargas, City Manager Judy Morrison, City Secretary Peter G. Smith, City Attorney (absent) DINNER AND PRE -MEETING WORKSHOP Call to Order and Announce a Ouorum is Present (Agenda Item I) With a quonmi of the Councilmembers present, dinner and the pre -meeting workshop session of the Allen City Council was called to order by Mayor Terrell at 6.25 p.m. on Thursday, November 4, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas Mayor Pro Tem Kerr arrived during the regular meeting due to a prior commitment. Discuss Current Aaenda (Agenda Item II) There was no discussion regarding the current agenda. Items of Interest (Agenda Item III) A Briefing Regarding Self -Funded Health Insurance Program Randy Martel, Consultant, reviewed the pros and cons of insurance self -funding in comparison with a fully insured plan. Although Council has agreed with the concept, a future agenda item will authorize official action. B. Briefing on Thoroughfare Plan Regarding Waiters Road Planning Director Marina Sukup presented information regarding Watters Road and its possible alignment. Council agreed with the staff presentation to keep the present Waiters Road alignment with minor collector changes. I ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 4, 1999 C. Executive Session PAGE 2 In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072, Personnel, Section 551.074, the Allen City Council convened Into Executive Session at 7:20 p.m. on Thursday, November 4, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to discuss matters pertaining to • Betz Investment Company, Inc., ProRata Agreement The Executive Session adjourned at 7:30 p in. on Thursday, November 4, 1999 (Agenda Item IV) There was no discussion regarding the policy agenda. The workshop session recessed at 7 30 p.m REGULAR MEETING With a quorum of the Councilmembers present, the regular session of the Allen City Council was convened by Mayor Terrell at 7:36 p.m. on Thursday, November 4, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Public Reci coition (Agenda Item V) • Citizens' Comments Robert Ray, 5223 Beckington, Dallas, Texas, spoke on behalf of the Elkin's family regarding the Impact Fee Ordinance. He expressed opposition to the impact fee ordinance and requested Council consider a more equitable distribution of the costs. Consent Agenda (Agenda Item VI) MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Owen, the Council voted five (5) for and none (0) opposed to approve and adopt all items on the consent agenda as follows. A. Approve Minutes of the October 21, 1999, Regular Meeting B. Approve Minutes of the October 25, 1999, Triad Meeting of the Allen City Council, Allen Independent School District Board of Trustees and Allen Chamber of Commerce Executive Board. ALLEN CITY COUNCIL REGULAR MEETING s NOVEMBER 4, 1999 PAGE 3 C. Motion to Cancel November 18, 1999, City Council Meeting. Council cancelled the November 18, 1999, Regular Council meeting due to the Annual Texas Municipal League Conference to be held to Dallas on November 17 through November 20, 1999 Receive Tax Assessor -Collector's Report The motion carried. Statutory Aeenda (Agenda Item VII) MOTION: Upon a motion made by Councilmember Thomas and a second by Councdmember Gallagher, the Council voted five (5) for and none (0) opposed to approve and adopt all items on the Statutory Agenda as recommended and as follows: A. Adopt an Ordinance Amending Ordinance No. 628-9-85 Regarding the ProRata Agreement ��... between the City of Allen and the Betz Investment Company, Inc. Ordinance No. 1780-11-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Ordinance No. 628-9-85 Regarding the ProRata Agreement Between the City of Allen and the Belz Investment Company, Inc.; Providing for a Severability Clause; Providing for a Repealing Clause; and Providing for an Effective Date. B. Adopt an Ordinance Amending Chapter 9, Article V, Division 2, Section 9-137(10) of the Code of Ordinances Revising the School Zone Boundary for the W E "Pete" Ford Middle School and the Alton Boyd Elementary School. Ordinance No. 1781-11.99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending the Code of Ordinances, by Amending Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-137(10), Designating Certain Portions of Park Place, Hill Haven Drive, Jupiter Road, Wandering Way Drive, Whitman Drive, and Bethany Drive as School Zones with a Maximum Prima Facie Speed Limit of Twenty (20) Miles per Hour; Providing a Repeating Clause; Providing a Savings Clause; Providing a Severability Clause: Providing for a Penalty of Fine not to Exceed the Sum of Two Hundred Dollars ($200) for Each Offense; and Providing for an Effective Date. C. Receive CIP (Capital Improvements Program) Status Report. The motion carried ALLEN CITY COUNCIL REGULAR MEETING 9 NOVEMBER 4, 1999 PAGE 4 TABLED ITEM: Adopt an Ordinance Determining Matters (Agenda Item VIII) Incident and Related to Rates and Charges Assessed within the City by TXU-Lone Star Gas Com ary MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the Council voted five (5) for and none (0) opposed to remove this item from the table. The motion carried. Assistant City Manager Michael Stanger reviewed details of the settlement between the coalition and TXU The settlement allows TXU to increase revenues across this system by $2,197,233 representing approximately 32% of their request. The amount is based upon 25% of TXU's proposed residential increase, with the rest coming from increased commercial rates. While the mmitnum bill for residential, commercial and I/T customers would increase slightly per month, the volumetric charges would go down, reducing revenues by $273,495 for residential customers and $46,177 for commercial and I/T customers. The budgetary impact of this rate reduction to Allen customers would be a loss in franchise fees to the City TXU- Gas pays the City 4% of gross revenues for the right to use City right-of-ways. A reduction of $288,434 citywide per year would decrease franchise fees approximately $11,537 annually Ordinance No. 1782-11-99: An Ordinance of the City of Allen, Collin County, Texas, Finding, after Reasonable Notice and Public Meeting, that Lone Star Gas Company's Rates and Charges Within the City Should be Changed; Determining Just and Reasonable Rates; Adopting Weather Normalization Adjustment; Rejecting Plant Investment and Cost of Service Automatic Adjustment Clauses; Approving an Adjustment Factor for Franchise Fees; Providing for Recovery of Rate Case Expenses; Adopting a Most Favored Nations Clause; Preserving Regulatory Rights of the City; Ordering that this Ordinance be Served on Lone Star Gas Company; Providing for Repeal Clause; and Providing an Effective Date. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No. 1782-11-99 as previously captioned determining matters incident and related to rates and charges assessed within the City by TXU-Gas The motion carried. TABLED ITEM: Adopt an Ordinance Amending Impact Fee Land (Agenda Item IX) Use Assumptions, Amending the Impact Fee Capital Improvements Plan and Adopting Impact Fees Mayor Pro Tem Kerr took his place at the Council bench. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to remove this item from the table The motion carried. ALLEN CITY COUNCIL REGULAR MEETING i NOVEMBER 4, 1999 PAGE 5 City Engineer George Conner reviewed the consultant's changes and corrections to the Impact Fee tables. Staff recommends the zones remain as presented and provide for a January 1, 2000, effective date and use the application date of a preliminary plat. Ordinance No. 1783-11-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Ordinance No. 1068-12-91 and Ordinance No. 1031-11-94, Updating and Adopting a Capital Improvement Plan and Land Use Assumptions for Water, Wastewater and Roadway Facilities and Impact Fees for Water, Wastewater and Roadway Facilities; Providing for a Severability Clause; Providing for a Repealing Clause; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No 1783- 11-99 as previously captioned amending Impact Fee Land Use Assumptions, Impact Fee Capital Improvements Plan and adopting Impact Fees pursuant to Chapter 395 of The Texas Local Government Code. The motion carried. Conduct a Public Hearing and Consider a Request to Establish (Agenda Item X) Reinvestment Zone #21 for ACLP Bethany, L.P., Adopt an Ordinance implementing Reinvestment Zone #21 and Approve a Tax Abatement Acreement Economic Development Marketing Director Charisse Reaume reviewed the recommendation of the Allen Economic Development Corporation Board of Directors in support of the incentives for the construction of a new office/tech facility to Allen by ACLP Bethany, L P This 84,000 square foot brick building will add $4 5 million to the tax rolls. The agreement will include real and personal property tax abatements totaling 400% over a ten-year period on City taxes. There will be no abatement provided on school taxes. According to projections. ACLP Bethany, L.P., will contribute $1,006,780 in local taxes and the City will forgo $103,320 in abatements over the next ten years. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this tune. With no one speaking either for or against the request, Mayor Terrell closed the public hearing Ordinance No. 1784-11-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Designating Reinvestment Zone No. 21 (ACLP Bethany, L.P.) Providing Eligibility of the Zone for Commercial -Industrial Tax Abatement; Containing Findings that the Area Qualities to be Designated as a Reinvestment Zone and the Improvements Sought are Feasible and Practicable and of Benefit to the Land and the City; Providing for a Severability Clause; Providing I ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 4, 1999 PAGE 6 for a Repealing Clause; and Providing for the Effective Date of Said Ordinance. MOTION: Upon a motion made by Councdmember Fulk and a second by Mayor Pro Tem Kerr, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No 1784-11- 99 as previously captioned forming Reinvestment Zone No. 21 and to authorize the Mayor to execute documents necessary to provide the proposed tax abatement schedule of 40% for ten years in support of the construction of an 84,000 square foot office/tech facility in Allen by ACLP Bethany, L.P The motion carried. Other Business (Agenda Item XI) A. Governance Self -Evaluation The Governance Self -Evaluation was not conducted. B. Calendar • November 7 - Sunday Sounds/Council Chambers/2:00 p.m • November 17-20 - TML Annual Conference/Dallas • November 18 - City Council Meeting Canceled Items of Interest There were no items of interest. Executive Session (Agenda Item XII) The Executive Session was held during the workshop session. Reconvene and Consider Action on Items Discussed During (Agenda Item XIII) Executive Session No action was taken. Adjourn (Agenda Item XIV) MOTION: Upon a motion made by Councilmember Thomas and a second by Councdmember Gallagher, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:45 p m, on Thursday, November 4, 1999 The motion carried ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 4, 1999 PAGE 7 These minutes approved on the 2nd day of December, 1999 ATTEST: J �M Mor on, CMC/AAE, CITY SECRETARY 1 E APPROVED: 146;p r —V Stephen Terrell, MAYOR