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Min - City Council - 2017 - 07/25 - Regular1 Present; Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem Kurt Kizer Carl Clemencich Joey Herald (absent) Robin L. Sedlacek Baine Brooks City Stift: ALLEN CITY COUNCIL REGULAR MEETING JULY 25, 2017 Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Eric Ellwanger, Assistant City Manager ' Shelley B. George, City Secretary Teresa Watren, Director, Public and Media Relations Office Rebecca Vice, Assistant to the City Manager (absent) Pete Smith, City 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 6:34 p.m. on Tuesday, July 25, 2017, in the City Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. 1. Introduction of Jeff Cocking, Planning and Zoning Commission Chairperson 2. Update Regarding the City's Texas Pollutant Discharge Elimination System (TPDES) Program 3. Committee Updates from City Council Liaisons 4. Questions on Current Agenda With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:00 p.m. on Tuesday, July 25, 2017. ' 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 7:04 p.m. on Tuesday, July 25, 2017, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. ALLEN CITY COUNCIL REGULAR MEETING JULY 25, 2017 PAGE 2 Plcd_c of Allegiance Public Recognition 1. Citizen's Comments. Neil Fonville, 411 Woodbridge, Allen, Texas, spoke regarding the removal of the protected left tum signal on Bel Air Drive at Alma Drive. 2. Recognition of the City of Allen Finance Department as Recipient of the Distinguished Budget Presentation Award by the Government Finance Officers Association (GFOA) for the Eighteenth Consecutive Year. 3. Presentation of the Planning and Zoning Commission's Annual Report by Jeff Cocking, Chairperson. Consent Agenda MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember Sedlacek, the Council voted six (6) for and none (0) opposed to adopt all items on the Consent Agenda as follows: 4. Approve Minutes of the July 11, 2017, Regular City Council Meeting. 5. Adopt an Ordinance Changing the Street Name of "Guardian Way" to "Guardians Way." ORDINANCE NO. 3497-7-17: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING AND CORRECTING A SCRIVENER'S ERROR IN ORDINANCE NO. 3488-06-17, PASSED AND APPROVED BY THE CITY COUNCIL ON THE JUNE 27, 2017, CORRECTING THE NAME TO "GUARDIANS WAY" AS SHOWN ON EXHIBIT "A"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 6. Adopt a Resolution Denying Oncor Electric Delivery Company's Application to Increase Rates. RESOLUTION NO. 3498-7-17fR): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC'S ("ONCOR" OR "COMPANY") APPLICATION TO CHANGE RATES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; 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 LEGAL COUNSEL. 7. Transmit the Proposed 2017-2018 City Budget and the Proposed 2018-2022 Capital Improvement Program. 8. Receive the Summary of Property Tax Collections as of June 2017. 9. Receive the Investment Report for the Period Ending June 30, 2017. ALLEN CITY COUNCIL REGULAR MEETING JULY 25, 2017 PAGE 3 ' 10. Receive the Financial Report for Period Ending June 30, 2017. The motion carried. Regular Aeenda 11. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of District D of Planned Development No. 108 and Adopt a Concept Plan, Screening Plan, Roadway Plan, and Building Elevations Relating to a 33.66E Acre Tract of Land Generally Located Southwest of Exchange Parkway and Watters Road. ]Vi0age at Twin Creeks Phase 4 - Single - Family Development] 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. 3499-7-17: 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 AMENDING THE DEVELOPMENT REGULATIONS OF DISTRICT D OF PLANNED DEVELOPMENT "PD" NO. 108, AND ADOPTING A CONCEPT PLAN, SCREENING PLAN, ROADWAY PLAN, AND ' BUILDING ELEVATIONS RELATING TO THE USE AND DEVELOPMENT OF A 33.66± ACRE TRACT OF LAND SITUATED IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 71 l; 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 Caplinger and a second by Councilmember Sedlacek, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3499-7-17, as previously captioned, to amend the development regulations of District D of Planned Development No. 108 and adopt a Concept Plan, Screening Plan, Roadway Plan, and Building Elevations relating to a 33.66± acre tract of land generally located southwest of Exchange Parkway and Watters Road for the Village at Twin Creeks Phase 4 - Single -Family Development. The motion carred. 12. Conduct a Public Hearing and Adopt an Ordinance to Amend the Base Zoning of a Portion of Planned Development 54 from Industrial Technology to Community Facilities, and Adopt Development Regulations, a Concept Plan, and Building Elevations for a Tract of Land Generally Located South of Exchange Parkway and West of Junction Drive. ]Ground Storage Tanks - Public Service Facility] 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. 3500-7-17: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ALLEN CITY COUNCIL REGULAR MEETING JULY 25, 2017 1'7:[44xI ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE BASE ZONING OF A PORTION OF PLANNED DEVELOPMENT `PD" 54 FROM INDUSTRIAL TECHNOLOGY "IT" TO COMMUNITY FACILITIES "CF" AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, AND BUILDING ELEVATIONS RELATING TO THE USE AND DEVELOPMENT OF 7.502± ACRES SITUATED IN THE WILLIAM J. JACKSON SURVEY, ABSTRACT NO. 484 AND THE JOHN FIKE SURVEY, ABSTRACT NO. 325; 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 Councils tuber Sedlacek and a second by Councilmember Brooks, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3500-7-17, as previously captioned, to amend the base zoning of a portion of Planned Development 54 from Industrial Technology to Community Facilities, and adopt Development Regulations, a Concept Plan, and Building Elevations for a tract of land generally located south of Exchange Parkway and west of Junction Drive, for North Texas Municipal Water District Ground Storage Tanks. The motion carried. 13. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code, Updating the City's Land Use Assumptions, Capital Improvements Plan, and Impact Fees. ' 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. 3501-7-17: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ARTICLE XI. IMPACT FEES OF THE ALLEN LAND DEVELOPMENT CODE AS AMENDED BY ORDINANCE 2005-11 -01 AND ORDINANCE NO. 2070-6-02, RELATING TO CAPITAL IMPROVEMENTS PLAN, LAND USE ASSUMPTIONS 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 Sedlacek and a second by Councilmember Brooks, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3501-7-17, as previously captioned, to amend the Allen Land Development Code, updating the City's Land Use Assumptions, Capital Improvements Plan, and Impact Fees. The motion carried. Councilmember Kizer commented any impact fees collected will offset some costs that would ultimately have been passed onto our tax payers and will be considered as part of the planning during the budget process. 14. Conduct a Public Hearing and Adopt a Resolution Approving the 2017-2018 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. ALLEN CITY COUNCIL REGULAR MEETING JULY 25, 2017 PAGE 5 1 With no one speaking, Mayor Terrell closed the public hearing. RESOLUTION NO. 3502-7-17(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2017-2018 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 Sedlacek and a second by Councilmember Clemencich, the Council voted six (6) for and none (0) opposed to adopt Resolution No. 3502- 7-17(R), as previously captioned, to approve the 2017-2018 Annual Action Plan for the CDBG Program. The motion carred. 15. Set August 8, 2017, as the First Public Hearing Date and August 22, 2017, as the Second Public Hearing Date Regarding the Fiscal Year 2017-2018 City Budget. MOTION: Upon a motion made by Councilmember Kizer and a second by Councilmember Brooks, the Council voted six (6) for with Mayor Terrell, Mayor Pro Tem Caplinger, Councilmembers Kizer, Clemencich, Sedlacek and Brooks casting votes in favor, and none (0) opposed to set Tuesday, August 8, 2017, at 7:00 P.M. and Tuesday, August 22, 2017, at 7:00 P.M. at Allen City Hall, One Allen Civic Plaza, 305 Century Parkway, Allen, Texas as the dates, time, and place for the first and second Public Hearings on the City's Proposed Fiscal Year 2017-2018 ' Budget in accordance with Article IV, Section 4.04 of the City Charter. The motion carried. 16. Set August 8, 2017, as the First Public Hearing Date and August 22, 2017, as the Second Public Hearing Date Regarding the Fiscal Year 2017-2018 City Tax Rate. MOTION: Upon a motion made by Councilmember Kizer and a second by Councilmember Brooks, the Council voted six (6) for with Mayor Terrell, Mayor Pro Tem Caplinger, Councilmembers Kizer, Clemencich, Sedlacek and Brooks casting votes in favor, and none (0) opposed to set Tuesday, August 8, 2017, at 7:00 P.M., and Tuesday August 22, 2017, at 7:00 P.M. at Allen City Hall, One Allen Civic Plaza, 305 Century Parkway, Allen, Texas as the dates, time, and place for the first and second Public Hearings on the proposed City Tax Rate of 51.5 cents per $100 of appraised value for the Fiscal Year 2017-2018. The motion carried. Other Business 17. Calendar. • August 8 - First Public Hearing Date Regarding the Fiscal Year 2017-18 City Tax Rate and FY 2017-18 City Budget 18. Items of Interest. Executive Session ' 19. Reconvene and Consider Action on Items Discussed During Executive Session. The Executive Session was not held. ALLEN CITY COUNCIL REGULAR MEETING JULY 25, 2017 PAGE 6 ' Adjournment MOTION: Upon a motion made by Councilmember Brooks and a second by Councilmember Kizer, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8:51 p.m. on Tuesday, July 25, 2017. The motion carried. These minutes approved on the 8' day of August 2017. ATTEST: Shelley'B. Georg , CITY CRETARY 1 APPROVED: Stephen Terrell, MAYOR