Min - City Council - 1999 - 11/04 - RegularA
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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.
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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
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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
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APPROVED:
146;p r —V
Stephen Terrell, MAYOR