Min - City Council - 2018 - 09/11 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 11,2018
Present:
Stephen Terrell,Mayor
Councilmembers:
Gary L. Caplinger,Mayor Pro Tern
Kurt Kizer
Carl Clemencich
Lauren Doherty
Robin L. Sedlacek
Baine Brooks
City Staff:
Peter H. Vargas,City Manager
Shelli Siemer,Assistant City Manager
Eric Ellwanger,Assistant City Manager
Shelley B. George,City Secretary
Teresa Warren,Director,Public and Media Relations Office
Peter G. 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 6:35 p.m. on Tuesday, September 11,2018, in the City Council Conference Room of
the Allen City Hall, 305 Century Parkway,Allen,Texas.
1. Introduction of George Chrisman,President of the Allen Community Development Corporation.
2. Briefing Regarding Proposed Amendments to the Allen Land Development Code.
3. Briefing Regarding Proposed Amendments to the Code of Ordinances Related to Environmental
Health.
4. Committee Updates from City Council Liaisons.
5. Questions on Current Agenda.
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:01 p.m. on
Tuesday, September 11, 2018.
Call to Order and Announce a Quorum is Present
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 11,2018 PAGE 2
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,September 11,2018,in the Council Chambers of the Allen City
Hall, 305 Century Parkway,Allen,Texas.
Pledge of Allegiance
Honor Guard to Post Colors and Hold a Moment of Silence in Observance of 9/11 Remembrance.
• The Allen Police Department Honor Guard posted the colors. Fire Chief Jon Boyd led the audience in
the Ringing of the Bell ceremony held in memory of those who lost their lives in the terrorist attacks
on September 11,2001.
Public Recognition
1. Citizens'Comments.
2. Presentation of the Allen Community Development Corporation (CDC) Annual Report by
George Chrisman,President.
3. Presentation on the Collin County Bond Proposition by former Mayor Brian Loughmiller.
Consent Agenda
MOTION: Upon a motion made by Councilmember Doherty and a second by Councilmember Brooks,the
Council voted seven(7)for and none(0)opposed to adopt all items on the.Consent Agenda as
follows:
4. Approve Minutes of the August 28,2018,Regular City Council Meeting.
5. Adopt an Ordinance Approving a Negotiated Settlement Between the Atmos Cities Steering
Committee and Atmos Energy Corporation, Mid-Tex Division Regarding the Company's 2018
Rate Review Mechanism (RRM)Filing.
ORDINANCE NO. 3600-9-18: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN,COLLIN COUNTY,TEXAS,APPROVING A NEGOTIATED SETTLEMENT BETWEEN
THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORPORATION,MID-
TEX DIVISION REGARDING THE COMPANY'S 2018 RATE REVIEW MECHANISM FILING;
DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT
REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT;
FINDING THE RATES TO BE SET BY THE SETTLEMENT TARIFFS TO BE JUST AND
REASONABLE AND IN THE PUBLIC INTEREST; REQUIRING THE COMPANY TO
REIMBURSE REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS
ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS
OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFI±CTNE
DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE
ACSC'S LEGAL COUNSEL.
6. Adopt a Resolution Appointing Members to Fill Expiring and Vacant Terms on the Board of
Directors for Tax Increment Financing(TIF)Reinvestment Zone No. 1 (Garden District).
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 11,2018 PAGE 3
RESOLUTION NO.3601-9-18(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE
ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 1; AND PROVIDING
FOR AN EFFECTIVE DATE.
7. Adopt a Resolution Reappointing Members to Fill Expiring Terms on the Board of Directors for
Tax Increment Financing(TIF)Reinvestment Zone No.2 (Central Business District).
RESOLUTION NO.3602-9-18(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE
ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 2; AND PROVIDING
FOR AN EFFECTIVE DATE.
8. Accept Required Certifications from the Tax Assessor/Collector's Office Including the
Certifications Rate for the 2018 Tax Year, the Certification of Excess Debt Collections for the
2017 Tax Year and the 2018 Appraisal Roll.
9. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement between
the Cities of Allen and Plano to Operate a Joint Radio Communications System.
RESOLUTION NO. 3603-9-18(R): A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF ALLEN,COLLIN COUNTY,TEXAS,APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITIES OF ALLEN
AND PLANO; AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENTS BY THE
CITY MANAGER;AND PROVIDING AN EFFECTIVE DATE.
10. Adopt a Resolution Amending Authorized City Representatives to Conduct Transactions and
Inquiries with TexPool.
RESOLUTION NO.3604-9-18(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING PRIOR DESIGNATIONS OF INVESTMENT
OFFICERS OF THE CITY AND AUTHORIZING INDIVIDUALS TO INVEST, TRANSFER,
WITHDRAW, DEPOSIT, GIVE INSTRUCTIONS ON BEHALF OF THE ORGANIZATION, OR
MANAGE FUNDS FOR THE CITY OF ALLEN; AND PROVIDING AN EFFECTIVE DATE.
11. Adopt a Resolution Amending Authorized City Representatives to Conduct Transactions and
Inquiries with TexSTAR.
RESOLUTION NO.3605-9-18(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING PRIOR DESIGNATIONS OF INVESTMENT
OFFICERS OF THE CITY AND AUTHORIZING INDIVIDUALS TO INVEST FUNDS JOINTLY
WITH OTHER TEXAS LOCAL GOVERNMENTS IN TEXSTAR; AND PROVIDING AN
EFFECTIVE DATE.
12. Authorize the City Manager to Execute a Bank Depository Agreement with JPMorgan Chase
Bank, N.A., as the City's Depository Institution and Adopt a Resolution Authorizing City
Representatives to Execute Related Bank Depository Documents.
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SEPTEMBER 11,2018 PAGE 4
RESOLUTION NO.3606-9-18(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING CITY REPRESENTATIVES FOR THE
DEPOSITORY BANK; AND PROVIDING AN EFFECTIVE DATE.
The motion carried.
Regular Agenda
13. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of a
Portion of District H of Planned Development No. 108 Mixed Use and Adopt a Concept Plan and
Building Elevations for a 2.393±Acre Tract of Land Generally Located at the Northeast Corner
of Exchange Parkway and Bossy Boots Drive. [Bossy Boots 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. 3607-9-18: 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 PLANNED DEVELOPMENT "PD" NO. 108 MIXED
USE "MIX" AND ADOPTING A CONCEPT PLAN AND BUILDING ELEVATIONS ON 2.393±
ACRES LOCATED IN THE JOHN FYKE SURVEY, ABSTRACT NO. 325; PROVIDING FOR A
CONFLICTS RESOLUTION CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR 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 Mayor Pro Tem Caplinger,
the Council voted seven (7)for and none(0)to adopt Ordinance No. 3607-9-18, as previously
captioned, amending the Development Regulations of a portion of District H of Planned
Development No. 108 Mixed Use and adopting a Concept Plan and Building Elevations.The
motion carried.
14. Adopt an Ordinance Approving the Fiscal Year 2018-2019 Budget, Amending the Fiscal Year
2017-2018 Budget, and Approving the 2019-2023 Capital Improvement Program.
ORDINANCE NO. 3608-9-18: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2018, AND ENDING SEPTEMBER 30, 2019;
PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN
ACCORDANCE WITH SAID BUDGET; APPROPRIATING AND SETTING ASIDE THE
NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES FOR SAID FISCAL
YEAR FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS AND
FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; APPROPRIATING THE
VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF
THE ORDINANCE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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SEPTEMBER 11,2018 PAGE 5
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Brooks,
the Council voted seven (7)for and none(0)to adopt Ordinance No. 3608-9-18, as previously
captioned, approving the Fiscal Year 2018-2019 budget, amending the Fiscal Year 2017-2018
budget,and approving the 2019-2023 Capital Improvement Program.The motion carried.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Brooks,
the Council voted seven (7) for and none (0) to ratify the increase in property tax revenues
reflected in the Fiscal Year 2018-2019 budget. The motion carried.
15. Adopt an Ordinance Setting the Tax Rate for the Fiscal Year 2018-2019 Budget.
ORDINANCE NO. 3609-9-18: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE TAX
YEAR 2018 (FISCAL YEAR 2018-2019) AT A RATE OF $0.498000 PER ONE HUNDRED
DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY OF ALLEN AS OF JANUARY 1, 2018, TO PROVIDE
REVENUE FOR THE PAYMENT OF CURRENT EXPENSES; PROVIDING FOR AN INTEREST
AND SINKING FUND FOR ALL OUTSTANDING DEBT OF THE CITY OF ALLEN;PROVIDING
FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFbCTIVE DATE.
MOTION: Upon a motion made by Councilmember Clemencich and a second by Mayor Pro Tem
Caplinger, the Council voted seven (7)for and none(0) that the property tax rate be increased
by the adoption of a tax rate of 0.498000,which is effectively a 3.91 percent increase in the tax
rate, and to adopt Ordinance No. 3609-9-18, as previously captioned, setting the tax rate for
the Fiscal Year 2018-2019. The motion carried.
16. Adopt a Resolution Implementing the Water and Sewer Rate Increases Recommended for Fiscal
Year 2018-2019.
RESOLUTION NO.3610-9-18(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING SANITARY SEWER CHARGES AND
WATER SERVICE CHARGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Caplinger and a second by Councilmember Brooks,
the Council voted seven (7) for and none (0) to adopt Resolution No. 3610-9-18(R), as
previously captioned, setting new rates for residential and commercial water and sewer
services.The motion carried.
Mayor Terrell moved to Agenda item 19.
Other Business
19. Calendar.
20. Items of Interest.
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SEPTEMBER 11,2018 PAGE 6
• Councilmember Doherty wished everyone celebrating a happy and sweet New Year in honor of
Rosh Hashanah and Yom Kipper.
• Councilmember Sedlacek announced The Parks Foundation fundraiser, "Party on the Path," on
Saturday, September 22, 2018.
• Councilmember Sedlacek announced the Happy Fall Fest at the Allen Senior Recreation Center
beginning at 9:00 a.m.
• Council recognized Boy Scouts from Troops 1299,221,306 and 334 in attendance as a requirement
for earning a Merit Badge.
• Mayor Terrell commended Chief Boyd, the Allen Police and Fire Departments on organizing the
9/11 remembrance ceremony at tonight's meeting.
• Mayor Terrell also commended former Mayor Loughmiller on his presentation of the upcoming
Collin County Bond Election and encouraged residents to learn more about the proposed bond
propositions as this is very important program for the future of Collin County.
• Council wished happy birthday to Councilmember Kizer and Mayor Terrell.
Mayor Terrell announced the Executive Session then recessed the Regular Agenda at 8:18 p.m.
Executive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
8:25 p.m. on Tuesday, September 11, 2018, in the Council Conference Room, 305 Century Parkway, Allen,
Texas, in order to discuss matters pertaining to:
21. Personnel Pursuant to Section 551.074 of the Texas Government Code—
Discuss Appointments to the Board of Adjustment, Building and Standards Commission,
Community Development Corporation,Economic Development Corporation,and Planning and
Zoning Commission.
The Executive Session adjourned at 8:45 p.m. on Tuesday, September 11,2018
22. Reconvene and Consider Action on Items Resulting from Executive Session.
The Allen City Council reconvened into the Regular Meeting at 8:50 p.m. on Tuesday,
September 11,2018. The following action was taken on items discussed during Executive Session.
17. Appoint to Fill Expiring Terms and Vacancies on the Following Boards, Commissions,
Committees and Corporations: Animal Shelter Advisory Committee, Board of
Adjustment/Building and Standards Commission/Sign Control Board, Central Business District
Design Review Committee, Community Development Corporation Board, Convention and
Visitors Bureau Advisory Board, Economic Development Corporation Board, Keep Allen
Beautiful Board, Library Board, Parks and Recreation Board, Planning and Zoning
Commission,Public Art Committee,and Health Officer.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Brooks,
the Council voted seven(7)for and none(0)opposed to nominate the following individuals as
recommended by the Council Nominating Committee to the designated places on the respective
Boards, Commissions,Committees and Corporations,and Health Officer:
ALLEN CITY COUNCIL
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SEPTEMBER 11,2018 PAGE 7
Animal Shelter Advisory Committee Expiration Date
Place No. 2(staff) Kathryn May September 30,2020
Place No.4 Pamela Ackerman September 30, 2020
Board of Adjustment/Building&Standards Commission/
Sign Board Expiration Date
Place No. 1 Bruce Howard September 30,2019
Place No. 2 Ken Barry September 30,2020
Place No.4 Deborah Angell Smith September 30,2020
Alt. Place No. 2 Emad Siddiqi September 30,2020
Central Business District Design Review Committee Expiration Date
Place No. 2 Dwight Burns September 30, 2020
Community Development Corporation Expiration Date
Place No. 2 George Chrisman September 30,2020
Place No.4 Ron Alexander September 30,2020
Place No. 6 Tommy Baril September 30, 2020
Convention and Visitors Bureau Advisory Board Expiration Date
Place No. 2 TBD September 30,2020
Place No.4 Karen Simpson September 30,2020
Economic Development Corporation Expiration Date
Place No. 1 Michael Schaeffer September 30,2021
Keep Allen Beautiful Expiration Date
Place No. 2 Steve Chisholm September 30,2020
Place No.4 Sommer Bernard September 30,2020
Place No. 6 Tabassum Ahmad September 30,2020
Library Board Expiration Date
Place No. 2 Maroba Zoeller September 30,2020
Place No.4 Scott Phillips September 30,2020
Place No. 6 Jack Brick September 30,2020
Parks and Recreation Board Expiration Date
Place No. 2 Geoben Johnson III September 30,2020
Place No.4 LaReeda Rentie September 30,2020
Place No. 6 John Holley September 30,2020
Planning and Zoning Commission Expiration Date
Place No. 2 Elias Shaikh September 30,2020
Place No. 4 Gene Autrey September 30,2020
Place No. 6 Michael Orr September 30,2020
Public Art Committee Expiration Date
Place No. 2 Sandy Wittsche September 30,2020
Place No.4 Jane Bennett September 30,2020
Place No. 6 Steve Benson September 30,2020
ALLEN CITY COUNCIL
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SEPTEMBER 11,2018 PAGE 8
City Health Officer Expiration Date
City Health Officer Dr.John Connolly September 30,2020
The motion carried.
18. Confirm Appointments of Councilmembers as Liaisons to City Boards and Commissions as
Nominated by Mayor Terrell.
No action was taken on this item.
Adjournment
MOTION: Upon a motion made by Councilmember Brooks and a second by Councilmember Clemencich,
the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the
Allen City Council at 8:55 p.m. on Tuesday, September 11,2018. The motion carried.
These minutes approved on the 25'day of September 2018.
APPR VED:
Stephen Terrell,MAYOR
ATTEST:
She ey B. Geor ,TRMC, CITY SECRETARY