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Min - City Council - 2023 - 06/27 - Regular ALLEN CITY COUNCIL REGULAR MEETING JUNE 27,2023 Present: Baine L. Brooks,Mayor Allen City Council: Chris Schulmeister,Mayor Pro Tern Daren Meis Tommy Baril Dave Cornette Dave Shafer Ben Trahan City Staff: Eric Ellwanger, City Manager Eric Strong,Deputy City Manager Tim Dentler,Assistant City Manager Rebecca Vice,Assistant City Manager Shelley B. George, City Secretary Rocio Gonzalez,Deputy City Secretary Teresa Warren,Director,Public and Media Relations Pete Smith, City Attorney 1. Call to Order and Announce a Quorum is Present With a quorum of the Allen City Council present, the Regular Meeting of the Allen City Council was called to order by Mayor Brooks at 7:00 p.m.on Tuesday,June 27,2023,in the City Council Chambers • of Allen City Hall, 305 Century Parkway,Allen,Texas. 2. Pledge of Allegiance Mayor Brooks asked everyone to join him and the Allen City Council in a moment of silence. 3. Public Recognition 3.1 Receipt of the Preservation Achievement Award for the Allen Barn Relocation Project. 4. Citizens' Comments Richard Hayes,2018 Earnhardt Way,Dallas,Texas,spoke regarding a life-saving device he developed. 5. Reports 5.1 Presentation of the Parks and Recreation Board's Annual Report by Chair Geoben Johnson. ALLEN CITY COUNCIL REGULAR MEETING JUNE:27,2023 PAGE 2 111 5.2 Presentation of the.Public Art Committee's Annual Report by Chair Jane Bennett. 6. Consent Agenda Mayor Brooks removed Item 6.2 from the Consent Agenda. MOTION: Upon a motion made by Councilmember Meis and a second by Councilmember Corneae,the Council voted seven (7) for and none (0) opposed to approve the remaining items on the Consent Agenda as follows: 6.1 Approve minutes of the June 13,2023,Regular City Council Meeting. 6.3 Adopt a Resolution Authorizing the City Manager to apply for, accept, reject, alter, or terminate a grant through the Collin County Parks and Open Space Funding Assistance Program for the construction of the Wafters Trail segment south of the Watters Creek development to the future Rowlett Trail connection. RESOLUTION NO. 4002-6-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT,"DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR,AND ON BEHALF OF THE"APPLICANT"IN DEALING WITH COLLIN COUNTY, HEREINAFTER REFERRED TO AS "GRANTOR", FOR THE PURPOSE OF PARTICIPATING IN THE COLLIN COUNTY PARKS AND OPEN SPACE PROJECT FUNDING ASSISTANCE PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND OPEN SPACE USES; AND PROVIDING FOR AN EFFECTIVE DATE. 6.4 Adopt a Resolution amending Resolution No. 4000-5-23(R), adopted May 23, 2023, authorizing the nomination of Strike Photonics Inc as a Double Jumbo Enterprise Project Pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code, to acknowledge that the Double Jumbo Nomination counts as two designations against the City's total number of six(6)designations allowed per biennium. RESOLUTION NO. 4003-6-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,AMENDING RESOLUTION NO. 4000-5-23 ADOPTED MAY 23, 2023, AUTHORIZING THE NOMINATION OF STRIKE PHOTONICS .INC AS A DOUBLE JUMBO ENTERPRISE PROJECT PURSUANT TO CHAPTER 2303, SUBCHAPTER F OF THE TEXAS ENTERPRISE ZONE ACT, TEXAS GOVERNMENT CODE ("ACT") TO ACKNOWLEDGE THAT THE DOUBLE JUMBO NOMINATION COUNTS AS TWO AGAINST THE CITY'S TOTAL NUMBER OF SIX (6) DESIGNATIONS ALLOWED PER BIENNIUM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR AN EFFECTIVE DATE. ALLEN CITY COUNCIL REGULAR MEETING JUNE 27,2023 PAGE 3 6.5 Authorize the City Manager to adjust the project budget and make a payment to the Texas Department of Transportation in the amount of$960,861.24 pursuant to the terms of the approved Advance Funding Agreement and Highway Safety Improvement Program Grant. The motion carried. Mayor Brooks moved to Agenda Item 6.2. 6.2 Consider all matters incident and related to the issuance and sale of the City of Allen, Texas, General Obligation Bonds, Series 2023, including the adoption of an Ordinance authorizing the issuance of such Bonds,establishing parameters for the sale and issuance of such Bonds and delegating certain matters to authorized officials of the City. ORDINANCE NO. 4001-6-23: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF ALLEN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2023"; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FO THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE,PAYMENT,AND DELIVERY OF SAID BONDS, INCLUDING ESTABLISHING PARAMETERS THEREFOR AND DELEGATING MATTERS RELATING TO THE SALE AND ISSUANCE OF THE BONDS TO AUTHORIZED CITY OFFICIALS. MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Cornette,the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 4001-6-23, as previously captioned, authorizing the issuance of such Bonds, establishing parameters for the sale and issuance of such Bonds and delegating certain matters to authorized officials of the City. The motion carried. 7. Regular Agenda 7.1 Conduct a Public Hearing and adopt an Ordinance to amend the development regulations of Planned Development No.3 with a base zoning of Light Industrial and adopt a Concept Plan for a Property generally located northwest of Prestige Circle and Bethany Drive. [Armor Brewing]. Mayor Brooks 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 Brooks closed the Public Hearing. ORDINANCE NO.4004-6-23: 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 AMENDING REGULATIONS OF AREA 1 OF PLANNED DEVELOPMENT "PD"NO. 3 WITH A BASE ZONING OF LIGHT INDUSTRIAL"LP"RELATING TO LOTS 1R-1 AND 2, ALLEN BUSINESS CENTRE, TO AUTHORIZE DEVELOPMENT AND USE OF THE PROPERTY AS AN AMUSEMENT, COMMERCIAL (OUTDOOR) AS AN ACCESSORY USE TO A RESTAURANT USE, AND ADOPTING AN AMENDED CONCEPT PLAN AND LANDSCAPE REGULATIONS; PROVIDING FOR A CONFLICTS RESOLUTION ALLEN CITY COUNCIL REGULAR MEETING JUNE 27,2023 PAGE 4 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 Meis and a second by Mayor Pro Tem Schulmeister, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 4004-6-23, as previously captioned,to amend Planned Development No. 3. The motion carried. 8. Other Business 8.1 Calendar. • July 4, 2023 -City Facilities will be closed in observance of Independence Day. 8.2 Items of Interest. • Council wished a happy birthday to City Manager Ellwanger and Economic Development Director Bowman. Mayor Brooks recessed the Regular Agenda at 7:48 p.m. and announced the Executive Session. 9. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 8:00 p.m. on Tuesday, June 27, 2023, in the Council Conference Room of the Allen City Hall, 305 Century Parkway,Allen,Texas, in order to discuss matters pertaining to: .9.1 Pursuant to Texas Government Code, Section 551.072,Deliberation Regarding Real Property: Consider approval for the purchase of parkland. The Executive Session adjourned at 8:34 p.m. on Tuesday, June 27,2023. 9.2 Reconvene and consider action on items resulting from Executive Session. The Allen City Council reconvened into the Regular Meeting at 8:35 p.m.on Tuesday,June 27, 2023, in the City Council Chambers of Allen City Hall,305 Century Parkway,Allen,Texas. No action-was taken on items discussed during the Executive Session. 10. Adjournment Mayor Brooks adjourned the Regular Meeting of the Allen City Council at 8:35 p.m. on Tuesday, June 27,2023. ALLEN CITY COUNCIL REGULAR MEETING JUNE 27,2023 PAGE 5 These minutes were approved on the 1 1th day of July 2023. APPROVED: Bai . , AYOR ATTEST: Shelley B.George, RMC, ITY S CRETARY