Min - City Council - 2023 - 08/08 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 8,2023
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
Teresa Warren,Director,Public and Media Relations
Rocio Gonzalez, Deputy City Secretary
Pete Smith, City Attorney
Workshop Session
1. Call to Order and Announce a Quorum is Present
With a quorum of the Allen City Council present,the Workshop of the Allen City Council was called
to order by Mayor Brooks at 6:00 p.m. on Tuesday, August 8, 2023, in the Basement Meeting Rooms
of Allen City Hall, 305 Century Parkway,Allen, Texas.
2. Discussion Items
2.1 Allen Community Development Corporation Budget Overview.
2.2 Allen Economic Development Corporation Budge Overview and Project Update.
2.3 Committee Updates from City Council Liaisons. 1
2.4 Questions on the current agenda.
3. Adjourn to Regular Meeting
With no further discussion, Mayor Brooks adjourned the Workshop of the Allen City Council at
7:00 p.m. on Tuesday, August 8, 2023, in the Basement Meeting Rooms of Allen City Hall, 305
Century Parkway,Allen,Texas.
ALLEN CITY COUNCIL
REGULAR MEETING •
AUGUST 8,2023 PAGE 2
Regular Meeting
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 7:05 p.m. on Tuesday, August 8, 2023, in the City Council
Chambers of Allen City Hall, 305 Century Parkway,Allen, Texas.
2. Pledge of Allegiance
After the Pledge of Allegiance, Mayor Brooks asked everyone to join the Allen City Council in a
moment of silence.
3. Public Recognition
4. Citizens' Comments
Bob Cubbage, 804 Fawn Valley Drive,Allen,Texas, addressed the Allen City Council.
5. Reports
5.1 Annual Report of the Convention and Visitors Bureau by Chair Karen Musa.
6. Consent Agenda
•
MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Baril, the
Council voted seven(7)for and none(0)opposed to approve the Consent Agenda as follows:
6.1 Approve minutes of the July 25,2023,Regular City Council Meeting.
6.2 Adopt a Resolution denying the rate change application proposed by Oncor Electric
Delivery Company,LLC.
• RESOLUTION 4012-8-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, FINDING THAT ONCOR ELECTRIC
DELIVERY COMPANY, LLC ("ONCOR" OR "COMPANY"), APPLICATION TO
AMEND ITS DISTRIBUTION COST RECOVERY FACTOR AND UPDATE
GENERATION RIDERS TO INCREASE DISTRIBUTION RATES WITHIN THE CITY
SHOULD BE DENIED; AUTHORIZING PARTICIPATION WITH THE STEERING
COMMITTEE OF CITIES SERVED BY ONCOR; AUTHORIZING HIRING OF LEGAL
COUNSEL; 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
LW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL;AND PROVIDING AN EFFECTIVE DATE.
111 6.3 Adopt a Resolution authorizing the City Manager to execute a Reimbursement
Agreement with the State of Texas acting by and through the Texas Department of
Transportation for the purchase of traffic signal equipment.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 8,2023 PAGE 3
RESOLUTION 4013-8-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN,COLLIN COUNTY,TEXAS,APPROVING THE TERMS AND CONDITIONS
OF AN AGREEMENT FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY
A MUNICIPALITY, BY AND BETWEEN THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION("STATE"),AND THE
CITY OF ALLEN, TEXAS ("CITY"); AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER;AND PROVIDING AN EFFECTIVE DATE.
6.4 Authorize the City Manager to execute an agreement with Iron T Construction,Inc.,for
Phase 1 of the Bridge Repair Project for$1,060,000.
6.5 Authorize the City Manager to execute an agreement with Southern Trenchless,LLC,for
the Manhole Replacement Project under an interlocal agreement with the Town of
Fairview for$1,598,525.
6.6 Authorize the City Manager to execute an agreement with Indus Road and Bridge,Inc.,
for the Ridgeview Drive,US Hwy 75 to Chelsea Project for$6,600,000.
6.7 Authorize the City Manager to execute a contract with PepsiCo Beverage Sales,LLC,for
pouring rights and to purchase non-alcoholic beverages from the vendor for $300,000
annually for three(3)years,with the option for four(4)one-year renewals.
6.8 Transmit the Proposed 2023-2024 City of Allen Budget and the Proposed 2024-2028
Capital Improvement Program.
The motion carried.
7. Regular Agenda
7.1 Conduct a Public Hearing and adopt a Resolution approving the 2023-2024 Annual
Action Plan for the Community Development Block Grant(CDBG)Program.
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.
RESOLUTION 4014-8-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2023-2024 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 Shafer and a second by Councilmember Meis, the
Council voted seven (7) for and hone (0) opposed to adopt Resolution No. 4014-8-23(R), as
previously captioned, approving the 2023-2024 Annual Action Plan for the CDBG Program.
The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 8,2023 PAGE 4
7.2 Conduct a Public Hearing and adopt an Ordinance to establish a Planned Development
with a base zoning district of Local Retail, for a 0.688± acre tract of land situated in the
James T. Roberts Survey, Abstract Number 777; generally located northwest of
Exchange Parkway and Allen Heights Drive. [Clearstone Dental]
The City Secretary verified eight (8) zoning protest petitions from property owners (of nine
properties)located within 200 feet of the subject project by the Noon deadline of Monday. The
City Secretary and the Planning Division computed the percentage of the protest area within
200 feet of the zoning request to be 20.65%; therefore, a favorable vote of the three-fourths
(3/4)of the entire City Council will be required for any motion made to approve this proposed
change in zoning. "
Mayor Brooks opened the Public Hearing and asked anyone wishing to speak for or against
this item to do so at this time.
The following individuals spoke against the item:
Leatha Denney, 1202 Aberdeen Drive,Allen, Texas;
Nicholas Myhre, 1209 Glen Ellen Court,Allen,Texas;
Emily Myhre, 1209 Glen Ellen Court,Allen,Texas;
Bob Brugger, 1206 Aberdeen Drive,Allen,Texas; and,
Larry King, 315 North Greenville,Allen,Texas.
Julie Fallwell, 1108 Merribrook Lane,Allen, Texas, spoke in favor of the item.
The following individuals did not speak,but wished to record their opposition into the record:
Dena Brugger, 1206 Aberdeen Court,Allen,Texas; and,
Chris Denney, 1202 Aberdeen Court,Allen,Texas.
With no one else speaking,Mayor Brooks closed the public hearing.
A motion was made by Mayor Pro Tem Schulmeister to adopt an Ordinance to establish a
Planned Development with a base zoning of Local Retail.The motion died for lack of a second.
MOTION: Upon a motion made by Councilmember Trahan and a second by Councilmember Corneae,
the Council voted six(6) for and one (1) opposed, with Mayor Pro Tem Schulmeister casting
the negative vote,to deny an Ordinance to establish a Planned Development with a base zoning
district of Local Retail. The motion carried.
7.3 Conduct a Public Hearing and adopt an Ordinance for a Specific Use Permit authorizing
a "Fitness and Health Center" use on a property generally located southwest of Century
Parkway and McDermott Drive. [TBC Allen]
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 4015-8-23: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN,COLLIN COUNTY,TEXAS,AMENDING THE ALLEN LAND DEVELOPMENT
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 8,2023 PAGE 5
CODE AND ZONING MAP AS PREVIOUSLY AMENDED BY AMENDING AND
RESTATING THE DEVELOPMENT REGULATIONS OF SPECIFIC USE PERMIT NO.
155 FOR A FITNESS AND HEALTH CENTER USE SET FORTH IN ORDINANCE NO.
3504-8-17 RELATING TO THE USE AND DEVELOPMENT OF 4,144± SQUARE FOOT
PORTION OF A BUILDING LOCATED ON LOT 7R, GREENWAY-ALLEN RETAIL
ADDITION, PRESENTLY ZONED SHOPPING CENTER "SC"; PROVIDING 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 Councilmember Cornette and a second by Councilmember Shafer,the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 4015-8-23, as
previously captioned,to amend Specific Use Permit No. 155. The motion carried.
•
7.4 Adopt a Resolution establishing a schedule for fees and rates of Parks and Recreation
memberships and rentals.
RESOLUTION 4016-8-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN,COLLIN COUNTY,TEXAS,ESTABLISHING FEES FOR THE USE OF CITY
PARK AND RECREATION FACILITIES; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE.
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 Resolution No. 4016-8-23(R), as
previously captioned, establishing a schedule for fees and rates for the Parks and Recreation
membership and rentals. The motion carried.
7.5 Adopt an Ordinance ordering a City Bond Election to be held on November 7, 2023,for
the issuance of General Obligation Bonds.
•
Although not a public hearing, Mayor Brooks asked anyone wanting to speak for or against
this item to do so at this time.
The following individuals spoke in favor of the item:
Robin Sedlacek, 640 Autumn Lane,Allen,Texas; and,
Jane Bennett, 924 Scotia Drive,Allen,Texas.
ORDINANCE 4017-8-23: AN ORDINANCE ORDERING A BOND ELECTION TO BE
HELD IN THE CITY OF ALLEN,TEXAS,MAKING PROVISIONS FOR THE CONDUCT
OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED
TO SUCH ELECTION.
MOTION: Upon a motion made by Councilmember Cornette and a second by Councilmember Trahan,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 4017-8-23, as
previously captioned, ordering a City Bond Election to be held on November 7, 2023, for the,
issuance of general obligation bonds. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 8,2023 PAGE 6
7.6 Set September 12, 2023, as the Public Hearing date and vote regarding the Fiscal Year
2023-2024 City Tax Rate.
MOTION: Upon a motion made by Councilmember Cornette and a second by Councilmember Trahan,
the Council voted seven (7) for, with Mayor, Mayor Pro Tern Schulmeister and
Councilmembers Meis, Baril, Cornette, Shafer, and Trahan voting in favor, and none (0)
opposed to set Tuesday, September 12, 2023, at 7:00 p.m., at Allen City Hall, 305 Century
Parkway, Allen, Texas, as the date, time, and place for the Public Hearing and vote on the
proposed City Tax Rate of$0.4205 cents per$100 of appraised value for the Fiscal Year 2023-
2024. The motion carried.
7.7 Set September 12, 2023, as the Public Hearing date and vote regarding the Fiscal Year
2023-2024 City Budget.
MOTION: Upon a motion made by Councilmember Meis and a second by Councilmember Baril, the
Council voted seven(7) for,with Mayor,Mayor Pro Tem Schulmeister and Councilmembers
Meis,Baril,Cornette,Shafer,and Trahan voting in favor, and none(0)opposed to set Tuesday,
September 12, 2023, at 7:00 p.m., at Allen City Hall, 305 Century Parkway, Allen, Texas as
the date, time, and place for the Public Hearing and vote on the City's Proposed Fiscal Year
2023-2024 Budget in accordance with Article IV,Section 4.04 of the City Charter. The motion
carried.
8. Other Business
8.1 Calendar.
• August 22 -City Council Regular Meeting in the City Hall Council Chambers-6 p.m.
• August 22 - 1st Session of the City Council Budget Workshop in the City Hall
Basement Meeting Rooms-6:30 p.m. (or immediately following City Council Regular
meeting).
• August 24-2nd Session of the City Council Budget Workshop at the Marriott Dallas
Allen Hotel&Convention Center-6 p.m.
• August 25 -3rd Session of the City Council Budget Workshop at the Marriott Dallas
Allen Hotel&Convention Center- 8:30 a.m.
8.2 Items of Interest.
• Councilmember Cornette wished happy birthday to his wife,Laurie.
• Mayor Pro Tern Schulmeister wished happy anniversary to his wife,Jeannie.
• Councilmember Trahan wished all the Allen ISD students a great upcoming school year
and congratulated his daughter for attaining a spot on the Allen High School volleyball
team.
• Councilmember Baril wished all college students a great school year.
• Councilmember Cornette encouraged residents to visit the colorful umbrella display at
Watters Creek Village.
• Councilmember Cornette stressed to those struggling with a mental illness to ask for help
as they are not alone.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 8,2023 PAGE 7
' • Mayor Pro Tern Schulmeister acknowledged MD7 for the positive impact they have made
in Allen since relocating their headquarters to Allen in 2021.
• Mayor Pro Tem Schulmeister thanked the special team of Allen firefighters for providing
mutual aid with Frisco to fight wildfires in west Texas.
• Mayor Brooks announced the Council would host a reception to unveil the portrait of
former Mayor Kenneth M.Fulk on August 15.
9. Executive Session
The Executive Session was not held.
10. Adjournment
Mayor Brooks adjourned the Regular Meeting of the Allen City Council at 8:49 p.m. on Tuesday,
August 8,2023.
These minutes were approved on the 22'day of August 2023.
APPRO .
•
Ba' a L.B ooks YOR
ATTEST:
Sh y B.George C,CITY RETARY