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Min - City Council - 2023 - 11/14 - Regular ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 14,2023 Present: Baine L.Brooks,Mayor Allen City Council: Chris Schulmeister,Mayor Pro Tern Daren Meis(absent) Mary Vail-Grube Tommy Bari! 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(absent) Pete Smith, City Attorney(absent) Kevin Laughlin,Attorney Workshop Session The Workshop Session was not held. 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 7:00 p.rn. on Tuesday,November 14,2023, in the Boardroom of the Allen ISD Professional Learning and Auxiliary Services Building, 610 E. Bethany Drive, Allen, Texas. 2. Pledge of Allegiance The VFW Post 2195 Color Guard posted the colors and led the Pledge of Allegiance. Mayor Brooks asked everyone to join him and the Allen City Council in a moment of silence. 3. Appointment to fill a vacancy on the Allen City Council ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 14,2023 PAGE 4 3.1 Appoint Mary Vail-Grube to fill the vacancy in the unexpired term in Place No. 1 on the • Allen City Council. MOTION: Upon a motion made by Mayor Pro Tern Schulmeister and a second by Councilmember Baril, the Council voted six (6) for and none (0) opposed to appoint Mary Vail-Grube to fill the vacancy in the unexpired term in Place No. 1 on the Allen City Council. The motion carried. 3.2 Administration of the Oath-of-Office and presentation of the Certificate-of-Appointment. City Secretary George administered the Oath-of-Office to newly appointed Councilmember Mary Vail-Grube. Mayor Brooks presented a Certificate-of-Appointment to her and offered his congratulations on her appointment to the Allen City Council. 4. Public Recognition 4.1 Presentation of Proclamations by the Office of the Mayor. • Veterans Day • Small Business Saturday • Hunger and Homelessness Awareness Week 5. Citizens' Comments • Council recognized Scouts from Troops 1914 and 624 in attendance as a requirement for the Communication Merit Badge. • The following individuals addressed the Allen City Council: • Naila Syed,2035 Temperate Drive,Allen Texas; • Zeeshan Naseh,2035 Temperate Drive,Allen,Texas; • Edrees Elrachidi, 1413 Landsford Drive,Allen,Texas; • Jingxuan Zhang, 3120 Golden Springs Dr,Plano,Texas; • Sairah Anwar, 1150 Amy Drive,Allen,Texas; and, • Scott Cote, 710 Rockcrossing Lane,Allen,Texas. 6. Consent Agenda 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 approve the Consent Agenda as follows: 6.1 Approve minutes of the October 24,2023,Regular City Council Meeting. 6.2 Approve minutes of the October 30, 2023, Special Called Joint Workshop of the Allen City Council and Economic Development Corporation. 6.3 Adopt a Resolution casting 111 votes for Ms. Veronica Yost for election to the Board of Directors for the Collin Central Appraisal District. RESOLUTION NO. 4047-11-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CASTING THE OFFICIAL.BALLOT FOR THE BOARD OF DIRECTORS FOR THE COLLIN CENTRAL APPRAISAL DISTRICT IN ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 14,2023 PAGE 5 ACCORDANCE WITH SECTION 6.03(g) OF THE STATE PROPERTY TAX CODE; DIRECTING THE CITY SECRETARY TO NOTIFY INTERESTED PARTIES OF SAID ACTION;AND PROVIDING AN EFFECTIVE DATE. 6.4 Authorize the City Manager to execute an Interlocal Agreement with Denton County Transportation Authority(DCTA)for the provision of Demand Response Transportation Services for the elderly and disabled. 6.5 Authorize the City Manager to .execute a First Modification of the Memorandum of Understanding(MOU)with the North Texas Municipal Water District(NTMWD),Cities of Allen,Frisco,McKinney,Plano,and Richardson regarding the Amended and Restated Regional Composting Program Interlocal Agreement. 6.6 Authorize the City Manager to execute an agreement with Insituform Technologies,LLC, for the repair of the Sewer Aerial Crossing on Cottonwood Creek at the corner of Greenville Avenue and Main Street for$350,000. 6.7 Authorize the City Manager to purchase cybersecurity services from Rapid? .through Solid Border for$126,845. 6.8 Authorize the City Manager to execute a First Amendment to the agreement with Christmas Decor by JET for the downtown holiday project, increasing the amount to $250,000. The motion carried. 7. Regular Agenda • 7.1 Conduct the Canvass of the Bond Election and adopt an Ordinance declaring the results of the Bond Election held on November 7,2023. Ms. George reviewed for. the City Council the election returns for the Bond Election. She distributed and reviewed handout materials including early voting totals, Election Day totals, and the combined Election totals. She also reviewed voting statistics, including 70,345 registered voters and 10,339 total votes,which indicated a 14.9%voter turnout.Any votes cast by military overseas ballots (FPCA - Federal Post Card Application) and provisional ballots have been verified by the Early Voting Ballot.Board and are included in the verified totals.The totals verified the following results: PROPOSITION A: "THE ISSUANCE OF $47,000,000 CITY OF ALLEN, TEXAS GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS INCLUDING ASSOCIATED. NEIGHBORHOOD STREETSCAPES, SCREENING WALLS, STREETLIGHTS, PEDESTRIAN INTERSECTIONS AND CROSSINGS AND ADA IMPROVEMENTS AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS" ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 14,2023 PAGE 6 • For Against Early Votes 4,297 1,180 Mail Votes 108 30 Election Day Votes 3,610 1,077 TOTAL 8,015 2,287 PROPOSITION B: "THE ISSUANCE OF $17,000,000 CITY OF ALLEN, TEXAS GENERAL OBLIGATION BONDS FOR IMPROVEMENTS TO FORD PARK, INCLUDING ATHLETIC FIELDS AND SPORT COURTS AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS" For Against Early Votes 3,099 2,315 Mail Votes 72 64 Election Day Votes 2,587 2,039 TOTAL 5,758 4,418 PROPOSITION C: "THE ISSUANCE OF$1,500,000 CITY OF ALLEN,TEXAS GENERAL OBLIGATION BONDS FOR PUBLIC ART PROJECTS AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS" For Against Early Votes 2,373 3,026 Mail Votes 60 77 Election Day Votes 2,091 2,518 TOTAL 4,524 5,621 PROPOSITION D: "THE ISSUANCE OF $8,000,000 CITY OF ALLEN, TEXAS GENERAL OBLIGATION BONDS FOR DOWNTOWN STREET AND MOBILITY INFRASTRUCTURE IMPROVEMENTS AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS" For Against Early Votes 3,404 2,040 Mail Votes 92 46 Election Day Votes 2,902 1,730 TOTAL 6,398 .3,816 PROPOSITION E: "THE ISSUANCE OF $83,000,000 OF CITY OF ALLEN, TEXAS GENERAL OBLIGATION BONDS FOR POLICE FACILITIES, INCLUDING A NEW POLICE HEADQUARTERS FACILITY AND EMERGENCY DISPATCH OFFICE AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS" ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 14,2023 PAGE 7 For Against Early Votes 3,606 1,866 Mail Votes 98 40 Election Day Votes 2,768 1,912 TOTAL 6,472 3,818 ORDINANCE NO.4048-11-23: AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION; AND OTHER MATTERS IN CONNECTION THEREWITH. MOTION: Upon a motion by Mayor Pro Tern Schulmeister and a second by Councilmember Shafer,the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 4048-11-23, as previously captioned, declaring the results of the November 7, 2023, Bond Election. The motion carried. Mayor Brooks announced that the Canvass of the Election was completed. 7.2 Conduct a Public Hearing and adopt an Ordinance to amend the development and use regulations for Lot 5, Block B, Starcreek Commercial, located in Tract Al of Planned Development No. 52 with a base zoning of Corridor Commercial. [Starcreek Surgical Center] Mayor Brooks opened the public hearing. With no one speaking,Mayor Brooks closed the public hearing. ORDINANCE NO. 4049-11-23: 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 THE DEVELOPMENT REGULATIONS RELATING TO THE USE AND DEVELOPMENT OF LOT 5, BLOCK B, STARCREEK COMMERCIAL, LOCATED IN AND SUBJECT TO THE REGULATIONS OF TRACT A-1 OF PLANNED DEVELOPMENT "PD" 92 BY ADDING AND ALLOWING SAID PROPERTY TO BE USED FOR MEDICAL CLINIC USE; AND ADOPTING A CONCEPTUAL SITE PLAN; PROVIDING FOR A CONFLICTS'RESOLUTIONS 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 Trahan and a second by Councilmember Shafer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 4049-11-23, as previously captioned,to amend Planned Development No. 92. The motion.carried. 7.3 Conduct a Public Hearing and adopt an Ordinance to amend the development and use regulations for Lot 1, Block A, Schumacher Addition, located in Area 1`of Planned Development No.3,with a base zoning of Light Industrial. [SHB Office] Mayor Brooks opened the public hearing. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 14,2023 PAGE 8 Samantha Rollins,proponent, spoke in support of the item. With no one else speaking,Mayor Brooks closed the public hearing. ORDINANCE NO. 4050-11-23: 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 THE REGULATIONS RELATING TO THE DEVELOPMENT AND USE OF LOT 1, BLOCK A, SCHUMACHER ADDITION WITHIN AREA 1 OF PLANNED DEVELOPMENT"PD"NO.3 WITH A BASE ZONING OF LIGHT INDUSTRIAL"LI"BY ADDING ADDITIONAL PERMITTED USES; 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 Schulmeister and a second by Councilmember Cornette,the Council voted six(6)for and one(1)opposed with Councilmember Shafer casting the negative vote, to adopt Ordinance No. 4050-11-23, as previously captioned, to amend Planned Development No. 3. The motion carried. 7.4 Conduct a Public Hearing and adopt a Resolution adopting the 2022-2023 111 Comprehensive Annual Performance Evaluation Report (CAPER) for the Community Development Block Grant(CDBG)Program. Mayor Brooks opened the public hearing. With no one speaking,Mayor Brooks closed the public hearing. RESOLUTION NO. 4051-11-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2022-2023 COMPREHENSIVE ANNUAL PERFORMANCE EVALUATION REPORT (CAPER); 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 Cornette,the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 4051-11-23(R), as previously captioned,to approve the 2022-23 CAPER and its submission to HUD. The motion carried. • 7.5 Confirm appointments of members of the Allen City Council as Board Members to fill vacancies on the Allen Economic Development Corporation and Allen Convention and Visitors Bureau Advisory Board as nominated by Mayor Brooks. MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Vail-Grube, the Council voted six (6) for and one (1) opposed with Mayor Pro Tern Schulmeister casting the negative vote,to confirm the appointment of Councilmember Shafter as Board Member to the Convention and Visitors Bureau, Councilmember Baril as Council Liaison to the Keep ALLEN CITY.COUNCIL REGULAR MEETING NOVEMBER 14,2023 PAGE 9 Allen Beautiful Board, and Mayor Brooks as Board Member to the Economic Development Corporation as nominated by Mayor Brooks. The motion carried. 8. Other Business 8.1 Calendar. • November 23 and 24-City Hall Closed for Thanksgiving Holiday • December 2 -Holly Jolly Celebration featuring a 5K and Fun Run and Christmas Tree Lighting J 8.2 Items of Interest. • Council wished happy birthday to Mayor Brooks, Ms. Vice and Mayor Pro Tem Schulmeister. • Mayor Brooks congratulated Councilmember Cornette on his recognition at the Congressional Veteran Commendation Ceremony on Friday hosted by Congressman Keith Self. • Mayor Pro Tern Schulmeister congratulated golf services manager Jeff Holt who was named the PGA Metro Chapter Golf Professional of the Year. • Mayor Pro Tern Schulmeister congratulated the Allen Economic Development Corporation on winning the CEDA Innovativeness Award for The Farm in Allen from the Texas Economic Development'Corporation • Mayor Brooks announced the upcoming Holly Jolly Celebration on Saturday, Dec. 2 in Downtown Allen. • Councilmember Baril encouraged our area youth to learn more about participating in the community through Boy Scouts at BeAScout.org. 9. Executive Session An Executive Session was not held. 10. Adjournment Mayor Brooks adjourned the Regular Meeting of the Allen City Council at 8:29 p.m. on Tuesday, November 14,2023. • These minutes were approved on the 28`h day of November 2023. APPROVED: -/ Baine .Broo , TEST: S e ley B.George, RMC,CITY SECRETARY