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Home My WebLink AboutMin - City Council - 2021 - 11/09 - Regular ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9,2021 Present: Kenneth M. Fulk,Mayor • Councilmembers: Baine Brooks,Mayor Pro Tern Daren Meis (absent) Carl Clemencich Dave Corneae Chris Schulmeister Dave Shafer 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 With a quorum of the Councilmembers present,the Workshop Session of the Allen City Council was called to order by Mayor Fulk at 6:01 p.m. on Tuesday,November 9, 2021, in the Basement Meeting Rooms of Allen City Hall,305 Century Parkway,Allen,Texas. 1. Discussion on Short Term Rentals. 2. Committee Updates from City Council Liaisons. 3. Questions on Current Agenda. With no further discussion,Mayor Fulk adjourned the Workshop Session of the Allen City Council at 6:55 p.m. on Tuesday,November 9,2021. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9,2021 PAGE'2 1. Call to Order and Announce a Quorum is Present With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Fulk at 7:01 p.m. on Tuesday, November 9, 2021, in the City Council Chambers of Allen City Hall, 305 Century Parkway,Allen,Texas. 2. Pledge of Allegiance Members of VFW Post 2195 posted the Colors and Lead the Pledge of Allegiance. 3. Public.Recognition 3.1 Citizen's Comments. Ken Byler, 204 Allenwood Drive, Allen, Texas spoke about honoring Ruth'Pringle and Tom Keener. 3.2 Presentation of a Proclamation by the Office of the Mayor. • Presentation of .a Proclamation to VFW Post 2195 and Veterans Proclaiming November 11,2021,as Veterans Day. • Presentation of a Proclamation to Erin Jones, Planning Manager, Community Enhancement, Proclaiming November 13-21, 2021, as Hunger and Homelessness Awareness Week. • Presentation of a Proclamation to The Allen Fairview Chamber of Commerce Proclaiming November 27,2021,as Small Business Saturday. 3.3 Presentation of the Final Report from the Ad Hoc Committee on Diversity, Equity.and Inclusion. 3.4 Presentation of the Report from the Downtown Steering Committee. 4. Consent Agenda MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember Shafer, the Council voted six (6) for and none (0) opposed to adopt items on the Consent Agenda as follows: 4.1 Approve Meeting Minutes of the October 26,2021,Regular City Council Meeting. 4.2 Adopt an Ordinance Granting a Request for Variances from Section'6.03.5.5(b) of the Allen Land Development Code and Section 8-16(a)(1) of the Code of Ordinances by Authorizing the Sale of Alcoholic Beverages on 12.562±Acres Located at the Northwest Corner of Exchange Parkway and N. Greenville Avenue and Less than 300 Feet'from Property Used as a Public School. 111 ORDINANCE NO. 3876-11-21: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, GRANTING A VARIANCE PURSUANT TO SECTION 8-16(e) OF THE CODE OF ORDINANCES OF THE CITY OF ALLEN TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES ON 12.562± ACRES OUT OF ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9,2021 PAGE 3 THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026,DESCRIBED IN EXHIBIT"A" HERETO LOCATED WITHIN 300 FEET OF A PUBLIC SCHOOL; PROVIDING CONDITIONS TO SUCH VARIANCE; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN .EFFECTIVE DATE. 4.3 Adopt an Ordinance Granting to Atmos Energy Corporation,Its Successors.and Assigns, a Non-Exclusive Franchise to Use Public Rights-Of-Way of the City of Allen for the Purposes of Constructing, Maintaining and Operating .a Gas Distribution and Transmission System for a Period of Ten (10)Years. ORDINANCE NO. 3877-11-21: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID CITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE PUBLIC RIGHTS-OF-WAYS; AND PROVIDING THAT SUCH FEE SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; AND REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES. 4.4 Adopt a Resolution Authorizing the City Manager to Apply For,Accept,Reject,Alter,or Terminate a Grant from the State of Texas, Office of the Governor, Criminal Justice Division to Purchase Body Worn Cameras and Associated Equipment. RESOLUTION NO.3878-11-21(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE GRANT #4380501 FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING TO PURCHASE BODY WORN CAMERAS AND ASSOCIATED EQUIPMENT, IF AWARDED. 4.5 Award Bid and Authorize the City Manager to Execute a Contract with Felix Construction Company for the Stacy Pump Station No. 1 Project in the Amount of $4,788,300. 4.6 Receive the Quarterly Investment Report for Period Ending September 30,2021. 4.7 Receive the Quarterly Financial Report for Period Ending September 30,2021. 4.8 Motion to Cancel City Council Meetings Scheduled for November 23,2021,and December 28,2021. The motion carried. 5. Regular Agenda ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9,2021 PAGE 4 111 5.1 Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of Planned Development PD No. 108 Office "0," District F, to repeal Ordinance No.3815-4-21,and to adopt a Zoning Exhibit,Concept Plan,Landscape Plan, and Building Elevations for the Property Generally Located at the Southwestern Corner of the Intersection of Exchange Parkway and Raintree Circle. (Convenience Store with Fuel Sales-905 Exchange Pkwy.) Mayor Fulk 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 Fulk'closed the Public Hearing. ORDINANCE NO. 3879-11-21: 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 REGULATIONS RELATING TO THE USE AND DEVELOPMENT OF LOT 7, BLOCK G, BRAY CENTRAL ONE, LOCATED IN DISTRICT F OF PLANNED DEVELOPMENT "PD" NO. 108 OFFICE "0" AND ADOPTING A ZONING EXHIBIT, CONCEPT PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS; REPEALING ORDINANCE NO. 3815-4-21; 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 Shafer and a second by Councilmember Cornette,the Council voted six(6) for and none (0) opposed,to adopt Ordinance No. 3879-11-21, as previously captioned, amending the Development Regulations of District F of Planned Development No. 108 Office for approximately 2.535E acres of land, subject to the Zoning Exhibit, Concept Plan, Landscape Plan, and Building Elevations. The motion carried. 5.2. Authorize the City Manager to Execute a Meet and Confer Agreement with The Allen Police Association. MOTION: Upon a motion made by Mayor Pro Tem Brooks and a second by Councilmember Clemencich, the Council voted six(6) for and none (0) opposed to authorize the City Manager to execute a Meet and Confer Agreement with the Allen Police Association. The motion carried. 6. Other Business 6.1 Calendar. • November 15—Canvass of the November 2,2021,Election, 5:30 p.m. • December 4—Holly Jolly Celebration and Christmas Tree Lighting • November 11 —Veterans Day Program at Allen Public Library,7:30 p.m. 6.2 Items of Interest. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9,2021 PAGE 5 • Council wished happy birthday to Mayor Pro Tern Brooks and Councilmember Schulmeister. • Mayor Fulk announced All Community Outreach as his Charity of the Month. • Mayor Pro Tern Brooks invited the community to participate in the All Community Outreach North Pole Toy Drive now through December 3. • Councilmember Schulmeister recognized the great work from staff during the Allen Animal Shelter Open House. • Mayor Pro Tem Brooks invited the community to attend the Junior League of Collin County "Neath the Wreath" event held at Marriott Dallas I Allen Hotel & Convention Center November 11-14. • Councilmember Cornette invited the community to participate in the VFW Food Drive supporting All Community Outreach at Market Street Allen on November 13,2021. • Councilmember Cornette invited the community and veterans to attend the Tree-Lighting and Tribute to veterans at The Village at Allen November 13`n Mayor Fulk announced the Executive Session then recessed the Regular Agenda at 9:06 p.m. 7. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 9:15 p.m. on Tuesday November 9, 2021, in the Basement Meeting Rooms, 305 Century- Parkway,Allen,Texas, in order to discuss matters pertaining to: 7.1 Consultation with City Attorney Pursuant to Section 551.071 of the Texas Government Code. • Potential Lawsuit Against Netflix, Inc., Hulu, LLC, Disney DTC, LLC, and Other Video Service Providers. 7.2 Consultation with City Attorney Pursuant to Section 551.071 of the Texas Government Code and for Economic Development Deliberations Pursuant to Section 551.087. • Discussion regarding The Avenue Project. The Executive Session adjourned at 10:38 p.m. on Tuesday,November 9,2021. 7.3 Reconvene and Consider Action on Items Resulting from Executive Session. The Allen City Council reconvened into the Regular Meeting at 10:41 p.m. on Tuesday,November 9, 2021.No action was taken on items discussed during the Executive Session. 8. Adjournment MOTION: Upon a motion made.by Councilmember Cornette and a second by Councilmember Shafer, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 10:42 p.m. on Tuesday,November 9,2021. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 9,2021 PAGE 6 These minutes approved on thel4`h day of December 2021. PR D: = e neth M.Fulk,MAY ATTEST: l � 1 Shelley B.Georg C, TY SECRETARY