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Home My WebLink AboutMin - City Council - 2016 - 03/08 - RegularALLEN CITY COUNCIL REGULAR MEETING MARCH 8, 2016 Present: Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek (absent) Baine Brooks City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Eric Ellwanger, Assistant City Manager (absent) Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office 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 Terrell at 6:30 p.m. on Tuesday, March 8, 2016, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Introduction of George Chrisman, President of the Allen Community Development • Update Regarding The Courses at Watters Creek Green Repairs • Committee Updates from City Council Liaisons • Questions on Current Agenda With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:52 p.m. on Tuesday, March 8, 2016. 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 Terrell at 7:03 p.m. on Tuesday, March 8, 2016, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledee of Allegiance Public Recognition ALLEN CITY COUNCIL REGULAR MEETING MARCH 8, 2016 1. Citizens' Comments. PAGE 2 Ryan Wiersema, 1507 Riverdale Drive, Allen, Texas, spoke regarding trail safety on Watters Creek Trail. Jodi Hedgcoxe, 537 Cedar Elem Lane, Allen, Texas, spoke regarding a need for a Boys and Girls Club in Allen. 2. Presentation of the Texas Municipal Library Directors Association (TMLDA) Achievement of Library Excellence Award. 3. Presentation of the Allen Community Development Corporation (CDC) Annual Report by George Chrisman, President. Mayor Terrell removed the following agenda item from the Consent Agenda. 10. Authorize the City Manager to Execute a Five Year Lease of Xerox Copiers and Maintenance Services with Denitech, a Dahill Office Technology Corporation, for an Annual Amount not to Exceed $100,000 through the PACE Purchasing Cooperative Contract. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Herald, the Council voted six (6) for and none (0) opposed to adopt all remaining items on the Consent Agenda as follows: Approve Minutes of the February 23, 2016, Regular Meeting of the Allen City Council. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or Terminate a One -Year Grant from the State of Texas, Office of the Governor, Criminal Justice Division to Fund a Use of Force Judgment Simulator. RESOLUTION NO. 3365-3-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE GRANT # 3119401 A GRANT FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A USE OF FORCE JUDGMENT SIMULATOR, IF AWARDED; AND PROVIDING FOR AN EFFECTIVE DATE, 6. Authorize the City Manager to Execute the Purchase of Sound, Lighting, Video, Production and Stagehand Services for the Allen Event Center from Onstage, DJP, Gemini, Upstage Center, Production Experience, Show Masters and Stage Corps for an Annual Amount Not to Exceed $600,000 with the Option for Four One -Year Renewals. 7. Award Bid and Authorize the City Manager to Execute a Contract with SOI Group, Inc., for the Construction of Orchards Park in an Amount Not to Exceed $596,298 and Establish a Project Budget in the Amount of $698,258. 8. Award Bid and Authorize the City Manager to Execute a Contract with NACC Services, Inc., for the Annual On -Call Concrete Repair and Trail Maintenance Programs for an Amount Not to Exceed $300,000 with the Option for Two One Year Renewals, and Award an Alternative ALLEN CITY COUNCIL REGULAR MEETING MARCH S, 2016 PAGE 3 Contract with KT Contracting - Concrete Series, LLC, to be Utilized in the Event the Primary Contractor is Unable to Fulfill Their Contractual Obligations. 9. Authorize the City Manager to Execute a Contract with Sprint Corporation for Cellular Equipment and Service for an Average Annual Amount of $113,500 with Three (3) Optional One -Year Renewals through the State of Texas Department of Information Resources (DIR) Purchasing Program. 11. Authorize the City Manager to Sign a Memorandum of Understanding Between North Texas Municipal Water District and the Cities of Allen, Frisco, McKinney, Plano, and Richardson Regarding the Amended and Restated Regional Composting Program Interlocal Agreement. 12. Receive the Unaudited Financial Report for the Period Ending December 31, 2015. The motion carried. No action was taken on Item 10, Mayor Terrell continued to the Regular Agenda. Regular Aeenda 13. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development 1 Code Amending Definitions to Provide a Definition for Restaurant (No Drive-in or Through) and by Amending Section 6.03.5 Establishing an Exception to the Distance Separation for Certain Restaurants (No Drive-in or Through) or Restaurant (with Drive-through) From a Church, School or Hospital, Subject to Certain Conditions. 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. 3366-3-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING APPENDIX A "DEFINITIONS" BY REPEALING THE DEFINITION FOR "RESTAURANT OR CAFETERIA (NO DRIVE-IN SERVICE)," REPLACING SAID DEFINITION WITH A NEW DEFINITION FOR `RESTAURANT (NO DRIVE-IN OR THROUGH)" AND INCLUDING LANGUAGE CLARIFYING THAT SUCH RESTAURANTS INCLUDE ESTABLISHMENTS THAT SELL ALCOHOLIC BEVERAGES SUBJECT TO CERTAIN CONDITIONS; AND BY AMENDING SECTION 6.03.5 'RESTAURANTS WITH FOOD AND BEVERAGE CERTIFICATES - GEOGRAPHIC LOCATIONS" BY ADDING A NEW PARAGRAPH .5 ESTABLISHING AN EXCEPTION TO THE DISTANCE SEPARATION CRITERIA IN PARAGRAPH 4 OF SAID SECTION FOR RESTAURANTS (NO DRIVE-IN OR THROUGH) AND RESTAURANTS (WITH DRIVE-THROUGH) SUBJECT TO CERTAIN CONDITIONS; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pre Tem Caplinger and a second by Councilmember Herald, the Council voted six (6) for and none (0) opposed to approve the proposed amendments to ALLEN CITY COUNCIL REGULAR MEETING MARCH 8, 2016 PAGE 4 the Allen Land Development Code. The motion carried. Other Business 14. Calendar. 15. Items of Interest. • Council recognized a Boy Scout from Troop #1299 in attendance as a requirement in eaming the citizenship in community and communication merit badges. Executive Session The Executive Session was not held. MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7:40 p.m, on Tuesday, March 8, 2016. The motion carried. These minutes approved on the 22ntl day of March 2016. APPOVED: Step n Terrell, MAYOR ATTEST: Shellee, TRMC, CI SECRETARY A