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Home My WebLink AboutMin - City Council - 2023 - 02/28 - Regular ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 28,2023 Present: Allen City Council: Kenneth M. Fulk,Mayor Chris Schulmeister,Mayor Pro Tern Daren Meis Carl Clemencich 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(absent) Shelley B. George,City Secretary(absent) 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 Fulk at 6:00 p.m. on Tuesday, February 28, 2023,in the Basement Meeting Rooms of Allen City Hall, 305 Century Parkway,Allen,Texas. 2. Discussion Items 2.1 Review Quarterly Financial Reports. 2.2 Update on Capital Improvement Projects. 2.3 Committee updates from City Council Liaisons. 2.4 Questions on the current Agenda. 3. Adjourn to Regular Meeting With no further discussion,Mayor Fulk adjourned the Workshop of the Allen City Council at 6:51 p.m. on Tuesday, February 28, 2023, in the Basement Meeting Rooms of Allen City Hall, 305 Century Parkway,Allen,Texas. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 28,2023 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 Fulk at 7:00 p.m. on Tuesday, February 28, 2023, in the City Council Chambers of Allen City Hall, 305 Century Parkway,Allen,Texas. 2. Pledge of Allegiance 3. Public Recognition 3.1 "Take Care of Texas"Video Contest Winner • Olivia Kim, 7`h Grade,Ereckson Middle School Arbor Day Poster Contest Winners • 1St Place- Sudikcha Sripathi, 5th Grade, Cheatham Elementary School • 2nd Place—Priha Muttyal, 5th Grade, Cheatham Elementary School • 3`d Place—Aahana Gaur, 5th Grade, Cheatham Elementary School 4. Citizens' Comments • Radha Krishna Temple, 1450 N. Watters Road, Allen,Texas, spoke regarding the Dallas Holifest event on March 11,2023. • Jack Brothers, 501 Stretford Lane,Allen,Texas, spoke regarding Stormwater Management. 5. Consent Agenda MOTION: Upon a motion made by Mayor Pro Tem Schulmeister and a second by Councilmember Cornette, the Council voted seven (7) for and none (0) opposed to approve all the Consent Agenda as follows: 5.1 Approve minutes of the February 14,2023,Regular City Council Meeting. 5.2 Adopt an Ordinance .amending the .Code of Ordinances, Chapter 13, "Streets and Sidewalks," Article 1,Section 13-3 for "Sidewalk Maintenance and Liability." ORDINANCE NO. 3985-2-23: AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 13-3 OF THE CODE TO PROVIDE FOR SIDEWALK MAINTENANCE RESPONSIBILITY AND LIABILITY IN THE CITY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS($2,000.00)FOR EACH OFFENSE;AND PROVIDING AN EFFECTIVE DATE. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 28,2023 PAGE 3 6. Regular Agenda 6.1 Conduct a Public Hearing and adopt an Ordinance to amend the development regulations of Planned Development No. 4 with a base zoning of Shopping Center and to adopt a Zoning Exhibit, Concept Plan, Landscape Plan, and Building Elevations for property generally located southeast of Greenville Avenue and Hightrail Drive. [Allen Flex Center] Mayor Fulk opened the public hearing for this agenda item 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.3986-2-23: 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 USE AND DEVELOPMENT OF 7.459+/- ACRES OUT THE RUFUS SEWALL SURVEY, ABSTRACT NO. 875; PRESENTLY LOCATED IN PLANNED DEVELOPMENT "PD" NO. 4 SHOPPING CENTER ADOPTING A ZONING EXHIBIT, DEVELOPMENT REGULATIONS, A CONCEPT PLAN,BUILDING ELEVATIONS,AND A LANDSCAPE PLAN;PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE;PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO 111 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 Clemencich, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3986-2-23,as previously captioned,to amend Planned Development No. 4 with a base zoning of Shopping Center with the additional requirement that no Certificate of Occupancy shall be granted for Building A or Building B as designated on the Concept Plan until the commencement of construction has occurred on Buildings C, D and E as designated on the Concept Plan. The motion carried. 6.2 Conduct a Public Hearing and adopt an Ordinance to amend the development regulations of Planned Development No. 45 with a base zoning of Shopping Center relating to the installation of signs and adopt an amendment to the sign plan for a property generally located southwest of Stacy Road and Central Expressway. [Outback Allen] Mayor Fulk opened the public hearing for this agenda item 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.3987-2-23: 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 USE AND DEVELOPMENT REGULATIONS OF PLANNED DEVELOPMENT "PD"NO. 45 WITH A BASE ZONING OF SHOPPING CENTER "SC" AS ADOPTED BY ORDINANCE NO. 3529-10-17 RELATING TO THE INSTALLATION ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 28,2023 PAGE 4 111 OF SIGNS ON LOT 3R1, BLOCK A, STACY GREEN; 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 Councilmember Shafer and a second by Councilmember Cornette,the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3987-2-23, as previously captioned,to amend Planned Development No.45 with a base zoning of Shopping Center and to adopt an amendment to Exhibit"G"Sign Plan,as presented.The motion carried. 6.3 Conduct a Public Hearing and adopt an Ordinance to amend the Allen Land Development Code by amending Subsection 6 of Section 4.10, authorizing home occupations in residential accessory buildings and repealing certain advertising restrictions; approving Section 4.11, adding regulations for commercial accessory structures; by removing"Restaurant/Private Club"as a use in Section 4.20.3; amending Section 6.05 to add Section 6.05.5 regarding amending an approved site plan; amending Section 7.04.1 to add regulations for parallel parking space dimensions;amending Section 7.05.4 regarding the number of required trees for new single-family residential development to be planted; Appendix A amending the definition "medical or dental office"and amending or removing various restaurant classifications and definitions; and Appendix C removing Texas Ash as a recommended overstory shade tree species. Mayor Fulk opened the public hearing for this agenda item and asked anyone wishing to speak for or against this item to do so at this time. Nathan Polsky, 1108 Timberline Lane,Allen,Texas, spoke in favor of this Item. With no one else speaking,Mayor Fulk closed the public hearing. ORDINANCE NO. 3988-2-23: AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING: SECTION 4.10, "RESIDENTIAL ACCESSORY USE REGULATIONS" BY AMENDING SUBSECTION 6, "HOME OCCUPATIONS"; SECTION 4.11, "COMMERCIAL ACCESSORY USE REGULATIONS" RELATING TO REGULATION OF NON-RESIDENTIAL ACCESSORY USES AND ACCESSORY BUILDINGS; SECTION 4.20.3 "SCHEDULE OF ACCESSORY USES" BY REMOVING THE USE"RESTAURANT/PRIVATE CLUB;" SECTION 6.05 "SITE PLAN APPROVAL" BY ADDING SECTION 6.05.5 TITLED "SITE PLAN AMENDMENTS; SECTION 7.04.1. "VEHICLE PARKING" SUBSECTION 4 "MINIMUM DIMENSIONS FOR OFF-STREET PARKING" BY ADDING A PARAGRAPH REGULATING PARALLEL PARKING SPACES; SECTION 7.05.4 "TREE PLANTING REQUIREMENTS FOR NEW SINGLE- FAMILY RESIDENTIAL DEVELOPMENT (ATTACHED AND DETACHED)"; APPENDIX A "DEFINITIONS," BY DELETING THE DEFINITIONS FOR "RESTAURANT OR CAFETERIA (NO DRIVE IN SERVICE)," "RESTAURANT OR EATING PLACE(DRIVE-IN SERVICE),"AND"RESTAURANT/PRIVATE CLUB"AND AMENDING THE DEFINITIONS FOR "MEDICAL OR DENTAL OFFICE," "RESTAURANT (NO DRIVE-IN OR THROUGH)," AND RESTAURANT (WITH A DRIVE-IN OR DRIVE-THROUGH);" AND APPENDIX C "TREES AND PLANTS" BY ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 28,2023 PAGE 5 DELETING "TEXAS ASH" FROM THE RECOMMENDED LIST OF OVERSTORY (SHADE) TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00)DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Meis, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3988-2-23, as previously captioned,to amend the Allen Land Development Code. The motion carried. 6.4 Make appointments to fill vacancies on various Boards and Committees. Mayor Fulk moved to Item 7. 7. Other Business 7.1 Calendar. 7.2 Items of Interest. • Councilmember Trahan announced that Allen CDC would host its Annual Town Hall meeting in person and online on March 20 at 7:00 p.m. at Allen City Hall and encouraged the public to submit a project for funding consideration by the March 13 deadline. • Mayor Fulk announced Leia's Kids would host a Blood Drive on March 2 at 12:00 p.m.at 107 N. Greenville Avenue and encouraged the public to participate. • Mayor Fulk announced"Heroes on the Water"as his Charity of the Month. • Councilmember Cornette announced The Courses at Watters Creek would host a PGA Hope program beginning March 16,2023,benefiting Veterans and Active-duty military. • Council wished happy birthday to Fire Chief Jonathan Boyd. Mayor Fulk recessed the Regular Agenda at 8:12 p.m. after he announced the Executive Session. 8. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 8:18 p.m.on Tuesday,February 28,2023,in the Council Conference Room of the Allen City Hall, 305 Century Parkway,Allen,Texas,in order to discuss matters pertaining to: 8.1 Texas Government Code,Section 551.074 Personnel Deliberation: • •Discussion of appointments to the Downtown Design Review Board,Board of Adjustment, and Allen Community Development Corporation or other Quasi-Judicial Boards, as may be necessary. 8.2 Texas Government Code,Section 551.087,Economic Development Deliberation: • Sloan Corners Development. The Executive Session adjourned at 8:53 p.m. on Tuesday,February 28,2023. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 28,2023 PAGE 6 8.3 Reconvene and Consider Action on Items Resulting from Executive Session. The Allen City Council reconvened into the Regular Meeting at 8:55 p.m. on Tuesday, February 28, 2023, in the City Council Chambers of Allen City Hall, 305 Century Parkway, Allen,Texas. The following action was taken on items discussed during Executive Session. MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember Corneae, the Council voted seven (7) for and none (0) opposed to appoint the following individuals as recommended by the Council Nominating Committee to the designated places on the respective Boards and Committees. The motion carried. Downtown Design Review Board Expiration Date Place No. 1 Gary Taylor September 30,2024 Place No. 2 Xi Breeding September 30,2026 Place No. 3 Sam Clark September 30,2024 Place No.4 Murry McKenzie September 30,2025 Place No. 5 James Hoffheins September 30,2024 Place No. 6 Ami Parikh September 30,2025 Place No. 7 Doug Galletti September 30,2026 Board of Adjustment/Building&Standards Commission/ Sign Board Expiration Date Alt. Place No. 1 Steve Minick September 30,2025 Alt. Place No. 3 Kenneth Lindsay September 30,2025 Alt.Place No.4 Thomas K. Thomas September 30,2024 Public Art Committee Expiration Date Place No. 3 Kirk Wilson September 30,2025 Community Development Corporation Expiration Date Place No. 6 Thomas Johnson September 30,2024 Parks and Recreation Board Expiration Date Place No. 4 Jill Kelley September 30,2024 No action was taken on Item 8.2. 9. Adjournment Mayor Fulk adjourned the Regular Meeting of the Allen City Council at 9:00 p.m. on Tuesday, February 28, 2023. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 28,2023 PAGE 7 These minutes were approved on the 14`h day of March 2023. APPRO D: K n eth M.Fulk,MAYOR ATTEST: She ey B.Geor TRMC, CITY S RETARY