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Home My WebLink AboutMin - City Council - 2023 - 07/11 - Regular ALLEN CITY COUNCIL REGULAR MEETING JULY 11,2023 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 Rocio Gonzalez,Deputy City Secretary(absent) Teresa Warren,Director,Public and Media Relations 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,July 11,2023,in the Basement Meeting Rooms of Allen City Hall, 305 Century Parkway,Allen,Texas. Mayor Brooks recognized Chair John Gains of the Community Engagement Advisory Board. 2. Discussion Items 2.1 Engage Allen 2023 General Obligation(GO)Bond. 2.2 Committee Updates from City Council Liaisons. 2.3 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 6:55 p.m. on Tuesday,July 11,2023,in the Basement Meeting Rooms of Allen City Hall,305 Century Parkway,Allen, Texas. ALLEN CITY COUNCIL REGULAR MEETING JULY 11,2023 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 7:02 p.m.on Tuesday,July 11,2023,in the City Council Chambers of Allen City Hall,305 Century Parkway,Allen,Texas. 2. Pledge of Allegiance Mayor Brooks asked everyone to join the Allen City Council in a moment of silence. 4. Citizens' Comments Scott Cote, 510 Rockcrossing Lane,Allen,Texas, addressed the Allen City Council. 5. Consent Agenda Mayor Brooks removed Agenda Item 5.8 from the Consent Agenda. MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Corneae,the Council voted seven(7)for and none(0)opposed to approve all remaining items on the Consent Agenda as follows: 5.1 Approve Minutes of the June 27, 2023, Special Called Joint Workshop with the General Obligation Steering Committee. 5.2 Approve Minutes of the June 27,2023,Regular City Council Meeting. 5.3 Adopt an Ordinance amending the Code of Ordinances by amending Chapter 6, "Health and Environment," Article IV "Property Maintenance." ORDINANCE NO.4005-7-23: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,COLLIN COUNTY,TEXAS,AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6, "HEALTH AND ENVIRONMENT," BY AMENDING ARTICLE IV, "PROPERTY MAINTENANCE,"BY AMENDING SECTION 6-81 "TITLE, PURPOSE, SCOPE"; BY AMENDING SECTION 6-82"DEFINITIONS";BY AMENDING SECTION 6-85 "EXTERIOR GROUNDS"; BY AMENDING SECTION 6-86 "EXTERIOR OF STRUCTURE"; AND BY ADDING A NEW SECTION 6-87 TITLED "RENTAL PROPERTY STANDARDS"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00)FOR EACH OFFENSE;AND PROVIDING FOR AN EFFECTIVE DATE. 5.4 Adopt a Resolution amending the City of Allen Fee Schedule for Multi-family Licensing Late Fees and Reinspection Fees. RESOLUTION NO.'4006-7-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING ADDITIONAL FEES ALLEN CITY COUNCIL REGULAR MEETING JULY 11,2023 PAGE 3 FOR MULTI-FAMILY DWELLING COMPLEXES; PROVIDING A REPEALING CLAUSE;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. 5.5 Adopt a Resolution authorizing the City Manager to execute an Interlocal Agreement - with Collin County,to receive$2,990,000 for the construction of Ridgeview Drive between Chelsea Boulevard and US 75. RESOLUTION NO. 4007-7-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN AND COLLIN COUNTY, TEXAS, CONCERNING THE CONSTRUCTION OF RIDGEVIEW DRIVE FROM CHELSEA BOULEVARD TO US 75,2018 BOND PROJECT RI18029; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. 5.6 Authorize the City Manager to execute an agreement with Freese and Nichols, Inc., for design of the Maxwell Creek Lift Station Rehabilitation Project for$214,343. 5.7 Authorize an increase in annual expenditure for plumbing services with Amundson Plumbing from$100,000 to$280,000 for FY2023 and to$250,000 for FY2024. 5.9 Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc.,for the design of the Wafters Trail South Extension for$169,980. The motion carried. Mayor Brooks moved to Agenda Item 5.8. 5.8 Award bid and authorize the City Manager to execute a contract with Cole Construction, Inc., for construction of the Bark Yard for $1,673,283 and establish a project budget of $2,100;000. MOTION: Upon a motion made by Councilmember Corneae and a second by Councilmember Shafer,the Council voted two (2) for and five (5) opposed with Mayor Brooks, Mayor Pro Tern Schulmeister, and Councilmembers Meis, Baril, and Trahan casting the negative votes, to award the bid and authorize the City Manager to execute a_contract with Cole Construction, -Inc., for construction of the Bark Yard for .$1,673,283 and establish a project budget of $2,100,000,with the removal of the restroom construction funding. The motion failed. MOTION: Upon a motion made by Councilmember Meis and a second by Councilmember Trahan, the Council voted seven (7) for'and none (0) opposed to award the bid and authorize the City Manager to execute a contract with Cole Construction, Inc., for construction of the Bark Yard for$1,673,283 and establish a project budget of$2,100,000. The motion failed. ALLEN CITY COUNCIL REGULAR MEETING JULY 11,2023 PAGE 4 6. Regular Agenda 6.1 Conduct a Public Hearing and adopt an Ordinance for a Specific Use Permit authorizing an"Automotive Repair,Major"use on aproperty generally located southwest of Central Expressway South and Motorsport Court. [Allen Collision Repair] Mayor Brooks opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. Jason Brisendine, 1422 Tulane Court,Allen, Texas, spoke in favor of this item. The following individuals did not speak but wished to record their support for this item: Jeff McFadden, 1091 Elm Creek Drive,Fairview,Texas; Stephanie McFadden, 1091 Elm Creek Drive,Fairview,Texas. With no one else speaking,Mayor Brooks closed the Public Hearing. ORDINANCE NO.4008-7-23: 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 LOT 2, BLOCK A, HONDA OF ALLEN, LOCATED WITHIN TRACT 7 OF PLANNED DEVELOPMENT "PD" NO. 55 FOR COMMERCIAL/OFFICE "C/O" BY GRANTING SPECIFIC USE PERMIT NO. 189 FOR AN AUTOMOTIVE REPAIR, MAJOR USE; 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 Mayor Pro Tem Schulmeister and a second by Councilmember Baril, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 4008-7-23, as previously captioned, establishing Specific Use Permit No. 189. The motion carried. 6.2 Conduct a Public Hearing and adopt an Ordinance to amend the development regulations of Planned Development No. 58 with a base zoning of Shopping Center for a property generally located northwest of Exchange Parkway and Greenville Avenue. [HEB - Signage] Mayor Brooks opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. Janice Jackson, 1501 Appalachian Drive,Allen,Texas, spoke in opposition to this item. • Tommy Reynolds,2703 W.Mockingbird Lane,Dallas,Texas, spoke in support of this item. With no one else speaking,Mayor Brooks closed the Public Hearing. ORDINANCE NO.4009-7-23: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND ALLEN CITY COUNCIL REGULAR MEETING JULY 11,2023 PAGE 5 DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE REGULATIONS OF TRACT 5 OF PLANNED DEVELOPMENT "PD" NO. 58 FOR SHOPPING CENTER"SC"AS SET FORTH IN SECTION 1 OF ORDINANCE NO. 3199-1-14 BY ADDING SIGN REGULATIONS, A SIGN LOCATION MAP, AND SIGN ELEVATIONS RELATING TO THE DEVELOPMENT AND USE OF THE 12.6 ACRE PARCEL AS DEFINED IN SAID ORDINANCE;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 Trahan and a second by Councilmember Meis, the Council voted six (6) for and one (1) opposed with Councilmember Baril casting the negative vote, to adopt Ordinance No. 4009-7-23, as previously captioned, to amend Planned Development No. 58 with the proposed amendment by the applicant to reduce the height of the sign to 10 feet and the square footage of the sign to 89 square feet which would remove one of the added panels. The motion carried. 6.3 Conduct a Public Hearing and adopt an ordinance to amend the development regulations of Planned Development No. 3 with a base zoning of Light Industrial for a property generally located northwest of Prestige Circle and Greenville Avenue. [Anora Offices] 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 NO.4010-7-23: 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 OF AREA 1 OF PLANNED DEVELOPMENT PD NO. 3 WITH A BASE ZONING OF LIGHT INDUSTRIAL "LI" RELATING TO THE DEVELOPMENT AND USE OF TRACT F-2R,ALLEN BUSINESS CENTRE BY ADDING ELECTRONIC ASSEMBLY AS A PERMITTED USE; 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. 4010-7-23, as previously captioned,to amend Planned Development No. 3. The motion carried. 6.4 Adopt a Resolution amending the City of Allen Fee Schedule for Building Permit Fees and Land Development Permit Fees. RESOLUTION NO. 4011-7-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING VARIOUS FEES SET FORTH IN THE CITY OF ALLEN FEE SCHEDULE INCLUDING CONTRACTOR ALLEN CITY COUNCIL REGULAR MEETING JULY 11,2023 PAGE 6 REGISTRATION FEES AUTHORIZED BY CHAPTER 4 OF THE CODE OF ORDINANCES AND SECTION 3.12 OF THE ALLEN LAND DEVELOPMENT CODE; SPECIAL EVENT PERMIT FEES AUTHORIZED BY CHAPTER 8 OF THE CODE OF ORDINANCES;AND BUILDING PERMIT,INSPECTION,AND VARIOUS OTHER FEES AUTHORIZED BY THE ALLEN LAND DEVELOPMENT CODE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Baril and a second by Councilmember Shafer, the Council voted seven (7) for and none (0) opposed to adopt Resolution 4011-7-23(R), as previously captioned,to amend Building Permit Fees and Land Development Fees. The motion carried. 7. Other Business 7.1 Calendar. 7.2 Items of Interest. • Mayor Pro Tern Schulmeister recognized Administrative Support Services Specialist Linda Altier in her new role as the CVB Sales and Services Support Specialist. • Mayor Brooks announced that the Dallas Card Show is in the Terrell Hall at the Marriot Dallas Allen Hotel from Thursday to Sunday. • Councilmember Cornette recognized the Allen Fairview Chamber's weekly cash mob featuring shops at the Allen Premium Outlet Mall on Fridays. 8. Executive Session The Executive Session was not held. 9. Adjournment Mayor Brooks adjourned the Regular Meeting of the Allen City Council at 8:34 p.m. on Tuesday, July 11,2023. These minutes were approved on the 25th day of July 2023. - APPROVED: T __ B oo , YOR ATTEST:`': • Shelley B.George, C, ITY SE + ARY