Min - City Council - 2017 - 06/27 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JUNE 27, 2017
Present:
Stephen Terrell, Mayor
Councilmembers:
Gary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Ross Obenneyer
Carl Clemencich
Joey Herald
Robin L. Sedlacek
Baine Brooks
City Statf:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Eric Ellwanger, Assistant City Manager
Shelley B. George, City Secretary
Teresa Warren, Director, Public and Media Relations Office
Rebecca Vice, Assistant to the City Manager
Pete Smith, City Attorney
Workshop Session
The Workshop Session was not held in lieu of the City Council Annual Reception.
Call to Order and Announce a Ouorum is Present
With a quorum of the Councilmembers present, the Regular Meetmg of the Allen City Council was called to
order by Mayor Terrell at 7:10 p.m. on Tuesday, June 27, 2017, in the Council Chambers of the Allen City Hall,
305 Century Parkway, Allen, Texas.
Pledge of Allegiance
Public Recognition
Mayor Terrell moved to Agenda Item 2.
2. Recognition of Outgoing City Council Member Ross Obermeyer.
' Mayor Terrell presented Councilmember Obermeyer with a plaque recognizing lam for 15 years of
service to the citizens of Allen on the Allen City Council as Councilmember, Place No. 2. Mayor
Terrell also presented him with his nameplate as he stepped down from the Council dais.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 27, 2017 PAGE 2
' 3. Administration of the Oath -of -Oce and Presentation of the Certificate -of -Election.
City Secretary George administered the Oath -of -Office to newly elected Councilmember Carl
Clemencich, Place No. 2, Mayor Terrell presented the Certificate -of -Election and offered his
congratulations. Councils mber Clemencich took his place at the Council dais.
4. Presentation of the Park and Recreation Board's Annual Report by Chairperson Tricia Losavio.
1. Citizen's Comments.
Consent Aeenda
MOTION: Upon a motion made by Councilmember Herold and a second by Councilmember Brooks, the
Council voted seven (7) for and none (0) opposed to adopt all items on the Consent Agenda as
follows:
5. Approve Minutes of the June 13, 2017, Regular City Council Meeting.
6. Approve Minutes of the June 20, 2017, Special Meeting for the Canvass of the Runoff Election.
7. Adopt an Ordinance Amending the Allen Land Development Code by Amending in its Entirety
Article 111, "Building Regulations" by Adopting the 2015 Edition of the International Building
' Code, International Existing Building Code, International Fire Code, International Residential
Code, International Mechanical Code, International Plumbing Code, International Fuel Gas
Code; and International Energy Conservation Code, with Local Amendments, and the 2014
Edition of the National Electrical Code with Local Amendments; and Amending Section 2.06
"Chief Building Official's Responsibilities."
ORDINANCE NO. 3482-6-17: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
BY AMENDING IN ITS ENTIRETY ARTICLE III, `BUILDING REGULATIONS" BY ADOPTING
THE INTERNATIONAL BUILDING CODE, 2015 EDITION, WITH AMENDMENTS;
INTERNATIONAL EXISTING BUILDING CODE, 2015 EDITION, WITH AMENDMENTS;
INTERNATIONAL FIRE CODE, 2015 EDITION, WITH AMENDMENTS; INTERNATIONAL
RESIDENTIAL CODE, 2015 EDITION, WITH AMENDMENTS; INTERNATIONAL
MECHANICAL CODE, 2015 EDITION, WITH AMENDMENTS; INTERNATIONAL PLUMBING
CODE, 2015 EDITION, WITH AMENDMENTS; INTERNATIONAL FUEL GAS CODE, 2015
EDITION, WITH AMENDMENTS; NATIONAL ELECTRICAL CODE, 2014 EDITION, WITH
AMENDMENTS; INTERNATIONAL ENERGY CONSERVATION CODE, 2015 EDITION, WITH
AMENDMENTS; AND AMENDING SECTION 2.06 "CHIEF BUILDING OFFICIAL'S
RESPONSIBILITIES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE.
8. Adopt an Ordinance Amending the Code of Ordinances by Amending Chapter 5 "Fire
' Prevention and Protection" by Adding Article H "Unlawful Burning of Waste."
ORDINANCE NO. 3483-6-17: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 5 "FIRE PREVENTION AND PROTECTION' BY ADDING ARTICLE II
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 27, 2017
PAGE
' "UNLAWFUL BURNING OF WASTE" REGARDING THE UNLAWFUL BURNING OF SOLID
WASTE AND OTHER MATTER; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE.
9. Adopt an Ordinance Amending the Allen Land Development Code, by Amending Article V
"Special Zones" Relating to Floodplain.
ORDINANCE NO. 3484-6-17: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE,
BY AMENDING IN ITS ENTIRETY ARTICLE V "SPECIAL ZONES"; 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 ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
10. Adopt an Ordinance Amending the Code of Ordinances by Amending Chapter 13 "Streets and
Sidewalks" by Adding Article IV "Moving Buildings" Regulating the Moving of Buildings and
Structures on City Streets and Roadways.
ORDINANCE NO. 3485-6-17: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
' AMENDING CHAPTER 13 "STREETS AND SIDEWALKS" BY ADDING ARTICLE IV
"MOVING BUILDINGS" REGULATING THE MOVING OF BUILDINGS AND OTHER
STRUCTURES ON CITY STREETS, ALLEYS AND OTHER ROADWAYS; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PENALTY
OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR
AN EFFECTIVE DATE.
11. Adopt an Ordinance Changing the Name of "Venture Drive" to "Guardian Way."
ORDINANCE NO. 3486-6-17: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, CHANGING THE NAME OF "VENTURE DRIVE"
BETWEEN WAITERS ROAD AND U.S. 75 TO "GUARDIAN WAY" AS SHOWN ON EXHIBIT
"A"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
12. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or
Terminate the Bulletproof Vest Partnership Grant Administered by the United States
Department of Justice.
RESOLUTION NO. 3487-6-17(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR
ACCEPT, REJECT, ALTER, OR TERMINATE A GRANT FROM THE UNITED STATES
DEPARTMENT OF JUSTICE FOR BULLETPROOF VESTS, IF AWARDED; AND PROVIDING
' AN EFFECTIVE DATE.
13. Authorize the City Manager to Negotiate and Execute Contracts with United Healthcare to Serve
as a Third -Party Administrator and Alliance Work Partners to Provide Employee Assistance
Program Services.
ALLEN CITY COUNCIL
REGULAR MEETING
]UNE 27, 2017 PAGE 4
' 14. Award Bid and Authorize the City Manager to Execute a Contract with SAZ Global, Inc., d/b/a
SAZ Infrastructure for the 2017 Street and Alley Rehabilitation Project at Various Locations in
the Amount of $1,004,319.
15. Authorize the City Manager to Purchase Replacement Self -Contained Breathing Apparatus
(SCBA) and Associated Equipment from Municipal Emergency Services, Inc., Motorola, Fire
Innovations, LLC, Honeywell, Gear Cleaning Solutions, LLC, and Resolve Specialty Products,
LLC, for a Total Amount of $675,322.
16. Authorize the City Manager to Execute a Contract with Enforcement Video, LLC, d/b/a
WatchGuard Video for the Purchase of Body -Worn Cameras, In -Car Video Camera Systems
and the Associated Hardware, Software and Licensing in the Amount of $362,798.
17. Authorize the City Manager to Purchase Updated Hardware, Software, and System
Enhancements for the NICE Digital Voice Recording System from Motorola through the
Houston -Galveston Area Cooperative Purchasing Program in the Amount of $205,813.
l8. Authorize the City Manager to Execute a Contract with May and Watkins Design, LLC, for the
Fabrication and Installation of Integrated Artwork and Interpretative Signage at Spirit Park in
the Amount of $122,743.
19. Receive the Summary of Property Tax Collections as of May 2017.
' The motion carred.
Regular Agenda
20. Conduct a Public Hearing and Approve an Ordinance Regarding Proposed Amendments to the
Allen Land Development Code Regarding Public Hearing Notice Signs; Principal Uses for
Medical Clinics, Fat Rendering and Animal Reduction, Hatchery, Poultry and Egg Farm,
Livestock Auction, and Stockyard or Slaughterhouses, Accessory Uses for Medical Clinic or
Medical or Dental Office; Uses for Central Business District; Floodplain Hazard Regulations;
Adding Development Regulations for Fueling Stations and Urban Residential Dwelling
Developments; Security and Burglar Bars; Outdoor Lighting, Landscaping Regulations, Street
Design Standards for Cul -De -Sacs; Adding a Definition for "Urban Residential Dwelling";
Amending Appendix B "Filing Fees & Charges" adding a Median Improvement Fee, and
Amending Design Standards Set Forth in Appendix F, G, and H.
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. 3488-6-17: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE,
' AS AMENDED, BY AMENDING SECTION 4.06 "CHANGES AND AMENDMENTS"
REGARDING THE PLACEMENT OF PUBLIC HEARING NOTICE SIGNS; SECTION 4.20.2
"SCHEDULE OF PRINCIPAL USES" REGARDING USES CONSTITUTING MEDICAL CLINICS,
FAT RENDERING AND ANIMAL REDUCTION, HATCHER, POULTRY AND EGG FARM,
LIVESTOCK AUCTION, AND STOCKYARD OR SLAUGHTERHOUSE; SECTION 4.20.3
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 27, 2017 PAGE 5
' "SCHEDULE OF ACCESSORY USES" REGARDING USES CONSTITUTING MEDICAL CLINIC
OR MEDICAL OR DENTAL OFFICE; SECTION 4.20.4 "SCHEDULE OF PRINCIPAL USES
CENTRAL BUSINESS DISTRICT" REGARDING USES CONSTITUTING MEDICAL CLINIC,
CONDOMINIUM DWELLING, MULTI -FAMILY DWELLING, AND URBAN RESIDENTIAL
DWELLING; SECTION 6.06 "SUPPLEMENTAL USE REGULATIONS" BY ADDING
ADDITIONAL DEVELOPMENT REGULATIONS TO SECTION 6.06.2 "FUELING STATIONS"
AND ADDING A NEW SECTION 6.06.13 REGARDING URBAN RESIDENTIAL DWELLING
DEVELOPMENTS; SECTION 7.03.2 "EXTERIOR FACADE MATERIALS" RELATING TO
SECURITY AND BURGLAR BARS; SECTION 7.03.4 "OUTDOOR LIGHTING" RELATING TO
THE REGULATION OF OUTDOOR LIGHTING; SECTION 7.05 LANDSCAPING
REQUIREMENTS RELATING TO THE REGULATION OF LANDSCAPING IN ASSOCIATION
WITH DEVELOPMENT; SECTION 8.05.1 `STREET DESIGN STANDARDS" RELATING TO
DESIGN STANDARDS FOR CUL-DE-SACS; APPENDIX A "DEFINITIONS" ADDING A
DEFINITION FOR "URBAN RESIDENTIAL DWELLING"; AMENDING THE MEDIAN
IMPROVEMENT FEE SET FORTH IN APPENDIX B "FILING FEES & CHARGES"; AND
AMENDING VARIOUS DESIGN STANDARDS SET FORTH IN APPENDIX F "STANDARD
CONSTRUCTION STANDARDS: PAVING," APPENDIX G "STANDARD CONSTRUCTION
STANDARDS: STORM DRAINAGE AND TXDOT DETAILS," AND APPENDIX H "STANDARD
CONSTRUCTION STANDARDS: WATER LINES AND SANITARY SEWER"; 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 Councilmember Herald and a second by Councilmember Brooks, the
Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 3488-6-17, as
previously captioned, amending the Allen Land Development Code. The motion carried.
21. Adopt a Resolution Establishing Fire Construction Permit Fees.
RESOLUTION NO. 3489-6-17(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FIRE CONSTRUCTION PERMIT FEES
AS AUTHORIZED BY THE CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Brooks,
the Council voted seven (7) for and none (0) opposed, to approve Resolution No. 3489-6-17(R),
as previously captioned, establishing fire construction permit fees. The motion carred.
22. Conduct a Public Hearing and Adopt an Ordinance to Establish Planned Development No. 130
for Single -Family Residential "R-5" and "R-6" and Adopt a Concept Plan, Building Elevations,
Screening Plan, and Development Regulations Relating to Approximately 79.0953 Acres
Generally Located West of Chelsea Boulevard and South of the Ridgeview Drive Right -of -Way.
[Ridgeview Crossing - Single Family Residential
. 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
ALLEN CITY COUNCIL
REGULAR MEETING
]UNE 27, 2017
PAGE
ORDINANCE NO. 3490-6-17: 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 GRANTING
A CHANGE IN ZONING FROM AGRICULTURE OPEN SPACE "AO" TO PLANNED
DEVELOPMENT "PD" NO. 130 FOR SINGLE FAMILY RESIDENTIAL "R-5" AND "R-6" ON
79.0953 ACRES OUT OF THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280 AND THE G.
PHILLIPS SURVEY, ABSTRACT NO. 701, BEING FURTHER DESCRIBED IN EXHIBIT "A,"
ATTACHED HERETO; ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN,
BUILDING ELEVATIONS, AND A SCREENING PLAN; 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 Mayor Pro Tem Caplinger and a second by Councilmember Herald,
the Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 3490-6-17, as
previously captioned, to establish Planned Development No. 130 for Single -Family Residential
"R-5" and "R-6" and adopt a concept plan, building elevations, screening plan, and
development regulations to approximately 79.0953 acres generally located west of Chelsea
Boulevard and south of the Ridgeview Drive right-of-way, for Ridgeview Crossing. The
motion carried.
' 23. Conduct a Public Hearing and Adopt an Ordinance Amending the Development Regulations for
Planned Development No. 54 and Adopt a Concept Plan and Building Elevations Relating to the
Use and Development of Lot 8R, Block D, Bray Central One Addition; Generally Located at the
Northwest Corner of US Highway 75 and McDermott Drive. )RaceTrac - Fueling Station
On June 6, 2017, the Planning and Zoning Commission recommended denial of the request. On
Wednesday, June 7, 2017, the applicant timely filed an appeal of the Commission's recommendation
of denial and requested the case be forwarded to the City Council for consideration. In accordance
with Allen Land Development Code, Section 4.06.1 O.b., a favorable vote of three-fourths of the entire
membership of the City Council is required to approve any zoning change request which is
recommended for denial by the Planning and Zoning Commission.
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 else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3491-6-17: 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 DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT PLAN, AND BUILDING
ELEVATIONS RELATING TO THE USE AND DEVELOPMENT OF LOT 8R, BLOCK D, BRAY
CENTRAL ONE ADDITION, WHICH PROPERTY IS LOCATED IN AND SUBJECT TO THE
REGULATIONS OF PLANNED DEVELOPMENT "PD" NO.54 FOR CORRIDOR COMMERCIAL
"CC"; 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.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 27, 2017
PAGE
' MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councils mber Herald,
the Council voted six (6) for and one (1) opposed with Councilmember Brooks casting the
opposing vote, to adopt Ordinance No. 3491-6-17, as previously captioned, amending the
development regulations for Planned Development No. 54 and adopting a concept plan and
building elevations for RaceTrac McDermott. The motion carred.
Other Business
24. Calendar.
• July 4 —City facilities closed for the Independence Day Holiday.
25. Items of Interest.
• Council congratulated city staff on a great Allen USA Celebration.
• Council wished happy birthday to Councilmember Herald's daughter, Emma, and to Assistant City
Manager Ellwanger.
• Council recognized Boy Scouts in attendance from Troop 25 as requirement for the
Communications Merit Badge.
Executive Session
' 26. Reconvene and Consider Action on Items Discussed During 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 seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen
City Council at 9:26 p.m. on Tuesday, lune 27, 2017. The motion carried.
These minutes approved on the I to day of July 2017.
APPROVED:
tep a mn ll, MA OR
ATTEST -
Shelley B. George, C, CITY MCRETARY