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Min - City Council - 2022 - 05/10 - Regular ALLEN CITY COUNCIL REGULAR MEETING MAY 10,2022 Present: Kenneth M. Fulk,Mayor Councilmembers: Baine Brooks,Mayor Pro Tern Daren Meis Carl Clemencich Dave Cornette • Chris Schulmeister(left at 9:05 p.m.) Dave Shafer City Staff: Eric Ellwanger, City Manager Eric Strong,Deputy City Manager Tim Dentler,Assistant City Manager Rebecca Vice,Assistant City Manager 111 Shelley B. George, City Secretary 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 Session of the Allen City Council was called to order by Mayor Fulk at 6:00 p.m.on Tuesday,May 10,2022,in the Basement Meeting Rooms of Allen City Hall,305 Century Parkway,Allen,Texas. 2. Items of Interest 2.1 Introduction of Convention and Visitor's Bureau Chair Karen Musa. 2.2 Update Regarding the Downtown Steering Committee's Progress. Mayor Fulk recessed the Workshop Session at 6:55 p.m. and announced the Council would reconvene into the Workshop Session after the Regular Meeting. Mayor Fulk reconvened the Workshop at 9:05 p.m. in the Council Conference Room of Allen City Hall. Councilmember Schulmeister was absent. 2.3 Presentation Regarding the Annual CWD Rate Adjustments based on the Consumer Price Index. ALLEN CITY COUNCIL REGULAR MEETING MAY 10,2022 PAGE 2 2.4 Committee Updates from City Council Liaisons. 2.5 Questions on Current Agenda. 3. Adjourn to Regular Meeting With no further discussion,Mayor Fulk adjourned the Workshop Session of the Allen City Council at 9:43 p.m.on Tuesday,May 10,2022,in the Council Conference Room of Allen City Hall,305 Century Parkway,Allen,Texas. 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,May 10, 2022, in the City Council Chambers of Allen City Hall, 305 Century Parkway,Allen,Texas. 2. Pledge of Allegiance 3. Public Recognition 3.1 Citizen's Comments. Rachel Westor,3617 Stagecoach Trail,Plano,Texas,spoke in opposition to Agenda Item 4.2. Brandon Kimball, 1845 Chelsea Blvd., Allen, Texas, spoke regarding the need for superchargers for electric vehicles on the east side of Allen. Nathan Polsky, 1108 Timberline Lane, Allen, Texas, spoke in opposition to the Agenda Item 4.2 and requested Council table the item to allow for a public hearing. 3.2 Presentation of Proclamations by the Office of the Mayor. • Presentation of a Proclamation to the City of Allen Community Services Department Proclaiming May 15-22,2022,_as "Public Works Week." • Presentation of a Proclamation to the City of Allen Convention and Visitor's Bureau Recognizing May 2022 as "Travel and Tourism in Allen." 3.3 Presentation of the Allen Convention and Visitor's Bureau Annual Report by Chair Karen Musa. 3.4 Presentation of the Community Waste Disposal's Annual Report by CWD Municipal Coordinator Robert Medigovich. 4. Consent Agenda MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember Shafer the Council voted seven (7) for and none (0) opposed to adopting the Consent Agenda as follows: ALLEN CITY COUNCIL REGULAR MEETING MAY 10,2022 PAGE 3 4.1 Approve Minutes of the April 26,2022,Regular City Council Meeting. 4.2 Adopt an Ordinance Amending the Code of Ordinances by Amending Chapter 4 "Buildings and Building Regulations by Adding "Article HI Short-Term Rentals" Establishing Regulations for Short-Term Rental of Residential Property. ORDINANCE NO.3908-5-22: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,COLLIN COUNTY,TEXAS,AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 2-6 "HOTEL OCCUPANCY TAX" AMENDING SECTION 2- 6(B)(1) BY AMENDING DEFINITION OF "HOTEL"; AMENDING CHAPTER 4 "BUILDINGS AND BUILDING REGULATIONS" BY ADDING "ARTICLE III SHORT- TERM RENTALS"ESTABLISHING REGULATIONS FOR THE SHORT-TERM RENTAL OF RESIDENTIAL PROPERTY; DEFINING TERMS; PROVIDING A REPEALING CLAUSE,PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE. 4.3 Adopt a Resolution Authorizing the City Manager to Execute a Reimbursement Agreement with the State of Texas Acting by and through the Texas Department of Transportation for the Purchase of Traffic Signal Equipment along FM2551. RESOLUTION NO. 3909-5-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY, BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER;AND PROVIDING AN EFFECTIVE DATE. 4.4 Award Bid and Authorize the City Manager to Execute a Contract with Reynolds Asphalt and Construction Company for the Buckingham Land and Highpoint Drive Asphalt Rehabilitation Project in the Amount of$386,565. 4.5 Authorize the City Manager to Execute a Contract with Improbable, LLC, for Fire Training Simulation Software in the Amount of$464,149. 4.6 Authorize the City Manager to Execute a Purchase and Installation of Cardio Fitness Equipment from Team Marathon Fitness for City of Allen Recreation Facilities in the Amount of$259,116 4.7 Award Bid and Authorize the City Manager to Execute a Contract with Arch Staffing Group, Inc., and Qwick,Inc., for Temporary Personnel for Food and Beverage Service at Credit Union of Texas Event Center and The Courses at Wafters Creek for an Annual Amount of$418,653 with the Option of Two(2)One-Year Renewals. 4.8 Authorize the City Manager to Execute a Contract with Superior Cabling Services for the Stephen G.Terrel Recreation Center in the Amount of$357,849. 4.9 Authorize the City Manager to Execute a Purchase of Video Surveillance and Access Control Equipment from Allied Universal Technology Services for the Stephen G.Terrell Recreation Center in the Amount of$440,218. ALLEN CITY COUNCIL REGULAR MEETING MAY 10,2022 PAGE 4 4.10 Authorize the City Manager to Execute a Contract with PlayTime,LLC,PlayTime Texas for the Design, Fabrication and Installation of the Indoor Playground in the Stephen G. Terrell Recreation Center Construction Project. 4.11 Ratify, Confirm and Approve Change Orders to the Construction Contract with Adolfson&Peterson for the Stephen G.Terrell Recreation Center Construction Project. 4.12 Receive the Quarterly Financial Report for Period Ending March 31,2022. 4.13 Receive the Quarterly Investment Report for Period Ending March 31,2022. The motion carried. 5. Regular Agenda 5.1 Award Bid and Authorize the City Manager to Execute a Contract with Byrne Construction Services for the Construction of Fire Station No. 6 in the Amount of $11,247,190 and Not to Exceed a Total Project Budget of$14,974,976. MOTION: Upon a motion made by Councilmember Schulmeister and a second by Councilmember Shafer, the Council voted seven(7) for and none(0) opposed to award the bid and authorize the City Manager to execute a contract with Byrne Construction Services for the construction of Fire Station No. 6 in the amount of $11,247,190 and not to exceed a total project budget of $14,974,976. The motion carried. 5.2 Authorize the City Manager to Execute a Contract with Cole Construction,Inc.,for the Renovation of Rolling Hills Park in the Amount of$1,766,267. Although this was not a public hearing item,Mayor Fulk asked anyone wishing to speak to do so at this time. Bob Acker,216 Glenwick Place,Allen,Texas,spoke in support of this item and the closing of a portion of Glenwick Place in Rolling Hills Estates for Rolling Hills Park. MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Clemencich, the Council voted seven(7)for and none(0)opposed to authorize the City Manager to execute a contract with Cole Construction, Inc., for the renovation of Rolling Hills Park in the amount of$1,766,267. The motion carried. 5.3 Adopt an Ordinance Abandoning a Portion of Glenwick Place Located Within Rolling Hills Estates. ORDINANCE NO.3910-5-22: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING A PORTION OF GLENWICK PLACE LOCATED WITHIN ROLLING HILLS ESTATES ADDITION,AN ADDITION TO THE CITY OF ALLEN,TEXAS,AS DESCRIBED IN EXHIBIT"A"HERETO;RESERVING ALL EXISTING EASEMENT RIGHTS OF OTHERS,IF ANY,WHETHER APPARENT OR NON-APPARENT,AERIAL,SURFACE,UNDERGROUND OR OTHERWISE;PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR • ALLEN CITY COUNCIL REGULAR MEETING MAY 10,2022 PAGE 5 RECORDING IN THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY,TEXAS, AS A QUITCLAIM DEED;AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Cornette and a second by Councilmember Shafer,the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 3910-5-22, as previously captioned, abandoning a portion of Glenwick Place located within Rolling Hills Estates.The motion carried. 5.4 Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of Planned Development No.100 Office and to Adopt a Base Zoning,Concept Plan,Open Space Plan,and Building Elevations for Approximately 0.900±Acres Located at 1100 W.McDermott. 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.3911-5-22: 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 0.900±ACRES IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, LOCATED IN PLANNED DEVELOPMENT "PD"NO. 100 OFFICE "0"BY CHANGING THE BASE ZONING TO SHOPPING CENTER"SC"AND ADOPTING A ZONING EXHIBIT, CONCEPT PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS; 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 Meis and a second by Councilmember Cornette,the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 3911-5-22, as previously captioned, to amend the Development Regulations of Planned Development No. 100, with a base zoning of Shopping Center, located at 1100 W. McDermott. The motion carried. 5.5 Conduct a Public Hearing and Adopt an Ordinance to Amend the Allen Land Development Code Amending in its Entirety Section 4.10, "Residential Accessory Use Regulations,"by Adopting Standards Relating to Accessory Uses and Structures Within Residential Districts. 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. 3912-5-22:. AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,TEXAS,AMENDING ARTICLE IV"ZONING REGULATIONS"OF THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING IN ITS ENTIRETY SECTION 4.10 "RESIDENTIAL ACCESSORY USE REGULATIONS" REGARDING THE ALLEN CITY COUNCIL _ REGULAR MEETING MAY 10,2022 PAGE 6 REGULATION OF ACCESSORY STRUCTURES IN RESIDENTIAL ZONING DISTRICTS; 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 Clemencich and a second by Councilmember Meis, the Council voted seven(7)for and none(0)opposed to approve Ordinance No. 3912-5-22,as previously captioned, to amend in its entirety Section 4.10 of the Allen Land Development Code adopting standards relating to accessory uses and structures within residential districts. The motion carried. 6. Other Business 6.1 Calendar • May 16—Canvass of the Election, 5:30 p.m. 6.2 Items of Interest • Mayor Pro Tern Brooks announced the Dallas Card Show will return to the Marriott at Waiters Creek on May 19-22. • Councilmember Schulmeister expressed appreciation to Tritech for inviting Council to attend the National Day of Prayer event at their office. • Mayor Pro Tem Brooks encouraged residents to sign up for the Stop the Bleed program offered through the Allen Fire Department this June. • Mayor Pro Tern Brooks recognized the Keep Allen Beautiful Board and the City's waste services staff for participating in two events during Earth Day recently. They provided recycling and litter prevention information to over 300 people at events at AISD Steam Center and Allen Premium Outlets. • Councilmember Cornette announced the All Community Outreach (ACO) is recruiting volunteers for this summer. • Mayor Pro Tern Brooks shared a reminder about the ACO's Kids Summer Food Program that helps provide children in need with bags of healthy and easy-to-make breakfast and lunch foods during the summer months. 7. Executive Session The Executive Session was not held. 7.1 Reconvene and Consider Action on Items Resulting from Executive Session. 8. Adjournment Mayor Fulk adjourned the Regular Meeting of the Allen City Council at 8:57 p.m.on Tuesday,May 10, 2022. ALLEN CITY COUNCIL REGULAR MEETING MAY 10,2022 PAGE 7 These minutes were approved on the 24`h day of May 2022. APPR D: • • Ke neth M.Fu1k,MAY R ATTEST: Shelley B.Geo , , CITY S RETARY