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Min - City Council - 2022 - 05/24 - Regular ALLEN CITY COUNCIL REGULAR MEETING MAY 24,2022 Present: • Kenneth M.Fulk,Mayor Councilmembers: Baine Brooks,Mayor Pro Tern Daren Meis Carl Clemencich Dave Cornette Chris Schulmeister 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 Teresa Warren,Director,Public and Media Relations Rocio Gonzalez,Deputy City Secretary Pete Smith,'City Attorney Workshop Session The Workshop Session was not held as the Allen City Council hosted a reception to honor outgoing Mayor Pro Tem Baine Brooks and to recognize newly elected Councilmember Ben Trahan and re-elected Councilmember Chris Schulmeister. 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 7:05 p.m. on Tuesday,May 24, 2022, in the City Council Chambers of Allen City Hall, 305 Century Parkway,Allen, Texas. 2. Pledge of Allegiance • 2.1 Posting of the Colors by the VFW Post 2195 Color Guard. ALLEN CITY COUNCIL REGULAR MEETING MAY 24,2022 PAGE 2 3. Oaths and Certificates for Elected Officials 3.1 Recognition of outgoing Mayor Pro Tem Baine Brooks. Mayor Fulk recognized Mayor Pro Tern Brooks for his dedicated service to the citizens of Allen and presented him with a framed collage of photos commemorating his 10 years of service. 3.2 Administration of the Oath-of-Office and presentation of the Certificate-of-Election to elected councilmembers for Place Nos.4 and 6. City Secretary George administered the Oaths-of-Office to re-elected Councilmember Chris Schulmeister and newly elected Councilmember Ben Trahan. Mayor Fulk presented Certificates-of-Election to both Councilmembers and offered his congratulations. Councilmembers Schulmeister and Trahan took their seats at the Council dais with each presenting comments to the audience. Mayor Fulk announced a recess at 7:23 p.m. Mayor Fulk reconvened the Allen City Council Meeting at 7:33 p.m. 4. Public Recognition 4.1 Presentation of Proclamations by the Office of the Mayor. • Present a Proclamation to the Municipal Court proclaiming May 24, 2022, as "Teen Court Day." • Present a Proclamation to VFW Post 2195 proclaiming May 30, 2022, as "Memorial Day." 4.2 Citizens' Comments. Mayor Fulk invited anyone wishing to speak to the Council on any topic,not on the agenda or not already scheduled for Public Hearing and reminded them that each speaker is allowed three minutes. Victoria Sublette, 1227 Palo Duro,Allen,Texas,encouraged the Council to include the public in revisioning what Allen should be to unite the community. Sunil Modi, 968 Shaddock Park Lane, Allen, Texas, invited the Mayor, City Council, City Managers,City Secretary,and all Allen residents to attend the BAPS Walk-Run 2022 in Dallas, Texas. This year's event supports Susan G. Komen® and their fight to address breast cancer from multiple fronts. Srini Raghavan, 1041 Hot Springs Drive, Allen, Texas, expressed his appreciation to the City staff for successfully conducting the City election. He also expressed his appreciation to the voters who cast votes for him, and he will continue to be a steward of taxpayers' dollars and be an advocate for public safety. ALLEN CITY COUNCIL REGULAR MEETING MAY 24,2022 PAGE 3 5. Consent Agenda MOTION: Upon a motion made by Councilmember Cornette and a second by Councilmember Clemencich, the Council voted seven (7) for and none (0) opposed to approve the Consent Agenda as follows: 5.1 Approve Minutes of the May 10,2022,Regular City Council Meeting. 5.2 Approve Minutes of the May 16, 2022, Special Called City Council Meeting to Canvass the Election Results. 5.3 Adopt a Resolution authorizing the City Manager to execute contract amendments associated with the Interlocal Agreement executed on February 24, 2021, with Collin County regarding funding and implementation of the Emergency Rental Assistance Program funded by Collin County and the U.S. Treasury through the conclusion of the program on September 30,2022. RESOLUTION NO. 3914-5-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENTS ASSOCIATED WITH THE 1NTERLOCAL COOPERATION AGREEMENT (ILA) APPROVED ON FEBRUARY 24, 2021, BY AND BETWEEN THE CITY OF ALLEN AND COLLIN COUNTY, TEXAS, FOR THE FUNDING AND IMPLEMENTATION OF AN COVID-19 EMERGENCY RENTAL ASSISTANCE PROGRAM UNTIL THE PROGRAM CLOSES ON SEPTEMBER 30,2022; AND PROVIDING AN EFFECTIVE DATE. 5.4 Award bid and authorize the City Manager to execute an agreement with HQS Construction,LLC,for the 2022 Streets and Alley Rehabilitation Project for$1,932,009. 5.5 Award bid and authorize the City Manager to execute an agreement with Flow-Line Construction,Inc.,for the Sloan Creek Waterline Project for$4,648,570. 5.6 Accept the resignation of Sharon Lakes and declare a vacancy in Place No. 2 on the Convention and Visitors Bureau Advisory Committee. The motion carried. 6. Regular Agenda 6.1 Adopt a Resolution establishing rates and fees for commercial and residential solid waste, recycling and household hazardous waste services. RESOLUTION NO. 3915-5-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,COLLIN COUNTY,TEXAS,ESTABLISHING FEES AND RATES FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION SERVICES; PROVIDING A REPEALING CLAUSE;PROVIDING A SEVERABILITY CLAUSE;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 Resolution No. 3915-5-22(R), as ALLEN CITY COUNCIL REGULAR MEETING MAY 24,2022 PAGE 4 previously captioned, to establish rates and fees for commercial and residential solid waste, recycling, and household hazardous waste services at the 7% CPI level. The motion carried. 6.2 Conduct a public hearing and adopt an Ordinance for a Specific Use Permit for Single- Family Attached use for property generally located at the northeast corner of Boyd Drive and Butler Drive. 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. Fahim Khan, 400 Chisholm Place, Suite 310, Plano, Texas, the architect representing the proponent,spoke in support of this item. Dr.Hag, 1350 E. Bethany Drive,Allen,Texas,the proponent, spoke in support of this item. Adelia Scaife,403 W. Coats Drive,Allen,Texas, spoke against this item. The following individuals did not speak,but wished to record their support for the item: Christie Woodard, 301 N. Greenville Ave.,Allen,Texas; and, Pamela Ackerman,738 Livingston Drive,Allen,Texas. With no one else speaking,Mayor Fulk closed the public hearing. ORDINANCE NO.3916-5-22: 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 GRANTING SPECIFIC USE PERMIT NO. 183 FOR TOWNHOME USE RELATING TO THE DEVELOPMENT AND USE OF 1.4348±ACRES IN THE JAMES L.READ SURVEY, ABSTRACT NO. 758, LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT "CBD"; 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 Councilmember Shafer and a second by Councilmember Clemencich, the Council voted six(6) for and one (1) opposed, with Councilmember Cornette casting the negative vote, to adopt Ordinance No. 3916-5-22, as previously captioned, to adopt Specific Use Permit No. 183 for a Townhome use subject to the SUP Site Plan, Landscape Plan, and Building Elevations. The motion carried. 6.3 Conduct a public hearing and adopt an Ordinance to establish a Planned Development Zoning District with a Base Zoning of Light Industrial, Corridor Commercial, and Townhome and to adopt Development Regulations, Zoning Exhibit, Concept Plan, and Building Elevations for approximately 84.3632 acres in the George Fitzhugh survey generally located at the northwest corner of Chelsea Boulevard and Ridgeview Drive. 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. The following individuals spoke neither for nor against the item but requested Council require directional signage for larger trucks to exit at-the service road for SH 121. ALLEN CITY COUNCIL REGULAR MEETING MAY 24,2022 PAGE 5 Brad Williams,2204 Thombury Lane,Allen,Texas; and, Kelsey Williams,2204 Thombury Lane,Allen, Texas. Josh Eadie, 836 Emporio Drive, Allen, Texas, President of Ridgeview Crossing HOA, spoke in support of the item. With no one else speaking,Mayor Fulk closed the public hearing. ORDINANCE NO.3917-5-22: 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 84.3632+/-ACRES OUT OF THE GEORGE FITZHUGH SURVEY,ABSTRACT NO. 321, AND FRANCIS DOSSER SURVEY, ABSTRACT NO. 280; PRESENTLY LOCATED IN PLANNED DEVELOPMENT"PD"NO. 92 CORRIDOR COMMERCIAL AND PLANNED DEVELOPMENT "PD" NO. 147 FOR LIGHT INDUSTRIAL BY CHANGING THE ZONING AND CREATING PLANNED DEVELOPMENT "PD" NO. 147A FOR LIGHT INDUSTRIAL "LI," CORRIDOR COMMERCIAL "CC,"AND TOWNHOME "TH"USES AND ADOPTING DEVELOPMENT REGULATIONS INCLUDING A ZONING EXHIBIT, CONCEPT PLAN, AND BUILDING ELEVATIONS; 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 Corvette, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3917-5-22, as previously captioned, to establish Planned Development Zoning District 147A with a Base Zoning of Light Industrial, Corridor Commercial, and Townhome with the addition of special specific language regarding signage regarding truck traffic. The motion carried. 7. Other Business 7.1 Calendar • May 30-City Facilities Closed in Observance of Memorial Day 7.2 Items of Interest • Councilmember Cornette invited Allen residents to attend the following events: o May 28-30—VFW Post 2195 will be collecting for the relief fund at Market Street. o May 30—Memorial Day Ceremony at the Allen Cemetery at Noon. o May 30—Memorial Day Ceremony at Veterans Memorial at 4 p.m. o June 11 —Flag Day Ceremony hosted by the Allen Heritage Guild with the VFW Post 2195 and Auxiliary and Daughters of American Revolution at the Allen Heritage Village at 10:30 a.m. o June 14—Flag Day Ceremony at the Allen Veterans Memorial at 4 p.m. • Mayor Fulk announced Kiwanis International as his Charity of the Month. 8. Executive Session ALLEN CITY COUNCIL REGULAR MEETING MAY 24,2022 PAGE 6 The Executive Session was not held. 8.1 Reconvene and Consider Action on Items Resulting from Executive Session. 9. Adjournment Mayor Fulk adjourned the Regular Meeting of the Allen City Council at 10:12 p.m. on Tuesday, May 24,2022. These minutes were approved on the 14'day of June 2022. APPROVED: K nneth M.Fulk,MAYOR ATTEST: ' Shelley B.George, RMC, CITY S RETARY