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Min - City Council - 2022 - 07/12 - Regular ALLEN CITY COUNCIL REGULAR MEETING . JULY 12,2022 Present: Kenneth M. Fulk,Mayor Councilmembers: Chris Schulmeister,Mayor Pro Ter 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 Shelley B. George,City Secretary Teresa Warren,Director,Public and Media Relations(absent) Chelsey Aprill, Strategic Communication Manager Rocio Gonzalez,Deputy City Secretary(absent) Pete Smith, City Attorney(absent) Victoria Thomas,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,July 12,2022,in the Basement Meeting Rooms of Allen City Hall, 305 Century Parkway,Allen, Texas. 2. Items of Interest 2.1 Introduction of Parks and Recreation board Vice-Chair John Holley. 2.2 Introduction of Public Art Chair Jane Bennett. 2.3 Overview of Parks and Recreation Fee Schedule for membership and rental fees. 2.4 Committee Updates from City Council Liaisons. 2.5 Questions on Current Agenda. ALLEN CITY COUNCIL REGULAR MEETING JULY 12,2022 PAGE 2 3. Adjourn to Regular.Meeting With no further discussion,Mayor'Fulk adjourned the Workshop Session of the Allen City Council at 6:45 p.m. on Tuesday,July 12,2022,in the Basement Meeting Rooms 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, July 12, 2022, in the City Council Chambers of Allen City Hall, 305 Century Parkway,Allen,Texas. 2. Pledge of Allegiance 3. Public Recognition 3.1 Presentation of Proclamations by the Office of the Mayor. • Present a Proclamation to the City of Allen Parks and Recreation Department proclaiming July 2022 as "Parks and Recreation Month." 3.2 Presentation of a Check by the Radha Krishna Temple of Allen to Jeff Timbs, Library Director,donating$10,000 to the Allen Library Endowment Fund. 3.3 Recognize Assistant City Manager Rebecca Vice as the 2022 Recipient of the Linda Keithley Award for Women in Public Management. 3.4 Presentation of the Parks and Recreation Board Annual Report by Vice-Chair John Holley. 3.5 Presentation of the Public Art Committee Annual Report by Chair Jane Bennett. 4. Citizens' Comments The following individuals expressed their support for Agenda Item 5.2: Philip Brewer, 879 Starcreek Place,Allen,Texas. Judy Cote, 710 Rockcrossing Lane,Allen,Texas; Scott Cote,710 Rockcrosing Lane,Allen,Texas; Carol Hohmann, 902 Ashley Lane,Allen,Texas; - John Gain, 962 Abbott Lane,Allen,Texas; Jeremy Jones, 2150 S. Central Expressway, Suite 360, McKinney, Texas, spoke regarding certain concerns with the proposed Downtown Revitalization Plan's impact on his land within the Central Business District. Ken Byler, 204 Allenwood Drive, Allen, Texas, requested Council consider naming the Allen Public Library's Courtyard after Ruth Pringle. ALLEN CITY COUNCIL REGULAR MEETING JULY 12,2022 PAGE 3 5. Consent Agenda Councilmember Shafer requested the following Agenda Items be removed from the Consent Agenda: 5.2, 5.4, 5.8, and 5.9. MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember Corvette,the Council voted seven(7)for and none(0)opposed to approve the remaining items on the Consent Agenda as follows: 5.1 Approve minutes of the June 14,2022,Regular City Council Meeting. 5.3 Adopt a Resolution establishing an annual permit fee associated with the registration of Short-Term Rental properties. RESOLUTION NO.3926-7-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING ANNUAL SHORT TERM RENTAL REGISTRATION FEES IN ACCORDANCE WITH CHAPTER 4, ARTICLE III, "SHORT-TERM RENTALS" OF THE CODE OF ORDINANCES, AS AMENDED;AND PROVIDING FOR AN EFFECTIVE DATE. 5.5 Ratify the execution of a contract by the City Manager with Boyd Operating Company, LLC, for the emergency replacement of failing Lighting Control Panels at the Allen Municipal Service Center, Allen Public Library, Fire Station No. 5, Allen Senior Recreation Center,and the Don Rodenbaugh Natatorium for$373,208. 5.6 Authorize the City Manager to execute a contract with AV Water Technologies,LLC,for the purchase and delivery of water meters as part of the Advance Meter Infrastructure (AMI Project for$400,000. 5.7 Award Bid and authorize the City Manager to execute an agreement with Peruna Glass, Inc., d/b/a Glass Doctor North Texas Corporation for the installation of replacement windows at Fire Station Nos.3 and 4 for$138,726. 5.10 Authorize the City Manager to execute a five-year agreement with Motorola Solutions to lease body-worn cameras, all associated equipment, software licenses, and services for a total amount of$596,888. The motion carried. 5.2 Adopt an Ordinance establishing a Community Engagement Advisory Board. ORDINANCE NO.3925-7-22: AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING THE COMMUNITY ENGAGEMENT ADVISORY BOARD; PROVIDING FOR THE DUTIES OF SUCH BOARD;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tem Schulmeister and a second by Councilmember Meis, the Council voted six (6) for and one (1) opposed with Councilmember Shafer casting the negative vote to adopt Ordinance No. 3925-7-22, as previously captioned, establishing a Community Engagement Advisory Board. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JULY 12,2022 PAGE 4 5.4 Adopt a Resolution approving the Parks,Recreation,and Open Space Master Plan 2021- 2031. MOTION: Upon a motion made by Councilmember Meis and a second by Councilmember Corneae,the Council voted seven(7)for and none(0)opposed to table consideration of this item to a future Council meeting after the Council holds a Called Workshop to discuss the Parks, Recreation, and Open Space Master Plan 2021-2031. The motion.carried. 5.8 Authorize the City Manager to Execute a contract amendment with Halff Associates,Inc., for Third Party Plan Review Services in the Amount of$35,250 not to exceed a contract amount of$110,250. 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 authorize the City Manager to execute a contract amendment with Half Associates, Inc., for Third Party Plan Review Services in the Amount of$35,250 not to exceed a contract amount of$110,250. The motion carried. 5.9 Authorize the City Manager to execute an agreement with WeBuildFun, Inc., for shade installations at Allen Station Park Spectator Seating,Orchards Park,and Spirit Park for $311,696. MOTION: Upon a motion made by Councilmember Corneae and a second by Councilmember Clemencich, the Council voted six (6) for and one (1) opposed with Councilmember Shafer casting the negative vote to authorize the City Manager to execute an agreement with WeBuildFun, Inc., for shade installations at Allen Station Park Spectator Seating, Orchards Park, and Spirit Park for$311,696. The motion carried. 6. Regular Agenda 6.1 Conduct a Public Hearing and adopt a Resolution approving the 2022-2023 Annual Action Plan for the Community Development Block Grant(CDBG)Program. 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. RESOLUTION NO.3927-7-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,APPROVING THE 2022-2023 ANNUAL ACTION PLAN;AUTHORIZING ITS SUBMISSION TO THE U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Trahan and a second by Councilmember Meis, the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 3927-7-22(R), as previously captioned, approving the 2022-2023 Annual Action Plan for the CDBG Program. The motion carried. 6.2 Conduct a Public Hearing and adopt an Ordinance updating the City's Land Use Assumptions, Capital Improvement Plan,and.Impact Fees. ALLEN CITY COUNCIL REGULAR MEETING JULY 12,2022 PAGE 5 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.3928-7-22: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AS AMENDED, RELATING TO CAPITAL IMPROVEMENTS PLAN,LAND USE ASSUMPTIONS,AND IMPACT FEES FOR WATER,WASTEWATER AND ROADWAY FACILITIES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Mayor Pro Tern Schulmeister and a second by Councilmember Shafer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3928-7-22, as previously captioned,updating the City's Land Use Assumptions, Capital Improvement Plan, and Impact Fees. The motion carried. 6.3 Presentation of the final report from the Downtown Steering Committee. Mayor Fulk recessed the Regular Meeting at 9:33 p.m. and reconvened the meeting at 9:43 p.m. 6.4 Conduct a Public Hearing and adopt an Ordinance to amend Planned Development No.3 with a Base Zoning of Light Industrial and to adopt a Concept Plan and Building Elevations at 9 Prestige Circle. [Armor Brewing] 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.3929-7-22: 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 REGULATIONS OF AREA 1 OF PLANNED DEVELOPMENT PD NO. 3 WITH A BASE ZONING OF LIGHT INDUSTRIAL "LI" RELATING TO THE DEVELOPMENT OF LOT 2, ALLEN BUSINESS CENTRE, TO AUTHORIZE DEVELOPMENT AND USE OF THE PROPERTY AS A MICROBREWERY;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 Mayor Pro Tem Schulmeister, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3929-7-22, as previously captioned, amending Planned Development No. 3 with a Base Zoning of Light Industrial and adopt a concept plan and building elevations at 9 Prestige Circle. The motion carried. 6.5 Conduct a Public Hearing and adopt an Ordinance to amend the Development Regulations of Planned Development No. 127, Corridor Commercial and Multifamily ALLEN CITY COUNCIL REGULAR MEETING JULY 12,2022 PAGE 6 Residential for approximately 59.629 acres of land generally located at the southeast corner of State Highway 121 and Custer Road. 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. Garett Trietsch,2113 Old Country Drive,Allen,Texas, spoke in support of the item. With no one else speaking,Mayor Fulk closed the public hearing. ORDINANCE NO.3930-7-22: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 AND RESTATING THE DEVELOPMENT AND USE REGULATIONS FOR PLANNED DEVELOPMENT "PD" NO. 127 WITH A BASE ZONING OF CORRIDOR COMMERCIAL (CC) AND MULTI-FAMILY RESIDENTIAL (MF-18) ORIGINALLY ADOPTED PURSUANT TO ORDINANCE NO. 3466-4-17; 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 Clemencich and a second by Councilmember Trahan, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3930-7-22, as previously captioned, to approve amendments to the Development Regulations of Planned Development No. 127 with the following amendments: 1)Add to Section III, 1(b)(i)"...and a building permit has been issued for construction of three commercial pad sites within Tract 1 and/or Tract 4;" and, 2)Add to Section V,A, a list of non-permitted Accessory and Principal uses in Tract 4." The motion carried. • 6.6 Confirm appointments of Councilmembers as Liaisons to City Boards and Commissions as nominated by Mayor Fulk. 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 confirm the appointments of Councilmembers as nominated by Mayor Fulk. The motion carried. Mayor Fulk • Member,Mayor's Committee • Member,Dallas Regional Mobility Coalition • Member,North Texas Commission • Designated Voting Representative,NCTCOG Councilmember Meis • Member, Council Finance/Audit Committee • Member, Council Nominating Committee • Board Member, Convention.and Visitors Bureau Advisory Board • Council Liaison,Planning and Zoning Commission ALLEN CITY COUNCIL REGULAR MEETING JULY 12,2022 PAGE 7 Councilmember Clemencich • Member, Council Finance/Audit Committee • Member, Council Nominating Committee • Council Liaison,Parks and Recreation Board • Board Member,Economic Development Corporation Councilmember Cornette • Council Liaison, Board of Adjustment / Building and Standards Commission / Sign Control Board • Council Liaison, CBD Design Review Committee • Council Liaison,North Texas Municipal Water District Board Representatives • Council Liaison,Public Art Committee • Member,ACO Advisory Council • Board Member,NCT 9-1-1 Board of Managers Councilmember Shafer • Council Liaison,Animal Shelter Advisory Committee • Council Liaison,Keep Allen Beautiful • Council Liaison,Library Board Mayor Pro Tem Schulmeister • Member,Mayor's Committee • Council Liaison, Community Engagement Advisory Board • Member, Council Nominating Committee • Member,Regional Transportation Committee Ben Trahan • Member,Allen USA Advisory Committee • Board Member, Community Development Corporation • Member, Council Finance/Audit Committee 7. Other Business 7.1 Calendar 7.2 Items of Interest • Council wished a happy birthday to Mayor Fulk. Mayor Fulk announced the Executive Session and then recessed the Regular Agenda at 11:02 p.m. 8. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 11:05 p.m. on Tuesday, July 12, 2022, in the Basement Meeting Rooms of the Allen City Hall, 305 Century Parkway,Allen,Texas, in order to discuss matters pertaining to: 8.1 Pursuant to Texas Government Code, Section 551.072, Deliberation Regarding Real Property: Consider approval for the purchase of park land. ALLEN CITY COUNCIL REGULAR MEETING DULY 12,2022 PAGE 8 8.2 Reconvene and Consider Action on Items Resulting from Executive Session. The Allen City Council reconvened into the Regular Meeting at 11:17 p.m. on Tuesday, July 12,2022. No action was taken on items discussed during Executive Session. 9. Adjournment Mayor Fulk adjourned the Regular Meeting of the Allen City Council .at 11:19 p.m. on Tuesday, July 12,2022. These minutes were approved on the 26`h day of July 2022. APPR VED: Ke neth M.Fulk,MAYOR ATTEST: IftkShelley B.Georg RM ITY SECRETARY