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Min - City Council - 2016 - 01/21 - RegularALLEN CITY COUNCIL REGULAR MEETING JANUARY 12, 2016 Present Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem Kurt Kizer Ross Obermeyer Joey Herald Robin L. Sedlacek Baine Brooks City Staff: Peter H Vargas, City Manager Shelli Siemer, Assistant City Manager Eric Ellwanger, Assistant City Manager Rebecca Vice, Assistant to the City Manager Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office Pete Smith, City Attorney Workshop Session With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:33 p in on Tuesday, January 12, 2016, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas • Update Regarding City Construction Projects • Committee Updates from City Council Liaisons • Questions on Current Agenda With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:02 p in on Tuesday, January 12, 2016 Call to Order and Announce a Quorum is Present With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7:05 p.m. on Tuesday, January 12, 2016, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas Pledge of Allegiance Public Recognition ALLEN CITY COUNCIL REGULAR MEETING JANUARY 12, 2016 1. Citizens' Comments. PAGE Charleen Donelson, 142 West Way Drive, Allen, Texas, spoke regarding the condition of her neighborhood and the need for additional code services. Adam Bell, 1107 Padre Circle, Allen, Texas, introduced himself as a democratic candidate for the United States House of Representatives, District 3 2. Presentation of Proclamation by the Office of the Mayor. • Present a Proclamation to Allen Heritage Guild, Proclaitmng January, 2016, as "Allen Heritage Guild Month. " Consent Aeenda MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adopt all items on the Consent Agenda as follows. 3. Approve Minutes of the December 3, 2015, Allen City Council Joint Workshop with the Capital Improvement Program (CIP) Steering Committee. 4. Approve Minutes of the December 8, 2015, Regular Meeting of the Allen City Council. 5. Adopt an Ordinance Approving and Enacting Supplement No. 12 to the Allen Land Development Code. ORDINANCE NO. 3343-1-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTT TEXAS, ADOPTING SUPPLEMENT NO 12 TO THE ALLEN LAND DEVELOPMENT CODE, PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY, PROVIDING A REPEAL OF CERTAIN ORDINANCES; PROVIDING EXCEPTIONS TO REPEAL, PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE 6. Adopt a Resolution Authorizing the City Manager to Apply for, Accept, Reject, Alter or Terminate a Grant Through the North Central Texas Council of Government's Materials Management Call for Projects to Implement a Public Recycling Program within Watters Branch Community Park. RESOLUTION NO. 33441-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, HERINAFTER REFERRED TO AS "GRANTOR," FOR THE PURPOSE OF PARTICIPATING IN THE MATERIALS MANAGEMENT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM" CERTIFYING THAT THE "APPLICANT' IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE: CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE: AND PROVIDING FOR AN EFFECTIVE DATE ALLEN CITY COUNCIL REGULAR MEETING JANUARY 12, 2016 PAGE 3 7. Award Bid and Authorize the City Manager to Execute a Contract for Enhanced Landscape Services with Lawn Star Landscape in the Amount of $78,600 with the Option for Two, One - Year Renewals. 8. Ratify the Contract with Aire Dynamics for Emergency Purchase and Installation of a Heating and Cooling Unit for the Central Fire Station Training Facility in the Amount of $83,424. 9. Authorize the City Manager to Purchase Fourteen (14) Vehicles for the Police Department from Silsbee Ford, Dodge City, Harley-Davidson and Reliable Chevrolet through Interlocal Cooperative Agreements with Tarrant County and BuyBoard for an Amount Not to Exceed $384,407.71. 10. Award Bid and Authorize the City Manager to Execute a Contract with North Rock Construction, LLC, for Construction of the Allen Water Station Trail Project for an Amount Not to Exceed $1,227,888.69. The motion carried Regular Aeenda 11. Conduct a Public Hearing and Adopt an Ordinance to Change the Zoning of Allen Walters - NTB Addition, Generally Located South of McDermott Drive and West of Walters Road from Shopping Center (SC) to Planned Development No. 122 with a Base Zoning of Multi -Family Residential District MF -18. [Vera Watters Creek] Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this Item to do so at this time. The following individuals spoke in opposition of the item David Reysa, 1002 Edgemont Court, Allen, Texas, and John Turner, 1000 Edgemont Court, Allen, Texas The following individuals spoke in support of the item: Preston Whisenant, 3747 Princess Lane, Dallas, Texas; and David Hicks, 401 Woodlake Drive, Allen, Texas The following individuals did not speak but wished to record their support of the item Bill Dahlstrom, 2323 Ross Ave., Suite 600, Dallas, Texas; Fred Hazel, 407 Oxmoor Lake Drive, McDonough, Georgia; Gene Babb, 1220 Bluebell, Celina, Texas, and Joseph T Relic, 10701 Corporate Drive, Suite 118, Stafford, Texas With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 3345-1-16: 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, RELATING TO THE USE AND DEVELOPMENT OF LOT 1, BLOCK A, ALLEN WAITERS — NTH ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS, PRESENTLY ZONED AS SHOPPING CENTER (SC) BY CHANGING THE ZONING TO CREATE PLANNED DEVELOPMENT NO. 122 WITH A BASE ALLEN CITY COUNCIL REGULAR MEETING JANUARY 12, 2016 PAGE 4 ZONING OF MULTI -FAMILY RESIDENTIAL (MF -18) AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, SCREENING 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 Sedlacek and a second by Councilmember Brooks, the Council voted %even (7) for and none (0) opposed to adopt Ordinance No. 3345-1-16, as previously captioned, to change the zoning from Shopping Center (SC) to Planned Development No. 122 with a base zoning of Multi -Family Residential District MF -18 with the inclusion of the revised screening plan exhibit. The motion carried. 12. Conduct a Public Hearing and Adopt an Ordinance for a Specific Use Permit (SUP) for a Restaurant (Drive-in or through) use Generally Located South of Stacy Road and West of Greenville Avenue. [EI Polio Loco] Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. David Gregory, 2840 W Southlake Blvd., #110, Southlake, Texas, spoke In support of the Item With no one else speaking, Mayor Terrell closed the public hearing, Mayor Terrell stated for the record that traffic Issues within this property need to be addressed. ORDINANCE NO. 3346-1-16: 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. 146 AUTHORIZING LOT 6, BLOCK A, GREENVILLE CENTER ADDITION, CITY OF ALLEN, COLLIN COUNTY TEXAS, PRESENTLY ZONED "CC" CORRIDOR COMMERCIAL TO BE DEVELOPED AND USED FOR A RESTAURANT (DRIVE-IN OR THROUGH), ADOPTING A SITE PLAN, LANDSCAPE 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 Mayor Pro Tem Caplinger and a second by Councilmember Brooks, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No 3346-1-16, as previously captioned, granting Specific Use Permit (SUP) No. 146 for a Restaurant (Drive -In or through) use generally located south of Stacy Road and west of Greenville Avenue The motion carried 13. Conduct a Public Hearing and Adopt an Ordinance to Amend Section 4.20.2 of the Allen Land Development Code, Specifically the Schedule of Principle Uses Relating to 'Public Service i Facility.' Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time ALLEN CITY COUNCIL REGULAR MEETING JANUARY 12, 2016 PAGE 5 With no one speaking, Mayor Terrell closed the public heating. ORDINANCE NO. 3347-1-16: 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. 146 AUTHORIZING LOT 6, BLOCK A, GREENVILLE CENTER ADDITION, CITY OF ALLEN, COLLIN COUNTY TEXAS, PRESENTLY ZONED "CC" CORRIDOR COMMERCIAL TO BE DEVELOPED AND USED FOR A RESTAURANT (DRIVE-IN OR THROUGH); ADOPTING A SITE PLAN, LANDSCAPE 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 Obermeyer and a second by Councilmember Herald, the Counul voted seven (7) for and none (0) opposed to adopt Ordinance No 3347-1- 16, as previously captioned, to amend Section 4.20.2 of the Allen Land Development Code, specifically the schedule of principle uses relating to "Public Service Facility " The motion carried. Other Business 14. Calendar. • January 16, 2016 — City Council Strategic Planning Session — 9'00 a m. — Hilton Garden Inn 15. Items of Interest. Executive Session Executive Session was not held. MOTION: Upon a motion made by Councilmember Herald and a second by Mayor Pro Tem Caplinger, the Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 8 27 p m. on Tuesday, January 12, 2016 The motion earned These "notes approved on the 26' day of January 2016. APPR E f Ac Stephen Terrell, MAYOR ATTEST: 7BMC, ECRETARY