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Min - City Council - 2016 - 02/23 - RegularALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 23, 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 Shelley B George, City Secretary Teresa Warren, Director, Public and Media Relations Office Pete Smith, City Attorney Workshoo Session With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:30 p.m. on Tuesday, February 23, 2016, in the Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. • Introduction of Dr. Susan Ponder, Member of the Keep Allen Beautiful Board • Update Regarding the Allen Heritage Village and Ford Pool 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 6:55 p.m. on Tuesday, February 23, 2016 Call to Order and Announce a Guarani 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 7:02 p.m. on Tuesday, February 23, 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 FEBRUARY 23, 2016 1. Citizens' Comments. PAGE 2 Alan Seyedi, 1700 Texas Hills Court, Allen, Texas, spoke regarding the green space and rezoning of Alma and Exchange 2. Recognition of Ms. Sarah Savage as the Winner of the Paint For Paws Contest at the Allen Animal Shelter 3. Presentation of the Keep Allen Beautiful Board's Annual Report by Board Member Dr. Susan Ponder. Consent Agenda Mayor Terrell removed the following agenda item from the Consent Agenda. 12. Award Bid and Authorize the City Manager to Execute a One -Year Contract with Medical Center of Plano for Medical Physical Evaluations for Incumbent Fire Department Personnel for an Estimated Annual Expenditure of $63,200 with Four (4) One -Year Renewal Options. MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Brooks, the Council voted seven (7) for and none (0) opposed to adopt all remaining items on the Consent Agenda as follows: 4. Approve Minutes of the February 9, 2016, Regular Meeting of the Allen City Council. 5. Adopt an Ordinance Changing the Name of "Central Park Drive" to "Watters Creek Boulevard". ORDINANCE NO. 3354-2-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CHANGING THE NAME OF CENTRAL PARK DRIVE BETWEEN VENTURE DRIVE AND BETHANY DRIVE AS DESCRIBED ON EXHIBIT "A" TO WATTERS CREEK BOULEVARD; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 6. Adopt an Ordinance Abandoning the Alley North of Main Street and West of Cedar Drive to the Adjacent Property Owners. ORDINANCE NO. 3355-2-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, QUITCLAIMING AND ABANDONING ALL RIGHT, TITLE AND INTEREST IN THE ALLEY ON THE NORTH SIDE OF 205 E. MAIN STREET AND 207 E. MAIN STREET AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, RESERVING A GENERAL UTILITY AND PUBLIC ACCESS EASEMENT, PROVIDING FOR THE RECORDING OF A CERTIFIED COPY OF THIS ORDINANCE M THE REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE ABANDONMENT; AND PROVIDING FOR AN EFFECTIVE DATE ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 23, 2016 PAGE 7. Adopt Four (4) Separate Resolutions Approving and Authorizing the City Manager to Execute Four (4) Separate Agreements for the Donation of Certain Abandoned and/or Unclaimed Property with a Value of Less than $500. RESOLUTION NO. 3356-2-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ALLEN COMMUNITY OUTREACH, A NOT FOR PROFIT ORGANIZATION, AUTHORIZING THE DONATION OF ITEMS OF ABANDONED AND UNCLAIMED PERSONAL PROPERTY WITH A VALUE OF LESS THAN $500 00 TO ALLEN COMMUNITY OUTREACH FOR THE PURPOSE OF DISTRIBUTING THE PROPERTY FOR THE BENEFIT OF THE PUBLIC OR RESELLING THE PROPERTY IN ORDER TO FUND COMMUNITY -ORIENTED PROGRAMS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 3357-2-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HOPE'S DOOR, A NOT FOR PROFIT ORGANIZATION, AUTHORIZING THE DONATION OF ITEMS OF ABANDONED AND UNCLAIMED PERSONAL PROPERTY WITH A VALUE OF LESS THAN $500 00 TO HOPE'S DOOR FOR THE PURPOSE OF DISTRIBUTING THE PROPERTY FOR THE BENEFIT OF THE PUBLIC OR RESELLING THE PROPERTY IN ORDER TO FUND COMMUNITY -ORIENTED PROGRAMS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE RESOLUTION NO. 3358-2-16(RI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY. TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAMARITAN INN, INC., A NOT FOR PROFIT ORGANIZATION, AUTHORIZING THE DONATION OF ITEMS OF ABANDONED AND UNCLAIMED PERSONAL PROPERTY WITH A VALUE OF LESS THAN $500.00 TO THE SAMARITAN INN, INC. FOR THE PURPOSE OF DISTRIBUTING THE PROPERTY FOR THE BENEFIT OF THE PUBLIC OR RESELLING THE PROPERTY IN ORDER TO FUND COMMUNITY -ORIENTED PROGRAMS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 3359-2-16(RI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VICTIM RELIEF MINISTRIES, INC., A NOT FOR PROFIT ORGANIZATION, AUTHORIZING THE DONATION OF ITEMS OF ABANDONED AND UNCLAIMED PERSONAL PROPERTY WITH A VALUE OF LESS THAN $500.00 TO VICTIM RELIEF MINISTRIES, INC. FOR THE PURPOSE OF DISTRIBUTING THE PROPERTY FOR THE BENEFIT OF THE PUBLIC OR RESELLING THE PROPERTY IN ORDER TO FUND COMMUNITY -ORIENTED PROGRAMS, PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 8. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or Terminate a One -Year Grant from the State of Texas, Office of the Governor, Criminal Justice Division to Fund a Mental Health Coordinator. RESOLUTION NO. 3360-2-16(RI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 23, 2016 PAGE 4 TERMINATE GRANT # 3047201 A GRANT FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A MENTAL HEALTH COORDINATOR, IF AWARDED, AND PROVIDING FOR AN EFFECTIVE DATE. 9. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or Terminate a Grant from the State of Texas, Office of the Governor, Criminal Justice Division to Fund Body Worn Cameras for Police Officers. RESOLUTION NO. 3361-2-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE GRANT # 3047401 A GRANT FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR BODY WORN CAMERAS FOR POLICE OFFICERS, IF AWARDED; AND PROVIDING FOR AN EFFECTIVE DATE. 10. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or Terminate a One -Year Grant from the State of Texas, Office of the Governor, Criminal Justice Division to Fund a Family Violence Investigation and Prevention Officer. RESOLUTION NO. 3362-2-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE GRANT # 2780703 A GRANT FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A FAMILY VIOLENCE INVESTIGATION AND PREVENTION OFFICER, IF AWARDED; AND PROVIDING FOR AN EFFECTIVE DATE. it. Adopt a Resolution Accepting the Selective Traffic Enforcement Program (STEP) Grant from the State of Texas, Department of Transportation, if Awarded. RESOLUTION NO. 3363-2-16(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE STATE OF TEXAS, TO ACCEPT THE TEXAS DEPARTMENT OF TRANSPORTATION SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT (GRANT # 2017- ALLENPD-S-IYG-0045), AND PROVIDING AN EFFECTIVE DATE. 13. Award Bid and Authorize the City Manager to Execute a Contract with NACC, Inc. in the Amount of $72,900 for the Exchange Parkway Sidewalk Project and Establish a Project Budget in the Amount of $85,000. 14. Award Bid and Authorize the City Manager to Execute a Contract with Air Conditioning Innovative Solutions (ACLS) in the Amount of $157,568.15 to Provide and Install New Fan Power Box Heating and Coaling Units for the Municipal Courts/Parks & Recreation Building. 15. Award Bid and Authorize the City Manager to Execute a Contract with WHECO Electric, Inc. in the Amount of $279,000 for an Upgrade to the City's Water and Wastewater Supervisory Control and Data Acquisition (SCADA) System and Establish a Project Budget in the Amount !�7 of $390,000. 16. Receive the Unaudited Financial Report for the Period Ending September 30, 2015. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 23, 2016 PAGE 5 1 17. Receive the Capital Improvement Program (CIP) Status Reports. 18. Receive the Summary of Property Tax Collections as of January 2016. The motion carried Mayor Terrell filed an Affidavit of Conflict of Interest with the City Secretary and abstained from the discussion and action on Agenda Item 12 Mayor Pro Tem Caplinger proceeded with the following Agenda item. 12. Award Bid and Authorize the City Manager to Execute a One -Year Contract with Medical Center of Plano for Medical Physical Evaluations for Incumbent Fire Department Personnel for an Estimated Annual Expenditure of $63,200 with Four (4) One -Year Renewal Options. MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the Council voted six (6) for and none (0) opposed to authorize the City Manager to execute a one-year contract with Medical Center of Plano for Medical Physical Evaluations for Incumbent Fire Department Personnel with an estimated annual expenditure of $63,200 with four (4) one-year renewal options The motion carried Mayor Terrell continued to the Regular Agenda. Regular Agenda 19. CONTINUED ITEM - Conduct a Public Hearing and Adopt an Ordinance to Change the Base Zoning from Agriculture Open Space to Single -Family Residential R-7, and Adopt a Concept Plan, Development Regulations, and Building Elevations for a 74.601± Acre Portion of Planned Development No. 105, Generally Located South of Bethany Drive and East of Brett Drive. )Montgomery Farm Estates( Item Tabled to the March 22, 2016 Regular Meeting. MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to remove this item from the table and continue the Public Hearing. Mayor Terrell announced that the Public Hearing was still open and asked anyone wishing to speak for or against this item to do so at this time. The following individuals spoke in opposition to the item' Catie Brooks, 1360 Francie Way, Allen, Texas; Major Thomas, 1246 Monica Drive, Allen, Texas; and, Joel Gabrelow, 1359 Francic Way, Allen, Texas. MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Obermeyer, the Council voted seven (7) for and none (0) opposed to continue the public hearing on this item to the March 22, 2016, regular meeting. The motion carried Mayor Terrell moved to Agenda Item 21 ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 23, 2016 PAGE 21. Conduct a Public Hearing and Adopt an Ordinance Approving the City's Participation in the Texas Enterprise Zone Program and Nominating Jack Henry & Associates, Inc., to the Office of the Governor, Economic Development and Tourism as an Enterprise Zone Project. 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. 3365-2-16: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, AUTHORIZING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING JACK HENRY & ASSOCIATES, INC., TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK AS AN ENTERPRISE PROJECT, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councdmember Sedlacek and a second by Councilmember Herald, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3365-2-16, as previously captioned, approving the City's participation in the Texas Enterprise Zone Program and nominating Jack Henry & Associates, Inc., to the Office of the Governor, Economic Development and Tourism as an Enterprise Zone Project. The motion carried. 20. Conduct a Public Hearing and Adopt an Ordinance to Change the Base Zoning from Townhome Residential to Single -Family Residential R-7, and Adopt a Concept Plan, Development Regulations, Open Space Exhibit and Building Elevations for a 4.247± Acre Portion of Tract C of Planned Development No. 98, Generally Located South of Ridgeview Drive and West of Twin Creeks Drive. [Ridgeview Villas) Mayor Terrell opened the public hearing and asked anvone wishing to speak for or against this item to do so at this time. The following individuals spoke in opposition to the item: Tariq Hasan, 1526 Hennessey Drive, Allen, Texas; and Ryan Wiersema, 1507 Riverdale Drive, Allen, Texas With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 3364-2-16: 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 AMENDING THE DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT PLAN, AND ADOPTING BUILDING ELEVATIONS FOR A PORTION OF TRACT 15 OF PLANNED DEVELOPMENT PD NO. 54, SAID PORTION BEING 5.37± ACRES OF LAND IN THE CATHERINE PARSONS SURVEY, ABSTRACT NUMBER 711, CITY OF ALLEN, COLLIN COUNTY, TEXAS, 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 FEBRUARY 23, 2016 PAGE 7 MOTION: Upon a motion by Councilmember Kizer and a second by Councilmember Oberaneyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No 3364-2-I6, as previously captioned, to change the base zoning from Townhome Residential to Single - Family Residential R-7, and adopt a concept plan, development regulations, open space exhibit and building elevations for a 4 247± acre portion of Tract C of Planned Development No 98, generally located south of Ridgeview Drive and west of Twin Creeks Drive. The motion carried. Other Business 22. Calendar. • Through February 26, 2016 — Early Voting for the Democratic and Republican Primary Elections. • March 1, 2016 — Election Day for the Democratic and Republican Primary Elections, 23. Items of Interest. • Council wished happy birthday to Councilmember Herald's children, Sara and Andy • Councilmember Brooks' daughter, Brittani has committed to attend Tusculum College • Council congratulated the Allen High School Wrestling team on winning its 7" straight State UIL Championship. • Council announced that Allen was voted 41 place to raise a young family • Council encouraged residents to attend the Sam Bass Train Robbery Re -Enactment and Collin McKinney's birthday celebration at the Allen Heritage Center Train Depot on February 27, 2016. • Council invited the public to attend the Annual Fire and Police Hockev game at the Allen Event Center benefitting the Public Safety Recovery Fund. Executive Session The Executive Session was not held. Adiournment 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 8 11 p m. on Tuesday, February 23, 2016 The motion carried. These minutes approved on the 8" day of March 2016 APPROVED: Stephen errell, MAYOR ATTEST: i Shelley B. Geor'gc�RMC, CITY SECRETARY