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Min - City Council - 2022 - 09/27 - Regular ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27,2022 Present: Kenneth M. Fulk,Mayor Councilmembers: Chris Schulmeister,Mayor Pro Tern Daren Meis Carl Clemencich Dave Corvette • 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(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, September 27,2022,in the Basement Meeting Rooms of Allen City Hall,305 Century Parkway,Allen,Texas. 2. Items of Interest 2.1 Discuss Allen Land Development Code updates regarding the Central Business District. 2.2 Committee updates from City Council Liaisons. 2.3 Questions on current Agenda. 111 3. Adjourn to Regular Meeting ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27,2022 PAGE 2 With no further discussion,Mayor Fulk adjourned the Workshop Session of the Allen City Council at 6:55 p.m. on Tuesday, September 27, 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, September 27, 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. 3. Public Recognition 3.1 Presentation of Proclamations by the Office of the Mayor. • Presentation of a Proclamation to the City of Allen Environmental Health Division Proclaiming September 2022 as "Food Safety Education Month." • Presentation of a Proclamation to the City of Allen Forestry Division Proclaiming October 8,2022, as "Arbor Day." 4. Citizens' Comments There were no speakers during Citizens' Comments. 5. Consent Agenda MOTION: Upon a motion made by Councilmember Cornett and a second by Councilmember Shafer,the Council voted seven(7)for and none(0)opposed,to approve all items on the Consent Agenda as follows: 5.1 Approve minutes of the September 13,2022,Regular City Council Meeting. 5.2 Adopt an Ordinance establishing a filing fee for a candidate's application for a place on the ballot for a City office. ORDINANCE NO.3943-9-22:AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING A FILING FEE FOR A CANDIDATE'S APPLICATION FOR PLACEMENT ON THE BALLOT FOR A CITY OFFICE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A SEVERABILiTY CLAUSE,AND PROVIDING FOR AN EFFECTIVE DATE. 5.3 Adopt an Ordinance approving and enacting Supplement No. 19 to the Code of Ordinances providing for certain text amendments to sections of the Code,as previously amended by Ordinances adopted since November 24,2020. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27,2022 PAGE 3 ORDINANCE NO.3944-9-22:AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 19 TO THE CODE OF ORDINANCES; 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. 5.4 Adopt an Ordinance approving and enacting Supplement No. 20 to the Allen Land Development Code providing for certain text amendments to sections of the Code, as previously amended by Ordinances adopted since November 10,2020. ORDINANCE NO.3945-9-22:AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 20 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. 5.5 Adopt a Resolution authorizing the City Manager to execute an Interlocal Agreement between the Cities of Allen, Plano, and Plano ISD to allow Plano ISD to use the radio system jointly owned by the City of Allen and the City of Plano. RESOLUTION NO.3946-9-22(R): A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITIES OF ALLEN AND PLANO AND PLANO ISD FOR THE USE OF THE RADIO SYSTEM THAT IS JOINTLY OWNED BY THE CITY OF ALLEN AND THE CITY OF PLANO;AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENTS BY THE CITY MANAGER;AND PROVIDING AN EFFECTIVE DATE. 5.6 Adopt a Resolution approving the Parks,Recreation,and Open Space Master Plan 2021- 2031. RESOLUTION NO. 3947-9-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,COLLIN COUNTY,TEXAS,ADOPTING THE PARKS,RECREATION, AND OPEN SPACE MASTER PLAN 2021-2031, ATTACHED HERETO AS EXHIBIT "A";AND PROVIDING FOR AN EFFECTIVE DATE. 5.7 Authorize the City Manager to negotiate and execute an Economic Development Incentive Agreement with Chicken N Pickle for a mixed-use entertainment venue on behalf of the Allen Community Development Corporation,including any amendments or instruments related thereto. 5.8 Authorize the City Manager to negotiate and execute an Economic Development Incentive Agreement with High 5 for a mixed-use entertainment venue on behalf of the Allen Community Development Corporation,including any amendments or instruments related thereto. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27,2022 PAGE 4 5.9 Award bid and authorize the City Manager to execute annual contracts with Bureau Veritas North America, LLC, as a primary vendor and Dallas BBG Consulting,Inc., as secondary vendor for building inspection services for$210,000 annually,with the option for two one-year renewals. 5.10 Authorize the City Manager to execute an agreement with Half Associates, Inc., for Third Party Plan Review Services for$125,000. 5.11 Authorize the City Manager to approve annual beverage purchases from Andrews Distributing for Parks and Recreation Department used for resale at Credit Union of Texas Event Center and The Courses at Watters Creek for$143,216. 5.12 Authorize the City Manager to approve annual alcoholic beverage purchases through FinTech.net for the Parks and Recreation Department for retail sale at Credit Union of Texas Event Center and The Courses at Watters Creek for$226,811. 5.13 Authorize the City Manager to approve annual food&beverage purchases from Ben E. Keith for Parks and Recreation Department used for resale at Credit Union of Texas Event Center and The Courses at Wafters Creek for$349,649. 5.14 Adopt a Resolution Making Appointments to Fill Expiring Terms on the Tax Increment Financing Reinvestment Zone No. 1 Board of Directors. RESOLUTION NO. 3948-9-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 1;AND PROVIDING FOR AN EFFECTIVE DATE. 5.15 Adopt a Resolution Making Appointments to Fill Expiring Terms on the Tax Increment Financing Reinvestment Zone No.2 Board of Directors. RESOLUTION NO. 3949-9-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO.2;AND PROVIDING FOR AN EFFECTIVE DATE. 5.16 Adopt a Resolution Making Appointments to Fill Expiring Terms on the Tax Increment Financing Reinvestment Zone No.3 Board of Directors. RESOLUTION NO. 3950-9-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE ALLEN TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 3;AND PROVIDING FOR AN EFFECTIVE DATE. 5.17 Adopt an Ordinance amending the Code of Ordinances by amending Section 3-23 of Chapter 3, "ANIMALS AND FOWL" to provide for two additional members to the Animal Advisory Shelter Committee. ORDINANCE NO.3951-9-22:AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,COLLIN COUNTY,TEXAS,AMENDING THE CODE OF ORDINANCES BY ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27,.2022 PAGE 5 AMENDING SECTION 3-23 OF THE CODE OF ORDINANCES TO INCREASE THE NUMBER OF MEMBERS OF THE ANIMAL SHELTER ADVISORY COMMITTEE; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. The motion carried. 6. Regular Agenda 6.1 Adopt a Resolution establishing Environmental Health Permit Fees. RESOLUTION NO. 3952-9-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING ENVIRONMENTAL HEALTH PERMIT FEES; 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 approve Resolution No. 3952-9-22(R), as previously captioned, establishing environmental health permit fees. The motion carried. 6.2 Adopt a Resolution establishing rates and fees for commercial and residential solid waste,recycling,and household hazardous waste services. ORDINANCE NO.3953-9-22: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 Clemencich and a second by Councilmember Meis, the Council voted seven(7)for and none(0)opposed,to approve Resolution No.3953-9-22(R), as previously captioned,establishing fees and rates for residential and commercial solid waste collection services. The motion carried. 6.3 Adopt a Resolution establishing residential and commercial water and sewer rates. RESOLUTION NO. 3954-9-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING SANITARY SEWER CHARGES AND WATER SERVICE CHARGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING 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 approve Resolution No. 3954-9-22(R), as previously captioned, establishing sanitary sewer charges and water service charges. The motion carried. 6.4 Conduct a Public Hearing and Adopt a Resolution Establishing Commercial and Residential Drainage Fees. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27,2022 PAGE 6 Mayor Fulk 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 Fulk closed the Public Hearing. RESOLUTION NO. 3955-9-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING A SCHEDULE OF CHARGES FOR DRAINAGE SERVICE FOR THE MUNICIPAL DRAINAGE UTILITY SYSTEM; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE;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 approve Resolution No.3955-9-22(R), as previously captioned, establishing commercial and residential drainage fees. The motion carried. 6.5 Conduct a Public Hearing and adopt an Ordinance to amend the development regulations of Planned Development No. 53 with a base zoning of Shopping Center to allow Restaurant (with drive-in or drive-through) as a Permitted Use; for a property located on the northwest corner of Exchange Parkway and Alma Drive. [Restaurant- Office at Alma&Exchange] Mayor Fulk 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 Fulk closed the Public Hearing. ORDINANCE NO.3956-9-22: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 FOR TRACT 5 OF PLANNED DEVELOPMENT "PD" NO. 53 SHOPPING CENTER "SC" RELATING TO THE USE AND DEVELOPMENT OF LOT 1R1, BLOCK A, KIDS R KIDS ADDITION; AND ADOPTING A 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 Shafer and a second by Councilmember Clemencich, the Council voted seven(7)for and none(0)opposed,to approve Ordinance No. 3956-9-22,as previously captioned,to amend Planned Development No. 53 with a base zoning of Shopping Center to allow restaurant as a permitted use. The motion carried. 6.6 Conduct a Public Hearing and adopt an Ordinance to amend the development regulations of Planned Development No.64 with a base zoning of Garden Office to allow Massage Establishment use by right for property generally located southeast of Greenville Avenue and Buckingham Lane. [Alliance Office Centre] ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27,2022 PAGE 7 Mayor Fulk 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 Fulk closed the Public Hearing. ORDINANCE NO. 3957-9-22(R): 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 OF PLANNED DEVELOPMENT"PD"NO. 64 WITH A BASE ZONING OF GARDEN OFFICE "GO" TO BE DEVELOPED AND USED AS A MASSAGE ESTABLISHMENT USE; 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 Schulmeister and a second by Councilmember Trahan, the Council voted four (4) for and three (3) opposed, with Councilmembers Shafer, Cornette and Meis casting the negative votes, to approve Ordinance No. 3957-9-22, as previously captioned,to amend Planned Development No. 64,as presented. The motion carried. 6.7 Conduct a Public Hearing and adopt an Ordinance for a Specific Use Permit for approximately 2,080 square foot portion of a building for a Fitness and Health Center use generally located southeast of McDermott Drive and Custer Road commonly known as 2035 McDermott Drive,Suite 460. [Hero Training] Mayor Fulk 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 Fulk closed the Public Hearing. ORDINANCE NO.3958-9-22: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. 184 FOR A FITNESS AND HEALTH ESTABLISHMENT USE AND DEVELOPMENT OF A 2,080±SQUARE FOOT PORTION OF A BUILDING LOCATED ON LOT 8,BLOCK A,CUSTER/MCDERMOTT ADDITION, PRESENTLY ZONED FOR PLANNED DEVELOPMENT "PD" NO. 56 SHOPPING CENTER"SC"USE;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 Meis and.a second by Councilmember Trahan, the Council voted seven (7) for and none (0) opposed, to approve Ordinance No. 3958-9-22, as previously captioned, granting Specific Use Permit 184 for a Fitness and Health Center. The motion carried. ALLEN CITY.COUNCIL REGULAR MEETING SEPTEMBER 27,2022 PAGE 8 6.8 Appoint to fill new and expiring terms and vacancies on the following Boards, Commissions, Committees and Corporations: Animal Shelter Advisory Committee, Board of Adjustment/Building and Standards Commission/Sign Control Board,Central Business District Design Review Committee, Community Development Corporation Board, Community Engagement Advisory Board, Convention and Visitors Bureau Advisory Board, Economic Development Corporation Board, Keep Allen Beautiful Board,Library Board,Parks and Recreation Board,Planning and Zoning Commission, and Public Art Committee. MOTION: Upon a motion made by Councilmember Meis and a second by Mayor Pro Tern Schulmeister, the Council voted seven(7)for and none(0) opposed,to appoint the following individuals as recommended by the Council Nominating Committee to the designated places on the respective Boards, Commissions,and Corporations. The motion carried. Animal Shelter Advisory Committee Expiration Date Place No. 2(Staff Seat) Traci Dyck September 30,2024 Place No. 4 Pamela Ackerman September 30,2024 Place No. 6 Ed Swierenga September 30,2024 Place No. 7 Nat Dreyer September 30,2023 Board of Adjustment/Building& Standards Commission/ Sign Board Expiration Date Place No. 2 Joe Moon September 30,2024 Place No. 4 Danielle Westgard September 30,2024 Alt. Place No. 1 Cynthia Walker September 30,2023 Alt. Place No.2 Ted Gould September 30,2024 Central Business District Design Review Committee Expiration Date Place No. 2 Thomas Thomas September 30,2024 Community Development Corporation Expiration Date Place No. 2 Matthew Foster September 30,2024 Place No.4 Ron Alexander September 30,2024 Place No. 6 Tommy Baril September 30,2024 Community Engagement Advisory Board Expiration Date Place No. 1 Collin Packer September 30,2023 Place No. 2 Ana Gonzalez September 30,2024 Place No. 3 Inga Fredrickson September 30,2023 Place No.4 John Gain September 30,2024 Place No. 5 Veronica Yost September 30,2023 Place No. 6 Angela Martinez September 30,2024 Place No. 7 Joe Lundgren September 30,2023 Convention and Visitors Bureau Advisory Board Expiration Date Place No. 2 Sarah Bassham September 30,2024 Place No. 4 Karen Yates September 30,2024 Place No. 6 Crystella McIvor September 30,2024 ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27,2022 PAGE 9 Economic Development Corporation Expiration Date Place No. 4 Kristina Holcomb September 30,2025 Place No. 5 Brent Berg September 30,2025 Keep Allen Beautiful Expiration Date Place No. 2 Steve Chisholm September 30,2024 Place No.4 Victoria States September 30,2024 Place No. 6 Joseph Asch September 30,2024 Library Board Expiration Date Place No. 2 Maroba Zoeller September 30,2024 Place No. 4 Jeremy Wallace September 30,2024 Place No. 6 Adyna Akins September 30,2024 Parks and Recreation Board Expiration Date Place No. 2 Geoben Johnson III September 30,2024 Place No. 4 Thomas Johnson September 30,2024 Place No. 6 John Holley September 30,2024 Planning and Zoning Commission Expiration Date Place No. 2 Elias Shaikh September 30,2023 Place No.4 Todd Price September 30,2025 Place No. 6 Michael Smiddy September 30,2025 Public Art Committee Expiration Date Place No. 2 Sandy Wittsche September 30,2024 Place No. 4 Jane Bennett September 30,2024 Place No. 6 Marianna Sennour September 30,2024 7. Other Business 7.1 Calendar. October 1 —Fall Fest,Allen Heritage Village—9 a.m.to 3 p.m. October 3—TRIAD Meeting,Allen Senior Recreation Center—6 p.m. 7.2 Items of Interest. Mayor Fulk announced Leia's Kids as his Charity of the Month. 8. Executive Session (As needed). 8.1 Personnel Pursuant to Section 551.074 of the Texas Government Code— Discuss Appointments to the Board of Adjustment, Building and Standards Commission, Community Development Corporation, Economic Development Corporation, and Planning and Zoning Commission. 8.2 Reconvene and consider action on items resulting from Executive Session. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 27,2022 PAGE 10 The Executive Session was not held. Adjournment Mayor Fulk adjourned the Regular Meeting of the Allen City Council at 8:30 p.m. on Tuesday, September 27,2022. These minutes were approved on the 11th day of October 2022. OVED: en h Fu MAYOR ATTEST: 1—\Ns4 Shelley B._George C C ECRETARY