Min - City Council - 2019 - 05/28 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
MAY 28,2019
Present:
Stephen Terrell,Mayor
Councilmembers:
Gary L. Caplinger,Mayor Pro Tem
Kurt Kizer
Carl Clemencich
Lauren Doherty
Chris Schulmeister
Baine Brooks
City Staff:
Eric Ellwanger,Acting City Manager
Rebecca Vice,Acting Assistant City Manager
Shelley B. George, City Secretary
Teresa Warren,Director,Public and Media Relations Office
Kevin Laughlin,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 6:37 p.m. on Tuesday, May 28, 2019, in the City Council Conference Room of the
Allen City Hall, 305 Century Parkway,Allen,Texas.
1. Update Regarding Municipal Court Operations.
2. Committee Updates from City Council Liaisons.
3. Questions on Current Agenda.
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:58 p.m. on
Tuesday, May 28, 2019.
Call to Order and Announce a Ouorum 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 7:07 p.m.on Tuesday,May 28,2019,in the Council Chambers of the Allen City Hall,
305 Century Parkway,Allen,Texas.
Pled-_e of Alle(giance
Public Reco<(gnition
1. Citizen Comments.
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Adelia Scaife, 403 W. Coats Drive, Allen, Texas, read a letter to the Council regarding a potential
conflict of interest.
2. Public Recognition of the Keep Allen Beautiful Reuse-A-Shoe Contest Winners.
• 1 st Place:Anderson Elementary, 840 pairs of shoes
• 2nd Place: Bolin Elementary, 931 pairs of shoes
• 3rd Place: Evans Elementary, 1,125 pairs of shoes
3. Parent Teacher Association (PTA) Lifetime Achievement Award Presentation to Andrea Smith,
Education Specialist.
Consent Agenda
MOTION: Upon a motion made by Councilmember Brooks and a second by Councilmember Clemencich,
the Council voted seven(7)for and none(0)opposed to adopt all items on the Consent Agenda
as follows:
4. Approve Minutes of the May 14,2019,Regular City Council Meeting.
5. Approve Minutes of the May 23,2019, City Council Joint Workshop with Planning and Zoning
Commission.
6. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement Between
the Cities of Allen,Plano, and Wylie to Jointly Operate a Radio Communications System.
RESOLUTION NO. 3668-5-19(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 WYLIE 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.
7. Adopt a Resolution Denying Oncor Electric Delivery Company's Application for Approval of a
Distribution Cost Recovery Factor.
RESOLUTION NO.3669-5-19(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY
COMPANY LLC'S APPLICATION FOR APPROVAL TO AMEND ITS DISTRIBUTION COST
RECOVERY FACTOR PURSUANT TO 16 TEX. ADMIN. CODE §25.243 TO INCREASE
DISTRIBUTION RATES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE
CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE
COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND PROVIDING FOR AN
EFFECTIVE DATE.
The motion carried.
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MAY 28,2019 PAGE 3
Regular Agenda
8. Conduct a Public Hearing and Adopt an Ordinance to Establish a Planned Development Zoning
District with a Base Zoning of Central Business District "CBD" and to Adopt Development
Regulations, Concept Plan, Building Elevations, Architectural Plan, Open Space Plan, and
Street Cross Sections for Approximately 12.28± Acres Generally Located at the Northeast
Quadrant of U.S.Highway 75 and W.Main Street and Bounded by Anna Drive,Main Street,U.S.
Highway 75,and the Southern boundary of Block A and C of Whisenant Estates Addition. [Allen
City Center-Urban Residential and Office Uses]
The Public Hearing was not held,but Mayor Terrell 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:
Paula Cheek. 903 Glen Rose,Allen,Texas;
Judy Cote, 710 Rockcrossing Lane,Allen,Texas;
Kelly Cunningham, 727 Fairlawn Street,Allen,Texas;
Doug Gallagher,204 Glenwick Place,Allen,Texas;
Kevin Handy, 1858 Villa Drive,Allen,Texas;
Devin Hudson, 407 Daisy Drive,Allen,Texas;
Melaine Hughes,920 Rush Creek Drive,Allen,Texas;
Katie Loftus,302 N.Anna Drive,Allen,Texas;
Jim Longley,209 Exchange Place,Allen,Texas;
Louis Mancuso,304 N.Anna Drive,Allen,Texas;
Adelia Scaife,403 W. Coats Drive,Allen,Texas;
Katy Seitzler,217 Sycamore Creek Road,Allen,Texas;
David Shafer,351 Chaparral#104,Allen,Texas;
Misty Strebeck, 302 N. Bonham Drive,Allen,Texas;
William Switzer,402 N. Bonham Drive,Allen,Texas; and,
Charles Webb, 1609 Roanoke Drive,Allen,Texas
The following individuals did not speak but wished to record their opposition of the item:
Judy Adams,409 W. Coats Drive,Allen,Texas;
Connie Budz, 503 W. Coats Drive,Allen,Texas;
Ken Budz, 503 W. Coats Drive,Allen,Texas;
Alyson Casey, 1514 Flameleaf Drive,Allen,Texas;
Scott Croskey, PO Box 137,Allen,Texas;
Leslie Dicus, 802 Glen Rose,Allen,Texas;
Steve Dicus, 802 Glen Rose,Allen,Texas;
Richard Everett,213 Lynge Drive,Allen,Texas;
Jeffrey Giles,406 W.Main Street,Allen,Texas;
Marina Gutierrez, 303 N. Bonham Drive,Allen,Texas;
John Humen,206 Central Expressway N.,Allen,Texas;
Margaret Ives,401 W. Coats Drive,Allen,Texas;
Rick Ives,401 W. Coats Drive,Allen,Texas;
Kathleen Jasper,213 Lynge Drive,Allen,Texas;
Randy Johnson,407 W. Coats Drive,Allen,Texas;
Sherilyn Kunkel, 9 Cedar Elm Circle,Allen,Texas;
Michelle Mancuso,304 N.Anna Drive,Allen,Texas;
Nelda McCroskey, 502 W.Coats Drive,Allen,Texas;
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Daryl Rhyner, 302 Fairfax Drive,Allen,Texas;
Debbie Rhyner,302 Fairfax Drive,Allen,Texas;
Carmen Roy,400 W.Coats Drive,Allen,Texas;
Monty Roy,400 W. Coats Drive,Allen,Texas;
Dawn Scaife,909 Carlsbad Drive,Allen,Texas;
Gene Scaife, 909 Carlsbad Drive,Allen,Texas;
Julie Schornack, 1103 Shumard,Allen,Texas;
Herbert Tretter, 1322 Edelweiss Drive,Allen,Texas;
Sean Welch, 1414 Shiloh,Allen,Texas;and,
Mary Wong, 111 Melody Mall Drive,Allen,Texas
MOTION: Upon a motion made by Councilmember Schulmeister and a second by Mayor Pro Tem
Caplinger, the Council voted six (6) for and one (1) opposed, with Councilmember Brooks
casting the negative vote, to remand this item to the Planning and Zoning Commission for
consideration of revised plans.The motion carried.
Mayor Terrell recessed the meeting at 8:44 p.m. and reconvened the meeting at 8:54 p.m.
9. Conduct a Public Hearing and Adopt an Ordinance Granting a Specific Use Permit for a Medical
or Dental Office Use for and Approximately 3,600±Square Foot Portion of a Building Generally
Located North of Prestige Circle and Directly West of Jupiter Road(And Commonly Known as
600 S.Jupiter Road). [DFW ABA Center]
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 individual did not speak but wished to record his support of the item:
William Switzer, 402 N.Bonham Drive,Allen,Texas
Mayor Terrell closed the public hearing.
ORDINANCE NO. 3670-5-19: 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. 169 AUTHORIZING AN APPROXIMATELY 3,600± SQUARE FOOT PORTION OF THE
BUILDING LOCATED ON LOT 1, BLOCK 1, ALLEN CHURCH OF CHRIST ADDITION AND
WITHIN A COMMUNITY FACILITIES "CF" ZONING DISTRICT TO BE USED FOR A
MEDICAL OR DENTAL OFFICE 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 Clemencich and a second by Councilmember
Doherty,the Council voted seven(7) for and none(0)opposed to adopt Ordinance No. 3670-
5-19, as previously captioned, granting Specific Use Permit No. 169 for a Medical or Dental
Office use for DFW ABA Center.The motion carried.
10. Conduct a Public Hearing and Adopt an Ordinance to Establish a Specific Use Permit for a Banks
and Financial Institutions Use for an Approximately 3,182± Square Foot Portion of a Building
and Detached,Accessory ATM Generally Located at the Northwestern Corner of the Intersection
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of W. Exchange Parkway and N. Watters Road (and Commonly Known as 1010 W. Exchange
Parkway,Building B). [Twin Creeks Village-Bank]
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. 3671-5-19: 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. 170 AUTHORIZING AN APPROXIMATELY 3,182± SQUARE FOOT PORTION OF THE
BUILDING AND DETACHED ACCESSORY ATM LOCATED ON LOT 1,BLOCK A,LEGENDS
AT TWIN CREEKS BUSINESS ADDITION AND CURRENTLY ZONED AS PLANNED
DEVELOPMENT PD NO. 108 MIXED USE "MIX" ZONING DISTRICT TO BE USED FOR A
BANKS AND FINANCIAL INSTITUTIONS 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 Brooks and a second by Councilmember
Schulmeister, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
3671-5-19,as previously captioned, for Specific Use Permit No. 170 for a Banks and Financial
Institutions use for a Twin Creeks Village-Bank. The motion carried.
11. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of
Planned Development PD No. 53 Shopping Center and to Adopt a Concept Plan and Building
Elevations for a Property Generally Located at the Northwestern Corner of the Intersection of
N.Alma Drive and W.Exchange Parkway. [Shops at Alma and Exchange]
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. 3672-5-19: 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 DEVELOPMENT REGULATIONS FOR A 5.511±ACRE PORTION OF"TRACT 5"IN"PD"
PLANNED DEVELOPMENT NO. 53 AS ESTABLISHED BY ORDINANCE NO. 1171-5-93, AS
AMENDED, AND ADOPTING A CONCEPT PLAN AND BUILDING ELEVATIONS;
PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING 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 Mayor Pro Tem Caplinger and a second by Councilmember Doherty,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3672-5-19, as
previously captioned, to amend the Development Regulations of Planned Development PD
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No. 53 Shopping Center"SC" and adopt a Concept Plan and Building Elevations for Lot 1R,
Block A,Kid R Kids Addition, for Shops at Alma and Exchange.The motion carried.
12. Conduct a Public Hearing and Adopt an Ordinance to Establish a Planned Development Zoning
District with a Base Zoning of Townhome Residential and to Adopt Development Regulations, a
Concept Plan, Building Elevations, and a Hardscape and Landscape Plan, for a Property
Generally Located at the Northwestern Corner of the Intersection of S. Jupiter Road and
Chaparral Road. [Villas at Chaparral]
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. 3673-5-19: 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, RELATING TO
THE USE AND DEVELOPMENT OF 4.886± ACRES OF LAND SITUATED IN THE MCBAIN
JAMISON SURVEY,ABSTRACT NO.491,PRESENTLY ZONED AS SHOPPING CENTER"SC"
BY CHANGING THE ZONING TO CREATE PLANNED DEVELOPMENT "PD" NO. 138 FOR
SINGLE-FAMILY USES WITH A BASE ZONING OF TOWNHOME RESIDENTIAL "TH';
ADOPTING A CONCEPT PLAN, BUILDING ELEVATIONS, AND HARDSCAPE AND
SCREENING PLAN; 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. 3673-5-19, as
previously captioned, to establish Planned Development PD No. 138 with a base zoning of
Townhome "TH" and to adopt a Concept Plan, Building Elevations, and Hardscape and
Landscape Plan for a property generally located at the northwestern corner of the intersection
of S. Jupiter Road and Chaparral Road for Villas at Chaparral.The motion carried.
Other Business
13. Calendar.
14. Items of Interest.
Executive Session
The Executive Session was not held.
Adiournment
MOTION: Upon a motion made by Councilmember Doherty 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 9:38 p.m. on Tuesday,May 28,2019. The motion carried.
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These minutes approved on the 11"'day of June 2019.
APPROVED:
it—
Stephen Terrell,MAYOR
ATTEST:
elley B. Re,TRMC, CITY CRETARY