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Home My WebLink AboutMin - City Council - 2023 - 05/15 - Special Called ALLEN CITY COUNCIL SPECIAL CALLED MEETING MAY 15,2023 Present: Allen City Council: Kenneth M. Fulk,Mayor Chris Schulmeister,Mayor Pro Tem 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 Rocio Gonzalez,Deputy City Secretary Teresa Warren,Director,Public and Media Relations Pete Smith, City Attorney Workshop Session The Workshop Session was not held. Regular Meeting 1. Call to Order and Announce a Quorum is Present With a quorum of the Allen City Council present,the Special Called Meeting of the Allen City Council was called to order by Mayor Fulk at 7:00 p.m. on Tuesday, May 15, 2023, in the City Council Chambers of Allen City Hall, 305 Century Parkway,Allen,Texas. 2. Pledge of Allegiance Mayor Fulk asked everyone to join him and the Allen City Council in a moment of silence in remembrance of the victims of the May 6 tragedy. 3. Consider All Matters Incident and Related to the General Election Held on May 6,2023 3.1 Conduct the Canvass of Election Returns and Adopt a Resolution Declaring the Results of the Joint General Election for City Councilmembers held on May 6,2023. ALLEN CITY COUNCIL SPECIAL CALLED MEETING MAY 15,2023 PAGE 2 Ms. George reviewed for the City Council the election returns for the City Council General Election for the City Councilmembers for Mayor and Councilmember Place No. 2. She distributed and reviewed handout materials including early voting totals, Election Day totals, and the combined Election totals. She also reviewed voting statistics, including 69,377 registered voters and 7,004 total votes,which indicated a 10.1%voter turnout. Any votes cast by military overseas ballots (FPCA - Federal Post Card Application) and provisional ballots have been verified by the Early Voting Ballot Board and are included in the verified totals.The totals verified the following results: EARLY BALLOTS REGULAR PROWS- TOTAL VOTES BY MAIL VOTES IONAL VOTES CAST CAST BALLOTS CAST MAYOR BAINE BROOKS 3,892 57 1,699 1 5,649 COUNCILMEMBER PLACE NO.2 NATHAN POLSKY 1,025 11 542 0 1,578 TOMMY BARIL 3,199 56 1,268 1 4,524 RESOLUTION NO.3996-5-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DECLARING THE RESULTS OF THE JOINT GENERAL ELECTION OF THE CITY OF ALLEN HELD MAY 6,2023,FOR THE PURPOSE OF ELECTING THE MAYOR AND CITY COUNCILMEMBER FOR PLACE NO.,2; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion by Mayor Pro Tem Schulmeister and a second by Councilmember Shafer, the Council voted seven(7)for and none(0)opposed to approve Resolution No. 3996-5-23(R),as previously captioned, declaring the results of the May 6, 2023, Joint General Election. The motion carried. Mayor Fulk announced that the Canvass of the Election was completed. 4. Reports 4.1 Community Waste Disposal(CWD)Annual Report. 5. Citizens' Comments 6. Consent Agenda MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember Cornette,the Council voted seven(7)for and none(0)opposed to approve the Consent Agenda as follows: 6.1 [Continued Item]-Approve minutes of the April 25,2023,Regular City Council Meeting. 6.2 Approve minutes of the May 9,2023,Regular City Council Meeting. ALLEN CITY COUNCIL SPECIAL CALLED MEETING MAY 15,2023 PAGE 3 6.3 [Continued Item] —Adopt an Ordinance granting a request for variances from Section 6.03.5.5(b) of the Allen Land Development Code and Section 8-16(a)(1) of the Code of Ordinances by authorizing the sale of alcoholic beverages on 12.562±acres located at the northwest corner of Exchange Parkway and N.Greenville Avenue and less than 300 feet from [property used as a public school. ORDINANCE NO.3997-5-23: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, GRANTING A VARIANCE PURSUANT TO SECTION 8-16(e) OF THE CODE OF ORDINANCES OF THE CITY OF ALLEN TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES ON 12.562± ACRES OUT OF THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, DESCRIBED IN EXHIBIT"A" HERETO LOCATED WITHIN 300 FEET OF A PUBLIC SCHOOL; PROVIDING CONDITIONS TO SUCH VARIANCE; REPEALING ORDINANCE NO. 3876-11-21; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 6.4 [Continued Item] — Authorize the City Manager to execute a contract with Lawn Star Landscape, for mowing municipal buildings, parks, rows, medians, greenbelts, and easements for$589,215,with the option for five,one-year renewals. The motion carried. 7. Regular Agenda 7.1 [Continued Item] - Adopt a Resolution establishing rates and fees for commercial and residential solid waste,recycling,and household hazardous waste services. RESOLUTION NO. 3998-5-23(R): 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 Corvette and a second by Councilmember Clemencich,the Council voted seven(7) for and none(0) opposed to approve Resolution No. 3998-5-23(R), as previously captioned, establishing rates and fees for commercial and residential solid water,recycling,and household hazardous waste services.The motion carried. 7.2 [Continued Item] - Authorize the City Manager to execute a fifth amendment to the contract for commercial and residential solid waste collection, disposal, and recycling services with Community Waste Disposal (CWD) to extend the contract period through May 31,2029,and incorporate other contract modifications. MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Cornette,the Council voted six(6)for and one(1) opposed,with Councilmember Meis casting the negative vote,to authorize the City Manager to execute a fifth amendment to the contract for commercial and residential solid waste collection,disposal, and recycling services with Community Waste Disposal (CWD) to extend the contract period through May 31, 2029 and incorporate other contract modifications. The motion carried. ALLEN CITY COUNCIL SPECIAL CALLED MEETING MAY 15,2023 PAGE 4 7.3 [Continued Item] -Conduct a Public Hearing and adopt an Ordinance for a Specific Use Permit authorizing a "Private Club" use on Lot 1, Block A, Allen Heights Shopping Center; generally located north of Main Street and west of Allen Heights Drive. [Hookah House] 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. 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 deny a Specific Use Permit for a Private Club Use. The motion carried. 7.4 [Continued Item] -Conduct a Public Hearing and adopt an Ordinance for a Specific Use Permit authorizing a "Restaurant/Private Club" use on Lot 7A-1, Block A, The Village at Allen; generally located south of Stacy Road and east of U.S. HWY 75. [Shakertins Allen] 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.3999-5-23: 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. 188 AUTHORIZING AN APPROXIMATELY 3,599± SQUARE FOOT PORTION OF A BUILDING LOCATED ON LOT 7A-1, BLOCK A, THE VILLAGE AT ALLEN, PRESENTLY ZONED FOR PLANNED DEVELOPMENT "PD"NO. 73 SHOPPING CENTER"SC"TO BE USED FOR A RESTAURANT/PRIVATE CLUB 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 Mayor Pro Tem Schulmeister and a second by Councilmember Clemencich, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3999-5-23, as previously captioned, approving Specific Use Permit No. 188 for Restaurant/Private Club use. The motion carried. 8. Other Business 8.1 Calendar. • May 23 - City Council Reception(in lieu of the Council Workshop), 5:30 p.m. • May 29 -City Facilities will be Closed in Observance of Memorial Day. • ALLEN CITY COUNCIL SPECIAL CALLED MEETING MAY 15,2023 PAGE 5 8.2 Items of Interest. • Councilmember Cornette congratulated the Allen Americans for a great season and for making it Mountain Division Finals for the 2023 Kelly Cup Playoffs. • Mayor Pro Tern Schulmeister expressed his appreciation to the Vocal Majority Choir for its special benefit concert to raise funds for the victims and the families of the May 6 tragedy. • Mayor Pro Tern Schulmeister recognized Mayor Fulk and Councilmember Clemencich for their service on the City Council. • Mayor Fulk announced Living for Zachary as his Charity of the Month for May. 9. Executive Session 10. Adjournment Mayor Fulk adjourned the Special Called Meeting of the Allen City Council at 8:05 p.m. on Tuesday, May 15,2023. These minutes were approved on the 23'day of May 2023. APPROVED: • Bai oks ATTEST: Shilley B.George C, TY SE . ETARY