Min - City Council - 2018 - 05/22 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 22, 2018
Present
Stephen Terrell, Mayor
Councilmembers:
Gary L. Caplinger, Mayor Pro Tem
Kurt Kizer
Carl Clemencich
Debbie Stout
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 (absent)
Teresa Warren, Director, Public and Media Relations Office
Peter G. Smith, City Attorney
Lauren Field, Records Management Specialist
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 6:35 p.m. on Tuesday, May 22, 2018, in the City Council Conference Room of the
Allen City Hall, 305 Century Parkway, Allen, Texas.
1. Update Regarding Active Construction Projects.
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 7:04 p.m. on
Tuesday, May 22, 2018.
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 22, 2018, in the Council Chambers of the Allen City Hall,
305 Century Parkway, Allen, Texas.
Pledge of Allegiance
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 22, 2018 PAGE 2
' Administration of the Oath -of -Office and
Presentation of the Certificate -of -Election
Records Management Specialist Field administered the Oath -of -Office to reelected Councilmember Kizer and
Mayor Pro Tem Caplinger. Mayor Terrell presented Certificates -of -Election to each and offered his
congratulations.
Public Recoenition
Citizens' Comments.
Presentation of Proclamations by the Office of the Mayor.
• Presentation of a Proclamation to Lewis Boykin and Representatives of the Leathemecks
Motorcycle Club Proclaiming May 2018 as, "Motorcycle Safely and Awareness Month."
Public Recognition of the Keep Allen Beautiful Reuse -A -Shoe Contest Winners.
• 1st Place: Anderson Elementary, 1,239 pairs of shoes
• 2nd Place: Evans Elementary, 957 pairs of shoes
• 3rd Place: Bolin Elementary, 623 pairs of shoes
'
Consent Auenda
MOTION: Upon a motion made by Councilmember Brooks and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to adopt all items on the Consent Agenda as
follows:
Approve Minutes of the May 8, 2018, Regular City Council Meeting.
Approve Minutes of the May 15, 2018, Special Meeting for the Canvass of the Election.
Adopt an Ordinance Amending the Code of Ordinances Chapter 6 "Health and Environment,"
Article VIII "Environmental Health" by Amending Various Provisions of Section 6.235
"Amendments to the Texas Food Establishment Rules" Setting Forth the Regulation of Food
Establishments and by Amending Section 6-242 "Permits and Inspections" Relating to the
Issuance of Permits and Conduct of Inspections of Food Service Establishments.
ORDINANCE NO. 3572-5-18: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 6
"HEALTH AND ENVIRONMENT," ARTICLE VDI "ENVIRONMENTAL HEALTH" BY
AMENDING VARIOUS PROVISIONS OF SECTION 6-235 "AMENDMENTS TO THE TEXAS
FOOD ESTABLISHMENT RULES" SETTING FORTH THE REGULATION OF FOOD
ESTABLISHMENTS AND BY AMENDING SECTION 6-242 "PERMITS AND INSPECTIONS"
RELATING TO THE ISSUANCE OF PERMITS AND CONDUCT OF INSPECTIONS OF FOOD
SERVICE ESTABLISHMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 22, 2018 PAGE 3
7. Ratify the Contract Executed by the City Manager with Insituform Technologies, L.L.C., for an
Emergency Repair to an 18" Aerial Crossing Sewer Line in the Amount of $139,928.
8. Receive the Summary of Property Tax Collections as of April 2018.
The motion carried.
Regular Agenda
9. Adopt a Resolution Establishing Rates and Fees for Commercial and Residential Solid Waste,
Recycling and Household Hazardous Waste Services.
RESOLUTION NO. 3573-5-18(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 SEV ERABILrrY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councdmember Sedlacek and a second by Councilmember Brooks,
the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 3573-5-I8(R),
as previously captioned, establishing new rates and fees for commercial and residential solid
waste, recycling, and household hazardous waste services. The motion carried.
' 10. Adopt a Resolution Establishing New Rates and Fees for Wrecker and Impound Services for
Consent and Non -Consent Tows for the Allen Police Department.
RESOLUTION NO. 3574.5-18(R: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING TOWING AND STORAGE FEES;
PROVIDING A REPEALING CLAUSE; 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 Resolution No. 3574-5-I8(R),
as previously captioned, establishing new rates and fees for wrecker and impound services for
consent and non -consent tows for the Allen Police Department. The motion carried.
11. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code
for the Following: (1) Amending Section 410.2 "Schedule of Principal Uses" by adding "Food
Truck Park" and removing "Carnival or Circus" and "Fairgrounds"; (2) Amending Section
410.4 "Schedule of Principal Uses Central Business District" by adding "Food Truck Park"; (3)
amending Section 6.04.1 "Temporary Use Permit Applications"; and (4) Amending Section 6.06
"Supplemental Use Regulations" by Adding Section 6.06.15 "Mobile Food Vendors" Relating to
Supplemental Development and Use Regulations for Mobile Food Vendors.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
t With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 3575.5-18: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE,
AS PREVIOUSLY AMENDED, BY AMENDING SECTION 4.20.2 "SCHEDULE OF PRINCIPAL
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 22, 2018
PAGE 4
' USES" BY ADDING "FOOD TRUCK PARK" AND DELETING "CARNIVAL OR CIRCUS" AND
"FAIRGROUNDS OR RODEO" AS A USE; AMENDING SECTION 4.20.4 "SCHEDULE OF
PRINCIPAL USES —CENTRAL BUSINESS DISTRICT" BY ADDING "FOOD TRUCK PARK" AS
A USE; AMENDING SECTION 6.04.1 "TEMPORARY USE APPLICATIONS" RELATING TO
THE APPLICATION FOR AND ISSUANCE OF PERMITS FOR CERTAIN TEMPORARY USES;
AMENDING SECTION 6.06 "SUPPLEMENTAL REGULATIONS" BY ADDING SECTION
6.06.15 "MOBILE FOOD ESTABLISHMENTS" RELATING TO THE DEVELOPMENT
STANDARDS FOR MOBILE FOOD ESTABLISHMENTS; PROVIDING A CONFLICTS
RESOLUTION CLAUSE; PROVIDING A SEVERABILffY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FIVE NOT TO EXCEED THE SUM OF
TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Sedlacek, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3575-5-I8, as
previously captioned, amending the Allen land Development Code relating to regulations for
mobile food vendors. The motion carried.
12. Conduct a Public Hearing and Adopt an Ordinance to Establish Planned Development No. 136
with a Base Zoning of Shopping Center and Authorizing a Daycare Use Following Approval of a
Specific Use Permit on Lot 1, Pete Ford Medical Addition, Generally Located South of Main
Street and east of U.S. Highway 75. [Planned Development, Shopping Center - Daycare Use]
' 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. 3576.5-18: 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, PETE FORD MEDICAL ADDITION, PRESENTLY ZONED AS
SHOPPING CENTER "SC" BY CHANGING THE ZONING TO CREATE PLANNED
DEVELOPMENT "PD" NO. 136 WITH A BASE ZONING OF SHOPPING CENTER "SC" TO
INCLUDE DAYCARE AS A PERMITTED USE FOLLOWING APPROVAL OF A SPECIFIC USE
PERMIT; 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
Clemencich, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
3576-5-18, as previously captioned, to establish Planned Development No. 136 with a base
zoning of Shopping Center authorizing a Daycare use following approval of a Specific Use
Permit. The motion carried.
' 13. Conduct a Public Hearing and Adopt an Ordinance Authorizing Specific Use Permit No. 162 for
a Daycare Use for an Approximately 1,786* Square Foot Portion of a Building Generally Located
South of Main Street and East of U.S. Highway 75. [Daycare Use]
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 22, 2018
PAGE 5
' 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. 3577-5-18: 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. 162 AUTHORIZING AN APPROXIMATELY 1,786± SQUARE FOOT PORTION OF A
BUILDING LOCATED ON LOT 1, PETE FORD MEDICAL ADDITION, PRESENTLY ZONED
FOR PLANNED DEVELOPMENT "PD" NO. 136 SHOPPING CENTER "SC" TO BE USED FOR
A DAYCARE 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 Stout and a second by Councilmember Brooks, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3577-5-18, as
previously captioned, authorizing Specific Use Permit No. 162 for Daycare use. The motion
carried.
Other Business
' 14. Calendar.
May 28 - Memorial Day Holiday
June 4 - 12 - City of Allen Runoff Election - Early Voting Period
June 16- Runoff Election Day, 7 a.m. - 7 p.m.
15. Items of Interest.
• Council wished happy birthday to Mayor Pro Tem Caplinger and Public Media Relations Director
Warren.
Executive Session
The Executive Session was not held.
Adjournment
NIU IION: Upon a motion made by Councilmember Stout 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 7:58 p.m. on Tuesday, May 22, 2018. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 22, 2018
' These minutes approved on the 12'^ day of June 2018.
APPROVED:
ATTEST:
7a�� �
Shelley B. George, RMC, CITY SECRETARY
PAGH 6