Min - City Council - 2019 - 02/26 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 26,2019
Present:
Stephen Terrell,Mayor
Councilmembers:
Gary L. Caplinger,Mayor Pro Tern
Kurt Kizer
Carl Clemencich
Lauren Doherty
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
Peter G. Smith, City 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 6:30 p.m. on Tuesday, February 26, 2019, in the City Council Conference Room of
the Allen City Hall, 305 Century Parkway,Allen,Texas.
1. Update Regarding a Council Dais Voting/Speaker System.
2. Update Regarding the Allen USA Celebration.
3. Committee Updates from City Council Liaisons.
4. Questions on Current Agenda.
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:02 p.m. on
Tuesday,February 26,2019.
Call to Order and Announce a Quorum 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 7:04 p.m. on Tuesday,February 26,2019,in the Council Chambers of the Allen City
Hall, 305 Century Parkway,Allen,Texas.
Pledge of Allegiance
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 26,2019 PAGE 2
Public Recognition
1. Citizens'Comments.
Melanie Hughes, 920 Rush Creek Drive, Allen, Texas, expressed support for option #1 for Agenda
Items 9 and 10.
Consent Agenda
MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember Brooks,
the Council voted seven(7)for and none(0)opposed to adopt all items on the Consent Agenda
as follows:
2. Approve Minutes of the February 12,2019,Regular City Council Meeting.
3. 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 an Enhanced Crime Victim Services Program.
RESOLUTION NO.3642-2-19(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR
TERMINATE GRANT#3795201 FROM THE STATE OF TEXAS,OFFICE OF THE GOVERNOR,
CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR AN ENHANCED CRIME VICTIM
SERVICES PROGRAM, IF AWARDED; AND PROVIDING FOR AN EFFECTIVE DATE
4. Adopt a Resolution Authorizing the City Manager to Apply For, Accept, Reject, Alter, or
Terminate the Third Year of a Three-Year Grant from the State of Texas,Office of the Governor,
Criminal Justice Division to Fund a Third Child Abuse Investigator.
RESOLUTION NO.3643-2-19(R):A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR
TERMINATE GRANT#3339603 FROM THE STATE OF TEXAS,OFFICE OF THE GOVERNOR,
CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A CHILD ABUSE
INVESTIGATOR POSITION TO BE ASSIGNED TO THE COLLIN COUNTY CHILDREN'S
ADVOCACY CENTER, IF AWARDED; AND PROVIDING FOR AN EFFECTIVE DATE.
5. 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 Third Criminalist(Crime Scene Investigator).
RESOLUTION NO.3644-2-19(R):A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, TO APPLY FOR, ACCEPT, REJECT, ALTER, OR
TERMINATE GRANT#3795301 FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR,
CRIMINAL JUSTICE DIVISION PROVIDING FUNDING FOR A CRIMINALIST(CRIME SCENE
INVESTIGATOR) POSITION TO BE ASSIGNED TO THE ALLEN POLICE DEPARTMENT, IF
AWARDED;AND PROVIDING AN EFFECTIVE DATE.
6. Receive the Summary of Property Tax Collections as of January 2019.
The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 26,2019 PAGE 3
Regular Agenda
7. Adopt an Ordinance Amending the Code of Ordinances,Chapter 3,"Animals and Fowl"Altering
Certain Definitions, Allowing for Multi-Year Registration, Mandating Impounded Animals be
Micro-Chipped Prior to Release, Clarifying Rules for the Transfer of Custody to Rescue
Organizations,and Various Other Clarifying Amendments.
ORDINANCE NO. 3645-2-19: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 3, SECTION 3-1 BY DELETING THE DEFINITION OF "VICIOUS
ANIMAL", BY CHANGING THE DEFINITION OF "ASSISTANCE ANIMAL" TO "SERVICE
ANIMAL", AND BY AMENDING THE DEFINITION OF "RESCUE GROUP"; BY AMENDING
SECTION 3-5(a) TO AMEND THE REGISTRATION PERIOD FOR CERTAIN ANIMALS; BY
AMENDING SECTION 3-9 TO ADD SUBSECTION (c) REQUIRING DOGS, CATS AND
FERRETS RELEASED FROM IMPOUNDMENT TO BE MICROCHIPPED; BY AMENDING
SECTION 3-11 (d)(1)AND(4)REGARDING RESCUE OF ANIMALS BY RESCUE GROUP AND
RELATED FEES; BY DELETING SECTION 3-12 (b)(3)(c); BY AMENDING SECTION 3-16
(c)(1)(c) REGARDING REGISTRATION PHOTOGRAPHS FOR DANGEROUS DOGS; BY
AMENDING SECTION 3-16 (d)(3) AND 3-16 (e) BY CHANGING THE REFERENCES TO
"DESTROYED" TO "HUMANELY EUTHANIZED"; BY AMENDING SECTION 3-20
SUBSECTION (c) REGARDING DOCKING A DOG'S TAIL AND SUBSECTION (d)
REGARDING THE CONFINEMENT OF AN ANIMAL IN A PARKED OR STANDING VEHICLE;
PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Brooks,
the Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 3645-2-19, as
previously captioned, amending the Code of Ordinance, Chapter 3, "Animals and Fowl. The
motion carried.
8. Adopt a Resolution Amending and Restating Animal Control Fees and Charges.
RESOLUTION NO.3646-2-19(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING ANIMAL CONTROL FEES AND
CHARGES; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Councilmember Doherty,
the Council voted seven(7) for and none (0) opposed to adopt Resolution No. 3646-2-19(R),
as previously captioned, amending and restating animal control fees and charges with an
amendment to remove the senior discount for unsterilized animals.The motion carried.
Mayor Terrell moved to Agenda Item 13.
Mayor Terrell announced the Executive Session then recessed the Regular Agenda at 7:30 p.m.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 26,2019 PAGE 4
Executive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
7:30 p.m.on Tuesday,February 26,2019,in the Council Conference Room,305 Century Parkway,Allen,Texas,
in order to discuss matters pertaining to:
13. Consultation with City Attorney Pursuant to Section 551.071 of the Texas Government Code—
Discussion Regarding the Petitions Submitted by the Allen Police Association and the Allen
Firefighters Association, IAFF Local 3453, Requesting Recognition as the Sole and Exclusive
Bargaining Agent for the Covered Police Officers and Firefighters Employed by the Allen Police and
Fire Departments.
The Executive Session adjourned at 8:08 p.m. on Tuesday,February 26, 2019.
14. Reconvene and Consider Action on Items Resulting from Executive Session.
The Allen City Council reconvened into the Regular Meeting at 8:10 p.m. on Tuesday,
February 26,2019. The following action was taken on items discussed during Executive Session.
Mayor Terrell moved to Agenda Item 9.
9. Take Action on a Petition Submitted by the Allen Firefighters Association, IAFF Local 3453
Requesting Recognition as the Sole and Exclusive Bargaining Agent for the Covered Firefighters
Employed by the Allen Fire Department Located in Allen,Texas.
Although this was not a public hearing item,Mayor Terrell asked anyone wishing to speak for or against
this item to do so at this time.
The following individuals spoke in support of option 1:
Tracy Denton,2030 Huntcliffe Court,Allen,Texas;
Jon Toney, 514 Oldbridge Drive,Allen Texas;
Scott Harrison, 202 Pine Valley Court, Fairview,Texas;
Jeremy Painkin,4520 Mac Kazer, Prosper,Texas;
Brian Woodrum,441 F.M.1395,Edgewood,Texas;
David Watsky, 12001 N. Central Expressway, Dallas,Texas; and,
Brandon Day, 731 Baxter Trail,Rockwall,Texas.
The following individuals did not speak but wished to record their support of the item:
Jeffrey Peters, 627 Haven Drive,Anna,Texas;
Justin Sullivan, 12152 County Road 1204,Anna,Texas;
Zachary Lee, 107 Butler Street,Anna,Texas; and,
Bryan Janak, 5005 Springtree Lane, Sachse,Texas
RESOLUTION NO.3647-2-19(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ACCEPTING THE PETITION OF THE ALLEN
FIREFIGHTERS ASSOCIATION, IAFF LOCAL 3453 REQUESTING RECOGNITION AS THE
SOLE AND EXCLUSIVE BARGAINING AGENT FOR THE CITY OF ALLEN FIREFIGHTERS
AND DETERMINING THAT THE CITY MAY MEET AND CONFER PURSUANT TO
SUBCHAPTER C,CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE;PROVIDING
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 26,2019 PAGE 5
A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Doherty and a second by Councilmember Sedlacek,
the Council voted five (5) for and two (2) opposed, with Mayor Terrell and Councilmember
Brooks casting the opposing votes, to adopt Resolution No. 3647-2-19(R), as previously
captioned, accepting the petition requesting recognition as the sole and exclusive bargaining
agent for the City of Allen Firefighters and determine that the City may meet and confer
pursuant to Subchapter C, Chapter 142 of the Texas Local Government Code. The motion
carried.
10. Take Action on a Petition Submitted by the Allen Police Association Requesting Recognition as
the Sole and Exclusive Bargaining Agent for the Covered Police Officers Employed by the Allen
Police Department Located in Allen,Texas.
Although this was not a public hearing item,Mayor Terrell asked anyone wishing to speak for or against
this item to do so at this time.
The following individuals spoke in support of option 1:
Matt Koehrsen 205 West McDermott Drive,Allen,Texas;
Jonathan Maness,205 West McDermott Drive,Allen,Texas; and,
Clint McNear, 1056 Lufkin Lane,Forney,Texas.
111 The following individuals did not speak but wished to record their support of the item:
Cameron Fife,205 West McDermott Drive,Allen,Texas;
Todd Cleveland,205 West McDermott Drive,Allen,Texas;
Chance Graves,205 West McDermott Drive,Allen,Texas;
Logan Poppe, 205 West McDermott Drive,Allen,Texas;
Melanie Cleveland,205 West McDermott Drive,Allen,Texas;
Damien Jacobs,205 West McDermott Drive,Allen,Texas;
John Booth, 205 West McDermott Drive,Allen,Texas;
Richard Garayna,205 West McDermott Drive,Allen,Texas;
Michael Canon,205 West McDermott Drive,Allen,Texas;
Josh Savage, 205 West McDermott Drive,Allen,Texas;
Felix Couhape, 205 West McDermott Drive,Allen,Texas; and,
Dillon Egizi,205 West McDermott Drive,Allen,Texas.
RESOLUTION NO.3648-2-19(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ACCEPTING THE PETITION SUBMITTED BY THE
ALLEN POLICE ASSOCIATION REQUESTING RECOGNITION AS THE SOLE AND
EXCLUSIVE BARGAINING AGENT FOR THE MEMBERS OF THE CITY OF ALLEN POLICE
DEPARTMENT AND DETERMINING THAT THE CITY MAY MEET AND CONFER
PURSUANT TO SUBCHAPTER B, CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT
CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Doherty and a second by Councilmember Sedlacek,
the Council voted six (6) for and one (1) opposed, with Mayor Terrell casting the opposing
vote, to adopt Resolution No. 3648-2-19(R), as previously captioned, accepting the petition
requesting recognition as the sole and exclusive bargaining agent for the City of Allen Police
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 26,2019 PAGE 6
and determine that the City may meet and confer pursuant to Subchapter C,Chapter 142 of the
Texas Local Government Code. The motion carried.
Mayor Terrell commented regarding his votes on Agenda Items 9 and 10. He stated that his vote did
not mean he was opposed to meet and confer. He wanted to have the fire fighters and police officers
certify the associations as their representatives; otherwise,he would have supported the items 100%.
Other Business
18. Calendar.
19. Items of Interest.
• Council recognized a Boy Scout from Troop 224 in attendance as a requirement for earning their
Citizenship in Community Merit Badge.
Adjournment
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 adjourn the Regular Meeting of the
Allen City Council at 9:09 p.m. on Tuesday,February 26,2019. The motion carried.
These minutes approved on the 12th day of March 2019.
APPROVED:
/164P"e"12P
Stephen Terrell,MAYOR
ATTEST:
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