Min - City Council - 2021 - 08/10 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 10,2021
Present:
Kenneth M.Fulk,Mayor
Councilmembers:
Baine Brooks,Mayor Pro Tern(absent)
Daren Meis
Carl Clemencich
Dave Cornette
Chris Schulmeister
Dave Shafer
City Staff:
Eric Ellwanger,City Manager
Eric Strong,Deputy City Manager
Tim Dentler,Assistant City Manager(absent)
Rebecca Vice,Assistant City Manager
Shelley B. George,City Secretary
Teresa Warren,Director,Public and Media Relations
Rocio Gonzalez,Deputy City Secretary(absent)
Pete 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 Fulk at 6:00 p.m.on Tuesday,August 10,2021,in the Basement Meeting Rooms of Allen City
Hall,305 Century Parkway,Allen,Texas.
1. Introduction of Kirk Arnold,Boardmember of the Allen Convention and Visitors Bureau.
2. Introduction to the FY2021-22 Proposed Budget.
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 6:51 p.m. on
Tuesday,August 10,2021.
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 Fulk at 7:00 p.m. on Tuesday,August 10, 2021, in the City Council Chambers of Allen City
Hall,305 Century Parkway,Allen,Texas.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 10,2021 PAGE 2
Pledge of Allegiance
Public Recognition
1. Citizen's Comments.
Ken Byler, 204 Allenwood,Allen,Texas, expressed his support for naming the courtyard at the Allen
Public Library after Ruth Pringle.
The following individuals expressed support for holding the Council Budget Workshop in Allen:
• Paula Cheek,903 Glen Rose Drive,Allen,Texas;
• Jeff Lytle, 107 Windsong Way,Allen,Texas;
• Matt Thorsen,600 Ridgemont Drive,Allen,Texas;-and
• Elle Larkin, 818 Rushmore Drive,Allen,Texas.
2. Recognition of the Budget Division for Receipt of the GFOA Distinguished Budget Presentation
Award for the Fiscal Year beginning October 1,2020.
3. Presentation of the Allen Convention and Visitors Bureau Annual Report by Boardmember Kirk
Arnold.
Consent Agenda
Councilmember Meis requested item 7 be removed from the Consent Agenda.
MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Meis, the
Council voted six(6) for and none (0) opposed to adopt the remaining items on the Consent
Agenda as follows:
4. Approve Minutes of the July 27,2021,Regular City Council Meeting.
5. Adopt an Ordinance Amending the Code of Ordinances, Chapter 8, "Licenses and Business
Regulations,"Article II, "Alcoholic Beverages," Section 8-16, "Sale of Alcoholic Beverages from
a Package Liquor Store Prohibited Near Churches,Schools and Hospitals,"by Amending Section
8-16 Regulating the "Sale of Alcoholic Beverages from a Package Liquor Store Prohibited Near
Churches,Schools and Hospitals."
ORDINANCE NO. 3843-8-21: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN,COLLIN COUNTY, TEXAS,AMENDING THE CODE OF ORDINANCES BY RETITLING
AND AMENDING SECTION 8-16 "SALE OF ALCOHOLIC BEVERAGES FROM A PACKAGE
LIQUOR STORE PROHIBITED NEAR CHURCHES, SCHOOLS,AND HOSPITALS";'PROVIDING
FOR A REPEALING CLAUSE; PROVIDING 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.
6. Award Bid and Authorize the City Manager to Execute a Contract with North Rock
Construction,LLC,for Parking Lot Improvements at Spirit Park in the Amount of$266,010.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 10,2021 PAGE 3
The motion carried.
7. Authorize the City Manager to Execute a Professional Services Agreement with Alliance
Geotechnical Group, Inc., for Professional Testing and Special Inspection Services for the
Stephen G.Terrell Recreation Center in the Amount of$355,760.
MOTION: Upon a motion made by Councilmember Meis and a second by Councilmember Schulmeister,
the Council voted six (6) for and none (0) opposed to execute a Professional Services
Agreement with Alliance Geotechnical Group, Inc., for Professional Testing and Special
Inspection Services for the Stephen G. Terrell Recreation Center in the Amount of$355,760.
The motion carried.
Regular Agenda
8. Conduct a Public Hearing and Adopt an Ordinance to Establish a Planned Development Zoning
District with a Base Zoning of Community Facilities and to Adopt Development Regulations,
Concept Plan and Sign Elevations on Lot 1R, Block A,Ridgeview Memorial Park; Generally
Located at the Southwestern Corner of the Intersection of Ridgeview Drive and U.S. Highway
75. [Turrentine Jackson Morrow]
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. 3844-8-.21: 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 CHANGING THE ZONING
REGULATIONS RELATING TO THE USE AND DEVELOPMENT OF LOT 1R, BLOCK A,
RIDGEVIEW MEMORIAL PARK, FROM COMMUNITY FACILITIES (CF) TO PLANNED
- DEVELOPMENT NO. 144 (PD-144) FOR COMMUNITY FACILITIES USES; ADOPTING
DEVELOPMENT REGULATIONS,A CONCEPT PLAN,AND SIGN ELEVATIONS; 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 Shafer and a second by Councilmember Cornette,the
Council voted six (6) for and none,(0) opposed to approve'Ordinance No. 3844-8-21, as
previously captioned, to establish Planned Development No. 144 with a base zoning of
Community Facilities and to adopt a Concept Plan and Sign Elevations for Lot 1R,Block A,
Ridgeview Memorial Park. The motion carried.
9. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of
Planned Development No. 55 with a Base Zoning of Commercial/Office for Lot 3R-2, Block A,
Millennium Office Park By Amending the Regulations Pertaining to Temporary Events;
Generally Located at the Northeastern Corner of the Intersection of Watters Creek Boulevard
and Bethany Drive. [Marriott-Temporary Events]
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 10,2021 PAGE 4
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. 3845-8-21: 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 USE AND
DEVELOPMENT REGULATIONS OF LOT 3R-2, BLOCK A, MILLENNIUM OFFICE PARK,
- LOCATED IN AND -SUBJECT TO THE REGULATIONS OF TRACT 10A-1 OF PLANNED
DEVELOPMENT "PD" NO. 55 TO ALLOW SAID PROPERTY TO CHANGE REGULATIONS
PERTAINING TO TEMPORARY USES; 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 Clemencich and a second by Councilmember
Schulmeister,the Council voted four(4)for and two(2)opposed with Councilmember Shafer
and Councilmember Corvette casting the negative votes,to approve Ordinance No.3845-8-21,
as previously captioned,to amend the Development Regulations of Planned Development No.
55 with a base zoning of Commercial/Office for Lot 3R-2,Block A,Millennium Office Park.
The motion carried.
10. Conduct a Public Hearing and Adopt an Ordinance to Amend the Allen Land Development Code,
Amending: Section 4.06 The Application Process For Zoning Amendments; Sections 4.08.19,
4.15.1.1, 6.04.1.4, 6.06.9, 6.06.10, And 7.04.1.2 Changing The Word "Church" To "Religious
Facility"; Section 4.10 Regarding Building Permit Requirements For Accessory Structures;
Article IV Adding Section 4.11 "Commercial Accessory Use Regulations; Section 4.15.1 To
Clarify Certain Setback Regulation; Section 4.20.2 By Removing The Uses "Beer & Wine
Package Sales," "Beer &Wine Package Sales With Greater Than 50% Revenue From Beer&
Wine" And "Dance/Martial Arts Studios" And Changing "Church, Temple Or Rectory" To
Read"Religious Facility";Section 4.20.3 By Removing The Use"Gymnastics/Dance Studio"And
Adding The Use "Personal Service Business"; Section 4.20.4 By Changing The Word "Church"
To "Religious Facility," Adding The Uses "Fitness And Health Center" And "Personal Service
Business" And Changing The Phrase "Restaurant/Private Club" To "Private Club"; Section
4.20.5"Schedule Of Accessory Uses-Central Business District"By Amending The Uses"Fitness
And Health Center" And "Personal Service Business"; Section 6.01.1 "Purpose Of Specific Use
Permits"; Section 6.03.6 "Restaurants With Food And Beverage Certificates—Permit Process,"
By Changing "Planning And Development Department" To Read"Community Development
Department"; Repealing Section 6.03.8. "Beer And Wine Package Sales—Regulations" And
Section 6.03.9 "Beer And Wine Package Sales Permit Process"; Section 6.04.1.4 By Amending
Certain Regulations Regarding Seasonal Sales And Temporary Sales; Section 6.06.8 By
Amending Regulations Pertaining To Donation Boxes; Section 7.03.4 "Outdoor Lighting" To
Prohibit High Pressure Sodium Lamp Types And Permit Additional Types Of Parking Lot
Lighting Elements;Table 7.04.1 By Changing"Church,Temple Or Rectory"To Read"Religious
Facility"; Section 7.04.2 "Off-Street Loading" By Changing "SH 5" To Read "Greenville
Avenue"; Section 7.07 "Fences And Walls" By Deleting The Reference To "Appendix F" In
Subsection 2.a,And Changing "Wrought Iron" To "Metal" In Subsection 4.f.; Section 7.08.4.a
"Performance Standards"To Exclude Certain Residential Devices.; Section 8.03.3 "Preliminary
Plat" And Section 8.03.4 "Final Plat" By Amending Certain Required Plat Notes Relating To
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 10,2021 PAGE 5
Open Space; Section 8.11 By Amending Regulations Relating To The Types Of Permitted And
Prohibited Streetlight Fixtures And Related.Design And Installation Regulations;'And Appendix
A"Definitions,"By Deleting Definitions For"Beer And Wine Package Sales," "Church,Temple
Or Rectory," "Dance/Martial Arts Studio," "Gymnastics Training Center," And "Personal
Service," Amending The Definition Of "Personal Service Business," Adding Definition For
"Religious Facility;" Renumbering and/or Reformatting Sections 6.06.2, 6.06.3, 6.06.8, 6.06.10,
6.06.11,6.06.13,6.06.14,6.06.15 Without Changing Any Text Except Otherwise Set Forth In This
Ordinance.
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. 3846-8-21: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN,COLLIN COUNTY,TEXAS,AMENDING THE ALLEN LAND DEVELOPMENT CODE,
AS AMENDED, BY AMENDING: SECTION 4.06 "CHANGES AND AMENDMENTS"
REGARDING THE APPLICATION PROCESS FOR ZONING AMENDMENTS; SECTIONS
4.08.19,4.15.1.1,6.04.1.4,6.06.9,6.06.10,AND 7.04.1.2 BY CHANGING THE WORD"CHURCH"
TO "CHURCH OR OTHER RELIGIOUS FACILITY"; SECTION 4.10 "RESIDENTIAL
ACCESSORY USE REGULATIONS"REGARDING BUILDING PERMIT REQUIREMENTS FOR
ACCESSORY STRUCTURES;ARTICLE IV"ZONING REGULATIONS"BY ADDING SECTION
111 4.11 "COMMERCIAL ACCESSORY USE REGULATIONS; SECTION 4.15.1 "GENERAL
HEIGHT AND AREA PROVISION" TO CLARIFY CERTAIN SETBACK REGULATION;
SECTION 4.20.2 "SCHEDULE OF PRINCIPAL USES" BY REMOVING THE USES "BEER &
WINE PACKAGE SALES," "BEER & WINE PACKAGE SALES WITH GREATER THAN 50%
REVENUE FROM BEER & WINE" AND "DANCE/MARTIAL ARTS STUDIOS" AND
CHANGING"CHURCH, TEMPLE OR RECTORY"TO READ"CHURCH,TEMPLE,RECTORY,
OR OTHER RELIGIOUS FACILITY" WHERE IT APPEARS; SECTION 4.20.3 "SCHEDULE OF
ACCESSORY USES" BY REMOVING THE USE "GYMNASTICS/DANCE STUDIO" AND
ADDING THE USE "PERSONAL SERVICE BUSINESS"; SECTION 4.20.4 "SCHEDULE OF
PRINCIPAL USES—CENTRAL BUSINESS DISTRICT" BY CHANGING THE WORD
"CHURCH" TO READ "CHURCH OR OTHER RELIGIOUS FACILITY," ADDING THE USES
"FITNESS AND HEALTH CENTER" AND "PERSONAL SERVICE BUSINESS" AND
CHANGING THE PHRASE "RESTAURANT/PRIVATE CLUB" TO READ "PRIVATE CLUB";
SECTION 4.20.5 "SCHEDULE OF ACCESSORY USES - CENTRAL BUSINESS DISTRICT"BY
AMENDING THE USES "FITNESS AND HEALTH CENTER" AND "PERSONAL SERVICE
BUSINESS"; SECTION 6.01.1 "PURPOSE OF SPECIFIC USE PERMITS"; SECTION 6.03.6
"RESTAURANTS WITH FOOD AND BEVERAGE CERTIFICATES—PERMIT PROCESS," BY
CHANGING "PLANNING AND DEVELOPMENT DEPARTMENT" TO READ "COMMUNITY
DEVELOPMENT DEPARTMENT"; REPEALING SECTION 6.03.8. "BEER AND WINE
PACKAGE SALES—REGULATIONS" AND SECTION 6.03.9 "BEER AND WINE PACKAGE
SALES PERMIT PROCESS"; SECTION 6.04.1.4"TYPES OF TEMPORARY USE PERMITS"BY
AMENDING CERTAIN REGULATIONS REGARDING SEASONAL SALES AND TEMPORARY
SALES; SECTION 6.06.8 "OUTDOOR STORAGE AND DISPLAY" BY AMENDING
REGULATIONS PERTAINING TO DONATION BOXES; SECTION 7.03.4 "OUTDOOR
LIGHTING" TO PROHIBIT HIGH PRESSURE SODIUM LAMP TYPES AND PERMIT
ADDITIONAL TYPES OF PARKING LOT LIGHTING ELEMENTS; TABLE 7.04.1 IN SECTION
7.04.1. "VEHICLE PARKING"BY CHANGING"CHURCH,TEMPLE OR RECTORY"TO READ
"CHURCH,TEMPLE,RECTORY, OR OTHER RELIGIOUS FACILITY"; SECTION 7.04.2"OFF-
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 10,2021 PAGE 6
STREET LOADING"BY CHANGING"SH 5" TO READ "GREENVILLE AVENUE"; SECTION
7.07 "FENCES AND WALLS" BY DELETING THE REFERENCE TO "APPENDIX F" IN
SUBSECTION 2.a, AND CHANGING "WROUGHT IRON" TO READ "METAL" IN
SUBSECTION 4.f.; SECTION 7.08 "PERFORMANCE STANDARDS" TO EXCLUDE CERTAIN
RESIDENTIAL DEVICES FROM THE REQUIREMENTS OF SECTION 7.08.4.a.;SECTION 8.03.3
"PRELIMINARY PLAT"AND SECTION 8.03.4"FINAL PLAT"BY AMENDING THE TEXT OF
CERTAIN REQUIRED PLAT NOTES RELATING TO OPEN SPACE; SECTION 8.11 "STREET
LIGHTS"BY AMENDING REGULATIONS RELATING TO THE TYPES OF PERMITTED AND
PROHIBITED STREETLIGHT FIXTURES AND RELATED DESIGN AND INSTALLATION
REGULATIONS;AND APPENDIX A"DEFINITIONS,"BY DELETING THE DEFINITIONS FOR
"BEER AND WINE PACKAGE SALES," "CHURCH, TEMPLE OR RECTORY,"
"DANCE/MARTIAL ARTS STUDIO," "GYMNASTICS TRAINING CENTER," AND
"PERSONAL SERVICE," AMENDING THE DEFINITION OF "PERSONAL SERVICE
BUSINESS," AND ADDING A DEFINITION FOR 'CHURCH OR OTHER RELIGIOUS
FACILITY;" RENUMBERING AND/OR REFORMATTING SECTIONS 6.06.2„ 6.06.3, 6.06.8,
6.06.10. 6.06.11, 6.06.13, 6.06.14, 6.06.15 WITHOUT CHANGING ANY TEXT EXCEPT
OTHERWISE SET FORTH IN THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE 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 Schulmeister and a second by Councilmember
Cornette,the Council voted six(6)for and none(0)opposed to approve Ordinance No. 3846-
8-21,as previously captioned,to amend the Allen Land Development Code with an amendment
changing"Religious Facility"to"Church or Religious Facility." The motion carried.
Other Business
11. Calendar.
• August 13-15—City Council Budget Workshop,Tanglewood Resort and Conference Center
12. Items of Interest.
• Council wished happy birthday to Councilmember Clemencich.
• Councilmember Schulmeister announced the relocation of the World Headquarters of MD7 to
Allen.
Executive Session
The Executive Session was not held.
13. Reconvene and Consider Action on Items Resulting from Executive Session.
Adjournment
MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Cornette,the
Council voted six (6) for and none (0) opposed to adjourn the Regular Meeting of the Allen
City Council at 8:40 p.m.on Tuesday,August 10,2021. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 10,2021 PAGE 7
These minutes approved on the 10th day of August 2021.
•
APPRO D:
- Kenneth M.Fulk,MAY R
ATTEST:
'''"(C- 19-11
Shelley B.Geo C,CIT ECRETARY