Min - City Council - 2021 - 08/24 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 24,2021
Present:
Kenneth M.Fulk,Mayor
Councilmembers:
Baine Brooks,Mayor Pro Tern
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
Rebecca Vice,Assistant City Manager
Shelley B. George, City Secretary
Teresa Warren,Director,Public and Media Relations (absent)
Rocio Gonzalez,Deputy City Secretary
Chelsey Aprill,Marketing Manager
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 24,2021, in the Basement Meeting Rooms of Allen City
Hall, 305 Century Parkway,Allen,Texas.
1. Budget Workshop Follow Up Discussion.
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 6:52 p.m. on
Tuesday,August 24,2021.
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 24, 2021, in the City Council Chambers of Allen City
Hall,305 Century Parkway,Allen,Texas.
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Pledge of Allegiance
Public Recognition
1. Citizen's Comments.
• The following individuals spoke in support of the adoption of the No New Revenue Tax Rate:
o Kenneth Cook,'1160 Montgomery Blvd.,#4114,Allen,Texas;
o Paula Cheek,903 Glen Rose Drive,Allen,Texas;
o Dave Scott, 852 Emporio Drive,Allen,Texas;
o Jeff Lytle, 107 Windsong Way,Allen,Texas;
o Michelle Bishop 757 Davids Way,Allen,Texas;
o Angela Martinez, 1825 Valencia Drive,Allen,Texas;
o Matt Thorsen, 600 Ridgemont Drive,Allen,Texas;
o Karla Gant, 1917. Country Brook Lane,Allen,Texas;
o Elle Holland, 1516 Yorkshire Drive,Allen,Texas;
o Selina Martin, 601 Meadowgate Drive,Allen,Texas;
o Michael del Castillo, 1508 Terlingua Court,Allen,Texas;
o Daniel Rodriguez, 921 Garden Park Drive,Allen,Texas;
o Lori Sexty, 1302 Clearview Drive,Allen,Texas;
o Ella Larkin, 818 Rushmore Drive,Allen,Texas;
• The following individuals spoke in support of the City budget as proposed by staff and in opposition
of the No New Revenue Tax Rate:
o Victoria Sublette, 1227 Palo Duro Drive,Allen,Texas;
o Sue Kacines, 1108 Windsboro Court,Allen,Texas; and,
o Philip Brewer, 879 Starcreek Parkway,Allen,Texas.
• The following individuals did not speak but wished to record their support of the adoption of the
No New Revenue Tax Rate:
o Heather Hale, 814 Sopberry Drive,Allen,Texas;
o Rhonda Wyatt, 1419 Sunshine Drive,Allen,Texas;
o Jayanta Chowdhury,965 Cougar Drive,Allen,Texas;
o Kirsten Fair, 1431 Luckenbach Drive,Allen,Texas;
o Michele Black, 1423 Comanche Drive,Allen,Texas;
o Walt Hannon, 1447 Lone Star Court,Allen,Texas;
o Kyle Baker, 1719 Broadmoor Drive,Allen,Texas;
o Connie Ede, 522 Mefford Lane,Allen,Texas;
o Mary Tucker, 601 Bellmead Court,Allen,Texas;
o Laura Heiser,913 Kilgore Court,Allen,Texas;
o Sam Abiog, 1905 San Jacinto Drive,Allen,Texas;
o Donna and Mike Cekinovich, 319 Suncreek Drive,Allen,Texas;
o Jessica Liscum, 910 Valley View Drive,Allen,Texas;
o Nancy Popiolek, 712 Wills Point Drive,Allen,Texas;
o Amy Egan, 518 Saginaw Court,Allen,Texas;
o Randy Norton, 1410 Placer Drive,Allen,Texas;
• The following individual did not speak but wished to record support of the City budget as proposed
by staff and in opposition of the No New Revenue Tax Rate:
o Marianna Sennour, 880 Clear Water Drive,Allen,Texas.
• Judy Cote, 710 Rockcrossing Lane,Allen,Texas spoke in opposition to the No New Revenue Rate
and in support of a mask mandate in schools.
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• Jessica Vaughan, 512 Hightrail Drive,Allen, Texas, spoke regarding her disappointment with the
current construction in the Windridge neighborhood.
• Ken Byler,204 Allenwood,Allen,Texas,expressed support of development in the Allen downtown
community.
• Mayor Fulk recognized a Boy Scout from Troop 131 in attendance for the Communications Merit
Badge.
2. Recognition of the Allen Police Department-Public Safety Communications Unit for Obtaining
the Association of Public-Safety Communications Officials Project 33 Agency Training Program
Certification.
Consent Agenda
MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember
Corvette, the Council voted seven(7) for and none (0) opposed to adopt the Consent Agenda
as follows: -
3. Approve Minutes of the August 10,2021,Regular City Council Meeting.
4. Approve Minutes of the August 13-15,2021, City Council Budget Workshop.
5. Adopt an Ordinance Approving a Negotiated Settlement Between the Atmos Cities Steering
Committee and Atmos Energy Corporation, Mid-Tex Division Regarding the Company's 2021
Rate Review Mechanism(RRM)Filing.
ORDINANCE NO. 3847-8-21: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN
THE ATMOS CITIES STEERING COMMITTEE("ACSC")AND ATMOS ENERGY CORP.,MID-TEX
DIVISION REGARDING THE COMPANY'S 2019 RATE REVIEW MECHANISM FILING;
DECLARING EXISTING RATES TO BE UNREASONABLE;ADOPTING TARIFFS THAT REFLECT
RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE
RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND
REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT
ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS;
APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY
LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE
RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT;
ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING
DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL.
6. Adopt an Ordinance Abandoning Certain Public Right-of-Way for The Farm Development
Project.
ORDINANCE NO. 3848-8-21: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ABANDONING PORTIONS OF HAY BALE DRIVE OUT OF
THE FARM,AN ADDITION TO THE CITY OF ALLEN,TEXAS,AS DESCRIBED IN EXHIBIT"A"
HERETO; RESERVING ALL EXISTING EASEMENT RIGHTS OF OTHERS, IF ANY, WHETHER
APPARENT OR NON-APPARENT, AERIAL, SURFACE, UNDERGROUND OR OTHERWISE;
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PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR
RECORDING IN THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, AS A
QUITCLAIM DEED;AND PROVIDING AN EFFECTIVE DATE.
7. Authorize the City Manager to Execute a Contract with Birkhoff,Hendricks& Carter,LLP,for
Professional Engineering Services Related to the Rowlett Elevated Storage Tank,Custer Elevated
Storage Tank,and Custer Ground Storage Reservoirs#1 and#2 in the Amount of$146,500.
8. Authorize the City Manager to Execute a Contract with CLASP Companies,LLC, (dba)Valley
Quest Design for Design of the Trailhead at the Rowlett Creek Trail along the Eugene McDermott
Property in the Amount of$102,060.
9. Authorize the City Manager to Execute a Contract with Parkhill, Smith & Cooper, Inc., (dba)
Parkhill/Schrickel Rollins for the Development of the Molsen Farm Master Plan and Design of
the Trailhead and Trail Connection in the Amount of$222,190.
The motion carried.
Regular Agenda
10. Conduct a Public Hearing and Adopt an Ordinance Granting a Specific Use Permit for a Fitness
and Health Center use for 2,353± Square Foot Portion of a Building Located on Lot 1A, Eagle
Plaza Shopping Center; Generally Located Directly South of Main Street and East of Jupiter
Road(and commonly known as 602 E.Main Street). [Vibe Yoga]
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. 3849 r8-21: 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 GRANTING SPECIFIC USE PERMIT NO.
181 AUTHORIZING AN APPROXIMATELY 2,353±SQUARE FOOT PORTION OF A BUILDING
LOCATED ON LOT 1A,BLOCK A,EAGLE PLAZA SHOPPING CENTER,PRESENTLY ZONED
FOR SHOPPING CENTER (SC) TO BE USED FOR A FITNESS AND HEALTH CENTER 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 Shafer and a second by Councilmember Schulmeister,
the Council voted seven(7)for and none(0)opposed to approve Ordinance No. 3849-8-21,as
previously captioned, granting Specific Use Permit No. 181 for a Fitness and Health Center
and to approve staffs recommendation to remove Section 2B from the ordinance. The motion
carried.
11. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of
Planned Development No. 58 with a Base Zoning of Shopping Center and to Adopt a Zoning
Exhibit, Concept Plan, and Elevations for Lots 6A and 6B, Block A, CLA Allen Addition;
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Generally Located at the Northeastern Corner of the Intersection of Exchange Parkway and U.S.
Highway 75. [Exchange Business Center-Office-Showroom/Warehouse]
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. 3850-8-21: 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 TRACT 1 OF PLANNED DEVELOPMENT PD NO. 58
WITH A BASE ZONING OF SHOPPING CENTER"SC" RELATING TO THE DEVELOPMENT
OF LOTS 6A AND 6B, BLOCK A, CLA ALLEN ADDITION, BY ADOPTING A ZONING
EXHIBIT,CONCEPT PLAN,AND BUILDING 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 seven (7) for and none (0) opposed, to approve Ordinance No. 3850-8-21, as
previously captioned,to amend the Development Regulations of Planned Development No. 58
with a base zoning of Shopping Center for Lots 6A and 6B, Block A, CLA Allen Addition.
The motion carried.
12. Conduct a Public Hearing and Adopt an Ordinance to Establish a Planned Development Zoning
District with a Base Zoning of Light Industrial and to Adopt a Zoning Exhibit, Concept Plan,
Landscape Plan, and Elevations for Lot 1, Block 3, Millennium Business Park(and commonly
known as 415 Century Parkway). [Credit Union of Texas]
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. 3851-8-21: 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 REGULATIONS
RELATING TO THE DEVELOPMENT AND USE OF LOT 1, BLOCK 3, MILLENNIUM
BUSINESS PARK ADDITION,BY CHANGING THE ZONING FROM LIGHT INDUSTRIAL"LI"
TO PLANNED DEVELOPMENT"`PD" NO. 145 FOR LIGHT INDUSTRIAL "LI"; ADOPTING
DEVELOPMENT REGULATIONS,A CONCEPT PLAN,A ZONING EXHIBIT,A CONCEPTUAL
LANDSCAPE PLAN, AND CONCEPTUAL BUILDING 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 Mayor Pro Tern Brooks and a second by Councilmember Clemencich,
the Council voted seven(7)for and none(0)opposed to approve Ordinance No. 3851-8-21,as
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previously captioned, to establish Planned Development No. 145 with a base zoning of Light
Industrial and to adopt a Zoning Exhibit,Concept Plan,Landscape Plan,and Elevations for Lot
1,Block 3,Millennium Business Park. The motion carried.
13. Conduct a Public Hearing and Adopt an Ordinance to Amend the Allen Land Development Code
to Amend Section 6.03.2, "Private Clubs," and Section 6.03.5, "Restaurants with food and
beverage certificates - Geographic Locations," by Allowing Drive-Through Service for Off-
Premise Consumption of Alcoholic Beverages, and to Amend Section 6.06.11, "Solar Panels," to
Amend Provisions Relating to Installation of Solar Panel Systems to Conform to State Law.
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. 3852-8-21: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN,COLLIN COUNTY,TEXAS,AMENDING THE ALLEN LAND DEVELOPMENT CODE,
AS AMENDED, BY AMENDING ASECTION 6.03.2 "PRIVATE CLUBS — OPERATIONAL
REGULATIONS" SECTION 6.03.5 "RESTAURANTS WITH FOOD AND BEVERAGE
CERTIFICATES—GEOGRAPHIC LOCATIONS" TO CONFORM SAID SECTIONS TO
AMENDMENTS IN STATE LAW RELATING TO THE SERVICE OF ALCHOLIC BEVERAGES
"TO-GO"BY HOLDERS OF A FOOD AND BEVERAGE CERTIFICATE;AMENDING SECTION
6.06.11 "SOLAR PANELS" TO ELIMINATE REGULATIONS PRE-EMPTED BY STATE LAW;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
($2,000.00)DOLLARS FOR EACH OFFENSE;AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Meis and a second by Councilmember Schulmeister,
the Council voted seven(7)for and none(0)opposed to approve Ordinance No. 3852-8-21,as
previously captioned,to amend the Allen Land Development Code. The motion carried.
Other Business
14. Calendar.
15. Items of Interest.
• Council wished happy birthday to City Attorney Smith.
• Mayor Pro Tern Brooks invited everyone to attend the Dallas Card Show being held at the Marriott
Dallas I Allen Hotel and Convention Center on August 26-29.
• Mayor Fulk announced his charity of the month as North Texas Food Bank and encouraged the
public to donate to the"Peanut Butter Drive"in September.
• Councilmember Cornette wished happy birthday to his granddaughter,Maddie, and wife,Laurie.
Executive Session
The Executive Session was not held.
16. Reconvene and Consider Action on Items Resulting from Executive Session.
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AUGUST 24,2021 PAGE 7
Adjournment
MOTION: Upon a motion made by Councilmember Meis and a second by Councilmember Shafer, the
Council voted seven(7)for and none(0)opposed to adjourn the Regular Meeting of the Allen
City Council at 8:45 p.m. on Tuesday,August 24,2021. The motion carried.
These minutes approved on the 14`h day of September 2021.
APPR VED:
Kenneth M.Fulk,MA OR
ATTEST: - - - -
She y B.George, RM ,CITY S RETARY