Min - City Council - 2021 - 10/26 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 26,2021
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
Rocio Gonzalez,Deputy City Secretary
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, October 26, 2021, in the Basement Meeting Rooms of Allen
City Hall,305 Century Parkway,Allen, Texas.
1. Update on The Allen Drive Gateway Project.
2. Overview of New Agenda Management Software.
3. Committee Updates from City Council Liaisons.
4. Questions on Current Agenda.
With no further discussion,Mayor Fulk adjourned the Workshop Session of the Allen City Council at 6:58 p.m.
on Tuesday, October 26, 2021.
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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 7:03 p.m. on Tuesday, October 26, 2021, in the City Council Chambers of Allen City
Hall, 305 Century Parkway,Allen, Texas.
Pledge of Allegiance
Public Recognition
1. Citizen's Comments. •
The following individuals spoke in opposition of Agenda Item 13:
Nathan Polsky, 1108 Timberline Lane,Allen,Texas;
Lori Sexty, 1302 Clearview Drive,Allen,Texas; and,
Dave Scott, 852 Emporio Drive,Allen, Texas.
Mason Zack, 606 N.Allen Drive,Allen,Texas spoke in support of Agenda Item 13.
Susan Ponder, 1603 Byrn Drive, Allen, Texas, spoke as Chair of the Keep Allen Beautiful Board
regarding Recycles Day scheduled for November 6.
111 Bob Cubbage, 804 Fawn Valley Drive,Allen,Texas,spoke in support of the Community Development
Corporations recent funding for a dog park in Allen.
The following individuals spoke regarding the City's Proclamation recognizing October as Hindu
Month and shared activities held with the Allen area:
Raj Govindan,925 Boyd Creeks Road,McKinney,Texas; and,
Mani Hariharan, 1907 Kirby Lane,Allen,Texas.
2. Presentation of a Proclamation by the Office of the Mayor:
• Proclamation to the Community Enhancement Department Proclaiming October 2021 as
"Code Compliance Month."
3. Presentation of Shining Star Awards to John and Joel Martinez,Princeton Police Officer Cody .
Trim and Allen Police Officers Kye Kuopus and Stephen Griffith for their Lifesaving Heroic
Efforts in Saving the Lives of a Family from a Burning Vehicle.
4. Recognition of the City of Allen Water Conservation Division for the 2021 WaterSense Excellence
Award by the Environmental Protection Agency.
Consent Agenda
MOTION: Upon a motion made by Councilmember Cornette and a second by Councilmember Shafer,the
Council voted seven (7) for and none (0) opposed to adopt items on the Consent Agenda as
111 follows:
5. Approve Minutes of the October 12,2021,Regular City Council Meeting.
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OCTOBER 26,2021 PAGE 3
6. Adopt an Ordinance Amending Chapter 6 of the Code of Ordinances by Amending Article VI.
"Multi-Family Licensing."
ORDINANCE NO. 3869-10-21: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 6,ARTICLE VI,"MULTI-FAMILY LICENSING";BY AMENDING THE
LICENSE AND INSPECTION REGULATIONS FOR MULTI-FAMILY COMPLEXES;
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY 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. -
7. Adopt a Resolution Establishing Multi-Family License Fees.
RESOLUTION NO. 3870-10-21(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING MULTI-FAMILY LICENSE FEES;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
8. Adopt a Resolution Designating The Allen American and The Dallas Morning News as Official
Newspapers of the City of Allen for Fiscal Year 2021-2022.
RESOLUTION NO. 3871-10-21(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE ALLEN AMERICAN AND THE
DALLAS MORNING NEWS AS THE OFFICIAL NEWSPAPERS OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, FOR FISCAL YEAR 2022; AND PROVIDING AN EFFECTIVE
DATE.
9. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement Between
the Cities of Allen, Plano, and the Town of Fairview to Allow the Town of Fairview to Use the
Radio System Jointly Owned by the City of Allen and the City of Plano.
RESOLUTION NO.3872-10-21(R): A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF ALLEN,COLLIN COUNTY,TEXAS,APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITIES OF ALLEN
AND PLANO AND TOWN OF FAIRVIEW FOR THE USE OF THE RADIO SYSTEM THAT IS
JOINTLY OWNED BY THE CITY OF ALLEN AND THE CITY OF PLANO; AUTHORIZING
EXECUTION OF THE INTERLOCAL AGREEMENTS BY THE CITY MANAGER; AND
PROVIDING AN EFFECTIVE DATE.
10. Adopt a Resolution Authorizing the City Manager to Execute an Interlocal Agreement Between
the Cities of Allen, Plano, and Plano ISO to Allow Plano ISD to Use the Radio System Jointly
Owned by the City of Allen and the City of Plano.
RESOLUTION NO.3873-10-21(R): A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF ALLEN,COLLIN COUNTY,TEXAS,APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITIES OF ALLEN
AND PLANO AND PLANO ISD FOR THE USE OF THE RADIO SYSTEM THAT IS JOINTLY
OWNED BY THE CITY OF ALLEN AND THE CITY OF PLANO;AUTHORIZING EXECUTION
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OCTOBER 26,2021 PAGE 4
OF THE INTERLOCAL AGREEMENTS BY THE CITY MANAGER; AND PROVIDING AN
EFFECTIVE DATE.
11. Authorize the City Manager to Purchase Maintenance, Repair, Operating, Janitorial Supplies
and Equipment with Lowe's Home Centers, LLC, in the Estimated Annual Amount of$60,000
and Home Depot U.S.A.,Inc., in the Estimated Annual Amount of$260,000 for a Term of Five
Years through OMNIA Partners.
12. Motion to Set 5:30 p.m. on November 15, 2021, as the Date of the Canvass of the City of Allen
Special Election held on November 2,2021.
The motion carried.
Regular Agenda
13. Award Bid and Authorize the City Manager to Execute a Contract with The Fain Group, Inc.,
for The Allen Drive Gateway Project in the Amount of$4,040,000.
MOTION: Upon a motion made by Mayor Pro Tern Brooks and a second by Councilmember Clemencich,
the Council voted four(4)for and three(3)opposed with Councilmembers Meis,Cornette and
Shafer casting the negative votes, to authorize the City Manager to award bid and execute a
contract with The Fain Group, Inc., for The Allen Drive Gateway Project in the Amount of
$4,040,000. The motion carried.
14. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of
Planned Development No.4 with a Base Zoning of Shopping Center to Allow Day Care Facility
as a Permitted Use at the Northeast Corner of the Intersection of Greenville Avenue and Hightrail
Drive (and Commonly Known as 821 S. Greenville Avenue). [Christ the Servant Lutheran
Church]
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. 3874-10-21: 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 USE AND DEVELOPMENT OF LOT 1,BLOCK A,CHRIST THE SERVANT
LUTHERAN CHURCH ADDITION,LOCATED IN AND SUBJECT TO THE REGULATIONS OF
PLANNED DEVELOPMENT "PD" NO. 4 TO ALLOW SAID PROPERTY TO BE DEVELOPED
FOR DAY CARE FACILITY USE; 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
Cornette,the Council voted seven(7)for and none(0)opposed to adopt Ordinance No. 3874-
10-21, as previously captioned, to amend the Development Regulations of Planned
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Development No. 4 with a base zoning of Shopping Center to allow Day Care Facility as a
permitted use at 821 S. Greenville Avenue. The motion carried.
15. 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 Development Regulations,Concept
Plan, and Building Elevations Relating to the Use and Development of Approximately 59.7157
Acres Generally Located on the North Side of Ridgeview Drive,Approximately 825 Feet West of
the Intersection of Ridgeview Drive and Chelsea Drive.(Chelsea 121 Warehouse)
Mayor Fulk opened the public hearing and asked anyone wishing to speak for or against this item to do
so at this time.
The following individuals spoke in opposition of the agenda item:
Robert Winningham, 610 Comanche,Allen, Texas;
Henry Billingsley, 6701 Turtle Creek Boulevard,Dallas,Texas; and,
Jacob Jimenez, 882 Merino Dr.Allen,Texas.
The following individuals spoke in support of the agenda item:
Blake Richardson, 900 W.Bethany Drive, Suite 500,Allen,Texas;
Tracey Cline, 1518 Brandywine,Allen,Texas;
Jeff Burkhardt,406 Fox Trail,Allen, Texas;
Josh Eadie, 836 Emporio Drive,Allen,Texas; and,
Dave Scott, 852 Emporio Drive,Allen,Texas.
Crystella Mclvor, 1558 Charleston Drive,Allen,Texas, did not speak but wished to record support of
the agenda item.
With no one else speaking,Mayor Fulk closed the Public Hearing.
ORDINANCE NO. 3875-10-21: 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 USE AND DEVELOPMENT OF A 59.7157+/-ACRE TRACT SITUATED IN
THE GEORGE FITZHUGH SURVEY,ABSTRACT NO. 321,AND FRANCIS DOSSER SURVEY,
ABSTRACT NO. 280; PRESENTLY LOCATED IN PLANNED DEVELOPMENT "PD" NO. 92
CORRIDOR COMMERCIAL, BY CHANGING THE ZONING AND CREATING PLANNED
DEVELOPMENT "PD" NO. 147 FOR LIGHT INDUSTRIAL "LI" AND ADOPTING
DEVELOPMENT REGULATIONS INCLUDING 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 adopt Ordinance No. 3875-10-21, as
previously captioned,to establish a Planned Development zoning district with a base zoning of
Light Industrial and to adopt Development Regulations, Zoning Exhibit, Concept Plan, and
Building Elevations relating to the use and development of approximately 59.7157 Acres in
the George Fitzhugh Survey, Abstract No. 321, and Francis Dosser Survey, Abstract No. 280
with the following amendments: 1) Add a new Section 2.E entitled "Density" to allow for
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OCTOBER 26,2021 PAGE 6
phasing of Light Industrial uses. Section 2.E.(2)will create the stipulation that a maximum of
350,000 square of Light Industrial uses can only be built until a Certificate of Occupancy for
shell space is obtained 100,000 of other uses identified in Section 2.E.(2);2)Add a new Section
2.F entitled "Facade Composition" to address architectural elements of the building facades.
Specifically,Section 2.F.(2)will require Feature Architectural Entries at no less than 150 linear
feet; 3) Renumbering remaining sections accordingly to account for the two new sections
added;4) Section 2.G.(1).(e).ii would change the requirement for masonry support columns to
be no less than one column every forty (40) feet; and, 5) Revising "Ordinance Section 7" to
include a reverter clause for the zoning approval should the property not be closed before
December 31, 2021, by Stillwater Capital Investments, LLC, or its affiliates. The motion
carried.
Other Business
12. calendar.
• October 18 -29-General and Special Election Early Voting Period
• November 2-Election Day, 7 a.m. to 7 p.m.
• November 6—Recycles Day
13. Items of Interest.
• Mayor Fulk announced Carson's Crusaders as his Charity of the Month.
• Mayor Pro Tem Brooks announced the Dallas Card Show at the Marriott Dallas I Allen Hotel and
Convention Center will be held on October 28-31.
• Mayor Pro Tern Brooks announced the Credit Union of Texas National First Responder Day charity
event on October 28 honoring Allen Police and Fire:
• Councilmember Cornette thanked Mayor Pro Tem Brooks and Councilmembers Schulmeister and
Clemencich and the community for supporting the Allen Heritage Guild's "Whispers of the Past"
featuring Mayor Pro Tern Brooks.
• Mayor Pro Tern Brooks announced that the Texas Historical Commission designated the Ross
Cemetery as a Historic Texas Cemetery and awarded it an Official Texas Historical Marker.
Executive Session
The Executive Session was not held.
14. 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 seven(7)for and none(0)opposed to adjourn the Regular Meeting of the Allen
City Council at 10:20 p.m. on Tuesday, October 26,2021. The motion carried.
These minutes approved on the 9`h day of November 2021.
ALLEN CITY COUNCIL
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OCTOBER 26,2021 PAGE 7
APPROVED:
71/ //
41 ,
Kenneth M.Fulk,MAYOR
ATTEST: N,
-
Shelley B.George, C,CITY SECRETARY