Min - City Council - 2021 - 09/28 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 28,2021
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 5:56 p.m. on Tuesday, September 28,2021, in the Basement Meeting Rooms of Allen
City Hall,305 Century Parkway,Allen,Texas.
1. Update on Bulk Waste Service Improvements.
2. Update from the Downtown Steering Committee.
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 6:50 p.m.
on Tuesday, September 28,2021.
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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 7:00 p.m.on Tuesday, September 28,2021,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 requesting the City address short term rentals in Allen:
Tammie Jost, 1102 Bay Shore Street,Allen,Texas;and,
Doug Jost, 1102 Bay Shore Street,Allen,Texas.
The following individuals spoke in support of a Dog Park being built by the City of Allen:
Nancy Fountain, 1219 Brenham Court,Allen,Texas;
Bob Cubbage, 804 Fawn Valley Drive,Allen,Texas;
Marlene Seward, 1725 Broadmoor Drive,Allen,Texas;
Patricia Ruffinl 185 Sophia Street,Allen,Texas;
Shannon Mobley, 525 Cameron Lane,Allen,Texas;
Barack Harrizi, 1318 Sunny Creek,Allen,Texas; and,
Wesley Smith, 502 Oakwood Drive,Allen,Texas
Victoria Sublette, 1227 Palo Duro,Allen, Texas, spoke regarding the recent relocation announcement
of MD7 and asked Council to look at the total tax burden on taxpayers and the Return on Investment.
2. Presentation of Proclamations by the Office of the Mayor.
• Presentation of a Proclamation to the City of Allen Forester Proclaiming October 30,2021,as Arbor
Day.
3. Presentation of a Blue Star Flag to Family Members of Allen Service Personnel Currently Serving
in the U.S.Armed Forces.
• The Kizer Family in honor of their son, Ryan.
• The Powers Family in honor of their son,Benjamin.
Consent Agenda
Mayor Fulk removed Agenda Item 7 from the Consent Agenda.
Councilmember Shafer removed Agenda Item 9 from the Consent Agenda.
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 the remaining items
on the Consent Agenda as follows:
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•
4. Approve Minutes of the September 14,2021,Regular City Council Meeting.
5. Approve Minutes of the September 16,2021,Special Called City Council Workshop.
6. Adopt an Ordinance Amending Chapter 2 - Administration, Article VII, of the Code of
Ordinances Regarding the Administrative Departments of the City.
ORDINANCE NO. 3859-9-21: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE VII, "ADMINISTRATIVE
DEPARTMENTS", BY AMENDING SECTION 2-102 "ESTABLISHING AND CHANGING
DIVISIONS WITHIN DEPARTMENTS; ASSIGNMENT OF WORK" BY AMENDING
SUBSECTIONS (a); REPEALING SECTIONS 2-151 "COMMUNITY SERVICES DEPARTMENT
CREATED," 2-181 "ENGINEERING DEPARTMENT CREATED," 2-191 "PLANNING AND
DEVELOPMENT DEPARTMENT CREATED," 2-201 "MANAGEMENT INFORMATION
SYSTEMS DEPARTMENT CREATED," AND 2-211, `BUILDING AND CODE COMPLIANCE
DEPARTMENT CREATED"; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
8. Adopt a Resolution Nominating Mr.Gary Rodenbaugh for Election to the Board of Directors for
the Collin Central Appraisal District.
RESOLUTION NO.3860-9-21(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, PLACING IN NOMINATION THE NAME OF GARY
RODENBAUGH FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE COLLIN
CENTRAL APPRAISAL DISTRICT IN ACCORDANCE WITH SECTION 6.03(g) OF THE TEXAS
PROPERTY TAX CODE; DIRECTING THE CITY SECRETARY TO NOTIFY INTERESTED
PARTIES OF SAID ACTION;AND PROVIDING AN EFFECTIVE DATE.
10. Authorize the City Manager to Execute a One-Year Contract,with the Option for Four(4)One-
Year Renewals, with Lawn Star Landscape for Litter Collection Services at Various City
Properties and Detailed Overpass/Underpass Maintenance in the Amount of$209,908.
11. Accept the Resignation of LaReeda Rentie and Declare a Vacancy in Place No. 4 on the Parks
and Recreation Board.
The motion carried.
Mayor Fulk moved to Agenda Item 7.
7. Adopt a Resolution Amending the City Council's Rules of Order and Procedure.
No action was taken on this item.
Mayor Fulk moved to Agenda Item 9. ,
9. Authorize the City Manager to Execute a First Amendment to the Project Development
Agreement between the City of Allen, the Allen Economic Development Corporation, and The
Farm Development Co.
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MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Corneae,the
Council voted seven(7) for and none (0) opposed to authorize the City Manager to execute a
First Amendment to the Project Development Agreement between the City of Allen,the Allen
Economic Development Corporation,and The Farm Development Co. The motion carried.
Regular Agenda
12. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of
Planned Development No. 134A with a Base Zoning of Mixed Use for Blocks A through N and
Block X, The Farm is Generally Located at the Southeast Corner of the Intersection of State
Highway 121 and Alma Drive.(The Farm)
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. 3861-9-21: 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 DEVELOPMENT
REGULATIONS OF PLANNED DEVELOPMENT"PD"NO. 134A MIXED USE MIX ADOPTED
BY ORDINANCE NO. 3761-7-20; 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 Schulmeister and a second by Councilmember
Clemencich,the Council voted seven(7) for and none(0) opposed to approve Ordinance No.
3861-9-21, as previously captioned, to amend the Development Regulations of Planned
Development PD No. 134A with a Base Zoning District of Mixed Use for Blocks A through
N, and Block X, located at the southeast corner of the intersection of State Highway 121 and
Alma Drive. The motion carried.
13. Conduct a Public Hearing and Adopt an Ordinance to Establish a Planned Development Zoning
District with a Base Zoning of Single-Family Residential (R-5) and to Adopt Development
Regulations, Zoning Exhibit, Concept Plan, Open Space Plan and Screening Plan for 34.2±
Acres;Generally Located at the Northwest Corner of the Intersection of Watters Road and Stacy
Road. (The Reserve at Watters)
Mayor Fulk opened the public hearing and asked anyone wishing to speak for or against this item to do
so at this time.
Marlene Seward, 1725 Broadmoor Drive,Allen,Texas, spoke in opposition of the item.
With no one else speaking,Mayor Fulk closed the Public Hearing.
ORDINANCE NO. 3862-9-21: 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, RELATING TO THE USE AND
DEVELOPMENT OF 34.2±ACRES OUT OF THE FRANCIS DOSSER SURVEY,ABSTRACT NO.
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280, PRESENTLY ZONED AS PLANNED DEVELOPMENT NO. 43 WITH A BASE ZONING OF
GARDEN OFFICE (GO)AND PLANNED DEVELOPMENT NO. 43 WITH A BASE ZONING OF
MULTIFAMILY RESIDENTIAL(MF-18)BY CHANGING THE ZONING TO CREATE PLANNED
DEVELOPMENT NO. 146 WITH A BASE ZONING OF SINGLE-FAMILY RESIDENTIAL (R-5)
AND ADOPTING DEVELOPMENT REGULATIONS,A ZONING EXHIBIT,A CONCEPT PLAN,
AN OPEN SPACE PLAN, AND A SCREENING PLAN; 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 Meis and a second by Councilmember Shafer, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 3862-9-21, as
previously captioned,to establish Planned Development No. 146 with a base zoning of Single-
Family Residential (R-5)and to adopt Development Regulations, Zoning Exhibit, Concept
Plan, Open Space Plan and Screening Plan, for a property generally located at the northwest
corner of the intersection of Wafters Road and Stacy Road. The motion carried.
14. Authorize the City Manager to Execute a Fourth Amendment to the Contract for Solid Waste
Collection,Disposal, and Recycling Services with Community Waste Disposal(CWD).
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 Authorize the City Manager to execute a
fourth amendment to the contract for Solid Waste Collection,Disposal,and Recycling Services
with Community Waste Disposal(CWD). The motion carried.
15. Adopt a Resolution Establishing Rates and Fees for Commercial and Residential Solid Waste,
Recycling,and Household Hazardous Waste Services.
RESOLUTION NO.3863-9-21(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 SEVERABILITY CLAUSE;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 Resolution No. 3863-9-21(R), as
previously captioned, to establish rates and fees for commercial and residential solid waste,
recycling, and household hazardous waste services. The motion carried.
16. Adopt a Resolution Establishing the Water and Sewer Rates Recommended for Fiscal Year 2021-
2022.
RESOLUTION NO.3864-9-21(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING SANITARY SEWER CHARGES AND
WATER SERVICE CHARGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE;AND PROVIDING AN EFFECTIVE DATE.
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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 Resolution No. 3864-9-21(R),as
previously captioned, to establish the Water and Sewer Rates Recommended for Fiscal Year
2021-2022. The motion carried.
17. Appoint to Fill a Vacancy in Place No.4 on the Parks and Recreation Board.
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 nominate Nat Dryer as recommended
by the Council Nominating Committee to fill the unexpired term in Place No. 4 on the Parks
and Recreation Board and set an expiration of September 30,2022.The motion carried.
Other Business
18. Calendar.
19. Items of Interest.
• Mayor Fulk announced Rotary Internationals as his Charity of the Month.
• Mayor Pro Tern Brooks asked the community to remember all involved in the recent shooting.
• Mayor Pro Tern Brooks announced the Collin County Historical Commission had awarded Brian
Bristow,Parks and Recreation Assistant Director,the Advocate of the Year Award.
• Mayor Pro Tern Brooks commended the Public and Media Relations Program on the success of the
"#NoPlaceLikeAllen"campaign and encouraged citizens to visit the City's website to learn more.
• Councilmember Cornette invited the public to participate in the Allen Heritage Guild's"Whispers
of the Past"featuring Mayor Pro Tern Brooks on October 17 at the Heritage Village.
Executive Session
The Executive Session was not held.
20. Reconvene and Consider Action on Items Resulting from Executive Session.
Adjournment
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 adjourn the Regular Meeting of the Allen
City Council at 9:16 p.m. on Tuesday, September 28,2021. The motion carried.
These minutes approved on the 12`h day of October 2021.
APPROVED:
enneth M.Fulk,MAY R
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SEPTEMBER 28,2021 PAGE 7
ATTEST:
Shelley B.George,TRM9,CIT ECRETARY