Min - City Council - 2019 - 04/23 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 23,2019
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
Eric Ellwanger,Assistant City Manager
Shelley B. George, City Secretary
Teresa Warren,Director,Public and Media Relations Office
Peter G. Smith, City Attorney
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 7:14 p.m.on Tuesday,April 23,2019,in the Council Chambers of the Allen City Hall,
305 Century Parkway,Allen,Texas.
Pledge of Allegiance
Public Recognition
1. Citizens'Comments.
Sameena Karmally, 14 Bishop Gate,Allen,Texas, spoke regarding an event at a non-profit space.
2. Presentation of the Allen Community Development Corporation (CDC) Annual Report by
George Chrisman,President.
3. Presentation of Proclamations by the Office of the Mayor.
• Present a Proclamation to Coach Jerry Best and the Allen High School Wrestling Team Proclaiming
2019 as"Allen Eagles Wrestling Team Year."
• Present a Proclamation to Dan Allen and Representatives from Various Area Motorcycle Clubs
Proclaiming May 2019 as"Motorcycle Safety and Awareness Month."
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 23,2019 PAGE 2
. Present a Proclamation to the Keep Allen Beautiful Board Proclaiming May 11, 2019 as "Great
American Cleanup Day."
Consent Agenda
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 all items on the Consent Agenda
as follows:
4. Approve Minutes of the April 9,2019,Regular City Council Meeting.
5. Approve Minutes of the April 16,2019, Special Called City Council Meeting.
6. Adopt a Resolution No. 3656-4-19(R) Authorizing the City Manager to Execute the
Lease/Purchase of One 2019 Harley Davidson Motorcycle for the Police Department through
Government Capital Corporation in the Amount of$33,908.
RESOLUTION NO. 3656-4-19(R): A RESOLUTION OF THE CITY OF ALLEN, TEXAS,
AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE-PURCHASE AGREEMENT
WITH GOVERNMENT CAPITAL CORPORATION AND RELATED DOCUMENTS WITH
RESPECT TO THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN
EQUIPMENT FOR THE PUBLIC BENEFIT; RESOLVING OTHER MATTERS RELATED
THERETO; AND PROVIDING AN EFFECTIVE DATE.
7. Award Bid and Authorize the City Manager to Execute a Contract with Fabritech in the Amount
of$178,021 for the Replacement of Three Shade Sails at Celebration Park.
8. Award Bid and Authorize the City Manager to Execute a Contract with J.R. Stelzer for
Repainting and Minor Repairs of the Bethany Water Tower and Stacy Ground Storage Tank#3
in the Amount of$1,123,782.
9. Authorize the City Manager to Negotiate and Execute a Public Project Development Agreement
with Wimberly Lot Owners and the Twin Creeks HOA Regarding Northbrook Drainage
Improvements.
10. Award Bid and Authorize the City Manager to Execute a Contract with ANA Site Construction,
LLC,for Northbrook Court Drainage Improvements in the Amount of$247,223.
11. Receive the Capital Improvement Program(CIP) Status Report.
12. Receive the Investment Report for the Period Ending March 31,2019.
13. Receive the Financial Report for Period Ending March 31,2019.
The motion carried.
Regular Agenda
14. Adopt an Ordinance Establishing the May 2019 City of Allen Water Conservation and Water
Resource Management Plan.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 23,2019 PAGE 3
ORDINANCE NO. 3657-4-19: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 14; BY ADOPTING THE MAY 2019 WATER CONSERVATION AND
WATER RESOURCE MANAGEMENT PLAN; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000); AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Caplinger and a second by Councilmember
Clemencich, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
3657-4-19, as previously captioned, establishing the May 2019 City of Allen Water
Conservation and Water Resource Management Plan.The motion carried.
15. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of
Planned Development No. 92 Commercial Corridor to Authorize a Smoking Establishment Use
after Approval of a Specific Use Permit and to Adopt a Concept Plan an Patio Elevations for a
Property Generally Located South of State Highway 121 and West of Watters Road (and
Commonly Known as 975 N.Watters Road) [Starcreek Village—Smoking Establishment]
Mayor Terrell 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 Terrell closed the public hearing.
ORDINANCE NO. 3658-4-19: 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 TRACT A-2 OF PLANNED DEVELOPMENT "PD" NO. 92 CORRIDOR
COMMERCIAL "CC" AND ADOPTING A CONCEPT PLAN AND PATIO ELEVATIONS
RELATING TO THE USE AND DEVELOPMENT OF ALL OF LOT 1, BLOCK A, STARCREEK
VILLAGE; 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 Caplinger and a second by Councilmember Sedlacek,
the Council voted seven(6)for and one(1)opposed,with Councilmember Doherty casting the
negative vote, to adopt Ordinance No. 3658-4-19, as previously captioned, to amend the
Development Regulations of Planned Development No. 92 Corridor Commercial and adopt a
Concept Plan and Patio Elevations for Lot 1,Block A,Starcreek Village,for Starcreek Village.
The motion carried.
16. Conduct a Public Hearing and Adopt an Ordinance to Establish a Specific Use Permit for a
Smoking Establishment Use for an Approximately 4,775± Square Foot Portion of a Building
Generally Located South of State Highway 121 and West of Watters Road (And Commonly
Known as 975 N.Watters Road,Suite 190). [Cigar Palace]
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 23,2019 PAGE 4
With no one speaking,Mayor Terrell closed the public hearing.
ORDINANCE NO. 3659-4-19: 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.
167 AUTHORIZING AN APPROXIMATELY 4,775±SQUARE FOOT PORTION OF A BUILDING
LOCATED ON LOT 1, BLOCK A, STARCREEK VILLAGE, PRESENTLY ZONED FOR
PLANNED DEVELOPMENT"PD"NO. 92 CORRIDOR COMMERCIAL"CC"TO BE USED FOR
A SMOKING ESTABLISHMENT 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 Mayor Pro Tem Caplinger and a second by Councilmember Sedlacek,
the Council voted seven(6)for and one(1)opposed,with Councilmember Doherty casting the
negative vote, to adopt Ordinance No. 3659-4-19, as previously captioned, for Specific Use
Permit No. 167 for a Smoking Establishment use for Cigar Palace.The motion carried.
Mayor Terrell moved to Agenda Item 19.
Other Business
19. Calendar.
• April 22—April 30—City of Allen General Election Early Voting Period
• May 4—Election Day, 7:00 a.m.—7:00 p.m.
20. Items of Interest.
Mayor Terrell announced the Executive Session then recessed the Regular Agenda at 8:20 p.m.
Executive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at
8:35 p.m.on Tuesday,April 23,2019, in the Council Conference Room,305 Century Parkway,Allen,Texas,in
order to discuss matters pertaining to:
21. Personnel Pursuant to Section 551.074 of the Texas Government Code—
Discussion Regarding Appointment of an Acting City Manager.
The Executive Session adjourned at 9:09 p.m. on Tuesday,April 23, 2019.
22. Reconvene and Consider Action on Items Resulting from Executive Session.
The Allen City Council reconvened into the open meeting at 9:11 p.m. on Tuesday,
April 23,2019. The following actions were taken on items discussed during Executive Session.
Mayor Terrell moved to Agenda Item 17.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 23,2019 PAGE 5
17. Adopt a Resolution Appointing an Acting City Manager and Providing for an Effective Date.
RESOLUTION NO.3660-4-19(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPOINTING AN ACTING CITY MANAGER; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Sedlacek and a second by Mayor Pro Tern Caplinger,
the Council voted seven (7) for and none (0) opposed to adopt Resolution 3661-4-19(R), as
previously captioned, effective May 1, 2019 Eric Ellwanger is appointed as acting City
Manager increasing his monthly salary by$5,000 until a full-time City Manager is hired. The
motion carried.
18. Adopt a Resolution Authorizing City Representatives to Execute Related Bank Depository
Documents.
RESOLUTION NO.3661-4-19(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING CITY REPRESENTATIVES FOR THE
DEPOSITORY BANK; AND PROVIDING 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 Resolution 3661-4-19(R), as
previously captioned, designating City representatives authorized to execute all related bank
depository documents. The motion carried.
Adjournment
MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember
Doherty,the Council voted seven(7)for and none(0)opposed to adjourn the Regular Meeting
of the Allen City Council at 9:14 p.m. on Tuesday,April 23,2019. The motion carried.
These minutes approved on the 141h day of May 2019.
APPROVED:
Stephen T rell,MAYOR
ATTEST:
Shelley B.Georg , RMC,CI SECRETARY