Min - City Council - 2019 - 08/27 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 27,2019
Present:
Stephen Terrell,Mayor
Councilmembers:
Gary L. Caplinger,Mayor Pro Tern
Kurt Kizer
Carl Clemencich
Lauren Doherty
Chris Schulmeister
Baine Brooks
City Staff:
Eric Ellwanger,City Manager
Rebecca Vice,Assistant City Manager
Tim Dentler,Assistant City Manager(absent)
Shelley B. George,City Secretary
Teresa Warren,Director,Public and Media Relations Office
Lauren Field, 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 Terrell at 6:10 p.m. on Tuesday,August 27, 2019, in the Council Chambers of the Allen City
Hall, 305 Century Parkway,Allen,Texas.
1. Property Assessed Clean Energy Program Overview.
2. Update Regarding Strategies for Coyote Management.
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 7:05 p.m. on
Tuesday,August 27,2019.
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 7:10 p.m. on Tuesday,August 27, 2019, in the Council Chambers of the Allen City
Hall, 305 Century Parkway,Allen,Texas.
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AUGUST 27,2019 PAGE 2
Pledge of Allegiance
• Members of Webelos Pack 306 Posted the Colors and lead the Pledge of Allegiance.
Public Recognition
1. Citizen Comments.
2. Presentation of a Ceremonial Check from LegacyTexas Bank Commemorating their Partnership
with the City's Property Improvement Program.
3. Presentation of Proclamation by the Office of the Mayor.
• Present a Proclamation to Jed Tamayo, Municipal Court Administrator, Proclaiming August 27,
2019, as"Teen Court Day."
Consent Agenda
MOTION: Upon a motion made by Councilmember Doherty and a second by Mayor Pro Tern Caplinger,
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 August 13,2019,Regular City Council Meeting.
5. Approve Minutes of the August 16-18,City Council Budget Workshop.
6. Adopt an Ordinance Amending the Code of Ordinances Chapter 6,Article VIII,"Environmental
Health."
ORDINANCE NO. 3692-8-19: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES CHAPTER 6
"HEALTH AND ENVIRONMENT," ARTICLE VIII, "ENVIRONMENTAL HEALTH" BY
AMENDING IN ITS ENTIRETY DIVISION 2 "FOOD ESTABLISHMENTS" ADOPTING THE
TEXAS FOOD ESTABLISHMENT RULES AND LOCAL AMENDMENTS THERETO;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF FINE OF $2,000 PER VIOLATION; AND PROVIDING FOR AN
EFFECTIVE DATE
7. Adopt an Ordinance Amending the Allen Land Development Code by Amending Article III,
"Building Regulations" by Adopting the International Building Code, 2018 Edition, with
Amendments; International Existing Building Code,2018.
ORDINANCE NO. 3693-8-19: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN,COLLIN COUNTY,TEXAS,AMENDING THE ALLEN LAND DEVELOPMENT CODE
BY AMENDING IN ITS ENTIRETY ARTICLE III,"BUILDING REGULATIONS"BY ADOPTING
THE INTERNATIONAL BUILDING CODE, 2018 EDITION, WITH AMENDMENTS;
INTERNATIONAL EXISTING BUILDING CODE, 2018 EDITION, WITH AMENDMENTS;
INTERNATIONAL FIRE CODE, 2018 EDITION, WITH AMENDMENTS; INTERNATIONAL
RESIDENTIAL CODE, 2018 EDITION, WITH AMENDMENTS; INTERNATIONAL
MECHANICAL CODE,2018 EDITION,WITH AMENDMENTS; INTERNATIONAL PLUMBING
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AUGUST 27,2019 PAGE 3
CODE, 2018 EDITION, WITH AMENDMENTS; INTERNATIONAL FUEL GAS CODE, 2018
EDITION, WITH AMENDMENTS; NATIONAL ELECTRICAL CODE, 2017 EDITION, WITH
AMENDMENTS; INTERNATIONAL ENERGY CONSERVATION CODE,2018 EDITION,WITH
AMENDMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE.
8. Adopt a Resolution Authorizing the City Manager to Execute Interlocal Agreements with Texas
Health Plano, Plano ISD and the Cities of Parker and Murphy to Allow the Entities to Use the
Radio System Jointly Owned by the City of Allen and the City of Plano.
RESOLUTION NO. 3694-8-19(R): A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
SEPARATE INTERLOCAL COOPERATION AGREEMENTS BY AND BETWEEN THE CITIES
OF ALLEN AND PLANO WITHTEXAS HEALTH PLANO, PLANO INDEPENDENT SCHOOL
DISTRICT,AND WITH THE CITES OF PARKER AND MURPHY 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.
9. Adopt a Resolution Nominating Mr.Gary Rodenbaugh for Election to the Board of Directors for
the Collin Central Appraisal District.
RESOLUTION NO.3695-8-19(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 STATE
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 an Agreement with America's Nationwide Netting,Inc.,
DBA Nets of Texas, to Install Outfield Barrier Nets on Two Fields at the Spirit Park Softball
Complex in the Amount of$135,000.
11. Authorize the City Manager to Purchase Two Nutanix Nodes and Memory for the Data Center
from CDW-G through the Texas Department of Information Resources for an Amount of
$165,029.
The motion carried.
Regular Agenda
12. Conduct a Public Hearing on the Fiscal Year 2019-2020 Budget as Required by Article IV,Section
4.04 of the Allen City Charter.
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.
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AUGUST 27,2019 PAGE 4
Mayor Terrell announced that the City Council will vote on the FY2020 budget at the September 10,
2019, City Council meeting at 7:00 p.m. at Allen City Hall, 305 Century Parkway,Allen,Texas.
13. Conduct a Public Hearing Regarding the Fiscal Year 2019-2020 City Tax Rate.
Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
Melissa Spence, 2030 Londonderry Drive,Allen,Texas, spoke requesting Council adopt the effective
tax rate.
With no one else speaking,Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Councilmember Schulmeister and a second by Mayor Pro Tern
Caplinger,the Council voted seven(7)for and none(0)opposed to set the City Council meeting
date of September 10, 2019, at 7:00 p.m. at Allen City Hall, 305 Century Parkway, Allen,
Texas, to vote on the proposed tax rate of 48.9 cents per$100 of the certified appraised value
for the Fiscal Year 2019-202 budget.The motion carried.
14. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of
Planned Development No. 84 Multi-Family Residential to Adopt a Base Zoning of Office and to
Adopt a Concept Plan and Building Elevations for the Property Generally Located East of
Greenville Avenue and North of Chaparral Road. [Office Use- Saxony on 5]
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. 3696-8-19: 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 II OF PLANNED DEVELOPMENT "PD" NO. 84 MULTI-FAMILY
RESIDENTIAL"MF-18" BY ADOPTING A BASE ZONING OF OFFICE "0", CONCEPT PLAN,
AND BUILDING ELEVATIONS RELATING TO THE USE AND DEVELOPMENT OF ALL OF
LOT 2, BLOCK A, CHAPARRAL GARDENS SENIOR HOUSING; 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 Tem Caplinger and a second by Councilmember Brooks,
the Council voted seven(7) for and none (0) opposed to adopt Ordinance No. 3696-8-19, as
previously captioned, amending the development regulations of Planned Development No. 84
to adopt a base zoning of Office and adopt a Concept Plan and Building Elevations for the
property generally located east of Greenville Avenue and north of Chaparral Road for Saxony
on 5.The motion carried.
15. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code
Relating to Section 4.20.2,Removing Firearms Sales&Service Use from the Schedule of Principle
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Uses; Section 6.05,Amending Approval Procedures,Requirements and Standards for Site Plans;
Section 6.06.1,Clarifying Use Interpretation and Removing Spacing Requirements for"Firearms
and Explosives Sales and Service";Section 6.06.11,"Solar Panels"to be Consistent with Current
Adopted Building Codes; Section 7.04.1, "Vehicle Parking" Regulations and Associated
Calculations For Parking Dimension Requirements; Section 7.07, Clarifying Language
Regarding Separation of"Fences and Walls"; Section 8.05, "Subdivision Standards"Amending
Approval Procedures, Requirements and Standards; Appendix A,Amending the Definition of
"Certificate of Compliance"; and Section 2.02 by Amending Duties and Procedures of the Board
of Adjustment.
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. 3697-8-19: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY,TEXAS,AMENDING THE ALLEN LAND DEVELOPMENT CODE,
AS PREVIOUSLY AMENDED, BY AMENDING IN ITS ENTIRETY SECTION 2.02"BOARD OF
ADJUSTMENT" AND RELATED SUBSECTIONS; AMENDING SECTION 4.20.2 "SCHEDULE
OF PRINCIPAL USES" BY DELETING THE USE "FIREARMS SALES & SERVICES";
AMENDING IN ITS ENTIRETY SECTION 6.05 "SITE PLAN APPROVAL" AND RELATED
SUBSECTIONS; AMENDING SECTION 6.06.1 "FIREARMS AND EXPLOSIVES SALE AND
SERVICE"; AMENDING SECTION 6.06.11 "SOLAR PANELS" BY AMENDING PARAGRAPH
b.i. RELATING TO PERMIT REQUIREMENTS; AMENDING SUBSECTIONS 1, 4 AND 5 OF
SECTION 7.04.1 "VEHICLE PARKING"; AMENDING SUBSECTION 4 OF SECTION 7.07
"FENCES AND WALLS"; AMENDING IN THEIR ENTIRETY SECTION 8.01 "PURPOSE,"
SECTION 8.02 "GENERAL PROVISIONS," SECTION 8.03 "PLAT REGULATIONS," AND
SECTION 8.04 "PERMITS REQUIRED" AND RELATED SUBSECTIONS; AMENDING
SUBSECTION 1 "CONSTRUCTION PLANS"OF SECTION 8.05 "SUBDIVISION STANDARDS";
AND AMENDING APPENDIX "A" "DEFINITIONS" BY ADDING A DEFINITION FOR
"CERTIFICATE OF COMPLIANCE"; PROVIDING A CONFLICTS RESOLUTION CLAUSE;
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 by Councilmember Kizer and a second by Councilmember Clemencich, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3697-8-19, as
previously captioned, amending the Allen Land Development Code.The motion carried.
Other Business
16. Calendar.
• September 2—City Hall closed for the Labor Day holiday.
17. Items of Interest.
• First United Methodist Church will hold a grand opening celebration on September 8 from 5-7 p.m.
• The Allen Eagles Football team will play Cedar Hill on Friday,August 30.
• Council recognized Boy Scouts from Troop Nos. 306 and 358 in attendance.
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REGULAR MEETING
AUGUST 27,2019 PAGE 6
Executive Session
The Executive Session was not held.
Adjournment
MOTION: Upon a motion made by Councilmember Doherty and a second by Councilmember Brooks,the
Council voted seven(7)for and none(0)opposed to adjourn the Regular Meeting of the Allen
City Council at 8:11 p.m.on Tuesday,August 27,2019. The motion carried.
These minutes approved on the 10"' day of September 2019.
APPROVED:
Stephen errell,MAYOR
ATTEST:
Shelley B.George, RMC,CITY SEC TARY