Min - City Council - 2022 - 08/09 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 9,2022
Present:
Kenneth M.Fulk,Mayor
Councilmembers:
Chris Schulmeister,Mayor Pro Tern
Daren Meis
Carl Clemencich
Dave Cornette
Dave Shafer
Ben Trahan
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 Secretary9
Teresa Warren,Director,Public and Media Relations
Rocio Gonzalez,Deputy City Secretary
Pete Smith, City Attorney
Workshop Session
1. Call to Order and Announce a Quorum is Present
With a quorum of the Allen City Council present,the Workshop Session of the Allen City Council was
called to order by Mayor Fulk at 6:00 p.m. on Tuesday, August 9, 2022, in the Basement Meeting
Rooms of Allen City Hall,305 Century Parkway,Allen,Texas.
2. Items of Interest
2.1 Overview of ACTV Operations and Public,Educational and Governmental(PEG)Funds.
2.2 Update on the Dallas Sidekicks Professional Arena Soccer Team.
2.3 Committee Updates from City Council Liaisons.
2.4 Questions on Current Agenda.
3. Adjourn to Regular Meeting
With no further discussion,Mayor Fulk adjourned the Workshop Session of the Allen City Council at
6:46,p.m.on Tuesday,August 9,2022,in the Basement Meeting Rooms of Allen City Hall,305 Century
Parkway,Allen,Texas.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 9,2022 PAGE 2
Regular Meeting
1. Call to Order and Announce a Quorum is Present
With a quorum of the Allen City Council present, the Regular Meeting of the Allen City Council was
called to order by Mayor Fulk at 7:00 p.m. on Tuesday,August 9,2022,in the City Council Chambers
of Allen City Hall, 305 Century Parkway,Allen,Texas.
2. Pledge of Allegiance
3. Public Recognition
4. Citizens' Comments
• Hnm7ah Ahmad,2215 Loring Drive,Allen,Texas,suggested the City implement a growth business
retention and expansion program.
• Mike Moran,806 Bandera Drive,Allen,Texas,spoke regarding his plans to speak during Citizens'
Comments in the future.
• Srini Raghavan, 1041 Hot Springs Drive,Allen,Texas, expressed support for a NNR Tax Rate.
• Judy Adams,409 West Coats Drive,Allen,Texas,did not speak but wished to have her opposition
to Item 6.5 reflected in the record.
5. Consent Agenda
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 approve all items on the Consent Agenda
as follows:
5.1 Approve minutes of the July 26,2022,Regular City Council Meeting.
5.2 Approve minutes from the August 4,2022,Special Called City Council Workshop.
5.3 Award Bid and authorize the City Manager to execute an agreement with BW2
Engineers, Inc., for the Heritage Parkway Allen Heights Sanitary Sewer Project for
$606,400.
5.4 Award Bid and authorize the City Manager to execute an agreement with EAR
Telecommunications,LLC, for the Construction of the Bethany/RaceTrac, Stacy/Curtis
and Angel/Malone Traffic Signal Construction Project for$1,450,381.
5.5 Authorize the City Manager to negotiate and execute a contract with United Healthcare
to serve as a Third-Party Administrator.
5.6 Receive the Quarterly Investment Report for Period Ending June 30,2022.
5.7 Receive the Quarterly Financial Report for Period Ending June 30,2022.
5.8 Transmit the Proposed 2022-2023 City Budget and the Proposed 2023-2027 Capital
Improvement Program.
The motion.carried.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 9,2022 PAGE 3
6. Regular Agenda
6.1 Set September 13, 2022, as the Public Hearing date and schedule vote regarding the
Fiscal Year 2022-2023 City Budget.
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 set Tuesday, September 13,
2022,at 7:00 p.m.at Allen City Hall,305 Century Parkway,Allen,Texas,as the date,time and
place for the Public Hearing and vote on the City's Proposed Fiscal Year 2022-2023 Budget in
accordance with Article IV, Section 4.04 of the City Charter.The motion carried.
6.2 Set September 13,2022, as the Public Hearing date and vote regarding the Fiscal Year
2022-2023 City Tax Rate.
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 set Tuesday, September 13,2022,at 7:00
p.m.at Allen City Hall,305 Century Parkway,Allen,Texas,as the date,time and place for the
Public Hearing and vote on the Proposed City Tax Rate of $0.431357 cents per $100 of
appraised value for the Fiscal Year 2022-2023. The motion carried.
6.3 Conduct a Public Hearing and adopt an Ordinance to amend Planned Development
No.3 with a base zoning of Light Industrial to allow medical or dental office use at 22
Prestige Circle.
Mayor Fulk opened the public hearing for this agenda item 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.3933-8-22: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 OF AREA 1 OF PLANNED DEVELOPMENT PD NO.
3 WITH A BASE ZONING OF LIGHT INDUSTRIAL"LI"TO AUTHORIZE TRACT KB,
ALLEN BUSINESS CENTRE II TO BE DEVELOPED AND USED AS A MEDICAL OR
DENTAL OFFICE AS A PERMITTED 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 Mayor Pro Tern Schulmeister and a second by Councilmember
Cornette,the Council voted seven(7)for and none(0)opposed to adopt Ordinance No. 3933-
8-22, as previously captioned, to amend Planned Development No. 3 with a base zoning of
Light Industrial. The motion carried.
6.4 Conduct a Public Hearing and adopt an Ordinance to amend Specific Use Permit No.167
at 975 State Highway 121,Suite 190.[Cigar Lounge]
Mayor Fulk opened the public hearing for this agenda item and asked anyone wishing to speak
for or against this item to do so at this time.
ALLEN-CITY COUNCIL
REGULAR MEETING
AUGUST 9,2022 PAGE 4
With no one speaking,Mayor Fulk closed the public hearing.
ORDINANCE NO.3934-8-22: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 AND RESTATING THE DEVELOPMENT REGULATIONS OF SPECIFIC
USE PERMIT NO. 167 FOR A SMOKING ESTABLISHMENT USE SET FORTH IN
ORDINANCE NO. 3659-4-19 RELATING TO THE USE AND DEVELOPMENT OF A
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"; 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 Cornette and a second by Councilmember Shafer,the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3934-8-22, as
previously captioned,to amend Specific Use Permit No. 167 for a smoking establishment use.
The motion carried.
Mayor Fulk announced the Executive Session and recessed the Regular Meeting at 7:25 p.m.
8. Executive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive
Session at 7:30 p.m. on Tuesday, August 9, 2022, in the Council Conference Room of the Allen City
Hall, 305 Century Parkway,Allen,Texas, in order to discuss matters pertaining to:
8.1 Pursuant to Texas Government Code Section 551.071 Consultation with City Attorney:
• Wolverine Interests,LLC,and MCTT,LLC.
8.2 Pursuant to Texas Government Code Section 551.071 Consultation with City Attorney
and.Section 551.072 Deliberation of Real Property:
• The Courses at Wafters Creek.
8.3 Reconvene and Consider Action on Items Resulting from Executive Session.
The Allen City Council reconvened into the Regular Meeting at 8:15 p.m.on Tuesday,August
9, 2022. Mayor Fulk moved to Agenda Item 6.5.No action was taken on Item 8.2 discussed
during Executive Session.
6. Regular Agenda
6.5 Adopt an Ordinance to abandon and vacate Boyd Place and certain alley right-of-way
within the 500 Block of West Boyd Drive to the adjacent property owner.
ORDINANCE NO.3935-8-22:AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 9,2022 PAGE 5
INTEREST IN BOYD PLACE AND CERTAIN ALLEY RIGHT-OF-WAY WITHIN THE
500 BLOCK OF WEST BOYD DRIVE BEING MORE PARTICULARLY DESCRIBED IN
SECTION 1, HEREOF; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY
OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF
COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED; PROVIDING FOR THE
INDEMNIFICATION OF THE CITY OF ALLEN, TEXAS, AGAINST DAMAGES
ARISING OUT OF THE ABANDONMENT; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE ABANDONMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Trahan and a second by.Mayor Pro Tern Schulmeister,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3935-8-22, as
previously captioned,to abandon and vacate Boyd Place and certain alley right-of-way within
the 500 Block of West Boyd Drive to the adjacent property owner. The motion carried.
7. Other Business
7.1 Calendar
• August 19-20 — City Council Budget Workshop at the Marriott Dallas I Allen Hotel &
Convention Center
7.2 Items of Interest
• Mayor and Council wished happy birthday to Councilmember Clemencich.
• Councilmember Shafer wished happy birthday to his daughter,Loralei.
• Mayor Pro Tern Schulmeister wished happy anniversary to his wife,Jeannie.
• Councilmember Corneae wished happy birthday to his wife,Laurie.
• Councilmember Shafer expressed his appreciation for the carloads of back-to-school
supplies donated to ACO by We The People Allen(WTPA)this year.
9. Adjournment
Mayor Fulk adjourned the Regular Meeting of the Allen City Council at 8:34 p.m. on Tuesday,
August 9,2022.
These minutes were approved on the 23r'day of August 2022.
APPROVED:
(Ye h M.Fulk, OR
ATTEST:
elley B.Geo` ,CITY CRETARY