Min - City Council - 2020 - 07/28 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
JULY 28,2020
Present:
Debbie Stout,Mayor
Councilmembers:
Gary L. Caplinger,Mayor Pro Tern
Kurt Kizer
Carl Clemencich
Lauren Doherty
Chris Schulmeister
Baine Brooks(absent)
City Staff:
Eric Ellwanger, City Manager
Eric Strong,Deputy City Manager
Tim Dentler,Assistant City Manager(absent)
Rebecca Vice,Assistant City Manager(absent)
Shelley B. George, City Secretary
Teresa Warren,Director,Public and Media Relations
Lauren Field,Deputy City Secretary
Victoria Thomas,Attorney
Workshop Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Stout at 6:12 p.m. on Tuesday, July 28, 2020, in the Council Chambers of the Allen City Hall,
305 Century Parkway,Allen,Texas.
1. Water Meter and Utility Billing Audit.
2. Committee Updates from City Council Liaisons.
3. Questions on Current Agenda.
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:50 p.m. on
Tuesday,July 28,2020.
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 Stout at 7:02 p.m. on Tuesday, July 28, 2020, in the Council Chambers of the Allen City Hall,
305 Century Parkway,Allen,Texas.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 28,2020 PAGE 2
Pledge of Allegiance
Public Recognition
1. Citizen Comments.
Consent Agenda
MOTION: Upon a motion made by Councilmember Clemencich and a second by Mayor Pro Tem
Caplinger,the Council voted six(6)for and none(0)opposed to adopt all items on the Consent
Agenda as follows:
2. Approve Minutes of the July 14,2020,Regular City Council Meeting.
3. Adopt an Ordinance Amending the Code of Ordinances,Chapter 9,'Motor Vehicles and Traffic',
Amending the Maximum Prima Facie Speed Limit on Segments of Bending Branch and Allen
Commerce Parkway.
ORDINANCE NO. 3762-7-20: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC," ARTICLE V, "OPERATION
OF VEHICLES," DIVISION 2, "SPEED REGULATIONS," SECTION 9-135(a) TO AMEND THE
MAXIMUM PRIMA FACIE SPEED LIMIT ON SEGMENT OF BENDING BRANCH WAY AND
ALLEN COMMERCE PARKWAY; PROVIDING FOR A REPEALING CLAUSE; PROVIDING
FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
4. Adopt an Ordinance Amending the Code of Ordinances,Chapter 9—Motor Vehicles and Traffic,
Section 9-137(b), to Install the School Zone for Allen ISD STEAM Center and Collin College
Technical Center.
ORDINANCE NO. 3763-7-20: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 9, SECTION 9-137(b),BY ADDING SUBSECTION(25)FOR ALLEN ISD
STEAM CENTER AND COLLIN COLLEGE TECHNOLOGY CENTER; PROVIDING FOR A
REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE;AND PROVIDING FOR
AN EFFECTIVE DATE.
5. Adopt a Resolution Approving Terms and Conditions of the Agreement with The State of Texas
Acting by and Through the Texas Department of Transportation for the Funding of Right-Of-
Way Acquisition to Reconstruct the Ridgeview Drive and US75 Interchange.
RESOLUTION NO.3764-7-20(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS (FIXED PRICE),BY AND BETWEEN
THE CITY OF ALLEN,TEXAS,AND THE STATE OF TEXAS,ACTING BY AND THROUGH THE
TEXAS DEPARTMENT OF TRANSPORTATION, FOR FUNDING FOR CERTAIN HIGHWAY
ALLEN CITY COUNCIL
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JULY 28,2020 PAGE 3
IMPROVEMENTS ON HIGHWAY NO. US 75 AT RIDGEVIEW DRIVE; AUTHORIZING ITS
EXECUTION BY THE CITY MANAGER, OR DESIGNEE; AND PROVIDING AN EFFECTIVE
DATE.
6. Authorize the City Manager to Execute an Interlocal Agreement with Collin County Regarding
the Redistribution of Collin County Bond Funds for the Ridgeview Drive and US75 Interchange
Project and the Ridgeview Drive,Chelsea Boulevard to US75,Construction Project.
7. Authorize the City Manager to Execute a Professional Services Contract with BW2 Engineers,
Inc., for the Design of Ridgeview Drive from Chelsea Boulevard to US75 in the Amount of
$261,500.
8. Authorize the City Manager to Execute a Contract with Whirlix Design, Inc., through the
BuyBoard Purchasing Cooperative for the Construction of Shade Structures at Bethany Lakes
Park and Hillside Park in the Amount of$121,241.
9. Receive the Summary of Property Tax Collections as of June 2020.
10. Receive the Financial Report for the Quarter Ended June 30,2020.
11. Receive the Investment Report for the Period Ended June 30,2020.
12. Transmit the Proposed 2020-2021 City Budget and the Proposed 2021-2025 Capital I mprov ement
Program.
The motion carried.
Regular Agenda
13. Set September 8, 2020, as the Public IIearing Date Regarding the Fiscal Year 2020-2021 City Tax
Rate.
MOTION: Upon a motion by Councilmember Schulmeister and a second by Mayor Pro Tern Caplinger,
the Council voted six (6) for and none (0) opposed to set Tuesday, September 8, 2020, at
7:00 P.M., at Allen City Hall, 305 Century Parkway,Allen, Texas as the date, time and place
for the Public Hearing on the proposed City Tax Rate of 48.9 cents per$100 of appraised value
for the Fiscal Year 2020-2021.The motion carried.
14. Set September 8, 2020, as the Public Hearing Date Regarding the Fiscal Year 2020-2021 City
Budget.
MOTION: Upon a motion by Councilmember Kizer and a second by Mayor Pro Tern Caplinger, the
Council voted six(6)for and none(0)opposed to set Tuesday, September 8,2020,at 7:00 P.M.
at Allen City Hall,305 Century Parkway,Allen,Texas as the date,time and place for the Public
Hearing on the City's Proposed Fiscal Year 2020-2021 Budget in accordance with Article IV,
Section 4.04 of the City Charter.The motion carried.
Mayor Stout filed an Affidavit of Conflict of Interest with the City Secretary for Agenda Item No. 15 and
recused herself from the dais.
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JULY 28,2020 PAGE 4
II15. Conduct a Public Hearing and Adopt a Resolution Approving the 2020-2024 Consolidated Plan
and 2020-2021 Annual Action Plan for the Community Development Block Grant (CDBG)
Program.
Mayor Pro Tern Caplinger opened the public hearing and asked anyone wishing to speak for or against
this item to do so at this time.
The following individual did not speak,but wished to record their support of the item:
Zain Vadsariya, 1012 Gardenia Street, Carrollton,Texas.
With no one else speaking,Mayor Pro Tern Caplinger closed the public hearing.
RESOLUTION NO.3765-7-20(R):A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2020-2024 CONSOLIDATED PLAN
AND THE 2020-2021 ANNUAL ACTION PLAN;AUTHORIZING ITS SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); REPEALING ALL
RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
MOTION: Upon a motion by Councilmember Doherty and a second by Councilmember Clemencich,the
Council voted five (5) for and none (0) opposed to adopt Resolution No. 3765-7-20(R), as
previously captioned, approving the 2020-2024 Consolidated Plan and 2020-2021 Annual
II Action Plan for the Community Development Block Grant (CDBG) Program. The motion
carried.
Mayor Stout returned to her place on the dais.
16. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of
Planned Development "PD" No.78 Corridor Commercial CC for Allen Premium Outlets,Lot 1,
Block 2 and to Amend the Kiosk Site Plan; Generally Located North of Stacy Road and West of
U.S. Highway 75. [Allen Premium Outlets-Kiosks]
Mayor Stout opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
The following individual did not speak, but wished to record their support of the item:
Zain Vadsariya, 1012 Gardenia Street, Carrollton,Texas.
With no one else speaking,Mayor Stout closed the public hearing.
ORDINANCE NO. 3766-7-20: 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 LOT 1,BLOCK 2,ALLEN PREMIUM OUTLETS, PRESENTLY ZONED AS
PLANNED DEVELOPMENT "PD" NO. 78 CORRIDOR COMMERCIAL "CC" BY AMENDING
THE DEVELOPMENT REGULATIONS RELATING TO CARTS AND KIOSKS AND ADOPTING
AN AMENDED KIOSK SITE 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.
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JULY 28,2020 PAGE 5
MOTION: Upon a motion by Mayor Pro Tern Caplinger and a second by Councilmember Kizer, the
Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3766-7-20, as
previously captioned,to amend the Development Regulations of Planned Development No. 78
for a property generally located north of Stacy Road and west of U.S.Highway 75.The motion
carried.
17. Conduct a Public Hearing and Adopt an Ordinance to Amend the Development Regulations of
Planned Development PD No. 131 Shopping Center "SC" and to Adopt a Sign Location Map,
Sign Elevations and Sign Schedule for Lyrick Addition,Block A,Lot 4; Generally Located at the
Southwestern Corner of the Intersection of Bethany Drive and Greenville Avenue. [QuikTrip]
The Planning Commission recommended denial of this request. In accordance with the Allen Land
Development Code, a favorable vote of three-fourths (%) of all the members of the entire Council is
required in order to approve a request denied by the Commission.
Mayor Stout opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
The following individual did not speak,but wished to record their support of the item:
Zain Vadsariya, 1012 Gardenia Street, Carrollton,Texas.
With no one else speaking,Mayor Stout closed the public hearing.
MOTION: Upon a motion by Councilmember Kizer and a second by Councilmember Schulmeister, the
Council voted four(4)for and two(2)opposed,with Mayor Stout and Councilmember Doherty
casting the negative votes,to approve the request and to amend the Development Regulations
of Planned Development PD No. 131 for a property generally located at the southwestern
corner of the intersection of Bethany Drive and Greenville Avenue.The motion failed.
18. Conduct a Public Hearing and Adopt an Ordinance for a Specific Use Permit SUP for a
Convenience Store Use for a 1,200±Square Foot Portion of a Building Located on Lot 1,Block 2,
Allen Premium Outlets; Generally Located North of Stacy Road and West of U.S. Highway 75
(commonly known as 820 W Stacy Road,Suite 254) [Zee's Stop (APO)]
Mayor Stout opened the public hearing and asked anyone wishing to speak for or against this item to
do so at this time.
The following individual did not speak,but wished to record their support of the item:
Zain Vadsariya, 1012 Gardenia Street, Carrollton,Texas.
With no one else speaking,Mayor Stout closed the public hearing.
ORDINANCE NO. 3767-7-20: 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. 175 AUTHORIZING A 1,200± SQUARE FOOT PORTION OF A BUILDING LOCATED ON
LOT 1, BLOCK 2,ALLEN PREMIUM OUTLETS; PRESENTLY ZONED AS AND LOCATED IN
PLANNED DEVELOPMENT "PD" NO. 78 COMMERCIAL CORRIDOR "CC" ZONING
DISTRICT TO BE USED FOR A CONVENIENCE STORE USE; PROVIDING A CONFLICTS
RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
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JULY 28,2020 PAGE 6
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 by Councilmember Kizer and a second by Mayor Pro Tern Caplinger, the
Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3767-7-20, as
previously captioned, for Specific Use Permit No. 175 for a Convenience Store use. The
motion carried.
Other Business
19. Calendar.
20. Item of Interest.
Mayor Stout announced that plexiglass panels were recently installed to provide a barrier between the
Council so those sitting at the dais could participate in the meeting without masks to allow those in the
audience to hear and better understand the Council's discussion.
Executive Session
The Executive Session was not held.
Adjournment
MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember
Doherty,the Council voted six(6)for and none(0)opposed to adjourn the Regular Meeting of
the Allen City Council at 8:08 p.m. on Tuesday,July 28, 2020. The motion carried.
These minutes approved on the 11`h day of August 2020.
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ATTEST:
She ey B. George,TRMC, CITY CRETARY