Min - City Council - 2022 - 12/13 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 13,2022
Present:
Allen City Council: -
Kenneth M.Fulk,Mayor
Chris Schulmeister,Mayor Pro Tern
Daren Meis(absent)
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 Secretary
Teresa Warren,Director,Public and Media Relations
Rocio Gonzalez,Deputy City Secretary
Pete Smith, City Attorney(absent)
Victoria Thomas,Attorney
Workshop Session
1. Call to Order and Announce a Quorum is Present
With a quorum of the Allen City Council present,the Workshop of the Allen City Council was called
to order by Mayor Fulk at 6:00 p.m.on Tuesday,December 13,2022,in the Basement Meeting Rooms
of Allen City Hall, 305 Century Parkway,Allen,Texas.
2. Items of.Interest
2.1 City-wide pavement condition assessment results.
2.2 Committee updates from City Council Liaisons.
2.3 Questions on the current Agenda.
3. Adjourn to Regular Meeting
With no further discussion,Mayor Fulk adjourned the Workshop of the Allen City Council at 6:58 p.m.
on Tuesday, December 13, 2022, in the Basement Meeting Rooms of Allen City Hall, 305 Century
Parkway,Allen,Texas.
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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, December 13, 2022, in the City Council
Chambers of Allen City Hall, 305 Century Parkway,Allen,Texas.
2. Pledge of Allegiance
3. Public Recognition
3.1 Presentation of a Blue Star Flag to Family Members of Allen Service Personnel Currently
Serving in the U.S.Armed Forces.
• Ty and Lisa Westfall, parents of Lieutenant Andrew Westfall with the Texas Army
National Guard
3.2 Presentation of a Check by Mayor Fulk and the Allen City Council to the Allen Library
Endowment Fund as a recipient of the 2022 State of Allen event.
3.3 Recognition by the State of Texas 0Alliance for Recycling (STAR) for Texas
Environmental Leadership Awards.
• "Excellence in Environmental Awareness Education" - Allen ISD - Gifted and Talented
Program
• Honorable Mention for"All Star Elected Official" -Mayor Ken Fulk
• "Lifetime Recycling Achievement" -Donna Kliewer
3.4 Recognition of the Allen Information Technology Department for the Info-Tech CIO and
Digital Cities Awards.
• Third Place,Top Digital City 2022 for population 75K-125K
• 2022 Future Ready Winner
• 2022 Chief Information Officer Award—Eric Matthews
4. Citizens' Comments
5. Consent Agenda
MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember
Corneae,the Council voted six(6)for and none(0)opposed to approve all items on the Consent
Agenda as follows:
5.1 Approve minutes of the November 8,2022,Regular City Council Meeting.
5.2 Approve minutes of the November.22,2022,Regular City Council Workshop.
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DECEMBER 13,2022 PAGE 3
5.3 Adopt an Ordinance amending the Code of Ordinances, Chapter 13, Streets and
Sidewalks,Article 1,Sections 13-3 and 13-3.1 for Sidewalk Maintenance and Liability.
ORDINANCE NO. 3969-12-22: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF
ORDINANCES BY AMENDING SECTIONS 13-3 AND 13-3.1 OF THE CODE TO
PROVIDE FOR SIDEWALK MAINTENANCE AND LIABILITY IN THE CITY;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY 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.
5.4 Adopt a Resolution approving the terms and conditions of an Advance Funding
Agreement(AFA)with the State of Texas acting by and through the Texas Department
of Transportation for funding traffic signal safety improvements.
RESOLUTION NO.3970-12-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND
CONDITIONS OF AN ADVANCE FUNDING AGREEMENT FOR HIGHWAY SAFETY
IMPROVEMENT PROJECT OFF-SYSTEM,BY AND BETWEEN THE CITY OF ALLEN,
TEXAS, AND THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS
DEPARTMENT OF TRANSPORTATION; AUTHORIZING ITS EXECUTION BY THE
CITY MANAGER;AND PROVIDING AN EFFECTIVE DATE.
5.5 Adopt a Resolution Approving the terms and conditions of an Advance Funding
Agreement(AFA)with the State of Texas Acting by and through the Texas Department
of Transportation for funding landscape and scenic elements to the Allen Drive and US75
Interchange.
RESOLUTION NO.3971-12-22(R): A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND
CONDITIONS OF AN ADVANCE FUNDING AGREEMENT FOR GOVERNOR'S
COMMUNITY ACHIEVEMENT AWARD PROJECT AND GREEN RIBBON ON-
SYSTEM PROJECT AT US 75 AND NORTH ALLEN DRIVE, BY AND BETWEEN THE
CITY OF ALLEN,TEXAS,AND THE STATE OF TEXAS,ACTING BY AND THROUGH
THE TEXAS DEPARTMENT OF TRANSPORTATION; AUTHORIZING ITS
EXECUTION BY THE CITY MANAGER;AND PROVIDING AN EFFECTIVE DATE.
5.6 Adopt a Resolution Establishing the 2023 State Legislative Program for the City of Allen.
RESOLUTION NO. 3972-12-22(R): A RESOLUTION.OF THE CITY COUNCIL OF THE
CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A STATE LEGISLATIVE
PROGRAM;AND PROVIDING AN EFFECTIVE DATE.
5.7 Reappoint Cynthia Porter Gore as the Municipal Court Judge and Authorize the City
Manager to Execute an Employment Agreement Relating to her Appointment for a
Period Ending December 31,2024.
5.8 Reappoint Michelle Montemayor and Donald McDermitt as the Alternate Court Judges
and appoint Terri Daniel as an additional Alternate Court Judge and Authorize the City
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Manager to Execute Employment Agreements Relating to their Appointments for a
Period Ending December 31,2024.
5.9 Reappoint Kevin Hoffman, MD, as the Health Authority for the City of Allen in
accordance with Section 121.033 of the Texas Health and Safety Code and authorize the
City Manager to Execute an Agreement Relating to his appointment for a Period Ending
December 31,2024.
5.10 Authorize the City Manager to negotiate and execute amendments to the Agreements
relating to the Purchase and Sale of a Portion of Lot 2,Block A,North System Exchange
Parkway Addition and Lot 1R,Block A,First Christian Church Addition.
5.11 Authorize the City Manager to execute amendments to the Economic Development
Incentive and Easement Agreement and the Project Development Agreement with The
Farm Development Co.to extend the required completion date for the Phase 1 Project to
December 31,2024.
5.12 Authorize the City Manager to execute a contract addition with Unite Private
Network/Fiber Platform for Leased Fiber Services for Ten (10) Years to add fiber for
Stephen G. Terrell Recreation Center (STRC) and Fire Station 6 in the average annual
amount of$24,000 for those new locations for a total average annual contract value for
all nine leased lines of approximately$113,400.
5.13 Award bid and authorize the City Manager to execute a contract with S&J Officials,
LLC,for officiating services for adult recreation leagues in the amount of$165,721,for a
one-year term with two additional one-year renewal options.
5.14 Authorize the City Manager to execute a contract with East Bay Restaurant Supply,Inc.,
for the purchase of food service equipment at the Stephen G. Terrell Recreation Center
for$163,311.
5.15 Authorize the City Manager to execute a contract with Sunbelt Pools for the replacement
of the indoor waterslide at Don Rodenbaugh Natatorium in the amount of$596,070.
5.16 Authorize the City Manager to execute the purchase and installation of fitness equipment
from Team Marathon Fitness and Advanced Exercise for the Stephen G. Terrell
Recreation Center.for$1,088,836.
5.17 Motion to Cancel the December 27,2022,Regular City Council Meeting.
5.18 Set January 28, 2023, as the date for the Strategic Planning Session with Allen City
Council.
The motion carried.
6. Regular Agenda
6.1 Conduct a Public Hearing and adopt.an Ordinance to establish a Planned Development
with -a base zoning district of Corridor Commercial, and to adopt Development
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Regulations,Concept Plan,Zoning Exhibit,Landscape Plan,and Building Elevations for
property generally located northwest of US Highway 75 and Curtis Lane. [Montfort
Capital]
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. 3973-12-22: 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 RELATING TO THE DEVELOPMENT AND USE OF
6.673± ACRES LOCATED IN THE L.K PEQUES SURVEY AND ABSTRACT NO. 702,
AND F.0 WILMETH SURVEY, ABSTRACT NO. 999, BY CHANGING THE ZONING
FROM CORRIDOR COMMERCIAL"CC"TO PLANNED DEVELOPMENT"PD"NO. 148
FOR CORRIDOR COMMERCIAL"CC";ADOPTING DEVELOPMENT REGULATIONS,
A CONCEPT PLAN,A ZONING EXHIBIT,A CONCEPTUAL LANDSCAPE PLAN,AND
BUILDING ELEVATIONS; 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 Shafer and a second by Councilmember Clemencich,
the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3973-12-22, as
previously captioned, establishing Planned Development No. 148 with a base zoning of
Corridor Commercial. The motion carried.
6.2 Conduct a Public Hearing and adopt an Ordinance to amend the development regulations
of Planned Development.No.98 with a base zoning of Single Family and adopt a Concept
Plan,Building Elevations,and a Landscape Plan for Lots 1-18,Block A,Lots 1-9,Block
B, and Lots 1-3,Block X,Ridgeview Villas,generally located south of Ridgeview Drive
and east of Exchange Parkway. [Ridgeview Villas]
Mayor.Fulk opened the public hearing and asked anyone wishing to speak for or against this
item to do so at this time.
The following individuals spoke against this item:
Kevin Ghademi, 1536 Hennessey,Allen, Texas; and,
Tariq Hasan, 1526 Hennessey Drive,Allen,Texas; and,
Robert Kitts, 1518 Hennessey Drive,Allen,Texas: and,
Kapil Sahasgabudhe, 1542 Hennessey Drive,Allen,Texas.
MOTION: Upon a motion made by Mayor Pro Tern Schulmeister and a second by Councilmember
Cornette,the Council voted six(6)for and none(0)opposed to table this item and continue the
public hearing to the Regular Meeting on January 10,2023. The motion carried.
6.3 Conduct a Public Hearing and adopt an Ordinance for a Specific Use Permit authorizing
approximately 2,087f square foot portion of a building for a Medical or Dental Office use
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generally located at the northeast corner of the intersection of Exchange Parkway and
Twin Creeks Drive and commonly known as 1420 Exchange Parkway B130, to be
developed and used as a Medical or Dental Office. [ClearLife PLLC]
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. 3974-12-22: 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
GRANTING SPECIFIC USE PERMIT NO. 185 AUTHORIZING AN APPROXIMATELY
2,097±SQUARE FOOT PORTION OF A'BUILDING LOCATED ON LOT 1R, BLOCK A,
THE READING RANCH ADDITION (AND COMMONLY KNOWN AS 1420 W.
EXCHANGE PARKWAY, BUILDING B, UNIT 130) PRESENTLY ZONED FOR
PLANNED DEVELOPMENT "PD" NO. 53 COMMUNITY FACILITIES "CF" TO BE
USED FOR A MEDICAL OR DENTAL OFFICE 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 Councilmember Trahan and a second by Councilmember Corneae,
the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3974-12-22, as
previously captioned,granting Specific Use Permit No. 185 for a Medical or Dental Office use.
The motion carried.
6.4 Conduct a Public Hearing and adopt an Ordinance to establish a Planned Development
with a base zoning district of Corridor Commercial, and to adopt Development
Regulations, Concept Plan, Zoning Exhibit, and Building Elevations for a Property
generally located south of State Highway 121 and approximately 600 feet west of Watters
Road. [TX-121 Commerce Center]
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. 3975-12-22: 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 RELATING TO THE USE AND DEVELOPMENT OF
A 12.785+/- ACRE TRACT OF LAND SITUATED IN THE H. SEABORN AND R.
CLEMENTS SURVEY, ABSTRACT NO. 879; PRESENTLY LOCATED IN PLANNED
DEVELOPMENT "PD" NO. 40 CORRIDOR COMMERCIAL, BY CHANGING THE ,
ZONING AND CREATING PLANNED DEVELOPMENT"PD"NO. 149 FOR CORRIDOR
COMMERCIAL "CC" AND ADOPTING DEVELOPMENT REGULATIONS, A ZONING
EXHIBIT, A CONCEPT PLAN, AND BUILDING ELEVATIONS; PROVIDING FOR A
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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 Schulmeister and a second by Councilmember
Clemencich,the Council voted six(6)for and none(0)opposed to adopt Ordinance No. 3975-
12-22, as previously captioned, establishing Planned Development 149 with a base zoning of
Corridor Commercial with the extension of the requirement of the filing of deed to no later than
January 16,2023. The motion carried.
7. Other Business
7.1 Calendar.
• December 23 and 26-City Hall Closed for Christmas Holidays
• December 27-Council Workshop and Regular Meeting Canceled
• January 2-City Hall Closed for New Year's Day Holiday
• January 10-Next Regular Council Meeting.
7.2 Items of Interest.
• Mayor Fulk announced his charity of the month for December is the Boys and Girls Club
of Collin County.
• Mayor Pro Tern Schulmeister congratulated the Allen Fairview Chamber of Commerce for
being awarded by the U.S. Chamber of Commerce with Five-Star accreditation.
Mayor Fulk announced the Executive Session and recessed the Regular Session at'8:35 p.m.
8. Executive Session(As needed).
In accordance with the Texas Government Code, the Allen City Council convened into Executive
Session at 8:40 p.m. on Tuesday, December 13, 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 551.087; Deliberation of Economic
Development Negotiations.
• Economic Development projects along the SH 121 Corridor.
The Executive Session adjourned at 9:12 p.m. on Tuesday,December 13,2022.
8.2 Reconvene and consider action on items resulting from Executive Session.
The Allen City Council reconvened into the Regular Meeting at 9:15 p.m. on Tuesday,
December 13,2022. No action was taken on items discussed during Executive Session.
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Adjournment
Mayor Fulk adjourned the Regular Meeting of the Allen City Council at 9:15 p.m. on Tuesday,December 13,
2022.
These minutes were approved on the 10th day of January 2023.
APP OVED::E
/1
nneth M.Fulk,MAYOR
ATTEST:
Shelley B.Geo ,TRMC,C . SECRETARY
I