Min - City Council - 2023 - 02/28 - Regular ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 28,2023
Present:
Allen City Council:
Kenneth M. Fulk,Mayor
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(absent)
Shelley B. George,City Secretary(absent)
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 of the Allen City Council was called
to order by Mayor Fulk at 6:00 p.m. on Tuesday, February 28, 2023,in the Basement Meeting Rooms
of Allen City Hall, 305 Century Parkway,Allen,Texas.
2. Discussion Items
2.1 Review Quarterly Financial Reports.
2.2 Update on Capital Improvement Projects.
2.3 Committee updates from City Council Liaisons.
2.4 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 6:51 p.m.
on Tuesday, February 28, 2023, in the Basement Meeting Rooms of Allen City Hall, 305 Century
Parkway,Allen,Texas.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 28,2023 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, February 28, 2023, in the City Council
Chambers of Allen City Hall, 305 Century Parkway,Allen,Texas.
2. Pledge of Allegiance
3. Public Recognition
3.1 "Take Care of Texas"Video Contest Winner
• Olivia Kim, 7`h Grade,Ereckson Middle School
Arbor Day Poster Contest Winners
• 1St Place- Sudikcha Sripathi, 5th Grade, Cheatham Elementary School
• 2nd Place—Priha Muttyal, 5th Grade, Cheatham Elementary School
• 3`d Place—Aahana Gaur, 5th Grade, Cheatham Elementary School
4. Citizens' Comments
• Radha Krishna Temple, 1450 N. Watters Road, Allen,Texas, spoke regarding the Dallas Holifest
event on March 11,2023.
• Jack Brothers, 501 Stretford Lane,Allen,Texas, spoke regarding Stormwater Management.
5. Consent Agenda
MOTION: Upon a motion made by Mayor Pro Tem Schulmeister and a second by Councilmember
Cornette, the Council voted seven (7) for and none (0) opposed to approve all the Consent
Agenda as follows:
5.1 Approve minutes of the February 14,2023,Regular City Council Meeting.
5.2 Adopt an Ordinance .amending the .Code of Ordinances, Chapter 13, "Streets and
Sidewalks," Article 1,Section 13-3 for "Sidewalk Maintenance and Liability."
ORDINANCE NO. 3985-2-23: AN ORDINANCE OF THE CITY COUNCIL OF THE.
CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF
ORDINANCES BY AMENDING SECTION 13-3 OF THE CODE TO PROVIDE FOR
SIDEWALK MAINTENANCE RESPONSIBILITY AND LIABILITY IN THE CITY;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS($2,000.00)FOR EACH OFFENSE;AND PROVIDING AN EFFECTIVE DATE.
The motion carried.
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FEBRUARY 28,2023 PAGE 3
6. Regular Agenda
6.1 Conduct a Public Hearing and adopt an Ordinance to amend the development regulations
of Planned Development No. 4 with a base zoning of Shopping Center and to adopt a
Zoning Exhibit, Concept Plan, Landscape Plan, and Building Elevations for property
generally located southeast of Greenville Avenue and Hightrail Drive. [Allen Flex Center]
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.3986-2-23: 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
7.459+/- ACRES OUT THE RUFUS SEWALL SURVEY, ABSTRACT NO. 875;
PRESENTLY LOCATED IN PLANNED DEVELOPMENT "PD" NO. 4 SHOPPING
CENTER ADOPTING A ZONING EXHIBIT, DEVELOPMENT REGULATIONS, A
CONCEPT PLAN,BUILDING ELEVATIONS,AND A LANDSCAPE PLAN;PROVIDING
FOR A CONFLICTS RESOLUTION CLAUSE;PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
111 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 seven (7) for and none (0) opposed to adopt Ordinance No.
3986-2-23,as previously captioned,to amend Planned Development No. 4 with a base zoning
of Shopping Center with the additional requirement that no Certificate of Occupancy shall be
granted for Building A or Building B as designated on the Concept Plan until the
commencement of construction has occurred on Buildings C, D and E as designated on the
Concept Plan. The motion carried.
6.2 Conduct a Public Hearing and adopt an Ordinance to amend the development regulations
of Planned Development No. 45 with a base zoning of Shopping Center relating to the
installation of signs and adopt an amendment to the sign plan for a property generally
located southwest of Stacy Road and Central Expressway. [Outback Allen]
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.3987-2-23: 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 USE AND DEVELOPMENT REGULATIONS OF PLANNED
DEVELOPMENT "PD"NO. 45 WITH A BASE ZONING OF SHOPPING CENTER "SC"
AS ADOPTED BY ORDINANCE NO. 3529-10-17 RELATING TO THE INSTALLATION
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FEBRUARY 28,2023 PAGE 4
111 OF SIGNS ON LOT 3R1, BLOCK A, STACY GREEN; 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 Cornette,the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3987-2-23, as
previously captioned,to amend Planned Development No.45 with a base zoning of Shopping
Center and to adopt an amendment to Exhibit"G"Sign Plan,as presented.The motion carried.
6.3 Conduct a Public Hearing and adopt an Ordinance to amend the Allen Land
Development Code by amending Subsection 6 of Section 4.10, authorizing home
occupations in residential accessory buildings and repealing certain advertising
restrictions; approving Section 4.11, adding regulations for commercial accessory
structures; by removing"Restaurant/Private Club"as a use in Section 4.20.3; amending
Section 6.05 to add Section 6.05.5 regarding amending an approved site plan; amending
Section 7.04.1 to add regulations for parallel parking space dimensions;amending Section
7.05.4 regarding the number of required trees for new single-family residential
development to be planted; Appendix A amending the definition "medical or dental
office"and amending or removing various restaurant classifications and definitions; and
Appendix C removing Texas Ash as a recommended overstory shade tree species.
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.
Nathan Polsky, 1108 Timberline Lane,Allen,Texas, spoke in favor of this Item.
With no one else speaking,Mayor Fulk closed the public hearing.
ORDINANCE NO. 3988-2-23: AN ORDINANCE OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS
AMENDED, BY AMENDING: SECTION 4.10, "RESIDENTIAL ACCESSORY USE
REGULATIONS" BY AMENDING SUBSECTION 6, "HOME OCCUPATIONS";
SECTION 4.11, "COMMERCIAL ACCESSORY USE REGULATIONS" RELATING TO
REGULATION OF NON-RESIDENTIAL ACCESSORY USES AND ACCESSORY
BUILDINGS; SECTION 4.20.3 "SCHEDULE OF ACCESSORY USES" BY REMOVING
THE USE"RESTAURANT/PRIVATE CLUB;" SECTION 6.05 "SITE PLAN APPROVAL"
BY ADDING SECTION 6.05.5 TITLED "SITE PLAN AMENDMENTS; SECTION 7.04.1.
"VEHICLE PARKING" SUBSECTION 4 "MINIMUM DIMENSIONS FOR OFF-STREET
PARKING" BY ADDING A PARAGRAPH REGULATING PARALLEL PARKING
SPACES; SECTION 7.05.4 "TREE PLANTING REQUIREMENTS FOR NEW SINGLE-
FAMILY RESIDENTIAL DEVELOPMENT (ATTACHED AND DETACHED)";
APPENDIX A "DEFINITIONS," BY DELETING THE DEFINITIONS FOR
"RESTAURANT OR CAFETERIA (NO DRIVE IN SERVICE)," "RESTAURANT OR
EATING PLACE(DRIVE-IN SERVICE),"AND"RESTAURANT/PRIVATE CLUB"AND
AMENDING THE DEFINITIONS FOR "MEDICAL OR DENTAL OFFICE,"
"RESTAURANT (NO DRIVE-IN OR THROUGH)," AND RESTAURANT (WITH A
DRIVE-IN OR DRIVE-THROUGH);" AND APPENDIX C "TREES AND PLANTS" BY
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FEBRUARY 28,2023 PAGE 5
DELETING "TEXAS ASH" FROM THE RECOMMENDED LIST OF OVERSTORY
(SHADE) TREES; 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 made by Councilmember Shafer and a second by Councilmember Meis, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3988-2-23, as
previously captioned,to amend the Allen Land Development Code. The motion carried.
6.4 Make appointments to fill vacancies on various Boards and Committees.
Mayor Fulk moved to Item 7.
7. Other Business
7.1 Calendar.
7.2 Items of Interest.
• Councilmember Trahan announced that Allen CDC would host its Annual Town Hall
meeting in person and online on March 20 at 7:00 p.m. at Allen City Hall and encouraged
the public to submit a project for funding consideration by the March 13 deadline.
• Mayor Fulk announced Leia's Kids would host a Blood Drive on March 2 at 12:00 p.m.at
107 N. Greenville Avenue and encouraged the public to participate.
• Mayor Fulk announced"Heroes on the Water"as his Charity of the Month.
• Councilmember Cornette announced The Courses at Watters Creek would host a PGA
Hope program beginning March 16,2023,benefiting Veterans and Active-duty military.
• Council wished happy birthday to Fire Chief Jonathan Boyd.
Mayor Fulk recessed the Regular Agenda at 8:12 p.m. after he announced the Executive Session.
8. Executive Session
In accordance with the Texas Government Code, the Allen City Council convened into Executive
Session at 8:18 p.m.on Tuesday,February 28,2023,in the Council Conference Room of the Allen City
Hall, 305 Century Parkway,Allen,Texas,in order to discuss matters pertaining to:
8.1 Texas Government Code,Section 551.074 Personnel Deliberation:
• •Discussion of appointments to the Downtown Design Review Board,Board of Adjustment,
and Allen Community Development Corporation or other Quasi-Judicial Boards, as may
be necessary.
8.2 Texas Government Code,Section 551.087,Economic Development Deliberation:
• Sloan Corners Development.
The Executive Session adjourned at 8:53 p.m. on Tuesday,February 28,2023.
ALLEN CITY COUNCIL
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FEBRUARY 28,2023 PAGE 6
8.3 Reconvene and Consider Action on Items Resulting from Executive Session.
The Allen City Council reconvened into the Regular Meeting at 8:55 p.m. on Tuesday,
February 28, 2023, in the City Council Chambers of Allen City Hall, 305 Century Parkway,
Allen,Texas. The following action was taken on items discussed during Executive Session.
MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember
Corneae, the Council voted seven (7) for and none (0) opposed to appoint the following
individuals as recommended by the Council Nominating Committee to the designated places
on the respective Boards and Committees. The motion carried.
Downtown Design Review Board Expiration Date
Place No. 1 Gary Taylor September 30,2024
Place No. 2 Xi Breeding September 30,2026
Place No. 3 Sam Clark September 30,2024
Place No.4 Murry McKenzie September 30,2025
Place No. 5 James Hoffheins September 30,2024
Place No. 6 Ami Parikh September 30,2025
Place No. 7 Doug Galletti September 30,2026
Board of Adjustment/Building&Standards Commission/
Sign Board Expiration Date
Alt. Place No. 1 Steve Minick September 30,2025
Alt. Place No. 3 Kenneth Lindsay September 30,2025
Alt.Place No.4 Thomas K. Thomas September 30,2024
Public Art Committee Expiration Date
Place No. 3 Kirk Wilson September 30,2025
Community Development Corporation Expiration Date
Place No. 6 Thomas Johnson September 30,2024
Parks and Recreation Board Expiration Date
Place No. 4 Jill Kelley September 30,2024
No action was taken on Item 8.2.
9. Adjournment
Mayor Fulk adjourned the Regular Meeting of the Allen City Council at 9:00 p.m. on Tuesday, February 28,
2023.
ALLEN CITY COUNCIL
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FEBRUARY 28,2023 PAGE 7
These minutes were approved on the 14`h day of March 2023.
APPRO D:
K n eth M.Fulk,MAYOR
ATTEST:
She ey B.Geor TRMC, CITY S RETARY