Min - City Council - 2023 - 05/15 - Special Called ALLEN CITY COUNCIL
SPECIAL CALLED MEETING
MAY 15,2023
Present:
Allen City Council:
Kenneth M. Fulk,Mayor
Chris Schulmeister,Mayor Pro Tem
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 Secretary
Rocio Gonzalez,Deputy City Secretary
Teresa Warren,Director,Public and Media Relations
Pete Smith, City Attorney
Workshop Session
The Workshop Session was not held.
Regular Meeting
1. Call to Order and Announce a Quorum is Present
With a quorum of the Allen City Council present,the Special Called Meeting of the Allen City Council
was called to order by Mayor Fulk at 7:00 p.m. on Tuesday, May 15, 2023, in the City Council
Chambers of Allen City Hall, 305 Century Parkway,Allen,Texas.
2. Pledge of Allegiance
Mayor Fulk asked everyone to join him and the Allen City Council in a moment of silence in
remembrance of the victims of the May 6 tragedy.
3. Consider All Matters Incident and Related to the
General Election Held on May 6,2023
3.1 Conduct the Canvass of Election Returns and Adopt a Resolution Declaring the Results
of the Joint General Election for City Councilmembers held on May 6,2023.
ALLEN CITY COUNCIL
SPECIAL CALLED MEETING
MAY 15,2023 PAGE 2
Ms. George reviewed for the City Council the election returns for the City Council General
Election for the City Councilmembers for Mayor and Councilmember Place No. 2. She
distributed and reviewed handout materials including early voting totals, Election Day totals,
and the combined Election totals. She also reviewed voting statistics, including 69,377
registered voters and 7,004 total votes,which indicated a 10.1%voter turnout. Any votes cast
by military overseas ballots (FPCA - Federal Post Card Application) and provisional ballots
have been verified by the Early Voting Ballot Board and are included in the verified totals.The
totals verified the following results:
EARLY BALLOTS REGULAR PROWS- TOTAL
VOTES BY MAIL VOTES IONAL VOTES
CAST CAST BALLOTS CAST
MAYOR
BAINE BROOKS 3,892 57 1,699 1 5,649
COUNCILMEMBER
PLACE NO.2
NATHAN POLSKY 1,025 11 542 0 1,578
TOMMY BARIL 3,199 56 1,268 1 4,524
RESOLUTION NO.3996-5-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DECLARING THE RESULTS OF THE JOINT GENERAL
ELECTION OF THE CITY OF ALLEN HELD MAY 6,2023,FOR THE PURPOSE OF ELECTING
THE MAYOR AND CITY COUNCILMEMBER FOR PLACE NO.,2; AND PROVIDING AN
EFFECTIVE DATE.
MOTION: Upon a motion by Mayor Pro Tem Schulmeister and a second by Councilmember Shafer, the
Council voted seven(7)for and none(0)opposed to approve Resolution No. 3996-5-23(R),as
previously captioned, declaring the results of the May 6, 2023, Joint General Election. The
motion carried.
Mayor Fulk announced that the Canvass of the Election was completed.
4. Reports
4.1 Community Waste Disposal(CWD)Annual Report.
5. Citizens' Comments
6. Consent Agenda
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 approve the Consent Agenda
as follows:
6.1 [Continued Item]-Approve minutes of the April 25,2023,Regular City Council Meeting.
6.2 Approve minutes of the May 9,2023,Regular City Council Meeting.
ALLEN CITY COUNCIL
SPECIAL CALLED MEETING
MAY 15,2023 PAGE 3
6.3 [Continued Item] —Adopt an Ordinance granting a request for variances from Section
6.03.5.5(b) of the Allen Land Development Code and Section 8-16(a)(1) of the Code of
Ordinances by authorizing the sale of alcoholic beverages on 12.562±acres located at the
northwest corner of Exchange Parkway and N.Greenville Avenue and less than 300 feet
from [property used as a public school.
ORDINANCE NO.3997-5-23: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, GRANTING A VARIANCE PURSUANT TO
SECTION 8-16(e) OF THE CODE OF ORDINANCES OF THE CITY OF ALLEN TO
AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES ON 12.562± ACRES OUT OF
THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, DESCRIBED IN EXHIBIT"A"
HERETO LOCATED WITHIN 300 FEET OF A PUBLIC SCHOOL; PROVIDING
CONDITIONS TO SUCH VARIANCE; REPEALING ORDINANCE NO. 3876-11-21;
PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
6.4 [Continued Item] — Authorize the City Manager to execute a contract with Lawn Star
Landscape, for mowing municipal buildings, parks, rows, medians, greenbelts, and
easements for$589,215,with the option for five,one-year renewals.
The motion carried.
7. Regular Agenda
7.1 [Continued Item] - Adopt a Resolution establishing rates and fees for commercial and
residential solid waste,recycling,and household hazardous waste services.
RESOLUTION NO. 3998-5-23(R): A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ALLEN,COLLIN COUNTY,TEXAS,ESTABLISHING FEES AND RATES FOR
RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION SERVICES;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;AND
PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Corvette and a second by Councilmember
Clemencich,the Council voted seven(7) for and none(0) opposed to approve Resolution No.
3998-5-23(R), as previously captioned, establishing rates and fees for commercial and
residential solid water,recycling,and household hazardous waste services.The motion carried.
7.2 [Continued Item] - Authorize the City Manager to execute a fifth amendment to the
contract for commercial and residential solid waste collection, disposal, and recycling
services with Community Waste Disposal (CWD) to extend the contract period through
May 31,2029,and incorporate other contract modifications.
MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Cornette,the
Council voted six(6)for and one(1) opposed,with Councilmember Meis casting the negative
vote,to authorize the City Manager to execute a fifth amendment to the contract for commercial
and residential solid waste collection,disposal, and recycling services with Community Waste
Disposal (CWD) to extend the contract period through May 31, 2029 and incorporate other
contract modifications. The motion carried.
ALLEN CITY COUNCIL
SPECIAL CALLED MEETING
MAY 15,2023 PAGE 4
7.3 [Continued Item] -Conduct a Public Hearing and adopt an Ordinance for a Specific Use
Permit authorizing a "Private Club" use on Lot 1, Block A, Allen Heights Shopping
Center; generally located north of Main Street and west of Allen Heights Drive. [Hookah
House]
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.
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 deny a Specific Use Permit for a Private
Club Use. The motion carried.
7.4 [Continued Item] -Conduct a Public Hearing and adopt an Ordinance for a Specific Use
Permit authorizing a "Restaurant/Private Club" use on Lot 7A-1, Block A, The Village
at Allen; generally located south of Stacy Road and east of U.S. HWY 75. [Shakertins
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.3999-5-23: 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
GRANTING SPECIFIC USE PERMIT NO. 188 AUTHORIZING AN APPROXIMATELY
3,599± SQUARE FOOT PORTION OF A BUILDING LOCATED ON LOT 7A-1, BLOCK
A, THE VILLAGE AT ALLEN, PRESENTLY ZONED FOR PLANNED DEVELOPMENT
"PD"NO. 73 SHOPPING CENTER"SC"TO BE USED FOR A RESTAURANT/PRIVATE
CLUB USE; 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 Mayor Pro Tem Schulmeister and a second by Councilmember
Clemencich, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
3999-5-23, as previously captioned, approving Specific Use Permit No. 188 for
Restaurant/Private Club use. The motion carried.
8. Other Business
8.1 Calendar.
• May 23 - City Council Reception(in lieu of the Council Workshop), 5:30 p.m.
• May 29 -City Facilities will be Closed in Observance of Memorial Day.
•
ALLEN CITY COUNCIL
SPECIAL CALLED MEETING
MAY 15,2023 PAGE 5
8.2 Items of Interest.
• Councilmember Cornette congratulated the Allen Americans for a great season and for
making it Mountain Division Finals for the 2023 Kelly Cup Playoffs.
• Mayor Pro Tern Schulmeister expressed his appreciation to the Vocal Majority Choir for
its special benefit concert to raise funds for the victims and the families of the May 6
tragedy.
• Mayor Pro Tern Schulmeister recognized Mayor Fulk and Councilmember Clemencich for
their service on the City Council.
• Mayor Fulk announced Living for Zachary as his Charity of the Month for May.
9. Executive Session
10. Adjournment
Mayor Fulk adjourned the Special Called Meeting of the Allen City Council at 8:05 p.m. on Tuesday,
May 15,2023.
These minutes were approved on the 23'day of May 2023.
APPROVED:
•
Bai oks
ATTEST:
Shilley B.George C, TY SE . ETARY