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HomeMy WebLinkAboutMin - City Council - 1999 - 09/02 - RegularALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Bardemay Kenneth Falk Melissa Owen City Staff: Peter H. Vargas, City Manager Judy Morrison, City Secretary (absent) Shelley George, Assistant City Secretary Peter G. Smith, City Attorney DINNER AND PRE -MEETING WORKSHOP Call to Order and Announce a Our rum is Present (Agenda Item 1) With a quoram of the Councilmembers present, dinner and the pre -meeting workshop session of the Allen City Council was called to order by Mayor Terrell at 6:35 p.m. on Thursday, September 2, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Discuss Current Current Agenda (Agenda Item II) There was no discussion regarding the current agenda. Items of Interest (Agenda Item III) • Briefing Regarding the Natatorium Agreement Director of Parks and Recreation Don Horton reviewed revisions to the concept plan based upon the recommendations of the Allen Independent School District's (AISD) Citizen Committee. Those recommendations included: 1) increasing the width around the pool area to 15 feet; 2) increasing the depth of the shallow end of the pool to six feet; 3) including a row of portable seating along the east side of the pool room; and, 4) providing for the glass wall to be movable to accommodate large swim meets. These changes increased costs by $200,000. I ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 PAGE 2 Mr. Horton discussed the joint agreement as revised by the AISD regarding dual ownership, costs for AISD, the schematic design and joint usage of the facility He also discussed the time line for the project • Discussion Regarding Workshop with City Council and Planning and Zoning Commission City Manager Peter Vargas and the Council discussed sharing the results from the Large Lots Workshop with the Planning and Zoning Commission during a Joint Workshop Policy Aeenda (Agenda Item IV) There were no policy agenda items. The Workshop Session recessed at 7:08 p.m. REGULAR MEETING With a quorum of the Councilmembers present, the regular session of the Allen City Council convened by Mayor Terrell at 7:35 p in on Thursday, September 2, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas Public Recosmition (Agenda Item V) • Citizens' Comments Debbie Cosgrove, 1309 Lighthouse Lane, Allen, Texas, expressed concern over the two sign variances reaching this stage of the process based on the requirements of the sign ordinance. She expressed opposition to both variances proposed on the agenda and requested Council uphold the conditions set forth in the sign ordinance. Sandy Sanders, 920 Tyler, Allen, Texas, expressed her desire that Allen maintain its special appearance for future generations. She requested Council deny both variances on the agenda. Mike Leske, 1428 Capstan Drive, Allen, Texas, expressed opposition to both variance requests. He stated that many hours were given to the sign ordinance for standards that both residents and businesses could live with. Because this sign does not meet the needs as stated in the ordinance, it should be denied as requested. Consent Aeenda (Agenda Item VI) MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows A. Approve Minutes of the August 13 through 15, 1999, Budget Workshop. B. Approve Minutes of the August 17, 1999, Public Hearing on the Budget. ALLEN CITY COUNCIL } REGULAR MEETING SEPTEMBER 2, 1999 PAGE 3 C. Approve Minutes of the August 19, 1999, Regular Meeting The motion carried. Statutory Aaenda (Agenda Item VD) MOTION: Upon a motion made by Councilmember Gallagher, the Council removed the following item from the Statutory Agenda: A Adopt an Ordinance Changing the Zoning from Agriculture -Open Space to a Planned Development District for Single Family Residential and Community Facility Uses for a Public Park Further Described as 110.7 Acres of Land Located South of Stacy Road between Malone Road and FM 1378 as Requested by the Skorburg Company MOTION: Upon a motion made by Councilmember Fulk, the Council removed the following item from the Statutory Agenda: C. Adopt Amendments to the Code of Ordinances Setting Building Permit Fees for the City of Allen. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Ker, the Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on the Statutory Agenda as recommended and as follows. B Adopt an Ordinance Amending the Code of Ordinances by Establishing a Municipal Court Technology Fund and Providing for the Imposition of an Additional Court Cost for Persons Convicted of a Misdemeanor Offense in the City's Municipal Court, Ordinance No. 1755-9-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending the Code of Ordinances of the City of Allen, by Adding a New Section 2-73, "Municipal Court Technology Fund," to Article IV, "Courts," of Chapter 2 of the Code of Ordinances of the City of Allen, Texas, and Renumbering the Previous Section 2-73, "City Secretary to Supervise Administration of Municipal Court," of Chapter 2, to Establish a Municipal Court Technology Fund; Providing for the Imposition of an Additional Court Cost of Four Dollars ($4.00) for Persons Convicted of a Misdemeanor Offense in the City's Municipal Court; Providing for the Use and Disposition of Monies Deposited within the Municipal Court Technology Fund; Providing a Savings Clause; Providing a Severability Clause; and Providing an Effective Date. D Adopt a Resolution Encouraging the United States Congress to Reinstate Flexibility Provisions for the Environmental Protection Agency (EPA) Transportation Conformity Rules. Resolution No. 1758-9-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Encouraging the United States Congress to Reinstate Flexibility Provisions for the Environmental Protection Agency Transportation Conformity Rules. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 PAGE 4 E. Adopt a Resolution Supporting the Nomination of Mr Tom Karsten as a Candidate to the TML Group Benefits Risk Pool Board of Trustees. Resolution No. 1759-9-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Placing in Nomination the name of Tom Karsten, Councihnember with the City of Burleson, for Membership on the Texas Municipal League Benefits Risk Pool Board of Trustees for Region 8. F Adopt a Resolution Approving the Certification of Anticipated Tax Collection Rate for the 1999-2000 Taxable Year. Resolution No. 1760-9-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving Certification of Anticipated Tax Collection Rate for the City of Allen, Collin County, Texas, for the 1999-2000 Taxable Year. G. Adopt a Resolution Accepting the 1999 Appraisal Roll as Approved by the Collin County Appraisal Review Board. Resolution No. 1761-9-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving the 1999 Appraisal Roll as Approved by the Collin County Appraisal Review Board. H. Adopt a Resolution Authorizing the Removal of Delinquent Taxes from the Tax Rolls on Real Property that has been Delinquent for more than 20 Years and on Personal Property Delinquent more than 10 Years. Resolution No. 1762-9-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing the Removal of Delinquent Taxes from the Tax Rolls of Real Property that has been Delinquent for More than 20 Years and of Personal Property that has been Delinquent for More than 10 Years as Required by Senate Bill 772. I Approve Certification of Excess Debt Service Collections for the Taxable Year 1999-2000. I. Approve Certification of Debt Service Payment and Fund Balances as of September 30, 1999 K Set Thursday, October 7, 1999, as the Rescheduled Date for a Public Hearing for the Impact Fee Land Use Assumptions and Set Thursday, October 21, 1999, as the Date for a Public Hearing Adopting the Capital Improvements Plan and Impact Fees. L. Receive CIP (Capital Improvements Program) Status Report. The motion carried. A. Adopt an Ordinance Changing the Zoning from Agriculture -Open Space to a Planned Development District for Single Family Residential and Community Facility Uses for a Public ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 PAGE 5 Park Further Described as 110.7 Acres of Land Located South of Stacy Road between Malone Road and FM 1378 as Requested by the Skorburg Company MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to table this item as requested by the applicant. The motion carried. Adopt Amendments to the Code of Ordinances Setting Building Permit Fees for the City of Allen. (1) Adopt an Ordinance Amending the Code of Ordinances to Provide Application to and the Issuance of Building Permit Fees Ordinance No. 1756-9-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending the Code of Ordinances by Amending Chapter 4, Article I, Section 4-4, New Building Permit Fees to Establish Various Building Code Fees by Resolution; Providing a Severability Clause; Providing a Repealing Clause; and Providing an Effective Date. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No 1756- 9-99 as previously captioned to amend the Code of Ordinances, Chapter 4, Article 1, Section 404 -New Building Permit Fees by setting the fees by resolution. The motion carried. (2) Adopt a Resolution Setting Building Permit Fees. Resolution No. 1757-9-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Establishing Permit Fees for Building, Electrical, Plumbing, Mechanical and Concrete Work; and Providing an Effective Date. MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Bardemay, the Council voted seven (7) for and none (0) opposed to approve and adopt Resolution No. 1757- 9-99(R) as previously captioned to set building permit fees. The motion carried. Approve the Following Items Related to the 1999-2000 Fiscal Year (Agenda Item VIII) A Adopt an Ordinance Amending the Appropriations for the 1998-99 Fiscal Year Budget and Approve and Adopt the Budget and Setting Appropriations for the Fiscal Year Beginning October 1, 1999, and Terminating September 30, 2000. Ordinance No. 1763-9-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Adopting a Budget for the Fiscal Year Beginning October 1, 1999, and Ending September 30, 2000; Appropriating the Various Amounts Required for Such E ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 PAGE 6 Budget; Providing for Recording of the Ordinance; Providing for a Repealing Clause; Providing for a Severability Clause; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Kerr, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No 1763-9-99 as previously captioned setting the 1999-2000 fiscal year budget. The motion carried. B. Adopt an Ordinance Setting, Fixing and Adopting the Tax Rate for the Fiscal Year Beginning October 1, 1999, and Ending September 30, 2000. Ordinance No. 1764-9-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Adopting the Tax Rate and Levying the Ad Valorem Taxes for the Fiscal Year 1999-2000; to Provide Revenue for the Payment of Current Expenditures; Providing a Severability Clause; Providing a Repealing Clause; and Providing an Effective Date. MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1764- 9-99 as previously captioned setting the tax rate of $0.574 per $100 valuation of property for the 1999-2000 fiscal year The motion carried. TABLED ITEM: Authorize Execution of a Joint Use Agreement (Agenda Item IX) with Allen Independent School District for the Development of the Allen Natatorium MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to remove this item from the table. The motion carried. City Manager Peter Vargas reviewed the proposed agreement as presented during the Workshop Session. The completion date for the project is August 2001 MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Gallagher, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to execute the Joint Use Agreement with the Allen Independent School District for the development of the Allen Natatorium. The motion carried. TABLED ITEM: Approve a Variance to the 100 -foot Setback (Agenda Item X) Requirement for a Class 6 Freeway Sign for the Twin Creeks Village Retail Center for Property Located North of the Northwest Comer of US 75 and McDermott Drive ) ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 PAGE 7 MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to remove this item from the table. The motion carried. David Palmer, proponent, discussed the hotel pad site. The building will be located so that it will block the sign from the view of the adjacent neighborhood The proponent stated that a Class "6" sign within the confines of the sign ordinance was not proposed because of the TXU easement. This sign variance would allow for the signs within this area to be staggered to prevent a row of signs along the freeway Mr. Palmer requested Council grant the variance as approved by the Sign Control Board. Council expressed concern over the use of Bag lots to provide businesses with Class "6" signs rather than Class "5" signs as allowed by the sign ordinance MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to deny the variance request by Twin Creeks Village Retail Center. The motion carried. TABLED ITEM: Approve a Variance to Mr. Doug Locke, Harley- (Agenda Item XI) Davidson of Dallas, to Locate a Class 5 Sign at a Height of 20 Feet above Freeway Grade and to Allow a Total Size of 110 Square Feet for Signage on Property Located West of US 75 between McDermott Drive and Bethanv Drive MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to remove this item from the table The motion carried. Doug Locke, proponent, requested Council consider his amended request for a sign 32 feet in height and 110 square feet in size. Council discussed various height and size options in relation to the distance and level of US 75. Council expressed concern that two significant variances to the ordinance had come before the Council and that five additional variance requests are scheduled during the next month Additional discussion included whether a hardship was present at this location. Council stated that sign variances are determined on a case- by-case basis and that no precedents are set by previous action. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Gallagher, the Council voted five (5) for and two (2) opposed with Councilmembers Thomas and Owen casting the negative votes, to modify the sign variance requested by Harley-Davidson of Dallas to allow for signage at a height of 28 feet from the frontage road curb and a total size of 71 square feet. The motion carried. Consider Adoption of an Ordinance and an Incentives Agreement (Agenda Item XII) Pertaining to a Proposed Regional Retail Center by Chelsea GCA Realtv Services ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 PAGE 8 A. Conduct a Public Hearing and Consider the Adoption of an Ordinance for an Amendment to the Concept Plan and Development Regulations on 55 Acres of Land of Planned Development No. 78 and Establish Agriculture -Open Space on 20 Acres of Land Located at the Northwest Corner of US 75 and Stacy Road as Requested by Chelsea GCA Realty Services Planning Director Marina Sukup reviewed the request to amend 55 acres of land of Planned Development No. 78. She distributed revisions proposed by the proponent after approval was given by the Planning and Zoning Commission on August 12 Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. With no one speaking either for or against the request, Mayor Terrell closed the public hearing. Ordinance No. 1765-9-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously Amended, by Amending the Development Regulations for Tract 1 of Planned Development District No. 78, Ordinance No. 1666-12-98; Providing for Development Regulations, Concept Plan, Phasing Plan, Building Elevations, Elevations of Screening of Trash Enclosures and Electrical Rooms, and Conceptual Landscape Plan, Attached Hereto as Exhibits `B," "C," I'D," "E," "F" and "G" Respectively, and by Granting a Change in Zoning on Tract 2 of Planned Development District No. 78 to an Agriculture -Open Space District on 75.00 Acres of Land in the J. Dixon Survey, Abstract No. 276, City of Allen, Collin County, Texas, and Being Further Described in Exhibit "A" Attached Hereto; Providing a Repealing Clause; Providing a Severability Clause; Providing a Savings Clause; Providing for a Penalty of Fine not to Exceed the Sam of Two Thousand Dollars ($2,000)for Each Offense; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No 1765-9-99 as previously captioned amending Planned Development No. 78 with the following modifications: 1) Section 3, A. 2 should read "Electrical/Mechanical equipment areas..," 2) Section 5, 3 should be changed to read " .a minimum of 200 feet..;" and 3) Section 5, 5 should read " .a maximum of 25 feet. " The motion carried. B. Consider an Incentives Agreement to Support a Regional Retail Center with a Minimum of 418,000 Square Feet of Retail/Restaurant Space as Proposed by Chelsea GCA Realty Services Economic Development Director David Pitstick reviewed the AEDC Board negotiations with Chelsea GCA Realty Services for the support of a Regional Retail Center in Allen. The Incentive Agreement includes provisions for the extension of Stacy Road and Chelsea's contribution of costs. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 PAGE 9 MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Gallagher, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to approve and execute an Incentive Agreement with Chelsea GCA Realty Services based on the recommendations of the Allen Economic Development Corporation regarding interest rates and amend Article 11.3 to read, "During the first six years. " The motion carried. Consider a Request for Curb Cuts and a Median Break on Main (Agenda Item XIII) Street for the Richardson Car Wash as Requested by David Little Real Estate Development Coordinator Tom Keener reviewed the request for the relocation of the existing median cut, sharing a curb cut with the Allen Animal Clinic and the addition of a second curb cut which would provide for common access to the property to the east City staff recommended providing for a curb cut near the east side of the car wash property and a shared curb cut on the west boundary, provided the property owner of the Animal Clinic consents to the design of the curb cut. Staff also recommended that the existing median cut remain at its present location. Melanie Jones of David Little Real Estate reviewed the request for the shared curb cut and median cuts. She stated that the Animal Clinic is not required, as other property owners are, to provide mutual access on its property since it was built prior to City ordinances establishing this requirement. She requested approval to leave the existing median cut in its current location, provide a shared curb cut between the Animal Clinic and car wash and allow a continuous left -turn lane at the second median cut. The second median cut would provide additional access to the car wash and property owners to the east. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Bardemay, the Council voted seven (7) for and none (0) opposed to table this item and directed City staff and the property owners to further discuss the existing median cut and to develop a land plan to show if a second median cut is warranted for future development. The motion carried. Conduct a Public Hearing and Consider the Adoption of an (Agenda Item XIV) Ordinance for a Planned Development District Containing Single Family Development and Shopping Center Uses on 53.5 Acres of Land Located Southwest of Stacy Road and Curtis Lane for West Allen Joint Venture Planning Director Marina Sukup reviewed the request for Planning Development zoning on 83 5 acres of land. The proponent is proposing the realignment of Watters Road, which is not in accordance with the Thoroughfare Plan as adopted as part of the Comprehensive Plan. The Planning and Zoning Commission recommended approval of the request subject to an amendment to the Concept Plan, per staffs recommendation, which deleted the proposed hooded left -turn lane and the addition of a Development Regulation regarding lighting of the retail areas adjacent to the single family lots. City staff recommended that t no action be taken on this request until the thoroughfares in this area are studied and the Planning and Zoning Commission and Council determine that an amendment to the Thoroughfare Plan is appropriate. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 PAGE 10 Frank Murphy, Senior Vice -President with Wynn -Jackson, reviewed the request for approval of the Thoroughfare Plan change. He stated he was unaware of the requirement for a public hearing to amend the Thoroughfare Plan. He requested Council table action on this item to allow for the item to return to Council if a change to the Thoroughfare Plan is deemed necessary Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. John Barnes, 2012 W Kntyhawk Drive, Allen, Texas, stated his support for the request. He did express support for Watters Road to transverse through the center of the property rather than the west side. Betty Knightwest requested berms be added along the west side to screen the development from the adjacent properties Shirley Odden spoke on behalf of the proponent, requesting approval of the realignment With no one else speaking either for or against the request, Mayor Terrell closed the public hearing. Council discussed the effects of the realignment and holding a public hearing on the potential realignment to allow input from adjourning property owners and developers. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Thomas, the Council voted two (2) for and five (5) opposed with Mayor Terrell, Councilmember Gallagher, Councilmember Bartlemay, Councilmember Fulk and Councilmember Owen casting the negative votes, to deny the request for Planned Development District for Single Family Uses and Shopping Center Uses The motion failed MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Fulk, the Council voted five (5) for and two (2) opposed with Mayor Pro Tem Kerr and Councilmember Thomas casting the negative votes, to table this item to allow time for the determination of whether the amendment to the Thoroughfare Plan is appropriate and set the return of this item on or before the December 2 Council meeting The motion carried. Conduct a Public Hearing and Consider the Adoption of an (Agenda Item XV) Ordinance Amending Section 2.10 of the Comprehensive Zoning Ordinance by Adding a New Definition of Hotel/Motel and Add Section 3.13, Development Standards for HotellMotels Mayor Terrell opened the public hearing for Agenda Items XV, XVI, XVII and XVIll and asked for anyone speaking either for or against the requests to do so at this time. With no one speaking either for or against the requests, Mayor Terrell closed the public hearing. Council discussion was held regarding the requirements for extended stay hotels ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 Ordinance No. 1766-9-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, to Amend Section 2.10 to Delete the Current Definition of Hotel/Motel and by Adding a New Definition for Hotel; by Amending Exhibit "B" Scheduled Uses, by Removing Hotel Uses from a6 Zoning Districts where Currently Allowed and by Adding Full Service Hotel, Limited Service Hotel and Suite Hotel as Allowed Uses Only by Speck Use Permit in "CC" Corridor Commercial District, "O" Office District, "LI" Light Industrial District, "CBD" Central Business District, and in a "PD" Planned Development District when so Allowed by the Granting Ordinance; by Adding Section 3.13 Development Standards for Hotels; Provide a Savings Clause; Provide a Repealing; 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 for an Effective Date. PAGE 11 MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Thomas, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1766- 9-99 as previously captioned to amend the Comprehensive Zoning Ordinance. The motion carried. Conduct a Public Hearing and Consider the Adoption of an (Agenda Item XVI) Ordinance Amending Section 2.10 of the Comprehensive Zoning Ordinance by Adding New Definitions for Temporary and Non - Temporary Concrete or Asphalt Batching Plants and a Mini - Warehouse with or without a Caretaker's Residence Ordinance No. 1767-9-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-%, as Previously Amended, to Amend Section 2.10 by Adding New Definitions for Concrete or Asphalt Batching Plant (Temporary), Concrete or Asphalt Batching Plant (Non -Temporary), and Mini -Warehouse (With or Without Caretakers Residence); by Amending Exhibit B Schedule of Uses to Allow Concrete or Asphalt Batching Plant (Non -Temporary) by Specific Use Permit in any Zoning District and to Allow Concrete or Asphalt Batching Plant (Temporary) as a Temporary Use in any Zoning District; Provide a Savings Clause; Provide a Repealing Clause; Providing a Severability Clause; Providing a Savings Clause; Providing a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars MAN) for Each Offense; and Providing for an Effective j Date. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 PAGE 12 MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Thomas, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1767- 9-99 as previously captioned to amend the Comprehensive Zoning Ordinance with a change that a maximum of two (2) extensions be permitted for a total of two years. The motion carried Conduct a Public Hearing and Consider the Adoption of an (Agenda Item XVII) Ordinance Amending Section 2 of the Comprehensive Zoning Ordinance by Adding New Definitions for a Retail Cleaning Plant with Pick-up Facilities, Laundry/Cleaning, Pick -Up Only and Self - Service Laundry Ordinance No. 1768-9-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, Amending 2.10 of the Comprehensive Zoning Ordinance by Adding Definitions; for Retail Cleaning Plant, with Pick -Up Facilities, Laundry/Cleaning, Pick -Up Only, and Self -Service Laundry, and by Amending Exhibit `B" Schedule of Uses to Permit Retail Cleaning Plant with Pick-up Facilities in Commercial Zoning Districts Including: "GB" General Business; "SC" Shopping Centers, "CC" Corridor Commercial, and in a Placated Development "PD" Permitting Such Uses; Also Amending Exhibit `B" Schedule of Uses to Permit Laundry/Cleaning, Pick -Up Only, as an Accessory Use in "ME -12" Multifamily -12; "ME -18 Multifamily -18" and MF -24 Multifamily -24" and in the "LP' Light Industrial District; "CBD" Central Business District; and in Commercial Zoning Districts Including "LR" Local Retail, "SC" Shopping Center, "GB" General Business, "CC" Corridor Commercial District, and in a Planned Development District; Also Amending Exhibit "B" Schedule of Uses to Permit Self -Service Laundry in Commercial Zoning Districts by Specific Use Permit Including "LR" Local Retail, "SC" Shopping Center, "GB" General Business, and in a Planned Development "PD" Allowed by the Granting Ordinance; Provide a Savings Clause; Provide a Repealing Clause; Providing a Severability Clause; Providing a Penalty of Fine not to Exceed the Sam of Two Thousand Dollars ($2,000) for Each Offense; and Providing for an Effective Date. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Thomas, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1768- 9-99 as previously captioned to amend the Comprehensive Zoning Ordinance. The motion carried. A ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 PAGE 13 Conduct a Public Hearing and Consider the Adoption of an (Agenda Item XVIII) Ordinance Amending the Comprehensive Zoning Ordinance to Provide for Zoning Administration in Conformance with Section 2- 191 of the Code of Ordinances of the City of Alen Ordinance No. 1769-9.99: An Ordinance of the City Council of the City of Alen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Amended, to Change References to the "Director of Community Development' to the "Director of Planning;" Repealing Ordinances in Conflict; Providing for a Severability Clause; and Providing for an Effective Date. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Thomas, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1769- 9-99 as previously captioned amending the Comprehensive Zoning Ordinance. The motion carried. Authorize the City Manager to Execute a Deed and all Necessary (Agenda Item XIX) Documents Authorizing the Sale of a 20 -Foot Strip of City Property Located Adjacent to the Allen Church of Christ to the Allen Church of Christ with the Recommendation of the City of Allen Tax Office City Manager Peter Vargas reviewed the request to sell a 20 -foot strip of City property to the Allen Church of Christ. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to execute a deed and all necessary documents authorizing the sale of a 20 -foot strip of City property located adjacent to the Allen Church of Christ to the Allen Church of Christ with the recommendation of the City of Allen Tax Office. The motion carried. Consider Appointments to Vacancies on Various City (Agenda Item XX) Boards/Commission The Boards and Commission Interview Committee nominated Shannon Kelly to complete the unexpired tern of Place No. 2 on the Allen Arts Alliance and Kay McKenna to fill the 1999-2001 term of Place No. 1 on the Keep Allen Beautiful Board. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Banlemay, the Council voted seven (7) for and none (0) opposed that nominations cease and to appoint Shannon Kelly to complete the unexpired term of Place No. 2 on the Allen Arts Alliance and Kay McKenna be appointed to fill the 1999-2001 term of Place No 1 on the Keep Allen Beautiful Board. The motion carried I ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 PAGE 14 Other Business (Agenda Item XXI) A Set Thursday, September 30, 1999, as the Date for a Joint Workshop with the Allen City Council and the Planning and Zoning Commission to Discuss Design Standards and Large Lot Developments Council requested staff propose alternative dates for the Joint Workshop B. Governance Self -Evaluation The Governance Self -Evaluation was not held. C Calendar • October 25 - Joint AISD/Council Meeting • November 17 thin 20 - TML Annual Conference/Dallas • November 18 - City Council Meeting Canceled due to TML Annual Conference • December I - Board/Commission Appreciation Dinner • December 10 - Employee Awards Dinner D Items of Interest There were no items of interest. Executive Session (Agenda Item XXII) The Executive Session was not held. Reconvene and Consider Action on Items Discussed During (Agenda Item XXIII) Executive Session No action was taken. (Agenda Item XIV) MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:22 a.m. on Friday, September 3, 1999 The motion carried ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1999 PAGE 15 These minutes approved on the 16th day of Seutembe , 1999 ATTEST: dy M 'son, CMC, CITY SECRETARY A A APPROVED: Z4�- f-0 Stephen Terrell, MAYOR