Min - City Council - 1999 - 07/01 - RegularI
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ALLEN CITY COUNCIL
REGULAR MEETING
JULY 1, 1999
Present
Stephen Terrell, Mayor
Councilmembers•
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Susan Banlemay
Kenneth Folk
Melissa Owen (absent)
City Staff:
Peter H. Vargas, City Manager
Judy Morrison, City Secretary
Peter G. Smith, City Attorney
DINNER AND PRE -MEETING WORKSHOP
Call to Order and Announce a Ouorum is Present (Agenda Item I)
With a quorum of the Councilmembers present, dinner and the pre -meeting workshop session of the
Allen City Council was called to order by Mayor Terrell at 6:30 p.m. on Thursday, July 1, 1999, in the
Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Discuss Current Agenda (Agenda Item II)
Discussion of Zoning Amendments
Senior Planner Marcie Diamond reviewed the proposed zoning amendments.
Items of Interest (Agenda Item III)
A Update of Allen Arts Alliance Survey Findings
Chair Barbara Eubanks, Allen Arts Alliance, reviewed the survey findings. The Alliance
mailed 12,000 surveys to homes in Allen and 825 were returned with 329 individuals
expressing interest in volunteering.
B. Status Report on Information Technology for the new City Hall
Assistant City Manager Michael Stanger reviewed the draft technology assessment
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Eric Willard with Elert & Associates reviewed the approach, various parameters and questions
to be answered to complete the technology portion of City Hall.
Policy Aeenda (Agenda Item IV)
There was no discussion of the Policy Agenda.
The Pre -Meeting Workshop recessed at 7.25 p.m.
REGULAR MEETING
With a quomm of the Councilmembers present, the regular session of the Allen City Council
convened by Mayor Terrell at 7:30 p.m. on Thursday, July 1, 1999, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas.
• Presentation of a Statement from the Bahai Community of Allen
The Bahai Community of Allen shared a statement on the equality of men and women.
• Citizens' Comments
There were no Citizens' Comments.
(Agenda Item V)
(Agenda Item VI)
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Fulk, the
Council voted six (6) for and none (0) opposed to approve the Minutes of the June 17, 1999,
Regular Meeting. The motion carried.
(Agenda Item VII)
MOTION: Upon a motion made by Councilmember Fulk, the Council removed the following item from
the Statutory Agenda.
C. Accept Recommendation from Cable TV & Telecommunications Advisory Committee
Regarding the Cable TV Rates
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Bartlemay,
the Council voted six (6) for and none (0) opposed to approve and adopt all remaining items
on the Statutory Agenda as recommended and as follows:
A. Adopt a Resolution Approving an Interlocal Agreement between the State of Texas and the
City of Allen for an Alternative Fuels Program.
Resolution No. 1637-7-99(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas, Approving the Terms and Conditions of an Interlocal Agreement by and
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Between the City of Allen, Texas, and the State of Texas, Authorizing Participation in the
Alternative Fuels Program; Designating the City Manager or His Designee as Official
Representative of the City in Matters Relating to the Program; and Authorizing the City
Manager, or His Designee to Execute; and Providing an Effective Date.
B. Authorize Execution of a Contract to Gracon Construction, Inc. for the Construction of Pump
Station Number 3
Council authorized the City Manager to execute a contract with Gracon Construction, Inc., for
the construction of Pump Station Number 3 for $2,222,000 The North Texas Municipal
Water District will reimburse the City of Allen $261,000 for costs associated with the
construction of the water main up to the pump station, water meter and radio equipment
Approval of Allen Hotel Occupancy Tax Grants and Set an Annual Budget for Hotel
Occupancy Funds.
Council approved the 1998-99 Fiscal Year Budget for the Hotel Occupancy Tax and approved
the distribution of grants to the following qualifying entities for a total of $26,000 in grants:
Allen Chamber of Commerce $8,000
Allen Heritage Guild $1,800
Connemara Conservancy $5,000
Philharmonic Symphony $11,200
Approval of an Amendment to a Tax Abatement Agreement between the City of Allen and
Mr. William B. Thrailkill and All Metals Fabricating, Inc.
Council approved an amendment to the Tax Abatement Agreement (Reinvestment Zone #16)
with William B. Thrailkill, Sr and All Metals Fabricating, Inc., and authorized the Mayor to
execute all required documentation providing the amendment to the tax abatement schedule for
a 70,000 square foot corporate office/manufacturing facility All Metals is proposing a
$4,100,000 investment and will contribute $853,580 in local taxes and the City will forgo
$94,300 in abatements over the next ten years.
Approval of a Tax Abatement Agreement between the City of Allen and Lyrick Corporation
for Future Expansion.
Council authorized the Mayor to execute a Tax Abatement Agreement as part of Reinvestment
Zone #8, with the Lyrick Corporation for the expansion of their facility Phase I consists of a
60,000+ square foot office facility with an estimated capital investment of $6 million
According to projects, Lyrick will contribute $666,684 in local taxes and the City will forgo
$165,600 in abatements over the next six years.
G. Receive CIP (Capital Improvements Program) Status Report.
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The motion carried.
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Accept Recommendation from Cable TV & Telecommunications Advisory Committee
Regarding the Cable TV Rates.
A brief overview was provided to Council explaining the non -authority of the City to regulate
the expanded basic tier. TCI desires to provide the same costs and number of channels to all
cities it serves.
No action was taken on this item.
TABLED ITEM: Consider the Adoption of an Ordinance for a (Agenda Item VIII)
Planned Development District for Single Family Residential for
15.06 Acres of Land Currently Zoned as an Agriculture Open
Space District Located North of Hedgcoxe Road and East of
Nottingham Place for the Villas at Custer Hills
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Fulk,
the Council voted six (6) for and none (0) opposed to remove this item from the table The
motion carried.
Planner Marcie Diamond reviewed the revised request for Planned Development District for Single
Family Residential zoning. City staff recommended approval of the revised request based on the following: 1)
Provides for the removal of an undesirable use; 2) Provides for a transition between the smaller lots in Custer
Hills Estates and the undeveloped land to the east; 3) Provides for a pedestrian link from this neighborhood to
the future park to the north; and 4) Provides for street connections from existing to proposed neighborhoods
Richard Vlad shared his vision of the end product he plans to build in Allen. This product will meet
the need within the City to provide a higher dollar home.
Ordinance No. 1738-7-99: An Ordinance of the City Council of the
City of Allen, Collin County, Texas, Amending Comprehensive
Zoning Ordinance No. 1425-5-% and Zoning Map, as Previously
Amended, by Granting a Change in Zoning from Agriculture -Open
Space (AO) to Planned Development -Single Family by Approving
Planned Development -Single Fam0y-No. 82 (PD -SF -82) for 15.06
Acres in the John Huffman Survey, Abstract No. 416, City of Allen,
Collin County, Texas, and Being Further Described in Exhibit "A"
Attached Hereto; Providing for Development Regulations and
Concept Plan Attached Hereto as Exhibit `B" and Exhibit "C",
Respectively; Providing for a Repealing Clause; Providing for a
Severability Clause; Providing for a Savings Clause; Providing for a
Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars
($2,000) for Each Offense; and Providing for the Effective Date of
Said Ordinance.
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MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted four (4) for and two (2) opposed with Mayor Terrell and Mayor Pro Tem Kerr
casting the negative votes, to approve and adopt Ordinance No. 1738-7-99 as previously
captioned and recommended. The motion carried.
Conduct a Public Hearing and Consider the Adoption of an (Agenda Item IX)
Ordinance Granting an Amendment and Expansion of Specific Use
Permit 39 for a Mini -Warehouse on 3.857 Acres of Land Located
South of Coats Drive and between North Cedar Drive and North
Ash Drive as Requested by Attic Self Storage
Planner Marcie Diamond reviewed the request to amend and expand Specific Use Permit No. 39 The
Planning and Zoning Commission recommended approval of the request subject to a revision to the General
Notes on the Concept Plan limiting the height of buildings to one story, not to exceed twenty feet
Stanley Crossman, owner, and Walter Anderson, architect, presented the Concept Plan to Council.
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.
A fire lane be placed between this building and any development to the south.
Ordinance No. 1739-7-99: 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 and Expanding Specific Use Permit No.
39, Ordinance No. 1130-9-92, for 3.857 Acres in the James Reed
Survey, Abstract No 758, City of Allen, Collin County, Texas and
Being Further Described in Exhibit "A " Attached Hereto;
Providing for Site Plan, Elevations, and a Landscape Plan Attached
Hereto as Exhibits "B," "C," and "D," Respectively; Providing a
Repealing Clause; Providing a Severability Clause; Providing a
Savings Clause; Providing for a Penalty of Fine Not to Exceed the
Sum 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 Bartlemay.
the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1739-
7-99 as previously captioned and recommended The motion carried
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Conduct a Public Hearing and Consider the Adoption of an (Agenda Item X)
Ordinance to Amend Tract 2 of Planned Development No. 22 to
Allow a Cleaning Plant/Laundry with Drive-thru Facilities Located
at the Southwest Corner of Bethany Drive and Allen Heights Drive
and Establish a Specific Use Permit for this Use as Requested by
RMR Development
Planner Marcie Diamond reviewed the request to amend Tract 2 of Planned Development No. 22.
While the current zoning permits a "cleaner or laundry (self-service)" by right, the City Building Official
determined that the proposed use did not meet the use requirements stated in PD No. 22. The proponent
appealed the Building Official's decision to the Board of Adjustment and the Board did not overturn the
decision of the Budding Official. Therefore, the proponent is requesting a Specific Use Permit to allow a
retail cleaning plant and pick-up station with drive -thou facilities. The Planning and Zoning Commission
recommended approval of the request as submitted.
Don Silverman, consultant for the proponent, informed Council architectural compatibility of the area
had been accomplished.
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
Council requested City staff verify the 18 foot parking spaces on the northern property Council
questioned whether the location of the dumpster would provide track access. Council expressed concern
regarding possible contamination of the creek by products used in the cleaning process.
The proponent assured Council all contaminants are self-contained and regulated by the Environmental
Protection Agency The dumpster site will slope away from the creek and be enclosed by three solid walls.
Ordinance No. 1740-7-99: 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 Planned Development No. 22 (PD -No. 22),
Ordinance No. 507-5-84, By Amending the Schedule of Uses to Allow
for a Cleaning Plant/Laundry with Drive-Thru Facilities by Specific
Use Permit and to Approve Specific Use Permit No. 67 with
Development Regulations on Lot 1 of the Heights of Bethany, an
Addition to the City of Allen in the R. C. Whisenant Survey,
Abstract No. 1012, City of Allen, Collin County, Texas, and Being
Further Described in Exhibit "P" Attached Hereto; Providing for
Special Conditions, Amended Development Regulations, Concept Site
Plan, Bu0ding Elevations, and Landscape Plan Attached Hereto as
Exhibits "Q," "R " "S," "T," and "U," Respectively; Providing a
Repealing Clause; Providing a Severability Clause; Providing a
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JULY 1, 1999 PAGE 7
Savings Clause; Providing for a Penalty of Fine Not to Exceed the
Sum of Two Thousand Dollars ($2,000) for Each Offense; and
Providing for an Effective Date.
MOTION: Upon a motion made by Councdmember Bartlemay and a second by Councdmember
Gallagher, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance
No 1740-7-99 as previously captioned and recommended. The motion carried
Conduct a Public Hearing and Consider the Adoption of an (Agenda Item XI)
Ordinance Approving Amendments to the Comprehensive Zoning
Ordinance as it Relates to Section 2.06 and Section 2.06A, Specific
Use Permits; Section 2.09, Site Plan Approval; Section 3.01(Y),
"PD" Planned Development Regulations; Section 4.03.6, Sign; and
Section 5.04, Filing Fees and Charges
Planner Marcie Diamond reviewed the proposed changes in Specific Use Permits requirements,
Planned Development recommendations, site plan approval and filing fees to the Comprehensive Zoning
Ordinance. Staff will monitor Planned Development zoning issues. Council was requested to provide
direction to staff on providing extensions.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Council discussed various areas of concern.
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
Ordinance No. 1741-7-99: An Ordinance of the City of Allen, Collin
County, Texas, Amending the Comprehensive Zoning Ordinance No.
1425-5-96, m Previously Amended, to Amend Section 2.06 and
Section 2.06A, Specific Use Permits; by Amending, Section 2.09, Site
Plan Approval; by Amending Section 3.01(1), `RD" Planned
Development Regulations; by Amending Section 4.03.6, Sign; by
Amending Section 5.04, Filing Fees and Charges; Providing a
Severability Clause; Providing a Repealing 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 Councdmember Thomas and a second by Mayor Pro Tem Kerr, the
Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1741-7-
L99 as previously captioned and recommended with the following amendments and revisions:
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Section No.
Item No.
Amendments/Revisions
Section 2.09
Item 9
Move the last sentence from paragraph (a) and
Site Plan Approval
A royal Process
add as the first sentence to paragraph b)
Section 3.01(Y)
Item 4
Revise the last sentence to read as follows: "
"PD" Planned
Paragraph (c)(1)
establishing the Planned Development District,
Development District
the Concept Plan shall be reviewed by the City
Regulations
Council to determine the continued validity of
the Concept Plan, unless the Director of
Planning has granted an extension not to
exceed six (6) months.
Item 5
Revise the following sentence to read as
follows: "The amount of open space for
developments of ten (10) acres or less or which
include lots 18,000 square feet in size or
greater may be varied. "
Replace the last sentence in the first paragraph
with "The determination of whether land is
eligible for open space shall be within the
discretion of the City Council "
Remove the word "parks" from (b) and delete
item (c) under the open space inclusions.
Delete the wording "roof tops" from (a) under
land requirements for open sace.
Council also recommended that the park dedication ordinance be revised to reflect the same
wording/meaning as included in this ordinance The motion carried.
Other Business
A. Governance Self -Evaluation
B. Calendar
(Agenda Item XII)
• Summer Sounds Concert Series - Hillside Amphitheater
***July 12; 19; 26 and August 2; 9***
• July 24 - Special Called Workshop Regarding Large Lots/Cost of Development
• August 7 - Ceremony Honoring Contributions of the Logan Family to the students of
the Allen Independent School District
• August 13 thru 15 - Budget Workshop
• August 17 - Public Hearing on Budget at 7:00 p in.
• August 24 - Public Hearing on Tax Rate at 7:00 p.m
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C. Items of Interest
PAGE
City Council congratulated the Parks Department for an outstanding job in the success of the
Allen USA Celebration,
(Agenda Item XIII)
The Executive Session was not held.
Reconvene and Consider Action on Items Discussed During (Agenda Item XIV)
Executive Session
No action was taken since the Executive Session was not held.
Adiourn (Agenda Item XV)
MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 10'48 p in on Thursday, July 1, 1999 The motion carried
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These minutes approved on the 15th day of July, 1999
ATTEST:
J y Mo ' on, CMC, CITY SECRETARY
A
APPROVED:
fw
Stephen Terrell, MAYOR