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Min - City Council - 2000 - 01/06 - RegularALLEN CITY COUNCIL REGULAR MEETING JANUARY 6, 2000 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Bartlemay Kenneth Falk Melissa Owen City Staff: Peter H Vargas, City Manager ® Judy Morrison, City Secretary Peter G. Smith, City Attorney Call to Order and Announce a Ouor im is Present With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7:07 p.m. on Thursday, January 6, 2000, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Items discussed in the preceding workshop included: • "After Action" Report Regarding Y2K • Briefing Regarding the Water Master Plan Pledee of ABeeiance Public Recoenition 1. Citizens' Comments. There were no Citizens' Comments Consent Aeenda MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councihnember Banlemay, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the consent agenda as follows: ALLEN CITY COUNCIL REGULAR MEETING JANUARY 6, 2000 PAGE 2 2. Approve Minutes of the December 13, 1999, Special Called City Council Workshop. Council approved the minutes of the December 13, 1999, Special Called City Council Workshop, 3. Approve Minutes of the December 16, 1999, Regular Meeting. Council approved the minutes of the December 16, 1999, Regular Meeting. 4. Receive Tax Assessor -Collector's Report for October 1999. Council accepted the Tax Assessor -Collector's Report for October 1999 5. Accept Resignations and Declare Vacancies on the Allen Arts Alliance and the Sign Control Board. Council accepted resignations from Warren Johnson and Jerry Higgins and declared vacancies in Place No. 6 of the Allen Arts Alliance and Place No. 3 of the Sign Control Board. 6. Adopt an Ordinance Changing the Suffix of Macrae Drive and Lomond Drive, Located within Glendover Park Phase V Subdivision, to "Court." Ordinance No. 1793-1-00: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Changing the Name of Macrae Drive to Macrae Court and Changing the Name of Lomond Drive to Lomond Court; Providing for a Severability Clause; Providing for a Repealing Clause; and Providing for an Effective Date. 7. Award Bid, Authorize Execution of a Contract with Tiseo Paving Company in the Amount of $1,568,789.35 for the Construction of Four Divided Lanes for Watters Road and Set a New Budget of $1,900,000. Council authorized the City Manager to execute a contract with the Tiseo Paving Company, low bidder, for $1,586,789 35 for the construction of four divided lanes for Watters Road from McDermott Drive to Bethany Drive, and set a new budget of $1,900,000. 8. Approve a Variance as Recommended by the Sign Control Board to Allow an Additional Class 5 Sign Located at 103 W. McDermott Drive. Council confirmed action by the Sign Control Board to grant Mr. Mike Williams a variance allowing an additional Class 5 sign, facing Butler Drive, 25 square feet in size, at 103 W McDermott Drive. 9. Receive CIP (Capital Improvements Program) Status Report. Council accepted the CIP Status Report. i The motion carried. ALLEN CITY COUNCIL REGULAR MEETING I JANUARY 6, 2000 PAGE 3 Regular Agenda 10. Conduct a Public Hearing and Consider the Adoption of an Ordinance Amending Tract 2 of Planned Development No. 55 by Adding Garden Office as an Allowable Use in Addition to Retirement Center Uses for Allen Central Limited on Property Located Northwest of Bethany Drive and Watters Road. 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. 17941-00: 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. 55, Ordinance No 1226-3-94, Exhibit "B," the Development Conditions, to Permit "GO -Garden Office District" Uses for Tract 2 Consisting of 13.3 Acres in the Michael See Survey, Abstract No. 543, 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 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 Councilmember Bartlemay and a second by Councilmember Owen, the Council voted four (4) for and three (3) opposed with Mayor Terrell, Councilmember Thomas and Mayor Pro Tem Kerr casting the negative votes, to approve and adopt Ordinance No 1794-1-00 as previously captioned amending Planned Development No. 55 The motion carried. 11. Conduct a Public Hearing and Consider the Adoption of an Ordinance Granting a Specific Use Permit to a Restaurant with a Private Club for Hibachi Rock Located at the Southeast Corner of McDermott Drive and Alma Drive. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Tim Bmshell, an Allen resident, expressed opposition to the request based on the proximity of alcoholic sales to the residential area. With no one else speaking either for or against the request, Mayor Terrell closed the public hearing Ordinance No. 1795-1-00: 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 Granting a Specific Use Permit for Restaurant/Private Club with Special Conditions for the Property Located at Suite 5, Lot 4, Block A, The Allen Village Shopping Center, Zoned Planned Development No. 26 for SC -Shopping Center District Uses; Providing a Repealing Clause; Providing a ALLEN CITY COUNCIL REGULAR MEETING JANUARY 6, 2000 PAGE 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 Thomas and a second by Mayor Pro Tem Kerr, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1795-1-00 as previously captioned granting a Specific Use Permit for a Restaurant with a Private Club at the Southeast Corner of McDermott Drive and Alma Drive, subject to the applicant's maintaining a valid state license, compliance with the terms of all permit and licensing requirements and conditioned upon applicant securing a Certificate of Occupancy within six months of City Council approval of the Specific Use Permit. The motion carried. Council suggested staff look at the proximity of daycare centers to establishments serving alcoholic beverages. Other Business 12. Set Date for a Joint Workshop with the City Council, Library Board and the Allen Arts Alliance E to Discuss the Library Master Plan. Council set February 1, 2000. at 6'00 p.m. as the date for the Joint Workshop with the City Council, Library Board and Allen Arts Alliance to discuss the Library Master Plan, 13. Set Date for a Joint Workshop with the City Council and the Planning and Zoning Commission to Review Various City of Allen Ordinances. Council set January 27, 2000, at 6:00 p.m. as the date for the joint workshop with the City Council and Planning and Zoning Commission to review various City of Allen ordinances. 14. Calendar • January 15 - Trout Fish Out/Bethany Lakes Park/9 00 a.m to Noon • January 16 - Sunday Sounds Concert/Council Chambers/2:00 p.m. 15. Items of Interest • 2000 City Council Election Calendar • Discussion was held regarding three year term limits for Councilmembers. • Staff was asked to review the possible deletion of the Extended Area Service (EAS) charge on Allen telephone lines. Executive Session L The Executive Session was not held ALLEN CITY COUNCIL REGULAR MEETING JANUARY 6, 2000 PAGE 5 16. Reconvene and Consider Action on Items Discussed During Executive Session. No action was taken. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councdmember Owen, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 7:55 p.m. on Thursday, January 6, 2000 The motion carried. These minutes approved on the 20th day of January, 2000 APPROVED: Stephen Terrell, MAYOR ^/\ ATTEST: Ell ���'�1 �ory— Ju MCMC/AAE, CITY SECRET ARY