Min - City Council - 2000 - 06/15 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JUNE 15, 2000
Present:
Stephen Terrell, Mayor
Councdmembers:
Doug Gallagher, Mayor Pro Tem
Lonnie Thomas
Richard Buchanan
Susan Bartlemay,
Kenneth Falk (absent)
Melissa Owen
City StafL•
Peter H. Vargas, City Manager
Judy Morrison, City Secretary
Pete Smith, City Attorney
Call to Order and Announce a Quorum is Present
With a quorum of the Councilmembers present, the Regular Meering of the Allen City Council was called to order
by Mayor Terrell at 7.05 p.m. on Thursday, June 15, 2000, in the Council Chambers of the Allen City Hall, One
Allen Civic Plaza, Allen, Texas. Items discussed in the preceding workshop included:
• Briefing regarding the Proposed Amendment of the City of Allen Thoroughfare Plan
Pledee of Alleeiance
Public Recoenition
1. Citizens' Comments.
Ms. Paula Ross, 917 Autumn Lake, Allen, Texas, spoke in favor of approving an ordinance establishing a
moratorium regarding the Central Business District of Allen.
MOTION: Upon a motion made by Mayor Pro Tem Gallagher and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to approve and adopt all items on the consent
agenda as follows:
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 15, 2000 PAGE 2
2. Approve Minutes of the June 1, 2000, Regular Meeting.
3. Approve a Resolution Authorizing the Director of Planning and Development to Issue Building
Line Encroachment Waivers and Set a Fee of $50 for the Zoning Verification Letters.
Resolution No. 18384-00(R): A Resolution of the City Council of the City of Allen, Collin County,
Texas, Establishing a Fee for Encroachment Waivers, and Allowing the Director of Planning and
Development to Issue such Letters Where Appropriate.
Approve a Resolution Authorizing the City of Allen to Apply for a Texas Parks and Wildlife
Grant.
Resolution No. 1839-6-00(R): A Resolution of the City Council of the City of Allen, Collin County, Texas,
Hereinafter Referred to as "Applicant," Designating Certain Officials as Being Responsible for, Acting
for, and on Behalf of the "Applicant' in Dealing with the Texas Parks & Wildlife Department, Hereinafter
Referred to as 'Department," for the Purpose of Participating in the Texas Recreation & Parks Account
Grant Program, Hereinafter Referred to as the 'Program" Certifying that the "Applicant' is Eligible to
Receive Program Assistance; Certifying that the "Applicant' Matching Share is Readily Available; and
Dedicating the Proposed Site for Permanent Public Park and Recreational Uses.
5. Approve a Resolution Installing the City Council as the Review Committee Responsible for
Drafting Proposed Amendments for the City Charter.
Resolution No. 1840-6-00(R): A Resolution of the City Council of the City of Allen, Collin County,
Texas, Installing the City Council as the Review Committee Responsible for Drafting Proposed
Amendments for the City Charter
6. Receive CIP (Capital Improvement Program) Status Report.
The motion Gamed.
Regular Agenda
7. Conduct a Public Hearing to Consider a Request to Establish Reinvestment Zone #24 in Allen for
the Allen Ice Arena doing business as Ice Bound -Allen, Consider Approval of an Ordinance
Implementing Reinvestment Zone #24 and Approve a Tax Abatement Agreement.
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, Mayor Terrell closed the public hearing.
Ordinance No. 1841-6-00: An Ordinance of the City Council of the City of Allen, Collin County, Texas,
Designating Reinvestment Zone No. 24 (Allen Ice Arena); Providing Eligibility of the Zone for
Commercial -Industrial Tax Abatement; Containing Findings that the Area Qualifies to be Designated as a
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 15, 2000
17Kf1 *1
Reinvestment Zone and the Improvements Sought are Feasible and Practicable and of Benefit to the Land
and the City; Providing for a Severability Clause; Providing for a Repealing Clause; and Providing for the
Effective Date of said Ordinance
MOTION: Upon a motion made by Mayor Pro Tem Gallagher and a second by Councilmember Bartlemay,
the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1841-6-
00 as previously captioned granting Reinvestment Zone #24 and authorize the Mayor to execute
documents necessary to provide the proposed tax abatement schedule of 40% for 10 years in
support of the construction of a 90,000 square foot ice rink/entertamme ut facility by Allen Ice
Arena d/b/a Ice Bound -Allen. The motion carried.
Conduct a Public Hearing and Consider the Approval of an Ordinance Granting a Change of
Zoning to Remove Specific Use Permit No. 1 for a Car Wash Located East of Central Expressway
North and Southwest of Allen Drive.
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, Mayor Terrell closed the public hearing.
Ordinance No. 1842-6-00: 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, to Grant a Change in Zoning by Repealing Ordinance No. 192 to Revoke the Specific Use
Permit for a Car Wash Use on Property Zoned Central Business District Described m Tract 3, Abstract
No. 484, City of Allen, Collin County, Texas; Providing a Repealing Clause; Providing for a Severability
Clause; and Providing for an Effective Date.
MOTION: Upon a motion made by Mayor Pro Tem Gallagher and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No 1842-6-00 as
previously captioned repealing Ordinance No. 192 to revoke Specific Use Permit No. 1 for a car
wash. The motion earned.
9. Conduct a Public Hearing and Consider the Approval of an Ordinance Granting a Change in
Zoning by Granting Specific Use Permit No. 78 for Outdoor Storage and Display of Seasonal Items
on Property in the Bray Central One Addition Located Northwest of US 75 and East of Bray
Central Drive as Requested by K -Mart.
Mayor Terrell opened the public heanng and asked for anyone speaking either for or against the request to
do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
Ordinance No. 1843-6-00: 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 Specific Use Permit No 78 for a Retail Store With Outdoor Storage and Display of Seasonal
PAGE
Items for Property Zoned Planned Development District No 54 Subject to Special Conditions Described in
Exhibit "A" Attached Hereto; Providing for Approval of the Site Plan Attached Hereto as Exhibit "B",
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
an Effective Date
MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Gallagher, the
Council voted four (4) for and two (2) opposed with Councilmembers Buchanan and Owen
casting the negative votes, to approve and adopt Ordinance No. 1843-6-00 as previously
captioned to grant Specific Use Permit No. 78 for outdoor storage and display of seasonal items
subject to the revised site plan and conditions in accordance with the Planning and Zoning
Commission recommendation. The motion carried.
Councilmember Owen expressed concern allowing any display of items outside the fenced area.
Council requested Staff monitor the entire City to adhere to City Ordinances.
10. Conduct a Public Hearing and Consider the Approval of an Ordinance Granting a Change in
Zoning by Granting Specific Use Permit No. 79 for a Fueling Station on 1+ Acres of Land Located
at the Southwest Corner of SH 5 and Stacy Road as Requested by EXXON.
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, Mayor Terrell closed the public hearing.
Ordinance No. 1844-6-00: 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 Specific Use Permit No 79 to Allow a Fueling Station Subject to Special Conditions for
Property Zoned SC — Shopping Center Further Described in Exhibit "A" Attached Hereto; Providing for the
Approval of the Site Plan Attached Hereto as Exhibit `B", Providing a Repeating 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 Effechve Date.
MOTION: Upon a motion made by Mayor Pro Tem Gallagher and a second by Councilmember Thomas, the
Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1844-6-00 as
previously captioned granting Specific Use Permit No. 79 for a fueling station subject to special
conditions for a fueling station with exception of Amending Exhibit B, Item 6, regarding the pole
sign and to include 100% brick building material, including the car wash, but not the pump
facility. The motion carred.
A written report will be presented to Council regarding the brick fagade on the Exxon Station on Central
Expressway and McDermott Drive
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 15, 2000
PAGE
Items for Property Zoned Planned Development District No 54 Subject to Special Conditions Described in
Exhibit "A" Attached Hereto; Providing for Approval of the Site Plan Attached Hereto as Exhibit "B",
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
an Effective Date
MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Gallagher, the
Council voted four (4) for and two (2) opposed with Councilmembers Buchanan and Owen
casting the negative votes, to approve and adopt Ordinance No. 1843-6-00 as previously
captioned to grant Specific Use Permit No. 78 for outdoor storage and display of seasonal items
subject to the revised site plan and conditions in accordance with the Planning and Zoning
Commission recommendation. The motion carried.
Councilmember Owen expressed concern allowing any display of items outside the fenced area.
Council requested Staff monitor the entire City to adhere to City Ordinances.
10. Conduct a Public Hearing and Consider the Approval of an Ordinance Granting a Change in
Zoning by Granting Specific Use Permit No. 79 for a Fueling Station on 1+ Acres of Land Located
at the Southwest Corner of SH 5 and Stacy Road as Requested by EXXON.
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, Mayor Terrell closed the public hearing.
Ordinance No. 1844-6-00: 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 Specific Use Permit No 79 to Allow a Fueling Station Subject to Special Conditions for
Property Zoned SC — Shopping Center Further Described in Exhibit "A" Attached Hereto; Providing for the
Approval of the Site Plan Attached Hereto as Exhibit `B", Providing a Repeating 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 Effechve Date.
MOTION: Upon a motion made by Mayor Pro Tem Gallagher and a second by Councilmember Thomas, the
Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1844-6-00 as
previously captioned granting Specific Use Permit No. 79 for a fueling station subject to special
conditions for a fueling station with exception of Amending Exhibit B, Item 6, regarding the pole
sign and to include 100% brick building material, including the car wash, but not the pump
facility. The motion carred.
A written report will be presented to Council regarding the brick fagade on the Exxon Station on Central
Expressway and McDermott Drive
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 15, 2000 PAGE 5
it. Conduct a Public Hearing and Consider the Approval of an Ordinance Establishing the Allen
Land Development Code.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to
do so at this time.
Ms. Amy Monter, spoke in favor of the tree preservation ordinance and fence row trees.
Mr. Ed Topfer, 307 Keith, Allen, Texas, expressed concerns regarding lighting standards currently in
effect. He spoke in favor of the Land Development Code with emphasis on tree preservation and
recommended trashing the unprotected tree list.
Mr. Ron Stenlake, 200 E. Bethany, Allen, Texas, spoke in support of the Land Development Code. He
suggested Council allow the Chamber of Commerce to review the proposed code to see how it will impact
local businesses prior to Council action.
With no one else speaking, Mayor Terrell closed the public hearing.
Ordinance No. 1845-6-00: An Ordinance of the City Council of the City of Allen, Collin County, Texas,
Amending the Comprehensive Zoning Ordinance, the Subdivision Ordinance and Portions of the Code of
Ordinances and Codifying the Same as the Allen Land Development Code; Establishing Zoning Districts
and Regulations; Creating New Zoning Distracts, Regulating the Height of Buildings and Structures, Sizes
of Yards and Open Spaces, the Use of Buildings and Land for Industrial, Commercial, Residential and
Other Purposes; Providing for the Inclusion of New and Unlisted Uses; Providing Regulations Governing
Exterior Construction; Providing for Off -Street Parking and Loading Requirements; Providing Landscape
Requirements; Providing Accessory Building and Use Regulations; Providing Fencing, Walls and
Screening Requirements; Providing for Site Plan Review and Approval; Providing Certain Performance
Standards; Providing Lighting and Glare Standards; Providing Minimum Required Areas for Lots and
Dwelling Units in Various Districts; Regulating the Density of Dwellings and Other Structures and the
Percentage of a Lot that may be Occupied by Structures; Establishing the Basis for Creating a Building
Site; Providing for Special Use Permits, Adopting a Zoning District Map and Making it a Part of this
Ordinance, Defining the Powers and Duties of the Planning and Zoning Commission, the Board of
Adjustment, Sign Control Board and the Buildings and Standards Commission; Providing for Non -
Conforming Uses and Structures; Providing Regulations Governing Subdivision of Land and Plat
Approval; Establishing Regulations for Design and Construction of Streets, Sidewalks, Alleys and
Utilities; Defining Certain Tema; Providing a Severability Clause; Providing a Repeating Clause;
Providing a Savings Clause; Providing a Penalty of Fine not to Exceed Two Thousand Dollars ($2,000);
and Providing for an Effective Date.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Bartlemay, the
Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1845-6-00 as
previously captioned, adopting the Allen Land Development Code as presented by Staff. The
motion carred.
12. Approve an Ordinance Establishing Maximum Rates that AT&T May Charge Its Allen Cable TV
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 15, 2000 PAGE 6
Subscribers for the Basic Tier, Hourly Service Charges and Associated Equipment.
Ordinance No. 1846-6-00: An Ordinance of the City Council of the City of Allen, Collin County, Texas,
Establishing Maximum Rates that AT&T Cable Services May Charge its Allen Cable Television
Subscribers for Programming Costs, Equipment and Installation; for Ordering Refunds; Providing a
Severability Clause; Providing a Repealing Clause; Providing a Penalty of Fine not to Exceed the Sum of
Five Hundred Dollars ($500.00) for Each Offense; and Providing for an Effective Date
MOTION: Upon a motion made by Councilmember Buchanan and a second by Councilmember Thomas, the
Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1846-6-00 as
previously captioned to set certain Maximum Permitted Rates, and find other Operator Selected
Rates to be reasonable, for AT&T's cable television services and equipment as recommended by
the Cable TV and Telecommunications Advisory Committee. The motion carried.
13. Approve an Ordinance Establishing a Moratorium Regarding the Central Business District of
Allen.
Mayor Terrell announced this is not a Public Heanng item but invited those present to speak.
Mr. Hiep Tran, 2400 Jupiter Road, F-3, Plano, Texas, spoke on behalf of the McDermott Drive and Ash
Drive Project He requested his project be considered outside this moratorium
Mr. Will Richardson, Allen, Texas, expressed apposition to the moratorium since it is a severe measure
and requested a 90-day moratorium instead of the proposed six (6) months.
Mr. Mike Williams, Allen, Texas, expressed opposition to the moratorium and requested a 60- or 90-day
moratorium as a compromise.
Mr. Steve Dobson, 605 W Main Street, Allen, Texas, questioned the boundary of the affected area.
Ms. Melanie Jones, 1323 Rocky Creek, Allen, Texas, expressed concern regarding a piece of property
being split by the CBD (Central Business District) and questioned why the owner was not notified of this
pending action.
Mr Jim Brazeal, 732 S. Allen Heights, Allen, Texas, spoke in favor of the moratorium but felt six (6)
months including the two month extensions was excessive.
Mr. Andy Reitmger, 101 Haven Place, Allen, Texas, has begun the development process at Anna Drive
and Main Street He requested Council provide a process for development to proceed forward.
With no one else speaking, Mayor Terrell closed the public comment.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 15, 2000
PAGE 7
Ordinance No. 1847-6-00: An Ordinance of the City Council of the City of Allen, Collin County, Texas,
Establishing a Temporary Moratorium on the Acceptance and Filing of Applications for General
Development Plans, Zoning Amendments, Plats, and the Issuance of Building Permits for New
Construction for the Property Described in Exhibit "A" Attached Hereto and as Depicted on the Map
Attached as Exhibit "A-1" Hereto; Providing for Special Exceptions; Providing for a Severability Clause;
Providing for a Repealing Clause; and Providing for an Effective Date.
MOTION: Upon a motion made by Mayor Pro Tem Gallagher and a second by Councilmember Bartlemay,
the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1847-6-
00 as previously captioned to establish a moratorium for the acceptance and filing of applications
for General Development Plans, applications for zoning amendments, applications for subdivision
plat approval, and the issuance of building permits for a portion of the Central Business District
(CBD) with the amendment that the 60 -day increment extension be removed from Section 3. The
motion carded.
14. Approve an Ordinance Disannexing 16+ Acres Located at the Southeast Corner of SH 121 and
Custer Road.
Ordinance No. 1848-6-00: An Ordinance of the City Council of the City of Allen, Collin County, Texas,
Disannexing of Land Described in Exhibit "A" from the City of Allen, Texas; so that said Territory may
be Annexed by the City of Plano, Texas; Providing that the City of Allen Relinquishes any and all
Extraterritorial Jurisdiction it may have in and to said Tract of Land Hereinafter Described; and Providing
for an Effective Date.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1848-6-00 as
previously captioned to disannex 16+ acres of land from the City of Allen to the City of Plano.
The motion carried.
Other Business
15. Calendar
•
June 19, 26 — Summer Sounds Outdoor Concerts1730 PM
Hillside Amphitheater/Bethany Lakes Park
•
June 23 — Planning and Zoning for Public Officials and Attomeys/Presented by The Southwestern
Legal Foundation
•
July 1 —Allen USA Celebration
•
August 11-13 — Council Budget Workshop
•
August 12 — Bond Election
•
August 22 — Public Hearing on the Budget
•
•
August 24 — TENTATIVE Triad Meeting/Council, Chamber of Commerce, Allen ISD
August 29 — Public Hearing on the Tax Rate (if needed)
16. Items of Interest
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 15, 2000 PAGE 8
Executive Session
The Executive Session was not held
17. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Councilmember Buchanan and a second by Councilmember Bartlemay,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 10:43 p.m on Thursday, June 15, 2000. The motion carred.
These minutes approved on the 6" day of July, 2000.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
�Mo n, CMC/AAE, CITY SECRETARYn, CMC/AAE, CITY SECRETARY
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