[00:00:06] WE CALL THE ALLEN CITY COUNCIL MEETING TO ORDER AND ANNOUNCE THAT WE DO HAVE A QUORUM PRESENT. [1. Call to Order and Announce a Quorum is Present.] IF I COULD ASK THE AUDIENCE TO PLEASE RISE AND JOIN US IN THE PLEDGE OF ALLEGIANCE. THANK YOU. PLEASE BE SEATED. NEXT ITEM ON OUR AGENDA IS PUBLIC RECOGNITION, WHICH WE DON'T HAVE ANYTHING PLANNED FOR TONIGHT. [4. Citizens’ Comments.] THE NEXT ITEM AFTER THAT ASSISTANCE COMMENTS. ANYONE WISHING TO SPEAK TO THE COUNCIL ABOUT ANY ITEM THAT'S NOT ON THE AGENDA OR NOT ALREADY SCHEDULED FOR A PUBLIC HEARING, YOU CAN COME FORWARD AT THIS TIME. STATE YOUR NAME AND ADDRESS FOR THE RECORD. I DO HAVE SOME CARDS AND I'LL CALL THOSE PEOPLE OFF FIRST, AND IF YOUR NAME IS NOT CALLED AND YOU STILL WISH TO SPEAK, THEN YOU CAN COME FORWARD AT THAT TIME. THE FIRST PERSON THAT I HAVE, I DO NOT HAVE A LAST NAME. I HAVE A LETTER. SO THE PERSON'S NAME IS HUMZA A. 2215 LORING DRIVE ALLEN. I WOULD LIKE TO THANK THE CITY COUNCIL FOR RECOGNIZING ME. MY NAME IS HUMZA AHMED AND I LIVE AT 2215 LONG DRIVE. SO BEFORE I BEGIN, I'D LIKE TO MENTION HOW I WAS TOLD BY MAYOR FULK AT THE LAST CITY COUNCIL MEETING THAT MY IDEA FOR A TWO THIRDS MAJORITY TO [INAUDIBLE] TEXAS WAS ALREADY ADOPTED STATEWIDE. SO I GUESS THAT MEANS IT'S A GOOD IDEA. SO WHAT I'D LIKE TO DISCUSS TODAY IS BUSINESS GROWTH IN ALLEN. EVERY SMALL TOWN IS ALWAYS TRYING TO ATTRACT MORE BUSINESSES, AND WHILE I AGREE THAT ALLEN SHOULD DO THIS AS WELL, I DIGRESS, IN THE FACT THAT IT SHOULD BE OUR PRIMARY CONCERN INSTEAD, THIS CONCERN SHOULD BE IN CONJUNCTION WITH ANOTHER FOCUSING ON WHAT WE ALREADY HAVE. IT'S A COMMONLY KNOWN QUOTE IN THE BUSINESS WORLD THAT YOU SHOULDN'T FOCUS ON MAKING $1,000,000. YOU SHOULD INSTEAD FOCUS ON GAINING A MILLION CUSTOMERS. THIS IS EXEMPLIFIED IN THE FACT THAT ACCORDING TO THE TEXAS DEPARTMENT OF COMMERCE, 80% OF ALL NEW JOBS IN THE STATE COME FROM LOCAL BUSINESSES ALREADY EXISTING WITHIN THE CITY RATHER THAN NEW ONES OR LARGE CHAIN BUSINESSES. IT'S FOR THIS REASON WHY I WOULD LIKE TO PROPOSE A GROWTH BUSINESS RETENTION AND EXPANSION PROGRAM TO BUILD THE CITY COUNCIL AND THE ALLEN ECONOMIC DEVELOPMENT CORPORATION INSTEAD OF CROWDING ALLEN WITH A PLETHORA OF NEW BUSINESSES THAT STARVE EACH OTHER OUT. I WANT OUR CITY TO HELP WHAT'S CURRENTLY HERE TO GROW EVEN MORE, WHILE AT THE SAME TIME FOCUSING ON ATTRACTING NEW BUSINESSES WILL NOT GIVING MORE IMPORTANCE TO THE [INAUDIBLE]. AN EXAMPLE OF THIS IS WITH THE $48 MILLION THAT THE ALLEN ECONOMIC DEVELOPMENT CORPORATION ALREADY DEDICATES THE WORKFORCE TRAINING IN CONJUNCTION WITH COLLIN COLLEGE. BY EXPANDING ON THIS AS A PART OF AN EXTENDED BUSINESS RETENTION AND EXPANSION PROGRAM, PEOPLE WILL ABLE TO EARN HIGHER SALARIES WITH EXISTING BUSINESSES AND IN TURN PROVIDE THE CITY WITH MORE REVENUE. TO WRAP THIS UP, I FULLY SUPPORT ATTRACTING NEW BUSINESSES, BUT I BELIEVE THAT FOCUSING ON EXISTING BUSINESSES SHOULD BE GIVEN EQUAL, IF NOT MORE IMPORTANCE. THANK YOU. THANK YOU. NEXT, I HAVE MIKE MORAN 806 BANDERA DRIVE, ALLEN. THANK YOU. MY NAME IS MIKE MORAN. 806 BANDERA DRIVE. MR. MAYOR. ERIC. SHELLY. CHRIS. CARL. BEN. I'M HERE TO PRESENT MY OUTLINE FOR UPCOMING COUNCIL SPEECHES. MY GOAL IS TO SAVE ALLEN FROM THE HATE GROUP THAT HAS HIJACKED OUR CITY COUNCIL. I FEEL BAD FOR HAVING TO DO THIS. IT'S I'M SO DISGUSTED BY THE BEHAVIOR OF THIS GROUP AND THE DANGERS THEY POSE THAT I FEEL IT IS THE BEST COURSE OF ACTION TO HELP EDUCATE THE PEOPLE OF ALLEN AND ENSURE OUR GREAT FUTURE. THE FOLLOWING IS A LIST OF TOPICS I'LL BE PRESENTING AT REGULAR COUNCIL APPEARANCES. OF COURSE, THIS WILL CHANGE OVER TIME, GIVEN NEW OPPORTUNITIES TO EDUCATE THE FOLLOWING. I'M GOING TO START WITH A POSITIVE. MY FIRST PRESENTATION. SO WHAT HAS MADE ALLEN A GREAT CITY? AND WHAT WILL IT TAKE TO KEEP US THAT WAY? THEN I'M GOING TO JUST GO KIND OF GO SEQUENTIALLY, BUT NOT NECESSARILY IN THIS ORDER WHEN I DO PRESENTATIONS. SO OUR CITY IS DIVIDED. I WANT TO EXPOSE THE WTPA AS A HATE GROUP AND THE NEGATIVE IMPACT THAT THEY'VE HAD ON OUR CITY AND IN OUR COMMUNITY. [00:05:02] THREE, THEY HAVE COUNCIL MEMBERS THAT ARE PAWNS AND THEIR ONLY INTEREST IS IN PROMOTING THEIR PAC'S AGENDA. FOUR I WANT TO EXPOSE THE HATE AND HYPOCRISY OF THE WTPA AND COUNCIL PAWNS AND ATTACKING THE MAYOR, CITY COUNCIL MEMBERS, THE GOOD PEOPLE OF ALLEN JUST TO PROMOTE THEIR AGENDA AND TO BULLY PEOPLE. THIS WILL BE A GOOD ONE. I HAVE A NEW WORD FOR WEBSTER'S. IT'S CALLED [INAUDIBLE]. I ALSO WANT TO DISCUSS THE DANGERS OF SOCIAL MEDIA AND HOW DO WE GET INVOLVED IN THE CITY IN A POSITIVE WAY TO DO SOMETHING PRODUCTIVE INSTEAD OF JUST ATTACKING EVERYTHING. WE'LL ALSO BE DISCUSSING AN ETHICS COMPLAINT AGAINST DCBA AND LJA FOR DOING BUSINESS WITH THE CITY ON THE VERY PROJECTS THE COUNCIL PAWNS ARE AGAINST, AND AS A SIDEBAR, I WAS GOING TO BRING UP THE SUBJECT OF HOW THE COLLIN COUNTY REPUBLICAN PARTY HAS BEEN OVERTAKEN BY THE HATE GROUP, LIKE WHAT IS A REAL FISCAL CONSERVATIVE. DO YOU HAVE TO WORK? DO YOU NEED TO HAVE MONEY? DO YOU LIVE OFF THE GOVERNMENT? AND I STILL AM FRUSTRATED THAT THE COLLIN COUNTY REPUBLICAN PARTY SUPPORTED A LIBERTARIAN OVER A FISCAL CONSERVATIVE REPUBLICAN. SO WE ALSO I'M GOING TO ADDRESS SHOULD WE HAVE MINIMUM QUALIFICATIONS OR REQUIREMENTS FOR PEOPLE WANTING TO SERVE ON THE COUNCIL? HOW IMPORTANT IS COMMUNITY SERVICE AND ENGAGEMENT WITH OUR CITY? ALSO, WE HAVE MANY [INAUDIBLE]. COMING AND--MR. MORAN, YOUR TIME HAS EXPIRED. ALL RIGHT, LET THE GAMES BEGIN. THANK YOU. THANK YOU, MIKE. NEXT, I HAVE [INAUDIBLE] RAGHAVAN 1041 HOT SPRINGS DR, ALLEN. THANK YOU, MR. MAYOR, AND CITY COUNCIL MEMBERS, FOR GIVING ME AN OPPORTUNITY TO SPEAK TODAY. I SPEAK TO YOU NOT ONLY FOR ME, BUT ALSO FOR THE 3500 PEOPLE WHO VOTED FOR ME IN THE PREVIOUS ELECTIONS. SO THIS IS A MESSAGE OF THANK YOU. THANK YOU TO ERIC FIRST FOR PUTTING TOGETHER THE 2022-2023 BUDGET. I READ THROUGH THAT LAST NIGHT AND I HAD A CHANCE TO DIVE INTO THE NUMBERS AND HERE ARE A FEW THINGS THAT JUMP AT ME. THIS BUDGET IS GOING TO BRING IN $3.2 MILLION MORE IN PROPERTY TAXES VERSUS LAST YEAR. SALES TAX COLLECTIONS HAVE INCREASED AS THE ECONOMY REBOUNDS, AND THAT IS GOING TO INCREASE BY MORE THAN $7 MILLION AS COMPARED TO LAST YEAR. THE WATER AND SEWAGE FUND, WHICH IS AN ENTERPRISE FUND, IS AGAIN GENERATING MORE MONEY, CLOSE TO $6 MILLION VERSUS LAST YEAR. RIGHT. SO ALL THESE ARE REALLY POSITIVE MESSAGES AND I'M HIGHLY CONFIDENT THAT WE CAN DO A NO NEW REVENUE TAX RATE AGAIN THIS YEAR, JUST ON THE PURE BASIS OF ALL THESE NUMBERS, EVEN THOUGH I UNDERSTAND THAT OUR EXPENSES ARE GOING UP JUST LIKE EVERYBODY ELSE'S BECAUSE OF THE INFLATION THAT WE ARE IN AND THINGS LIKE THAT. BUT AGAIN, BOTTOM LINE POINT IS AGAIN, VERY POSITIVE MESSAGE. LAST YEAR, OCTOBER, WE DID N&R. SO I THANK EVERYBODY ON THE COUNCIL AND FORMER COUNCIL MEMBERS FOR DOING THAT. IN THE LAST TWO YEARS, OUR ESSENTIAL SERVICES HAVE BEEN A CLASS. WHAT WE HAVE ALSO DONE IS THE CITY STAFF HAS MANAGED TO STAY WITHIN BUDGET. SO AGAIN, THANK YOU REALLY FOR DOING THAT. I REALLY APPRECIATE THAT. THE CITIZENS APPRECIATE THAT. WE HAVE CONTINUED TO INVEST IN PARKS, SAFETY, TRAILS, ALL THAT, AND WE ESSENTIALLY KEPT ALLEN BEST IN CLASS. NOW, ALL THE NEIGHBORING CITIES ARE ALL GETTING INSPIRED BY THIS AND THEY WANT TO DO N&R. SO I THINK WE ARE PROVING TO BE AN INSPIRATION FOR EVERYBODY. SO, AGAIN, THANK YOU FOR ALL THAT YOU DO. THANK YOU FOR THE NO NEW REVENUE RATE BUDGET LAST YEAR. REALLY APPRECIATE THAT, AND AGAIN, BASED ON THE NUMBERS PUBLISHED, I REALLY BELIEVE AND I REALLY EXHORT EVERYBODY TO DO THE N&R. AGAIN THIS YEAR, I'M SPREADING A MESSAGE OF CHEER, A MESSAGE OF HOPE, AND A MESSAGE OF OPTIMISM THAT WE CAN REALLY GO AHEAD AND GET THIS DONE. THANK YOU AGAIN. REALLY APPRECIATE IT. THANK YOU, [INAUDIBLE]. IS THERE ANYONE ELSE WISHING TO COME FORWARD AND SPEAK TO THE CITY COUNCIL AT THIS TIME? [5. Consent Agenda.] IF NOT, WE WILL GO AHEAD AND MOVE ON TO THE NEXT ITEM ON THE AGENDA, WHICH IS ITEM NUMBER FIVE, WHICH IS TO CONSIDER THE CONSENT AGENDA. AND THE CONSENT AGENDA IS TYPICALLY ITEMS THAT ARE CONSIDERED ROUTINE OR NON-CONTROVERSIAL , AND AT THIS TIME, I'LL GO AHEAD AND HAVE THE CITY SECRETARY, SHELLEY GEORGE, READ THESE ITEMS INTO THE RECORD. FOLLOWING IS A SUMMARY OF THE CONSENT AGENDA. PLEASE REFER TO THE POSTED AGENDA FOR FULL DETAILS. [00:10:03] AGENDA ITEM 5.1 APPROVED MINUTES OF THE JULY 26 REGULAR COUNCIL MEETING. AGENDA ITEM 5.2 APPROVED MINUTES OF THE AUGUST 4TH SPECIAL CALLED WORKSHOP. AGENDA ITEM 5.3 AWARD THE BID AND AUTHORIZE AN AGREEMENT WITH BWII ENGINEERS FOR THE HERITAGE PARKWAY. ALLEN HEIGHTS SANITARY SEWER PROJECT FOR $606,400. AGENDA ITEM 5.4 AWARD BID AND AUTHORIZE AN AGREEMENT WITH EAR TELECOMMUNICATIONS FOR THE CONSTRUCTION OF THE TRAFFIC SIGNAL PROJECT FOR $1,450,381. AGENDA ITEM 5.5 AUTHORIZE NEGOTIATION AND EXECUTION OF A CONTRACT WITH UNITED HEALTH CARE TO SERVICE THE THIRD PARTY ADMINISTRATOR. AGENDA ITEM 5.6 RECEIVE THE QUARTERLY INVESTMENT REPORT FOR THE PERIOD ENDING JUNE 30TH. AGENDA ITEM 5.7 RECEIVE THE QUARTERLY FINANCE REPORT FOR PERIOD ENDING JUNE 30TH AND AGENDA ITEM 5.8 TRANSMIT THE PROPOSED 2022 TO 2023 CITY BUDGET AND THE PROPOSED 2023 TO 2027 CAPITAL IMPROVEMENT PROGRAM. THANK YOU, SHELLEY. COUNCIL, DOES ANYONE WISH TO REMOVE ANY ITEM FROM THE CONSENT AGENDA? IF NOT, I WOULD ENTERTAIN A MOTION AND A SECOND TO APPROVE THE CONSENT AGENDA. I'LL MAKE THE MOTION TO APPROVE THE CONSENT AGENDA AS READ. SECOND. WE HAVE A MOTION, AND SECOND, DOES EVERYONE UNDERSTAND WHAT THEY'RE VOTING ON? IF SO, PLEASE CAST YOUR BALLOT. ITEM PASSES UNANIMOUSLY. [Items 6.1 & 6.2] THANK YOU VERY MUCH. NEXT, WE'LL MOVE ON TO ITEM NUMBER 6.1 ON THE AGENDA, WHICH IS TO SET SEPTEMBER 13TH, 2022, AS THE PUBLIC HEARING DATE AND SCHEDULE THE VOTE REGARDING THE FISCAL YEAR 2022-2023 CITY BUDGET. PETE PHILLIS, OUR CITY FINANCE DIRECTOR, WILL BE MAKING A SHORT PRESENTATION. GOOD EVENING, PETE. MAYOR, WE'LL BE BRIEF TONIGHT. WHAT WE HAVE BEFORE US TONIGHT. I'D LIKE FOR MY COMMENTS TO BE FOR THIS ITEM AND THE NEXT ITEM AS WELL TO MAYBE SAVE A LITTLE BIT OF TIME FOR US TONIGHT. WE HAVE TWO ACTION ITEMS FOR US TONIGHT TO CONSIDER, AND BASICALLY THEY PERTAIN TO THE CITY'S ANNUAL SERVICE PLAN. THE FIRST ITEM IS TO ESTABLISH A DATE FOR A PUBLIC HEARING TO ADOPT THE CITY'S BUDGET, WHICH WILL BE SEPTEMBER 13TH, 2022, AND THE SECOND ITEM IS TO ESTABLISH A HEARING FOR THE ADOPTION OF THE TAX RATE AS DEFINED BY STATE STATUTES OR THE TEXAS LEGISLATURE. OF COURSE, AS YOU KNOW, PACKAGING THE CITY'S ANNUAL SERVICE PROGRAM TAKES A TREMENDOUS AMOUNT OF THOUGHT AND CONSIDERATION. IT IS, AFTER ALL, HOW WE MEET THE COMMUNITY'S NEEDS AND HOW WE FULFILL OUR MISSION. I HEARD SOME OF THAT IN JUST SOME PREVIOUS COMMENTS. I WANT TO TAKE SOME TIME TO READ WHAT OUR MISSION STATEMENT IS, AND I THINK IT'S IMPORTANT THAT WE CONSIDER THIS BECAUSE IT IS A GUIDING, GUIDING FACTOR IN HOW WE PACKAGE OUR SERVICE PLAN EACH YEAR. OUR MISSION STATEMENT SAYS OUR MISSION IS TO PROVIDE BEST IN CLASS MUNICIPAL SERVICES, BEST IN CLASS MUNICIPAL SERVICES TO BE FINANCIALLY RESPONSIBLE AND SOUND PLAN AND INVEST IN ALAN'S FUTURE, ENGAGE OUR COMMUNITY AND PROVIDE FOR FAIR AND EQUITABLE COMMUNITY SERVICES AND CITY GOVERNMENT. WE'RE ALSO TO PRESERVE AND ENHANCE OUR ALLEN COMMUNITY CHARACTER. THAT'S IN OUR MISSION STATEMENT, AND FINALLY, WE HEARD SOME OF THIS TO STIMULATE ECONOMIC GROWTH AND TO ENCOURAGE BUSINESS INVESTMENT OR PERHAPS BUSINESS REINVESTMENT IN OUR COMMUNITY. ALL THAT'S WRAPPED UP IN OUR MISSION STATEMENT MANAGEMENT TEAM. YOUR STAFF IS DELIVERING YOU A SERVICE PLAN THAT I THINK ENCOMPASSES WHAT THE MISSION STATEMENT ASKS US TO FULFILL. SO TONIGHT, AS WE CONSIDER THE ACTION ITEM, THE FIRST ONE, WHICH IS TO SIMPLY ESTABLISH A HEARING DATE FOR THE ADOPTION OF THE BUDGET AGAIN, WHICH IS SEPTEMBER 13, 2022. I ASK THAT WE CONSIDER THAT MISSION STATEMENT AND ALSO CONSIDER WHAT ELSE MIGHT BE OUR PRIORITIES AS WE MOVE INTO THE BUDGET WORKSHOP. THE SECOND ITEM IS TO ESTABLISH THE PUBLIC HEARING DATE AND ESTABLISH A MAXIMUM TAX RATE A MAXIMUM TAX RATE THAT THE CITY CAN ADOPT FOR FISCAL YEAR 2023. THIS ACTION IS NOT AN APPROVAL OR AFFIRMATION OF A TAX RATE THAT IS BEING RECOMMENDED FOR FINAL ADOPTION. IT'S SIMPLY ESTABLISHING THE CEILING OR THE MAXIMUM TAX RATE THAT THE TEXAS LEGISLATURE DEFINES. [00:15:01] IT'S ESSENTIALLY THE N&R WHAT WE ALL KNOW TO BE THE N&R, WHICH IS BASICALLY A FLAT REVENUE PLUS THREE AND A HALF PERCENT. OF COURSE, WE ALL KNOW THAT TODAY'S INFLATIONARY ENVIRONMENT, TOMORROW'S A BIG DAY FOR THE MARKETPLACE, BUT RIGHT NOW EVERYBODY KNOWS THAT INFLATION IS AROUND 9%, COULD BE RISING, BUT WE'RE LOOKING FOR A KEY INDICATOR TOMORROW. OF COURSE, THE FEDS ARE, TOO, AND WE KNOW WHAT THE INTEREST RATES ARE DOING TO US, AND SO WE AS A LOCAL GOVERNMENT TRYING TO PROVIDE CITY SERVICES AND FULFILL WHAT OUR MISSION STATEMENT REQUIRES OF US. WE'RE HAVING TO DEAL WITH THESE COSTS, AS YOU WELL KNOW. SO TONIGHT WE'RE ASKING THE COUNCIL BASICALLY TO VOTE ON A MAXIMUM TAX RATE IN AN HOUR, PLUS THREE AND ONE HALF PERCENT AND ESTABLISH A PUBLIC HEARING DATE FOR BOTH THE BUDGET AND THE ADOPTION OF THE CITY TAX RATE. WE'LL MAKE NOTE THAT IT IS WORTH CONSIDERING THAT THE TAX RATE THAT'S IN FRONT OF US TONIGHT IS ALMOST $0.04, ALMOST $0.04 LESS THAN THE TAX RATE THAT WE'RE CURRENTLY OPERATING FISCAL YEAR 2022. SO THE TAX RATE THAT WE'RE CONSIDERING TONIGHT, WHICH IS THE MAXIMUM TAX RATE N&R PLUS THREE AND A HALF PERCENT, IS $0.431 THE CITY'S TAX RATE CURRENTLY IS $0.47. SO WITH THAT, MAYOR, I'LL TURN IT OVER TO YOU. ALL RIGHT, COUNCIL, ANY QUESTIONS FOR PETE BEFORE WE VOTE? IF NOT, I WILL ENTERTAIN A MOTION AND A SECOND TO APPROVE ITEM 6.1. MAYOR I'D LIKE TO MAKE A MOTION TO SET TUESDAY, SEPTEMBER 13, 2022, AT 7 P.M. AT ALLEN CITY HALL, 305 CENTURY PARKWAY ALLEN, TEXAS AS THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING ON THE CITY'S PROPOSED FISCAL YEAR 2022-2023 BUDGET IN ACCORDANCE WITH ARTICLE IV SEC 4.04 OF THE CITY CHARTER. SECOND. WE HAVE A MOTION, AND THE SECOND. DOES EVERYONE UNDERSTAND WHAT THEY'RE VOTING ON? IF SO, PLEASE CAST YOUR BALLOT. THIS ITEM PASSES UNANIMOUSLY. WE'LL NOW MOVE ON TO ITEM 6.2, WHICH PETE ALREADY MADE A PRESENTATION ON, AND I WOULD REITERATE THAT THE TAX RATE IN THE MOTION IS THE CEILING THAT WE CAN WORK WITH IN REGARDS TO SETTING THE TAX RATE. OBVIOUSLY, WE'LL PROBABLY BE SOMEWHERE BELOW THAT NUMBER. WITH THAT, I WILL ASK OR ASK FOR A MOTION AND A SECOND TO ADOPT THAT ITEM. MAYOR, I MAKE A MOTION SET. TUESDAY, SEPTEMBER 13, 2022 7:00 PM AT ALLEN CITY HALL 305 CENTURY PARKWAY, ALLEN, TEXAS AS THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING AND VOTE ON THE STAFF PROPOSED CITY TAX RATE OF $0.431357 PER $100 OF APPRAISED VALUE FOR THE FISCAL YEAR 2022-2023. SECOND. WE HAVE A MOTION SECONDED. EVERYONE UNDERSTAND WHAT THEY'RE VOTING ON. IF SO, PLEASE CAST YOUR BALLOT. THANK YOU, COUNCIL. THANK YOU, PETE. ITEM PASSES UNANIMOUSLY. THANK YOU VERY MUCH FOR THAT. COUNCIL, NEXT, WE'LL MOVE ON TO ITEM 6.3 TO CONDUCT A PUBLIC HEARING AND ADOPT AN ORDINANCE TO AMEND PLAN DEVELOPMENT. [6.3 Conduct a Public Hearing and adopt an Ordinance to amend Planned Development No. 3 with a base zoning of Light Industrial to allow medical or dental office use at 22 Prestige Circle.] NUMBER THREE, WITH THE BASE ZONING OF LIGHT INDUSTRIAL TO ALLOW MEDICAL OR DENTAL OFFICE USE AT 22 PRESTIGE CIRCLE, AND JESSICA JOHNSON, THE CITY PLANNER, IS GOING TO COME FORWARD AND TELL US ABOUT THAT. GOOD EVENING. GOOD EVENING. THANK YOU, MAYOR, MAYOR, PRO TEM AND COUNCIL MEMBERS. THE ITEM THAT WE'RE DISCUSSING TODAY IS LOCATED AT 22 PRESTIGE, AND WE'RE HERE TODAY TO SIMPLY ASK TO ADD THE ADDITION OF MEDICAL OR DENTAL OFFICE TO AN EXISTING PD, THE BUSINESS LOCATED THERE. WHEN IT OPENED THE USE OR EXCUSE ME, THE DEFINITION OF A MEDICAL OR DENTAL OFFICE WAS NOT CLEARLY DEFINED. IT WAS SIMPLY AN OFFICE, AND THAT IS HOW IT WAS. THAT WAS HOW IT WAS DISCUSSED AND THAT'S HOW IT WAS CLASSIFIED. SINCE THEN, THE ALDC HAS BEEN UPDATED AND THE DEFINITION. THANK YOU. THE DEFINITION OF MEDICAL OR DENTAL OFFICE WAS IN FACT ADDED, AND THIS BUSINESS IS IN FACT A MEDICAL OFFICE. AS YOU CAN SEE, THE PROPERTY IS LOCATED BY THE ON THE SCREEN THERE, IT'S OUTLINED IN RED THE SURROUNDING PROPERTIES EXCUSE ME, THE PROPERTY IS PLANNED DEVELOPMENT NUMBER THREE WITH A BASE ZONING OF LIGHT INDUSTRIAL. THE SURROUNDING PROPERTIES, PARTICULARLY THE PROPERTY TO THE NORTHEAST AND WEST ARE ALSO ZONED PLAN DEVELOPMENT NUMBER THREE WITH LIGHT INDUSTRIAL, THE PROPERTY TO THE SOUTH IS PLANNED DEVELOPMENT NUMBER THREE WITH A BASE ZONING OF SHOPPING CENTER. AND AS I WAS SAYING, AS YOU CAN SEE FROM THE AERIAL, THIS IS AN EXISTING AND DEVELOPED PROPERTY. THEY ARE NOT PROPOSING ANY CHANGES EXTERIOR TO THE PROPERTY. [00:20:02] SO AS I WAS SAYING, WHEN THE BUSINESS OPENED, THE MEDICAL OR DENTAL OFFICE WAS NOT CLEAR, IT WAS NOT DEFINED, IT WAS CLASSIFIED AS A USE OF OFFICE, AND SINCE THE RDC HAS BEEN UPDATED, THERE IS A DEFINITION FOR MEDICAL AND DENTAL OFFICE WHICH THIS BUSINESS IS. THEY WOULD LIKE TO EXPAND THEIR BUSINESS INTO THE VACANT ADJACENT SUITE, AND IN ORDER TO DO SO, WE WOULD HAVE TO CHANGE THEM FROM LEGAL, NON-CONFORMING AND CORRECT THE ZONING. SO THE DEVELOPMENT REGULATIONS THEY WERE PROVIDED EARLIER, BUT THEY ARE JUST SIMPLY THAT TO ADD THE MEDICAL AND THE USE OF A MEDICAL AND DENTAL OFFICE BY RIGHT TO THIS EXISTING PD. STAFF HAS REVIEWED THE PROJECT. IT DOES MEET THE STANDARDS OF THE ALDC AS FAR AS SETBACKS, PARKING, THINGS LIKE THAT. WE ARE RECOMMENDING APPROVAL. I'M HAPPY TO ANSWER ANY QUESTIONS. THE APPLICANT IS HERE AS WELL, IF YOU HAVE ANY QUESTIONS FOR THEM. OKAY, THANK YOU, JESSICA. COUNCIL, ANY QUESTIONS FOR JESSICA OR THE PROPONENT BEFORE WE OPEN THE PUBLIC HEARING? IF NOT, I WILL GO AHEAD AND OPEN THE PUBLIC HEARING AND ASK ANYONE WISHING TO SPEAK FOR OR AGAINST THIS REQUEST TO PLEASE COME FORWARD AT THIS TIME. STATE YOUR NAME AND ADDRESS FOR THE RECORD. SEEING NO ONE COMING FORWARD. I WILL GO AHEAD AND CLOSE THE PUBLIC HEARING AND TURN THE MATTER BACK TO THE COUNCIL. COUNCIL, ARE THERE ANY FURTHER QUESTIONS OR COMMENTS? IF NOT, THEN I WILL ASK FOR AN ORDINANCE NUMBER. ORDINANCE NUMBER 3933-8-22. WITH THAT, I WOULD ENTERTAIN A MOTION AND A SECOND TO ADOPT THIS ITEM. MAYOR I'LL GLADLY MAKE A MOTION TO ADOPT ORDINANCE NUMBER 3933-8-22 TO AMEND PLANNED DEVELOPMENT. NUMBER THREE WITH A BASE ZONING OF LIGHT INDUSTRIAL. SECOND. MOTION AND A SECOND, DOES EVERYONE UNDERSTAND WHAT THEY'RE VOTING ON? IF SO, PLEASE CAST YOUR BALLOT NOW. THIS ITEM PASSES UNANIMOUSLY. THANK YOU VERY MUCH FOR THAT, COUNCIL. [6.4 Conduct a Public Hearing and adopt an Ordinance to amend Specific Use Permit No. 167 at 975 State Highway 121, Suite 190. [Cigar Lounge]] NEXT, WE'LL MOVE ON TO ITEM 6.4, WHICH IS TO CONDUCT A PUBLIC HEARING AND ADOPT AN ORDINANCE TO AMEND SPECIFIC USE PERMIT. NUMBER 167 AT 975 STATE HIGHWAY 121, SUITE 190, ALSO KNOWN AS THE CIGAR LOUNGE. HAYLEY ANGEL, PLANNING MANAGER, WILL MAKE THE PRESENTATION. GOOD EVENING, HAYLEY. GOOD EVENING. ALL RIGHT, THANK YOU, MAYOR, MAYOR, PRO TEM AND MEMBERS OF THE COUNCIL. THE AGENDA ITEM THAT WAS JUST READ INTO THE RECORD IS A PUBLIC HEARING AND AN AMENDMENT TO AN EXISTING SPECIFIC USE PERMIT. THE PROPERTY IS ROUGHLY IDENTIFIED BY THE YELLOW STAR AND FREE BEARINGS. THERE IS STATE HIGHWAY 121 AND WATERS ROAD. AS WE ZOOM IN A LITTLE BIT, THE SUBJECT PROPERTY IS OUTLINED HERE IN RED AND THE SPECIFIC SUITE WE'LL BE TALKING ABOUT TONIGHT IS HIGHLIGHTED IN YELLOW. THE PROPERTY IS COMPLETELY SURROUNDED BY PLANNED DEVELOPMENT 92 CORRIDOR COMMERCIAL AND THE SUBJECT PROPERTY ITSELF IS ALSO ZONED PLAN DEVELOPMENT, 92 CORRIDOR COMMERCIAL. BACK IN APRIL OF 2019, THERE WAS A SPECIFIC USE PERMIT APPROVED FOR THIS SPECIFIC LOCATION. THE SUITE ITSELF IS JUST OVER 4700 SQUARE FEET FOR A SMOKING ESTABLISHMENT USE. BACK AT THAT TIME, IT WAS COMMON TO ADOPT A SPECIFIC OPERATOR OF A BUSINESS AND A SPECIFIC USE PERMIT, AND SO THE CURRENT REGULATIONS FOR THE SUP, AS SHOWN TODAY, ARE IN FRONT OF YOU. SO YOU CAN SEE THAT ONLY WARRIOR ENTERPRISES LLC COULD OPERATE THAT USE IN THAT SUITE. SINCE THAT TIME, THE PROPERTY OWNER HAS A NEW TENANT THAT THEY WOULD LIKE TO OPERATE THE SAME EXACT USE OF SMOKING ESTABLISHMENT. SO THE REQUEST TODAY IS VERY SIMPLE. IT'S JUST TO REMOVE THAT PROVISION THAT WAS BEFORE YOU. AS A REMINDER, BACK IN AUGUST THERE WAS AN AMENDMENT TO THE ALLEN LAND DEVELOPMENT CODE THAT DID REVISE THE REQUIREMENT THAT THERE BE A SPECIFIC OPERATOR. SO YOU MIGHT SEE A LITTLE BIT MORE OF THIS CLEANUP COME THROUGH, BUT TRULY, TODAY, IS SIMPLE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL OF THE REQUEST AND STAFF IS RECOMMENDING APPROVAL AS WELL. I'M HAPPY TO ANSWER ANY QUESTIONS AND THE APPLICANT IS HERE AS WELL. THANK YOU. THANK YOU, HAYLEY. COUNCIL, ANY QUESTIONS FOR HAYLEY OR THE PROPONENT BEFORE THE PUBLIC HEARING? WHEN DO THEY ANTICIPATE OPENING THE NEW STORE? IF I WAS THE APPLICANT, I'M GOING TO ASSUME AS SOON AS POSSIBLE. BUT WE ARE WORKING WITH THEM QUICKLY TO GO AHEAD AND MOVE FORWARD ON A CO APPLICATION AS WELL AS HEALTH PERMITS. ANY OTHERS? IF NOT, WE'LL GO AHEAD AND DO THE PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING AND ASK ANYONE WISHING TO SPEAK FOR OR AGAINST THE REQUEST TO PLEASE COME FORWARD AT THIS TIME. STATE YOUR NAME AND ADDRESS FOR THE RECORD. SEEING NO ONE COMING FORWARD, WE'LL CLOSE THE PUBLIC HEARING AND TURN THE MATTER BACK OVER TO THE COUNCIL. ANY DISCUSSION? IF NOT, DO WE HAVE AN ORDINANCE NUMBER? ORDINANCE NUMBER 3934-8-22. I'D ENTERTAIN A MOTION AND A SECOND TO APPROVE THIS ITEM. MR. MAYOR, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 6.4. [00:25:03] SECOND. MOTION AND SECOND, DOES EVERYONE UNDERSTAND WHAT THEY'RE VOTING ON? IF SO, PLEASE CAST YOUR BALLOT. ITEM PASSES UNANIMOUSLY. [8. Executive Session (As needed).] THANK YOU VERY MUCH FOR THAT. BEFORE GOING ON TO THE NEXT ITEM ON THE AGENDA, WE WILL THE COUNCIL WILL GO AHEAD AND RECESS THE REGULAR SESSION AT 7:25 P.M , AND WE WILL CONVENE INTO EXECUTIVE SESSION AT APPROXIMATELY, LET'S SAY, 7:30. PURSUANT TO TEXAS GOVERNMENT CODE 551.071 CONSULTATION WITH CITY ATTORNEY IN REGARDS TO WOLVERINE INTEREST LLC AND NCTT, LLC, AND THEN ALSO PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071 CONSULTATION WITH CITY ATTORNEY AND SECTION 551.07 TO DELIBERATION OF REAL PROPERTY IN REGARDS TO THE COURSES AT WATERS CREEK. WE ARE NOW RECESSED. MEETING, AND WE'LL WE WILL MOVE ON TO THE NEXT AGENDA ITEM, WHICH IS ITEM 6.5, WHICH IS TO ADOPT AN ORDINANCE TO ABANDON AND VACATE BOYD PLACE IN [6.5 Adopt an Ordinance to abandon and vacate Boyd Place and certain alley right-of-way within the 500 Block of West Boyd Drive to the adjacent property owner.] CERTAIN ALLEY RIGHT OF WAY WITHIN THE 500 BLOCK OF WEST BOYD DR TO THE ADJACENT PROPERTY OWNER. CHRIS FLANIGAN, OUR ENGINEERING DIRECTOR, WILL BE MAKING A PRESENTATION ON THIS ITEM. GOOD EVENING, CHRIS. [INAUDIBLE] I'LL BE PRESENTING [INAUDIBLE], IT'S NOT UNCOMMON FOR ENGINEERING AN ITEM LIKE THIS TO YOU. ONE OF THE MANY TASKS THAT THE ENGINEERING DEPARTMENT FULFILLS ON BEHALF OF THE ORGANIZATION IS RIGHT OF WAY MANAGEMENT, MORE SPECIFICALLY IN TERMS OF PERMITTING THE USE OF PUBLIC RIGHT OF WAY, BUT OVER THE LAST 20 YEARS I'VE BEEN WITH THE CITY OF ALLEN. WE'VE FROM TIME TO TIME ABANDONED RIGHT OF WAY FOR A VARIETY OF REASONS. MOST RECENTLY, YOU MAY RECALL THAT I WAS PART OF A PRESENTATION TO ABANDON GLENWOOD DRIVE IN ORDER TO SUPPORT THE ROLLING HILLS PARK DEVELOPMENT, BUT THERE'S BEEN A NUMBER OF COUNTY ROADS, PUBLIC RIGHT OF WAYS THAT HAVE BEEN ABANDONED TO COINCIDENT WITH PROPOSED DEVELOPMENT AND SUCH. SO TONIGHT, I BRING TO YOU AN ITEM FOR YOUR CONSIDERATION. IT'S DOWNTOWN. I DON'T HAVE A YELLOW STAR TO ORIENT YOU TO THE MAP, BUT GENERALLY SPEAKING, THIS IS US 75. MCDERMOTT DRIVE. ALLEN DRIVE DOWN THE MIDDLE HERE AND WITH AN OVERLAY OF A VERY OLD STITCH TOGETHER PLAT MAP THAT REALLY DATES BACK BEFORE THE 19TH CENTURY BEFORE THE 20TH CENTURY. DATING IN SOME PARTS OF THIS MAP DATE BACK TO THE 1870S WITH THE HOUSTON AND TEXAS CENTRAL RAILROAD. WHAT WE USED TO CALL THE ORIGINAL DONATION BACK IN THE 1870S HAD REALLY SET THE MAP FOR THE COMMUNITY THAT WAS TO BECOME THE CITY OF ALLEN, NAMED AFTER EBENEZER ALLEN, WHO PETITIONED FOR THE RAILROAD COMPANY TO START IN GALVESTON AND MAKE ITS WAY ALL THE WAY TO SHERMAN DENISON, WHERE IT MET UP WITH ANOTHER RAILROAD COMING IN FROM ST LOUIS, BUT IN PARTICULAR THE RIGHT OF WAYS THAT WERE DEDICATED BY PLAT WERE SOMETIME AFTER THE 1870S, BUT BEFORE THE 1950S, AND I'M NOT EXACTLY SURE WHEN, BUT THEY WERE DEDICATED BY PLAT AND ARE SHOWN ON THIS ILLUSTRATION HERE IN YELLOW. ZOOMING IN FOR BETTER CLARITY, WHAT YOU SEE IS EVEN HANDWRITTEN ON THIS PLAT MAP. BOYD DRIVE, MAIN STREET, COACH DRIVE WHERE THE HOMES ARE TODAY. ANNA AND BONHAM. SO THESE ALLEYS ARE NORTH SOUTH ORIENTED THAT USED TO PASS BETWEEN HOMES THAT WERE AT ONE TIME BUILT ON THESE LOTS OVER THE LAST RECENT PAST PROPERTY'S BEEN AGGREGATED AND NOW THE SAME PROPERTY OWNER EXISTS ON BOTH SIDES OF THE ALLEY. AND THAT'S HOW IT CAME TO BE THAT THE OWNER HAS REQUESTED ABANDONMENT OF THAT ALLEY, AS HAS BEEN DONE WITH SEVERAL CASES AROUND THE CITY IN YEARS PAST. WHEN YOU ADD UP THE TOTAL SUM OF AREA REPRESENTED IN YELLOW, IT'S APPROXIMATELY 0.42 ACRES, GIVE OR TAKE. ANY TIME YOU HAVE A TRANSACTION OF REAL ESTATE IN ADDITION TO THE PARTIES INVOLVED, YOU NEED TO HAVE GOOD AND VALUABLE CONSIDERATION. MOST COMMONLY, WHEN WE BUY PROPERTY, A HOUSE OR WHATEVER, THERE'S A PURCHASE PRICE AND THAT SATISFIES THE CONSIDERATION COMPONENT. THE CONSIDERATION DOESN'T ALWAYS HAVE TO BE A TANGIBLE VALUE. IN THIS CASE, THE CONSIDERATION THAT THE CITY OF ALLEN HAS REQUESTED IN RETURN OR EXCHANGE FROM THE REQUESTER IS AN OFFSETTING AMOUNT OF PROPERTY THAT WOULD CREATE A BUFFER FROM FUTURE DEVELOPMENT BETWEEN FUTURE DEVELOPMENT AND THE EXISTING HOMEOWNERS ON THE NORTH REPRESENTED IN GREEN. IT'S ANTICIPATED THAT THE AREA DEPICTED IN GREEN WOULD HAVE A 30 FOOT WIDE FIRE LANE TO SUPPORT ANY DEVELOPMENT THAT WOULD TAKE PLACE ON THE FOUR [00:30:10] BLOCK AREA REPRESENTED HERE. IN ADDITION TO THAT 30 FOOT FIRE LANE, THE CITY IS ASKING FOR IN TRADE AN ADDITIONAL 30 FEET SETBACK THAT REPRESENTS ABOUT 0.54 ACRES, SO ROUGHLY EQUIVALENT TO THE 0.42 THAT THE PROPERTY OWNER WOULD RECEIVE FROM THE CITY OF ALLENBY. ALI ABANDONMENT. IN TOTAL, THIS WOULD REPRESENT A 60 FOOT SETBACK FROM THE BOUNDARY LINE BETWEEN THE EXISTING HOMEOWNERS AND ANY FUTURE DEVELOPMENT. IN ADDITION TO THIS TRADE IN REAL ESTATE, THE 30 FOOT DEEP SETBACK TO MAKE 60 TOTAL WOULD ALSO BE THE CONSUMMATION OF A RELEASE AGREEMENT BETWEEN THE CITY AND THE REQUESTER, RELEASING THE CITY OF ALLEN FROM ANY FUTURE RISK OF LITIGATION ARISING FROM ANY PERCEIVED CLAIMS OR OTHERWISE FROM THE PAST ZONING CASE. CAN I ASK A QUESTION? WHY IS THERE AN [INAUDIBLE] REQUEST FOR ABANDONMENT ON THAT SOUTHEASTERN PROPERTY? IT MAY BE HARD TO SEE IN THIS ILLUSTRATION MAY BE A LITTLE CLEARER. YOU CAN SEE THE PROPERTY LINES DON'T HAVE THAT ALLEY EXTENSION THROUGH FOR WHATEVER REASON. FANTASTIC. THANK YOU. YEAH, GOOD QUESTION. SO IN SUMMARY, I WANTED TO JUST TRY TO OVERLAY THIS A LITTLE BIT CLEARER THAN THE OVERLAY MAPS PRIOR. SO THE AREA IN YELLOW IS BEING TRADED FOR AN ADDITIONAL 30 FOOT SETBACK REPRESENTED BY A PORTION OF THE AREA IN GREEN, AND I WANTED TO BE CLEAR THAT IN THE PAST, ALTHOUGH UNIT DENSITY OF ANY FUTURE MULTIFAMILY USES HAS BEEN A POINT OF CONTENTION, NOTHING ABOUT THIS ACTION TODAY INFLUENCES THE CODE ALLOWED 32 UNITS PER ACRE DENSITY THAT'S ALREADY PUBLISHED IN THE CODE. SO THAT DOESN'T HAVE ANY IMPACT ON THIS TRANSACTION WHATSOEVER OR IS NOT IMPACTED BY THIS TRANSACTION. SO IN SUMMARY, STAFF DOES RECOMMEND THAT THE ALLEN CITY COUNCIL PASS AN ORDINANCE THAT OUTLINES ALL THOSE CONDITIONS I JUST WENT THROUGH IN TERMS OF RELEASING THE RIGHT OF WAY IN EXCHANGE FOR OR ABANDONING THE RIGHT OF WAY IN EXCHANGE FOR CONSUMMATION OF A RELEASE AGREEMENT BETWEEN THE CITY OF ALLEN AND THE REQUESTER, AS WELL AS IMPLEMENTATION OF AN ADDITIONAL 30 FOOT SETBACK ALONG THE NORTH SIDE OF ANY FUTURE DEVELOPMENT ADJACENT TO ANY EXISTING HOMES. AND THAT CONCLUDES MY PRESENTATION. IF THERE ARE ANY QUESTIONS. ONE QUESTION. I BELIEVE THIS WAS ADDRESSED BEFORE THE MEETING BY ME AND AT LEAST ONE OTHER PERSON, BUT I WANT TO DOUBLE CHECK FOR THE PUBLIC. THERE IS ONE HOUSE ON COATS 401 THAT HAS A REAR FACING DRIVEWAY. RIGHT HERE WHERE COATS MEETS, I BELIEVE IT'S ANNA DRIVE. CORRECT. NOW THEY WILL, STILL, WITH THIS EASEMENT AND THE FIRE LANE, 401 COATS WILL STILL HAVE ACCESS TO THEIR REAR FACING DRIVEWAY AND BE ABLE TO PARK THERE WITH THIS, CORRECT? CORRECT, IN THE IMMEDIATE FUTURE. THAT ACCESS WILL NOT BE PROHIBITED. IN THE LONG TERM, WHEN THE PROPERTY DEVELOPS, THERE'LL BE A FIRE LANE THAT WOULD REPLACE THAT EXISTING ALLEY. IT WILL BE A WIDER PAVEMENT, BUT THE ACCESS WILL STILL BE [INAUDIBLE]. IT'S MY UNDERSTANDING IN CONVERSATION BETWEEN THE DEVELOPER AND STAFF THAT ACCESS WILL BE UNFETTERED EVEN WITH THE FUTURE DEVELOPMENT THAT WILL ENSUE. SO THE ONLY TIME THERE WILL BE AN ISSUE IS DURING THE SHORT REDEVELOPMENT OF THAT. YEAH, RECONSTRUCTION. THERE'LL BE IMPACTS THAT ARE UNAVOIDABLE AS A RESULT OF THE PHYSICAL PRESENCE OF CONSTRUCTION. BUT IN THE FULLNESS OF TIME, WHEN THE DEVELOPMENT IS COMPLETED, THE ACCESS WILL BE THE SAME. IT'LL JUST BE A WIDER PAVEMENT SECTION THROUGH THERE THAT WILL BE A FIRE LANE INSTEAD OF AN ALLEY, AND IT WILL BE MAINTAINED BY THE PRIVATE PROPERTY OWNER AND NOT THE CITY. WILL THERE BE ANY ATTEMPTS TO RESTRICT ACCESS? NOT TO MY KNOWLEDGE. THANK YOU. ANY OTHER QUESTIONS OR COMMENTS FOR CHRIS? IF NOT, I DO HAVE SOME COMMENTS JUST TO GENERALLY SUMMARIZE WHAT WE'RE DOING HERE THIS EVENING, BECAUSE I KNOW THAT THE PUBLIC PROBABLY IS CURIOUS WHAT'S GOING ON, AND CHRIS, I THINK YOU WERE VERY ELOQUENT IN PRESENTING THE MATTER, AND I THINK IT REALLY ANSWERED A LOT OF QUESTIONS, BUT I DID WANT TO JUST KIND OF TOUCH BASE ON THE ITEMS JUST TO MAKE IT A LITTLE CLEARER, IF AT ALL POSSIBLE. SO SO WHY ARE WE HERE TONIGHT AND WHY ARE WE CONSIDERING ABANDONING THE CITY RIGHT OF WAY? FIRST OF ALL, THE PROPONENT SUBMITTED A REQUEST TO HAVE IT ABANDONED. [00:35:02] SO SO WE NEED TO CONSIDER IT, AND SECONDLY, THE CITY KNOWS THAT IT'S RIGHT OF WAY THAT WE HAD HAVE ALWAYS PLANNED TO ABANDON AND GIVE AWAY, ESSENTIALLY FOR FUTURE DEVELOPMENT, AND THEN THIRD, THE PROPONENT WISHES TO PROCEED WITH DEVELOPMENT OF THEIR PROPERTY, WHICH THEY HAVE THE RIGHT TO DO AS A PROPERTY OWNER, AND THEY PROPOSE TO PROCEED WITH THAT DEVELOPMENT IN ACCORDANCE WITH ALL OF OUR CURRENT LAND DEVELOPMENT CODE AND ZONING ORDINANCE REQUIREMENTS WITHOUT VARIANCE. SO THEY HAVE THE RIGHT TO DEVELOP RESIDENTIAL USE THERE WITHIN THE LIMITS OF THE ZONING ORDINANCE, WHICH IS WHAT THEY PROPOSE IN SUCH A PROPOSAL, IF THEY DO THAT WITHOUT VARIANCE, DOES NOT NEED TO COME TO PLANNING AND ZONING OR TO THE CITY COUNCIL FOR ANY FURTHER ACTION ON OUR PART. CURRENTLY, THE ORDINANCE OUR ORDINANCES ALLOW FOR THE MAXIMUM DENSITY THAT CHRIS POINTED OUT OF 32 UNITS PER ACRE. THAT'S WHAT THE PROPONENT CAN DO NOW WITHOUT VARIANCE, WITHOUT COMING TO PLANNING AND ZONING OR CITY COUNCIL, AND THOSE STRUCTURES CANNOT BE BUILT TALLER THAN FOUR STORIES. ALSO, IF RESIDENTIAL DEVELOPMENT WERE BUILT TODAY, THEY COULD BUILD THE RESIDENTIAL PIECES AS FAR NORTH TO THAT BOUNDARY AS THEY COULD. WITH OUR ORDINANCE, I THINK THE SETBACK IS VERY MINIMAL, IF I RECALL CORRECTLY. IS IT LIKE THOSE THOSE PARTICULAR MULTIFAMILY STRUCTURES CAN ALMOST BE BUILT WITHIN TEN FEET OF THE RIGHT OF WAY? IS THAT CORRECT? SO I'M GOING TO GO OUT ON A LIMB HERE AND RECALL FROM MEMORY THAT SETBACKS IN THE CENTRAL BUSINESS DISTRICT ARE ZERO. SO IT'S VERY TIGHT. IT MAY VERY WELL BE ZERO. IN PUBLISHING, THE CODE IS ZERO, BUT PRACTICALITY IS ANOTHER MATTER. THAT FIRE LANE IS A MATTER OF NECESSITY IN ORDER TO SERVE THAT DEVELOPMENT WITH EMERGENCY SERVICES IN THE FUTURE. SO YOU ESSENTIALLY END UP WITH A DE FACTO SETBACK OF 30 FEET. AND I SEE MARK NODDING HIS HEAD IN THE BACK, SUPPORTING ME ON THAT ASSERTION. THANK YOU. OKAY, THANK YOU. SO MY POINT THERE IS, IS THAT IN ACCORDANCE WITH OUR CURRENT REGULATIONS, THEY CAN BUILD UP PRETTY MUCH TO THE PROPERTY LINE IN THAT REGARDS. SO AS A REMINDER, THE PROPONENT PREVIOUSLY CAME TO THE PLANNING AND ZONING COUNCIL AND THEY SOUGHT TO DEVELOP URBAN RESIDENTIAL TO THE TUNE OF ABOUT 850 UNITS, WITH SOME STRUCTURES ACTUALLY EXCEEDING FOUR STORIES HIGH ON THE SAME LAND THAT WE'RE TALKING ABOUT TODAY OR TONIGHT. TO SUMMARIZE, WHAT THIS ORDINANCE DOES IS IT PROVIDES VERY SPECIFIC BENEFITS AND SAFEGUARDS TO THE CITY OF ALLEN, WHICH INCLUDES THE FOLLOWING ITEMS. FIRST OF ALL, IT REDUCES THE OVERALL DENSITY PROPOSED TO BE CONSTRUCTED ON THIS PROPERTY TO NO MORE THAN APPROXIMATELY 46% OF WHAT THE PRIOR PROPOSAL WAS, WHICH AGAIN WAS 850 UNITS. SO WHAT THEY PROPOSE IS ACTUALLY HALF OF THAT OR LESS THAN HALF OF THAT, WHICH CURRENTLY COULD NOT EXCEED 392 UNITS, AND THAT NUMBER IS YET TO BE DETERMINED, DEPENDING ON SURVEYS AND SOME OTHER THINGS RELATED TO THAT, AND THEY CANNOT EXCEED FOUR STORIES IN HEIGHT IN WHAT THEY ARE PROPOSING FOR FUTURE DEVELOPMENT IN ACCORDANCE WITH CURRENT REGULATIONS. THE REAL POSITIVE THING ABOUT THIS IS THAT WE ARE ABLE TO OBTAIN THAT 60 FOOT EASEMENT THAT CHRIS DID TALK ABOUT, WHICH IS THE 30 FOOT FIRE LINE, PLUS 30 FOOT LANDSCAPE AND MAINTENANCE EASEMENT AND FROM THIS POINT FORWARD, CITY STAFF WILL CLOSELY REVIEW AND ENSURE THAT THE PROPONENT FOLLOWS ALL EXISTING ORDINANCES AND RULES RELATED TO DEVELOPMENT OF THIS PROPERTY, AND TO ME, THE LAST ITEM AND THE MOST IMPORTANT ITEM TO CONSIDER OUT OF ALL OF THIS IS, IS THAT THE PROPONENT IS AGREED TO PRESENT A RELEASE TO THE CITY OF ALLEN FROM LITIGATION RELATED TO PRIOR PROPOSED DEVELOPMENT OF THIS PROPERTY. SO IN SHORT, WHAT I'M REALLY TRYING TO SAY IS, IS I THINK THIS IS AS GOOD AS IT CAN GET IN REGARDS TO THE OUTCOMES OF WHAT'S BEING PROPOSED. SO WITH THAT, I WILL GO AHEAD AND CLOSE MY COMMENTS AND ASK IF THERE ARE ANY OTHER QUESTIONS OR COMMENTS FROM ANY OF THE OTHER COUNCIL MEMBERS. MAYOR I'M GOING TO MAKE A COUPLE OF COMMENTS. I CAME HERE TONIGHT ACTUALLY INITIALLY WITH THREE PARAGRAPHS OF A COMMENT THAT I WAS GOING TO MAKE, BUT I DON'T THINK THAT'S AT THE END OF THE DAY, I DON'T THINK THAT'S GOING TO SOLVE ANYTHING. WHAT I AM GOING TO SAY IS THAT I DON'T BELIEVE THERE IS A RIGHT ANSWER HERE. I HAVE CONCERNS. I HAVE CONCERNS NO MATTER HOW THIS WORKS OUT, AND, YOU KNOW, ON ONE HAND, WE HAVE TO RECOGNIZE THAT WE HAVE CITIZENS WHO ARE ADAMANTLY [00:40:03] OPPOSED TO ANYTHING THAT HAS TO DO WITH THIS PARTICULAR PROJECT, BUT AS YOU'VE POINTED OUT, WE ALSO HAVE A PROPERTY OWNER THAT HAS RIGHTS. I DON'T MIND SAYING THIS IS PROBABLY THE MOST DIFFICULT VOTE I'VE HAD TO HAVE SINCE BEING ON THIS DAIS SIMPLY BECAUSE THERE ARE NO IDEOLOGICAL LINES TO DRAW HERE. THIS IS STRICTLY BETWEEN THE RIGHTS OF TWO DIFFERENT GROUPS OF PROPERTY OWNERS, IF YOU WILL, ONE THAT WANTS TO DEVELOP SOMETHING, ONE THAT WHILE THEY DON'T HAVE A PROBLEM WITH DEVELOPMENT, THEY DON'T WANT IT DIRECTLY IN THEIR BACKYARD, AND THAT NEEDS TO BE ACKNOWLEDGED. I HOPE THAT WHATEVER THE FINAL PRODUCT IS, AS MUCH CONSIDERATION OF THEIR NEIGHBORS AS HUMANLY POSSIBLE IS TAKEN. WITH THAT, I'LL END MY COMMENTS FOR THIS ONE. ANYONE ELSE? I AGREE. THIS IS, WOW, ON ONE END YOU GET THE PROPERTY RIGHTS OF THE PROPERTY OWNER, BUT YOU ALSO GOT THE PROPERTY RIGHTS OF THE PEOPLE THAT IS BEHIND THERE, AND WHEN THEY BOUGHT THEIR HOUSE, WHAT WAS BEHIND THEM WAS THEIR HOUSES, AND FOR WHATEVER REASON, SOMEONE WENT THROUGH AND BOUGHT ALL THESE UP AND NOW THEY WANT TO PUT APARTMENTS IN PEOPLE'S BACKYARDS. I THINK IT'S ABSOLUTELY HORRIBLE. I THINK IT'S TERRIBLE, BUT I THINK THAT WITH THEIR AGREEMENT, YOU KNOW, WE CAN CAP THEM AT FOUR STORIES. THE DENSITY HAS BEEN REDUCED BY MORE THAN HALF THE 60 FOOT EASEMENT AS COMPARED TO ONLY A 30 FOOT. THIS IS PROBABLY THE BEST WE'RE GOING TO GET, AND WE BASICALLY WAS DEALT A BAD HAND ON THIS AND WE PLAYED IT TO THE BEST OF OUR ABILITY. I THINK I'LL JUST STOP THERE. ANY OTHER COMMENTS? IF NOT, I WOULD ASK FOR AN ORDINANCE NUMBER. ORDINANCE NUMBER 3935-8-22. NOW ENTERTAIN A MOTION AND A SECOND ON THIS ITEM. MR. MAYOR, I MAKE A MOTION TO ADOPT AGENDA ITEM NUMBER 6.5 READ BY MS. GEORGE. I HAVE A MOTION AND A SECOND. DOES EVERYONE UNDERSTAND WHAT THEY'RE VOTING ON? IF SO, PLEASE CAST YOUR BALLOT. THIS ITEM PASSES UNANIMOUSLY. THANK YOU ALL VERY MUCH. COUNCIL. I KNOW THAT WAS A VERY DIFFICULT DECISION. [7.1 Calendar.] NEXT ON OUR AGENDA IS ITEM 7.1, WHICH IS THE CALENDAR. OBVIOUSLY, WE HAVE OUR BIG ITEM COMING UP THIS MONTH, AUGUST 19TH TO 20TH, THE CITY COUNCIL BUDGET WORKSHOP AT THE MARRIOTT DALLAS ALLEN HOTEL AND CONVENTION CENTER. ARE THERE ANY OTHER CALENDAR ITEMS OF IMPORTANCE? MAYOR, I DON'T KNOW IF THIS WOULD BE A CALENDAR ITEM OR AN ITEM OF INTEREST, BUT I WOULD LIKE TO TAKE THE OPPORTUNITY TO WISH MY DAUGHTER LORELEI A HAPPY BIRTHDAY. OKAY, THANKS. HAPPY BIRTHDAY. HAPPY BIRTHDAY. ALL RIGHT, MOVING ON TO ITEMS OF INTEREST, I WOULD LIKE TO ANNOUNCE ANOTHER BIRTHDAY. [7.2 Items of Interest.] WE HAVE CARL CLEMENCICH COUNCIL MEMBER. HIS BIRTHDAY IS TODAY AS WELL. CONGRATULATIONS. [APPLAUSE] MAYOR, I GOT A SENSE THAT JUST SOMEWHERE I FEEL MY WIFE AT HOME WATCHING THIS, AND SO I JUST WANT TO ACKNOWLEDGE HOW BLESSED I AM TO HAVE BEEN MARRIED FOR 42 YEARS TODAY. AND SHE'S A REMARKABLE WOMAN, AND AGAIN, AS I SAID, I'M BLESSED. YOU'RE BLESSED. YOU ARE. [APPLAUSE] YOU'RE A VERY LUCKY MAN INDEED. I JUST WANT TO POINT OUT REAL QUICK. NEXT THURSDAY WILL BE MY WIFE'S BIRTHDAY. SHE'LL BE 29 AGAIN AS AMAZING. 29 AGAIN SO SOON. SHE'S GETTING YOUNGER. [CHUCKLING] I'M GETTING OLDER, BUT SO HAPPY BIRTHDAY TO MY WIFE, LORI. OKAY, THANK YOU. THANK YOU. ANY OTHER ITEMS OF INTEREST? MAYOR, I WOULD LIKE TO BRING UP AN ITEM OF INTEREST. SO, AS EVERYBODY KNOWS, WE'RE WALKING INTO BACK TO SCHOOL TIME, AND THERE'S THIS ORGANIZATION HERE IN ALLEN THAT IS FULL OF WONDERFUL PEOPLE, PEOPLE THAT LOVE THE CITY [00:45:09] AND JUST LOVE ALMOST EVERYBODY IN THIS CITY, AND THEY HAVE SHOWN THAT RECENTLY BY PUTTING TOGETHER FOUR FULL CARLOADS OF SCHOOL SUPPLIES TO ACO FOR DISADVANTAGED KIDS, AND THAT PARTICULAR GROUP IS WE THE PEOPLE ALLEN, ALSO KNOWN AS WTPA. ALL RIGHT, THANK YOU. APPRECIATE THEM DOING THAT. ANY OTHER ITEMS? [INAUDIBLE] NO ACTION. ANY OTHER ITEMS OF INTEREST. ALL RIGHT, SO BEFORE WE ADJOURN, I WOULD NOTE THAT THERE WERE NO ACTIONS TO BE TAKEN OUT OF EXECUTIVE SESSION. ON ON ITEM 8.2. GOOD. ALL RIGHT, THANK YOU. WITH THAT, THEN WE ARE GOING TO GO AHEAD AND ADJOURN THE ALLEN CITY COUNCIL MEETING. * This transcript was compiled from uncorrected Closed Captioning.