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HomeMy WebLinkAboutMin - City Council - 1986 - 07/03 - RegularCITY OF ALLEN ANNEXATION PUBLIC HEARING JULY 3, 1986 31.377 Acres Present• City Staff• Jon McCarty, City Manager Marty Hendrix, City Secretary In accordance with Article 970(a), V.A.T.C.S., the public hearing was called to order by City Manager Jon McCarty at 1:00 p.m. on Thursday, July 3, 1986, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. City Manager McCarty advised that the 31.377 acres of land out of the Francis Dosser Survey, Abstract No. 280, and the George Phillips Survey, Abstract No. 219, Collin County, Texas, has been requested to be annexed into the Allen city limits by the property owner, George Bush. Mr. McCarty pointed out the location of the property, being west of U.S. 75, north of Stacy Road, and south of Ridgeview Drive. Mr. McCarty advised that the prepared service plan for the 31.337 acres was available for public review. City Manager McCarty opened the public hearing. No one appeared to speak either for or against this annexation request. Mr. McCarty closed the public hearing. The public hearing was adjourned at 1:12 p.m. These minutes reviewed and approved on this the 3rd day of July, 1986 on M Carty, MANA ^R Marty Hendrix, TY SECRETARY 18a ALLEN CITY COUNCIL REGULAR SESSION JULY 3, 1986 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson Rex Womack Jim Pendleton Jack Pennington Absent: Jim Wolfe City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:35 p.m. on Thursday, July 3, 1986, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) At the request of City Manager Jon McCarty, Consent Agenda Item II -I was removed for individual consideration. MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Pennington, the Council voted 6 - 0 to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of June 19, 1986 - Regular Session. B. Approval of City Council Minutes of June 25, 1986 - Called - Special Session. C. Authorization to city staff to pay bills associated with the 1979 Capital Improvement Program as follows: World of Green, Inc. $ 2,000.00 Tree Relocation of two red oak trees and three crape myrtle trees from Central Fire Station to Fire Station No. 2 - for construction of parking lot at Central Station D. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: Tt3 ALLEN CITY COUNCIL JULY 3, 1986 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 1. The SWA Group $ 146.32 Construction of Street- scape on Main Street - Phase I - Reimbursable Expenses - Period: May 1, 1986 thru May 31, 1986 2. The SWA Group $ 822.69 Construction of Street- scape on Main Street - Phase I - Professional Services Rendered May 1, 1986 thru May 31, 1986 3. William H. Hildell Architects $ 6,496.63 Architectural Services - on Master Plan for Municipal Facilities - Period: June, 1986 and Reimbursable Expenses 4. Southwestern Laboratories $ 1,289.20 Construction of Main Street - Phase I - Tests and Trip Charges for Main Street 5. Price Barricade and Signal $ 39.64 Company, Inc. Construction of Main Street4400, - Phase I - Traffic Sign for Main Street 6. Gohmann of Texas $ 246.05 Construction of Main Street - Asphalt for Main Street Detour Repair 7. Gohmann of Texas $ 468.36 1986 Asphalt Overlay Program - Hot Asphalt Mix 8. Angel Concrete Co., Inc. $81,010.26 Construction of Main Street - Phase I - Estimate No. 8 - Period: June, 1986 9. Boney Construction $87,010.02 Construction of Ford Park Swimming Pool - Paving of Ford Park Swimming Pool Parking Lot and Roadway E. Resolution No. 705-7-86(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing Execution of an Agreement Between the City and Southern Pacific Railroad Company Regarding the Construction of a Water Line Crossing Railroad Company Right -of -Way Within the City of Allen. !8q ALLEN CITY COUNCIL JULY 3, 1986 CONSENT AGENDA (cont'd) Page 3 (Agenda Item II) Resolution No. 706-7-86(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing Execution of an Agreement With the County of Collin Concerning Certain Reimburse- ments for Construction Costs on Jupiter Road Within the City of Allen. Initiate Proceedings on a Request to Annex 10.6461 Acres of Land Located North of F.M. 2170 and West of Rock Ridge Road. Let the record reflect the proposed ordinance caption: "An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approx- imately 10.6461 Acres Located in the Witsaul- Fisher Survey, Abstract No. 323, Collin County, Texas, and Extending the Boundary Limits of the City so as to Include Said Hereinafter - Described Property Within the City Limits and Granting to all Inhabitants and Owners of Said Property all of the Rights and Privileges of Other Citizens and Binding all Inhabitants By All the Ordinances, Acts, Resolutions and Regulations of Said City; Providing a Sever- ability Clause; and Providing for the Effective Date of Said Ordinance. H. Set August 7, 1986 as the Public Hearing Date on a Request to Zone 423.38 Acres of Land to Flood Plain - Planned Development (FP -PD) Located West of U.S. 75 and South of State Highway 121, as requested by Folsom/Whisenant. J. Review Sign Control Board Action from Meeting Held on June 10, 1986 on a Variance Request by Winn Dixie. The motion carried. End of Consent Agenda Set August 7, 1986 as the Public Hearing Date on a Request to Amend Planned Development No. 3 to Allow "Truck Parking Lot" as an Allowable Use and Consider Site Plan Approval on Property Located North of Bethany Road, West of State Highway 5 and East of the Southern Pacific (Consent Agenda Railroad Tracts. Item II -I) City Manager Jon McCarty advised the Council that a letter had been submitted by Don C. Hodges, Vice President of Construction for Paragon Group, requesting to withdraw this request for site plan approval. Mr. Hodges stated the reason for withdrawal was due to the excessive require- ments which make it cost prohibitive to pursue any further. The Council had been provided with copies of Mr. Hodges' letter. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 6 - 0 to allow the requestor to withdraw this request for site plan approval and amendment to Planned Development No. 3. The motion carried. RIRM ALLEN CITY COUNCIL JULY 3. 1986 Page 4 Oaths -of -Office to Newly Appointed and Reappointed Members to the Planning and Zoning Commission and the Library Board (Agenda Item III -A) City Secretary Marty Hendrix administered the oaths - of -office to the following newly appointed and reappointed members of the Planning and Zoning Commission, Library Board and Board of Adjustment as follows: Planning & Zoning Commission Place No. 3 - Carolyn Latimer Place No. 5 - Bobby Glass Library Board Place No. 2 - Mel Hays Board of Adjustment Alternate No. 1 - Dan Contreras Plaque -of -Appreciation to Outgoing Member of the Library Board (Agenda Item III -B) Mayor Rodenbaugh presented a plaque of appreciation to Nell Box for her service to the city's Library Board from 1979 until June, 1986, Place No. 2. Public Hearing: Request to Annex 31.377 Acres of Land Location: West of U.S. 75, North of Stacy road and South of Ridge - view Drive. Requestor: George Bush, Property Owner (Agenda Item IV -A) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request to Annex 31.377 Acres of Land Located West of U.S. 75, North of Stacy Road and South of Ridgeview Drive." Mike Hoffman, with J. T. Dunkin & Associates and repre- senting the property owner, spoke before the Council on behalf of this request for annexation. City Manager Jon McCarty advised the Council that a public hearing had been held at 1:00 p.m. in the Council Chambers on Thursday, July 3, 1986. Mr. McCarty stated that minutes of those proceedings had been prepared and were provided to the Council for their review. He also advised that the service plan for the property had been prepared and was available for public review. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this annexation request. Mayor Rodenbaugh closed the public hearing. Mayor Rodenbaugh advised that there would be no action taken on this annexation request at this time. He stated that the annexation ordinance would be considered by the Allen City Council at their regular meeting to be held on August 7, 1986. WA,! ALLEN CITY COUNCIL JULY 3, 1986 Public Hearing: Request to Amend Page 5 Ordinance No. 707-7-86: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 603-4-85 to Include the Attachment of Exhibit "D", Amended Use and Area Regulations, for Develop- ment of Tracts 6A, 6B and 11 on 48.81 Acfes of Land as Delineated on the Official Zoning Map as PD No. 31; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request to Amend Planned Development No. 31 on Tracts 6A, 6B, and 11 to Provide for Amended Use and Area Regulations and Consider an Ordinance Amending Planned Development No. 31 by Attaching Exhibit "D"." Steve Kanoff, Vice President and General Manager of Utal Development Company, presented to and spoke before the Council on the amended use and area regulations for Tracts 6A, 6B, and 11 on 48.81 acres of land out of the G. W. Ford Survey, Abstract No. 326, the Joseph Russell Survey, Abstract No. 775, the J. H. Wilcox Survey, Abstract No. 1017 and the J. H. Wilcox Survey, Abstract No. 1018, and the Joab Butter Survey, Abstract No. 47, Collin County, Texas, more particularly described as being three tracts of land west of Alma Drive and south of F.M. 2170, and north of Hedgecoxe Road. Mr. Kanoff reviewed with the City Council the pro- posed amendments to the use and area regulations for Tracts 6A, 6B and 11. Mayor Rodenbaugh opened the public hearing. Mary McDermott Cook, property owner adjacent to the Utal Tract, spoke before the Council in opposition to the request. John Warwick, Professor of the University of Texas at Dallas, asked questions regarding the density of the tracts and stated his concern for water drainage and run-off. Phillip Williams, son of Mrs. Frances Williams, owner of Montgomery Farms, spoke before the Council in opposition to the request. rRi Planned Development No. 31 on Tracts 6A, 6B, and 11 to Provide for Amended Use and Area Regul- ations Location: West of Alma Drive, South of F.M. 2170, North of Hedgecoxe Road Acreage: 48.81 Acres Requestor: Utal Development Co. (Agenda Item IV -B) and Ordinance No. 707-7-86: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 603-4-85 to Include the Attachment of Exhibit "D", Amended Use and Area Regulations, for Develop- ment of Tracts 6A, 6B and 11 on 48.81 Acfes of Land as Delineated on the Official Zoning Map as PD No. 31; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request to Amend Planned Development No. 31 on Tracts 6A, 6B, and 11 to Provide for Amended Use and Area Regulations and Consider an Ordinance Amending Planned Development No. 31 by Attaching Exhibit "D"." Steve Kanoff, Vice President and General Manager of Utal Development Company, presented to and spoke before the Council on the amended use and area regulations for Tracts 6A, 6B, and 11 on 48.81 acres of land out of the G. W. Ford Survey, Abstract No. 326, the Joseph Russell Survey, Abstract No. 775, the J. H. Wilcox Survey, Abstract No. 1017 and the J. H. Wilcox Survey, Abstract No. 1018, and the Joab Butter Survey, Abstract No. 47, Collin County, Texas, more particularly described as being three tracts of land west of Alma Drive and south of F.M. 2170, and north of Hedgecoxe Road. Mr. Kanoff reviewed with the City Council the pro- posed amendments to the use and area regulations for Tracts 6A, 6B and 11. Mayor Rodenbaugh opened the public hearing. Mary McDermott Cook, property owner adjacent to the Utal Tract, spoke before the Council in opposition to the request. John Warwick, Professor of the University of Texas at Dallas, asked questions regarding the density of the tracts and stated his concern for water drainage and run-off. Phillip Williams, son of Mrs. Frances Williams, owner of Montgomery Farms, spoke before the Council in opposition to the request. rRi 90 ALLEN CITY COUNCIL JULY 3, 1986 Page 6 Public Hearing: Request to Amend Planned Development No. 31 on Tracts 6A, 6B, and 11 to Provide for Amended Use and Area Regul- ations on 98.81 Acres Requestor: Utal Development Co. (Agenda Item IV -B) and Ordinance No. 707-7-86 (cont'd) Bryan Hill, Professor at the University of Texas at Dallas, spoke before the Council about his concerns on this request. Mayor Rodenbaugh advised that Mrs. Frances Williams, owner of Montgomery Farms, had sent a letter to all of the Council Members regarding her opposition to this request and advised that the letter would be part of the offical record. (See Attachment No. 1) With no one else wishing to speak either for or against this request, Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting held on May 22, 1986, recommended to the City Council approval of the request as presented. Bill Petty, Director of Community Development, spoke before the Council on some of the issues raised by Mr. Warwick. There was considerable discussion by the Council with Mr. Kanoff regarding what the exact request was and what the developer hoped to gain from the request to amend the area and use regulations, the amount of open space per townhouse unit, the need for more rear yard area and side yard area on tracts 6A and 6B, the need to increase the lot size in the townhouse district use, further explanation of the measurement of the set -back distances on the cul-de-sac streets and why it was part of the request. Bill Petty, Director of Community Development, spoke before the Council on the measurement of lot sizes on a cul-de-sac street and how the set -back distances are calculated by the city staff. There was further discussion on the need to increase the rear yard to more than 5' and the need to increase the side yards. MOTION: A motion was made by Councilman Pendleton to approve the request as presented and in accordance with the recommendation of the Planning and Zoning Commission, as stated, and to adopt the proposed Ordinance. L This motion failed due to a lack of a second. �,r MOTION: A motion was made by Mayor Pro Tem Farmer and seconded by Councilman Pennington to consider action on Tract 11 separately from Tracts 6A and 6B. The Council voted five (5) in favor of the motion and one opposed, with Councilman Pendleton casting the negative vote. The motion carried. 90 ALLEN CITY COUNCIL JULY 3, 1986 Page 7 Public Hearing: Request to Amend Planned Development No. 31 on Tracts 6A, 6B, and 11 to Provide for Amended Use and Area Regul- ations on 48.81 Acres Requestor: Utal Development Co. (Agenda Item IV -B) and Ordinance No. 707-7-86 (cont'd) MOTION: A motion was made by Mayor Pro Tem Farmer and seconded by Councilman Womack to approve Tract 11 with a 5' rear yard and 10' side yard separation and to eliminate the reference to lot width and lot depth on a cul-de-sac. The Council voted four (4) in favor of the motion and two (2) opposed, with Council Members Womack and Wilson casting the negative votes. The motion carried. MOTION: A motion was made by Mayor Pro Tem Farmer and seconded by Councilman Pennington to approve Tracts 6A & 6B with the following revisions: 1. 10' separation for patio home use 2. Elimination of front yard and lot width and lot depth reference on cul-de-sacs for patio home use. 3. Addition of 580' per unit open space requirement on the townhouse units. The Council voted three (3) in favor of the motion and three (3) opposed to the motion, with Council Members Wilson, Womack and Pendleton casting the negative votes. The motion failed due to the tie vote. MOTION: A motion was made by Mayor Pro Tem Farmer and seconded by Councilman Pennington to approve Tracts 6A and 6B with the following revisions: 1. 10' separation for patio home use 2. Elimination of front yard, lot width, and lot depth reference on cul-de-sacs for patio home use. 3. Lot Area for Townhouse Use to be changed to 3,300 square feet. 4. Addition of 580' per unit open space requirement on the townhouse units. AMENDMENT TO MAIN MOTION: A motion was made by Councilman Womack and seconded by Councilman Wilson to amend the main motion to include changing the rear yard for townhouse and patio home to 10'. The Council voted two (2) in favor of the motion and four (4) opposed to the motion, with Mayor Rodenbaugh, Mayor Pro Tem Farmer, and Council Members Pennington and Pendleton casting the negative votes. The motion failed. VOTE ON MAIN MOTION: The Council voted two (2) in favor of the main motion and four (4) opposed to the main motion, with Mayor Rodenbaugh, and Council Members Pennington, Pendleton and Wilson casting the negative votes. The motion failed. /N ALLEN CITY COUNCIL JULY 3, 1986 Page 8 Public Hearing: Request to Amend Planned Development No. 31 on Tracts 6A, 6B, and 11 to Provide for Amended Use and Area Regula- tions on 48.81 Acres Requestor: Utal Development Co. (Agenda Item IV -B) and Ordinance No. 707-7-86 (Cont' MOTION: A motion was made by Mayor Pro Tem Farmer to recess the regular session of the Allen City Council. The motion was seconded by Councilman Pennington and the Council voted 6 - 0 in favor of the motion. The meeting was recessed at 9:10 p.m. Mayor Rodenbaugh reconvened the regular session of the Allen City Council at 9:25 p.m. MOTION: A motion was made by Councilman Womack to approve Tracts 6A and 6B with the following changes: 1. Lot area for townhome use to be 24' x 100' or 2,400 sq. ft. 2. Rear yard area for townhouse use shall be 15' and 15' for patio home use. 3. Maximum density shall not exceed 10.8 units per acre. 4. Additional 580' per unit of open space. The motion was seconded by Councilman Wilson. AMENDMENT TO MAIN MOTION: A motion was made by Councilman Pennington to amend the main motion to include a 10' separation for the patio home use. The motion failed due to the lack of a second to the motion. AMENDMENT TO MAIN MOTION: A motion was made by Mayor Pro Tem Farmer to amend the main motion to eliminate the reference to cul-de-sacs in the front yard, lot width and lot depth for patio home use and to include the 10' separation in the patio home use. The motion was seconded by Councilman Pennington. The Council voted five (5) in favor of the motion and one (1) opposed, with Councilman Pendleton casting the negative vote. The amendment to the main motion carried. VOTE THE MAIN MOTION: The Council voted three (3) in favor of the main motion and three (3) opposed, with Mayor Rodenbaugh, Mayor Pro Tem Farmer and Councilman Pendleton, casting the negative votes. The motion failed due to the tie vote. 110 ALLEN CITY COUNCIL JULY 3, 1986 Page 9 Public Hearing: Request to Amend Planned Development No. 31 on Tracts 6A, 6B, and 11 to Provide for Amended Use and Area Regula- tions on 48.81 Acres Requestor: Utal Development Co. (Agenda Item IV -B) and Ordinance No. 707-7-86 (cont'd) MOTION: A motion was made by Mayor Pro Tem Farmer and seconded by Councilman Pennington to approve Tracts 6A and 6B with the following changes: 1. Lot area for townhome use to be 24' x 100' or 2,400 sq. ft. 2. Maximum density shall not exceed 10.8 units per acre. 3. Additional 580' per unit of open space. 4. Elimination of the reference to cul-de-sacs for front yard, lot width and lot depth in the patio home use. 5. Side yard separation in the patio home use shall be 10'; and to adopt Ordinance No. 707-7-86, as captioned previously. The Council voted four (4) in favor of the motion and two (2) opposed, with Council Members Womack and Pendleton casting the negative votes. The motion carried. Public Hearing: Request for Permanent Zoning of Flood Plain - Planned Development (FP -PD) on 103.5 Acres Location: South of State Highway 121 and North and South of Ridgeview Drive Requestor: James Brown, property owner (Agenda Item IV -C) and Ordinance No. 708-7-86: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81 as Previously Amended, so as to Establish Permanent Zoning To -Wit: "FD -PD" (Flood Plain - Planned Development) No. 37, on the Following -Described Tract of Land: Approximately 103.5339 Acres of Land, More or Less, Out of the F. Dosser Survey, Abstract No. 208, Collin County, Texas; Providing for a Land Use Plan; Pro- viding for Planned Development Standards; Providing for a Penalty of Fine Not to Exceed The Sum of One Thousand Dollars ($1,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. Mayor Rodenbaugh read the request into the record as follows: M ALLEN CITY COUNCIL JULY 3, 1986 Page 10 Public Hearing: Request for Permanent Zoning of Flood Plain - Planned Development (FP -PD) on 103.5 Acres Requestor: James Brown (Agenda Item IV -C) and Ordinance No. 708-7-86 (cont'd) "Public Hearing to Consider a Request for Permanent Zoning of Flood Plain - Planned Development (FP -PD) on 103.5 Acres of Land Located South of State Highway 121 and North and South of Ridgeview, Drive and Consider an Ordinance Establishing Permanent Zoning of Flood Plain - Planned Development No. 37." J. T. Dunkin, land planner representing the property owner, presented to and spoke before the Council on the request for permanent zoning of the 103.5 acres of land out of the F. Dosser Survey, Abstract No. 208, Collin County, Texas. Mr. Dunkin reviewed with the Council, using a zoning district map, the various tracts of land zoned for corridor commercial uses, office uses and industrial technology uses. Mr. Dunkin reviewed the adjacent properties, and pointed out the major thoroughfares in this area as well as the streets proposed for this development. Mr. Dunkin then reviewed the use regulations, advised of the floor area ratios, and of the amount of traffic expected to be generated by this development. rsa Mayor Rodenbaugh opened the public hearing. No one �+ appeared to speak either for or against this zoning request. Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting held on May 22, 1986, recommended to the City Council approval of this zoning request as presented, with recognition that Ridgeview Drive is located by concept only and may not ultimately be built at this location, and that adjacent zoning districts would fluctuate to the center line of the nearest thoroughfare. The Council discussed with Mr. Dunkin the location of the flood plain area and a portion or branch of the creek that runs across the property to the west and why that had not been included in the flood plain area. MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Pendleton, the Council voted 6 - 0 to approve the request for permanent zoning of FP -PD on 103.5 acres of land, in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 708-7-86, as captioned previously. The motion carried. Public Hearing: Request to Repeal Ordinance No. 663- 12-85 to Abandon a Specific Use Permit for an Oil and Lube Facility and Consider a Request to Approve a Site Plan for a Retail Center on .623 Acres of Land Location: Northeast Corner of Jupiter Road and State Highway 5 Zoned: Shopping Center w/ Specific Use Permit (Agenda Item IV -D) rsa ALLEN CITY COUNCIL JULY 3, 1986 Page 11 Public Hearing: Request to Repeal Ordinance No. 663- 12-85 to Abandon a Specific Use Permit Requestor: GAIL Investments (cont'd)(Agenda Item IV -D) and Ordinance No. 709-7-86: An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 663-12-85, and Providing for an Effective Date Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request to Repeal Ordinance No. 663-12-85 to Abandon a Specific Use Permit for an Oil and Lube Facility and Consider a Request to Approve a Site Plan for a Retail Center." Bruce Blakely, representing GABL Investments, presented to and spoke before the Council regarding this request to abandon the specific use permit granted for an oil and lube facility on this property and consider a request for approval of a site plan for a retail center on this .623 acre tract of land located in the Peter Wetsel Survey, Abstract No. 990. Mr. Blakely presented a site plan of the property to the Council that showed the retail buildings on the property, landscaped areas, parking lot area, ingress/egress to the site, and utility easements. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this request. Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting held on May 22, 1986, recommended to the City Council that the existing Specific Use Permit be removed and that the site plan be approved as presented, with the stipulation that it be changed to reflect eight (8) parking spaces designated for delivery personnel only before the hour of 9:00 p.m., if a retail/delivery service is utilized in this location. There was considerable discussion by the City Council with city staff, the requestor and Chairman of the Planning and Zoning Commission on the recommendation of the Planning and Zoning Commission regarding the marking of the parking lot spaces for delivery personnel. Jim Donald, owner of Domino's Pizza, spoke before the Council on the operation of Domino's Pizza and the feature of the home delivery service. MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Wilson, the Council voted 6 - 0 to approve the request to abandon the existing Specific Use Permit and to approve the site plan, in accordance with the Planning and Zoning Commission's recommendation, as stated; and to adopt Ordinance no. 709-7-86, as captioned above. The motion carried. 193 ALLEN CITY COUNCIL JULY 3, 1986 Page 12 Review a Report from the Planning and Zoning Commission on an Update on the Comprehensive Plan and Consider Recommendations (Agenda Item V) Bobby Glass, Chairman of the Planning and Zoning Com- mission, spoke before the Council on the recommendations of the Planning and Zoning Commission on the update of the city's comprehensive plan. The recommendations that came forward from the Planning and Zoning Commission are: 1. The City of Allen, based upon studies by city staff, the North Central Texas Council of Governments, and the Planning and Zoning Commission, should immediately consider funding a study to amend the city's thoroughfare plan to establish a secondary thoroughfare system. 2. The City Council, based upon staff input, Planning and Zoning Commission review, and comprehensive plan recom- mendation, should consider setting joint workshop dates with the Planning and Zoning Commission to amend the Zoning Ordinance to reflect necessary modifications to the text, and establish a series of new zoning districts to reflect needs established by the comprehensive plan. 3. The City Council should individually and collectively review the attached reflections of the first year under our comprehensive plan and consider future workshops with the Planning and Zoning Commission to consider further imple- mentation of our goals. S MOTION: Upon a motion made by Mayor Pro Tem Farmer and `�! seconded by Councilman Womack, the Council voted 6 - 0 to accept the recommendations of the Planning and Zoning Commission as presented. The motion carried. Filing of Contribution and Expenditure Statement by July 15th Deadline (Agenda Item VI -A) City Secretary Marty Hendrix advised the Council of the need for each of them, as office holders, to file a statement of contributions and expenditures with her office by July 15th in order to meet the requirements of state law. This item was received as a matter of information. There was no action taken on this item. Revised TML Legislative Policy Process (Agenda Item VI -B) City Manager Jon McCarty advised the Council that the Texas Municipal League had revised its legislative policy process and that each of the Council Members had been provided with this proposed process along with a list of the committee members of the five new committees that had been formed. This item was received as a matter of information. There was no action taken on this item. 10 ALLEN CITY COUNCIL JULY 3, 1986 Page 13 Items of Interest to the Council (Agenda Item VI -C) City Secretary Marty Hendrix advised the Council of the upcoming 1986 Congress of Cities and Exposition sponsored by the National League of Cities to be held in San Antonio on November 29th - December 3rd. She requested that if anyone was interested in attending they should let her know so that appropriate reservations can be made. City Manager Jon McCarty provided the Council with an updated debt service schedule for the city's outstanding bond indebtedness and briefly reviewed those schedules. Councilman Womack expressed his desire for the City Council to move forward with the recommendation on the updating of the city's Zoning Ordinance as soon as possible. Councilman Wilson also expressed his desire for the City Council to move forward with the work on the development of the city's secondary thoroughfare plan. Mayor Rodenbaugh advised the City Council of a request from Turrentine, Jackson & Morrow regarding their large freeway sign and their request to lease the sign to another business. Mayor Rodenbaugh advised the City Council of the limitations on the use of the freeway sign and that perhaps city staff should look at that portion of the Sign Control Ordinance and some recommendations made to change portions of the requirements. There was further discussion by the City Council on this type of freeway sign and the restrictions placed on the sign by the Sign Control Ordinance. It was concluded .that the city staff would provide some recommendations for changing those requirements and bring them forth to the Sign Control Board for a recommendation to be made to the City Council. Mr. Bill Petty, Director of Community Development, also advised the Council that this would be a good opportunity to bring forth a recommendation for amending the sign fee schedule in order to bring it up-to- date. At this time, Mayor Rodenbaugh adjourned the regular session of the Allen City Council into Executive Session at 10:43 p.m. Convene into Executive Session (Agenda Item VII) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(e) and 2(f), the Allen City Council convened into Executive Session at 10:45 p.m. in the Conference Room of the Allen Municipal Annex in order to discuss matters pertaining to an appeal of the special commission finding in a condemnation case and the Jimmy Wolff litigation. The Executive Session was adjourned at 11:10 p.m. Reconvene into Regular Session (Agenda Item VIII) Mayor Rodenbaugh reconvened the regular session of the Allen City Council at 11:12 p.m. in the Council Chambers of the Allen Municipal Annex. A report was made to the City Council by City Manager Jon McCarty. There was no action taken on the items that were discussed during the executive session. i9S ALLEN CITY COUNCIL JULY 3, 1986 Adjournment Page 14 MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pennington, the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 11:14 p.m. on Thursday, July 3, 1986. The motion carried. These minutes approved on the 17th day of July 1986. Marty Hendrix, C , CITY SECRET 0(b Attachment to Minutes of City Council Meeting on July 3, 1986 Mr. Donald Rodenbaugh Mayor Allen Allen Municipal Building One Butler Circle Allen, Texas 75002 June 30,1986 Dear Mayor Rodenbaugh, Reviewing my very thick file on the Utal Development Co's Sun Creek subdivision, I realize a great deal of time was spent in 1985 and again in 1986. Please ... no changes that will in- crease water run-off. In Collin County I wear three hats, as a member of the Collin County Open Space Board, secondly as president of the Connemara Conservancy and third as general partner of the 400 acre Montgomery Farm in Allen. In each capacity I am concerned about Rowlett Creek and its potential as a scenic and recreational amenity for future generations. If we continue to cause flood levels to rise, further erosion will destroy the root systems of the noble trees that line the creek banks. I am grieving for the trees lost in the June 1986 rains. It is my opinion that this proposed variance of the Utal Company will greatly increase the run-off, raising the flood levels and increasing erosion. I respectfully request that you deny this request. Most sincerely, / Mrs. Bryan Williams