Loading...
HomeMy WebLinkAboutMin - City Council - 1998 - 07/16 - RegularA ALLEN CITY COUNCIL REGULAR MEETING JULY 16, 1998 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Bartlemay Kenneth Falk (absent) Melissa Owen (absent) City Staff: Michael Stanger, Acting City Manager Judy Morrison, City Secretary DINNER AND PRE -MEETING WORKSHOP Call to Order and Announce a Oucirum is Present (Agenda Item I) With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Terrell at 6:35 p.m. on Thursday, July 16, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas Discuss Current Aeenda A. Consent Agenda No discussion was held. B. Statutory Agenda (Agenda Item II) Item F, "Authorize Execution of Contract for City Hall Construction Management Services." Discussion was held regarding the fee that would be paid for Construction Manager Services would otherwise be paid to a general contractor. Representatives of Gallagher Construction Management Services were introduced to the Council They expressed excitement in their involvement in the City Hall project. Council will judge the firm's work based on the budget, time and quality of work. Their fee is approximately half that of a general contractor. Council asked that staff set clear measures to track the progress of the project ALLEN CITY COUNCIL REGULAR MEETING JULY 16, 1998 C. Agenda I .11" ei? Agenda Item X, "Public Hearing to Consider the Recommendation of the Planning and Zoning Commission to Remove the Specific Use Permit (SUP) for Gasoline Sales at the Mr. Quik N2 Addition Located at 750 E. Main Street as Requested by Ronald and Carolyn Holien." Discussion was held regarding the removal of the pumps and tanks and clearing of dirt prior to future development Agenda Item XII, "Public Hearing to Consider Annexation of a 67.80± Acre Tract of Land Located West of FM 1378 and South of Lovejoy ISD as Requested by D R. Cameron & Associates." Discussion was held regarding the amount of land available for annexation. Agenda Item XIII, "Public Hearing to Consider the Recommendation of the Planning and Zoning Commission to Adopt an Ordinance Approving the 1998 Comprehensive Plan " Discussion was held regarding the effect of Policy Governance on the Comprehensive Plan. Information on the Central Business District is not included in the plan. Council questioned whether specific goals should be noted such as density, alternative transportation, etc. More specifics should be included so staff knows Council expectations. There may be a way to deal with this through ends policy issues. If Council sets a calendar by which the issue is dealt with, it would be dealt with efficiently Items of Interest to the Council A. City Hall Design Update (Agenda Item III) Architect Ron Hobbs reviewed the modified City Hall plans. Some modifications include the reduction in the amount of glass and the size of columns to 3x3. The Mayor's Committee will continue to see the documents on a routine basis. B. Preview Future Agendas The Workshop Session was recessed at 7:23 p.m. Executive Session (Agenda Item M In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 7:25 p.m. on Thursday, July 16, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to. • Legal - City of Parker Case The Executive Session was adjourned at 745 p.m. on Thursday, July 16, 1998. ALLEN CITY COUNCIL REGULAR MEETING JULY 16, 1998 PAGE 3 Reconvene and Consider Action on Items Discussed (Agenda Item V) During Executive Session No action was taken on items discussed during Executive Session. REGULAR MEETING - 7:50 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 7:50 p.m. on Thursday, July 16, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Public Recognition (Agenda Item VI) • Request to Appear by Ms. Debbie Cosgrove Concerning Shopping Center Development. - Ms. Cosgrove introduced Bryan Yost, 1302 Lighthouse Lane, Allen, Texas. Mr. Yost spoke to the upholding of quality, integrity and value of his neighborhood. He requested Council require the use of 8' x 8' monument signs and an eight -foot wall between the Kroger property and adjoining neighborhood to provide security and noise reduction. He offered his support for the most stringent sign ordinance possible. A petition was received from Beacon Hill residents to keep the retail signage along McDermott and all other city streets to a minimum and to move forward with the approval of the proposed sign ordinance. Additionally, the petition requested enforcement of the current zoning ordinance which would require an eight - foot stone or masonry wall be placed between the commercial property of the Kroger shopping center at McDermott and Alma and the residential property of Beacon Hill. - Ms. Kathleen McElroy, 813 Buffalo Springs, Allen, Texas, asked that signage for new businesses be resolved before allowing new signs to be erected. She felt pole signs were in conflict with the desired look of the City - Mr. Jun Wilson, 610 Rainforest, Allen, Texas, stated that as a well -traveled commercial photographer, he has seen the difference when a direction for the future of a city such as Allen in the beginning of its development is put into effect. - Ms. Beverly Coghlan, 503 Cutter Lane, Allen, Texas, spoke in favor of monument signage. Mr. Brian Kirkpatrick, 509 Potomac Lane, Allen, Texas, asked for consideration of monument signs. - Sign Board Chair Jeff Nolan explained the Board's consideration on the sign issue. The following information was provided by Staff: - The retaining wall is in the process of being built by Kroger as requested by Beacon Hill residents. It was requested that a group of residents meet with the Acting City Manager and representatives of Kroger and Texaco for discussions on the citizens' desire regarding signs. - Permits for the Texaco and Kroger are in place A monument sign will be located on Alma, but a pole sign is authorized for McDermott. Kroger is waiting for direction from the City before proceeding with signage. A public hearing will be set by Council and the Sign Board is holding a Special Workshop on July 28. The Mayor will also speak with the Kroger and Texaco group regarding the sign issue. I ALLEN CITY COUNCIL REGULAR MEETING JULY 16, 1998 PAGE 4 • Administer Oath -of -Office and Present Certificate -of -Appointment to the Newly Appointed Member of the Planning and Zoning Commission. City Secretary Judy Morrison administered the Oath -of -Office to Kevin M. Kerr. Mayor Terrell presented him with a Certificate -of -Appointment certifying his new position and expressed a welcome and a sincere thanks for serving his community • Citizens' Comments. - Ms. Terri Fletcher, 620 Wheat Ridge Road, Allen, Texas, expressed concern regarding the location of the Cottonwood Creek bridge due to issues of safety, noise, etc. - Ms. Marty Lovelady requested information regarding publication of meetings. - Ms. Esther Buehler spoke on the update of the sign ordinance. - Mr. Mark Stock, 1212 Wills Point, Allen, Texas, expressed concerns regarding Green Elementary not being able to handle additional students and the delayed completion of Green Park - A resident expressed concern regarding the microphones and opportunity for hearing devices for the hard of hearing. - Another resident stated that merchants cater to residents' desires and therefore, if the merchants are aware of the citizen's concerns, they will act accordingly Ms. Kay Johnson, 200 Fairfax, Allen, Texas, expressed her support for changes in the sign ordinance to monument signs. - Ms Mindy Patterson requested better signage along Alma and McDermott. (Agenda Item VII) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Bartlemay, the Council voted five (5) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approve Minutes of the July 2, 1998, Regular Meeting. B. Receive Capital Improvements Program Stains Report. The motion carried. Statutory Aeenda (Agenda Item VIII) MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Bartlemay, the Council voted five (5) for and none (0) opposed to approve and adopt all items on the Statutory Agenda as recommended and as follows: �.j A. Set Annual Budget for Hotel Occupancy Tax Revenue and Award Grants to Qualifying `' Projects. ALLEN CITY COUNCIL REGULAR MEETING JULY 16, 1998 PAGE Council approved the Allen Hotel Occupancy Tax Grants and the proposed annual budget of $20,000 for Fiscal Year 1997-98. Grants were awarded to the Allen Chamber of Commerce for $5,000, Allen Heritage Guild for $2,500, Connemara Conservancy for $2,500, Nonprofit Architecture for $2,000, and Philharmonic Symphony for $8,000. B. Adopt an Ordinance Confirming Action of City Council on July 2, 1998, for a Specific Use Permit (SUP) for a Service Station Located at the Southeast Comer of Main Street and South Allen Heights Drive Ordinance No. 1613-7-98: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425.5-96, as Previously Amended, and Ordinance No. 367-10.81, Planned Development -Local Retail No. 2 (PD -LR No. 2), by Approving Specific Use Permit No. 59 and Site Plan for Gasoline Sales on the Following - Described Tract of Land: 1.3774 Acres of Land in the J. A. Taylor Survey, Abstract No. 908, City Of Allen, Collin County, Texas; Providing For Exhibit "E" Site Plan; Providing For A Penalty Of Fine Not To Exceed The Stmr Of Two Thousand Dollars ($2,000.00) For Each Offense; Providing For A Severability Clause; And Providing For The Effective Date Of Said Ordinance. C. Adopt an Ordinance Confirming Action of City Council on July 2, 1998, to Amend Regulations of the CC -PC District Regulations of Planned Development No. 54 for 47 4076 Acres of Land Located at the Northeast Comer of McDermott Drive and Watters Road. Ordinance No. 1614-7-98: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, and Amending Tract 4 of Planned Development -Corridor Commercial -Private Club No. 54 (PD -CC -PC No. 54) under Ordinance No. 1172-5-93 by Reducing the Front -Yard Setback along Watters Road from 100 Feet to 50 Feet and Amending the Schedule of Uses to Allow a Cleaning Plant -Laundry on the Following -Described Tract of Land: 47.4076 Acres of Land in the Catherine Parsons Survey, Abstract No. 711, the A. B. Perrin Survey, Abstract No. 713, and the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. D Adopt an Ordinance Confirming Action of City Council on July 2, 1998, to Rezone 10.02± Acres of land Located at the Northeast Comer of Bethany Drive and US 75. Ordinance No. 1615-7-98: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425.5-96, as Previously Amended, by Changing the Zoning from Light Industrial -Conditional (LI -C) to Planned Development. Corridor Commercial No. 68 (PD -CC No. 68) on the Following -Described Tract of Land: j 10.02 Acres of Land Located in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas; Providing for Exhibit "A" Land Use Plan; Providing for 11 ALLEN CITY COUNCIL REGULAR MEETING JULY 16, 1998 PAGE 6 Exhibit 'B" Area and Use Regulatioac; Providing for Exhibit "C" Legal Description; Providing for Exhibit "D" Concept Plan; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,1100.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordiumm. E. Authorize Execution of Contract for Civic Plaza Design Services. Council authorized the Acting City Manager to execute a contract for design services for the City Hall Complex with Brad Goldberg in the amount of $22,000 including reimbursables. Authorize Execution of Contract for City Hall Construction Management Services. Council authorized the Acting City Manager to execute a contract for construction manager services for the construction of City Hall with Gallagher Construction Management Services in the amount of $460,000. G. Authorize Request for Proposals (RFP) for Library Expansion Architectural Services. The motion carried. TABLED ITEM: Public Hearing to Consider the Recommendation of the Planning and Zoning Commission to Amend Floodplain -Planed Development No. 58 on Approximately 148+ Acres of Land Located North of Exchange Parkway, West of SH 5 and East of the Southern Parc Railroad as Requested by LLG Lands, Inc. This item was not removed from the table. Public Hearing to Consider the Recommendation of the Planning and Zoning Commission to Remove the Spec Use Permit (SUP) for Gasoline Sales at the Mr. Quik #2 Addition Located at 750 E. Main Street as Requested by Ronald and Carolyn Holien (Agenda Item IIt) (Agenda Item x) Community Development Director Bill Petty informed the Council the gas pumps have been recently removed from the property and the property owner desires to sell the property for a retail use that does not involve gasoline sales. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. With no one speaking either for or against the request, Mayor Terrell closed the public hearing. ALLEN CITY COUNCIL ] REGULAR MEETING 9 JULY 16, 1998 PAGE 7 MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Bartlemay, the Council voted five (5) for and none (0) opposed to approve the recommendation of the Planning and Zoning Commission to remove the Specific Use Permit at the Mr. Quik q2 Addition The motion carried Public Hearing to Consider the Recommendation of (Agenda Item XI) the Planning and Zoning Commission for a Specific Use Permit (SUP) for Motorcycle Sales and Service Located West of US 75 and North of Proposed Allen Central Drive as Requested by Douglas Locke Community Development Director Bill Petty reviewed the background of this property Building setbacks, a 25 -foot landscape buffer, and the stipulations that the fire lane providing two connections to US 75 be completed in the first phase of construction and to limit outdoor display of motorcycles to the area under the porch canopy during the business hours of 10 a.m. - 6 p.m. are to be included in this request. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Ms. Sue Boyette wished to know how many motorcycles will be on display A resident from Watters Crossing expressed concerns regarding traffic on Bel Air. With no one else speaking either for or against the request, Mayor Terrell closed the public hearing. Discussion was held regarding access to US 75. When platted, access will be included to the south property To reduce noise pollution, engine runs will be completed inside the building. MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Bartlemay, the Council voted five (5) for and none (0) opposed to approve the recommendation of the Planning and Zoning Commission with the addition that a cross access easement be provided to the south property and limitation of outdoor display of motorcycles to the area under the porch canopy during the business hours of 10 a.m. - 6 p.m. The motion carried. Public Hearing to Consider Annexation of a 67.80± (Agenda Item XII) Acre Tract of Land Located West of FM 1378 and South of Lovejoy ISD as Requested by D. R. Cameron & Associates Community Development Director Bill Petty informed the Council an annexation request was received from D R. Cameron & Associates on June 25, 1998. The property in question is in the Allen Exterritorial Jurisdiction and can be legally annexed by the City of Allen. The first public hearing had been held at 1:00 p.m. on July 16 by staff. ALLEN CITY COUNCIL REGULAR MEETING JULY 16, 1998 PAGE 8 Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. The proponent's engineering representative spoke in favor of the request. Mr. Dave Stritzer inquired about the cost to the city due to this annexation. With no one else speaking, Mayor Terrell closed the public hearing. This property is within the planning jurisdiction of the City of Allen and will be offered the standard service plan with soft services and hard services according to State law There will be no additional cost to the city due to this annexation. No action was taken on this item at this time Public Hearing to Consider the Recommendation of (Agenda Item XIII) the Planning and Zoning Commission to Adopt an Ordinance Approving the 1998 Comprehensive Plan Community Development Director Bill Petty reviewed the basis for formulating goals and objectives for the City's Comprehensive Plan. A slide presentation highlighted the following areas: comparison of 1992 Plan to 1998 Plan, the process of updating the Plan, update of the Community Facilities Map, update of the Thoroughfare Plan, and Update of the CBD Study Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Mr. Michael Perkins, 140 Buckingham, Allen, Texas, expressed concerns regarding the proposed location of Allen Heights. If it is built by the neighborhood, he requested a retaining wall be required. Ms. Amy Monier complimented Parks and Recreation Director Don Horton, Council and Parks Board for their work on park projects. She also was complimentary of the alternative transportation focus. Mr. Bill Dahlstrom, 8333 Douglas Avenue, Suite 900, Dallas, Texas, expressed support for the Plan. Mr. T J. Lane, 218 E. Louisiana Street, McKinney, Texas, spoke on behalf of Mr. Angel. He expressed concerns regarding the hardship placed on Mr. Angel's property due to the angle of proposed FM 2551, yielding fewer lots, affecting market values and the full cost of the roadway He requested a facilities agreement be in place or adoption of the plan without this particular roadway Staff has looked at this area and my consider the southern side for a community park. 1 With no one else speaking either for or against the request, Mayor Terrell closed the public hearing. ALLEN CITY COUNCIL REGULAR MEETING JULY 16, 1998 PAGE 9 Council expressed the need for more detailed information in the Comprehensive Plan especially regarding the CBD. This should be accomplished through an "ends goal" to be considered within 60 days. This is especially important due to the new policy governance form of government the Council has recently adopted. Council expressed concerns regarding the low-density tables and no correlation between R3 and R7 It was suggested R6 and R7 be Medium Density Concern was also expressed regarding Exchange east. It was suggested that it be at least a four -lane, divided roadway from Malone Road to FM 1378. Table 12b was questioned as to its need in the document. This table will be removed. Ordinance No. 1616-7-98: An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance Nos. 1105-5-92, 1173-5-93, 1291-10-94, 1376-10-95, 1393-1-96 and 1452-9-96, and Adopting the 1998 Comprehensive Plan Which Sets Forth Goals and Policy Statements on Land Use, Transportation, Housing, Parks, Community Facilities, Urban Design, Economic Development, Environment, Health and Human Services, and Government Services; Providing for a Severability Clause; and Providing for an Ett'ective Date of Said Ordinance. MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councihnember Banlemay, the Council voted five (5) for and none (0) opposed to approve Ordinance No. 1616-7-98 as previously captioned and with the following amendments: 1) R6 and R7 be set at Medium Density, 2) Exchange east be constructed as a four -lane, divided roadway from Malone Road to FM 1378, and 3) Table 12b be removed from the Plan. The motion carried. Policy Agenda A. Consider a Resolution Adopting Ends Policies (Agenda Item XIV) Acting City Manager Michael Stanger indicated Council developed a framework for Ends Policies. Staff finds that the Ends Policies framework, as it stands, is useful for many purposes. Staff will be able to interpret them, and develop goals and objectives that will enable the Council to evaluate whether or not we are achieving them. The Policy of the City Council is The City of Allen exists for quality of life, safety, healthy environment and economic well-being for a reasonable tax burden. Resolution 1617-7-98(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Amending the Council's Governance Policies by Replacing Ends Policy 1.0; and Providing an Effective Date. ALLEN CITY COUNCIL REGULAR MEETING { JULY 16, 1998 PAGE 10 MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Bartlemay, the Council voted five (5) for and none (0) opposed to approve Resolution No. 1617-7-98(R) as previously captioned and recommended. The motion carried. B. Consider Special Instructions to CIP Steering Committee and Schedule for Appointment Acting City Manager Michael Stanger indicated Council's policy decision is to determine specific instructions it will give the CIP committee, and how it will go about appointing the committee's membership and instructions concern timing. Another consideration for the Council is whether to ask the committee for a certain structure or format to their recommendations, or to leave it up to the committee. A third matter for the Council to consider is whether to ask the committee for financing recommendations. Council asked that a citizens financial committee link with Council and staff and present the information to the community Some of the questions that need to be answered: 1) Do we need a finance committee, 2) Do we need to consider a tax increase, and 3) Do we need to look at funding other than bond funding. Council discussed the pro's on when to have the election. Council requested information on what the current approved bond program looks like. Council suggested a June/July election. Council would like to know if any new projects are needed urgently and asked how soon bonds can be sold after the election. Council requested this information from staff prior to further action. C. Consider Amending Governance Process Policy 2 6 to Add Mayor's Committee and Delegate Certain Responsibilities and to Eliminate the Interboard Committee No action was taken on this item. D Consider Amending Executive Limitations Policy 3.5 to Limit the City Manager's Discretion with Respect to Contracts and Purchasing Council asked for additional information from the City of Lewisville on this topic. Discussion was held regarding examples of various cities. MOTION: Upon a motion by Councilmember Thomas and a second by Councilmember Bardemay, the Council voted five (5) for and none (0) opposed to amend the Policy Governance Executive Limitations Policy, Section 3.5, by adopting the attached City of Richardson policy (Exhibit A) but setting a $50,000 limit on contracts the City Manager may award. The motion carried. E. Consider a Revitalization Plan for Council -Appointed Boards and Commissions No action was taken on this item. E ALLEN CITY COUNCIL REGULAR MEETING JULY 16, 1998 PAGE 11 L 0 Consider a Plan to Refine Ends Policies They chose Option 2, spending three meetings on each ends policy, to begin with safety, transportation, quality of life, economic well-being, and healthy environment. A reporting document was distributed to Council. Governance Evaluation (Agenda Item XV) Council felt it did well under the new approach and it will get better as time passes. The agenda was well organized. Other Business (Agenda Item XVI) A. Calendar July 22, 1998 Early Voting Begins July 31 - August 2, 1998 Budget Retreat B. Board Appointment Calendar City Secretary Judy Morrison reviewed the appointment calendar for boards and commission Fall appointments. C Items of Interest The Fairview Mayor has asked that parents not be charged extra for Fairview children. The Town of Fairview will pay the additional fees up front on a yearly basis. Staff was asked to look at field costs, maintenance and any other possible costs involved. Also, staff will look at offering this program to other cities if the plan is feasible. Staff will work out the details. (Agenda Item XVR) MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the Council voted five (5) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:43 a.m. on Friday, July 17, 1998. The motion carried ALLEN CITY COUNCIL REGULAR MEETING JULY 16, 1998 PAGE 12 These mmutes approved on the 6th day of Aueus[, 1998. ATTEST: , J y Mo on, CMC, CITY SECRETARY I APPROVED: Stephen Terrell, MAYOR