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HomeMy WebLinkAboutMin - City Council - 1998 - 08/06 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 6, 1998 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Bartlemay Kenneth Fulk Melissa Owen City Staff: Michael Stanger, Acting City Manager Judy Morrison, City Secretary DINNER AND PRE -MEETING WORKSHOP Call to Order and Announce a Ouorvm is Present (Agenda Item 1) With a quorum of the Councihnembers 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, August 6, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Discuss Current Aeenda (Agenda Item H) A. Consent Agenda Item C, "Approve a Resolution Amending the Policies and Procedures Relating to the Consent Agenda and the Statutory Agenda." Discussion was held regarding a change to the proposed Resolution including the requirement of a motion/second and majority vote to remove an item from the consent agenda. It was suggested this provision be rewritten to allow for the removal of an item with only a motionisecond with no vote required. B. Statutory Agenda Item A, "Adopt an Ordinance Repealing Ordinance Nos. 427-1-83 and 1336-5-95 and i Authorize the City Manager to Establish Organizational Arrangements " Council questioned F1 I ALLEN CITY COUNCIL REGULAR MEETING AUGUST 6, 1998 PAGE 2 whether the proposed ordinance would conflict with City Charter Council recommended that consideration of this item be held at a later time. Item B, "Approve a Resolution Adopting the Articles of Incorporation for the Keep Allen Beautiful Board Corporation." Discussion was held regarding term limitations being set up in the By-laws rather than the Articles of Incorporation. C. Agenda No discussion was held Items of Interest to the Come!] A. Preview Future Agendas • Natatorium • Exchange Parkway Alignment • Zoning Hearings The Workshop Session was recessed at 7:00 p m. Executive Session (Agenda Item III) (Agenda Item IV) 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 7:05 p.m. on Thursday, August 6, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to: • Parkland Acquisition The Executive Session was adjourned at 7:35 p.m. on Thursday, August 6. 1998. 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 - 7:39 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 7:39 p.m. on Thursday, August 6, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 6, 1998 PAGE 3 Public Recognition (Agenda Item VI) • Recognize life-saving efforts of Ms. Kaley Sanders. Fire Chief Ron Gentry praised Ms Kaley Sanders and Mr. Carson Sanders for their brave efforts in saving the life of their grandfather, Bobby Sanders. Mayor Terrell presented certificates declaring both youths "City of Allen Shining Stars" and pinned each with a City of Allen pin • Citizens' Comments. Ms. Nancy Pickup, 710 Featherbrook Court, Allen, Texas, encouraged the City of Allen to complete the Cottonwood Creek Bridge She presented a petition signed by Highland Meadows residents expressing support for the project. Ms. Gloria Hazelton, 1006 Timberline Lane, Allen, Texas, a realtor, expressed concern regarding the lack of a minimum housing standards ordinance. Council will be considering this item in the near future. Mc Bill Rob, 714 Featherbrook Court, Allen, Texas, expressed support for the proposed bridge connecting Ford Park to the Highland Meadows subdivision. Mr. John Digges, 530 Fairhaven Drive, Allen, Texas, expressed concern regarding neighborhood integrity He requested that teeth be put into the Environmental Integrity Ordinance and that the department dealing with this issue become educated on the ordinance. He offered his assistance to serve on a committee to address these issues. (Agenda Item VII) MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to remove the following items from the Consent Agenda: C. Approve a Resolution Amending the Policies and Procedures Relating to the Consent Agenda and the Statutory Agenda. E. Set August 25, 1998, as the Public Hearing Date Regarding the Fiscal Year 1998-99 City Tax Rate The motion carried. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the Council voted seven (7) for and none (0) opposed to approve and adopt all remaining E items on the Consent Agenda as recommended and as follows. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 6, 1998 PAGE 4 A Approve Minutes of the July 16, 1998, Regular Meeting. B. Investment Report. D Set August 18, 1998, as the Public Hearing Date Regarding the Fiscal Year 1998-99 City Budget. F Set September 3, 1998, as the Public Hearing Date to Place Permanent Zoning of Corridor Commercial on Approximately 108.996 Acres of Land Located South of Stacy Road between US 75 and SH 5. G. Set September 3, 1998, as the Public Hearing Date to Place Permanent Zoning of Corridor Commercial on Approximately 72.02 Acres of Land Located South of Stacy Road and East of US 75. H. Set September 3, 1998, as the Public Hearing Date to Place Planned Development Zoning with Single -Family Residential, Community Facilities and Shopping Center Uses on Property Located West of Malone Road between Exchange Parkway and Stacy Road, L Set September 3, 1998, as the Public Hearing Date to Place Permanent Zoning of Residential - 5 and Corridor Commercial on Property Located between Alma Drive and Watters Road along the Future Extension of Ridgeview Drive. J Set September 3, 1998, as the Public Hearing Date to Place a Specific Use Permit for Service Station on Property Located at the Southwest Comer of Bethany Drive and Allen Heights Drive. The motion carried. C. Approve a Resolution Amending the Policies and Procedures Relating to the Consent Agenda and the Statutory Agenda. Resolution No. 1618-8-98(R): A Resolution of the City of Allen, Collin County, Texas, Establishing New Policies and Procedures Relating to a Consent Agenda and a Statutory Agenda and Authorizing the hnplementation Thereof. MOTION: Upon a motion made by Councilmember Folk and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to approve Resolution No 1618-8- 98(R) as amended to include " .prior to passage of the Consent Agenda, that a motion and second is offered for debate any item from the Consent Agenda. " and " .prior to passage of the Statutory Agenda, that a motion is offered requesting the removal of any item on the EStatutory Agenda for debate " The motion carried. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 6, 1998 PAGE 5 E. Set August 25, 1998, as the Public Hearing Date Regarding the Fiscal Year 1998-99 City Tax Rate. Further study shows a public hearing is required if more revenue is raised from the previous year. Also, a notice listing the proposed tax rate is required to be published in the local newspaper. Staff will provide Council the opportunity to set the tax rate at a future meeting. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to deny the setting of a public hearing on the tax rate. The motion carried. Statutory Aeenda (Agenda Item VRI) MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Gallagher, the Council voted seven (7) for and none (0) opposed to remove the following item from the Statutory Agenda, A. Adopt an Ordinance Repealing Ordinance Nos. 427-1-83 and 1336-5-95 and Authorize the City Manager to Establish Organizational Arrangements. The motion carried. MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to approve and adopt all remaining on the Statutory Agenda as recommended and as follows: B. Approve a Resolution Adopting the Articles of Incorporation for the Keep Allen Beautiful Board Corporation. Resolution No. 1619-8-98(R): A Resolution of the City Council of the City of Allen, Collin County, Approving the Articles of Incorporation of the Keep Allen Beautiful Corporation, and Providing an Effective Date. C Adopt an Ordinance Annexing a 67.80± Acre Tract of Land Located West of FM 1378 and Generally South of Lovejoy ISD as Requested by D. R. Cameron & Associates. Ordinance No. 1620-8-98: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately 67.80 Acres Located in the George Fitzhugh Survey, Abstract No. 320, and the Gabriel Fitzhugh Survey, Abstract No. 318, 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 AB Inhabitants by all the Ordinances, Acts, ALLEN CITY COUNCIL REGULAR MEETING AUGUST 6, 1998 PAGE 6 Resolutions and Regulations of Said City; Providing a Severability Clause; and Providing for the Effective Date of Said Ordinance. Adopt an Ordinance Confirming Action of City Council on July 16, 1998, to Remove a Specific Use Permit for Gasoline Sales at 705 E. Main Street, Ordinance No. 1621-8-98: An Ordinance of the City of Allen, Coffin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, and Planned Development No. 5 Ordinance No. 370-10-81 by Repealing Ordinance No. 784-3- 87, Being a Specific Use Permit for Gasoline Sales, and Re -Establishing Shopping Center Regulations on the Following -Described Tract of Land: Lot 2, Block 1, Mr. Quik Addition, Being 705 E. Main Street, City of Allen, Coffin County, Texas; Providing for a Penalty of Fine not to Exceed the Stan of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. E. Adopt an Ordinance Confirming Action of City Council on July 16, 1998, to Place a Specific Use Permit for Motorcycle Sales and Service on a Portion of Tract 6 of Planned Development No. 55. Ordinance No. 1622-8-98: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, and Planned Development No. 55 Ordinance No. 1226-3-94, by Approving Specific Use Permit No. 59 and Site Plan for Motorcycle Sales and Service, with Terms and Conditions, on the Following -Described Tract of Land: A Portion of Lot 1, Block A, of Allen Central Addition, anAddition to the City of Allen, Coffin County, Texas; Providing for Exhibit "H" Legal Description; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severabflity Clause; and Providing for the Effective Date of Said Ordinance. Authorize a Contract and Approve a Budget for the Construction of the Jupiter Sewer Replacement. Council authorized the Acting City Manager to execute a contract with Pavement Construction for the construction of the Jupiter Sewer Replacement in the amount of $126,475 plus a contingency of $13,525 for a budget of $140,000. The motion carried. A. Adopt an Ordinance Repealing Ordinance Nos. 427-1-83 and 1336-5-95 and Authorize the City Manager to Establish Organizational Arrangements MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to deny staffs recommendation of adopting ALLEN CITY COUNCIL REGULAR MEETING AUGUST 6, 1998 PAGE 7 an ordinance authorizing the City Manager to establish organization arrangements. Council did authorize the movement of Code Enforcement to the Police Department, and recommended the drafting of an ordinance for Council consideration regarding the creation of a Planning Division. The motion carried. TABLED ITEM: Public Hearing to Consider the (Agenda Item IX) Recommendation of the Planning and Zoning Commission to Amend Floodplain -Planned Development No. 58 on Approximately 148+ Acres of Land Located North of Exchange Parkway, West of SH 5 and East of the Southern Pacific Railroad as Requested by LLG Lands, Inc. MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council voted seven (7) and none (0) to remove this item from the Table. The motion carried Planner Marcie Diamond reviewed the background of this request. On June 18, 1998, the City Council considered a request by L L.G. Lands, Inc., to amend Planned Development No. 58 to allow for Industrial, Multi -family and Shopping Center uses. Mr. Richard Ferrarar, proponent, reviewed the modifications to the Planned Development regulations The adjacency to the street has been resolved. It was stated the project does not meet current Comprehensive Plan requirements. This apartment complex is located near the employment center in this area. The complex will have 794 units. The five -acre Floodplain will be dedicated to the City The units will be screened by an eight -foot fence. MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Fulk, the Council voted seven (7) and none (0) to approve the recommendation of the Planning and Zoning Commission with the following amendments to Tract 3B and 4: Size of Front Yard - No portion of any s[mcmre shall be taller than two stories within 100 feet of the front property line, Security - All property lines and access points to this residential development shall have an eight -foot perimeter fence next to Light Industrial zoned property The motion carried. Zoning Requests to Establish Zoning on 501± Acres (Agenda Item X) of Land Located South of the Proposed Extension of Bethany Drive, North of Rowlett Creek, Montgomery Farm Trust and the Montgomery Farm ALLEN CITY COUNCIL REGULAR MEETING AUGUST 6, 1998 PAGE 8 A. Public Hearing to Consider the Recommendation of the Planning and Zoning Commission to Deny the Zoning Request to Place Permanent Zoning on 119.62 Acres of Land Located West of US 75 and North of Rowlett Creek. Public Hearing to Consider the Recommendation of the Planning and Zoning Commission to Deny the Zoning Request to Place Permanent Zoning on 3816 Acres of Land Located West of US 75, South of Watters Crossing and North of Rowlett Creek. Planner Marcie Diamond reviewed the two zoning cases. A school site is being planned in this area. Mr. Richard Ferrara presented information on these requests. Mr. Bill Dahlstrom, proponent, indicated the transition and compatibility is to be considered next to residential neighborhood. The neighborhood zoning mirrors Twin Creeks. This provides favorable traffic patterns and a favorable tax impact. He showed a comparison of single family and office tax revenues. Tax revenues for the City will total $1.8 million for Single-family and $4 million for Office. The office complex will provide less of a burden on City services than the residential area. Mayor Terrell opened both public hearings jointly and asked for anyone speaking either for or against the requests to do so at this time. Mr. Terry Daglow, 1005 Ashland Court, Allen, Texas, spoke in opposition to offices behind his home. Mr William Hall, 1009 Ashland Court, Allen, Texas, spoke in opposition to the requests since they do not follow Comprehensive Plan guidelines. The creek makes a good buffer. A well-done residential design will continue to enhance this area. Mr. Kevin Kerr, 1013 Ashland Court, Allen, Texas, spoke in opposition to the requests He expressed concern that Office Zoning allows too many varied uses. This could be considered spot zoning. Mr. Will Richardson, 512 Riverside Court, Allen, Texas, stated the benefit of Allen is consistent zoning. He expressed concern with moving the offices to the ridgelme, this would not be good for the City, especially for the people already living there. Mr. Steve Shafranek, 1006 Westwood Court, Allen, Texas, asked for the denial of this proposal. The Comprehensive Plan was designed for its best use. Commercial development on the east is acceptable but not on the west. He requested residential abutting Watters Crossing be consistent with current Waiters Crossing residential and that residential, if west of creek is approved, there be a buffer/step-down. Mr. Stan Swanson, 711 Bel Air Drive, Allen, Texas, expressed agreement with the Planning and Zoning Commission's recommendation to deny the proposals. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 6, 1995 PAGE 9 Mr. Dale Richey, 1210 Bel Air Drive, Allen, Texas, expressed support for the Planning and Zoning Commission's recommendation to deny the requests since Allen is a bedroom community He requested that roads be completed prior to development. Ms. Rosie Catanara, Allen. Texas, stated that the office development would cause the neighborhood to lose its hometown flavor. Ms. Kay Herndon, 404 Imperial, Allen, Texas, expressed support of the Williams' family and all they have done for Allen. The following individuals did not speak but wished to state their support for the Planning and Zoning Commission's recommendation to deny the requests. Mr. Richard Steudtner, 1237 Irvine, Allen, Texas; Ms. loan Frost, 405 Waiters Crossing, Allen, Texas; Ms. Carolyn Winkler, 704 Bel Air Drive, Allen, Texas; Mr Don Mertz, 1207 Riverside Court, Allen, Texas; Ms. Terri Mertz, 1207 Riverside Court, Allen, Texas; Ms Maria Seeley, 404 Waiters Crossing, Allen, Texas; and, Ms. Sue Boyette, 513 Riverside Court, Allen, Texas. With no one else speaking either for or against the requests, Mayor Terrell closed the joint public hearings. The proponent, Amy Monier, indicated the Comprehensive Plan is only a blue print. Bethany Road is going to be a six -lane road and with the easements, the most visible impact will be the lights in the median of Bethany A very important issue is the tax base that will be of assistance to all the taxpayers The proponent would like to achieve saving the tree line along the southern boundary of Walters Crossing. The proponent is proposing to relocate power lines to the greenbelt Mr. Jack Hatchell stated dual left and right turn lanes at the major thoroughfare intersections are needed and are presented in the requests. The proponent agreed to make house size compatible with adjoining Waiters Crossing homes. Residential densities are on target. Council felt "office" is too broad a category and there is too much office at that location. The proponent agreed to establish R-3 next to creek and R-4 north of there MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to return both requests to the Planning and Zoning Commission for additional consideration with regard to the following issues: the provision of R-3 zoning adjacent to Rowlett Creek in the tract proposed for R-4 zoning; providing larger lots adjacent to Watters Crossing, to reflect the existing development patterns; consider residential zoning on the Office tract proposed on the south side of Bethany; consider P.D Garden Office verses the requested unrestricted Office zoning, with potentially other restrictions which address uses, aesthetics and setbacks; provisions for I ALLEN CITY COUNCIL REGULAR MEETING AUGUST 6, 1998 PAGE 10 maintaining access to the flood plain areas; adding a condition to preserve the tree line adjacent to Watters Crossing; and, a Traffic Study, provided by the proponent, to determine if a traffic light would be needed at Bel Air and Bethany if the property were developed as office or residential. In addition, Council directed that the request be expedited to the Planning and Zoning Commission and that a public hearing be held. The motion carried. Policy Agenda (Agenda Item XI) Acting City Manager Michael Stanger reviewed the philosophy of how the policy agenda works. Council decided to review apartment setbacks and develop a policy A. Discussion of Safety Policy No discussion was held. B. Discussion of Economic Well -Being Policy • Presentation of Economic Development Study Results by Elizabeth Morris, Principal, Insight Research Corporation Council asked that the presentation be conducted for the Planning and Zoning Commission. Council will view the presentation at a later date. • Home Based -Businesses Staff was asked to review and perhaps bring a solution to Council with minor changes in the wording of the current ordinance. C. Consider Amending Governance Process Policy 2.6 to Add Mayor's Committee and Delegate Certain Responsibilities and to Eliminate the Interboard Committee No discussion was held D Consider a Revitalization Plan for Council -Appointed Boards and Commissions No discussion was held. Governance Self -Evaluation (Agenda Item XII) No discussion was held. I ALLEN CITY COUNCIL REGULAR MEETING AUGUST 6, 1998 I1 L Other Business A. Calendar August 18, 1998 September 14 - 16, 1998 B. Items of Interest Adjourn PAGE 11 (Agenda Item XIII) FY 1998-99 Budget Public Hearing Board Interviews Parks and Recreation Director Don Horton reviewed plans for the natatorium. Council requested receipt of the executive summary including the entire document prior to the joint AISD/Council meeting in October Agreements between the entities need to be completed prior to construction documents be issued. (Agenda Item XIV) MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:15 a.m. on Friday, August 7, 1998. The motion carried. These minutes approved on the 20th day of Angus[, 1998. ATTEST: CJ CMC, CiIITYalCR TA APPROVED: -w�&49� Stephen Terrell, MAYOR