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HomeMy WebLinkAboutMin - City Council - 1999 - 02/18 - RegularALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1999 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Banlemay Kenneth Fulk Melissa Owen City Staff: Peter H. Vargas, City Manager Judy Morrison, City Secretary Peter G. Smith, City Attorney DINNER AND PRE -MEETING WORKSHOP Call to Order and Announce a Ouorum is Present (Agenda Item 1) With a quorum of the Councilmembers present, dinner and the pre -meeting workshop session of the Allen City Council was called to order by Mayor Terrell at 634 p.m. on Thursday, February 18, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Discuss Current Aeenda (Agenda Item II) Statutory Agenda Item B, "Adopt an Ordinance Amending Chapter 9, Article V. Division 2, Section 9-135 of the Code of Ordinances Establishing Revised Speed Limits." Council questioned changing the speed limit on Exchange Parkway East to only 35 mph. Staff has recommended 35 mph due to safety concerns presented by the narrowness and lack of a shoulder along the roadway Statutory Agenda Item H, "Authorize Execution of a Contract for Engineering Services and Approve a Budget for the Extension of Butler Drive to US 75 Service Road." Council questioned the budgeting of the contingency Staff stated the contingency should be approximately 10% and is weighted heavily 1 ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1999 PAGE 2 Items of Interest (Agenda Item III) • Council Update on the 1999 Capital Improvement Program by Jim Wolfe, Chair, and Bill Petty, Director of Community Development Community Development Director Bill Petty presented a report on the CIP process. The meetings have been extended one week He reviewed the ranking process, the amount of money available at variable tax increases, and a calendar of events. Council authorized staff to call a public hearing on March 16 for the CIP with a workshop on March 10. Staff will provide additional financial information with regard to other financial sources available in addition to the proposed tax increases. • Planning and Zoning Commission's Discussion Concerning DRAFT By-laws Planner Marcie Diamond reviewed comments from the Planning and Zoning Commission regarding the proposed bylaws. The Council Subcommittee will take this under advisement and will report to Council at a future meeting. • Report Regarding Focus Group Meetings for Library Expansion and Renovation Report provided in packet, no oral presentation was given. • City of Allen Y2K Status Report Report provided in packet, no oral presentation was given. Policy Aeenda (Agenda Item M • Ends Policy Larger Lots and Cost of Development Partnership Discussion and Public Comment Assistant City Manager Michael Stanger reintroduced the issue of larger lots He reviewed the study results on the market for this low-density development within Allen. He discussed the pros and cons of this type of development. Council invited members of the public to come forward and speak at this time. Richard Ferrara praised the City of Allen for building prestige through its economic development program. He cautioned Council to be careful about creating special zoning districts to stimulate this type of development. Design standards are a tool available to address various issues, such as gated community, aesthetics, etc. Bill Dahlstrom encouraged the Council to use performance standards to entice the type of development desired He suggested the City complete a market analysis to determine whether there is a need in Allen for low-density developments. He advised Council to guide development rather than legislate so neighborhoods are not over designed and depleted of neighborhood interaction. Mr. Dahlstrom suggested major developers be included in the process to help set goals. F" ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1999 PAGE 3 Amy Monter spoke to Council regarding the complexity of this issue and encouraged the City to continue studying this issue Charles Niece of Twin Creeks stated that he is proud of the community The philosophy of Twin Creeks is to use low-density developments to provide a better community for their residents. There needs to be alternatives within low-density developments such as zero -lot line homes, large common areas with trails and lakes. Council thanked the participants for their comments. Council asked staff to provide information on neo -traditional planning. The workshop session recessed at 7.35 p.m. REGULAR MEETING With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 7:59 p.m. on Thursday, February 18, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas Public Recomition (Agenda Item V) • Presentation by Steve Matthews Regarding the Leadership Allen Project Leadership Allen Class X member Steve Matthews provided an update on the class project including the proposal to locate the train depot within Allen Station Park. The class has spoken to the Allen Community Development Corporation regarding funding for the project. Representatives of the Age of Steam display have offered to help develop a full-scale display in conjunction with the train depot in Allen Station Park. • Citizens' Comments David Lee informed Council of his concerns with the excessive lighting in the shopping center at Tatum and McDermott. He requested that the lights be dimmed or redirected to prevent the lighting from illuminating his home. Council directed the City Manager to discuss these concerns with Mr. Lee. (Agenda Item VI) MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Banlemay, the Council voted seven (7) 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 February 4, 1999, Regular Meeting. B. Declare a Vacancy in Place No. 5 of Allen Community Development Corporation The motion carried. PAGE 4 Statutory Aeenda (Agenda Item VII) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councihnember Owen, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the Statutory Agenda as recommended and as follows: A. Set March 4, 1999, as the Public Hearings Date to Consider Annexation of a 2.249± Acre Tract of Land Located Adjacent to Lovejoy ISD as Requested by Doyle R. Cameron. B. Adopt an Ordinance Amending Chapter 9, Article V, Division 2, Section 9-135 of the Code of Ordinances Establishing Revised Speed Limits. 1. Speed Limit on Exchange Parkway 2. Speed Limit on SH 5 Ordinance No. 1688-2-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas Amending the Code of Ordinances, by Amending Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-135(A), to Establish the Maximum Prima Facie Speed Limits Upon Exchange Parkway and State Highway 5, or Parts Thereof Within the Corporate Limits of the City of Allen; Providing for a Repealing Clause; Providing a Severability Clause; Providing for a Penalty of Fine Not to Exceed the Sam of Two Hundred Dollars ($200) for Each Offense; and Providing for an Effective Date. C. Adopt an Ordinance Confirming Action of City Council on Febmary 4, 1999, for a Zoning Request for Single Family Residential on 133.25± Acres of Land Located East of Malone Road and South of Stacy Road. Ordinance No. 1689-2-99: An Ordinance of the City Council of the City of Allen, Coffin County, Texas Amending Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously Amended, by Granting a Change in Zoning from Agriculture -Open Space (AO) to Planned Development -Single Family by Approving Planned Development - Single Family No. 79 (PD -SF -No. 79) for 133.247 Acres in the John Miler Survey, Abstract No. 609, City of Allen, Coffin County, and Being Further Described in Exhibit "A" Attached Hereto; Approving Development Regulations and Concept Plan Attached Hereto as Exhibits "B" and Exhibit "C", Respectively and Approving the Malone Road Frontage Concept Attached Hereto as Exhibit "D'; Providing for a Repealing Clause; Providing for a Severability Clause; Providing for a Savings Clause; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each 1( Offense; and Providing for an Effective Date of Said Ordinance. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1999 The motion carried. PAGE 4 Statutory Aeenda (Agenda Item VII) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councihnember Owen, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the Statutory Agenda as recommended and as follows: A. Set March 4, 1999, as the Public Hearings Date to Consider Annexation of a 2.249± Acre Tract of Land Located Adjacent to Lovejoy ISD as Requested by Doyle R. Cameron. B. Adopt an Ordinance Amending Chapter 9, Article V, Division 2, Section 9-135 of the Code of Ordinances Establishing Revised Speed Limits. 1. Speed Limit on Exchange Parkway 2. Speed Limit on SH 5 Ordinance No. 1688-2-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas Amending the Code of Ordinances, by Amending Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-135(A), to Establish the Maximum Prima Facie Speed Limits Upon Exchange Parkway and State Highway 5, or Parts Thereof Within the Corporate Limits of the City of Allen; Providing for a Repealing Clause; Providing a Severability Clause; Providing for a Penalty of Fine Not to Exceed the Sam of Two Hundred Dollars ($200) for Each Offense; and Providing for an Effective Date. C. Adopt an Ordinance Confirming Action of City Council on Febmary 4, 1999, for a Zoning Request for Single Family Residential on 133.25± Acres of Land Located East of Malone Road and South of Stacy Road. Ordinance No. 1689-2-99: An Ordinance of the City Council of the City of Allen, Coffin County, Texas Amending Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously Amended, by Granting a Change in Zoning from Agriculture -Open Space (AO) to Planned Development -Single Family by Approving Planned Development - Single Family No. 79 (PD -SF -No. 79) for 133.247 Acres in the John Miler Survey, Abstract No. 609, City of Allen, Coffin County, and Being Further Described in Exhibit "A" Attached Hereto; Approving Development Regulations and Concept Plan Attached Hereto as Exhibits "B" and Exhibit "C", Respectively and Approving the Malone Road Frontage Concept Attached Hereto as Exhibit "D'; Providing for a Repealing Clause; Providing for a Severability Clause; Providing for a Savings Clause; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each 1( Offense; and Providing for an Effective Date of Said Ordinance. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1999 PAGE 5 D Adopt an Ordinance Approving TU Electric's Time -of -Use Tariff Application. Ordinance No. 1690-2-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas Approving Rate Schedules for Texas Utilities Electric Company, Providing an Effective Date Therefor, Providing Conditions Under Which Such Rate Schedules may be Changed, Modred, Amended or Withdrawn; and Providing for the Effective Date of Said Ordinance. E. Adopt an Ordinance Amending Sign Regulations Ordinance No. 1630-9-98 to Amend the Setback Requirements for Single Tenant and Multi -tenant Signs. Ordinance No. 1691-2-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Sign Regulations Ordinance No. 1630-9-98, as Heretofore Amended by Amending Section 3E, by Amending the Setback Requirements for Class 5 - Major Freestanding Single -Tenant Signs and by Amending the Setback Requirements for Class 5 -Major Freestanding Multi -Tenant Signs; Providing a Savings Clause; Providing a Repealing Clause; Providing a Severability Clause; Providing for a Penalty of Fine Not to Exceed the Stun of Five Hundred Dollars ($500.00) for Each Offense; and Providing an Effective Date. F Adopt a Resolution Establishing Fees for Signage of Zoning Notifications. Resolution No. 1692-2-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Establishing the Fee for the Construction, Installation and Removal of Required Signage; for Notice of Public Hearing Called by the City Council for Required Zoning Changes; and Providing an Effective Date. G. Authorize Execution of a Contract for Engineering Services and Approve a Budget for Installation of a Traffic Signal at Bethany Drive and Allen Heights Drive Council authorized the City Manager to execute an engineering contract with Kimley-Horn Associates, Inc., and approved a budget of $115,000 for the installation of the traffic signal. H. Authorize Execution of a Contract for Engineering Services and Approve a Budget for the Extension of Butler Drive to US 75 Service Road. Council authorized the City Manager to execute a contract with GBW Engineers, Inc., for $13.650 and set a budget of $170,000 for the total project with funds to come from the proceeds of the land sale. I. Authorize Execution of a Contract with Landmark Structures for Two Elevated Water Storage Tanks and Authorize Payment to the Developer for Pipe Installation. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1999 PAGE 6 Council authorized the City Manager to execute a contract with Landmark Structures for $3,399,000 for the construction of the two elevated water tanks to be located at the northwest corner of Bethany and Malone and just south of McDermott on Custer Road. Council also authorized payment to the developer for the pipe installed on our land. Receive CIP (Capital Improvements Program) Stains Report. The motion carried. CONTINUED ITEM: Continuation of a Public (Agenda Item VIII) Hearing and Consider the Approval and Adoption of an Ordinance to Change Zoning from Agricultural/Open Space and Planned Development to Single Family Residential Zoning on 43.79± Acres of Land Located North of Exchange Parkway at the Exchange Parkway and Allen Heights Intersection for Allen North Addition Phase Five Mayor Terrell stated that the public hearing was still open and asked for anyone speaking either for or against the request to do so at this time. Proponent Robert Pon apologized for not being available for the last Council meeting. With no one else speaking, Mayor Terrell closed the public hearing. Planner Marcie Diamond reviewed the request to rezone 43.79± acres of land as single family residential. This property is currently undeveloped. Allen Heights Drive is proposed to traverse this property in a north/south direction. Exchange Parkway is along the southern boundary of this tract and will require additional right-of-way at the time of platting to improve this parkway to a standard width. The Planning and Zoning Commission recommended approval of this request with the condition that the lots comprising 2.1 acres adjacent to Allen North be zoned R-5 so as to be compatible with the zoning established to the west Discussion was held regarding the 9,000 square foot lots backing up to Buckingham. A question was raised regarding a connection to Parkland Heights. An outlet to Parkland Heights will be required at the time of platting. A homeowner's association will be responsible for maintaining pockets of open space along Allen Heights Concern was expressed regarding neighborhoods not blending along Allen Heights. MOTION: Upon a motion by Councilmember Bardemay and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to table consideration of this request to the March 4 regular meeting. The motion carried. ALLEN CITY COUNCIL t REGULAR MEETING FEBRUARY 18, 1999 PAGE Conduct a Public Hearing and Consider the (Agenda Item D1) Approval and Adoption of an Ordinance for a Planned Development District for R-5 Single Family Residential, Situated on 32.152± Acres of Land Located North of Exchange Parkway and East of City Road 146 for Wynne/Jackson, Inc. (Fitz- Gerald/Wolfe Property) Planner Marcie Diamond reviewed the request to establish Planned Development zoning for R-5 single family residential on 32.152± acres of land. An open cul-de-sac will go to the flood plain allowing access to the flood plain. The Planning and Zoning Commission recommended approval of the request as submitted with the condition that no homes back up to the flood plain; however, they may side the flood plain. 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. W Council informed staff they would like to require a concept plan with each future ordinance request. Discussion was held regarding access to the creek and the open space requirement. Additional discussion was held regarding single -loaded streets and the connections to the adjoining propenes MOTION: Upon a motion by Councilmember Thomas and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to table consideration of this request until the March 4 regular meeting to allow the proponent time to present a concept plan for the property taking into account the adjoining property street connections and creek access. The motion carried. Conduct a Public Hearing and Consider the (Agenda Item 7f) Approval and Adoption of an Ordinance to Amend the Uses Permitted to Allow a Private Recreation Center and to Delete other Uses by Amending the Development Regulations for Tract IE of Planned Development District No. 26 Situated on 5.048± Acres of Land Located South of McDermott Road and West of Watters Road for Allen Central II Joint Venture Planner Marcie Diamond reviewed the request to amend the permitted uses allowed within Tract IF of Planned Development No. 26. This Planned Development was established in 1984 and rezoned in 1992 and 1994. This is the only tract that has retained the commercial zoning of the original Tract I of PD 26. The Planning and Zoning Commission recommended approval of the request as submitted subject to the following conditions: 1) Maximum height for Management/Leasing Office would be one story, 2) Trail head shall be ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1999 PAGE provided in the southern half to be shown on the site plan; 3) Tree preservation - The tree cluster identified on the topographic plan shall be preserved; 4) No trees will be removed from the southwest corner below grade of the hike and bike trail, 5) Set back from southwest comer - The Management Leasing Office will be set back at least 200 ft. from the southwest corner of the property; 6) Screening - The eastern boundary adjacent to the Management Leasing Office, as identified on the site plan, shall be screened with a vegetation screen or wall or combination of both (from the trail head back); 7) Lighting - for the tennis courts shall be directed away from the greenbelt and shall not be illuminated past 11:00 p.m.; 8) Hours of operation for the outdoor recreation areas shall not be open later than 11:00 p.m., and, 9) Proponent will work with the adjacent property owners to address access issues, which will be worked out at time of platting, subject to staff approval. Dave Dennison reviewed the background of this tract of land and the limitations on the tract 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. A joint driveway between property owners may split off allowing a drive into the multifamily areas IcConcerns were expressed regarding traffic. Ordinance No. 1693-2-99 An Ordinance of the City Council of the City of Allen, Collin County, Texas Amending Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously Amended, by Granting a Change in Zoning by Amending Floodplain Planned Development No. 26 (FP -PD -No. 26) to Allow for a Private Recreation Center on Tract 1-E in the Michael Lee Survey, Abstract No. 543, City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached Hereto; Providing for Development Regulations and Concept Plan Attached Hereto as Exhibits "B" and Exhibit "C", Respectively; Providing for a Repealing Clause; Providing for a Severability Clause; Providing for a Savings Clause; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; and Providing for the Effective Date of Said Ordinance. MOTION: Upon a motion by Councilmember Folk and a second by Counctlmember Gallagher, the Council voted six (6) for and one (1) opposed with Mayor Pro Tem Kerr casting the negative vote, to confirm the recommendation of the Planning and Zoning Commission and to adopt Ordinance No. 1693-2-99 as previously captioned with the following amendments 1) The Ll ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1999 PAGE 9 trail head and trail be accessible to the public at all times from McDermott Drive; 2) The word "generally" be removed from Section 2; and, 3) A concept plan be required when the northern portion of the property is developed. The motion carried. Other Business (Agenda Item XI) A. Accept Monitoring Reports • Financial Condition and Activities Policy (EL 3.4) B. Governance Self -Evaluation C. Calendar February 23 -24 Collin County Day in Austin March 26 Chamber of Commerce Banquet D. Items of Interest • TML Region 13 Dinner Meeting • TML Land Use Conference The Regular Session recessed at 10:11 p.m. Executive Session (Agenda Item XII) In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 10:30 p.m. on Thursday, February 18, 1999, 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 vs. City of Allen • Personnel - City Attorney Appointment • Property - Conference with City Manager/Briefing on an Economic Development Prospect The Executive Session adjourned at 11:42 p.m. on Thursday, February 18, 1999 Reconvene and Consider Action on Items Discussed (Agenda Item XIIq During Executive Session The Allen City Council reconvened into regular session at 11:43 p in. on Thursday, February 18 1999, in the Council Chambers of the Allen Public Library ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1999 PAGE 10 MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen. the Council voted seven (7) for and none (0) opposed to approve the settlement agreement between the City of Allen and City of Parker, Cause #21940596 The motion carried. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to appoint the law firm of Nichols, Jackson, Dillard, Hager & Smith, L.L.P to provide legal services to the City of Allen as City Attorney and to authorize the City Manager to execute an agreement between the law firm and City of Allen. The motion carried. (Agenda Item XIV) MOTION: Upon a motion made by Mayor Pro Tem Kerr 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 11:44 p.m. on Thursday, February 18, 1999 The motion carried. These minutes approved on the 4th day of March, 1999 APPROVED: Stephen Terrell, MAYOR ATTEST: C'-Y— J Mor • n, CMC, CITY SECRETARY