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Home My WebLink AboutMin - City Council - 1999 - 04/15 - RegularALLEN CITY COUNCIL REGULAR MEETING APRIL 15, 1999 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Bartlemay 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 Amounce a Ouortun is Present (Agenda Item I) 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 6:45 p.m. on Thursday, April 15, 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 D, Agreement for Information Technology Planning and Design Services for the new City Hall. Council questioned the fees submitted in the other proposals received from firms interested in providing these services. Staff stated that no other firms desired to bid on these services. • Statutory Agenda Item F, Proposal to Perform a Golf Course Assessment and Feasibility Study This study will determine whether an additional golf course is needed within our community At this time, there are no private finis planning to develop a golf course in our City • Statutory Agenda Item A, Amending the Solid Waste Ordinance for Residential and Commercial Solid Waste Services. Fees collected for City services include approximately $10,000 for beautification, $1,000 for illegal dumping and a minimal amount for litter control. ALLEN CITY COUNCIL REGULAR MEETING APRIL 15, 1999 PAGE 2 (Agenda Item III) There was no discussion of items of interest Policy Agenda (Agenda Item IV) A Quality of Life Policy* Documentation & DRAFT Ends Statement • Large Lots and Cost of Development Discussion was held regarding quality of life in neighborhoods and the community versus large lots and density issues. Council would like this Ends statement to be the driver of development rather than the developer The statement should be broad with City Staff filling in as needed. Discussion was held regarding the Ends statements for Quality of Life. Item C, (iii) will be removed and further examined through the Comprehensive Plan. Item H, (iii) the word "may" will be added and (iv) will be deleted Staff will provide additional points in the future. B Future Policy Agenda Topics Council moved this item to the "Items of Interest" section under Agenda Item XI, Other Business. The workshop session recessed at 733 p.m. REGULAR MEETING With a quomm of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 7:50 p.m. on Thursday, April 15, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. (Agenda Item V) • Presentation of Plaque -of -Appreciation to Jason Collier, former Member of Community Development Corporation • Presentation of Proclamation to a Representative from Rape Crisis Center of Collin County Proclaiming "Sexual Assault Awareness Month" • Presentation of Proclamation to the Police Department Proclaiming "National Telecommunicator's Week" • Citizens' Comments �! ♦ Discussion with Dr. Jeff Wood regarding Requirements for Park Dedication Fees ALLEN CITY COUNCIL REGULAR MEETING APRIL 15, 1999 PAGE 3 Dr. Jeff Wood, 1113 Sandy Creek, Allen, Texas, spoke in opposition to Ordinance No. 1612-7-98. He requested a waiver to the park dedication fee City Manager Peter Vargas will extend the platting deadline to allow adequate time to make a decision on this issue Council recognized Boy Scouts Troop 223 for attending the meeting to complete requirements on a merit badge Allen Arts Alliance representatives invited Council and guests to attend the Allen Arts Festival on May 8. Keep Allen Beautiful representatives encouraged everyone to participate to the Keep Allen Beautiful Day activities on Saturday, April 17 (Agenda Item VI) MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) to approve and adopt items on the Consent Agenda as recommended and as follows: Approve Minutes of the March 29, 1999, City Council, Allen Independent School District, Chamber of Commerce Triad Meeting. Approve Minutes of the April 1, 1999, Regular Meeting. The motion carried. Statutory Aeenda (Agenda Item VID 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 and adopt all items on the Statutory Agenda as recommended and as follows: A. Adopt an Ordinance Amending the Solid Waste Ordinance by Setting New Rates for Residential and Commercial Solid Waste Services. Ordinance No. 1711-4-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Sections 6-59(a), 6-60.2 and 6-60.3 of Chapter 6, "Health and Environment", Article IH, "Solid Waste", of the Allen Code of Ordinances; Providing a Revised Schedule of Rates and Fees for Solid Waste Disposal and Collection; and Providing for an Effective Date. B. Adopt an Ordinance Amending Chapter 9, Article V, Division 2, Section 9-135 of the Code of Ordinances Establishing Revised Speed Limits on FM 1378 Ordinance No. 17124-99: 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 ALLEN CITY COUNCIL REGULAR MEETING APRIL 15, 1999 PAGE 4 Regulations," Section 9-135(A), to Establish the Maximum Prima Facie Speed Limit Upon Farm -to -Market Road 1378, 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 Sum of Two Hundred Dollars ($200) for Each Offense; and Providing for an Effective Date. C. Adopt an Ordinance Incorporating the Reorganization Plan as Submitted by the City Manager Ordinance No. 1713-4-99: An Ordinance of the City Council or the City of Allen, Collin County, Texas, Amending the Code of Ordinances, Chapter 2, Article VII, Section 2-151 by Deleting Public Works Department and Providing for a Community Services Department and Establishing Duties; by Adding Section 2-181 Providing for an Engineering Department and Establishing Duties; by Adding Section 2-191 Providing for a Planning Department and Establishing Duties; by Adding Section 2-1101 Providing for a Management Information Systems Department and Establishing Duties; by Providing a Severability Clause; by Providing a Repealing Clause; and Providing an Effective Date. D Authorize Execution of an Agreement with Elect & Associates for Information Technology Planning and Design Services for the new City Hall. Council authorized the City Manager to execute an agreement with Elert & Associates for information technology planning and design services for the new City Hall with a budget of $9,400 for Network Needs Analysis and 8% of project cost not to exceed $24,000 for Voice, Data, Video Detail Design, Bidding, Evaluation and Project Oversight costs plus travel and related expenses E. Approval of Assignment of Tax Abatement from Quest Medical, Inc. to Atrion Corporation and Approval of an Amendment to the Tax Abatement between Atrion Corporation and the City of Allen. Council approved the assignment of the tax abatement from Quest Medical, Inc , to Atrion Corporation, approved an amendment to the tax abatement agreement changing the required minimum number of employees from 150 to 75 and authorized the City Manager to execute all documents. Approve a Proposal with National Golf Foundation Consulting, Inc. to Perform a Golf Course Assessment and Feasibility Study Council authorized the City Manager to negotiate and execute a contract with the National Golf Foundation in an amount not to exceed $17,500 to study the feasibility of providing a Municipal Golf Course for the City of Allen. G. Receive CIP (Capital Improvements Program) Status Report. ALLEN CITY COUNCIL REGULAR MEETING APRIL 15, 1999 The motion carried. PAGE 5 CONTINUATION: Conduct a Public Hearing and Consider the (Agenda Item VIII) Adoption of an Ordinance for Proposed Amendments to Section 2.10, Definition No. 67 and Section 3.10 for Home Occupations of the Comprehensive Zoning Ordinance Planner Marcie Diamond informed Council the Ad Hoc Committee had met with the Home Based Business (HBB) Subcommittee to discuss various aspects of the existing ordinance as well as the proposed revisions. The following revisions were made based on the HBB recommendations: 1) The word "generally" was added to item 6, and 2) Item 8 was reworded to state "The activity shall employ only residents of the location of the home occupation." 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. An unsigned fax was entered into the record stating opposition to the proposed ordinance. Ms. Kim Layton spoke on behalf of the Chamber of Commerce Home Based Business Committee. She expressed support for the ordinance with the changes proposed as a result of the Ad Hoc Committee. With no one else speaking either for or against the request, Mayor Terrell closed the public hearing. A Councilmember expressed concern that the ordinance might be discriminatory with regard to the requirements on square footage and number of employees that can employed. Ad Hoc Committee members stated that the current trend is to differentiate between a business and a home occupation. The City has not received many complaints regarding instructional home based businesses. The Planning and Zoning Commission and Ad Hoc Committee have put a great deal of work and effort into the final ordinance, trying to be fair and sensitive to the community as well as small businesses. Ordinance No. 1714-4.99: An Ordinance of the City Council of the City of Allen, Coffin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-%, as Previously Amended, by Amending Section 2.10(67) Definitions to Amend the Definition of Home Occupation; by Amending Section 3.10 by Amending the Regulations Governing a Home Occupation; Providing a Severability Clause; Providing a Repealing Clause; Providing 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 an Effective Date. ALLEN CITY COUNCIL REGULAR MEETING I APRIL 15, 1999 PAGE MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the Council voted six (6) for and one (1) opposed with Councilmember Owen casting the negative vote, to approve and adopt Ordinance No. 17144-99 as previously captioned. The motion carried. Conduct a Public Hearing and Consider the Adoption of an (Agenda Item IX) Ordinance for a Zoning Change from Agriculture Open Space to Planned Development No. 75 for R-2 Single Family Residential on 2.249± Acres of Land Located South of Stacy Road and West of FM 1378 for the Taylor/Cameron Allen Development Planner Marcie Diamond reviewed the request to rezone 2.249 acres of land from A -O to single family uses. This tract of land was not within the City limits when Planned Development No. 75 was established. This property will serve as a buffer between the proposed single family and the existing elementary school The Planning and Zoning Commission recommended approval of the request subject to the Use and Area Regulations and Concept Plan for Planned Development No. 75. 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. Ordinance No. 17154-99: An Ordinance of the City Council of the City of Allen, Coffin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-% and Zoning Map, as Previously Amended, by Granting a Change of Zoning from Agriculture -Open Space (A -O) to Planned Development for R-2 Single Family Residential Uses by Amending Planned Development No. 75, Ordinance No. 1650-11-98, to Add 2.249 Acres in the George Fitzhugh Survey, Abstract No. 320, City of Allen, Coffin County, and Being Further Described in Exhibit "A" Attached Hereto; Providing for Development Regulations, land Use Plan, Concept Plan, and Open Space Plan Attached Hereto as Exhibits `B," "C," "D," and "E" 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. MOTION: Upon a motion made by Councilmember Fulk and a second by Mayor Pro Tem Kerr, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No 1715- E 4-99 as previously captioned and recommended. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING ( APRIL 15, 1999 PAGE 7 Conduct a Public Hearing and Consider the Adoption of an (Agenda Item X) Ordinance to Amend Tract 4 of Planned Development No. 55 and Consider Granting a Specific Use Permit to allow a Mini - Warehouse on 4.7614± Acres of Land Located at the Northeast Corner of Watters Road and Allen Central Drive as Requested by Allen Central Limited Planner Marcie Diamond reviewed the request to amend the Use and Area Regulations for Tract 4 of Planned Development No. 55 to allow for the construction of a mini -warehouse facility The Planning and Zoning Commission recommended approval of the request to allow the mini -warehouse by Specific Use Permit and grant approval of the Specific Use Permit with the following amendments 1) Screen air conditioning units from streets; 2) No outside storage will be permitted, 3) No synthetic stucco (Le EIFS) shall be used; 4) Continuous hedge of landscaping shall be installed and maintained behind the wrought iron fencing; and 5) Attachments shall be made a part of the Specific Use Permit (Concept Site Plan and Elevation Plan) Since receiving Planning and Zoning Commission approval, the proponent has revised the elevations, replaced the stucco exterior with brick and revised the fencing to include a combination of brick, wrought iron with brick columns and landscaping. Dave Denison, proponent, spoke in support of this project. Joe Gordon, 6958 Royal Lane, Dallas, Texas, reviewed some of the architectural and security features and parking 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 Discussion was held regarding whether a mini -warehouse was the highest and best use for this property When this Planned Development was originally established, the standards for this area did not include a stipulation for a mini -warehouse. Council expressed its desire to ensure continued maintenance of this facility Council felt the property to the south should be developed with a high quality development such as a garden office complex. Ordinance No. 1716-4-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-%, and Zoning Map, as Previously Amended, by Amending Planned Development No. 55, Ordinance No. 1226-3-94, Tract 4, to Allow Mini -Warehouse by Specific Use Permit (SUP) and Granting a Specific Use Permit with Conditions for Mini -Warehouse on 4,7614 Acres in the Michael See Survey, Abstract No. 543, City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached Hereto; Providing for a Site Plan, ALLEN CITY COUNCIL j REGULAR MEETING APRIL 15, 1999 PAGE 8 Exterior Elevations, and Amended Development Regulations for Tract 4 of a Planned Development No. 55, and Spec Use Permit Conditions Attached Hereto as Exhibits "B," "C," "D," and "E" 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 Sam of Two Thousand Dollars ($2,000) for Each Offense; and Providing for the Effective Date. MOTION: Upon a motion made by Councilmember Folk and a second by Councilmember Bartlemay the Council voted six (6) for and one (1) opposed with Councilmember Thomas casting the negative vote, to approve and adopt Ordinance No 1716-4-99 as previously captioned and recommended. The motion carried. Other Business (Agenda Item XI) A. Governance Self -Evaluation B. Calendar • April 17 - "Keep Allen Beautiful Day" - City-wide clean-up • May 8 - ALLEN ARTS FEST - Bethany Lakes Park • May 22 - BUSINESS EXPO - Joe Farmer Recreation Center • May 28 - Southwestern Legal Foundation Seminar - Omni Hotel in Richardson • June 12 - City Bond Election • June 26 - Allen USA Celebration at Allen Station Park • Summer Sounds Concert Series - Hillside Amphitheater - July 12; 19; 26; August 2; 9 • August 13-15 - Budget Workshop at Lake Texoma C. Items of Interest • May 6 - Policy Governance Seminar • Future Policy Agenda Topics Discussion was held as to whether to recommit to Policy Governance, either now or at a date certain or to repeal Policy Governance and its related resolutions Council will continue discussions at a future meeting including the budget workshop. Executive Session (Agenda Item XII) The Executive Session was not held Reconvene and Consider Action on Items Discussed During (Agenda Item XIII) Executive Session No action was considered due to the Executive Session not being held. ALLEN CITY COUNCIL REGULAR MEETING APRIL 15, 1999 PAGE 9 (Agenda Item XIV) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Counctlmember Owen, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10 18 p.m. on Thursday, April 15, 1999 The motion carried. These minutes approved on the 6th day of May, 1999 ATTEST: J y Mor n, CMC, CITY SECRETARY I APPROVED: Stephen Terrell, MAYOR