Min - City Council - 1998 - 07/02 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JULY 2, 1998
Present:
Stephen Terrell, Mayor
Councilmembers•
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Susan Banlemay
Kenneth Falk
Melissa Owen
City Staff:
Michael Stanger, Acting City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:23 P.M.
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 6:23 p.m. on Thursday, July 2, 1998, in the Council
Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Staff or Proponent Presentations (Agenda Item II)
A. Future Agenda Items
• Library Architect
Library Director Barbara Buehler informed the Council that she will be bringing forward a
schedule for the upcoming library construction project.
• Comprehensive Plan Hearing and Adoption
Community Development Director Bill Petty reviewed with the Council the upcoming
public hearing on the Comprehensive Plan for July 16.
• CIP Process
Community Development Director Bill Petty reviewed the need for the development of a
new CIP Plan (1999-2004). He suggested citizen involvement in the process.
• CDC Five -Year Work Program
Acting City Manager Michael Stanger presented the five-year CDC Work Program.
• Sign Ordinance Review
He also reviewed the background of the Sign Ordinance Review Staff requested guidance
from the Council regarding the options available. It was suggested the Sign Board review
the issue one more time then bring it to Council either "as is" or "with modifications."
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 2, 1998
PAGE
Council would like to have the Sign Board present their recommendations in August or
September. A Council workshop for public input needs to be scheduled. A possible
moratorium would only affect pole signs. Facial signs will be permitted. Other issues
regarding FM 121 and US 75 will be dealt with separately
B. Current Agenda Issues
Consent Agenda Item F, "Award Bid and Authorize Execution of a Contract for
Reconstruction of Asphalt Streets in the Allenwood Subdivision" was discussed. Discussion
was held regarding the paving of Keith in this project.
Consent Agenda Item G, "Set August 6, 1998, as the Public Hearing Date for Appeal of
Planning and Zoning Commission Recommendation to Deny Zoning Request to Place
Permanent Zoning on 119.98 Acres of Land Located West of US 75 and North of Rowlett
Creek" was discussed. Since the zoning will not change a permanent zoning item, a y. vote is
not needed. "AO" is not considered permanent zoning.
C. Items of Interest
There were no items of interest
Council Discissions (Agenda Item III)
There were no items discussed.
The Workshop Session was recessed at 7:06 p.m.
Executive Session (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 551075, the Allen City Council convened
into Executive Session at 7:10 p.m. on Thursday, July 2, 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 Lawsuit
• Personnel - Board Appointment
• Personnel - City Attorney
The Executive Session was adjourned at 8:00 p.m. on Thursday, July 2, 1998.
Reconvene and Consider Action on Items Discussed (Agenda Item V)
Durine Executive Session
The Allen City Council reconvened into regular session at 8:04 p.m. on Thursday, July 2, 1998, in
the Council Chambers of the Allen Public Library
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 2, 1998
PAGE 3
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Fulk, the
Council voted seven (7) for and none (0) opposed that nominations cease for the Planning and
Zoning Commission Place No. 5 Seat and that Kevin Kerr be appointed by acclamation to the
designated place on the Planning and Zoning Commission. The motion carried.
REGULAR MEETING - 8:04 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 8:04 p.m. on Thursday, July 2, 1998, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas.
CONSENT AGENDA
(Agenda Item VI)
MOTION: Upon a motion made by Councilmember Falk and a second by Mayor Pro Tem Kerr, 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 lune 18, 1998, Regular Meeting.
B. Approve Minutes of the June 23, 1998, Policy Governance Training.
C. Adopt an Ordinance Confirming Action of City Council on June 18, 1998, to Place Permanent
Zoning on 31.97± Acres of Land Located at the Southwest Comer of Proposed Future Alma
Drive and Ridgeview Drive.
Ordinance No. 1609-7-98: An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-%, As Previously Amended, an as
to Establish Permanent Zoning on the Following -Described Tract of Land: 31.97 Acres of
Land Located in the J. W. Parsons Survey, Abstract No. 705, City of Allen, Coffin County,
Texas, as Follows: Planted Development -Shopping Center No. 67 (PD -SC No. 67) on 31.97
Acres of Land; Providing for Exhibit "A" Land Use Plan; Providing for Exhibit 'B" Area
and Use Regulations; Providing for Exhibit "C" Legal Description; Providing for a Penalty
of Fine not to Exceed the Sam 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 June 18, 1998, to Place Permanent
Zoning on 71.25 Acres of Land Located at the Southwest Comer of Stacy Road and SH 5.
Ordinance No. 1610-7-98: An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-96, As Previously Amended, so as
to Establish Permanent Zoning on the Following -Described Tract of Land: 71.25 Acres of
Land Located in the Henry Wetsel Survey, Abstract No. 1026, City of Allen, Coffin
County, Texas, as Follows: Corridor Commercial (CC) on 13.75 Acres of Land, Shopping
Center (SC) on 14.0 Acres of Land, and Residential -5 (R-5) on 43.5 Acres of Land;
Providing for Exhibit "A" Land Use Plan; Providing for Exhibit 'B" Legal Description;
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 2, 1998
PAGE 4
Providing for a Penalty of Fine not to Exceed the Sam 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. Approve a Resolution Adopting Governance Policies.
Resolution No. 1611-7-98(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Adopting Governance Policies to Guide City Council and City
Staff in Providing Effective Leadership and Efficient Administration of City Government
to the Citizens of Allen; and Providing an Effective Date.
Award Bid and Authorize Execution of a Contract for Reconstruction of Asphalt Streets in the
Allenwood Subdivision.
Council approved the low bid of $312,222.40, set a budget of $350,000.00 and authorized the
Acting City Manager to enter into a contract with All -Tex Paving for ST -14, Phase 4.
G. Set August 6, 1998, as the Public Hearing Date for Appeal of Planning and Zoning
Commission Recommendation to Deny Zoning Request to Place Permanent Zoning on 119.98
Acres of Land Located West of US 75 and North of Rowlett Creek.
H. Set August 6, 1998, as the Public Hearing Date for Appeal of Planning and Zoning
Commission Recommendation to Deny Zoning Request to Place Permanent Zoning on 381.5±
Acres of Land Located West of US 75, South of Watters Crossing and North of Rowlett
Creek.
Set July 16, 1998, as the Public Hearings Date to Consider Annexation of a 67.80± Acre
Tract of Land Located South of Lovejoy ISD and West of FM 1378 as Requested by D. R.
Cameron & Associates.
J. Approve Bills Associated with the Capital Improvement Program.
H.B. Zachry, Co. (McDermott West/US 75 to Custer) $345,915.39
For: Six -lane Thoroughfare Construction
Funding Source: 1996 Street Bonds
Period: June 30, 1998
2. Ed Bell Construction Co. (ASPI-Cedar Drive) $110,223.01
For: Construction of Cedar Drive
Funding Source: CDC, 1997 Bonds
Period: lune 25, 1998
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 2, 1998
PAGE 5
3. Craig T Scott (Appraisal and Acquisition)
$2,250.00
For: Acquisition of Properties [300 Butler; 302 Butler; Rodenbaugh Addition South]
Funding Source: 1998 G. O. Bonds
Period: June 22, 1998
4. Stage II Furniture Company (Station #4)
$1,271.16
For: Furmmre
Funding Source: 1996 Public Safety Bonds
Period: June 1998
5. August Industries, Inc. (Station #4)
$657.25
For: Equipment
Funding Source: 1996 Public Safety Bonds
Period: June 4, 1998
6. Hencie International, Inc. (Collector Sidewalks)
$37,520.00
For Concrete Sidewalks
Funding Source: CDC Operating Funds
Period: May 1998
The motion carried.
End of Consent Aeenda
Council Committee Reports (Agenda Item VII)
Services:
• No Report.
Development Services:
• No Report.
Finance/Adntirtistration:
• Reviewed function of Committee and staff will report back to Council.
Mayor's Committee:
• Shelley Property
• Allen Economic Development Corporation Study
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 2, 1998 PAGE 6
Citizen's Comments (Agenda Item VIII)
Mr. Mike Paulda, 1518 Greenbriar, Allen, Texas, requested Council consider changes to the Home
Occupation Ordinance.
TABLED ITEM: Public Hearing to Consider the (Agenda Item Dq
Recommendation of the Planning and Zoning
Commission to Amend Floodplain -Plumed
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 Review Amendments to the (Agenda Item 7q
Parkland Dedication Ordinance
Parks and Recreation Director Don Horton informed Council that the Parkland Dedication Ordinance
was established to provide recreational areas in the form of neighborhood parks as a function of subdivision
development in the City of Allen. The City has acquired several parks through the Parkland Dedication
Ordinance. It is recommended that the City change the land dedication requirement to 100 units per acre.
With approximately 255 acres of neighborhood parks within the City of Allen yet to be developed, the City
could potentially realize $19,755,025 in parkland dedication fees/acres. Under the current ordinance,
approximately $3,983,850 would be realized. Staff will review the ordinance every two years to update as
needed.
Parks and Recreation Board Chair Mark Stout indicated the Park Board felt this was the best way to
keep up with the needs of the citizens.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Mr. Dale Richey, 1210 Bel Air Drive, Allen, Texas, asked about various small pieces of property not
being accepted by the city
Mr. Paul Cauduro, a staff member of HAB, expressed concerns regarding impact of fees on the
builders. He requested more equitable fees for homes vs. apartments; private park system issues and credits
be given; unusual characteristics be considered (slopes); and, how the fees will be used in zones. He
expressed the following concerns. impact on housing and tax burden.
Mr. Richey questioned the statements presented by Mr. Cauduro.
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 2, 1998
PAGE 7
This is for neighborhood parks only and for the actual development of the parks. The parks should be
built as soon as the money is collected for that area. When the two-year review of the ordinance takes place,
this issue should also be reviewed.
Ordinance No. 1612-7-98: An Ordinance of the City
of Alien, Collin County, Texas, Repealing Ordinance
No. 1102492 and Article IV, Chapter 11, of the
Code of Ordrtances, City of Allen, Texas; Providing
New Requirements for Parkland Dedication;
Providing for Necessary Planning for Open Space
Reservation and Park Development; Containing a
Savings Clause; and Providing for an Effective Date.
MOTION: Upon a motion by Councilmember Gallagher and a second by Councihnember Owen, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1612-7-98 as
previously captioned and as recommended. The motion carried.
Public Hearing to Consider the Recommendation of (Agenda Item XI)
the Planning and Zoning Commission to Rezone
10.02± Acres of Land Located at the Northeast
Corner of Bethany Drive and US 75 as Requested by
Second Century Investments
Community Development Director Bill Petty reviewed the background of this property The Planning
and Zoning Commission approved the recommendation adding "in the event that no building permit has been
issued (for any tract within) the entire property within one year, or a satisfactory letter of intent submitted for
construction of Tract 1 for hotel use, then the property will be developed under the Light Industrial -
Conditional District regulations.
Mr. Larry Masi, proponent, reviewed the process of attracting Hilton to the City of Allen. He was
able to show the dynamic growth of the city Hilton plans to open September 1999
Mr. Jeff Carroll reiterated the issues and criteria on the property
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Mr. Dale Richey, 1210 Be] Air Drive, Allen, Texas, spoke in opposition to the request. He does not
want a large, ugly hotel building and undesirable guests. He did not wish to have a service station at this
location.
Mr. Ted Pitman indicated we had recommendation of the Chamber and Small Business.
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
Questions were raised regarding the roofing, face materials and lighting.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 2, 1998 PAGE 8
A letter was received from Link Hospitality stating Hilton's intention to develop on this corner.
The facility will include a sit down restaurant, meeting rooms, etc.
The proponent was complimented on the uses as proposed on this project. They were again reminded
that this property is the entrance to the City
Economic Development Director David Pitstick indicated the AEDC's recommendation was with
certain understandings.
MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Bartlemay, the
Council voted seven (7) for and none (0) opposed to approve the recommendation of the
Plannmg and Zoning Commission with the following changes: 1) Insert a description of full
service hotel (sit down restaurant accessible from inside and meeting rooms); 2) Remove the
word "incandescent" from Item VI, F, 2, b; 3) Clarify Item VI, E, for construction to include
30% brick — minhnum with the remainder being stucco, concrete or glass; 4) Landscaping
meet or exceed existing landscaping ordinance in entire Planned Development; and 5) Delete
Item V, dealing with issuance of building permits and renumber remaining items. The motion
carried.
Public Hearing to Consider the Recommendation of (Agenda Item XII)
the Planning and Zoning Commission to Amend
Setbacks and Permitted Uses in Tract 4 of PD 54
Located at the Northeast Comer of McDermott
Drive and Watters Road as Requested by Janice B.
Community Development Director Bill Petty reviewed the request. The Planning and Zoning
Commission recommended reducing the setback along Watters Road to 50 feet and allowing a cleaning plant.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Mr. David Palmer, developer, stated that the project would be closed in August. The canopy allowed
for a service station is being requested for the cleaning plant.
Mr. Dale Richey questioned the height allowance, setbacks, roof themes, brick facing on buildings,
lighting and drainage.
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
With advances in the cleaning industry, the Planning and Zoning Commission felt assured that the
EPA had taken care of problems with plants and that this is no longer a threat to adjacent businesses.
$3,000,000 worth of pollution insurance for the cleaning plant would cover any problems that might arise.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 2, 1998
PAGE 9
MOTION: Upon a motion by Councilmember Falk and a second by Mayor Pro Tem Kerr, the Council
voted seven (7) for and none (0) opposed to approve the recommendation of the Planning and
Zoning Commission to approve the request as submitted, subject to the cleaning plant use being
limited to a maximum of 5,000 square feet. The motion carried.
Public Hearing to Consider the Recommendation of (Agenda Item 7IIH)
the Planning and Zoning Commission to Attach a
Specific Use Permit (SUP) for a Service Station
Located at the Southeast Comer of Main Street and
Allen Heights Drive m Requested by E-Systems Pool
Trust.
Community Development Director Bill Petty reviewed the request. He indicated there would be a
shared drive.
Mr. Robert Stengle of Dallas requested approval of this item. He reviewed the reversal of the car
wash.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Mr. Dale Richey, 1210 Be] Air Drive, Allen, Texas, expressed opposition to the convenience store
since it would bring cruse.
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
Council requested a smoother turn into the car wash since it is such a tight turn Council also
expressed concern about median cuts to this property Access will be available to this property
MOTION: Upon a motion by Councilmember Bartlemay and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to approve the recommendation of the
Planning and Zoning Commission with the change that the car wash entrance be switched. The
motion carried.
Approve the 1998-2000 City of Allen (Agenda Item XIV)
Communications and Marketing Plan
Consultant Mary Vail presented the imal Communication and Marketing Plan to Council.
Council expressed appreciation to Ms. Vail for this product.
Council suggested that certain training might be included as part of the process.
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council
voted seven (7) for and none (0) opposed to approve the Communications and Marketing Plan.
The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 2, 1998
Other Business
PAGE 10
(Agenda Item XV)
A.
Calendar
July 22 Early Voting Begins
July 30 Grand Opening of Home Depot
July 31 - August 2 Budget Retreat
August 8 TNRCC Special Election
August 18 FY 1998-99 Budget Public Hearing
B
Items of Interest
• Council expressed congratulations to the newly promoted Police Sergeants.
• City Secretary Judy Morrison asked Council to review the City Manager Search Brochure
from The Oldani Group and return comments by Wednesday Council requested the
search schedule be compressed.
• Property acquisition along Butler Drive is complete.
• Utility Billing's new system will go on line July 20.
• Discussion was held regarding the recommendation that various boards present their
recommendations to the Council. Since there are majority and minority findings. the
Planning and Zoning Commission could be asked to be on-call. Public Hearings on policy
changes or major cases could require board representation at the meeting.
Adjourn
(Agenda Item XVI)
MOTION:
Upon a motion made by Councihnember Thomas and a second by Mayor Pro Tem Kerr, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 11.15 p.m. on Thursday, July 2, 1998. The motion carried.
These minutes approved on the 16th day of Jud, 1998.
APPROVED:
Z
Stephen Terrell, MAYOR
ATTEST:
�t/1c� C
dy M on, ITY SECRETARY