Min - City Council - 1998 - 09/03 - RegularI
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 3, 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 Ouoram 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 6:35 p.m on Thursday, September 3, 1998, in
the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Discuss Current Agenda
(Agenda Item II)
Statutory Agenda Item B, "Amend Project Budget and Authorize Change Order for Curb and
Driveway Replacement in Allenwood Addition." Discussion was held regarding the roadwork in Allenwood.
A question was raised whether it would be a conflict of interest to vote on the Allenwood item if a
Councilmember owned property in the area Council was informed there is no conflict.
Consent Agenda Item H, "Approve a Resolution Authorizing the Removal of Delinquent Taxes from
the Tax Rolls on Real Property that has been Delinquent for more than 20 Years and on Personal Property
that has been Delinquent for more than 10 Years." A question was raised regarding delinquent taxes. Staff
will research this item and report back to Council.
Policy Agenda (Agenda Item III)
Quality of Life Policy, Philosophy/Environmental Scan
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• Apartment Design
Senior Planner Marcie Diamond introduced the two speakers for the evening: Mr.
Stanford Lynch, owner of a private development in Los Colinas, and Ms Phyllis Jerrell,
Planning Director for the City of Plano.
Mr. Lynch stated in order to maintain long-term quality, he felt an organization similar to
a homeowners association needed to be established to fulfill this need. The land is placed
under a declaration and is filed "of record." The restrictions provide for types of
building materials, quality, drainage, etc. A three-person architectural board is
established to review new property and any changes to old property The board examines
the exterior of buildings and landscaping including parking and drainage. Violators are
notified by a letter and may go to court or estoppels. The values in Los Colinas remain
the highest in the metroplex because of the inspection and enforcement of the building
restrictions. The City is responsible for inspecting the inside of buildings and is able to
require improvements to meet code through ordinance
Ms. Jerrell stated that the City of Plano formed a committee in 1991 composed of
Planning and Zoning Commission members, homeowners, and apartment developers. The
committee designed a set of multi -family guidelines and sections have been codified into
ordinances Plano developed maximum numbers in an area There were location
standards rather than a set percentage of multi -family versus single family units. Some of
the east side apartments were updated through block grants, no or low interest loans, etc.
Property Maintenance Codes prevent deterioration from happening. Developers
appreciate knowing up -front what the City is looking for and they try to comply
Council requested additional information regarding interior/exterior inspections.
Many cities have mandatory inspections when there is a property turnover.
B. Revitalization Plan for Boards and Commissions
• Select One or More Boards for Attention First
The workshop session was recessed at 7:24 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 41 p in on Thursday, September 3, 1998, in the Council Chambers of the
Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
IPublic Recognition (Agenda Item IV)
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REGULAR MEETING
SEPTEMBER 3, 1998
PAGE 3
• Introduce Volunteer Police Chaplains
Police Chief Bill Rushing announced a new program developed in the Police Department which
provides a volunteer chaplain who will provide a sensitive response in certain times of need to
family members. The program will be a volunteer program and consist of one chaplain and five
associate chaplains. The volunteer chaplain is Reverend Palmer and the five associate chaplains
will consist of the Reverend Kristi Rosset, Reverend Ted Nelson, Reverend Dale Gregoriew,
Reverend John Mark Caton, and Reverend Shawn French.
• Citizens' Comments
There were no citizens' comments.
(Agenda Item V)
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 approve and adopt all items on the
Consent Agenda as recommended and as follows:
A. Approve Minutes of the August 18, 1998, Public Hearing on the FY 1998-99 Budget.
B. Approve Minutes of the August 20, 1998, Regular Meeting,
C. Accept Resignations and Declare Vacancies on the Sign Control Board.
Council accepted resignations from David Leonard, Place No. 1 and Jeff Nolan, Place No. 4
and declared vacancies in these places.
D Approve a Resolution Approving Certification of Anticipated Tax Collection Rate for the City
of Allen, Collin County, Texas, for the 1998-99 Taxable Year.
Resolution No. 1627-9-98(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas, Approving Certification of Anticipated Tax Collection Rate for the City of
Allen, Collin County, Texas, for the 1998-99 Taxable Year.
E. Approve the Certification of Debt Service Payments and Fund Balances as of September 30,
1998.
F Approve the Certification of Excess Debt Service Collections for the Taxable Year 1998-99
G. Approve a Resolution Accepting the 1998 Appraisal Roll as Approved by the Collin County
Appraisal Review Board.
Resolution No. 1628-9-98(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas, Approving the 1998 Appraisal Roll as Approved by the Collin County
Appraisal Review Board.
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SEPTEMBER 3, 1998
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H Approve a Resolution Authorizing the Removal of Delinquent Taxes from the Tax Rolls on
Real Property that has been Delinquent for more than 20 Years and on Personal Property that
has been Delinquent for more than 10 Years.
Resolution No. 1629-9-98(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas, Authorizing the Removal of Delinquent Taxes from the Tax Rolls of Real
Property that has been Delinquent for More than 20 Years and of Personal Property that
has been Delinquent for More than 10 Years as Required by Senate Bill 772.
Receive Tax Assessor -Collector's Quarterly Report.
The motion carried.
Statutory Aeenda (Agenda Item VI)
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 approve and adopt all items on the
Statutory Agenda as recommended and as follows:
A. Authorize the Allen High School Touchdown Club to Charge an Entrance Fee at Allen
Station Park for Two Activities in Conjunction with Allen Sports Association.
Council authorized the Touchdown Club's request to utilize Allen Station Park for its two
after game events, to waive the fee as provided in Ordinance No. 11-39 and allow the Club to
charge a $5.00 entrance fee to abide by UIL requirements.
B. Amend Project Budget and Authorize Change Order for Curb and Driveway Replacement in
Allenwood Addition.
Council authorized the change order for curb and driveway replacement in the Allenwood
Addition and amended the budget to include an additional $188,740 for a total budget of
$500,962.40.
C Authorize Execution of Contract and Approve Project of $550,000 by the Allen Community
Development Corporation for a Heavy Rescue Vehicle.
Council authorized the Acting City Manager to execute a contract for the purchase of a heavy
rescue vehicle through the Houston -Galveston Area Council and set a total budget of
$550,000 including $358,937 for the vehicle, $141,063 for the specialized equipment, and
$50,000 for contingency
The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 3, 1998
PAGES
TABLED ITEM: Public Hearing to Consider the (Agenda ItemVID
Recommendation of the Sign Control Board to
Amend the Sign Regulations Ordinance
MOTION: Upon a motion by Councilmember Gallagher and a second by Mayor Pro Tem Kerr, the
Council voted seven (7) for and none (0) opposed to remove this item from the table. The
motion carried.
Councilmember Thomas and Ms. Debbie Cosgrove presented results of the Ad Hoc Committee's
work on the sign ordinance. The Committee followed these Rules of Engagement.
• Honest Responses - Acknowledge Different Views
• Agree to Disagree, but before Disagreeing, Paraphrase the Other Person
• Brainstorm - There are no dumb ideas!
• Buy into and Support the Group's Decision
• Recognize need for Confidentiality of Group
• Staff will be Available and Act as a Resource if there are Questions
Several highlights of the presentation points included:
1. The Committee agreed in the start and at the conclusion to support the committee's
recommendation to the Council as a whole
2. Pole signs will only be allowed along U S. 75 within a 100 -foot setback.
3 Any new billboards shall be prohibited. Existing billboards shall be allowed to remain and be
renewed annually
4. In all areas of the City, with the exclusion of U.S. 75, monument signs will be required.
Multi -tenant signs shall be allowed with 150 ft. of copy Additional structure for architectural
enhancements shall be allowed up to a maximum of 75 sq. ft. Monument signs shall be
limited to 15 feet in height, measured from top of curb of the adjacent street.
Single -tenant monument signs shall be limited to 60 sq. ft. of copy Additional structure for
architectural enhancements shall be allowed up to a maximum of 30 sq. ft. Single -tenant
monument signs shall be limited to 8 feet in height, measured from the top of curb of the
adjacent street.
The increase in size for architectural enhancements must be brick, masonry, or similar
materials.
�,{ 5. Setbacks are required for multi -tenant signs as follows: 30 feet frm adjoining private
® property, 60 feet from other free-standing sign, 30 feet from right-of-way, 25 feet from drive
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SEPTEMBER 3, 1998
PAGE 6
cuts, and 100 feet from single family Setbacks for single -tenant signs are the same except
for 15 feet from right-of-way
6. S H. 121 shall be limited to monument signs as described above Pole signs and billboards
are prohibited.
7 An engineer's certification of wind load will be required on all signs.
8. Zoning districts for apartments or office will be required to have monument signs only,
maximum of 30 sq ft. at 6 feet in height, with an additional 15 feet of structure for
architectural enhancement. Public, charitable, and religious districts; i e , schools, churches,
etc., will be required to have monument signs that follow the retail and commercial district
requirements.
9 Artistic murals may be allowed by Special Exception after following the variance procedures
through the Sign Board and City Council.
10. Nonconforming signs that are removed for repair will be allowed 60 days, with a 60 -day
extension upon proof of effort that the repair is in progress.
11. Nonconforming signs would be allowed providing there is no significant change in nature or
intent or relocation of the sign.
12 Variances will be allowed only to the height, area, or bulk of the sign only, and not to the text
of the ordinance as a whole.
13. Sign Plans that adhere 100% to the ordinance requirements shall be approved by staff If
variances are included, they shall follow the variance procedures through the Sign Board and
City Council.
14 Retail and Commercial Districts is revised as follows:
Adiacent to U.S 75: 1 multi -tenant pole sign is allowed, 30 feet high and 150 sq. ft., One
additional monument style is allowed 8 ft. high and 60 sq. ft. (with an additional 30 sq. ft. for
structure) at intersections of two major thoroughfares. Multi -tenant signs for properties less
than 5 acres are allowed a pole sign 20 ft high and 60 sq. ft.
Adiacent to U.S. 75: 1 single -tenant pole sign is allowed, 60 sq. ft. and 20 ft high.
If monument signs are requested adjacent to U.S. 75, then the requirements for monument
signs will be followed.
Not Adiacent to U.S 75: 1 multi -tenant monument sign is allowed, 15 feet high, 150 sq. ft.
(with an additional 75 sq. ft. for structure); one additional monument type sign is allowed at 8
ft. high and 60 sq. ft. (with an additional 30 sq ft for structure) at the intersection of two
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REGULAR MEETING
SEPTEMBER 3, 1998
PAGE 7
major thoroughfares. Multi -tenant signs for properties 2.1 to 5 acres are allowed a monument
sign 8 ft high and 80 sq. ft. (with an additional 30 sq. ft. for structure). Multi -tenant signs for
properties 2 acres or less are allowed a monument sign 8 ft high and 60 sq. ft. (with an
additional 30 sq. ft. for structure)
Not Adiacent to U.S 75 A single -tenant monument sign is allowed at 8 ft. high and 60 sq ft.
(with an additional 30 sq. ft. for structure).
15. Legal Opinions: 1) condemnation of any existing sign for purposes of mandatory removal
requires that the City pay total compensation based upon findings of an appointed board
consisting of two certified commercial appraisers, one architect, one member of the sign
industry, and one representative from the State Highway Dept Therefore, no mandatory
removal is required by this ordinance for the existing signs, and they will be brought into
conformance over a period of time, hopefully through attrition.
2) a variance that has been granted by the City through a sign plan or otherwise is binding on
the City; therefore, any future permit submitted in conformance with the variance approval
must be allowed.
Monument signs will be required throughout Allen Setbacks are required for multi -tenant signs,
zoning districts for apartments or office, and for businesses that meet the requirements of retail and
commercial districts. Six-foot monument signs will be allowed for apartments and offices. 15 -foot signs will
be allowed for shopping centers and multi -tenant signs. The rest of the City will require eight -foot signs. The
Committee recommended incentives for businesses using monument signs along US 75
Staff reviewed possible locations for the 15 -foot monument signs.
Council requested clarification on several issues.
The Central Business District will follow these guidelines until the completion of their study at which
time an overlay may take effect as Council desires.
Council reviewed the sign ordinance dateline and the formation of the Ad Hoc Committee.
Ordinance No. 1630-9-98: An Ordinance of the City
Council of the City of Allen, Collin County, Texas,
Repealing Ordinance No. 1198-9-93 and the
Amendments Thereto, Including Ordinance Nos.
1217-1-94, 1307-12-94, 1367.9-95, 1416-3-96, and
1603-5-98; and Adopting New Regulations
Concerning the Erection, Construction, Repair,
Placement, Height, Area, and Maintenance of Signs
in the City of Allen; Providing for the Issuance of
Permits and Collection of Fees Therefor; Providing
for the Continuation of the Sign Board; Providing for
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SEPTEMBER 3, 1998 PAGE 8
Application for Variance or Appeal; Providing for
Inspection; Providing for the Responsibility for
Violations; Providing for Removal; Providing a
Penalty for the Violation of this Ordinance; Providing
a Validity Clause; and Providing an Effective Date.
MOTION: Upon a motion by Councilmember Bartlemay and a second by Mayor Pro Tem Kerr, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1630-9-98 as
previously captioned and as recommended by the Sign Control Board and the Ad Hoc
Committee with the following amendments: multi -tenant eight -foot monument signs shall be
allowed with a 15 -foot setback, monument signs taller than eight feet shall be required to
maintain a 30 -foot setback. The motion carried.
Approve the Following Items Related to Fiscal Year (Agenda Item VIII)
1998-99 Budget.
A. Adopt an Ordinance Setting the Appropriations
Ordinance No. 1631-9-98: An Ordinance of the City of Allen, Collin County, Texas,
Amending the Appropriations for the 1997-98 Fiscal Year Budget and Approving and
Adopting the Budget and Setting Appropriations for the Fiscal Year Beginning October
1, 1998, and Terminating September 30, 1999; and Providing for an Effective Date.
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1631-9-98 as
previously captioned. The motion carried.
B. Adopt an Ordinance Setting the Tax Rate
Ordinance No. 1632-9-98: An Ordinance of the City of Allen, Collin County, Texas,
Setting, Fixing, and Adopting the Tax Rate for the City of Allen, Texas, for the Fiscal
Year Beginning October 1, 1998, and Ending September 30, 1999; and Providing an
Effective Date for this Ordinance.
MOTION: Upon a motion by Councilmember Fulk and a second by Councilmember Owen, the Council
voted seven (7) for and none (0) opposed to approve Ordinance No 1632-9-98 as previously
captioned. The motion carried.
Public Hearing to Consider the Recommendation of (Agenda Item M
the Planning and Zoning Commission 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
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REGULAR MEETING
SEPTEMBER 3, 1998
PAGE 9
Planner Marcie Diamond reviewed the request to provide various uses and development restrictions
to assure compatibility with the proposed residential developments to the south and the southeast. Use and
Area regulations and the Tract Map designate a 300 -foot area, which abuts single family zoning. Within this
area, uses that are least compatible with residential are prohibited. There are restrictions that no loading
areas would be permitted within this 300 -foot area to minimize truck traffic in close proximity to the
residential. Pharmacy and drug manufacturing are allowed uses but require a 300 -foot setback
The proponent, Ms. Linda Jordan of P.B.S.&J., expressed agreement with the staff report.
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 access across railroad tracks. In addition, the development may
require traffic signals due to traffic generation if access across railroad tracks is not accomplished.
The proponent will execute a facilities agreement prior to completion of final plat.
Council requested that if the signal is needed, the cost should be shared between the two properties.
MOTION: Upon a motion by Councilmember Fulk 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 following amendments. 1) facilities agreement be executed prior
to issuance of final plat; 2) Drug/pharmaceutical manufacturing uses be allowed with a 300 -foot
setback; and 3) in the event that an east/west collector street is not able to gain access to the US
75 service road and the traffic generated at Stacy Road requires signalization, the pro rata share
for signalization shall be required of the proponent. The motion carried
Public Hearing to Consider the Recommendation (Agenda Item 7Q
of the Planning and Zoning Commission to Place
Permanent Zoning of Corridor Commercial on
Approximately 72.02 Acres of Land Located South
of Stacy Road and East of US 75
Planner Marcie Diamond reviewed the request to place permanent zoning of Corridor Commercial
District zoning on 72.02 acres of land.
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
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REGULAR MEETING
SEPTEMBER 3, 1998 PAGE 12
Public Hearing to Consider the Recommendation of (Agenda Item XIII)
the Planning and Zoning Commission to Place a
Specific Use Permit for Service Station on Property
Located at the Southwest Corner of Bethany Drive
and Allen Heights Drive
Planner Marcie Diamond reviewed the request for a 2.4 -acre tract of land that is planned to be
developed with shopping center uses. The creek will provide a natural buffer from the retail area to the
existing single family development known as Heritage Park. Dedication of rights-of-way along Bethany and
Allen Heights are indicated that will facilitate intersection improvements
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.
Mr. Donald Silverton, proponent, informed Council the Kroger shopping center is using the same
design elements of the Joe Farmer Recreation Center The park will be real asset to this center.
MOTION: Upon a motion by Councilmember Fulk 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 to place a Specific Use Permit for a Service Station at the southwest corner
of Bethany and Allen Heights. The motion carried.
Executive Session (Agenda Item XIV)
The Executive Session was not held.
Reconvene and Consider Action on Items Discussed (Agenda Item XV)
During Executive Session
Governance Self -Evaluation (Agenda Item XVI)
No discussion was held.
Other Business (Agenda Item XVII)
A Central Business District (CBD) Study Scope of Policy
Acting City Manager Michael Stanger indicated Staff would like Council's thoughts on what
C� they want from the study Council discussed the following questions:
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SEPTEMBER 3, 1998
PAGE 13
1. Should the CBD be a Revenue Producer, Neutral or Loss?
2. What do we want in the core of the CBD?
3. What kind of support for the final product would be available? Merchants association,
etc ? financing?
4. What infrastructure for streets and roads?
The AEDC will partially fund the study and provide the Council options and see the
implication of revenue, infrastructure. Council would like a choice of ideas and they will make
decisions as we go through the process. Staff was asked to think outside the box.
B. Board Appointments
C. Calendar
• Consider Dates for Joint Meeting with AISD Board
A tentative date was set for October 22.
• TML Annual Conference — October 28-31, 1998
D. Items of Interest
e
• Acknowledge Conflict of Interest Information
(Agenda Item XVIII)
MOTION: Upon a motion made by Councilmember Owen and a second by Councdmember Gallagher,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 11:45 p.m. on Thursday, September 3, 1998. The motion carried.
These minutes approved on the 17th day of September, 1998.
APPROVED:
2 -.-_ Sd/
Stephen Terrell, MAYOR
04WISI.`YW
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Judf Mo n, CMC, CITY SECRETARY