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Min - City Council - 1998 - 10/01 - RegularALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 Present: Stephen Terrell, Mayor Couneilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas (absent) 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 Ouorum is Present (Agenda Item 1) With a quorum of the Councihnembers present, dinner and the pre -meeting workshop session of the Allen City Council was called to order by Mayor Terrell at 6:25 p.m. on Thursday, October 1, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Discuss Current Aeenda (Agenda Item II) There was no discussion held regarding current agenda items. Policy Aeenda (Agenda Item IH) A. Quality of Life Policy Partnership Discussion and Public Comment • Minimum Housing Standards Mr John Green indicated he and his group will have an opinion that will be forthcoming at another meeting. The next step in this process is to develop an ends policy This can be done at another meeting. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 I VtH*) Additional information was requested on the interior inspection process of apartments. The Health Inspection Ordinance allows for the Municipal Judge to process a search warrant if needed. The apartment could have a process for a search on a scheduled new occupancy or change of occupancy basis. Some cities also do on an annual or biannual basis. Potential problems occur with adequate staffing to enforce and monitor this process. B Revitalization Plan for Boards and Commissions • Report by Ad Hoc Committee The Ad Hoc Committee would like to create a template of By-laws for each Board and Commission. C. Consider Amending Governance Process Policy 2.6 to Add Mayor's Committee and Delegate Certain Responsibilities, and to Eliminate the linerboard Committee. • Members agreed to content of the proposed Resolution and will appear on the October 15 Consent Agenda for approval. There was no action taken. The workshop session recessed at 6:55 p.m. Executive Session (Agenda Item XIII) In accordance with The Texas 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 7:00 p.m. on Thursday, October 1, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to: • Litigation - City of Parker Settlement • Personnel - Evaluation of Council -Municipal Judge Relationship According to Policy 4.5, Council/Staff Linkage • Personnel - Evaluation of Council -City Secretary Relationship According to Policy 4.6, Council/Staff Linkage. • Personnel NTMWD (North Texas Municipal Water District) Board Appointments The Executive Session adjourned at 7:35 p.m. Reconvene and Consider Action on Items Discussed (Agenda Item XM Durin¢ Executive Session There was no action taken on items discussed in Executive Session. REGULAR MEETING L4 g ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 PAGE With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 7.45 p.m. on Thursday, October 1, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas Councilmember Gallagher left the Council bench. Public Rmoenition (Agenda Item IV) • Administer Oaths -of -Office and Present Certificates -of -Appointment to Reappointed and Newly Appointed Members of Various City Boards. City Secretary Judy Morrison administered the Oaths -of -Office to the following newly appointed and reappointed members of the Board of Adjustment, Cable TV & Telecommunications Advisory Committee, Allen Community Development Corporation, Economic Development Corporation, Keep Allen Beautiful Board, Library Board, Parks and Recreation Board, Planning and Zoning Commission, Sign Control Board and the Health Officer. Board of Adiustment Expiration Date Place No. 2 Robert Engle September 30, 2000 Place No. 4 David Prall September 30, 2000 Alternate Place No. 2 Jerry Higgins September 30, 2000 Cable TV & Telecommunications Advisory Committee Expiration Date Place No. 2 Carl M. Johnson September 30, 2000 Place No. 4 Eric Willard September 30, 2000 Place No. 6 Remy Tholen September 30, 2000 Community Development Development CoMoration Expiration Date Place No. 2 Claudia Kelley September 30, 2000 Place No. 4 Debbie Stout September 30, 2000 Place No. 6 Carl Clemencich, Jr. September 30, 2000 Economic Development Economic Development Coloration Expiration Date Place No. 4 John Prier September 30, 2001 Place No. 5 Jim Brazeal September 30, 2001 Keep Allen Beautiful Expiration Date Place No. 2 Brent Horak September 30, 2000 Place No. 4 Patricia Buckley September 30, 2000 Place No. 6 Melissa Owen September 30, 2000 ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 Allen Library Board Expiration Date Place No. 2 Frank Snidow September 30, 2000 Place No 4 Rhonda Page Grigg September 30, 2000 Place No. 6 Deloris Teel September 30, 2000 Parks and Recreation Board Expiration Date Place No. 2 Kevin Pierce September 30, 2000 Place No. 4 Jim Waldbauer September 30, 2000 Place No. 6 Anne Campbell September 30, 2000 Planning and Zoning Commission Expiration Date Place No. 2 Mark Pacheco September 30, 2000 Place No. 4 Ross Obermeyer September 30, 2000 Place No. 6 Pamela Smith September 30, 2000 Sign Control Board Expiration Date Place No. 1 Steven Knaack September 30, 2000 Place No. 2 Kenneth Harvey September 30, 1998 Place No. 4 Fritz Dietrich September 30, 2000 City Health Officer Expiration Date City Health Officer John Connolly September 30, 2000 PAGE 4 Mayor Terrell presented those attending a Certificate -of -Appointment certifying their new position and expressed a welcome and a sincere thanks to the members who are serving their community Several members were not able to attend the Council meeting and will receive their Oaths -of - Office and Certificates -of -Appointment at a later time. • Citizens' Comments Police Chief Bill Rushing introduced the new Captain of the Support Services Division, Captain Robert Flores. (Agenda Item V) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council voted five (5) 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 September 17, 1998, Regular Meeting. El B. Consider Authorizing Mayor to Execute an Engagement Letter with KPMG Peat Marwick for Annual Financial Audit. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 PAGE 5 Council authorized the Mayor to execute an engagement letter with KPMG Peat Marwick for the Annual Financial Audit for an amount of approximately $33,000. C. Receive Capital Improvements Program Status Report. The motion carried. Statutory Aeenda (Agenda Item VI) MOTION: Upon a motion made by Mayor Pro Tem Kerr, the Council removed the following items from the Statutory Agenda: B. Adopt an Ordinance Confirming Action of City Council on September 17, 1998, 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. D. Adopt an Ordinance Confirming Action of City Council on September 17, 1998, to Establish Planned Development Zoning on 64.09V Acres of Land Located South of Bethany Drive and West of FM 2551. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council voted five (5) for and none (0) opposed to approve and adopt all remaining items on the Statutory Agenda as recommended and as follows: A. Adopt an Ordinance Confirming Action of City Council on September 3, 1998, to Place Permanent Zoning of Residential -5 and Corridor Commercial on Property Located between Alma Drive and Walters Road along the Future Extension of Ridgeview Drive. Ordinance No. 1638-10-98: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, by Establishing Permanent Zoning, to -wit: Flood Plain -Planned Development No. 72 (FP -PD NO. 72), on Tracts At, A2 and A4, and Corridor Commercial (CC) on Tracts BI and B2, and Residential -5 (R-5) on Tract B3, All of Which are Located on the Following -Described Tract of Land: 355.1919 Acres in the J. W. Parsons Survey, Abstract No. 705, the H. Brandenburg Survey, Abstract No. 110, and the H. Seaborn and Robert Clements Survey, Abstract No. 879, City of Allen, Collin County Texas; Providing for Exhibit "A" Land Use Plan, Exhibit "B" Area and Use Regulations, And Exhibit "C" FAA Height Restrictions Relating to Kittyhawk Estates, and Exhibit "D" Legal Description; Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000.00) and Providing for the Effective Date of Said Ordinance. R ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 PAGE 6 C. Adopt an Ordinance Confirming Action of City Council on September 17, 1998, to Place Permanent Zoning of Flood Plain -Planned Development on 13.736 Acres of Land Located at the Southwest Corner of McDermott Drive and Suncreek Drive. Ordinance No. 1639-10-98: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, by Establishing Permanent Zoning, to -wit Flood Plain -Planned Development No. 71 (FP -PD NO. 71), on the Following -Described Tract of Land: 13.736 Acres in the Alfred Slack Survey, Abstract No. 854, The Joab Butler Survey, Abstract No. 47, and the James Wilcox Survey, Abstract No. 1018, City of Alen, Collin County, Texas; Providing for Exhibit "A" Land Use Plan, Exhibit `B" Area and Use Regulations, and 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. The motion carried. D Adopt an Ordinance Confirming Action of City Council on September 17, 1998, to Establish Planned Development Zoning on 64.09± Acres of Land Located South of Bethany Drive and a West of FM 2551. Mr. Ron Haynes, proponent, spoke to the request. He suggested the entire property be zoned R-6 rather than a split of R-5 and R-7 since the western border is zoned R-7 and the north and east are border by two six -lane divided highways. The cost of drainage is very substantial in this area. Mr. Haynes asked the Council to either reject all zoning and start over or to zone the property as R-6. He suggested he would speak with the Park Director regarding the park/open space. The Park Director asked it not be zoned as park/open space at this time but at the time of platting it will be considered. Ordinance No. 1640.10-98: An Ordinance of the City of Allen, Colin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-%, as Previously Amended, by Establishing Permanent zoning, to -wit: Planned Development No. 70 (PD NO. 70), on the Following -Described Tract of Land: 64.09 Acres in the D. B. Hearne Survey, Abstract No. 427, City of Allen, Collin County, Texas, Providing for Exhibit "A" Land Use Plan, Exhibit "B" Area and Use Regulations, and Exhibit "C" 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 Severability Clause; and Providing for the Effective Date of Said Ordinance. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council voted five (5) for and none (0) opposed to approve Ordinance No. 1640-10-98 as previously captioned with the following amendments. 1) The lots with a minimum of 6,000 square feet shall be developed under the R-6 district regulations; and 2) A maximum of 162 single-family residential dwelling units shall be permitted. The motion carried ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 PAGE 7 B. Adopt an Ordinance Confirming Action of City Council on September 17, 1998, 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 MOTION: A motion was made by Mayor Pro Tem Kerr and seconded by Councilmember Fulk to deny this item as recommended by the Planning and Zoning Commission and to return the original zoning of R-4 and R-5. Mr. Bob Shelton, proponent, spoke in favor of the zoning and did not understand reconsideration of the zoning as now requested by Council. Council explained the 7,500 square foot lot and street development. Also, there is no buffering in this plan. The proponent indicated there is no neighborhood opposition to this proposal and addressed the critical issues to Council. Council requested R-4 and R-5 zoning. Council suggested: L Acreage sold to the school would reduce the cap by that percentage. 2. Provide screening along perimeter of tract unlike backyard fencing. Will have berm with landscaping or brick wall. 3 Larger homes be built adjacent to the larger homes on the other property East, west and south of Allen Heights will be R-4 next to Buckingham Estates. Council requested that R- 6 not be located in one cluster. 4. Screening along cul-de-sacs shall be wrought iron. Berms would be used as buffers on perimeter roads as noted by code and general regulations A4. Councilmember Fulk withdrew his second The motion died due to lack of a second. Ordinance No. 1641-10-98: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-%, as Previously Amended, by Establishing Permanent Zoning, to -wit: Flood Plain -Planed Development No. 69 (FP -PD NO. 69), on the Following -Described Tract of Land: 376.745 Acres in the James Roberts Survey, Abstract No. 777, City of Allen, Coffin County, Texas; Providing for Exhibit "A" Land Use Plan, Exhibit "B" Area and Use Regulations, and Exhibit "C" 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 Severability Clause; and Providing for the Effective Date of Said Ordinance. I ALLEN CITY COUNCIL t REGULAR MEETING OCTOBER 1, 1998 PAGE 8 MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council voted five (5) for and none (0) opposed to reconsider this Agenda Item and to approve Ordinance No. 1641-10-98 as previously captioned with the Planned Development general regulations being amended by the following: • No. 1. The total number of lots will be reduced by a factor of 3.6 times the number of gross acres, conveyed, sold or dedicated for any public school site. - SF -1 - Single -Family District regulations shall apply to lots located (i) west of new Allen Heights Road as shown on the zoning exhibit; (ii) between new Allen Heights Road as shown on the zoning exhibit and the creek located in the northwestern corner of the property (and generally north of the east -west collector road as shown on the zoning exhibit); and (iii) south of and within 400 -feet of the east -west collector road as shown on the zoning exhibit and east of and within 1,300 feet of the new Allen Heights Road as shown on the zoning exhibit. - SF -3 - Single Family District lots shall be grouped into at least three different areas, each of which will be separated from other SF -3 areas by (i) collector road; (it) SF -1 or SF -2 lots; (iii) green belt; (iv) park site; (v) school site; (vi) open space; (vii) amenity center; (viii) flood plain; or (tx) any other non SF -3 lot. • No. 4: No wood fences shall be allowed along Stacy Road, Malone Road, Exchange Parkway or Allen Heights. The perimeter along such streets shall include a 3 foot landscaped berm, masonary screening wall or combination thereof with wrought iron to be used on cul-de-sacs. • Add No. 10: Common areas shall be maintained by a Homeowner's Association with appropriate covenants, conditions and restrictions assuring such maintenance to be submitted to the City prior to plat approval. The motion carried. Public Hearing to Consider the Recommendation of (Agenda Item VII) the Planning and Zoning Commission for Approval of an Amendment to Tract B of Planned Development 33, Located South of FM 2170 and West of Allen Heights Drive to Allow a Cleaning Plant -Laundry as Requested by Mr. Josh Josherand of MCF Design Group on behalf of the Owner, Fox Micro International Planner Marcie Diamond reviewed the request to amend Planned Development No. 33 to permit a Cleaning Plant, Laundry In the past, a cleaning plant with a maximum of 3,000 square feet was a permitted use in all shopping center districts. However, in the recent revision to the Zonmg Ordinance, this use was permitted only in industrial districts due to the hazardous materials used and the noxious odors which could negatively impact abutting retail uses. Recently, changes have been made in the chemicals used in the cleaning process that prevents the problems of past cleaning plants. The Planning and Zoning Commission recommended approval of the request with staffs recommendation to set a maximum square footage of 4,000 square feet for the Cleaning Plant, Laundry in Tract B of Planned Development No. 33. Mr. Josh Josherand, proponent, requested approval of this request ALLEN CITY COUNCIL t REGULAR MEETING OCTOBER 1, 1998 PAGE 9 The adjoining homeowners have been notified with no opposition noted. 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. MOTION: Upon a motion by Councilmember Fulk and a second by Councilmember Banlemay, the Council voted five (5) for and none (0) opposed to approve the recommendation of the Planning and Zoning Commission for this request. The motion carried. Public Hearing to Consider the Recommendation of (Agenda Item VIII) the Planning and Zoning Commission for Approval of an Amendment to Tract 10 of Planned Development No. 55 for Millennium (West) Office Park Located at the Northwest Comer of Bethany Drive and US 75 Councilmember Gallagher returned to the Council bench. Planner Marcie Diamond reviewed the request. The subject property is Tract 10 of Planned Development No. 55 which was originally zoned in 1987 for Hospital and Commercial uses with various development standards. This request is to divide this 55t acre parcel into three tracts, 10A, B and C The current plans indicate two collector thoroughfares dividing these three tracts. At the time of platting, various intersection improvements may be needed depending upon the development densities. The Planning and Zoning Commission recommended approval of the request with the following conditions for Tract IOC 1) Truck docks only on the north side of the building; 2) Revise the wording in Condition #1, to increase the floor area devoted to storage and warehousing from 75% to 85%; and, 3) To remove the words "high tech" in condition #3 in the definition of Research and Development facilities. Mr. Ron Ramirez, proponent, explained the changes provide stricter regulations and allow the City to monitor the development more closely 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. Council questioned various issues and offered strikeouts of various items of the regulations MOTION: Upon a motion by Councilmember Folk and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to approve the recommendation of the Planting and Zoning Commission for this request with the amendments to the regulations 1) Section 4a, remove number 3; 2) Section 4a, delete the last sentence in numbers 4 and 5; and. 3) Section 5, delete number 5. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 PAGE 10 Public Hearing to Consider the Recommendation of (Agenda Item IX) Planning and Zoning to Deny a Request to Place Permanent Zoning on 119.62 Acres of Land Located West of US 75 and North of Rowlett Creek as Requested by Montgomery Family Trust Planner Marcie Diamond reviewed both Agenda Items IX and X. On August 6, the City Council voted unanimously to send this request back to the Planning and Zoning Commission for further consideration. As part of the motion, the City Council provided the following direction to the Planning and Zoning Commission "Consider P.D. Garden Office versus the requested unrestricted Office zoning, potentially with other restrictions which address uses, aesthetics and setbacks." Upon reconsideration, the Planning and Zoning Commission has again recommended denial of both Agenda Items IX and X as submitted. Mr. Richard Ferrara explained the changes to the request. Mr. Jack Hatchell reviewed the traffic impact on this project. He stated the project will not unduly impact the area due to zoning. Mr. Ferrara stated that office development will be unique in this area. This office space will be more conducive to smaller lots Ms. Amy Monier, owner, reviewed the tracts before Council. 2,000 square foot minimums are being requested. The homes adjacent to Watters Crossing will be 2,500 square foot. The tree line will remain. Mayor Terrell opened the public hearings for Agenda Items IX and X and asked for anyone speaking either for or against the requests to do so at this time. Mr Kevin Kerr, 1013 Ashland Court, Allen, Texas, questioned the density of the residential tract. Ms. Kay Johnson requested both sides of street be similar housing. Mr. William Hall, 1001 Ashland, Allen, Texas, expressed opposition to the office use west of the creek. He expressed concern regarding an increase in traffic on Bethany Road. Ms. Valeria Fratiani, 407 Watters Crossing, Allen, Texas, asked that the entire tree line be preserved With no one else speaking either for or against the requests, Mayor Terrell closed both public hearings. It is essential that the collector road be completed at the start of any development Public Works Director George Conner reviewed staffs computations for the traffic on Bethany Road. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 PAGE 11 Council questioned the use of office west of the creek when the Comprehensive Plan indicates 13 - acres of office only east of the creek. The access area to flood plain will be maintained by the landowner. Council felt due to the lack of areas suitable for this type of product, this may be a good plan. However, there is a question of what would go in adjacent to Bethany Road. Proponent offered the eight -story office in the southeast comer of Tract 3 only The proponent agreed to the following: 1) Tract I would be zoned R-5; and, 2) The four -lane divided collector street from Bethany to US 75 will be completed when any development occurs on any of the tracts. MOTION: A motion was made by Councilmember Bartlemay to approve the request as submitted with the following amendments: 1) Tract 1 would be zoned R-5; and, 2) The four -lane divided collector street from Bethany to US 75 will be completed at the time of any development. The motion died due to lack of a second MOTION: A motion was made by Mayor Pro Tem Kerr and seconded by Councilmember Fulk to approve the request as submitted with the following amendments: 1) Tract 1 would be zoned R-5; 2) The four -lane divided collector street from Bethany to US 75 will be completed at the time of rany development; and, 3) Restrict height limns of office buildings to four -stories in Tract 3. Council discussed height limitations of office buildings on Tract 3 MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the Council voted five (5) for and one (1) opposed with Councilmember Fulk casting the negative vote, to amend the previous motion to set the height limits to five -stories rather than four -stories. The motion carried. Public Hearing to Consider the Recommendation (Agenda Item X) of Planning and Zoning Commission to Deny a Request to Place Permanent Zoning on 111.9± Acres of Land Located West of US 75, South of Watters Crossing and North of Rowlett Creek as Requested by Montgomery Farms MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Bartlemay. the Council voted six (6) for and none (0) opposed to approve the request as submitted with an amendment that the tree line be preserved The motion carried. ALLEN CITY COUNCIL REGULAR MEETING .j OCTOBER 1, 1998 PAGE 12 Public Hearing to Consider the Recommendation (Agenda Item XI) of the Planning and Zoning Commission for Approval of a Planned Development District for Single Family Development Located East of Malone Road and North of the Proposed Extension of Exchange Parkway as Requested by WPC Planner Marcie Diamond reviewed the request to place Planned Development District zoning for single-family uses on 133.25 acres of land. The applicant has requested a density of 3.84 dwelling units per acre for a total of 511 units. The Planning and Zoning Commission recommended approval of the request with a density of 3.0 dwelling units per acre in accordance with staff's recommendation. This density would yield 400 lots. Mr. David Blum reviewed the 2 -acre internal amenity, the 5 -acre park and offer of a 60 -foot easement to be used as a greenbelt area. The proponent offered 9,000 square foot lots on the east and south boundaries with 7,500 square foot lots on the north and 6,000 square foot lots in the interior of the property Home sizes would range from 1,500 to 1,800 square feet and 1,600 to 1,900 square feet. The proponent will raise overall minimum lot size to 7,500 square feet with a cap on R-6 lots at 33 %. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. The following individuals did not speak but requested their opposition to the request be noted: Sunshine Hogan, 2214 Forest Grove Estates Road, Allen, Texas; Neil C. Johnson, 2403 Forest Grove Estates, Allen, Texas; Brad Ewing, 2315 Forest Grove Road, Allen, Texas; Chris Sipes, 620 Meadow Lane, Allen, Texas, Becky Dalsing, 2111 Forest Grove Estates Road, Allen, Texas, Terry Binon, 2407 Forest Grove Estates Road, Allen, Texas; Rellis E. Worley, 2310 Forest Grove Estates Road, Allen, Texas; and, Steve and Andrea Giovinazzo, 2302 Forest Grove Estates Road, Allen, Texas. Mr. Roy O'Neill, 2102 Forest Grove Estates Road, Allen, Texas, expressed his opposition to the current request. He submitted a petition requesting the following from the City of Allen 1. To keep Forest Grove Estates Road closed. 2. One -acre lots buffer along development's north and eastern boundary 3. Brick privacy fence along development's north and eastern boundary to protect existing livestock. 4. No 6,000 square foot lots 10,000 square foot lots should be the smallest lots east of Malone Road. Mr. O'Neill asked that Extra -territorial Jurisdiction residents be notified of public hearings bordering their property Mr. Gene Scott, 1804 Green Meadow Circle, Allen, Texas, encouraged support of the Planning and Zoning Commission's recommendation Mr Mike Williams, 2303 Forest Grove Estates Road, Allen, Texas, expressed opposition to the request. He stated he does not want the road opened and the project would need good buffering. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 PAGE 13 Mr. Saivdor Marozsan, 2101 Forest Grove Estates Road, Allen, Texas, expressed opposition to the request. Mr Bob Beard, 602 Meadow Lane, Allen, Texas, expressed opposition to high density located next to large lots. Mr. Andrew Klassen, 2307 E Forest Grove Estates Road, Allen, Texas, expressed opposition to the opening of Forest Grove Estates Road. He requested buffering between the two neighborhoods. Mr. Al Ward, 2306 Forest Grove Estates Road, Allen, Texas, expressed opposition to the request. He asked that the road not be opened. Mr. Jesse Hensarling, 15 Highland Court, Allen, Texas, expressed opposition to the request including the density and buffering. Mr. John Tucker, 635 Meadow Lane, Allen, Texas, spoke on behalf of Greenmeadow Estates Homeowner's Association requesting one -acre tracts. He expressed concern regarding the drainage and the proposed detention pond. With no one else speaking either for or against the request, Mayor Terrell closed the public hearing. Council held discussion regarding density, buffering issues and the road issue. MOTION: Upon a motion by Councilmember Folk and a second by Mayor Pro Tem Kerr, the Council voted six (6) for and none (0) opposed to deny the request as submitted. The motion carried. Consider a Resolution Supporting Inclusion of (Agenda Item XII) Local Road Projects and Courthouse Restoration on the 1999 Collin County Bond Election Ballot County Commissioner lack Hatchell spoke in support of this project and expected a total bond project in the future. Resolution No. 1642-10-98(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Requesting that the Collin County Commissioners Include Sufficient Funds for Local Road Projects and the Restoration of the Old Collin County Courthouse on the February 1999 Bond Election Ballot. MOTION: Upon a motion by Councilmember Owen and a second by Councilmember Gallagher, the Council voted six (6) for and none (0) opposed to approve Resolution No. 1642-10-98(R) as previously captioned The motion carried. E ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 Consider Methods for Direct Inspection of Staff Conformance to Executive Limitations Policies PAGE 14 (Agenda Item XII) A. Communication and Support to Council (EL 3.9) B. Capital Improvements Programming (EL 3.10) These items were referred to the Council Ad Hoc Committee consisting of Councilmembers Gallagher and Bartlemay Governance Self -Evaluation (Agenda Item XIV) There was no discussion held. Other Business (Agenda Item XII) A Calendar October 29 - 31 TML Annual Conference December 2 Board Appreciation Dinner B. Items of Interest • Joint Council/AISD Meeting scheduled for October 22, 1998 Adioum (Agenda Item XV) 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 adjourn the regular session of the Allen City Council at 2'08 a.m on Friday, October 2, 1998. The motion carried. These minutes approved on the 15th day of October, 1998. APPROVED: Stephen Terrell, E ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1998 ATTEST: Judy Mor n, CMC, CITY SECRETARY A I PAGE 15