Min - City Council - 1998 - 10/15 - RegularALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 15, 1998
Present:
Stephen Terrell, Mayor
Councilmembers:
David Kerr, Mayor Pro Tem
Lonnie Thomas (absent)
Doug Gallagher
Susan Banlemay
Kenneth Fulk
Melissa Owen
City Staff:
Michael Stanger, Acting City Manager
Judy Morrison, City Secretary
Attorney:
Pete Smith
DINNER AND PRE -MEETING WORKSHOP
Call to Order and Announce a Oumnat 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 6:36 p.m. on Thursday, October 15, 1998, 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, "Adopt an Ordinance Confirming Action of City Council on October 1,
1998, for Approval of Amendments to Place Permanent Zoning on 111 9 t Acres of Land Located West of
US 75, South of Watters Crossing and North of Rowlett Creek." A question was raised regarding the density
Council discussed pulling this item from the Statutory Agenda for reconsideration Council discussed staff's
and Planning and Zoning Commission's recommendations Council discussed lowering the density and
reducing the units to 220.225 Additional discussion was held regarding the effect of Policy Governance on
the recommendations of staff and boards.
Councilmember Gallagher stepped down from the Council bench.
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OCTOBER 15, 1998 PAGE 2
(Agenda Item III)
A. Quality of Life Policy- Dialogue
• Minimum Housing Standards
Acting City Manager Michael Stanger solicited dialogue on the following information
regarding mhdmum housing standards:
- limiting the overall size of apartment complexes including the number of units;
- restricting the height of buildings located near thoroughfares;
- landscaping, buffering, screening and separation of complexes; and,
- variety within complex, effects and facades.
The minimum housing standards will ensure aesthetics, retain value, safety, security,
health and fire safety of the complexes. Enforcement and review increases with the age of
single family homes and multi -family residences. The four main areas inspected would
be: Multi -family residences, single family residences, interiors and exteriors of each
Council desires to move towards an inspection process that creates a positive, service-
oriented approach in Allen. A recognition program could be established to reward those
complexes that habitually score high.
The workshop session recessed at 7:20 p.m.
REGULAR MEETING
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7,44 p.m. on Thursday, October 15, 1998, in the Council Chambers of the
Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Public Recoenition (Agenda Item IV)
Citizens' Comments
Mr. Mike Stanisci, 311 Watson Drive, Allen, Texas, expressed appreciation for the roadwork
done in his neighborhood but has concerns with the angle of driveway, which causes vehicles to
bottom out
Staff will work with the contractor to correct the situation.
Consent Aeenda (Agenda Item V)
MOTION: Upon a motion made by Councilmember Banlemay, and a second by Councdmember Owen,
the Council voted five (5) for and none (0) opposed to approve and adopt all nems on the
Consent Agenda as recommended and as follows:
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 15, 1998
PAGE 3
A. Approve Minutes of the September 30, 1998, Joint Council/AEDC Special Called Meeting.
B. Approve Minutes of the October 1, 1998, Regular Meeting.
C. Approve a Resolution Confirming Action of City Council on September 17, 1998, to Amend
Council/Staff Linkage Policy 4.3 (CSL 4.3) to Add Monitoring Schedule for Ends Policies.
Resolution No. 1643-10-98(R): A Resolution of the City Council of the City of Allen, Coffin
County, Texas, Amending the Council's Governance Policies by Adding a Schedule for
Monitoring the City Manager's Performance on Ends Policies; and Providing an
Effective Date.
D Approve a Resolution Amending Governance Process Policy 2 6 (GP 2.6) to Add Mayor's
Committee and Delegate Certain Responsibilities, and to Eliminate the linerboard Committee.
Resolution No. 164410-98(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas, Amending the Council's Governance Process Policy 2.6 to Eliminate the
Interboard Committee and Establish a Mayor's Committee; Providing for Renumbering
Items; and Providing an Effective Date.
E. Receive Capital Improvements Program Status Report.
The motion carried.
Statutory Agenda (Agenda Item VI)
MOTION: Upon a motion made by Councilmember Fulk, the Council removed the following item from
the Statutory Agenda:
D Adopt an Ordinance Confirming Action of City Council on October 1, 1998, for Approval of
Amendments to Place Permanent Zoning on 111.9 t Acres of Land Located West of US 75,
South of Watters Crossing and North of Rowlett Creek.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Bardemay,
the Council voted five (5) for and none (0) opposed to approve and adopt all remauung items
on the Statutory Agenda as recommended and as follows:
A. Adopt an Ordinance Confirming Action of City Council on October 1, 1998, 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
Ordinance No. 1645-10-98: An Ordinance of the City of Allen, Collin County, Texas,
EAmending Comprehensive Zoning Ordinance No. 1425-5-%, as Previously Amended, and
Ordinance No. 1279-9-94 by Changing the Area and Use Regulations on Tract B of Flood
Plain -Planned Development No. 33 (FP -PD No. 33) to Allow for an Onsite Cleaning Plant
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OCTOBER 15, 1998
PAGE 4
and Laundry on the Following -Described Tract of Land, To -Wit: 5.16 Acres in the J. A.
Taylor Survey, Abstract No. 908, and the John Davis Survey, Abstract No. 255, 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.
B. Adopt an Ordinance Confirming Action of City Council on October 1, 1998, 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.
Ordinance No. 1646-10-98: An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-%, as Previously Amended, and
Tracts 10A, lOB and IOC of Flood Plain -Planned Development No. 55 (FP -PD No. 55), as
Previously Amended by Ordinance No. 5-21-98, on the Following -Described Tract Of
Land: 55.025 Acres Of Land Located In The Michael See Survey, Abstract No. 543, The
William Perrin Survey, Abstract No. 708, 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.
C. Adopt an Ordinance Confirming Action of City Council on October 1. 1998, for Approval of
Amendments to Place Permanent Zoning on 119.62 Acres of Land Located West of US 75
and North of Rowlett Creek.
Ordinance No. 1647-10-98: An Ordinance of the City of Allen, Collin Comity, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, by
Approving Flood Plain -Planned Development No. 74 (FP -PD No. 74) on the Following -
Described Tract of Land: 119.98 Acres of Land Located in the T. G. Kennedy Survey,
Abstract No. 500, 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 Sinn 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 Authorizing Participation in the Collin County Governmental
Purchasing Forum.
Resolution No. 1648-10-98(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas, Approving the Terms and Conditions of an Interlocal Agreement by and
Between the City of Allen, Texas and Participants in the Collin County Governmental
Purchasers Forum Providing for a Cooperative Purchasing Program for Goods and
Services; Designating the City Manager, or His Designee, as Official Representative of the
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 15, 1998
PAGES
City in Matters Relating to the Program; and Authorizing the City Manager or His
Designee to Execute; And Providing An Effective Date.
The motion carried.
D. Adopt an Ordinance Confirming Action of City Council on October 1, 1998, for Approval of
Amendments to Place Permanent Zoning on 111.9± Acres of Land Located West of US 75,
South of Watters Crossing and North of Rowlett Creek.
Mr Bill Dalstrom spoke on behalf of owner asking that the density remain as requested
because of the small acreage, tree line and Bethany Road.
Council expressed concern that the property owners south of Bethany Road will want to
continue the density from north of Bethany The previous Comprehensive Plan recommended
a higher density on that tract than the current Comprehensive Plan.
Councilmember Banlemay indicated concern that Council would reconsider an item previously
approved by Council.
Ordinance No. 1649-10-98: An Ordinance of the City of Allen, Coffin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-%, as Previously Amended, by
Approving Flood Plain -Planned Development No. 73 (FP -PD No. 73) on Tract One and
Corridor Commercial (CC) on Tract Two of the Following -Described Tract of Land: 69.6
Acres of Land Located in the T. G. Kennedy Survey, Abstract No. 500, the D. H. Nix
Survey, Abstract No. 688, and the Michael See Survey, Abstract No. 543, and 42.3 Acres of
Land Located in the T. G. Kennedy Survey, Abstract No. 500, 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 Councilmember Fulk and a second made by Mayor Pro Tem Kerr,
the Council voted five (5) for and one (1) opposed with Councilmember Owen casting the
negative vote, to approve Ordinance No 1649-10-98 as previously captioned with an
amendment to cap the units at 236 and a density of 3.4 The motion carried.
Public Hearing to Consider the Recommendation of (Agenda Item VII)
the Planning and Zoning Commission for a Zoning
Request for Single Family Zoning on 67.8 Acres of
Land Located on FM 1378, South of Stacy Road as
Requested by D. R. Cameron
�, Councilmember Gallagher returned to the Council bench.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 15, 1998 PAGE 6
Planner Marcie Diamond reviewed the request to place Planned Development zoning for Single -
Family uses on 67.8 acres of land. Prior to the Planning and Zoning Commission meeting, the proponent met
with surrounding property owners and revised his request to reduce the number of lots from 199 to 144 and
provide for a minimum of 40,000 square foot lots adjacent to the existing residential to the north and south
with the remaining perimeter lots being a minimum of 18,000 square foot. The Planning and Zoning
Commission recommended approval of the request as revised by the proponent with the following
amendments: 1) Development Standards consistent with R2 district regulations, except where noted; 2) No
garage door(s) may face the street; 3) One -acre lots will border the adjacent properties; 4) Southwest comer of
development will also be one -acre lots; 5) 18,000 square foot lots will encompass the perimeter of the
development; 6) 12,000 square foot lots will be located interior to the development; 7) At the time of platting,
Lovejoy ISD will approve access points; 8) Need a letter from NTMWD stating their agreement with the
lotting pattern; 9) A facilities agreement will be entered into between the developer and the City of Allen; and,
10) Attach exhibit a showing the landscape.
Mr. Doyle Cameron, proponent, spoke before Council regarding the various cost factors of the tract.
He reviewed the landscape buffering, one -acre lots, school access, and other information.
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: Becky
Dalsing, 2111 Forest Grove Estates Road, Allen, Texas; Beth Porterfield, 2075 Country Club Road, Allen,
Texas; Mike Patrick, 2314 Forest Grove Estates, Allen, Texas; Robert F Snyder, 2215 Forest Grove Estates
Road, Allen, Texas; Karyl Snyder, 2215 Forest Grove Estates Road, Allen, Texas; Sunshine Hogan, 2214
Forest Grove Estates Road, Allen, Texas; Mary Alice Binion, 2407 Forest Grove Estates Road, Allen, Texas;
Johnnie Stephenson, 2411 Forest Grove Estates Road, 2411 Forest Grove Estates Road, Allen, Texas; Ozela
Anderson, 2411 Forest Grove Estates Road, Allen, Texas; and, Gene Dalsing, 2111 Forest Grove Estates
Road, Allen, Texas.
Mr. Roy O'Neill, 2102 Forest Grove Estates Road, Allen, Texas, spoke in opposition to the request
stating though the proposal is much improved; however, because of the nature of the property one-two acre
lots should be required.
Mr. Andrew Klassen, 2307 E. Forest Grove Estates Road, Allen, Texas, spoke in opposition to the
request. He asked that the cost of development be reduced so larger lots would be economical.
Mr. Sandor Karozsan, 2101 Forest Grove Estates Road, Allen, Texas, spoke to opposition to the
request expressing concerns regarding traffic, drainage, and safety
Mr Terry Binion, 2407 Forest Grove Estates Road, Allen, Texas, spoke in opposition to the request
He stated his family moved to the area for the rural lifestyle and does not want to lose it. He submitted a
petition on behalf of the homeowners.
Ms. Cts Wishnew, 2211 Forest Grove Estates Road, Allen, Texas, spoke in opposition to the request.
She expressed concern regarding the higher density north of her property and its precedent.
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Mr. Jesse Hensarling, 15 Highland Court, Allen, Texas, spoke in opposition to the request. He
asked that the minimum lot size be 18,000 square feet.
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
A floodplain study will be required at the time of platting. Council expressed concern regarding the
collector street and no buffering for the forest grove subdivision. If the collector street develops as noted, it
would be a "single -loaded' street. Possible screening for the road will need to be addressed in the future
MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Owen, the
Council voted five (5) for and one (1) opposed with Mayor Pro Tem Kerr casting the negative
vote, to approve the request with the following amendments: 1) 40,000 square foot lots to the
north, south and west property lines for a total of 139 lots; and, 2)The floodplain be designated
at the time of platting. The motion carried.
Other Business (Agenda Item VIII)
A Assign Members to a Staff Advisory Committee for Revision/Updates to the Comprehensive
Zoning Ordinance.
Council appointed the following individuals to serve on the Advisory Committee. Planning
and Zoning Commission members, Ross Obermeyer and Jeff McGregor; and Councilmembers
Gallagher and Fulk.
Planner Marcie Diamond and Attorney Pete Smith will review the preliminary red -line
product then submit it to the Advisory Committee. Any issues the Council has should be
presented to Ms Diamond.
B. Initiate Selection Process for 1998-99 Capital Improvement Program (CIP) Steering
Committee Members
Community Development Director Bill Petty indicated the Steering Committee will become
the leadership arm of the organization of volunteers designated to study and recommend
projects for the 1998-99 CIP The Committee will consist of a Chair, Co-chair and seven
members. The seven members will each serve as chair of a subcommittee. These
subcommittees will consist of. Finance, Street and Drainage, Water and Sewer, Public Safety,
Parks and Recreation, Library and Arts, and City Buildings Mr. Petty asked each
Councilmember recommend two names for consideration. Council will make appointments
for Chair, Co-chair and the seven members of the Steering Committee at the November 19
Council meeting.
C. Revitalization Plan for Boards and Commissions: Report of Ad Hoc Committee
A template will be available at the next meeting.
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D Accept Monitoring Reports
• Financial Planning/Budgeting Policy (EL 3.3)
• Financial Condition and Activities Policy (EL 3.4)
• Communication and Support to the Council Policy (EL 3.9)
• Capital Improvements Programming Policy (EL 3.10)
Council accepted the two financial monitoring reports as submitted. They mentioned they
were pleased with the reports.
E. Next Policy Agenda
A possible topic for the next Policy Agenda is the Cost of Development versus kind of
development we are trying to encourage.
F Governance Self -Evaluation. (10 minutes)
Mayor Pro Tem Kerr provided self-evaluation feedback. Councilmember Bartlemay will
provide self-evaluation at the next meeting.
G. Calendar
• Joint Council/AISD Meeting scheduled for October 22, 1998, Fire Station #4
• TML Annual Conference scheduled for October 28-30, 1998
• City Hall Groundbreaking tentatively scheduled for November 20, 1998 at 5.00 p in.
• Mayor's Committee Scheduled for Monday, November 23, 1998 at 11.30 a.m.
• Board Appreciation Dinner scheduled for Wednesday. December 2, 1998
H. Items of Interest
• TMRS (Texas Municipal Retirement System)
"20-Year/Any Age" Retirement
Council elected to postpone action on the change in Retirement Age until after the
selection of a new City Manager.
The regular session recessed at 11:00 p.m.
Executive Session (Agenda Item IX)
In accordance with The Texas Government Code, Legal, Section 551071, Property, Section
551072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened
into Executive Session at 11:02 p in. on Thursday, October 15, 1998, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to:
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 15, 1998
I V:Ctl DL':
• Litigation —City ojParker Settlement
• Personnel — Evaluation of Council -Municipal Judge Relationship According to Policy
CSL 45
• Personnel — Evaluation of Council -City Secretary Relationship According to Policy CSL 4.6
• Personnel — NTMWD (North Texas Municipal Water District) Board Appointments
• Staff Briefing — Economic Development Prospect
The Executive Session adjourned at 12:00 a in. on Friday, October 16, 1998.
Reconvene and Consider Action on Items Discussed (Agenda Item X)
During Executive Session
The Allen City Council reconvened into regular session at 12:01 a.m. on Friday, October 16, 1998, in
the Council Chambers of the Allen Public Library There was no action taken on items discussed in Executive
Session.
(Agenda Item XI)
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councdmember Owen, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 12:01 a.m. on Friday, October 16, 1998. The motion carried.
These minutes approved on the 5th day of November, 1998.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
JAKMorrWon, CMC, CITY SECRETARY