Min - City Council - 1998 - 12/03 - RegularP
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 3, 1998
Prmnh
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
Peter G. Smith, Acting City Attorney
II IUB :.II ' , ul I� • / :. . / r
Call to Order and Announce a Quorum 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 6:33 p.m. on Thursday, December 3, 1998, in the
Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Discuss Current Agenda (Agenda Item II)
There was no discussion on the Current Agenda.
Policy Agenda (Agenda Item IID
• Quality of Life Policy Philosophy/Environmental Scan
> Larger Lots and Cost of Development
The Acting City Manager discussed high-end housing on large lots. Planner Marcie Diamond
reviewed the areas in the City that are conducive to large lot/large home planning
Rick Carey with Millipore stated a variety of homes are needed for executives as well as low-
income housing for the regular staff
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 3, 1998
ZXH aid
Mike Williams indicated the market seems okay for the one -acre lots but we may not have a
market for high -dollar executive homes. He suggested bringing in this type of home by Lucas
and Fairview if the City plans to develop any at this time.
Council asked for information regarding cost of septic versus City sewer Since sewer is
readily available throughout most of the City of Allen, we might look at the We cost or
savings of these options.
Council stated it envisions the development for this type of home to be like -The Woods."
The workshop session recessed at 7 14 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 7:30 p.m. on Thursday, December 3, 1998, in the Council Chambers of the
Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Public Recoenition (Agenda Item IV)
• Citizens' Comments
There were no citizen's comments.
Consent Aeenda (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 November 17, 1998, Special Called Meeting
B. Approve Minutes of the November 19, 1998, Regular Meeting.
C. Adopt a Resolution Amending the Council's Ends Policies Affecting Minimum Housing
Quality
Resolution No. 1657-12-98(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas, Amending the Council's Governance Policies to Establish Ends for
Minimum Housing Quality; Providing for Renumbering Items; and Providing an Effective
Date.
ALLEN CITY COUNCIL
r� REGULAR MEETING
DECEMBER 3, 1998 PAGE 3
D Adopt a Resolution Amending Governance Policies Relating to Media Relations.
Resolution No. 1658-12-98(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas, Amending the Council's Governance Policies by Amending Governance
Process Policy 2.1; Providing for Renumbering Items; and Providing an Effective Date.
E Adopt a Resolution Supporting Collin County MHMR (Mental Health Mental Retardation) for
the Tenant Based Rental Assistance Project.
Resolution No. 1659.12-98(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Authorizing Support for Collin County Medical Health Mental
Retardation for the Tenant Based Rental Assistance Project.
F Adopt a Resolution Urging the North Texas Tollway Authority and the Texas Department of
Transportation to Consider Tollway Financing for SH 121
Resolution No. 1660-12-98(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas, Requesting Support of the North Texas Tollway Authority and Texas
Department of Transportation for Toll Revenue Financing of SH 121.
The motion carried.
Statutory Aeenda (Agenda Item VI)
MOTION: Upon a motion made by Councilmember Bartlemay, the following items were removed from
the Statutory Agenda
C. Adopt an Ordinance Abandoning a Portion of Belmont Drive, West of Cedar Drive, as
Requested by First Baptist Church of Allen.
D Adopt an Ordinance Abandoning North Birch Street and a Portion of the Adjacent Alleyway
as Requested by First Baptist Church of Allen and Stanley Crossman, Owner of the Attic
Mini -Warehouse.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, 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. TABLED ITEM Authorize City Manager to Negotiate a Contract for Design Services of the
Allen Public Library Expansion.
B Adopt an Ordinance Confirming Action of City Council on November 19, 1998, for a Zoning
Request for Planned Development for Single Family Residential Uses on 123.0091 Acres of
Land Located South of the Proposed Ridgeview Drive and Stacy Road
PAGE
Ordinance No. 1661-12-98: An Ordinance of the City of Allen, Collin County, Texas,
Amending the Comprehensive Zoning Ordinance No. 1425-5-96, and Zoning Map as
Previously Amended, by Granting a Change in Zoning from A -O Agriculture -Open
Space to Planned Development R-5 Single Family Residential by Approving Floodplain -
Planned Development -Single Family Ordinance No. 77 (FP -PD -SF -No. 77) for 123.0091
Acres in the Henry Brandenburg Survey, Abstract No. 110, City of Allen, Collin County,
Texas and Being Further Described in Exhibit "A"; Providing for Exhibit "B"
Development Regulations and Exhibit "C" Concept Plan; 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.
E. Approve Third and Final Reading of an Ordinance Authorizing CoSery Gas Franchise with
the City
Ordinance No. 1653-11-98: An Ordinance of the City of Allen, Collin County, Texas,
Granting to CoServ, Ltd., D/B/A CoSery Gas, a Franchise for the Purpose of
Constructing, Maintaining and Operating Its Gas Utility System in Public Streets, Alleys,
and Rights -of -Way in the City; Reserving to the City the Right to Regulate Grantee;
Providing Conditions Governing the Construction, Expansion, Use, Reconstruction,
Repair, Excavation, Maintenance, Relocation and Operation of the Gas Utility System;
Providing for Indemnification; Providing for City Use and Joint Use of Grantee's
Facilities; Providing for Compensation; Providing for Accounting and Other Reports;
Providing for Conditions of Assignment; Providing for Termination; Providing for
Acceptance of the Franchise; Providing a Repealing Clause; Providing a Severability
Clause; and Providing for the Effective Date of Said Ordinance.
Receive Tax Assessor -Collector's Report.
G. Receive CIP (Capital Improvements Program) Status Report
The motion carried.
Discussion was held on Items C and D regarding the abandonment of streets/alley Council requested
during the platting process all issues with the neighboring property owners be addressed including the
size of the cul de sac, access, and width of Belmont Street (44').
MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Bardemay,
the Council voted seven (7) for and none (0) opposed to approve and adopt Items C and D as
recommended and as follows:
C. Adopt an Ordinance Abandoning a Portion of Belmont Drive, West of Cedar Drive, as
ERequested by First Baptist Church of Allen.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 3, 1998
PAGE
Ordinance No. 1661-12-98: An Ordinance of the City of Allen, Collin County, Texas,
Amending the Comprehensive Zoning Ordinance No. 1425-5-96, and Zoning Map as
Previously Amended, by Granting a Change in Zoning from A -O Agriculture -Open
Space to Planned Development R-5 Single Family Residential by Approving Floodplain -
Planned Development -Single Family Ordinance No. 77 (FP -PD -SF -No. 77) for 123.0091
Acres in the Henry Brandenburg Survey, Abstract No. 110, City of Allen, Collin County,
Texas and Being Further Described in Exhibit "A"; Providing for Exhibit "B"
Development Regulations and Exhibit "C" Concept Plan; 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.
E. Approve Third and Final Reading of an Ordinance Authorizing CoSery Gas Franchise with
the City
Ordinance No. 1653-11-98: An Ordinance of the City of Allen, Collin County, Texas,
Granting to CoServ, Ltd., D/B/A CoSery Gas, a Franchise for the Purpose of
Constructing, Maintaining and Operating Its Gas Utility System in Public Streets, Alleys,
and Rights -of -Way in the City; Reserving to the City the Right to Regulate Grantee;
Providing Conditions Governing the Construction, Expansion, Use, Reconstruction,
Repair, Excavation, Maintenance, Relocation and Operation of the Gas Utility System;
Providing for Indemnification; Providing for City Use and Joint Use of Grantee's
Facilities; Providing for Compensation; Providing for Accounting and Other Reports;
Providing for Conditions of Assignment; Providing for Termination; Providing for
Acceptance of the Franchise; Providing a Repealing Clause; Providing a Severability
Clause; and Providing for the Effective Date of Said Ordinance.
Receive Tax Assessor -Collector's Report.
G. Receive CIP (Capital Improvements Program) Status Report
The motion carried.
Discussion was held on Items C and D regarding the abandonment of streets/alley Council requested
during the platting process all issues with the neighboring property owners be addressed including the
size of the cul de sac, access, and width of Belmont Street (44').
MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Bardemay,
the Council voted seven (7) for and none (0) opposed to approve and adopt Items C and D as
recommended and as follows:
C. Adopt an Ordinance Abandoning a Portion of Belmont Drive, West of Cedar Drive, as
ERequested by First Baptist Church of Allen.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 3, 1998
PAGE 5
Ordinance No. 1662-12-98: An Ordinance of the City of Allen, Collin County, Texas
Abandoning All Right, Title and Interest in the Portion of Belmont Street Located Between
Existing Birch Street and Cedar Drive and Being More Particularly Described in Exhibit
"A" Attached Hereto; Abandoning the Portion of Birch Street Located Between Main
Street and Existing Belmont Drive and Being More Particularly Described in Exhibit `B"
Attached Hereto; Providing for the Furnishing of a Certified Copy of this Ordinance for
Recording in the Real Property Records of Collin County, Texas, as a Quitclaim Deed:
Providing for the Indemnification of the City of Allen, Texas Against Damages Arising Out
of the Abandonment; Authorizing the City Manager to Execute any Documents Necessary
to Complete Abandonment; and Providing for the Effective Date of Said Ordinance.
D Adopt an Ordinance Abandoning North Birch Street and a Porton of the Adjacent Alleyway
as Requested by First Baptist Church of Allen and Stanley Crossman, Owner of the Attic
Mani -Warehouse.
Ordinance No. 1663-12-98: An Ordinance of the City of Allen, Collin County, Texas,
Abandoning All Right, Title and Interest in a Portion of Birch Street Located North of
Main Street (FM 2170) and Being More Particularly Described in Exhibit "A" Attached
Hereto; Abandoning a Portion of a 20 Foot Alley Located East of Birch Street and Being
More Particularly Described in Exhibit "B" Attached Hereto; Providing for the Furnishing
of a Certified Copy of this Ordinance for Recording in the Real Property Records of Collin
County, Texas, as a Quitclaim Deed; Providing for the Indemnification of the City of Allen,
Texas Against Damages Arising Out of the Abandonment; Authorizing the City Manager to
Execute Any Documents Necessary to Complete Abandonment; and Providing for the
Effective Date of Said Ordinance.
The motion carried.
TABLED ITEM: Consider the Recommendation of (Agenda Item VII)
the Planning and Zoning Commission for Approval
of a Planned Development District for Multi -Family
Uses on 10.892± Acres of Land Located Northeast of
SH 5 and Chaparral Road
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 remove this item from the table. The
motion carried.
Planner Marcie Diamond reviewed the history of this item. As directed by Council, the proponent, in
conjunction with City staff, has prepared a concept plan incorporating development standards to assure
compatibility with the surrounding land uses The concept plan limits the development to 180 units with a
density of 16 25 dwelling units per acre The proponent is requesting a variance for parking required. The
Zoning Ordinance requires 2.5 parking spaces per unit It is the contention of the architect that two spaces per
unit is sufficient to meet the needs of this development
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 3, 1998
PAGE
The proponent informed Council the buildings are housing 10 units rather than eight. The open space
has been increased to 2-'h. acres. SH 5 perimeter would be wrought iron and landscaping but other
perimeters will be masonry The units will be 75% brick. The parking has been requested to be reduced
from 2.5 to 2 spaces per unit.
Council questioned the non -conformity of the request with our ordinances such as open space and
parking. Council asked the fapade be broken to provide interest to the building.
MOTION: Upon a motion to table by Councilmember Thomas and a second by Councilmember Gallagher,
the Council voted four (4) for and three (3) opposed with Councilmembers Bartlemay, Fulk and
Owen casting the negative votes, to direct the proponent to bring back his request with the
following amendments to the site plan 1) Parking meet the 2.5 spaces per unit as required by
Ordinance; 2) Strike "generally' in #1 to meet open space requirements; 3) provide for exterior
elevation variation and, 4) Add screening requirements. The motion carried
Public Hearing to Consider the Recommendations of (Agenda Item VIII)
the Planning and Zoning Commission for a Zoning
Request for Planned Development -Corridor
Commercial on 75 Acres of Land Located at the
Southwest Comer of US 75 and Stacy Road as
Requested by the Chelsea GCA Realty
Planner Marcie Diamond informed Council that the Planning and Zoning Commission recommended
approval of the request by Chelsea GCA Reality, Inc., for a Planned Development District for Corridor
Commercial zoning on 75t acres. The proposed zoning would allow for the development of a 70,000 square
foot Premium Outlet Mall and associated retail development.
Darrell Ebonstreet reviewed the phases of the development and exterior pads. Setbacks and
landscape plans are being adhered to. He also reviewed the renderings using masonry and brick with metal
accents.
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 Gallagher, the Council
voted seven (7) for and none (0) opposed to confirm the recommendation of the Planning and
Zoning Commission to place Planned Development -Corridor Commercial zoning on 75 acres of
land located at the southwest corner of US 75 and Stacy Road The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 3, 1998
PAGE 7
Public Hearing to Consider the Recommendation of (Agenda Item IX)
the Planning and Zoning Commission to Amend the
Planned Development Use and Area Regulations for
5.309 Acres of Land Located at the Southeast
Comer of SH 5 and Buckingham Lane as Requested
for the Alliance Business Park
Planner Marcie Diamond informed the Council of the Planning and Zoning Commission's
recommendation to amend condition 5e of Planned Development No. 64 to allow for wrought iron fencing
with landscaping verses concrete wall along the southern property line of this district.
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 made by Councilmember Gallagher and a second by Councilmember Fulk,
the Council voted seven (7) for and none (0) opposed to confirm the recommendation of the
Planning and Zoning Commission to amend Planned Development No. 64 as requested. The
motion carried.
Public Hearing to Consider the Recommendation of (Agenda Item X)
the Planning and Zoning Commission for a Zoning
Request for Local Retail on .%4 Acres of Land
Located at 805 North Greenville Avenue for Power
Lift Foundation Repair
Planner Marcie Diamond reviewed the request for a local retail zoning district on a one -acre tract of
land currently zoned as A -O district. The renovation of this residential building will require that both the
structure and the site meet all city codes and requirements. The Planning and Zoning Commission approved
the request as submitted by the proponent.
Bill McCown, owner of the subject property, informed the Council he has been operating his business
in Plano but would like to relocate his business on the property in Allen.
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 made by Mayor Pro Tem Kerr and a second by Councilmember Banlemay,
the Council voted seven (7) for and none (0) opposed to confirm the recommendation of the
Planning and Zoning Commission to place local retail zoning on the property as requested.
The motion carried
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ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 3, 1998 PAGE 8
Public Hearing to Consider Revisions to Water and (Agenda Item XI)
Sewer Rates and Adopt an Ordinance ]Implementing
these Rates
Finance Director Linda Vaughan reviewed with Council scenarios of bond repayment schedules
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time
With no one speaking either for or against the request, Mayor Terrell closed the public hearing
Ordinance No. 1664-12-98: An Ordinance of the
City Council of the City of Allen, Collin County,
Texas, Amending Chapter 14, Article 1, Section 14-6
of the Code of Ordinances; Providing for an
Amended Fee Schedule for Sanitary Sewer Charges;
Providing for a Repealing Clause; Providing for a
Severability Clause; and Providing for an Effective
Date.
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 Ordinance No. 1664-12-98 as
previously captioned and recommended The motion carried.
Approve Items Related to New City Hall
A. Elevations and Materials
(Agenda Item XII)
Architect Ron Hobbs solicited comments from Council regarding elevation and materials for
City Hall. He also explained why certain materials were used to the concept drawings
MOTION: Upon a motion made by Councilmember Thomas and a second by Councdmember Bartlemay,
the Council voted seven (7) for and none (0) opposed to approve the basic design as presented,
the rough/saffron stone, and light green glass with white emollients. Council directed
Architect Ron Hobbs to provide samples of the glass to Council prior to finalization. The
motion carried.
B. Landscape Concept Plan
Dave Baldwin reviewed the history of the landscape portion of the City Hall project.
Brad Goldberg projected images of past accomplishments and explained the art proposed for
the civic plaza.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 3, 1998
PAGE 9
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Thomas, the
Council voted five (5) for and two (2) opposed with Mayor Pro Tem Kerr and Councilmember
Owen casting the negative votes, to approve the landscape/art plan as submitted. The motion
carried
Brad Goldberg agreed to provide Council a more refined master plan of the plaza art at a
future date.
Other Business (Agenda Item XIII)
A. Monitoring Reports of Ad Hoc Inspection Committee
• Council Support and Communication (EL 3 9)
• Capital Improvement Program (EL 3.10)
No discussion was held.
B Governance Self -Evaluation (10 minutes)
The Governance Self -Evaluation was not held
C. Calendar
• December 5, 1998, We are the World. .Allen, Texas, Sponsored by Allen Chamber of
Commerce
> Rudolph Run
> Ktwanis Breakfast
> Jaycees Parade
> Arts and Crafts Fair at Allen High School
> Christmas Tree Lighting
> Performance by Allen's Philharmonic Symphony Orchestra
• December 9, 1998, Employee Awards Dinner at Bill Bates Ranch
• December 24 and 25, 1998, City Offices Closed
D. Items of Interest
• Collin County Day
Executive Session (Agenda Item XIV)
The Executive Session was not held.
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ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 3, 1998
PAGE 10
Reconvene and Consider Action on Items Discussed (Agenda Item XV)
Dunne Executive Session
No action taken.
(Agenda Item XI)
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Bartlemay,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 12.07 a.m. on Friday, December 3, 1998. The motion carried
These minutes approved on the 17th day of December, 1998.
APPROVED:
—C—`W
Stephen Terrell, MAYOR
I:V WY*VA
Judy Mor son, CMC, CITY SECRETARY