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Min - City Council - 2001 - 05/03 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 3, 2001 Present: Stephen Terrell, Mayor Councilmembers: Doug Gallagher, Mayor Pro Tem (absent) Lonme Thomas Richard Buchanan Susan Bartlemay Kenneth Fulk Melissa Owen City Staft: Peter H. Vargas, City Manager Judy Morrison, City Secretary i Peter G. Smith, Attorney Call to Order and Announce a Quorum is Present With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7.05 p in. on Thursday, May 3, 2001, in the Council Chambers of the Allen City Hall, One Allen Civic Plaza, Allen, Texas. Items discussed in the preceding workshop included: • Briefing Regarding the Alignment of the Bethany Drive West Extension. • Briefing Regarding the Architect Selection for the new Allen Public Library and Civic Auditorium. Pledee of Alleeiance Public Recoenition 1. Citizens' Comments. 2. Presentation of 2001 Community Credit Union Scholarships to Ms. Kerry Marino and Mr. Mike Henne, Allen High School Students. 3. Presentation of Proclamations from the Office of the Mayor. • Presentation of a Proclamation to ACO Vikki Francis, Animal Control Supervisor, on Behalf of the Animal Control Department, Recognizing the Week of May 7-13, 2001, as National Pet Week. ALLEN CITY COUNCIL REGULAR MEETING MAY 3, 2001 PAGE • Presentation of a Proclamation to Chief William S. Rushing, on Behalf of the Police Department, Recognizing the Week of May 13-19, 2001, as National Police Memorial Week. • Presentation of a Proclamation to Ms. Sharon Mayer, President of the Allen Chamber of Commerce, Recognizing the Week of May 14-20,2001, as Business Appreciation Week. MOTION: Upon a motion made by Councdmember Bartlemay and a second by Councilmember Buchanan, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the consent agenda as follows: 4. Approve Minutes of the April 19, 2001, Regular Meeting. 5. Adopt an Ordinance Changing the Name of Meadow Mead Lane to Meadow Mead Drive for the Entirety of this Street in Hillside Village Phase 1, Hillside Village Phase 2 and Hillside Village Phase 8 Additions. ORDINANCE NO. 1938-5-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CHANGING THE NAME OF MEADOW MEAD LANE FOR THE ENTIRETY OF THIS STREET IN THE HILLSIDE VILLAGE PHASE 1, HILLSIDE VILLAGE PHASE 2, AND HILLSIDE VILLAGE PHASE 8 ADDITIONS TO MEADOW MEAD DRIVE; !{ PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 6. Authorize Execution of an Engineering Contract with Halff Associates, Inc., for Architectural and Engineering Services for Schematic Design of the Stabilization of the Old Stone Dam for an Amount not to Exceed $49,955. City Council authorized the City Manager to execute an engineering contract with Halff Associates, Inc., for architectural and engineering services for schematic design of the stabilization of the Old Stone Dam for an amount not to exceed $49,955. 7. Accept Resignation from bis. Kay McKenna and Declare a Vacancy in Place No. 1 of the Keep Allen Beautiful Board. 8. Receive Quarterly Financial Report for Period Ending March 31, 2001. 9. Receive Quarterly Investment Report for Period Ending March 31, 2001. 10. Receive the Summary of Property Tax Collections as of February 28, 2001. 11. Receive the CIP (Capital Improvement Program) Status Report. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING MAY 3, 2001 PAGE 3 Reeular A¢enda 12. Consider Selection of an Architectural Firm for the Design and Site Master Plan for the new Allen Public Library and Civic Auditorium. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to authorize the City Manager to negotiate a contract with pro -forma architecture, mc., for the design and site master plan for the new Allen public library and civic auditorium The motion carried. 13. TABLED ITEM: Conduct a Public Hearing and Adopt an Ordinance Authorizing the Amendments to the Allen Land Development Code and Standard Construction Details. MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to remove this item from the table. The motion carried. ORDINANCE NO. 1939-5-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CODIFYING AMENDMENTS TO THE ALLEN LAND DEVELOPMENT CODE; AMENDING SECTION 2.03 SIGN CONTROL BOARD TO CLARIFY PROCEDURES RELATING TO VARIANCES AND APPEALS; AMENDING SECTION 4.10 RELATING TO THE PLACEMENT OF ACCESSORY STRUCTURES AND REQUIREMENTS FOR ELECTRIC GATES ENCLOSING SWIMMING POOLS, AMENDING SECTION 4 15 3 DIMENSIONAL STANDARDS FOR "O" - OFFICE TO INCREASE THE MAXIMUM HEIGHT FROM TWO STORIES TO SIX STORIES; AMENDING SECTION 6.04 TO ADD PROVISIONS RELATING TO TEMPORARY ACCESSORY STRUCTURES AND TO DELETE OBSOLETE PROVISIONS RELATING TO OUTDOOR STORAGE AND DISPLAY; AMENDING ARTICLE VII TO CORRECT PROVISIONS RELATING TO REQUIREMENTS FOR UNDERGROUND UTILITY SERVICES, TO AMEND PARKING REQUIREMENTS FOR MULTI -FAMILY DWELLINGS, TO AMEND PROVISIONS RELATING TO THE CALCULATION OF TREE PRESERVATION CREDITS AND REQUIREMENTS FOR REPLACEMENT TREES AND AUTHORIZING THE URBAN FORESTER TO ENFORCE PROVISIONS OF TREE PRESERVATION REGULATIONS, TO AMEND PROVISIONS RELATING TO REQUIREMENTS FOR SCREENING OF RESIDENTIAL LOTS SIDING ARTERIAL ROADWAYS, AMENDING SECTION 7.09 CLARIFYING THE MAXIMUM NUMBER OF BANNERS ALLOWED, INCREASING THE ALLOWABLE COPY AREA OF MENU BOARDS FROM FOUR SQUARE FEET TO TWENTY-FOUR SQUARE FEET AND PROHIBITING THE INSTALLATION OF ANY SIGN THAT INTERFERES WITH SIGHT LINES AT ROADWAY INTERSECTIONS, AND PROVIDING THAT THE REQUIREMENT FOR WRITTEN PERMISSION FOR THE PLACEMENT OF POLITICAL SIGNS APPLIES TO VACANT COMMERCIAL PREMISES, AMENDING ARTICLE VHI BY PROVIDING FOR THE APPROVAL OF VARIANCES UNDER CERTAIN CONDITIONS, PROVIDING FOR INFORMATION REQUIRED ON THE FACE OF AN AMENDING PLAT, ESTABLISHING THE CONTENTS OF A TREE MITIGATION PLAN, PROVIDING FOR THE ISSUANCE OF A CLEARING AND GRADING PERMIT FOLLOWING APPROVAL OF A PRELIMINARY PLAT UNDER CERTAIN CONDITIONS, PROVIDING FOR MINIMUM SIGHT LINES AT ROADWAY INTERSECTIONS, AND CORRECTING PROVISIONS RELATING TO UNDERGROUND UTILITY SERVICES, PROVIDING STANDARDS FOR COMMERCIAL STREETS WITH FEWER THAN 5,000 AVERAGE DAILY TRIPS (ADT); AMENDING ALLEN CITY COUNCIL REGULAR MEETING MAY 3, 2001 PAGE Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Karen Mitchell, 1620 Handley Drive, Suite A, Dallas, Texas 75208, requested clarification on landscape credits and negative/positive credits She suggested that landscaping be credited and allow trees lost/saved to be credited equally Ralph Labry, Southwestern Bell, Allen, Texas 75013, questioned the pad mounted items in Section 8.28. Ed Topfer, 307 Keith, Allen, Texas 75002, urged that the tree ordinance not be trimmed back especially in regard to large trees. With no one else speaking, Mayor Terrell closed the public hearing. MOTION: Upon a motion made by Councdmember Fulk and a second by Councdmember Bartlemay, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1939-5-01 as previously captioned, with the following amendments to the Ordinance: "Section 6.04(8)(a) "Temporary accessory buildings for church, private or public school use constructed of alternate exterior building materials are allowed by permit by the Director of Planning and Development for a maximum of twenty-four (24) months. Thereafter, the permit may be renewed by the Citv Council on an annual basis for additional venods of twelve (12) months each if active preparation and/or efforts have or are being taken in completion of the development which necessitated the temporary accessory buildings." "Section 6.04(8)(e) "Temporary accessory buildings shall not exceed 840 square feet in size and one story in height, except 1,792 square feet shall be allowed for public schools." "Section 7.06.3(3)(b) Delete. APPENDIX "A" TO ADD DEFINITIONS FOR "CONSTRUCTION WORK HOURS," "TREE MITIGATION PLAN," "PERMANENT BUILDINGS," AND "TEMPORARY BUILDINGS"; AMENDING APPENDIX 'B" SCHEDULE A TO PROVIDE FOR A FEE OF $150 FOR AMENDING PLATS AND A FEE OF $200 PER CALIPER INCH FOR PAYMENT IN LIEU OF TREE REMOVAL, ADDING REFERENCE TO EXISTING DEVELOPMENT FEES, AND DELETING OBSOLETE PROVISIONS, UPDATING APPENDIX "D" — PLANNED DEVELOPMENTS AND "E" — SPECIFIC USE PERMITS; UPDATING APPENDICES "F," "G," AND "H" STANDARD CONSTRUCTION DETAILS AND ESTABLISHING APPENDIX "I" — STANDARD CONSTRUCTION DETAILS — TRAILS (RESERVED), APPENDIX "J" — CENTRAL BUSINESS DISTRICT MAP, APPENDIX "K" - DESIGN OVERLAY DISTRICT MAP, AND APPENDIX "L" — TRAFFIC IMPACT ANALYSIS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Karen Mitchell, 1620 Handley Drive, Suite A, Dallas, Texas 75208, requested clarification on landscape credits and negative/positive credits She suggested that landscaping be credited and allow trees lost/saved to be credited equally Ralph Labry, Southwestern Bell, Allen, Texas 75013, questioned the pad mounted items in Section 8.28. Ed Topfer, 307 Keith, Allen, Texas 75002, urged that the tree ordinance not be trimmed back especially in regard to large trees. With no one else speaking, Mayor Terrell closed the public hearing. MOTION: Upon a motion made by Councdmember Fulk and a second by Councdmember Bartlemay, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1939-5-01 as previously captioned, with the following amendments to the Ordinance: "Section 6.04(8)(a) "Temporary accessory buildings for church, private or public school use constructed of alternate exterior building materials are allowed by permit by the Director of Planning and Development for a maximum of twenty-four (24) months. Thereafter, the permit may be renewed by the Citv Council on an annual basis for additional venods of twelve (12) months each if active preparation and/or efforts have or are being taken in completion of the development which necessitated the temporary accessory buildings." "Section 6.04(8)(e) "Temporary accessory buildings shall not exceed 840 square feet in size and one story in height, except 1,792 square feet shall be allowed for public schools." "Section 7.06.3(3)(b) Delete. ALLEN CITY COUNCIL REGULAR MEETING MAY 3, 2001 PAGES ,Section 7.09.8.1(3) "The written consent of the property owner is required for all Political Signs located on [delete "non-residential') vacant property and that of the property manager or homeowner's association for all political signs located on multi -family property. The written permission shall be filed with the Chief Building Official." "Section 8.10 (c)(in) "All communication and electrical support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installation shall be pedestal or pad mounted or placed underground." The motion carred 14. TABLED ITEM: Appoint a Member to the North Texas Municipal Water District Board for a Two -Year Term Effective June 1, 2001, through May 31, 2003. This item was not removed from the table. Other Business 13. Calendar. • May 5—General Election • May I0—Canvass of Election/Council Chambers/6:30 p.m. • May 19—Employee Day at the Park/Ford Park/4-8 p.m. • May 28—City Offices Closed/Memonal Day Observed • June 30—Allen USA 14. Items of Interest. In accordance with The Texas Local Government Code, Legal, Section 551.071; Property, Section 551.072; Personnel, Section 551.074; Staff Presentations, Section 551075; the Allen City Council convened into Executive Session at 8:40 p.m. on Thursday, May 3, 2001, in the Council Conference Room, One Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to • Personnel – Discussion Concerning Appointment of a Public Officer, to wit: Representative to the North Texas Municipal Water District (NTMWD) Board of Directors The Executive Session was adjourned at 9:05 p.m. on Thursday, May 3, 2001. 15. Reconvene and Consider Action on Items Discussed during Executive Session. No action was taken. L ALLEN CITY COUNCIL REGULAR MEETING MAY 3, 2001 PAGE 6 Adjourn MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Fulk, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9.06 p.m, on Thursday, May 3, 2001. The motion carried. These minutes approved on the 17' day of May, 2001. ATTEST: r �r.cr��b � rk�S.wl.J irw J dy Mo ison, CMC/AAE, CITY SECRETARY 1. I APPROVED: 24�E:��e Stephen Terrell, MAYOR