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HomeMy WebLinkAboutMin - City Council - 1991 - 05/16 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 16, 1991 Present: Joe Farmer, Mayor Council Members: Kevin Lilly Mickey Christakos David Bishop Mike Nichols Steve Terrell Gary Edstrom, Mayor Pro Tem City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary WORKSHOP SESSION - 6:45 P.M. With a quorum of the Council Members present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:45 p.m. on Thursday, May 16, 1991, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Mayor Farmer began the review of the Consent Agenda items. Jon McCarty, City Manager, distributed information regarding bills associated with the 1985 Capital Improvement Program. Discussion was held regarding growth assumptions for the Development Impact Fee Study. These assumptions are on growth over the next ten years in accordance with Senate Bill 336. The document, "Land Use Assumptions for Development Impact Fees 1991- 2000 dated April 1991, will be used as the basis for the upcoming public hearing. It was suggested that Council set a date for a workshop to more fully review and understand this document. Even after adoption, this document will be reviewed every six months to ensure it is in line with current conditions. It was suggested that this item be pulled from the regular consent agenda and dealt with as a separate item. r Discussion was held regarding the specific use permit request for gasoline sales and a convenience store at SH 5 and FM 2170. This development will not be participating in the cost of the median cut. It is affected only by right-of-way and flood plain. ALLEN CITY COUNCIL WORKSHOP SESSION MAY 16, 1991 PAGE 2 Mayor Farmer reviewed Agenda Item VI, Citizens Comments. No one was aware of any citizens who would be speaking to this item. Mayor Farmer reviewed Agenda Item VII, Present Plaques-of-Appreciation to Bobby Glass and Alan Fyke, Former Members of Allen City Council. Bobby Glass and Alan Pyke will be present at the meeting to receive their plaques-of-appreciation. Mayor Farmer reviewed Agenda Item VIII, Public Hearing on a Request to Amend Planned Development No. 13 with Site Plan Approval for Food Store and Retail Site Located at the Southeast Corner of Bethany Drive and Jupiter Road as Requested by Southwind Properties and Consider an Ordinance Effecting this Change. The action requested by the Council is to either accept or deny the site plan as presented by Planning and Zoning Commission. Discussion was held regarding fencing and the need for signalization in that area. There will be a group of citizens present to speak on this item during the regular agenda. Mayor Farmer reviewed Agenda Item IX, Consider Request from Allen Jaycees to hold the Allen Country Fair on Main Street in Downtown Allen on September 7, 1991, Represented by Dana McGowan. This item will be represented by Dana McGowan from the Allen Jaycees. Ms. McGowan will be requesting that Main Street be closed and that the sale and display of merchandise be allowed on City property. It was felt that Council should consider each request of this nature as it comes up rather than giving a blanket authorization for entities to hold such events. Mayor Farmer reviewed Agenda Item X, Guest of Council: Jimmie Hones, Chief Appraiser, Collin County Appraisal District. Jimmie Honea will be present to discuss the agriculture exemption issue. Mayor Farmer reviewed Agenda Item XI, Accept Resignation of Melissa Owen, Planning and Zoning Commission, Place No. 3. A resignation letter was received by Melissa Owen and will need to be accepted by the City Council. Mayor Farmer reviewed Agenda Item XII, Legislative Update. Michael Stanger will be present to give a legislative update during the regular council meeting. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:27 p.m. on Thursday, May 16, 1991. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7:30 p.m. on Thursday, May 16, 1991, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item V) Councilmember Christakos requested that Item E, Set June 20, 1991 as Public Hearing ' Date to Consider Growth Assumptions for the Development Impact Fee Study be removed from the Consent Agenda. I 11 I ALLEN CITY COUNCIL REGULAR SESSION MAY 16, 1991 PAGE 3 MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by Councilmember Nichols, 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. Approval of Special Called Workshop Minutes of Issues, Goals and Objectives of May 1, 1991. B. Approval of City Council Minutes of May 2, 1991 - Regular Session. C. Approval of City Council Minutes of May 9, 1991 - Canvass of Election. D. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Carter and Burgess, Inc. $6,683.76 For: Design Services/Allen Special Use Facility 1985 Park Bond Funds Period: Thru March 1991 2. Clifford E. Fogus Company $9,730.80 For: Construction at City of Allen Cemetery Interest Earned Funds Period: Thru April 1991 3. Mahanney International $67.50 For: Equipment Move (Backhoe) 1985 Street Bond Funds Period: Thru April 5, 1991 4. Strawn Rental $456.81 For: Rental of Air Compressor for Crack Sealant Project 1985 Street Bond Funds Period: Thru May 8, 1991 5. Joe Hix Company $3,645.00 For: 12 Days of Backhoe Rental and 14 Days of Truck Rental (Asphalt Overlay) 1985 Street Bond Funds Period: Toru May 3, 1991 6. Farris Concrete $279.00 For: 6 Yards 3,000 Pound Concrete for Cedar and Watson 1985 Street Bond Funds Period: Thru May 7, 1991 I I ALLEN CITY COUNCIL REGULAR SESSION MAY 16, 1991 Eagle Enterprise For: Construction Repairs Old Library Renovation Interest Earned Funds Period: Thru January 8, 1991 Joe Barton King For: Coordination and Administration of Old Library Renovation (Final Bill) Interest Earned Funds Period: Thru May 15, 1991 Don L. Owen For: Install New Aircraft Warning Light, Photo Cell Wiring on Hillside Elevated Water Tank 1985 Water and Sewer Bond Funds Period: Thru April 18, 1991 Tax Report. PAGE 4 $720.00 $2,356.00 $2,450.37 G. Set June 6, 1991, as Public Hearing Date on a Request for Specific Use Permit for Gasoline Sales and Site Plan Approval for a Convenience Store and Repeal of Existing Specific Use Permit on Property Located at the Southwest Corner of SH 5 and FM 2170. The motion carried. End of Consent Aitenda MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Lilly, the Council voted seven (7) for and none (0) opposed to set May 30, 1991, 7:00 p.m. as a Council Workshop to discuss and consider growth assumptions for development impact fee study prior to the public hearing to be set June 20, 1991. The motion carried. Citizens' Comments (Agenda Item VI) There were no citizens' comments during the regular meeting. Present Plaques -of -Appreciation to Bobby Glass and Alan Tyke, Former Members of Allen City Council (Agenda Item VII) Mayor Farmer presented a plaque -of -appreciation to the following individuals for their years of service on the Allen City Council and extended the gratitude of the Council and the citizens of Allen for their services in this capacity. ALLEN CITY COUNCIL REGULAR SESSION MAY 16, 1991 PAGE 5 Present Plaques -of -Appreciation (Cont.) Bobby Glass Councilmember, Place No. 3 April 1987 - May 1991 Alan Fyke Councilmember, Place No. 5 May 1989 - May 1991 It was noted that Rex Womack, Councilman/Mayor Pro Tem January 1988 - May 1991, was not in attendance for receipt of his plaque -of -appreciation. The Mayor did receive a note from him stating: "I do want to express my deep and sincere appreciation to the citizens of Allen for giving me the honor of serving as their representative on the Council. I have a deep love for Allen and its people. My wish is for the continued success of the community. " Public Hearing on a Request to Amend Planned Development No. 13 with Site Plan Approval for Food Store and Retail Site Located at the Southeast Corner of Bethany Drive and Jupiter Road as Requested by Southwind Properties and Consider an Ordi- nance Effecting This Change. (Agenda Item VIII) Mayor Farmer read the following into the record: "Public hearing on a request to amend Planned Development No. 13 with site plan approval for food store and retail site located at the southeast corner of Bethany Drive and Jupiter Road as requested by Southwind Properties and consider an ordinance effecting this change." Bill Petty, Director of Community Development, indicated that this tract of land which has been requested by Southwind Properties for site plan approval has been zoned Planned Development - Shopping Center since 1983 and a grocery store is an allowable use in this district. The site plan has been reviewed and approved by the fire marshal and the fire lanes are indicated. The ingress/ egress and median cuts to the property have been reviewed and approved by the city engineer. The proponent will be required to add a left turn lane to the median cut in the westbound portion of Bethany at the time of development. Ali landscape requirements of the City of Allen have been satisfied and displayed on the site plan. Screening is not required between non-residential and residential; however, the proponent has agreed to install a concrete screening wall and will be screening dumpsters with concrete slats as indicated on the site plan. Following are findings of the Planning and Zoning Commission: 1. Signalization for the intersection should be considered as soon as possible. 2. The use is not being considered at this time, only the site plan. ALLEN CITY COUNCIL REGULAR SESSION rn� MAY 16, 1991 PAGE 6 Public Hearing on a Request to Amend Planned Development No. 13 (Cont.) 3. The requested barrier to east is not required by ordinance. 4. Traffic issues are not involved with the site plan. 5. Market conditions are not issues the Commission can consider during site planning. 6. The Commission cannot consider "downzoning" the property at this time. 7. The landscaping statistics shown on the site plan must be corrected. 8. All landscaping will be irrigated. 9. Increasing the height of the living screen around the loading area is appropriate. 10. The correct landscaping percentages must be shown on the site plan. 11. Dumpsters must be screened. 12. Lot 1, Block A, and Lot 3, Block A are not a part of the site plan; however, access is provided to those properties. 13. It is not known whether additional curb cuts will be provided, but it does not appear that there will be any needed. Messieurs Applebaum, Scott, Johnson and Adkins were present at the meeting representing the proponent. Mayor Farmer opened the public hearing. Eric Peterson, 601 High Trail, spoke before the Council. Mr. Peterson recommended that another type of plant, other than ligustrum, be used as a screening device. He recommended red tipped photinia be utilized since they are much heartier in the winter. He also had concerns regarding the connecting wall between the property and adjacent homeowners. He suggested that it either connect physically with the other wall or that a type of deterrent foliage be used at that location. He also suggested that the more aesthetic view of the fence face the residential area rather than the shopping center The proponent spoke in answer to these concerns and was in agreement with working with the homeowners on these particular items. Kathy Hayden, Ridgemont Drive, spoke before the Council. She had concerns regarding the traffic and lack of signalization. Bill Petty, Community Development Director, discussed the signalization process and the timeframe for which a signal may be installed at that intersection. The signal should be installed by the fall of 1992. ALLEN CITY COUNCIL REGULAR SESSION MAY 16, 1991 PAGE 7 Public Hearing on a Request to Amend Planned Development No. 13 (Cont.) Diane Mangone, 814 Fairlawn, spoke before the Council. She was concerned about the supermarket being across the street from the school. She questioned the hours of operation, delivery times and fencing. Leta Alexander, Fisher Road, spoke before the Council. Ms. Alexander indicated that she would like to see the signal during peak hours with a switch to flashing red light during school hours. With no one else speaking before the Council, Mayor Farmer closed the public hearing. Ordinance No. 1033-5-91: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Heretofore Amended, and Ordinance No. 459-9-83 of the City of Allen so as to Approve a Site Plan for the Development of 7.8742 Acres of Land, Therefore Restricting Tract B of the R. C. Ingraham Survey, Abstract 462, of the City of Allen, Collin County, Texas, Further Described as Being the Southeast Corner of Jupiter Road and Bethany Drive, Allen, Texas; Presently Delineated on the Official Zoning Map as Tract 13 of Planned Development No. 13; Providing for Exhibit "H" Site Plan; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 1033-5-91 as previously captioned with the proponent agreeing to work with staff regarding the screening, the concrete wall, the connection of the walls and signalization in accordance with staff and Planning and Zoning Commission recommendation. The motion carried. Council recessed from 8:25 p.m. to 8:35 p.m. Consider Request from Allen Jaycees to Hold Country Fair on Main Street in Downtown Allen on September 7, 1991, Represented by Dana McGowan (Agenda Item XI) Dana McGowan, 1991 Chairman of the Allen Jaycees, presented a request to the Council regarding the 10th Annual Allen Country Fair. The Allen Jaycees have received verbal approval from all merchants affected by this Fair. Specific requests were: ALLEN CITY COUNCIL REGULAR SESSION MAY 16, 1991 Consider Request from Allen Jaycees (Cont.) PAGE 8 1. Close the downtown area beginning 6:00 p.m., Friday, September 6 through 10: 00 p.m., Saturday, September 7. 2. Authorize the display and sale of goods on city property. 3. Liability insurance will be provided by the Allen Jaycees. 4. Consent of the merchants located and affected would be procured. 5. A special electrical box to be provided by the Jaycees connecting to the Old Police Department. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Lilly, the Council voted seven (7) for and none (0) opposed to authorize the Allen Jaycees to hold the Country Fair in downtown Allen on Main Street between Allen and Birch the weekend of Saturday, September 7, 1991, in accordance with the above stipulations. The motion carried. Guest of Council: Jimmie Hones, Chief Appraiser, Collin County Appraisal District (Agenda Item X) Jimmie Honea, Chief Appraiser of the Collin County Appraisal District spoke before the Council. He discussed the 1991 entity value loss due to agriculture use valuation for Collin County. He also showed the historical value loss due to agriculture use in the City of Allen since 1982. Mr. Hones reviewed the procedures to qualify for an agriculture use status. At the present time, the City of Allen has 90 applications for agricultural use. He also explained ineligible land for appraisal as open -space land and the procedures that are followed for handling properties with ag use valuation. There was no action taken on this item. Accept Resignation of Melissa Owen, Planning and Zoning Commission, Place No. 3 (Agenda Item XI) Melissa Owen submitted her resignation from Place No. 3, Allen Planning and Zoning and the Capital Improvement Advisory Committee. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to accept the resignation of Melissa Owen. The motion carried. Legislative Update (Agenda Item XII) Michael Stanger, Assistant to the City Manager, discussed the family home child care facility legislation before the House. He also indicated that the City of Allen, along with several other communities, are considering action regarding the regulation of private clubs. The action would give enabling power back to home rule cities. I I ALLEN CITY COUNCIL REGULAR SESSION MAY 16, 1991 PAGE 9 Other Business: Mayors and Councilmembers Annual Workshop (Agenda Item XIII -A) Council was reminded to notify Judy Morrison, City Secretary, with attendance plans for this workshop. Calendar (Agenda Item XIII -B) May 30, 7:00 p.m. Workshop: EconomicDevelopment&ImpactFee June 19, 7:00 p.m. Budget Workshop Committee Reports (Agenda Item XIII -C) Development: None Finance/Administration: None Services: A meeting has been scheduled for May 17 to discuss the work plan and to review the by-laws of the Substance Abuse Prevention Committee. Economic Development: The report has been reviewed with the Policy Oversight Committee and discussions are being held regarding alternate fundings and the upcoming Matra Event to be held in June. Items of Interest (Agenda Item XIII -D) There were no items of interest. Executive Session (Agenda Item XIV) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2(g), the Allen City Council convened into Executive Session at 9:35 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to personnel appointments to the Allen Substance Abuse Prevention Steering Committee and Review Status of Council Employees. The Executive Session was adjourned at 11:40 p.m. Reconvene (Agenda Item XV) The Allen City Council reconvened into regular session at 11:41 p.m. on Thursday, May 16, 1991, in the Council Chambers of the Allen Municipal Annex. MOTION: Upon a motion made by Councilmember Nichols and seconded by Couneilmember Christakos, the Council voted seven (7) for and none (0) opposed to appoint the following individuals to places on the Allen Substance Abuse Prevention Steering Committee. ALLEN CITY COUNCIL REGULAR SESSION 7 MAY 16, 1991 PAGE 10 1 I Reconvene (Cont.) Place No. 1 Place No. 3 Place No. 4 Place No. 5 Place No. 7 The motion carried. Workshop on Goals and Objectives Todd Renshaw Anita Rushing Terri Rivers Lois Lindsey Mark Tuck Expiration 3/1/93 3/1/93 3/1/92 3/1193 3/1/93 (Agenda Item XVI) There was no action taken on this item due to time constraints. Adjourn (Agenda Item XVII) MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11: 43 p.m., on Thursday, May 16, 1991. The motion carried. These minutes approved on the 6th day of June, 1991. ATTEST: Mo"n, CITY SECRETARY APPROVED: "t 5;0'0 "« oe Farmer, MAYOR