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HomeMy WebLinkAboutMin - City Council - 1992 - 05/07 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1992 Present: Joe Farmer, Mayor Councilmembers: Kevin Lilly Mickey Christakos David Bishop Mike Nichols Steve Terrell Gary Edstrom, Mayor Pro Tem (arrived at 7:10 p.m Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary I WORKSHOP SESSION - 6:45 P.M. With a quorum of the Councilmembers present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:52 p. m. on Thursday, May 7, 1992, 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. Discussion was held regarding the Quarterly Financial Report. Water sales have held steady this year in comparison with last year. Franchise fees are paid to the City once a year and they have not come in at the present time. Mayor Farmer reviewed Agenda Item IX, Citizens' Comments. City Manager Jon McCarty indicated that Bob Butcher expressed an interest in receiving the Council agenda packet. He was unsure whether Mr. Butcher would be attending the meeting this evening. Mayor Farmer discussed a request to appear from Mrs. Chase, Allen Child Care Association, 716 Deep Well Drive. A great deal of discussion was held regarding this item. The Park Ordinance indicates that permission must be granted by the City Council for the sale of this type of item. However, by a Council decision, this could allow someone every weekend selling goods in a park facility. A question was raised regarding the health issue and the permitting process by the City Administration Health Officer. Since this is not a commercially run project, the Health Officer would not be able to inspect the kitchens in WORKSHOP SESSION MAY 7, 1992 PAGE 2 ALLEN CITY COUNCIL this case. Council felt that if there would be a problem in the future, Council may need to review this process. Discussion was held regarding Item XI, Public Hearing on a Request to Amend Zoning on 10.193 Acres of Land from Multi -Family to Single -Family Residential, Located at Southwest Corner of Exchange Parkway and Malone Road as Requested by the Nelson Corporation and Consider an Ordinance Effecting this Change. Discussion was held regarding the recommendation by Planning and Zoning Commission that the rear building line be 18 feet. Staff has made a recommendation that this be changed to 15 feet. The 18 foot minimum length on driveways is already a requirement of the Zoning Ordinance; therefore, regardless of the rear yard building line, the garage area cannot be built closer than 18 feet to the alley. Executive Session (Agenda Item V) Inaccordance with Article 6252-17, V.A.T. C. S. (Open Meetings Law), Sections 2(f) and 2(g), the Allen City Council convened into Executive Session at 7:18 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to (A) Legal Counsel Regarding Bank Depository and (B) Review Hiring Procedures. The Executive Session was recessed at 7:30 p.m. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:30 p.m. on Thursday, May 7, 1992. Reconvene (Agenda Item V) The Allen City Council reconvened into regular session at 7:30 p.m. on Thursday, May 7, 1992, in the Council Chambers of the Allen Municipal Annex. 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 7:34 p.m. on Thursday, May 7, 1992, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Items Related to May 2, 1992 City Counnil Election (Agenda Item VI) City Secretary Judy Morrison reviewed for the City Council the election returns for the City Council Election held on Saturday, May 2, 1992. Mrs. Morrison reviewed with the Council the handout materials which included a summary of precinct returns, a record of ballot distribution, election results by candidates, noting statistics by precinct, and a review of recent voting history. The precinct returns verify the following results: 11 ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1992 Canvass Elections Results NAME OF CANDIDATE Joe Farmer Mickey Christakos Mike Nichols Sharon Hamner Resolution Declaring Results MAYOR'S PLACE Resolution No. 1103-5-92(R): AResciutionof the City Council of the City of Allen, Collin County, Terms, Declaring the Results of the General Election of the Allen City Council Held on May 2, 1992. - PLACE NO. 2 - PLACE NO. 4 - PLACE NO. 6 PAGE 3 (Agenda Item VI -A) TOTAL NUMBER OF VOTES RECEIVED 610 569 573 567 (Agenda Item VI -B) Mayor Farmer advised the Council that the proposed resolution showed the total cumulative votes cast in the election, being 690, with the following individuals being declared to receive the highest number of votes and being declared as the official elected Mayor and Councihnembers: Joe Farmer - Mayor's Place Mickey Christakos - Place No. 2 Mike Nichols - Place No. 4 Sharon Hamner - Place No. 6 MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by Councilmember Lilly, the Council voted seven (7) for and none (0) opposed to approve and adopt Resolution No. 1103-5-92(R) as previously captioned. The motion carried. I A I ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1992 PAGE 4 Administration of Oaths-of-Offlce (Agenda Item VI -C) City Secretary Judy Morrison administered the oaths -of -office to the re-elected Mayor in the Mayor's Place, Joe Farmer, to the re-elected Councilmember Mickey Christakos, Place No. 2, to the re-elected Councilmember Mike Nichols, Place No. 4 and to the newly elected Councilmember Sharon Hamner, Place No. 6. Certificates of Election (Agenda Item VI -D) City Secretary Judy Morrison presented a Certificate of Election to Mayor Joe Farmer and offered congratulations on his re-election. Mayor Farmer presented the Certificates of Election to Councilmembers Mickey Christakos, Mike Nichols and Sharon Hamner and offered congratulations to those individuals. At this time, Councilmember Shaon Hamner took her place on the Council Bench. Mayor Farmer extended a warm welcome to new member Sharon Hamner and indicated there is much to do to better the community of Allen. The Mayor and Council expressed appreciation to outgoing Mayor Pro Tem Gary Edstrom for all his dedication and hard work the last four years. Election of Mayor Pro Tem (Agenda Item VII) The Allen City Council is authorized by the City Charter to elect from among themselves a Mayor Pro Tem at the first meeting following the election. Councilmember Nichols nominated Councilmember Lilly as Mayor Pro Tem for the Allen City Council. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed with Kevin Lilly abstaining that nominations cease and that Kevin Lilly be elected by acclamation to the designated place of Mayor Pro Tem on the Allen City Council. The motion carried. CONSENT AGENDA (Agenda Item VDI) MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop, 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 April 14, 1992, Joint Public Hearing of Planning and Zoning Commission and City Council on Comprehensive Plan Update. B. Approve Minutes of April 16, 1992, Regular Meeting. ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1992 PAGE 5 C. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Cumming & Pewitt, Inc. $ 1,560.00 For: FM 2170 Utility Locations - Sanitary Sewer State Revolving Fund - Sewer Period: Thru March 31, 1992 2. Cumming & Pewitt, Inc. $ 2,625.00 For: FM 2170 Utility Locations - Water State Revolving Fund - Water Period: Thru March 31, 1992 3. Architectural Utilities, Inc. $22,705.00 For: On Site Construction Bethany Lakes less 5% Retainage 1985 Park Bond Funds Period: Thru April 30, 1992 D. Set June 4, 1992 as Public Hearing Date to Amend Planned Development No. 12 Located East of South Fountain Gate Drive and South of FM 2170 from Garden Office uses to Single Family Zoning. E. Set May 21, 1992 as Public Hearings Date on a Request to Annex 63.111 Acres of Land Located North of Chaparral Road and West of Cottonwood Creek. F. Tax Report. G. Approve the 1992-93 Fiscal Year Budget Calendar. H. Quarterly Financial Report. The motion carried. End ofConsent Agenda Citizens' Comments (Agenda Item IR) There were no citizens' comments. ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1992 PAGE 6 Request to Appear from Mrs. Chase Regarding Sale of Baked Gooch in City Parka (Agenda Item X) Denise Estrada, President of the Allen Child Care Association, 718 Deep Well Drive, spoke before the Council with a request to vend baked goods on city park property. The Allen Child Care Association offers networking for home day-care providers to share ideas and advise and offer support to each other. The Association is planning a fund raiser to help offset expenses for the rental of St. Jude's facility for their meetings, advertisement of services in the Allen American, and membership expenses for the Allen Chamber of Commerce. Due to a contract with a concessionaire at Ford Park, Staff has recommended that their request to hold bake sales be held inside the Ford Pool area during the summer. The organization has sixty members in Allen; however, it is a state-wide organization. In accordance with Section 11-39, Subsection 17 of the Allen City Code, the Allen City Council has authority to authorize a permit for sales of such items on city owned property. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to authorize the Allen Child Care Association to sponsor four baked -goods sales at Ford Park Pool throughout the summer on four different Saturdays with details to be worked out with Staff when those dates would be. The motion carried. Public Hearing on a Request to Amend Zoning on 10.193 Acres of Land from Multi -Family to Single -Family Residential, Located at Southwest Corner of Exchange Parkway and Malone Road as Requested by the Nelson Corporation and Consider an Ordnance Effecting thin Change (Agenda Item XI) Mayor Farmer read the request into the record as follows: "Public Hearing on a request to amend zoning on 10.193 acres of land from multi -family to single-family residential, located at southwest corner of Exchange Parkway and Malone Road as requested by the Nelson Corporation and consider an Ordinance effecting this change." Bill Petty, Director of Community Development, indicated that, the Nelson Corporation, representing Legacy Homes, is requesting that a portion of PD 11 that is zoned multi -family be changed to single-family detached. The proposal includes a plan for 52 lots which translates into a density of 5.6 dwelling units per gross acre. The proposed minimum house size is 1200 square feet. Craig Curry with the Nelson Corporation representing Legacy Homes spoke before the Council. He reviewed the site plan and indicated that he was in agreement with the Planning and Zoning recommendations and Staff's modified recommendation. Mayor Farmer opened the Public Hearing and asked for anyone speaking either for or against the request to do so at this time. ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1992 PAGE 7 With no one speaking either for or against the request, Mayor Farmer closed the Public Hearing. Planning and Zoning Commission brought forth the following findings: 1. Rear building line will be 18 feet. 2. City Staff will review and approve the placement of two alley entrances on Block A from Oak Tree. 3. Existing alley entrance on Oak Tree will be removed. 4. All sales offices will prominently display adjacent zoning of retail parcel. 5. The street yard on Lot 12, Block B, will be 20 feet. John Landon, President of Legacy Homes, indicated that there will be a diagram in the Sales Office showing prospective home buyers the zoning of property adjacent to this area. A question was raised regarding the viability of multi -family rather than single- family homes. Due to the size limitation of this property, multi -family is not a viable option MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1104-5-92 as previously captioned in accordance with Planning and Zoning recommendation with the exception that the rear building line be 15 feet rather than 18 feet. The motion carried at this time. Ordinance No. 1104-5-92: An Ordinance of the City of Allen, Collin County, Tema, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, and Ordinance No. 457-9-83 (Planned Development No. 11) by Changing the Multi- family Zoning to Single-family Residential on Approximately 9.3448 Acrse of Land, More or Lass, Out of the Peter Fisher Survey, Abstract No. 324, Collin County, Terre; Providing for a Site Plan; Providing for Area and Use Regulations; Providing for Notification Requirements, 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 Christakos and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1104-5-92 as previously captioned in accordance with Planning and Zoning recommendation with the exception that the rear building line be 15 feet rather than 18 feet. The motion carried ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1992 PAGE 8 Mayor Joe Farmer and Mayor Pro Tem Kevin Lilly excused themselves from the meeting at this time. Councilmember Nichols was asked to chair the meeting in their absence. Tabled Item: Award Bid and Authorise CoatreMing for Bank Depository (Agenda Item XII) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Terrell, the Council voted five (5) for and none (0) opposed to remove this item from the table. The motion carried. The Allen City Council has received legal counsel regarding this item and has reviewed it carefully. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Terrell, the Council voted five (5) for and none (0) opposed to award the depository contract to First National Bank of Allen. The motion carried. Council took a brief recess and reconvened into regular session. Mayor Farmer indicated that Council had been in Executive Session prior to the regular meeting which had been recessed. Further business needed to be discussed on items that were not completed during the previous Executive Session. Executive Session (Agenda Item V) Inaccordance with Article 6252-17, V.A.T. C. S. (Open Meetings Law), Sections 2(f) and 2(g), the Allen City Council reconvened into Executive Session at 9:45 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertainin to (A) Legal Counsel Regarding Bank Depository and (B) Review Hiring Procedures. The Executive Session was adjourned at 10:54 p.m. Reconvene (Agenda Item V) The Allen City Council reconvened into regular session at 10:56 p.m. on Thursday, May 7, 1992, in the Council Chambers of the Allen Municipal Annex. (Agenda Item XIII) MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to table consideration of approving by-laws of the Allen Economic Development Corporation and to authorize the Mayor to contact the presiding officer of the Economic Development Corporation to clarify those points discussed during Executive Session. The motion carried. I 0 I ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1992 • c1 PAGE 9 e Comprehensive Plan Update (Agenda Item XIV) MOTION: Upon a motion made by Counetimember Bishop and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to table the item. The motion carried. Other Buatneas: Calendar May 15 Spring Planning Session 2:00 p.m. Library Meeting Room (Agenda Item XV -A) May 16 Spring Planning Session 8:00 a. m. to 5:00 p.m. Library Meeting Room June 9 Board interviews will not be held June 10 CIIP meeting - deleted June 14 Flag Day festivities at City Hall Subcommittee Reports There were no subcommittee reports. 6:00 P.M. The Quarterly Subcommittee Meeting was not set. (Agenda Item XV -B) Items of Interest (Agenda Item XV -C) • June 14 - Flag Day - will be coordinated with the Parks Department. • FM 2170 underpass was discussed. Council would like to look at this item more closely in the near future. • Regarding a citizen's comment from the last meeting, the City Manager has provided written information to the Council regarding hiring procedures of the City especially that position as Program Coordinator for the Parks Department. Council feels all personnel procedures were done in accordance with standard personnel practices of the City. ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1992 PAGE 10 Workshop on Spring Planning Session: Items Related to 3trategio Planning (Agenda Item XVI) Chip and Diane Kerr led discussions with the Council regarding strategic planning for the upcoming year. Last year's Mission Statement was reviewed as was last year's list of issues. Discussion of new issues took place and the Kerrs invited the Council to force rank these issues. Further information will be forthcoming regarding this topic prior to Spring Planning Session. (Agenda Item XVII) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:42 a.m., on Friday, May 8, 1992. The motion carried. These minutes approved on the 21st day of May , 1992. APPROVED: Joe Farmer, MAYOR ATTEST: 1 I�