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HomeMy WebLinkAboutMin - City Council - 1992 - 11/05 - RegularPresent: Joe Farmer, Mayor Councilmembers• Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop Mike Nichols Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:15 P.M. With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:35 p.m. on Thursday, November 5, 1992, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item VI) Mayor Farmer began the review of the Consent Agenda items. There was no discussion on the Consent Agenda. Discussion was held regarding Agenda Item VII, Council Committee Reports. Minutes for the Mayor's Subcommittee were distributed to the Council. An attorney's opinion from Robert L. Dillard, III, was distributed to the Council regarding voluntary dedication of a school site in connection with the platting of a subdivision in the City. The Finance /Administration Subcommittee reported work completed on the annual work program for fiscal year 1992-93. Discussion was held regarding Agenda Item VIII, Citizen's Comments. It was felt there would be citizens present to discuss various public hearings this evening. L ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1992 Present: Joe Farmer, Mayor Councilmembers• Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop Mike Nichols Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:15 P.M. With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:35 p.m. on Thursday, November 5, 1992, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item VI) Mayor Farmer began the review of the Consent Agenda items. There was no discussion on the Consent Agenda. Discussion was held regarding Agenda Item VII, Council Committee Reports. Minutes for the Mayor's Subcommittee were distributed to the Council. An attorney's opinion from Robert L. Dillard, III, was distributed to the Council regarding voluntary dedication of a school site in connection with the platting of a subdivision in the City. The Finance /Administration Subcommittee reported work completed on the annual work program for fiscal year 1992-93. Discussion was held regarding Agenda Item VIII, Citizen's Comments. It was felt there would be citizens present to discuss various public hearings this evening. L ALLEN CITY COUNCIL WORKSHOP SESSION NOVEMBER 5, 1992 PAGE 2 Discussion was also held regarding a channel 8 report regarding notices of eviction at the Bethany Apartments. Phone calls have also been received regarding the notification in the Allen American that the City Council would be held on Monday night rather than Thursday night. Discussion was held regarding Agenda Item IX -A, Public Hearing on a Request to Revise Planned Development No. 16, Being 303.0474 Acres Located South of McDermott and West of Watters Branch as Requested by Allen Central Joint Venture and Consider an Ordinance Effecting this Change. Bill Petty, Director of Community Development, will be presenting information regarding this item. Mr. Petty complimented Bon Terre Residential and Mr. Joel Robuck, in particular, for the professionalism displayed in developing a "Class P" plan to present to the Council. Mrs. Francis Williams has been involved in the developmental process to ensure an extra wide outside lane on FM 2170 to provide adequate cycling lanes. The school district has been notified regarding this development and officials are pleased with the placement of the community facility property. Nine acres will be dedicated to the City of Allen at this time with additional acreage to be dedicated when adjacent property is developed. Discussion was held regarding Agenda Item IX -B, Public Hearing on a Request for Special Use Permit for a Church to be Located in a Shopping Center at the South West Corner of Allen Heights Drive and Bethany Drive as Requested by Calvary Baptist Church and Consider an Ordinance Effecting this Change. This is an allowable use in a shopping center. The site is not ideal for commercial development due to restricted visibility. However, this will be a high traffic corner in the future which would generally make it ideal for commercial. Calgary Baptist Church feels this piece of property would be a good investment for them as well as a low-cost development site since the roads are already in place. Discussion was held regarding Agenda Item IX -C, Public Hearing on a Request for Special use Permit with Site Plan Approval for a Church Facility Located at 1024 South Greenville Avenue as Requested by Jerry Aris and Consider an Ordinance Effecting this Change. Due to the fact that this request is in a lease space, upon vacating that space, it will revert to its original zoning classification - light industrial. Due to a clerical oversight, Staff is asking Council for authorization to set a public hearing date at the regular meeting to be held on Thursday, December 3, 1992, at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex to consider a request for a Specific Use Permit for an arcade to be located at Pebblebrook Village Shopping Center, 410 N. Greenville Avenue, Suite 114, as requested by Donald Ray White representing Sunbelt Savings Association. Council granted Staff that authorization. Discussion was held regarding Agenda Item X, Public Hearing to Consider the Creation of a Reinvestment Zone and Consider an Ordinance Establishing Reinvestment Zone No. 2. David Pitstick, Director of Economic Development, will present information regarding the establishment of Reinvestment Zone No. 2. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:20 p.m. on Thursday, November 5, 1992. A ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1992 PAGE 3 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, November 5, 1992, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item V) MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve and adopt an items on the Consent Agenda as recommended and as follows: A. Approve Minutes of October 15, 1992, Regular Meeting. B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Acquisition Associates, Inc. $ 2,385.00 For: Acquisition Services Rendered for FM 2170 Parcel #40, 41, 42. 1985 Water and Sewer Bond Funds Period: Thru October 22, 1992 2. Wal Mart $ 24.52 For: Supplies for Senior Citizen's Center Interest Earned Bond Funds Period: October 22, 1992 3. Dodson Contractors, Inc. $ 900.00 For: Senior Citizens Building Renovation Interest Earned Bond Funds Period: September 1992 4. Dodson Contractors, Inc. $ 4,880.00 For: Senior Citizens Building Renovation Interest Earned Bond Funds Period: September 1992 5. Gaylord Bros. $ 4,687.40 For: Computer Furniture Library Automation Interest Earned Bond Funds Period: October 1992 6. Texas Environmental Management $ 5,611..00 For: Bethany Lakes Grassing 1985 Park Bond Funds Period: October 16, 1992 ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1992 PAGE 4 C. Set December 3, 1992, as Public Hearing date to Rezone 63.111 Acres from A -O to Flood Plain -Planned Development for Single Family use Located North of Chaparral Road and West of Cottonwood Creek. The motion carried. End of Consent Agenda Council Committee Reports (Agenda Item VII) Finance/Administration: • The work program for fiscal year 1992-93 has been finalized. Services: Meeting has been scheduled for tomorrow morning to discuss: • ASAP • Fire Department rr Police Department • Library Development: A meeting was held on October 21 to discuss: • Work program • Upcoming air carrier meeting on November 16 Mayor's: • CIIP finalization of plans • Municipal Court Judge vacancy Citizen's Comments (Agenda Item VIII) There were no citizen's comments. Public Hearings on Zoning Cases (Agenda Item IX) Public Hearing on a Request to Revise Planned Development No. 26, Being 303.0474 Acres Located South of McDermott and West of Watters Branch as Requested by Allen Central Joint Venture and Consider an ordinance Effecting this Change (Agenda Item IX -A) Bill Petty, Director of Community Development, discussed the original zoning on the 303 acre piece of land and discussed the changes as being proposed. The overall density ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1992 PAGE 5 of this piece of property has been lessened. A multi -family district is replacing a commercial area which is much better suited for this piece of land due to the rolling hills and beautiful tributary that is covered with vegetation and surrounded by tall trees. The terrain of the proposed commercial tract has a level slope with no creeks or trees and is at the corner at two major thoroughfares. This too, is much better suited for the planned tract. The proponent has agreed to construct an eight (8) foot alternative transportation path along Watters Creek. This action is in accordance with the City's linear park program and this parcel will satisfy the planned development's open space requirement. Nine acres will be dedicated at the time of platting to the City of Allen and will have the designation of community facilities. The proponent has given a general commitment regarding tree preservation in the residential tracts. An alternative transportation route will be adjacent to the east/west collector streets using an additional four (4) feet of right -o£ -way that will be dedicated to the City of Allen for this purpose. Joel Robuck, applicant and developer of the property, spoke before the Council regarding this request. He introduced Walt Humann, President of Bon Terre Residential, Vernon Henry - land planner, and Gary Yost - Barton Aschman. Mr. Robuck expressed his appreciation and compliments in working with the Staff in the development of this property. Mr. Robuck informed the Council that this development meets the requirements of the City of Allen regarding the master thoroughfare plan, traffic analysis, land use plan, and dedication of green belt and community facility requirements. He also agrees with Planning and Zoning recommendations of a general commitment for tree preservation, right-hand turn lanes at McDermott on Alma, and the dedication of the community facility area will be executed during the first plat. This project will be a six (6) to eight (8) year project completed in three (3) stages, with the development providing over $1 million dollars in roads and trails and specific enhancements. Impact Fees to the City will include $482,000 for Phase I. Gary Yost, representing Barton-Aschman Associates, Inc., reviewed the traffic impact analysis for this development. Mayor Farmer read the request into the records as follows: "Public Hearing on a Request to Revise Planned Development No. 26, Being 303.0474 Acres Located South of McDermott and West of Watters Branch as Requested by Allen Central Joint Venture and Consider an Ordinance Effecting this Change." 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 NOVEMBER 5, 1992 PAGE 6 Bill Welter, 919 Blackstone Drive, spoke before the Council regarding home density. Bob Butcher, 926 Rivercrest, spoke before the Council regarding cycling right -o£ -way on McDermott. Rob Carver spoke before the Council on behalf of cycling associations and applauded the City on their forward thinking of responding to cycling needs. He offered free technical support for bike ways as development progresses. Kevin Pierce, 604 Sandy Creek, spoke before the Council and applauded the thought and consideration in this plan. Francis Williams spoke before the Council and asked that they consider additional width for roadways on both Bethany and McDermott and felt that Allen could be on the cutting edge of an alternative transportation for north Texas. With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. Discussion was held regarding the size of homes in the different phases of this development. Also, it was noted that bike trails were submitted to the ISTEA funding program as a priority for the City of Allen. Discussion was held regarding the entry to the subdivision, the landscaped area along FM 2170 and the fencing being proposed by the developer. It was noted and the developer agreed that the minimum dwelling size for the multi -family residential shall be an average of not less than 900 square feet and 25% of those, not less than 1,000 square feet. The following findings of the Planning and Zoning Commission were considered: 1. Open space is addressed. 2. The plan agrees with the thoroughfare plan. 3. The concerns of the community for schools were considered. 4. Traffic study was completed. 5. Use is compatible with adjacent zoning. 6. Overall less density than existing zoning. 7. Traffic between U.S. 75 and this development is a concern. 6. More Community Facilities than previous zoning. 9. Multi -family better situated than in the previous plan and more consistent with the current Comprehensive Plan. I ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1992 PAGE 7 The proponent has offered the following amendments to Planning and Zoning's request: 1. A general commitment for tree preservation. Right -turn lane at McDermott will be dedicated. Dedication of the community facilities area will be completed with the first plat. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to approve Ordinance 1140-11-92 as previously captioned in accordance with Planning and Zoning Commission recommendation. The motion carried. Public Hearing on a Request for Specific Use Permit for a Church to be Located in a Shopping Center at the South West Corner of Allen Heights Drive and Bethany Drive as Requested by Calvary Baptist Church and Consider an Ordinance Effecting this Change (Agenda Item DC -B) Bill Petty, Director of Community Development, presented the zoning request by the Calvary Baptist Church for a Specific Use Permit at the southwest corner of Allen Heights Drive in Bethany Drive. The site plan has been reviewed by the City Engineer and Fire Marshall and all relevant parking and landscaping requirements have been satisfied. Pastor Paul Price was present to address the Council regarding this request. He indicated he would like the building to begin immediately and to be available on January 1. I Ordinance No. 1140-11-92: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87 as Heretofore Amended, and Ordinance No. 546-9-84, of the City of Adan, Texas, to Amend Planned Development No. 26; Providing for the Attachment of Rxhibit "D" Land Use Plan, and Exhibit TME" Use and Area Regulations; Presently Delineated on the Official Zoning Map as Planned ■ Development No. 26; Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars (f2,000)for Each Offense; Providing for an Effective bate; and Providing for Publication of the Caption. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to approve Ordinance 1140-11-92 as previously captioned in accordance with Planning and Zoning Commission recommendation. The motion carried. Public Hearing on a Request for Specific Use Permit for a Church to be Located in a Shopping Center at the South West Corner of Allen Heights Drive and Bethany Drive as Requested by Calvary Baptist Church and Consider an Ordinance Effecting this Change (Agenda Item DC -B) Bill Petty, Director of Community Development, presented the zoning request by the Calvary Baptist Church for a Specific Use Permit at the southwest corner of Allen Heights Drive in Bethany Drive. The site plan has been reviewed by the City Engineer and Fire Marshall and all relevant parking and landscaping requirements have been satisfied. Pastor Paul Price was present to address the Council regarding this request. He indicated he would like the building to begin immediately and to be available on January 1. I ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1992 PAGE 8 Mayor Farmer read the request into the records as follows: "Public Hearing on a Request for Specific Use Permit for a Church to Located in a Shopping Center at the South West Corner of Allen Heights Drive and Bethany Drive as Requested by Calvary Baptist Church and Consider an Ordinance Effecting this Change." Mayor Farmer 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 Farmer closed the public hearing. The design of the request with parking in front of the building allows for building expansion to the rear and to the side. The rear will be mowed and planted with trees to allow for a park -like setting. It was noted that at the time the church moves to this location it will be referred to as Bethany Baptist Church rather than Calvary Baptist Church. Discussion was held regarding the Specific Use Permit being revoked upon the abandonment of the use as a church by the proponent, Bethany Baptist Church, to that of shopping center. Ordinance No. 1141-I1-92: An Ordinance of the City of Alien, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, so as to Amend Ordinance No. 1114-6-92, Being Planned Development No. 22, and Attach a Specific Use Permit for a Church with Site Plan Approval on the Following Described Tract of Land: 4.1450 Acres of land out of the R. C. Whisenant Survey, Abstract No. 1012, City of Allen, Collin County, Texas; Providing for Exhibit "L" Site Plan; Providing for the Condition that the Specific Use Permit be Removed and Shopping Center Uses Reinstated Automatically Upon the Abandonment of the Use as a Church by the Proponent, Bethany Baptist Church, Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars (;2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1992 PAGE 9 MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to approve Ordinance 1141-11-92 to include the wording Providing for the condition that the Specific Use Permit be removed and shopping center uses reinstated automatically upon the abandonment of the use as a church by the proponent, Bethany Baptist Church as previously captioned and in accordance with Planning and Zoning Commission recommendation. The motion carried. The Council took a brief recess from 8:50 p.m. to 9:00 p.m. Public Hearing on a Request for Specific Use Permit with Site Plan Approval for a Church Facility Located at 1024 South Greenville Avenue as Requested by Jerry Aris and Consider an Ordinance Effecting this Change (Agenda Item IX -C) Bill Petty, Director of Community Development, spoke before the Council regarding the zoning request for a Specific Use Permit for a church with site plan approval. This property is located at 1024 S. Greenville Avenue and is zoned light -industrial in Neighborhood District 28. A church is allowed by Specific Use Permit in light -industrial districts. The Specific Use Permit will allow for the return to light -industrial zoning after the church vacates the premises. Mayor Farmer read the request into the records as follows: "Public Hearing on a Request for Specific Use Permit with Site Plan Approval for a Church Facility Located at 1024 South Greenville Avenue as Requested by Jerry Aris and Consider an Ordinance Effecting this Change." Mayor Farmer 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 Farmer closed the public hearing. Ordinance No. 1142-11-92: An Ordinance of the City Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, by Attaching a Specific Use Permit with Site Plan Approval with Provision for Revocation of the Permit when the Property is Vacated, for a Church in Suites 180 and 170 of the Texet Addition to the City of Allen, Collin County, Texas, Presently Delineated on the Official Zoning Map as Light ■ Industrial; Providing for a Penalty of $2,000 ` per Day; Providing for an Effective Date; and Providing for Publication of the Caption. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1992 PAGE 10 MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Couneilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve Ordinance 1142-11-92 as previously captioned and in accordance with Planning and Zoning Commission recommendation. The motion carried. Public Hearing to Consider Creation of a Reinvestment Zone and Consider an Ordinance Establishing Reinvestment Zone No. 2 (Agenda Item X) David Pitstick, Economic Development Director, spoke before the Council regarding the public hearing in consideration of Reinvestment Zone No. 2. The presiding officers of the Collin County Central Appraisal District, Collin County Community College, Collin County and Allen Independent School District were informed of this public hearing in writing seven (7) days prior to the hearing. A notice was also posted in the local paper, The Allen American. Mayor Farmer read the request into the records as follows: "Public Hearing to Consider the Creation of a Reinvestment Zone and Consider an Ordinance Establishing Reinvestment Zone No. 2." Mayor Farmer 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 Farmer closed the public hearing. Ordinance No. 1143-11-92: An Ordinance of the City of Allen, Collin County, Texas, Designating a Certain Area as an Industrial Reinvestment Zone; Providing for the Establishment of Agreements Within the Zone, and Other Matters Relating Thereto; Providing Findings of Fact; Providing a Severability Clause; and Providing an Effective Date for the Commencement of the Reinvestment Zone and this Ordinance. Staff requested Council to amend the Ordinance presented to them by including Section 3 only the following sentence: "The operation of Zone No. 2 shall commence on November 5, 1992." Also, Section 4 is to be deleted and Section 5 is to become Section 4. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to approve Ordinance 1143-11-92 as amended and previously captioned, according to Staff recommendation. The motion carried. ALLEN CITY COUNCIL i REGULAR SESSION i NOVEMBER 5, 1992 PAGE 11 E, Other Business* Calendar November 16 9:00 a. m, November 18 2:00 p.m. - 6:00 P.M. December 5 5:30 p.m. December 5 7:00 P.M. December 10 7:00 p.m. - 9:00 p.m. December 12 9:00 a.m. - Noon December 12 2:00 p.m. - 4:00 p.m. December 15 7:00 p.m. G.O.W. (Agenda Item XI) (Agenda Item XI -A) Finance/Administration meeting Senior Citizen "Open House" Christmas parade Tree lighting ceremony at Bethany Lakes CIIP meeting at the Library "Trout Fish -Out" at Bethany Lakes CUP meeting at the Library Board appreciation dinner (Agenda Item XI -B) It was noted that the Committee of the Whole ( C.O.W.) meeting was very profitable. Items of Interest (Agenda Item XI -C) A special session has been called of the state legislature for November 10 regarding school financing. Executive Sesamn (Agenda Item XII) 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 10:00 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to: • Municipal Judge Position Vacancy • Allen Substance Abuse Prevention Coordinator Vacancy The Executive Session was adjourned at 11:30 p.m. Reconvene (Agenda Item XIII) The Allen City Council reconvened into regular session at 11:31 p.m. on Thursday, November 5, 1992, in the Council Chambers of the Allen Municipal Annex. • Municipal Judge Position MOTION: Upon a motion made by Councilmember Christakos and seconded by Councihnember Terrell, the Council voted seven (7) for and none (0) opposed to declare a vacancy for the Municipal Judge position and approve the job i description and application process for the Municipal Judge and Alternate Municipal Judge positions. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1992 PAGE 12 • Allen Substance Abuse Prevention Coordinator There was no action taken on this item. Adiourn (Agenda Item XIV) 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 adjourn the regular session of the Allen City Council at 11:32 p.m., on Thursday, November 5, 1992. The motion carried. These minutes approved on the 19th day of November , 1992. ATTEST: ww"= M, ifto ;t:. C APPROVED: J6e Farmer, MAYOR