Loading...
HomeMy WebLinkAboutMin - City Council - 1992 - 12/03 - 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 6:30 p.m. on Thursday, December 3, 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 II) Mayor Farmer began the review of the Consent Agenda items. It was noted that the motion on page 5 of the minutes for November 19 was incomplete but the item would be corrected. Council requested that minutes of the subcommittee reports not be included in the packet if they had already been discussed. This may mean that each subcommittee may not have minutes in the agenda each council meeting day. During the subcommittee report in the council meeting Bill Petty, Director of Community Development, will be discussing a special presentation. Discussion was held regarding Agenda Item VIII, Presentation of Employee Tenure Pins. The City Manager will be presenting the tenure pins and the Mayor will present Certificate -of -Service to those employees receiving the presentations. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 3, 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 6:30 p.m. on Thursday, December 3, 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 II) Mayor Farmer began the review of the Consent Agenda items. It was noted that the motion on page 5 of the minutes for November 19 was incomplete but the item would be corrected. Council requested that minutes of the subcommittee reports not be included in the packet if they had already been discussed. This may mean that each subcommittee may not have minutes in the agenda each council meeting day. During the subcommittee report in the council meeting Bill Petty, Director of Community Development, will be discussing a special presentation. Discussion was held regarding Agenda Item VIII, Presentation of Employee Tenure Pins. The City Manager will be presenting the tenure pins and the Mayor will present Certificate -of -Service to those employees receiving the presentations. ALLEN CITY COUNCIL WORKSHOP SESSION DECEMBER 3, 1992 PAGE 2 Discussion was held regarding Agenda Item IX, Citizen's Comments. A letter was received regarding the lack of practice facilities for basketball during the holiday season. It was unknown whether anyone would be present at the council meeting to speak regarding this topic. Discussion was held regarding Agenda Item X -A, Public Hearing Regarding a Request to Rezone 63.111 Acres from A-0 to Flood Plain Planned Development for Single Family use on Land Located North of Chaparral and West of Cottonwood Creek as Requested by C. B. 4 Ltd. and Consider an Ordinance Effecting this Change. A great deal of information has been distributed on this item. Discussions and meetings have been held with the homeowners and developers of this property. The outcome of the most recent meetings seem to indicate that all parties involved were eager to resolve the conflict. It was felt that 60 days might be a reasonable time to expect the proponent to return to Council with a plan agreeable to all parties. Council reviewed the recommendation from Planning and Zoning Commission and requested interpretation of several points. The two main issues seem to be tree preservation and the density of the property. Council discussed alternatives to handle the issue. Those included (1) approve the request before the Council as it is this evening; (2) make amendments to the proposal and approve it this evening; or (3) give direction that the developer and homeowners sit down and work out details of compromise and return to the council at a later date. Discussion was held regarding Agenda Item X -B, Public Hearing Regarding a Request for a Specific Use Permit for an Arcade to be Located at Pebblebrook Village Shopping Center, Suite 114, 410 North Greenville Avenue, as Requested by Donald Ray White and Consider an Ordinance Effecting this Change. Council discussed the Planning and Zoning stipulation regarding the hours of operation and the loitering and truancy issues which could cause the Specific Use Permit to be revoked. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:30 p.m. on Thursday, December 3, 1992. 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, December 3, 1992, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item VI) MOTION: Upon a motion made by Councihnember Christakos 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 Efollows: I I I ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 3, 1992 PAGE 3 A. Approve Minutes of November 19, 1992, Regular Meeting. B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Frank Bartel Trucking $1,024.00 For: Asphalt Overlay Truck Hauling of Millings 1985 Street Bond Funds Period: Thru November 23. 1992 2. JEH Company, Inc. $ 793.41 For: Roofing Materials Club House at Bethany Lakes 1985 Park Bond Funds Period: December 2, 1992 3. Frank Bartel Trucking, Inc. $2,528.00 For: Asphalt Overlay and Hauling of Asphalt Millings 1985 Street Bond Funds Period: November 16-18, 1992 C. Accept Resignation of a Member of Allen Substance Abuse Prevention Steering Committee, Place No. 5. Accept resignation of Lois Lindsey, Allen Substance Abuse Prevention Steering Committee, Place No. 5. The motion carried. End of Consent Consent Armada Council Committee Council Committee Rem Development: (Agenda Item VII) • Zoning ordinance review is continuing • Upcoming meeting to discuss the work plan and CIIP meetings • Bill Petty, Director of Community Development, informed the Council that the City of Allen has been selected to receive a prestigious merit award for the 1992 City of Allen Comprehensive Plan from the North Central Texas American Planning Association. The awards presentation will be held on Wednesday, December 9, 1992, in Dallas. Council was invited to attend this presentation. PAGE 4 Statistics show that 88% of the Allen residents have participated in recycling at least once during the trial period. Fifty percent of the residents are recycling on a regular basis. Finance: None Mayor's: CLIP meetings are scheduled for Thursday, December 10 and Saturday, December 12, with the topics of discussion to include economic development and transportation. Presentation of Employee Tenure Pins (Agenda Item VIII) Mayor Farmer presented Certificates -of -Service and City Manager Jon McCarty presented tenure pins to the following City employees for their ten years of service to the City of Allen. 10 YEAR Tracy L. Smith - Fire Department Tim A. Dorsey - Police Department Mayor Farmer presented Certificates -of -Service and City Manager Jon McCarty presented tenure pins to the following City employees for their five years of service to the City of Allen. 5 YEAR Charles R. Jestis - Police Department Esther Price - Police Department Brent A. Woods - Fire Department Linda M. Vaughan - Finance Department Randall Carter - Police Department Esther Price, Police Department, was not present to receive her pin and certificate at this time but will be presented both at a later date. Citizen's Commenta (Agenda Item IX) There were no citizen's comments. ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 3, 1992 Services: PAGE 4 Statistics show that 88% of the Allen residents have participated in recycling at least once during the trial period. Fifty percent of the residents are recycling on a regular basis. Finance: None Mayor's: CLIP meetings are scheduled for Thursday, December 10 and Saturday, December 12, with the topics of discussion to include economic development and transportation. Presentation of Employee Tenure Pins (Agenda Item VIII) Mayor Farmer presented Certificates -of -Service and City Manager Jon McCarty presented tenure pins to the following City employees for their ten years of service to the City of Allen. 10 YEAR Tracy L. Smith - Fire Department Tim A. Dorsey - Police Department Mayor Farmer presented Certificates -of -Service and City Manager Jon McCarty presented tenure pins to the following City employees for their five years of service to the City of Allen. 5 YEAR Charles R. Jestis - Police Department Esther Price - Police Department Brent A. Woods - Fire Department Linda M. Vaughan - Finance Department Randall Carter - Police Department Esther Price, Police Department, was not present to receive her pin and certificate at this time but will be presented both at a later date. Citizen's Commenta (Agenda Item IX) There were no citizen's comments. I ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 3, 1992 PAGE 5 Public Hearings (Agenda Item X) Request to Rezone 63.111 Acres from A -O to Flood Plain Planned Development for Single Family Use on Land Located North of Chaparral and West of Cottonwood Creek as Requested by C. B. 4 Ltd. and Consider an Ordinance Effecting Tbis Change (Agenda Item X -A) Bill Petty, Community Development Director, discussed the request to rezone 63.111 acres of A -O to Flood Plain/Planned Development for single family use. He indicated this piece of property was recently disannexed from the City of Plano and annexed into the City of Allen. At the time of annexation, the property is given a designation of agricultural open -space as a holding zoning pattern until permanent zoning is attached to the property. Mr. Petty discussed the surrounding properties and lot sizes. He also discussed the density allowed by the Comprehensive Plan on this piece of property. The Planning and Zoning Commission brought forth a recommendation to the Council as protection for the homes on the northern most boundary that the minimum floor space be 2,000 square feet. The developer proposed that the remaining developable proportion of this tract be constructed with 60% of the homes being 1,400 square foot minimum and 35% with 1,600 square foot minimums. He suggested that the pecan grove outside the flood -plain be dedicated to the City of Allen which would consist of four acres. J. T. Dunkin, consultant for the developer, discussed the layout of the land. Mr. Dunkin discussed concessions being provided by the developer which include participation of the Cottonwood Bridge, participation of the median improvements and lighting of Chaparral Road, need for a tree survey and an eight (8) foot hike and bike trail along the creek as well as dedication of the greenbelt area. Mayor Farmer read the request into the records as follows: "Request to Rezone 63.111 Acres from A -O to Flood Plain/Planned Development for Single Family Use on Land Located North of Chaparral and West of Cottonwood Creek as Requested by C. B. 4 Ltd. 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. Kathy Forgey, 826 Clearlake Drive, expressed concerns regarding the overcrowded school system, the overflow of raw sewage in the developed area, additional traffic being generated, and the need to save the wooded area along the creek. She indicated the way we might be able to impact the traffic and the school system is through a lower density development but also expressed her concerns about the wooded area not being preserved. ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 3, 1992 PAGE 6 Roland Green, 826 Charter Oak, expressed thanks to the Council, the Staff and the developer for all their assistance in learning about the area in question. He expressed concern about the greenbelt area and the trees outside the greenbelt area and also expressed concern regarding the density of the property. He would like to see further discussions between the homeowners and the developer to resolve these areas in question. Arthur Turner, 829 Clearlake Drive, spoke before the Council and presented a slide show depicting the greenbelt area in question. He requested Council to give consideration to the preservation of the greenbelt, school overcrowding, lack of quality fire protection, and desired lower density. Gary Stevens, 822 Deerlake, spoke before the Council regarding his concern with the environment. He expressed disappointment with the development east of the creek where utilities have destroyed the tree line without regard to the environment. He stated the homes will be more desirable to move into and will demand a higher price if the trees were left intact. It is not desirable to move a natural resource that is already there. David Crawford, 830 Clearlake, spoke before the Council in favor of the tree preservation. He also indicated that if trees were left in an area where homes are built, they will more than likely be stressed and die in a few years due to soil buildup which is unnatural to the plant. David Bradley, 828 Clearlake, spoke before the Council regarding the home density issue and the size of homes now located in the surrounding developments. Rick Downing, 813 Clearlake, spoke before the Council regarding the environmental issue, property values, and the high caliber of education. He asked Council to consider these items when dealing with this request. A summary of the homeowner concerns were stated in the following manner: • The citizens would like to see as much greenbelt area preserved as possible. • The citizens would like to see 1,800 to 2,000 square foot homes rather than 1,400 to 1,600 square foot homes. • Quality fire protection is also a concern. With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. Mayor Farmer reviewed with the audience that the Council bas three reference points in considering this request -- those being (1) Comprehensive Plan for the City of Allen, (2) the Zoning Ordinance for the City of Allen, and (3) state law. Discussion was held with regard to preserving the integrity of the area with regard to the preservation of tree stands and the greenbelt and also with regard to home density in the area. I ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 3, 1992 PAGE 7 Options before the Council were considered: • A vote on the topic before the Council as recommended by Planning and Zoning. • Consider amendments to what is before the Council and complete the project. • Due to complicated issues, Council can request that the developer and citizens might come back to Council at a future date. Council requested that the two parties meet and report back to the Council with the conciliatory agreement and compromise some time the end of January. Staff will be available at the request of the homeowners and the developer if so desired. There was no council action taken at this time. Council took a brief recess from 9:55 p.m. to 10:08 p.m. Request for a Specific Use Permit for an Arcade to be Located at Pebblebrook Village Shopping Center, Suite 114, 410 North Greenville Avenue as Requested by Donald Ray White and Consider an Ordinance Effecting this Change (Agenda Item X -B) Bill Petty, Community Development Director, spoke before the Council regarding the request for a Specific Use Permit for an arcade to be located at Pebblebrook Village Shopping Center, 410 North Greenville Avenue, Suite 114. Donald Ray White, 634 Sunny Slope, indicated he would like to provide an opportunity for school children to congregate and have fun. Mayor Farmer read the request into the records as follows: "Public Hearing on a Request for a Specific Use Permit for an Arcade to be Located at Pebblebrook Village Shopping Center, Suite 114, 410 North Greenville Avenue as Requested by Donald Ray White 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. Craig Issac, 824 Fawn Valley, spoke in favor of the request and indicated Mr. White was of high character and moral standards. Jason D. Wood, 1411 Quail Run, spoke in favor of the request and indicated that a recreational center was in great need for the City. He indicated that he was speaking for many other kids in favor of this request and felt it would be an asset to the City of Allen. Chris Ray, 1602 Clear Brook, spoke before the Council in favor of this request and indicated that many teenagers needed a place to go and something to do and felt this would fulfill this need. ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 3, 1992 PAGE 8 With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. Council discussed the issues and stipulations put upon the Specific Use Permit by the Planning and Zoning Commission regarding loitering, truancy and the hours of operation. It was felt these three items would not need to be handled as a term of a Specific Use Permit. Mr. White indicated it would be about 30-40 days before opening of the video arcade which will include nine (9) game machines, three (3) pool tables, a snack machine and a soda machine. Ordinance No. 1148-12-92: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, by Attaching a Specific Use Permit for an Arcade with Site Plan and Floor Plan Approval at 410 North Greenville Avenue, Suite 114, in the Pebblebrook Village Addition to the City of Allen, Collin County, Texas, Presently Delineated on the Official Zoning Map as Planned Development -Shopping Center No. 6 ; Providing for the Condition that the Specific Use Permit be Removed and Shopping Center Uses Reinstated Automatically when the Property is Vacated or Ownership Changes; Providing for No Smoking Within the Facility; Providing for a Penalty of Fine Not to Exceed the Sum of $2,000.00 for Each Offense; and Providing for an Effective Date. 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 Ordinance No. 1148-12-92 with the inclusion of Planning and Zoning recommendations Items No. 2 and 5 only which would allow for the Specific Use Permit to be revoked should the owner cease to own this operation and that no smoking will be allowed in the building. The motion carried. Consider Bids for Ballfield Lighting Upgrades (Agenda Item XI) Rhoda Savage, Director of Parks and Recreation, informed the Council that two bids were received for sport lighting upgrades for Bethany Lakes, Jupiter, and Hillside ball fields. Bids received from Boone Electric and Groves Electrical Service for $84,785 and $69,032 were both above the budget for the project which was $63,800. Staff is asking that E Council reject all bids and authorize Staff to solicit bids a second time. Staff feels that by revising the specifications to allow bids to be submitted for each park separately, the bids ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 3, 1992 PAGE 9 can be awarded within the budgeted amount. All fields will be lighted to recreational standards. However, Bethany Lakes and Hillside will utilize 1000 watt metal halide bulbs whereas Jupiter fields will be using 1500 watt metal halide bulbs. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to reject all bids for the sport lighting upgrades on Bethany lakes, Jupiter and Hillside ballfields and authorize Staff to resolicit bids for those ballfield lights. The motion carried. Other Business (Agenda Item XII) Calendar (Agenda Item XII -A) There were no additions to the calendar. Items of Interest (Agenda Item XII -B) Council established Monday, December 7 at 4:00 p.m. as a review for the CIIP meetings regarding economic development and transportation. This meeting will be held at City Hall. Executive Session (Agenda Item XIII) In accordance with Article 6252-17, V.A. T.C. S. (Open Meetings Law), Section 2(g), the Allen City Council convened into Executive Session at 11:05 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to the Municipal Judge Position. The Executive Session was adjourned at 11:30 p.m. Reconvene (Agenda Item XIV) The Allen City Council reconvened into regular session at 11:31 p.m. on Thursday, December 3, 1992, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session. Adiourn (Agenda Item XV) 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 11:32 p.m., on Thursday, December 3, 1992. The motion carried. I ALLEN CITY COUNCIL REGULAR SESSION I.II' DECEMBER 3, 1992 PAGE 10 These minutes approved on the 17th day of December , 1992. ATTEST: cli c., // Lz aOo- - dy McgriBon, CITY SECRETARY I I APPROVED: JOe Farmer, MAYOR