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Min - City Council - 1983 - 12/01 - RegularALLEN CITY COUNCIL REGULAR SESSION December 1, 1983 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Don Rodenbaugh Ward Paxton Dennis Offutt City Staff• Jon McCarty, City Manager Marty Hendrix, City Secretary The regular session of the Allen City Council was called to order by Mayor Pierson at 7:32 p.m. on Thursday, December 1, 1983, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Offutt, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of the City Council/Planning and Zoning Commission/Main Street Study Committee Minutes of September 29, 1983 - Called - Special Workshop Session. B. Approval of the City Council Minutes of November 17, 1983 - Regular Session. C. Authorization to City Staff to pay bills associated with the 1979 - 1982 Capital Improvements Program as follows: 1. Ronald E. Fix & Associates $ 1,472.50 Contract No. 821004 - Construction of Park Place Dr. - Construction Staking of Park Place East 2. Touch of Green $ 441.00 Contract No. FS 8023 - Construction of Service Center/ City Hall Annex - Purchase of Plants for Allen Municipal Annex 3. Uvalde Construction Company $12,090.78 Contract No. 821004 - Construction of Park Place Dr. - Payment No. 7 The motion carried. End of Consent Agenda 57 ALLEN CITY COUNCIL December 1, 1983 Page 2 Certificates of Appreciation to the Main Street Study Committee (Agenda Item III) Mayor Pierson presented Certificates of Appreciation to the following individuals who were members of the Main Street Study Committee and extended appreciation of the City Council for a job well done: Mike Williams, Chairman Ed Lynge, Vice Chairman Liz Moseley David Williams The other members of the committee, who were Willette Rosson, Dr. A. E. Vita, and Emerson Porter, were unable to attend the meeting and receive their certificates. Mayor Pierson advised that the certificates would be sent to them. Also at this time, Mike Williams, Chairman of the Main Street Study Committee, presented a plaque -of -appreciation to Judy Morrison, Secretary to the City Manager, for all the work and assistance she had provided to the committee. Public Hearing: Request to Establish Permanent Zoning of PD & Preliminary Site Plan Approval on 179.04 Acres Location: West of U.S. 75, South of Rowlett Road and North of F.M. 2170 Requester: Sibley & Wolff (Agenda Item IV -A) Mayor Pierson read the request into the record as follows: "Public Hearing to consider a Request to Establish Permanent Zoning of PD (Planned Development) and Preliminary Site Plan Approval on 179.04 Acres Located West and Adjacent to U.S. 75, South and Adjacent to Rowlett Road, and North and Adjacent to F.M. 2170." John Wier, with Wier & Associates and representing Sibley and Wolff, presented to and spoke before the Council on behalf of this request. Mr. Wier introduced other representatives present at the meeting, those being: Phillip Patterson, architect, with Wier & Associates Greg Cagle, with Sibley & Wolff Ed Ipser, with Ipser & Associates Mr. Wier presented a color -coded preliminary land use plan of the 179.04 acres of land showing the planned development districts as follows: Mr. Wier reviewed the land use plan with the Council and for comparison, also provided an overlay of the proposed land uses as shown in the City of Allen Comprehensive Plan. Mr. Wier advised of the work with the Planning and Zoning Commission on the planned development and their recommendations. PD - Garden Offices - 14.97 acres PD - Office - 14.63 acres PD - Commercial - 63.00 acres PD - High Tech - 86.44 acres Mr. Wier reviewed the land use plan with the Council and for comparison, also provided an overlay of the proposed land uses as shown in the City of Allen Comprehensive Plan. Mr. Wier advised of the work with the Planning and Zoning Commission on the planned development and their recommendations. ALLEN CITY COUNCIL December 1, 1983 Page 3 Public Hearing: Request for Permanent Zoning of PD & Prelimi- nary Site Plan Approval on 179.04 Acres Requester: Sibley & Wolff (cont'd) (Agenda Item IV -A) The Planning and Zoning Commission, at their meeting of October 27, 1983, recommended to the City Council that the Planned Development of the 179.04 acres be approved with the following statements to be added to the PD Ordinance: A. Not withstanding the permitted uses listed in the PD HT Use Regulation Section of this Ordinance, it is understood that the City reserves the right at the time of final site plan submission to review proposed uses for compatibility with existing and projected uses for the effected district and further that all land owners within the PD HT area will be notified to all site plan action. B. The Developer/Owner of the subject tract of land hereby agrees that at least 58 or 8.95 acres will be developed as landscaped open space and further agrees that one acre of the 8.95 acres in an area with 700' plus elevation will be dedicated to the City of Allen for use as an above ground water storage facility. C. Add the allowable use of overhead water storage tank tothe use regulations in PD C AND PD HT areas. Mayor Pierson opened the Public Hearing. Jim Rushing, who lives west of U.S. 75 and owns the Kitty Hawk Airport, spoke before the Council regarding this request. With no one else wishing to speak either for or against this request, Mayor Pierson closed the Public Hearing. There was considerable discussion by the City Council with the city staff and developers on the recommendations of the Planning and Zoning Commission regarding paragraph "A"; the Planned Development District of "High Tech" in regards to the permitted uses in that district and the uses requiring a specific use permit, the use of the term "High Tech", deleting some of the permitted uses, placing some of the permitted uses under a specific use permit, the concern of too many commercial businesses developing in the "High Tech" area, and the need for Light Industrial uses in this area. MOTION: A motion was made by Councilman Rodenbaugh and seconded by Councilman Paxton that the request for permanent zoning of Planned Development and the Perliminary Site Plan on the 179.04 acres of land be approved as presented and in accordance with the recommendations of the Planning and Zoning Commission, as stated; however, with the deletion of paragraph "A" of the Planning and Zoning Commission's recommendations; and to leave intact all of the permitted uses and uses requiring a specific use permit as proposed in the presentation. The Council voted six (6) for and one (1) opposed, with Councilman Womack casting the negative vote, in favor of the motion. The motion carried, Based on the above action by the City Council, the zoning ordinance will be prepared by city staff and will be forthcoming at the next City Council Meeting for consideration. ALLEN CITY COUNCIL December 1, 1983 Page 4 Public Hearing; Request for Site Plan Approval - .9852 Acres Location: Northeast Intersection of Fountain Park Drive and F.M. 2170 Zoning: PD - SC No. 5 Requester: Mike Williams (Agenda Item IV -B) and Ordinance No. 478-12-83: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 370-10-81 to Include the Attachment of a Property Description and Approved Site Plan for Development of .9852 Acres of Land Out of the Peter Wetsel Survey, Abstract No. 990, Recorded in Volume 909, Page 580, of the Collin County Deed Records, Presently Delineated on the Official Zoning Map as a Portion of PD -SC No. 5; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. Mayor Pierson read the request into the record as follows: "Public Hearing to Consider a Request for Site Plan Approval on .9852 Acres Located at the Northeast Intersection of Fountain Park Drive and F.M. 2170." Mike Williams, the developer, presented to and spoke before the Council on behalf of this request. Mr. Williams presented the site plan and landscape plan of a proposed commercial building to be built on the .9852 acres of land. Mr. Williams advised the Council that this building would house the Eagle Sports Center and another office or retail business in the remainder of the building. Mr. Williams also provided an artist's rendering of the exterior elevation of the building and advised of the construction of the building. The Planning and Zoning Commission, at their meeting of October 27, 1983, had recommended to the City Council that the Site Plan for the .9852 acres be approved as presented. Mayor Pierson opened the Public Hearing. No one appeared to speak either for or against this request. Mayor Pierson closed the Public Hearing. There was discussion on this commercial building fronting on a residential street of Fountain Park Drive rather than F.M. 2170, the zoning on the property of Planned Development - Shopping Center No. 5, the properties located to the north and east of this site, and how the adjacent lots would be developed and the placement of the building on this lot. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 7 - 0 to approve the Site Plan for the .9852 acres of land in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. l ALLEN CITY COUNCIL December 1, 1983 Page 5 Public Hearing: Site Plan Approval .9852 Acres Requestor: Mike Williams (Agenda Item IV -B) and Ordinance No. 478-12-83 (cont'd) Mayor Pierson advised the Council of the proposed ordinance which would attach the approved Site Plan to Ordinance No. 370-10-81, Planned Development - Shopping Center No. 5. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to adopt Ordinance No. 478-12-83 as captioned on the previous page, attaching this approved Site Plan to Planned Development - Shopping Center No. 5. The motion carried. Consider a Request to Rename Ridgemont Drive to Texet Drive from the Intersection of Greenville Avenue to U.S. 75 (Agenda Item V) Mr. Michael A. Sileo, Jr., Executive Vice President of Texet Corporation, spoke before the Council on a request by the Texet Corporation to rename Ridgemont Drive to Texet Drive from the intersection of Greenville Avenue (State Highway 5) to U.S. 75 to coincide with the name of their company and due to the fact that their building is set back from S.H. 5 and has poor visibility. The Council discussed the road condition of Ridgemont Drive at this location and if the adjacent property owners had any objections to this request. City Manager McCarty advised that he had been able to contact two of the three adjacent property owners, and no objections had been received. The Council continued discussion on the renaming of this street being a precedent setting decision, what thoroughfare plans were for the length of that portion of Ridgemont extending to or beyond U.S. 75, how that portion of Ridgemont was named originally, and how that portion of Ridgemont aligns with the east portion of Ridgemont. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Rodenbaugh, the Council voted four (4) for and three (3) opposed, with Council Members McClure, Offutt and Womack casting the negative votes, to approve the request to rename Ridgemont Drive to Texet Drive from the intersection of Greenville Avenue (State Highway 5) to U.S. 75. The motion carried. Based on the action by the Council, an ordinance will be prepared by the city staff for consideration by the City Council at the next regular City Council Meeting. ALLEN CITY COUNCIL December 1, 1983 Page 6 Consider a Request to Abandon an Existing 80' Right -of -Way Within the City of Allen (Agenda Item VI) and Ordinance No. 479-12-83: An Ordinance David McCall, III, an attorney with Boyd, Veigel, Gay McCall, spoke before the Council on a request to abandon an existing 80' right-of-way within the City of Allen located between Blocks "F" and "K" of the Old Donation. City Manager McCarty advised the Council that the city staff had reviewed the request and saw no objections with the abandonment of this property and advised that the city had checked with the engineering consultants on the need for this right-of-way and they had advised that it was not needed. MOTION: Upon a motion made by Councilman Womack and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the request and to adopt Ordinance No. 479- 12-83, as captioned above. The motion carried. Season Schedule (Agenda Item VII -A) City Secretary Marty Hendrix advised the Council of the proposed date for the City of Allen's Christmas Party, being Tuesday, December 20, 1983, and that invitations would be forthcoming. City Manager McCarty advised the Council of the dates that City Hall would be closed, being Friday, December 23rd, Monday, December 26th, and Monday,January 2, 1984. This item was received as a matter of information, there was no action taken on this item. City Maps Agenda Item VII -B) City Manager McCarty advised the Council of the need to update the city limits map which was a project between the City of Allen and the Allen Chamber of Commerce which was done approximately every 18 months to 2 years. Mr. McCarty advised that this project cost was approximately $4,000, with the city's portion of the cost being $2,000. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman McClure, the Council voted 7 - 0 to appropriate the expenditure of funds in the amount of $2,000 for the update and copies of the city limits map. The motion carried. of Providing for the Abandonment of a Dedicated 80 -Foot Wide Street Situated Between Blocks F and K of Old Donation to the City of Allen, Collin County, Texas; Providing for the Sale and Conveyance Thereof to Morbro, Inc., Trustee; Providing for the Terms and Conditions of the Abandonment and Conveyance Made Herein; Providing for the Payment of the Publication Fee; and Providing an Effective Date. David McCall, III, an attorney with Boyd, Veigel, Gay McCall, spoke before the Council on a request to abandon an existing 80' right-of-way within the City of Allen located between Blocks "F" and "K" of the Old Donation. City Manager McCarty advised the Council that the city staff had reviewed the request and saw no objections with the abandonment of this property and advised that the city had checked with the engineering consultants on the need for this right-of-way and they had advised that it was not needed. MOTION: Upon a motion made by Councilman Womack and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the request and to adopt Ordinance No. 479- 12-83, as captioned above. The motion carried. Season Schedule (Agenda Item VII -A) City Secretary Marty Hendrix advised the Council of the proposed date for the City of Allen's Christmas Party, being Tuesday, December 20, 1983, and that invitations would be forthcoming. City Manager McCarty advised the Council of the dates that City Hall would be closed, being Friday, December 23rd, Monday, December 26th, and Monday,January 2, 1984. This item was received as a matter of information, there was no action taken on this item. City Maps Agenda Item VII -B) City Manager McCarty advised the Council of the need to update the city limits map which was a project between the City of Allen and the Allen Chamber of Commerce which was done approximately every 18 months to 2 years. Mr. McCarty advised that this project cost was approximately $4,000, with the city's portion of the cost being $2,000. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman McClure, the Council voted 7 - 0 to appropriate the expenditure of funds in the amount of $2,000 for the update and copies of the city limits map. The motion carried. of ALLEN CITY COUNCIL December 1, 1983 General Discussion Page 7 City Manager McCarty advised the Council of the following elected members of the Collin County Appraisal District Board of Directors: Ernest Chesney, Jr. Dr. J. Robert Collins Dr. Leo Fitzgerald Anthony Geer Donnie Higgins Councilman Womack asked about the status of the work on the development of an updated Comprehensive Plan for the city, and City Manager McCarty advised that work would begin in the first part of 1989. Adjournment MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 9:15 p.m. on Thursday, December 1, 1983. The motion carried. These minutes approved on the 15th day of DECEMBER 1983. — M. � '�Z B. Pierson, MAYOR Marty Hendrix, CITY SECRETARY I is f