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Min - City Council - 1994 - 03/03 - RegularALLEN CITY COUNCIL REGULAR MEETING MARCH 3, 1994 Present: Joe Farmer, Mayor Councilmembers• Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop (absent) 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 quomm of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 624 p.m. on Thursday, March 3, 1994, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Open Council Discussion (Agenda Item II) It was reported that the Attorney General's Office will be opening a regional office serving a six -county area to Allen with approximately 40 people in the child support division The location is at the corner of Main and Jupiter. Council was requested to provide any further information to the City Manager regarding cable TV for the questionnaire to be administered by the Community Education Advisory Council. It was felt that this was not an appropriate vehicle for the survey to be done by the Parks Department regarding batting cages at Ford Park Discussion was held regarding the City Attorney's opinion regarding City liability on the Towne Village Townhouse erosion problem. It was suggested that a solution to the problem would cost approximately $300,000. There is a philosophical question plus state law direction regarding improving private property with public funds. The City is still studying the question of erosion in this area This item will be placed on the Mayor's punch list. ALLEN CITY COUNCIL WORKSHOP SESSION MARCH 3, 1994 PAGE 2 Due to several conflicts of Councilmembers, it was suggested that the previously arranged joint meeting with the AISD Board and the City Council be moved from March 28 to April 4 pending consent by the School Board. The City Manager was informed of a large hole at the corner of Roaring Springs and FM 2170. Discussion was held regarding a response to a letter from Mr. Holmiller regarding lighted soccer fields at the Twin Creeks development. Brett Johnson with Twin Creeks indicated that they were not interested in having those soccer fields lighted. The Mayor will be making contacts with the cities of McKinney, Frisco and Wylie in conjunction with a representative to serve these cities plus Allen on the Dallas Regional Mobility Coalition. It is anticipated that Allen would be the first representative and a rotation schedule and procedures and terms will be set-up for that representation in the future. It was noted that the southeast shopping center at the intersection of Main and Jupiter is having problems with high school kids speeding through the shopping center to avoid the traffic and lights on Jupiter and Main. Discussion of Consent Agenda and Retmlar Agenda Items (Agenda Item III) Due to a lack of time, there was no discussion regarding the Consent Agenda and Regular Agenda Items. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 730 p.m. on Thursday, March 3, 1994, REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7'38 p.m. on Thursday, March 3, 1994 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) MOTION: Upon a motion made by Councilmember Hamner and seconded by Councdmember Nichols, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the Consent Agenda with a correction on Agenda Item IV, Consent Agenda, Item A — date should be "February 17, 1994" instead of March 3, 1994 — as recommended and as follows A. Approve Minutes of February 17, 1994, Regular Meeting B. Approve Payment of Bills Associated with the 1985 Capital Improvement Program. I r Meeting scheduled for March 15 Development: No report Services: r Finalizing plans on the recreation center Mayor's: r Reviewed the current agenda r AISD Joint Meeting — April 4, 1994 r TCI Cable Public Hearing r Dallas Regional Mobility Coalition procedures with neighboring cities Citizen's Comments There were no citizen's comments. Tabled Items Consider the Planning and Zoning Commission Recommendations to Adopt a New Subdivision Ordinance This item was not removed from the table. Consider a Resolution Authorizing Execution of a Contract for Batting Cages in Ford Park and Initiating Zoning in the Form of a Specific Use Permit This item was not removed from the table. Report from Jim Wolfe, Chair of the PAGE 3 (Agenda Item V) (Agenda Item VI) (Agenda Item VII) (Agenda Item VII -A) (Agenda Item VII -B) Capital Improvement Proeram Steerine Committee (Agenda Item VIII) Chair Jim Wolfe reported to the Council regarding the Capital Improvement Program Study Committee progress He discussed the "3 -Priority Approach" in maintaining current service level and quality of life given projected growth; achieving service levels and quality of life as defined in the Comprehensive Plan giving projected growth; and, enhancing service levels and quality of life to a level beyond the Comprehensive Plan, given projected growth. Mr. Wolfe reviewed the schedule of the CIP Committee and indicated that it is ALLEN CITY COUNCIL REGULAR SESSION MARCH 3, 1994 Council Committee Reports Finance/Administration: I r Meeting scheduled for March 15 Development: No report Services: r Finalizing plans on the recreation center Mayor's: r Reviewed the current agenda r AISD Joint Meeting — April 4, 1994 r TCI Cable Public Hearing r Dallas Regional Mobility Coalition procedures with neighboring cities Citizen's Comments There were no citizen's comments. Tabled Items Consider the Planning and Zoning Commission Recommendations to Adopt a New Subdivision Ordinance This item was not removed from the table. Consider a Resolution Authorizing Execution of a Contract for Batting Cages in Ford Park and Initiating Zoning in the Form of a Specific Use Permit This item was not removed from the table. Report from Jim Wolfe, Chair of the PAGE 3 (Agenda Item V) (Agenda Item VI) (Agenda Item VII) (Agenda Item VII -A) (Agenda Item VII -B) Capital Improvement Proeram Steerine Committee (Agenda Item VIII) Chair Jim Wolfe reported to the Council regarding the Capital Improvement Program Study Committee progress He discussed the "3 -Priority Approach" in maintaining current service level and quality of life given projected growth; achieving service levels and quality of life as defined in the Comprehensive Plan giving projected growth; and, enhancing service levels and quality of life to a level beyond the Comprehensive Plan, given projected growth. Mr. Wolfe reviewed the schedule of the CIP Committee and indicated that it is ALLEN CITY COUNCIL tj REGULAR SESSION G MARCH 3, 1994 PAGE 4 A anticipated a final CIP recommendation will be available on April 7 for their review A separate report consisting of additional findings of each of the committees will be presented to the Council as a Subcommittee Findings Report. Authorize Execution of a Contract for the Rotatree Project (Agenda Item IX) Through an arrangement between the City of Allen, the Allen Rotary Club and the National Tree Trust, a portion of City property has been used to pot and grow approximately 14,000 trees in the past. The City has now been requested to provide a more permanent "growing -out station" for the Rotatree Project. Allen's responsibility will be to provide the site and water during the growing season. In return, the City of Allen will be able to keep 20% of the trees grown at the site for use in Allen. The National Tree Trust will provide the seedlings and the pots and assist with the planting soil. In addition, they have pledged $22,000 for the City to use to improve the site to enhance it as a "grow -out" location District Governor Forrest Moore reviewed the procedure with the Council and hoped that this would set a pattern for the entire country in their Rotatree project. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to authorize the City Manager to execute a contract with the Allen Rotary Club and the National Tree Trust after final changes have been made to satisfy all parties involved The motion carried. Public Hearing on a Unilateral Annexation on Zone 1 Consisting of 547.0008 Acres of Land Located South of SH 121, North of FM 2170 West of US 75 and East of FM 2478 (Agenda Item X) Bill Petty, Director of Community Development, introduced the unilateral annexation proceeding by the Allen City Council for approximately 2,000 acres of land in the northwest quadrant of the City Mr. Petty indicated that the service plan would include hard services that would be available to the properties in four and one-half (4'/z) years which would include water and sewer service and soft services -- such as police, fire, garbage collection -- would be available within 60 days. Mayor Fanner read the request into the record as follows: "Public Hearing on a Unilateral Annexation on Zone 1 Consisting of 547.0008 Acres of Land Located South of SH 121, North of FM 2170, West of US 75 and East of FM 2478." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time Mary McDermott Cook, McDermott Ranch, Allen, TX, indicated she would have preferred that the City 'ask" her to be a part of the City rather than to "tell" her that she will be a part of the City With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. ALLEN CITY COUNCIL 1 REGULAR SESSION 1 MARCH 3, 1994 PAGE 5 Public Hearing on a Unilateral Annexation on Zone 2 Consisting of 1,131.8357 Acres of Land Located South of SH 121, North of FM 2170, West of US 75 and East of FM 2478 (Agenda Item XI) Mayor Fanner read the request into the record as follows. "Public Hearing on a Unilateral Annexation on Zone 2 Consisting of 1,131.8357 Acres of Land Located South of SH 121, North of FM 2170, West of US 75 and East of FM 2478." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Dr. Bill Woodfin, Route 1, Box 84-A, Allen, TX, spoke in opposition to the annexation request and is unclear why the property needs to be annexed at this time. City services are of only marginal benefit to him at this time. John Green, Route 1, Box 117, Allen, TX, spoke in favor of the proposed annexation indicating that it will protect the future of Allen and protect the property values of each property owner in the area. Taxes are minimal in comparison with the possible undesirable developments that could deteriorate property values very quickly With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. Public Hearing on a Unilateral Annexation on Zone 3 Consisting of 264.2505 Acres of Land Located South of SH 121, North of FM 2170 West of US 75 and East of FM 2478 (Agenda Item XII) Mayor Farmer read the request into the record as follows: "Public Hearing on a Unilateral Annexation on Zone 3 Consisting of 264.2505 Acres of Land Located South of SH 121, North of FM 2170, West of US 75 and East of FM 2478." Mayor Fanner opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. C. E. Stewart, P O Box 802304, Dallas, Texas 75380, spoke in opposition to the annexation request indicating since he has only a three -acre tract, which is located near the Betz Outlet Mall, he does not have an "ag exemption" possibility which means his taxes would be increased greatly He asked that the City consider deferring City taxes until services are actually provided and this would allow him the choice of selling the property if he so desires. With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. ALLEN CITY COUNCIL REGULAR SESSION MARCH 3, 1994 PAGE 6 Public Hearing on a Unilateral Annexation on Zone 4 Consisting of 248.5563 Acres of Land Located South of SH 121, North of FM 2170, West of US 75 and East of FM 2478 (Agenda Item XIII) Mayor Fanner read the request into the record as follows: "Public Hearing on a Unilateral Annexation on Zone 4 Consisting of 248 5563 Acres of Land Located South of SH 121, North of FM 2170, West of US 75 and East of FM 2478 " 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. Public Hearing on a Unilateral Annexation on Zone 5 Consisting of 19.386 Acres of Land Located South of SH 121, North of FM 2170, West of US 75 and East of FM 2478 (Agenda Item XIV) Mayor Farmer read the request into the record as follows: "Public Hearing on a Unilateral Annexation on Zone 5 Consisting of 19.386 Acres of Land Located South of SH 121, North of FM 2170, West of US 75 and East of FM 2478." 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 Public Hearing on a Unilateral Annexation on Zone 6 Consisting of 67.1520 Acres of Land Located South of SH 121, North of FM 2170, West of US 75 and East of FM 2478 (Agenda Item XV) Mayor Farmer read the request into the record as follows: "Public Hearing on a Unilateral Annexation on Zone 6 Consisting of 67.1520 Acres of Land Located South of SH 121, North of FM 2170, West of US 75 and East of FM 2478." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to so at this time. ALLEN CITY COUNCIL REGULAR SESSION MARCH 3, 1994 PAGE 7 Ronald Batson, 2018 W Kittyhawk, Allen, TX, spoke in opposition to the annexation and indicated that his taxes will be unduly increased and at the present time he is self-sufficient with the services they have available to them. Tom Gandy, 2024 W Kittyhawk, Allen, TX, spoke in opposition to the annexation request Kittyhawk was established in the 70's and the residents have felt they can take care of themselves Mr. Gandy feels like they have been given only minimal services up until this point and would like for the City to consider an abatement for taxes for at least six months until all services are provided Larry Farris, 2019 E. Kittyhawk, Allen, TX, spoke in opposition to the annexation request and indicated that the services the City has provided thus far have been very minimal and invited the Council to drive the 1/2 mile stretch of road that the City maintains and compare it with the road that the county maintains in their area. With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. For the record, the following individuals noted opposition to the annexation request: Dottie Gandy, 2024 W Kittyhawk, Allen, TX, Tommie P Farris, 2019 E. Kittyhawk, Allen, TX; Bill and Helen Parker, 2001 E. Kittyhawk, Allen, TX, and Anita Rushing, 2000 W Kittyhawk, Allen, TX. Public Hearing on a Request to Amend Zoning on a 135 -Acre Tract of Land Located South of FM 2170 West of US 75 and East of Watters Crossing as Requested by Allen Central Joint Venture and Drake Development Corporation IV and Consider an Ordinance Effecting this Change (Agenda Item XVI) Bill Petty, Community Development Director, introduced the request for zoning to amend PD No.'s 26 and 8 on property located west of US 75, south of FM 2170, east of Waiters Creek, and north of proposed Bethany Road. Tract 1 would allow for office and multi -family uses, Tract 2 would allow for rest home/retirement housing and convalescent housing, Tracts 4, 6 and 7 essentially incorporates the uses allowed by existing zoning with additional uses to be provided by Specific Use Permit. The office district in Tract 8 allows for a variety of office uses including medical services, office uses, banks and similar uses, whereas, Tract 10 includes hospital and health service uses, but other commercial and office uses would also be allowed. Following are Planning and Zoning Commission findings: 1. Uses are compatible to the Comprehensive Plan as it applies to the US 75 corridor 2 The thoroughfare plan is slightly amended by the realignment of Watters Road to be compatible with the proposed hospital. 3 LOS C is maintained 4 No building will be allowed in the floodplain, and all floodplain will be dedicated with the construction �I of a hike/bike trail. ALLEN CITY COUNCIL REGULAR SESSION MARCH 3. 1994 PAGE 8 5. Additional landscape buffers and setbacks are provided along thoroughfares. 6 Angel Drive will not be abandoned unless the east/west road is constructed. 7 Overall F.A.R. is reduced. 8. Multi -family in Tract 1 is appropriate because of the reduced density on the west of the creek The either/or zoning allowed because either use is compatible to surrounding uses. 9 High density increase is justified because of its location to thoroughfares. 10. The buffering between the residential and commercial/office is adequate. Dave Denison reviewed the project with the Council and distributed changes to the development standards regarding landscape buffers. Mayor Farmer read the request into the record as follows' "Public Hearing on a Request to Amend Zoning on a 135 -Acre Tract of Land Located South of FM 2170. West of US 75 and East of Watters Crossing as Requested by Allen Central Joint Venture and Drake Development Corporation IV 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. 1226-3-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, so as to Establish Planned Development No. 55 by Amending Ordinance No. 546-9-84, Planned Development No.26 (PD 26) and Amending Ordinance No. 373-10-81, Planned Development No. 8, on the Following -Described Tract of Land: Approximately 135 Acres of Land in Tracts 5 and 12-9, Abstract No. 543 of the Michael See Survey, City of Allen, Collin County, Texas; Providing for a Land Use Plan Exhibit "A"; Providing for Area and Use Regulations Exhibit 'B"; 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. ALLEN CITY COUNCIL REGULAR SESSION MARCH 3, 1994 PAGE 9 MOTION: A motion was made by Councilmember Christakos and seconded by Councilmember Nichols to approve Ordinance No. 1226-3-94 as previously captioned and with Planning and Zoning recommendation. No vote was taken on this motion. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Harmer, the Council voted six (6) for and none (0) opposed to amend the main motion to remove 'Tor temporary use in Tracts 1 and 2, concrete or asphalt batch plant" and add "for temporary use only of concrete or asphalt batch plant in Tracts 4, 8 and 10." The motion carried. MOTION: As earlier stated, upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1226-3-94 as previously captioned and with Planning and Zoning recommendation and with the amendments to the zoning standards in Tracts 1, 2, 4, 8 and 10. The motion carried. NOTE: Due to a conflict of interest, Mayor Pro Tem Lilly excused himself from the meeting prior to Agenda Item XVII. Discuss the Use of the Texas Leverage Fund to Finance Economic Development Projects (Agenda Item XVII) David Pitstick, Director of Economic Development, indicated that the Allen Economic Development Corporation has the opportunity to refinance the entire 92 -acre property with an institution that would not require restrictive release provision such as those dictated by the FDIC and Texas Community Bank. In working with the Texas Department of Commerce (TDOC), the Allen Economic Development Corporation (AEDC) has determined that the Texas Leverage Fund (TLF) may be used to Finance such an opportunity The Texas Leverage Fund has been set up by the state for the exclusive use of cities which have passed the 1/2 cent sales tax for economic development. Debt pay-off was discussed and the budget impact was reviewed by the Council. Dr E. T Boon, Vice -President of the AEDC Board of Directors, indicated that the AEDC needed to review the proposition very carefully and cautiously regarding this refinancing project. It was felt that although the developed project shows very thin margins, the developed project will be very liquid and very attractive to many in the community Council took no action on this item It was an informational item only NOTE: Mayor Pro Tem Lilly returned to the Council bench. A P E ALLEN CITY COUNCIL REGULAR SESSION MARCH 3, 1994 PAGE 10 Accept Resignations of Members of Various City -Appointed or Study Committees and Consider Appointments to fill Vacancies (Agenda Item XVIII) Bob Rothe, Chair of Finance Subcommittee for the 1994 Capital Improvement program (CIP) and Jeff Nolan, member of the Sign Control Board, submitted resignation letters since each had filed as a candidate for the May 7 City Council Election. MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to accept the resignations of Bob Rothe and Jeff Nolan from various City boards The motion carried. Other Business (Agenda Item XIX) Texas Municipal League Region 13 Dinner Meeting (Agenda Item XIX -A) Council was instructed to notify City Secretary Judy Morrison of their attendance plans of the Texas Municipal League Region 13 Dinner Meeting Calendar (Agenda Item XIX -B) Services Subcommittee will not meet on March 4. Mayor's Subcommittee will not meet on March 11. Items of Interest (Agenda Item XIX -C) Michael Stanger, Assistant to the City Manager, distributed information to the Council regarding input for the State of the City Address. Council will be providing written notes to the City Manager's office regarding visioning concepts March 11, 1994 Executive Session (Agenda Item XX) In accordance with The Texas Government Code, Personnel, Section 551.074, the Allen City Council convened into Executive Session at 10:07 p in in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to personnel assignments. The Executive Session was adjourned at 11.30 p.m. Reconvene (Agenda Item XXI) The Allen City Council reconvened into regular session at 11 31 p in on Thursday, March 3, 1994, in the Council Chambers of the Allen Municipal Annex ALLEN CITY COUNCIL REGULAR SESSION MARCH 3, 1994 PAGE 11 MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem Lilly, the Council voted six (6) for and none (0) opposed to appoint Gary Edstrom as Finance Subcommittee Chair for the Steering Committee of the 1994 Capital Improvement Program to replace Bob Rothe who had submitted his resignation in order to file for Council. The motion carried. Adjourn (Agenda Item XXII) MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11.32 p.m., on Thursday, March 3, 1994. The motion carried. These minutes approved on the 17th day of March , 1994. ATTEST: y Madison, CMC, CITY SECRETARY A APPROVED: I J J t Lls/ Mick rrxs kos, COUNCILMEMBER/ACTING MAYOR