Min - City Council - 1994 - 08/04 - Regularr�
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ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 4, 1994
Present:
Joe Farmer, Mayor
Councilmembers:
Kevin Lilly, Mayor Pro Tem
David Kerr
David Bishop
Mike Nichols (absent)
Steve Terrell
Sharon Hamner
City StatT:
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 6:20 p.m. on Thursday, August 4, 1994, in the Lunch Room
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Oven Council Discussion
(Agenda Item II)
The current alarm system and registration process was discussed by the Council. Due to contacts this
week, citizens may be present at the Council meeting to discuss this issue.
Staff asked permission from Council to set a public hearing date for September 1, 1994, for a zoning
request for a Specific Use Permit with site plan approval for a radio station to be located at #103B Main Street,
Allen, Texas 75002. Council granted Staff permission to do so.
Staff received a request to rename Jupiter Road between SH 5 and FM 2170. This issue will be reviewed
and considered as a request from the Allen Eagle Athletic Association.
The Mayor will distribute information to the Council regarding the subcommittee reconfiguration for the
new budget year during Executive Session.
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ALLEN CITY COUNCIL
WORKSHOP SESSION
AUGUST 4, 1994 PAGE 2
Due to a request from Tipton Engineering, Agenda Item VIII, Public Hearing on an Appeal by Bass
Development of the Planning and Zoning Commission Decision on the Cottonwood Square Request and Consider
an Ordinance Effecting this Appeal, will be pulled from the agenda
Discussion of Consent Agenda
and Reeular Aeenda Items (Agenda Item IH)
There were no items discussed on the Consent Agenda.
Discussion was held regarding Agenda Item VII, Request to Appear: Carmen Parker with Park One
Realtors Requesting the Council Consider Participation in Obtaining a Grant from the Texas Community
Development Program. Carmen Parker was involved in the development stage of the Property Maintenance
Code. Her appearance here this evening would mean that we need to see if there is a need in the community for
certain grants and if the Council would be willing to buy into these projects.
Discussion was held regarding Agenda Item IX, Public Hearing on an Appeal by Douglas Properties of
the Planning and Zoning Commission Decision on the Shadow Lakes North Phase II Zoning Request and
Consider an Ordinance Effecting this Appeal. Discussion was held regarding the zoning of this property and past
zoning cases which were almost identical to this in nature. Discussion was also held regarding the possibility that
the east side of town might support a major grocery store sometime in the future, if not at the present time
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:25 p.m. on Thursday, August 4, 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 7:30 p.m. on Thursday, August 4, 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 Councdmember Hamner and seconded by Mayor Pro Tem Lilly, the
Council voted six (6) for and none (0) opposed to approve and adopt all items on the Consent
Agenda as recommended and as follows:
A. Approve Minutes of July 21, 1994, Regular Meeting.
B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
1. Cummings & Pewitt, Inc. $ 328.15
For: FM 2170 as builts
Water/Sewer Bonds
Period: July 25, 1994
ALLEN CITY COUNCIL
REGULAR SESSION
AUGUST 4, 1994
PAGE 3
2. Pittsburg Tank & Tower Co. $ 2,600.90
For: Ferris Water Tower Removal
1992 Water/Sewer Bonds
Period: June 7, 1994
3. Jun Bowman Construction Co., Inc. $18,591.16
For: South Fountain Gate Sidewalk
Street Bond Funds
Period: July 1994
4. Ron Hobbs, Architect $ 2,230.00
For: Recreation Building Facilities
1992 Park Bonds
Period: July 1994
C. Set September 1, 1994 m the Public Hearing Date to Consider Planning and Zoning
Recommendation on Suncreek Zoning Request.
D. Set September 1, 1994 as the Public Hearing Date to Consider Planning and Zoning
Commission Recommendation to Zone 57.6 Acres Located at the Southeast Corner of
Custer and FM 2170.
E. Set August 16, 1994 as Public Hearing Date on the Budget as Required by Section 4.04
of the City Charter.
The motion carried.
End of Consent Aeenda
Council Committee Retorts (Agenda Item V)
Services:
Allen Recreational Facility
Overdue materials from the library
Development:
Mowing
Regional Transportation Council and Texas Department of Transportation 1995 Scheduling of
Projects
Subregional airport survey
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ALLEN CITY COUNCIL
REGULAR SESSION
AUGUST 4, 1994
Finance/Administration:
Mayor's:
PAGE 4
The second draft of the Cable Franchise has been reviewed and a third draft is presently being
distributed for final review
Bond sales ranking
Reviewed current agenda
Municipal Messenger communications
Citizen's Continents
There were no citizen's comments.
(Agenda Item VI)
Request to Appear: Carmen Parker with
Park One Realtors Requesting the Council
Consider Participation in Obtaining a Grant
from the Texas Community Development Pro ¢ram (Agenda Item VII)
Carmen Parker, 1314 Edelweiss, Allen, Texas, spoke before the Council with a request for Council
involvement in the Texas Community Development Program. Ms. Parker specifically requested an indication
whether the City would be able to contribute part of the funds to fulfill the matching funds criterion. Also, if
the City has specific projects already "ear -marked" for money in these enterprise zones, that money can be
included as participation points. The final item requested of Council would be whether the City would be able
to pay for a Grant Counselor to help write the grant itself.
Nancy Kerr, 301 Keith, Allen, Texas, spoke before the Council regarding the Community Development
Fund selection criteria. Scoring factors include community distress, benefit to low/moderate income persons,
minority hiring, project impact, matching funds and Regional Review Committee scoring factors.
Bud Westscott, 2812 Colonial Circle, McKinney, Texas, spoke before the Council regarding McKinney's
participation in such a community development grant. He reviewed certain qualifying factors and indicated that
the competition is very stiff for such applications. He also reviewed the time -frame by which the money needs
to be spent.
The City of Allen at the present time is not systemized for grants. However, we need to position
ourselves so that we can be ready next time something comes up similar to the one presented this evening. It
was agreed by Council that this is an item to be pursued and has been assigned to the Development Subcommittee
to build the capability to seek and pursue other funding opportunities such as the Community Development
Program.
1,
ALLEN CITY COUNCIL
REGULAR SESSION
i AUGUST 4, 1994
PAGE 5
Public Hearing on an Appeal by Bass
Development of the Planning and Zoning
Commission Decision on the Cottonwood Square
Request and Consider an Ordinance Effectine this Appeal (Agenda Item VHI)
The Chair respects the wishes of the petitioner, Tipton Engineering, to withdraw the zoning case of the
Planned Development No. 13 from the agenda.
Public Hearing on an Appeal by
Douglas Properties of the Planning
and Zoning Commission Decision on the
Shadow Lakes North Phase II Zoning Request
and Consider an Ordinance Effecting this Appeal (Agenda Item III)
Bill Petty, Community Development Director, indicated this property is located at the southwest corner
of Allen Heights Drive and FM 2170. The Planning and Zoning Commission denied the petitioner's request for
5 8 acres of shopping center and 11.64 acres of residential The principal reason for their denial was their
reluctance to dowrzone property from retail to residential.
The following are findings of the Planning and Zoning Commission:
MAJORITY
FINDINGS
1.
The request represented unwarranted downzoning.
2.
This intersection is appropriate for shopping center.
3.
Shopping center zoning in this neighborhood district has already been decreased and this request
represents a further reduction.
4.
The size of the shopping center should be large enough for a major anchor.
5.
The Comprehensive Plan identified major intersections for shopping center.
6.
Natural buffers exist between the shopping center tract and the adjacent residential.
MINORITY FINDINGS
1. The request was in accordance with the spirit of the Comprehensive Plan since there is so much
vacant retail to this area.
2. The request represented appropriate zoning for the area.
3. The compromise of the acreage was ideal for this location.
4. A worthwhile compromise for residential type retail rather than major retail in this location.
5. Compromise presented was adequate.
A 14 majority vote of the entire Council is required (6 of 7) to overturn the negative decision of the
Commission.
ALLEN CITY COUNCIL
REGULAR SESSION
AUGUST 4, 1994 PAGE 6
Pat Adkins, Tipton Engineering, along with Developer Jim Douglas, were present and spoke before the
Council. Mr. Adkins reviewed with the Council the Shadow Lakes Developments as they occurred throughout
the years since 1986. He showed that the area has become a fine residential area with little commercial
opportunities. The Developer has provided infrastructure (Allen Heights Drive and a greenbelt area including
lakes and hike and bike trails).
Mayor Farmer read the request into the record as follows:
"Public Hearing on an Appeal by Douglas Properties of the Planning and Zoning Commission
Decision on the Shadow Lakes North Phase II Zoning Request and Consider an Ordinance
Effecting this Appeal."
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
Lou Zriny, 1100 Bayshore, Allen, Texas, spoke in opposition to the item indicating that more residential
areas are not needed in the City due to school overcrowding and that more businesses are needed for tax dollars.
With no one else speaking either for or against the request, Mayor Farmer closed the public hearing.
Discussion was held regarding the upkeep of the greenbelt areas which will be addressed by the City
{ Manager and specific departments. Discussion was also held regarding the 5.8 acres of shopping center stripped
along Main Street (FM 2170). The Developer was asked to return to Council with additional information and
a new site plan including the following:
Incorporate the same acreage or more acreage for commercial to be placed along FM 2170 and
Allen Heights Drive and to locate residential along the entire western side of the property along
Fountain Gate Drive and the greenbelt area
In order for this configuration to work, use more retail acreage rather than less retail acreage
MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Bishop, the
Council voted six (6) for and none (0) opposed to authorize the Developer to work with Staff for
further study in developing a plan to bring back to Council at a future date for consideration
including the above mentioned notations. The motion carried.
Consider Planning and Zoning
Cormndssion Recommendation Regarding
Site Plan Approval on a Commercial
Development in the Central Business District (Agenda Item 11)
The Council is dealing with this issue because the Planning and Zoning Commission feels it may need
further review Staff desires Council's authority to allow the existing building a 2 -foot overhang on public right-
of-way
ALLEN CITY COUNCIL
REGULAR SESSION
AUGUST 4, 1994 PAGE 7
Following are the findings of the Planning and Commission:
1 The intent of the Commission is to recommend a change in the parking requirements for office
use to one space per 300 square feet.
2. The aesthetics of the site plan will be a positive addition to the gateway of the City
3. The face on the existing building will be renovated to correspond with the new structure.
4. Additional parking spaces would eliminate landscaping.
5. Preservation of the large tree on McDermott is indicated.
The specific variances Council is to consider are as follows:
1. Parking spaces required under the current ordinance would be 51 spaces; 43 are provided on the
site plan. The Zoning Ordinance is under review and consideration at the present time and it is
being changed in conformance with the cities of Plano and Garland which would require only 34
spaces.
2. A 2 -foot overhang presently exists on public right-of-way on the current building. Pedestrian
sidewalks on Allen Drive have not been designed due to the power poles and other apparatus that
are currently in place.
3. At the entrance on Allen Drive, there is a small concrete island behind two of the parking spaces.
A TU Electric pole is guy -wired in this location, and consequently, the typical 24 -foot
maneuvering space required between parking spaces is reduced to approximately 20 feet behind
these two spaces.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Hamner, the
Council voted six (6) for and none (0) opposed to consider the Planning and Zoning
Commission's recommendation to approve the site plan on a commercial development surrounded
by McDermott Drive, Butler Drive, Allen Drive and Belmont Street. The motion carried.
Presentation or Staff Recommendations
Concendust the Capital Improvement Proeram (Agenda Item XI)
Bill Petty, Community Development Director, presented and reviewed a packet of materials regarding
the Capital Improvement Program. He reviewed the calendar, the combined debt service for proposed $7 million
on a 20 -year bond issue prepared by our financial advisor; a review of the Capital Improvement Program
authorized, but unissued, G.O. Bonds; a Capital Improvement Program Bond sale by year; specific capital
improvement projects by proposition and yearly expenditures including revenue bond sales; and finally, all
projects including those using other monies.
Other Business (Agenda Item XII)
Calendar (Agenda Item XII -A)
The Budget Retreat will be held on Friday, Saturday and Sunday — August 5, 6 and 7
ALLEN CITY COUNCIL
REGULAR SESSION
AUGUST 4, 1994 PAGE 8
Confirm Delivery of the 1994-95 Budget on July 28, 1994 (Agenda Item X11 -B)
The Allen City Council confirmed the delivery of the 1994-95 budget on July 28, 1994.
Items of Interest (Agenda Item XII -C)
There were no items of interest.
Executive Session (Agenda Item XIII)
In accordance with The Texas Local Government Code, Personnel, Section 551.074, the Allen City
Council convened into Executive Session at 10: 12 p.m. 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 11.33 p.m.
Reconvene (Agenda Item XIV)
The Allen City Council reconvened into regular session at 11.34 p.m. on Thursday, August 4, 1994, in
the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during
Executive Session.
f
Adiourn (Agenda Item XV)
MOTION: Upon a motion trade by Councilmember Bishop and seconded by Mayor Pro Tem Lilly, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 11.34 p.m , on Thursday, August 4, 1994. The motion carried.
These minutes approved on the 18th day of August , 1994.
APPROVED:
Farmer, MAYOR
ATTEST:
EJ y Ma iron, CMC, CITY SECRETARY