HomeMy WebLinkAboutMin - City Council - 1982 - 06/17 - RegularC
ALLEN CITY COUNCIL
Regular Session
June 17, 1982
Present:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Don Rodenbaugh
Ward Paxton
Dennis Offutt
Absent•
H. R. Daugherty
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
In accordance with Article 6252-17 (Open Meetings Law),
V.A.T.C.S., Sections 2(f) and 2(g), the Allen City Council
met in Executive Session at 6:30 p.m. on Thursday, June 17, 1982,
at Rountree Elementary School, 800 E. Main Street, to discuss
matters pertaining to real estate and personnel. The Executive
Session was adjourned at 7:25 p.m.
The regular session of the Allen City Council was called
to order by Mayor Pierson at 7:35 p.m. on Thursday, June 17, 1982,
at Rountree Elementary School, 800 E. Main Street.
CONSENT AGENDA
(Agenda Item II)
MOTION: Upon a motion made by Councilman McClure and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
approve and adopt all items on the Consent Agenda as
recommended and as follows:
A. Approval of Minutes of June 2, 1982 - Called -Special
Workshop Session
B. Approval of Minutes of June 3, 1982 - Regular Session
C. Authorization to City Staff to pay bills associated
with the 1979 - 82 Capital Improvements Program as
follows:
1. Waller -Spears, Inc. $ 21,330.90
Service Center/City Hall Annex
Project No. FS 8023
Payment No. 1
2. Texas Contractor Magazine $ 237.60
Contract No. 810206B
Sprinkler System for Municipal
Complex Soccer Fields
Advertising for Receipt of Bids
D. Set Public Hearing Date for July 15, 1982 on a
Request from Texas Power and Light Company for
a Rate Increase.
The motion carried.
End of Consent Agenda
BMW
ALLEN CITY COUNCIL
June 17, 1982
Page 2
Appointments to Places No. 1, 3, 5 & 7
on the Planning & Zoning Commission (Agenda Item III)
Mayor Pierson advised that the terms of office for Places
No. 1, 3, 5 and 7 on the Planning & Zoning Commission would be
expiring at the end of June, thus appointments to those places
needed to be made at this time.
Mayor Pierson opened the floor for nominations.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Rodenbaugh, the Council voted 6 - 0 to
appoint the following individuals to the following
places on the Planning and Zoning Commission for two-
year terms of office to expire in June of 1984:
Place No. 1 - Jim Pendleton
Place No. 3 - Jim Wolfe
Place No. 5 - Robert Glass
Place No. 7 - Larry Larsen
The motion carried.
Mayor Pierson advised that the new terms of office would
commence as of July 1, 1982.
Public Hearing: Zoning Amendment Request
9 Acres from MF -1 to MF -2
Requested by Robert Burkart (Agenda Item IV -A)
Mayor Pierson read the request into the record as follows:
"Zoning Amendment Request from Robert Burkart on 9
acres of land from MF -1 to MF -2, located at the
corner of Jupiter Road and future Park Place Drive."
The Planning and Zoning Commission had recommended approval
of the request for rezoning from MF -1 to MF -2 on the 9 acres
and to recommend the refund of the zoning application fees on
this request in a vote of five for and two opposed.
Mr. Burkart was not present at this time to present his
request.
Mayor Pierson opened the public hearing.
The following residents spoke in opposition to this request
and/or asked questions regarding this zoning amendment request:
Janet Logan, 651 Leading Lane
Wanda Hannon, 639 Leading Lane
Kim Hudson, 631 Wandering Way
Tim Dorsey, 611 Valley View
Rick Alexander, 806 Cypress
At this time, Mr. Robert Burkart spoke before the City
Council on his request. Mr. Burkart advised that his property
had been zoned R-32, meaning 32 apartment units per acre,in
1970. In October of 1981, the City Council adopted a new zoning
ordinance with a new zoning designation on his property of MF -1
(Multi -family 1), meaning a density of 12 units per acre. He is
now requesting that a more reasonable zoning be placed on his
property, that being MF -2 (Multi -family 2), meaning a density of
24 units per acre,in order to develop his property.
The following residents spoke before the Council in opposition
to this request and/or asked questions pertaining to the request:
Ruth Eberts, 558 Hawthorne
Kim Hudson, 631 Wandering Way
ar
ALLEN CITY COUNCIL
June 17, 1982
Page 3
Public Hearing: Zoning Amendment Request
(continued) 9 acres from MF -1 to MF -2 (Agenda Item IV -A)
Mark Hudson, 631 Wandering Way
Bill Haupt, 624 Roaming Road
Don Wolff, 644 Leading Lane
John Cahill, 633 Valley View
Janet Logan, 651 Leading Lane
The following person spoke for the request:
Glenn Andrew, 219 Glenwick
With no one else wishing to speak before the Council on
this request, the Mayor closed the public hearing.
The City Council discussed with Mr. Burkart the timeframe
for development of this land, the City's controls on the way
this property would develop if rezoned, the location of this
property in connection to adjacent residential property, the
use of buffering around this property adjacent to the residential
area, review of Mr. Burkart's previous request for rezoning on
this property and adjacent townhouse -zoned property which was
withdrawn, and the feasibility of developing this property as
multi -family 1.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman McClure, the Council voted five (5) for
and one (1) opposed, with Mayor Pro Tem Farmer casting
the negative vote, to deny this zoning amendment request.
The motion carried.
Mayor Pierson recessed the regular session of the Allen City
Council at 9:05 p.m. The regular session was reconvened at 9:16 p.m.
Public Hearing: Site Plan Approval
44+ Acres of Land
Zoned TH-PD No. 7
Requested by: Fox & Jacobs, Inc. (Agenda Item IV -B)
Mayor Pierson read the request into the record as follows:
"Site Plan Approval on 44+ acres located south of
Ridgemont Drive and north of Chapparal Road from
Fox & Jacobs, Inc., presently zoned TH-PD No. 7."
The Planning and Zoning Commission recommended approval
of the request in a seven (7) for and none (0) opposed vote,
with the following amendments:
1. City of Allen Ordinance No. 372-10-81 be amended
to include the use regulations with site plan
attached thereto and made a part of such ordinance
for final development of TH-PD No. 7.
2. The preliminary landscape plan, deed restrictions,
and homeowners association charter be included
also and final versions to be supplied for approval
as part of the final platting process.
3. The site plan be accepted as a concept design and
a use plan only and in event of a conflict between
these plans and the City of Allen's Subdivision
Ordinance, the City's Subdivision Ordinance will
prevail and such conflicts will be resolved prior
to acceptance of the final plat.
4. Courtyard home regulations to be amended to reflect
a 2,200 square foot lot size minimum and a minimum
separation between the detached dwellings of 8 feet.
5. The 33 feet of Chapparal Road to be completed from
the eastern boundary of this property back to
Highway 5 prior to any construction in this area. U
ALLEN CITY COUNCIL
June 17, 1982
Page 4
Public Hearing: Site Plan Approval
(continued) 44+ Acres of Land
Zoned TH-PD No. 7
Requested by: Fox & Jacobs Inc. (Agenda Item IV -B)
Ron Walden, with Fox & Jacobs, Inc., spoke before the Council
on this request as to the development and planning for the various
new types of designs in housing.
Ron Morris, with Fox & Jacobs, Inc., and designer of this
site, presented to and spoke before the Council on the site
analysis and the site plan. The site analysis of the Collin
Square project took into consideration the major physical
characteristics of the site located south of Ridgemont Drive,
north of Chapparal Road and east of Highway 5. With the use
of them, Mr. Morris designed the layout of this proposed develop-
ment.
The site plan of the Collin Square development showed the
layout of traditional single family homes on 5 acres with a
total of 15 dwelling units; duplex townhomes on 5 acres with 44
dwelling units; cluster homes on 17 acres with 100 dwelling units;
and courtyard homes on 10 acres with 103 dwelling units. The
site plan also included the major streets running through the
development, with several small interior streets to the cluster
and courtyard homes.
Mr. Morris continued his presentation by showing several
slides of similar housing developments by Fox & Jacobs located
in Dallas, at Bryan Place, Carrollton, and Cedar Hill. The
slides showed several artist renderings of various exteriors
of the homes, pictures of actual cluster and courtyard homes
being constructed and interiors of these various designs.
Mr. Morris also presented a scale model of the cluster
homes, showing the location of the homes on the lots and the
small interior streets and driveways.
The Council discussed with Mr. Morris, during his presentation,
the definition of a homeowners association and what it would entail
and how it would relate to the City, placement of garbage for
pick-up in the cluster and courtyard homes, also parking of cars
for guests, traffic flow on the small 20' wide streets, parking
of recreational vehicles, and mail delivery to the cluster and
courtyard homes.
Mayor Pierson opened the public hearing.
The following individuals spoke before the Council in regard
to this request or just to ask questions pertaining to various
aspects of the development:
Rick Alexander, 806 Cypress
Gerald Eberts, 558 Hawthorne
Rex Womack, 911 Pebblebrook
With no one else wishing to speak before the Council on
this request, the Mayor closed the public hearing.
The Council had considerable discussion with the representatives
Of Fox & Jacobs on the areas to be developed first; that all
utilities would be underground; formation of the homeowners
association, their responsibilities and relationship with the City;
no parking on the small 20' wide streets within the cluster and
courtyard homes, what streets would be dedicated to the City
in this development, garbage collection, and cluster mail boxes.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Councilman McClure, the Council voted four (4) for and
two (2) opposed, with Councilmen Paxton and Offutt casting
the negative votes, to approve the request as presented
and in accordance with the recommendations of the Planning
and Zoning Commission, as previously stated herein. The
motion carried.
ALLEN CITY COUNCIL
June 17, 1982
Page 5
Mayor Pierson recessed the regular session of the Allen
City Council at 10:55 p.m. The regular session reconvened at
11:00 P.M.
Public Hearing: Variance Request for
Subdivision Sign
Location: 1301 Crestwood Court
Requested by: Keenan -Yates Advertising,
Inc., for Fox & Jacobs (Agenda Item IV -C)
Acting in the capacity of the Sign Board of Appeals, the
City Council would consider the following request.
Mayor Pierson read the request into the record as follows:
"Variance request from Keenan -Yates Advertising, Inc.,
representing Fox & Jacobs, to erect a 20' x 7-1/2'
subdivision advertising sign to be located at 1301
Crestwood Court."
Steve Hanningan, with Keenan -Yates Advertising, Inc.,
representing Fox & Jacobs, spoke before the Council on the
request for a variance to the City of Allen Sign Ordinance.
The request was to erect a 7-1/2' x 20' (150 square feet)
subdivision advertising sign at a height of 22' to be located
on Lot 9 of Tract G, which is 1301 Crestwood Court. Regulations
of the Sign Ordinance state that the sign be no larger than 96
square feet in size and at a height of 15'.
The Council discussed with Mr. Hanningan the placement of
a larger subdivision sign on the highway and the use of the
appropriate size sign at the model homes in the development.
Mayor Pierson opened the public hearing.
The following individual spoke in opposition to this variance
request:
Rick Alexander, 806 Cypress
With no one else wishing to speak before the City Council
on this request, Mayor Pierson closed the public hearing.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Rodenbaugh, the Council voted 6 - 0 to
deny the request for a variance to the Sign Ordinance.
The motion carried.
Public Hearing: Site Plan Approval
5 Acre Tract - Church
of the Jesus Christ of
the Latter Day Saints
Zoned: CF - PD No. 2 (Agenda Item IV -D)
Mayor Pierson read the request into the record as follows:
"Site Plan approval from the Church of Jesus Christ of
Latter Day Saints on a 5 acre tract located south of
F.M. 2170 and east of Allen Heights Drive, presently
zoned Planned Development No. 2 for Community Facilities."
The Planning and Zoning Commission recommended that the
site plan be approved as presented in a vote of six (6)
for and none (0) opposed, and that an amendment be made
to the City of Allen Ordinance No. 367-10-81 to include
the use regulations with the site plan attached thereto
and made a part of such ordinance for final development
of Tract 3, Planned Development No. 2.
q0
ALLEN CITY COUNCIL
June 17, 1982
Page 6
City Manager McCarty advised the Council of the request
for a rate increase from Texas Power & Light Company submitted
on February 12, 1982. An agreement has been reached by all
parties involved, however, approval of the Public Utilities
Commission is still pending. Thus in order for Texas Power
and Light to make their rate increase effective on July 1st,
a bond form has been submitted by Texas Power & Light Company
to insure that if the rates finally approved by the PUC differ
from the rates put into effect on July 1st, a rebate back to
the customers will be made.
Public Hearing: Site Plan Approval
Church of the Jesus
Christ of the Latter
(continued) Day Saints (Agenda Item IV -D)
Charles Crouch, engineer, presented to and spoke before
the Council on the site plan of the proposed church, to be
located on a 5 acre tract that is south of F.M. 2170 and
east of Allen Heights Drive. The site plan showed the location
of the 13,600 sq. ft. building, with 179 parking places, and
the ingress/egress to the site from F.M. 2170. Mr. Crouch also
presented an artist's rendering of the front elevation of the
church.
Mayor Pierson opened the public hearing.
The following individual spoke in favor of this request:
Gerald Eberts, 558 Hawthorne
With no one else wishing to speak for or against this
request, Mayor Pierson closed the public hearing.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
approve the site plan as presented and in accordance
with the recommendation of the Planning and Zoning
Commission as previously stated herein. The motion
carried.
Approval of Preliminary and
Final Plat for Church of Jesus
Christ of Latter Day Saints (Agenda Item V)
Charles Crouch presented the preliminary and final plat
of the 5 acre tract of land owned by the Church of the Jesus
Christ of the Latter Day Saints. The Plat showed Tract 3
being platted into two lots of record, with the construction
of the church to be located on Lot 1 of Block 1.
The Planning and Zoning Commission recommended approval
of the preliminary and final plat as presented in a vote of
five (5) for and none (0) opposed.
Bill Petty, Building Official, spoke before the Council
regarding the request and advised that the plat met all of
the requirements of the codes of the City and contained all
the utility easements, street right-of-way easements, and
fire lane easements needed by the City.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Offutt, the Council voted 6 - 0 to approve
the preliminary and final plat of the Church of the
Jesus Christ of Latter Day Saints as presented and in
accordance with the recommendations of the Planning and
Zoning Commission as previously stated herein. The
motion carried.
Approval of the Bond Form
Submitted by Texas Power &
Light Company (Agenda Item VI -A)
City Manager McCarty advised the Council of the request
for a rate increase from Texas Power & Light Company submitted
on February 12, 1982. An agreement has been reached by all
parties involved, however, approval of the Public Utilities
Commission is still pending. Thus in order for Texas Power
and Light to make their rate increase effective on July 1st,
a bond form has been submitted by Texas Power & Light Company
to insure that if the rates finally approved by the PUC differ
from the rates put into effect on July 1st, a rebate back to
the customers will be made.
ALLEN CITY COUNCIL
June 17, 1982 Page 7
Approval of Bond Form Submitted
by Texas Power & Light Company (cont'd) (Agenda Item VI -A)
Mr. McCarty further advised that the City Staff's recom-
mendation was to approve the bond form submitted by Texas Power
and Light Company.
John Turner, with Texas Power & Light Company, was present
to answer any questions that the Council may have regarding this
matter.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 6 - 0 to approve
the bond form submitted by Texas Power and Light Company.
The motion carried.
Resolution No. 394-6-82(R): A Resolution
of the City Council of the City of Allen,
Texas, Suspending the Operation of a
Proposed Fuel Cost Factor Tariff Filed
by Texas Power and Light Company for an
Additional Thirty Days Beyond the Date
on Which Such Schedules Would Otherwise
Go Into Effect. (Agenda Item VI -B)
Mayor Pierson gave a brief background on the litigation
by the Texas Municipal League regarding the adjustments to
the fuel adjustment clause.
John Turner, with Texas Power & Light Company, spoke before
the Council on the suspending of an additional 30 days the tariff
t and use schedule as proposed by Texas Power & Light.
E City Manager McCarty advised of the proposed resolution to
�✓ suspend the operation of the tariff for an additional 30 days
and of the City Staff's recommendation that the proposed resolu-
tion be adopted.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Paxton, the Council voted 6 - 0 to adopt
Resolution No. 394-6-82(R). The motion carried.
Consideration of Planning
and Development Policies (Agenda Item VII)
City Manager McCarty handed out to the City Council a
packet of information regarding the technical standards survey
and comparisons made to those of the City of Allen with the
cities of Plano, Richardson, Burleson, Duncanville and Mesquite.
Mr. McCarty also provided proposed development policy
statements containing policies and their implementation elements
concerning the development of residential, commercial and
industrial property.
Mr. McCarty reviewed these items briefly with the Council.
There was no action taken on these items at this time.
Awarding of a Contract on
the Municipal Complex Soccer
Fields Sprinkler System
(Agenda Item VIII)
City Manager McCarty presented to and spoke before the
Council on the bid tabulations received for the municipal
complex soccer fields sprinkler system. There were six bids
received, with the lowest bidder being the Marriott Brothers
in the amount of $25,155 for Alternates 1 and 2.
Mr. McCarty advised that the City Staff's recommendation
was to award the contract to the lowest bidder, being the
Marriott Brothers for Alternates 1 and 2 for a total cost of
$25,155.00 and to approve the following project budget:
G._
ALLEN CITY COUNCIL
June 17, 1982 Page 8
Awarding of a Contract on the
Municipal Complex Soccer Fields
Sprinkler System (continued) (Agenda Item VIII)
rn IIV�G
Marty HendrixVVW`ARCITY SECRETARI
Construction $25,155.00
Engineering 460.00
Staking & Testing 500.00
Contingencies 500.00
$26,615.00
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Paxton, the Council voted 6 - 0 to award
the bid to the Marriott Brothers in the amount of
$25,155.00 for Alternates 1 and 2 and to approve the
project budget in accordance with the recommendations
of the City Staff. The motion carried.
Police Report - May, 1982 (Agenda Item IX)
Police Chief Richard Carroll presented to and spoke before
the Council on the Consolidated Summary of Activities for the
�.
Allen Police Department as of the month ending May, 1982.
The Council briefly reviewed the report and discussed with
him crime statistics relating to drug arrests and drug related
problems in the city.
Chief Carroll advised the Council of new forms for statistics
that would be forthcoming and the increase of the use of the
house watch program by residents.
item.
There was no action takn on this
Report on Planning and Zoning
Commission Action (Agenda Item X)
Bill Petty, Building Official, provided the Council with
a written report on the work of the Planning and Zoning Com-
mission on the 855+ acres of planned development request sub-
mitted by Del Morton and the Cambridge Companies.
Mr. Petty briefly reviewed this report with the Council
and advised that the recent action of the Commission on this
request had been to deny the planned development request.
There was no action taken on this item.
Executive Session
Mayor Pierson advised that there would not be an
executive session at this time.
Adjournment
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman McClure, the Council voted 6 - 0 to
adjourn the regular session of the Allen City Council
at 12:05 a.m. The motion carried.
These minutes approved on the Ist day of July 1982.
M. B. Terson, MAYOR
rn IIV�G
Marty HendrixVVW`ARCITY SECRETARI