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HomeMy WebLinkAboutMin - City Council - 1984 - 04/05 - RegularALLEN CITY COUNCIL REGULAR SESSION APRIL 5, 1984 Present: Mickey Pierson, Mayor Council Members• Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack 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 7:31 p.m, on Thursday, April 5, 1984, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. W CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 6 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of March 15, 1984 - Regular Session B. Approval of City Council/Allen Independent School District Board of Trustees Minutes of March 26, 1984 - Called - Special Session C. Authorization to city staff to pay bills associated with the 1979 - 82 Capital Improve- ments Program as follows: 1. Uvalde Construction Company $10,065.60 Contract No. 821004 - Con- struction of Park Place Drive - Payment No. 11 2. Ronald E. Fix and Associates $ 394.75 Contract No. 821004 - Con- struction of Park Place Drive - Inspection & Engi- neering Fees for period of 2/24/84 - 3/26/84 3. Shimek, Jacobs & Finklea $ 1,026.61 Services through 2/29/84 in Connection with Report, Plans & Specifications for Bank Protection of Rowlett Creek near Cottonwood Creek Sewer Crossing W ALLEN CITY COUNCIL April 5, 1984 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) Barton Graphics, Inc. $360.67 Exterior Ground Sign for Allen Municipal Annex/AISD Warehouse to be Located at Intersection of Butler Circle & Butler Drive Ordinance No. 498-4-84: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately 377 Acres Located in the Catherine Parsons Survey, Abstract No. 711. Ordinance No. 499-4-84: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately 898.6574 Acres Located in the Alfred Slack Survey, Abstract No. 854, the Issac Herring Survey, Abstract No. 381, the Joab Butler Survey, Abstract No. 47, the Jesse H. Gough Survey, Abstract No. 347, the David M. Tucker Survey, Abstract No. 914, and the James W. Parsons Survey, Abstract No. 704. F. Resolution No. 500-4-84(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment to the 1983 Tax Roll and a Refund Issued for Overpayment of 1983 Taxes. G. Set May 3, 1984 as Public Hearing Date on a (001 Request to Establish Permanent Zoning of PD on Approximately 409 Acres of Land Located South of Park Place Drive, East of Cottonwood Creek and North of Chapparal Road. H. Set May 3, 1984 as Public Hearing Date on a Request to Establish Permanent Zoning of PD on Approximately 898 Acres of Land Located South of Rowlett Road, North of F.M. 2170, and Lying Adjacent to Rowlett Creek and the West Rowlett Creek Branch. The motion carried. End of Consent Agenda Plaques of Appreciation to Glenn Andrew, Place No. 2, and Jim Wolfe, Place No. 3, on the Planning and Zoning Commission (Agenda Item III) Mayor Pierson presented plaques of appreciation to Glenn Andrew, Place No. 2, and Jim Wolfe, Place No. 3, on the Planning and Zoning Commission for their service to the City of Allen on this Commission. P0 ALLEN CITY COUNCIL April 5, 1984 Old Business: Reconsider a Request Ordinance No. 501-4-84: Amending Comprehensive Zoning Ordinance No. 366-10-81, to Establish Permanent Zoning of PD (Planned Development) No. 18 on Approximately 97 Acres out of the Witsaul Fisher Survey, Abstract No. 323. Page 3 (Agenda Item IV) Mayor Pierson read the request into the record as follows: "Old Business: Reconsider a Request by Omni Homes to Establish Permanent Zoning of PD (Planned Development) on Approximately 97 Acres Located at the Northeast Corner of the Intersection of Malone Road and F.M. 2170." Mayor Pierson advised of the action taken by the City Council at their last regular meeting on March 15, 1984. The motions ended in tie votes, thus failing to provide final action on this request. Mayor Pierson stated that a legal opinion was requested and he reviewed the written legal opinion from City Attorney Don Crowder and read into the record a portion of that letter as follows: "My opinion is that at the next available council meeting, if the matter is to be reconsidered at all, there must be made a motion to reopen or to reconsider which, if receiving the requisite votes, will allow the Council to reconvene discussion of the zoning request and take any action at that council meeting that it could have taken at the other. However, should the motion not be made or if the motion fails, then, in that event, the matter is dead and cannot receive further consideration by the Council again unless and until each and every step required in the approval of the zoning of a particular piece of land is taken. In other words, Omni must start all over again." Mayor Pierson asked if there was a motion to reconsider this item. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted five (5) for and one (1) opposed, with Councilman Paxton casting the negative vote to reconsider this item. The motion carried. Don Herzog, Vice President - Development for Omni Homes, spoke before the Council on this request for PD (Planned Development) zoning on a 97.96 acre tract of land, located at the northeast corner of Malone Road and F.M. 2170. Mr. Herzog presented a revised color -coded concept and preliminary development plan for Fairhaven Village, showing R-2, R-3, R-4 and R-5 lots, townhouses, local retail and a park site. 6 for Permanent Zoning on 97.96 Acres to Zoning: PD (Planned Development) Location: Northeast Corner of Intersection of Malone Road and F.M. 2170 Requester: Omni Homes and Ordinance No. 501-4-84: Amending Comprehensive Zoning Ordinance No. 366-10-81, to Establish Permanent Zoning of PD (Planned Development) No. 18 on Approximately 97 Acres out of the Witsaul Fisher Survey, Abstract No. 323. Page 3 (Agenda Item IV) Mayor Pierson read the request into the record as follows: "Old Business: Reconsider a Request by Omni Homes to Establish Permanent Zoning of PD (Planned Development) on Approximately 97 Acres Located at the Northeast Corner of the Intersection of Malone Road and F.M. 2170." Mayor Pierson advised of the action taken by the City Council at their last regular meeting on March 15, 1984. The motions ended in tie votes, thus failing to provide final action on this request. Mayor Pierson stated that a legal opinion was requested and he reviewed the written legal opinion from City Attorney Don Crowder and read into the record a portion of that letter as follows: "My opinion is that at the next available council meeting, if the matter is to be reconsidered at all, there must be made a motion to reopen or to reconsider which, if receiving the requisite votes, will allow the Council to reconvene discussion of the zoning request and take any action at that council meeting that it could have taken at the other. However, should the motion not be made or if the motion fails, then, in that event, the matter is dead and cannot receive further consideration by the Council again unless and until each and every step required in the approval of the zoning of a particular piece of land is taken. In other words, Omni must start all over again." Mayor Pierson asked if there was a motion to reconsider this item. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted five (5) for and one (1) opposed, with Councilman Paxton casting the negative vote to reconsider this item. The motion carried. Don Herzog, Vice President - Development for Omni Homes, spoke before the Council on this request for PD (Planned Development) zoning on a 97.96 acre tract of land, located at the northeast corner of Malone Road and F.M. 2170. Mr. Herzog presented a revised color -coded concept and preliminary development plan for Fairhaven Village, showing R-2, R-3, R-4 and R-5 lots, townhouses, local retail and a park site. 6 ALLEN CITY COUNCIL April 5, 1984 Page 4 Old Business: Reconsider a Request for PD Zoning on 97.96 Acres - Omni Homes (cont'd) and Ordinance No. 501-4-84: Establish Permanent Zoning of PD No. 18 (Agenda Item IV) Mr. Herzog advised of the location of the property, the land surrounding the site and the owners of those properties, advised of the elimination of the alley on the east side of the tract, the reduction in density from 376 units to 313 units, the elimination of the cluster homes; and that the park site would be irrigated and seeded. Mr. Herzog also advised of the exterior construction of the homes, being brick or stone, with no stucco. Mr. Herzog advised of a report from Frank Osgood and Associates regarding the 13 acre - local retail development and elaborated on the need for this size of retail tract which included statistics on shopping needs, sales tax revenues, number of residents and location of major thoroughfares. Mr. Herzog provided a handout showing other locations within a one (1) mile radius of this tract that are zoned local retail. Mr. Herzog provided a handout on the new use regulations for this revised planned development and explained some correc- tions that had been made. Mayor Pierson advised that the public hearing had been closed but at this time he would call upon the people who spoke at the last public hearing to speak at this time to see if they had any comments on the proposed changes in the plans. The following individuals spoke: Roger_ Harper was not present. Robert Puster had no comment. Roy O'Neill spoke before the Council on the changes and the homeowners' feelings on this request. He requested that a flood plain study be conducted before final platting on this property. Mayor Pierson advised that a flood plain study is a regular requirement of the platting process. Weston Blair asked about the stone exterior to be used on the homes. Natural stone would be used. Bob Taylor presented, for the record, pictures of the flooding problems experienced in this CIV area and stated the need for a study of it. Mike Williams was not present at this meeting. The Council discussed the northern boundaries of this property, the work with the homeowners to address the concerns of the homeowners and provide buffering, the local retail tract being a shopping center type development, the density of the tract still being too high with too many R-5 lots, the likelihood of this area being a rental district, the need to look at a shopping center zoning district for this intersection. 47 ALLEN CITY COUNCIL April 5, 1984 Page 5 Old Business: Reconsider a Request for PD Zoning on 97.96 Acres - Omni Homes (cont'd) and Ordinance No. 501-4-84: Establish Permanent Zoning of PD No. 18 (Agenda Item IV) MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted four (4) for and two (2) opposed, with Council Members Paxton and Offutt casting the negative votes to approve the request as amended and to adopt Ordinance No. 501-4-84, as captioned previously. The motion carried. Public Hearing: Request for Specific Use Permit for Arcade Location: Allen Bowl - State Highway 5, North of Ridgemont Drive Requestor: Melvin Solotorovsky (Agenda Item V-A) and Ordinance No. 502-4-84: Amending Comprehensive Zoning Ordinance No. 366-10-81 to Allow a Specific Use Permit for an Arcade Within a Desig- nated Area of the Allen Bowl Situated on an Approximate four (4) Acre Tract of Land in PD-SC4. Mayor Pierson read the request into the record as follows: "Consider a Request for a Specific Use Permit to Operate an Arcade in the Allen Bowl located on State Highway 5, north of Ridgemont Drive." Melvin Solotorovsky, Coordinator for the Allen Bowl, Inc., spoke before the Council on behalf of this request. Mr. Solotorovsky presented a floor plan of the interior of the Allen Bowling Alley and advised of the proposed location of the video arcade within the building. Mr. Solotorovsky advised that this area contained 800 square feet and it was located at the north end of the building. Mayor Pierson opened the public hearing. The following individual appeared before the Council to speak on this request: Don Snyder, 1018 Hawthorne, spoke against this request and regarding the problems he has with pedestrian traffic through his yard to the bowling alley at this time due to the fact he cannot fence a portion of his yard which is a drainage easement. With no one else wishing to speak either for or against this request, Mayor Pierson closed the public hearing. The Council discussed with Mr. Solotorovsky the number of machines planned for the arcade, being ten (10) machines; the need for a fence behind the bowling alley to screen it from a residential area; the drainage area and how it is constructed; and opposition to video games. K, ALLEN CITY COUNCIL April 5, 1984 Page 6 Public Hearing: Request for Specific Use Permit for Arcade in Allen Bowl (cont' and Ordinance No. 502-4-84: to Allow a Specific Use Permit for Operation of an Arcade in PD-SC4 (Agenda Item V-A) City Manager McCarty advised of the city's two ordinances pertaining to coin-operated video games, one providing for licensing of the machines and one providing for arcades in certain zoning districts. The Council continued discussion of the need for a fence behind the bowling alley for screening from the residential area and the fact that the drainage easement area cannot be fenced or blocked due to the need for the natural drainage. Bill Petty, Director of Community Development, spoke before the Council on the major points of the ordinance re- garding specific use permits to permit arcades in certain zoning districts. Discussion continued by the Council on the need for a definite plan for this specific use permit for an arcade as to the number of machines, the location of the machines, the organization of the full-time supervisor, etc.; the bowling alley being a proper place for an arcade; the monitoring or enforcement of the arcade ordinance by the city; if additional parking spaces are needed for this use; and the need to be so specific when the arcade ordinance is already enforced. The Planning and Zoning Commission, at their regular meeting on February 23, 1984, had recommended to the Council that this request be approved. MOTION: A motion was made by Mayor Pro Tem Farmer and seconded by Councilman McClure to deny this request. The Council voted two (2) for, three (3) opposed, with Mayor Pierson and Council Members Paxton and Offutt casting the negative votes, and with one (1) abstention from Mayor Pro Tem Farmer. The motion failed. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Offutt, the Council voted five (5) for and one (1) opposed, with Councilman McClure casting the negative vote, that the request for a specific use permit for an arcade be approved with the additional restriction of only fifteen (15) machines in the arcade, and to adopt Ordinance No. 502-4-84, as captioned previously. The motion carried. Mayor Pierson recessed the regular meeting of the Allen City Council at 8:51 p.m. The meeting reconvened at 9:03 p.m. 4n ALLEN CITY COUNCIL April 5, 1984 Public Hearing: Zoning: Location: and Request to Establish Permanent Zoning of PD (Planned Development) on 735± Acres West of U.S. 75, Adjacent to Watters Road, Beginning at F.M. 2170 and Extending North of Rowlett Road Folsom Investments Inc. Ordinance No. 503-4-84: Amending Comprehensive Zoning Ordinance No. 366-10-81 to Establish Permanent Zoning of PD No. 20 on Approximately 735 Acres of Land out of the L.K. Pegues Survey, Abs. No. 702, John Fyke Survey, Abs. No. 325, William Jackson Survey, Abs. No. 484, Michael Lee Survey, Abs. No. 544, and Catherine Parsons Survey, Abs. No. 711 Page 7 (Agenda Item V -B) Mayor Pierson read the request into the record as follows: "Consider a Request to Establish Permanent Zoning of PD (Planned Development) on Approximately 735 Acres of Land Located West of U.S. 75, Adjacent to Watters Road, Beginning at F.M. 2170 and Extending North of Rowlett Road." Denny Holman, Executive Vice President with Folsom Investments, Inc., spoke before the Council on behalf of this request to permanently zone 735± acres of land. Mr. Holman's presentation included slides of some of the existing developments by Folsom, those being in Plano and North Dallas. The slides showed homes in Hunter's Glen and Bent Tree, the golf course at Bent Tree, various apartment complexes in Bent Tree and various landscaping techniques using waterscapes. J. T. Dunkin, a land planner, presented the concept plan of the 735± acres of land and advised of the location of the property, thoroughfares in the development, locations of the utility easements, and the flood plain areas. Mr. Dunkin presented and reviewed in detail the land use development plan which showed the various zoning districts and the thoroughfare plan for proposed roads in this development. The various zonings included, single-family residential, townhouse, multi -family, shopping center, light industrial, office and two-family residential. Major thoroughfares were F.M. 2170, U.S. 75, alignment of Watters Road, Rowlett Road, alignment of Alma Road, and an interior loop road through this development and the adjacent development to the south. Mr. Dunkin presented a preliminary townhouse plan and a subdivision plan. Mr. Dunkin reviewed with the Council a change in the routing of Watters Road so that it curves away from the Kitty Hawk development to the north and advised of the height restrictions on buildings near the Kitty Hawk development. Ln ALLEN CITY COUNCIL April 5, 1984 Page 8 Public Hearing: Request to Establish PD Zoning on 735± Acres Folsom (cont'd) (Agenda Item V -B) and Ordinance No. 503-4-84: To Establish Permanent Zoning of PD No. 20 Mr. Dunkin reviewed briefly the density of the development and the zoning standards for this development, and handed out a sheet showing the dwelling unit comparisons of this develop- ment as to that now existing in the city. Mr. Jack Hatchell, traffic engineer with Barton-Aschman Associates, Inc., spoke before the Council on a traffic study prepared for this total development. Mr. Hatchell advised the Council that the City Manager had also received a traffic study from the North Central Council of Governments and he reviewed the differences in this study as compared to the one he had prepared and provided the reasoning behind the differences. Mr. Hatchell provided a sketch showing the projected 24- hour NCTCOG figures for traffic volume and the traffic volume that he proposed and reviewed in detail the major thoroughfares in this development, being F.M. 2170, Alma Road, Rowlett Road, Watters Road, a loop road through the development, and U.S. 75. City Manager McCarty advised that the city staff would like to study the impact of the proposed alignment of Alma Road as well as the routing of Watters Road. Mayor Pierson opened the public hearing. The following individual spoke before the Council regarding this request: Jim Rushing, representing the Kitty Hawk Homeowners Asso- ciation, spoke before the Council on the concerns they had with this development and the work the homeowners had done with the developers to alleviate some of those problems. Mr. Rushing handed out a letter stating those concerns and the terms that Folsom had agreed to in those matters. The letter read: 1. "That Watters Drive would be temporarily terminated at the corner of our property. This would lead to the removal of the tree line along the east boundary of our property and the existance of a 6 lane road within 50 foot of some of the houses. Folsom agreed to turn Watters Road so that it will more nearly parallel Central Expressway. We recommend that this be accepted." 2. "The height regulation for a building located at the end of our runway was 30 feet or 2' stories. We requested that the height regulation be modified, such that 1200 feet due south of the runway and 100 feet each side of the runway centerline, the maximum height be 20 feet or 1' stories. Folsom agreed to this height regulation. However, we could still be landing and taking off directly at and over homes. We felt that this was un- safe, especially directly off the end of the runway. I met with J. T. Dunkin and asked if Tract 15 could be platted in such a way as to layout a street that would be like an extension of the runway. This way, we would not be flying directly over houses while we are at extremely low altitudes. J. T. Dunkin, with Folsom's approval, drew the street layouts for Tract 15 and has agreed to make them a part of this request. We recommend that this be accepted." 9a ALLEN CITY COUNCIL April 5, 1984 Page 9 Public Hearing: Request to Establish PD Zoning on 735± Acres Folsom (cont'd) (Agenda Item V -B) and Ordinance No. 503-4-84: To Establish Permanent Zoning of PD No. 20 3. "The minimum dwelling size for Tract 15 was 1600 square feet and the average house in our development is about 2500 square feet. Becasue of this large imbalance, we asked that the Folsom property adjacent to us have a minimum dwelling size of 2000 square feet or greater and be on lots of 12,000 square feet. This was also agreed to by Folsom. We recommend that this be accepted." With no one else wishing to speak either for or against this request, Mayor Pierson closed the public hearing. The Planning and Zoning Commission, at their regular meeting of February 9, 1984, recommended to the City Council that the request be approved based on the following conditions: A. Inclusion of the changes identified in the detail review February 9, 1984. B. Staff verification of their changes prior to final action by the City Council. C. Inclusion of the loop street concept as presented. D. Inclusion of the Hwy. 75 overpass concept as presented. E. Realign Watters Road adjacent to Tract 15 to more readily parallel Hwy. 75 to create an established corridor. F. Inclusion of a 200 feet wide zone 1200 feet long south of the Kitty Hawk runway to establish a maximum height of 20 feet or 1' stories in this area as long as the Kitty Hawk airport exists. G. If it is not decided that Alma Road will be the western boundary of this property along Tracts 1 and 4 then a minimum of a 4 lane undivided street is to be required. There was considerable discussion by the Council on the fact that there were no R-2 lots in this development, their concern with a residential street ending into the runway of the Kitty Hawk air strip, the open space area for the townhouses being a linear park, if the developers had met with the school district to determine the need for the school site on this development, the location of the interchange on Rowlett Road at U.S. 75, concerns for the amount of traffic to be generated by this development, the future plans for the Kitty Hawk Airport and the amount of air traffic this small airport produces, the plans for open space along the Rowlett Creek and protection of this creek area. There was further discussion with city staff on the results of the traffic volumes projected by NCTCOG and Barton-Aschman, and the need to appropriate the needed right-of-way and construct the roads at a level to service this traffic. Bill Petty, Director of Community Development, advised the Council that all of the Planning and Zoning Commission's recom- mendations were incorporated into the plans that were presented to them, however, the request for the 2000 square foot homes on 12,000 square foot lots to be built along the northern boundary of Tract 15, adjacent to the Kitty Hawk Airport, had not been included. He also advised the Council that the interior streets of a development are usually not approved with zoning and are often subject to change due to the engineering on the property. Therefore, it would be the city staff's recommendation that they have the flexibility of determining the street layout during the platting process. q3 ALLEN CITY COUNCIL April 5, 1984 Page 10 Public Hearing: Request to Establish PD Zoning on 735± Acres Folsom (cont'd) (Agenda Item V -B) and Ordinance No. 503-4-84: To Establish Permanent Zoning of PD No. 20 MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman McClure, the Council voted 6 - 0 to approve the request as presented and in accordance with the recommendations of the Planning and Zoning Commission, as stated; and to include the requirement for the 2000 square foot homes to be built on 12,000 square foot lots along the northern boundary of Tract 15, adjacent to the Kitty Hawk Addition; and to adopt Ordinance No. 503-4-84, as captioned previously. The motion carried. Public Hearing: Request to Establish Zoning: Permanent Zoning of PD (Planned Development) on 40 Acres of Land Zoned AO Location: Northeast Corner of Exchange Parkway and U.S. 75 Requester: Folsom Investments, Inc. and Ordinance No. 504-4-84: Amending Comprehensive Zoning Ordinance No. 366-10-81 to Establish Permanent Zoning of PD No. 21 on Approximately 40 Acres of Land out of the James Reed Survey Abs. No. 758. (Agenda Item V -C) Mayor Pierson read the request into the record as follows: "Consider a Request to Establish Permanent Zoning of Planned Development on Approximately 40 Acres of Land Located at the Northeast Corner of Exchange Parkway and U.S. 75." Mr. J. T. Dunkin, land planner representing Folsom Invest- ments, presented to and spoke before the Council on this request for Planned Development on 40 acres of land. This planned development zoning included commercial and single family. Mayor Pierson opened the public hearing. The following individuals spoke in regards to this request and/or asked questions regarding this request: Paul Dobson, 210 Glenwick Place Barbara Dobson, 210 Glenwick Place Mrs. Mark Seglem, 215 Nob Hill Place With no one else wishing to speak either for or against this request, Mayor Pierson closed the public hearing. The Planning and Zoning Commission, at their meeting of March 8, 1984, recommended to the City Council that this request for planned development on the 40 acres of land be approved as presented. 9q 101 ALLEN CITY COUNCIL April 5, 1984 Page 11 Public Hearing: Request to Establish PD Zoning on 40± Acres Folsom (cont'd) (Agenda Item V -C) and Ordinance No. 504-4-84: To Establish Permanent Zoning of PD No. 21 The Council discussed the right-of-way needed for the interchange at U.S. 75, the density of the residential zoning, why the zoning of commercial was used rather than office, some of the commercial uses listed in the use regulations not being conducive to this location, what the boundaries were to this property, the lack of thoroughfare access to this property, and the elimination of some of the use regulations. MOTION: A motion was made by Councilman Paxton to deny this request. The motion failed due to a lack of a second to the motion. MOTION: A motion was made by Councilman Womack and seconded by Councilman McClure to approve the request for planned development in accordance with the recommenda- tion of the Planning and Zoning Commission, as stated, with the deletion of items "H", "I", "M", and a portion of "0" that reads: "and include: auto, glass, muffler or tire shop, plant sales (retail only), upholstery shop, outdoor commercial amusements, and motorcycle sales or repair" from the planned development use regulations; and to adopt Ordinance No. 504-4-84, as captioned previously. AMENDMENT TO MAIN MOTION: A motion was made by Councilman Paxton and seconded by Mayor Pro Tem Farmer to amend the main motion to include the elimination of items "F" and "J" from the planned development use regulations. The Council voted five (5) for and one (1) opposed, with Mayor Pierson casting the negative vote. The motion carried. There was considerable discussion with city staff regarding the elimination of item "M" of the use regulations which reads: "Uses similar to the above mentioned permitted uses provided activities conducted observe the requirements of all City Ordinances."; and what would be the procedure followed if this section were eliminated. AMENDMENT TO MAIN MOTION: A motion was made by Mayor Pro Tem Farmer to leave in use regulation item "M". The motion failed due to a lack of a second to the motion. VOTE ON THE MAIN MOTION: The Council voted six (6) for and none (0) opposed to the main motion. The motion carried. Mayor Pierson recessed the regular session of the Allen City Council at 11:16 p.m. The meeting reconvened at 11:28 p.m. Approval of a Site Plan Request Phase Three of the Cottonwood Creek Village Shopping Center by Folsom Investments, Inc. (Agenda Item VI) Bobby Kennedy, representing Folsom Investments, Inc., presented to and spoke before the Council on the proposed site plan for Phase Three of the Cottonwood Creek Village Shopping Center, located at the northwest corner of the intersection of F.M. 2170 and State Highway 5. 99' ALLEN CITY COUNCIL April 5, 1984 Page 12 Approval of Site Plan - Phase Three Cottonwood Creek Shopping Center Folsom (cont'd) (Agenda Item VI) Mr. Kennedy presented the proposed site plan which showed the third phase of their shopping center to be located on the southern end of the existing strip center and would contain approximately 15,000 square feet of lease space. Mr. Kennedy also advised the Council of a request by the city to replat this portion of the property from the original plat in order to facilitate two problems, one to move the temporary fire lane, and to provide a 40' sewer line easement behind their property to the city. Mr. Kennedy advised that Folsom could provide the 40' sewer line easement to the Wal Mart property and can provide by separate instrument a continua- tion of the 40' sewer easement to the north from the Wal Mart property line. The Planning and Zoning Commission, at their regular meet- ing of March 22, 1984, recommended to the City Council approval of the site plan with the conditions that the existing plat be amended to reflect the removal of the temporary fire lane and the addition of the 40' sanitary sewer easement as well as the dedication of the continuation of the 40' sanitary sewer ease- ment by means of a separate instrument on property owned by Folsom Investments north of Wal Mart. 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 for Phase Three of the Cottonwood Creek Village Shopping Center as requested and in accordance with the recommendations of the Planning and Zoning Commission, as stated. The motion carried. Approval of Replat: Lot 5, Block A Bethany Park Addition Location: South of Bethany Road and East of State Highway 5 Requestor: Huffman Development (Agenda Item VII) Mike Renfro, with Huffman Development Company, presented to and spoke before the Council on the request for replat approval for Lot 5 of Block A of the Bethany Park Addition, located south of Bethany Road and east of State Highway 5, in the William Perrin Survey, Abstract No. 708. Mr. Renfro reviewed the plat and advised of the location of the utilities, the fire lane easements, boundaries of the property, etc. Bill Petty, Director of Community Development, advised the Council of the review of the engineering on the project and that it met all of the requirements and that Huffman Development will also have to escrow funds for their share of future paving of the south side of Bethany Road and their participation came to the amount of $11,200. The Planning and Zoning Commission, at their regular meet- ing of March 22, 1984, recommended to the City Council that this request be approved as presented. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve the replat of Lot 5, Block A, Bethany Park Addition as presented and in accordance with the recommendations of the Planning and Zoning Commission, as stated. The motion carried. 0 ALLEN CITY COUNCIL April 5, 1984 Page 13 Approval of Final Plat: Kindercare Day Care Center on .539 Acres Location: Northeast Corner of F.M. 2170 and Fountain Park Drive Requester: Kindercare (Agenda Item VIII) Mr. Merdoc Smith, with Kindercare, presented to and spoke before the Council on the request for final plat approval for the Kindercare Day Care Center located at the northeast corner of F.M. 2170 and Fountain Park Drive. Mr. Smith reviewed the final plat showing the utility easements and fire lane easements on the property, the bound- aries of the property, etc. The Planning and Zoning Commission, at their regular meeting of March 22, 1984, recommended to the City Council approval of this request as presented. Bill Petty, Director of Community Development, spoke before the Council on the engineering of this development and the fact that this development will install off-site sewer facilities south of their property along Fountain Park Drive and turning back west along the north side of F.M. 2170 to the Taco Delite property and then extending back north to tie into the existing sewer facility. MOTION: Upon a motion made by Councilman Womack and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve the final plat for the Kindercare Day Care Center as presented and in accordance with the recom- mendation of the Planning and Zoning Commission, as stated. The motion carried. Resolution No. 505-4-84(R): A Resolution of the City Council, City of Allen, Committing to Reimburse Collin County for Consulting Work Performed to Prepare Alignment and Right -of -Way Maps for the Proposed State Highway 121 Freeway. (Agenda Item IX) Mayor Pierson provided some background information on the proposed resolution. He stated that city officials and county officials had appeared before the State Highway Department requesting that State Highway 121 be redesignated as an expressway in the 20 -year thoroughfare plan. The cities with frontage along S.H. 121 have agreed to set aside adequate right-of-way to accomodate that type of construction. Collin County is now ready to conduct a study and is requesting funds from participating cities. Allen's portion of the costs would be approximately $1,790.00, based on a linear footage along the roadway. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 6 - 0 to adopt Resolution No. 505-4-84(R) as captioned above. The motion carried. Approval of the Proposed Summer Recreation Program (Agenda Item X) Mark Thornton, Director of Parks and Recreation, presented to and spoke before the Council on the 1984 summer recreation programs which included day camp, playground and open gym. Mr. Thornton advised of the new programs and the differ- ences between these programs and the previous summer programs. 91 ALLEN CITY COUNCIL April 5, 1984 Page 14 Authorization for Reallocation of Revenue Sharing and Capital Budget Funds for the Animal Control Shelter (Agenda Item XI) Police Chief Richard Carroll spoke before the Council on the request to reallocate funds from the revenue sharing funds to the general operating fund. Chief Carroll explained that $13,974 had been allocated for improvements to the animal shelter with the use of revenue sharing funds. He had recently discovered that if revenue sharing funds are used for contract labor or construction then the project would fall under the Davis -Bacon Act. The city would have to operate under the Federal Labor Legislation. Therefore, he advised that city staff recommends the purchase of the police vehicles be made with the $13,974 from revenue sharing funds with the remainder coming out of the general operating fund. In addition, the animal shelter renovation project would be funded out of the general operating fund also. MOTION: Upon a motion made by Councilman Paxton and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve the request in accordance with the recommenda- tion of the city staff, as stated. The motion carried. Chief Carroll briefly discussed with the Council the new caring hands program. Discuss Saturday Pickup for SCA Services (Agenda Item XII -A) City Manager Jon McCarty advised the Council of the problems that have occurred with the collection of trash on Saturday by SCA Services and their request to eliminate the Saturday collection. By consensus, the Council agreed to eliminate the Saturday collection day, with city staff to work with SCA Services to work out the collection schedule to provide the citizens with the best service possible. 9" Approval of Proposed Summer Recreation Program (cont'd) (Agenda Item X) The Council discussed with Mr. Thornton the new overnight program for day camp, the ratio of children to teachers, and the liability protection of the city regarding these children. f The Allen Parks and Recreation Board, at a special - called meeting on March 27, 1984, recommended to the City Council that the proposed summer programs be approved and the fees for these programs be set at $40.00 per session per child for day camp and $5.00 per child for the playground program. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 6 - 0 to approve the 1964 summer recreation program as presented and in accordance with the recommendation of the Parks and Recreation Board, as stated. The motion carried. Mr. Thornton advised the Council of the date for the park dedication for the new Rolling Hills Park, located at Federal and the service road of U.S. 75, being on Saturday, April 14, 1984 at 12:00 noon. Authorization for Reallocation of Revenue Sharing and Capital Budget Funds for the Animal Control Shelter (Agenda Item XI) Police Chief Richard Carroll spoke before the Council on the request to reallocate funds from the revenue sharing funds to the general operating fund. Chief Carroll explained that $13,974 had been allocated for improvements to the animal shelter with the use of revenue sharing funds. He had recently discovered that if revenue sharing funds are used for contract labor or construction then the project would fall under the Davis -Bacon Act. The city would have to operate under the Federal Labor Legislation. Therefore, he advised that city staff recommends the purchase of the police vehicles be made with the $13,974 from revenue sharing funds with the remainder coming out of the general operating fund. In addition, the animal shelter renovation project would be funded out of the general operating fund also. MOTION: Upon a motion made by Councilman Paxton and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve the request in accordance with the recommenda- tion of the city staff, as stated. The motion carried. Chief Carroll briefly discussed with the Council the new caring hands program. Discuss Saturday Pickup for SCA Services (Agenda Item XII -A) City Manager Jon McCarty advised the Council of the problems that have occurred with the collection of trash on Saturday by SCA Services and their request to eliminate the Saturday collection. By consensus, the Council agreed to eliminate the Saturday collection day, with city staff to work with SCA Services to work out the collection schedule to provide the citizens with the best service possible. 9" ALLEN CITY COUNCIL April 5, 1984 General Discussion: Page 15 City Secretary Marty Hendrix advised the Council of the rescheduling of the Council's photograph to be held on Thursday, April 12, 1964. Adjournment MOTION: Upon a motion made by Councilman Womack and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 12:05 a.m. on Friday, April 6, 1984. The motion carried. These minutes approved on the 19th day of April 1984. IN I 1 1 1 a_,C� -1 Marty Hendrix, CITY SECRETARY M.