HomeMy WebLinkAboutMin - City Council - 1984 - 06/07 - RegularCITY OF ALLEN
ANNEXATION PUBLIC HEARING
JUNE 7, 1984
436.721 acres
Present:
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
Guests:
David R. Denison, Tomlin Properties
Ken Houston, Tomlin Properties
In accordance with Article 970(a), V.A.T.C.S., the public
hearing was called to order by City Manager Jon McCarty at
1:00 p.m. on Thursday, June 7, 1984, in the Council Chambers
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
City Manager Jon McCarty advised that the 436.721 acres
of land out of the James Wilcox Survey, Abstract No. 2027,
David Nix Survey, Abstract No. 668, and the Michael Lee Survey,
Abstract No. 543 of Collin County, had been requested to be
annexed into the Allen city limits by David R. Denison of
Tomlin Properties.
City Manager McCarty reviewed the location of the property,
being west of U. S. 75, north of Bethany Drive and east of Alma
Drive.
City Manager McCarty advised that the prepared service plan
for the 436.721 acres of land was available for public inspection.
City Manager McCarty opened the public hearing.
David R. Denison, with Tomlin Properties, spoke in regard
to this annexation request.
With no one else wishing to speak either for or against
this annexation request, City Manager McCarty closed the public
hearing.
The public hearing was adjourned at 1:10 p.m.
These minutes reviewed and approved on this the 7th
day of June , 1984.
Q
F.n
/� t Carty, MAMA SER
Marty Hendrix,5CITY SECRETARY '
155-
ALLEN CITY COUNCIL
Regular Session
JUNE 7, 1984
Present:
Don Rodenbaugh, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Jim Wolfe
Ward Paxton
Dennis Offutt
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
At 6:30 p.m. on Thursday, June 7, 1964, in the open -space
office area of the Allen Municipal Annex, One Butler Circle,
Allen, Texas, the City Council held an informal reception for
prospective board and commission members as well as the present
members of the boards and commissions in the city.
The regular session of the Allen City Council was called to
order by Mayor Rodenbaugh at 7:30 p.m. on Thursday, June 1, 1984,
in the Council Chambers of the Allen Municipal Annex, One Butler
Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item II)
MOTION: Upon a motion made by Councilman Offutt and seconded
by Councilman McClure, the Council voted 7 - 0 to
approve and adopt all items on the Consent Agenda as
recommended and as follows:
A. Approval of the City Council Minutes of May 17,
1984 - Regular Session.
B. Authorization to City Staff to pay bills associated
with the 1979 - 82 Capital Improvements Program
as follows:
1. Lemmon's TV Service $ 1,256.99
Contract No. FS 8023 - Construction
of Service Center/City Hall Annex -
Sound System for Council Chambers
2. C & W Electric Supply $ 18.76
Contract No. FS 8023 - Construction
of Service Center/City Hall Annex
3. Shimek, Jacobs & Finklea $ 1,750.31
Services through April 30, 1984 in
connection with report, plans and
specifications for Bank Protection
of Rowlett Creek near Cottonwood
Creek Sewer Crossing
4. Marquette Lease Services, Inc. $ 765.75
Contract No. 13216 - Lease/
Purchase of Telephone System for
Allen Municipal Annex - June, 1984
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ALLEN CITY COUNCIL Page 2
June 7, 1984
CONSENT AGENDA (cont -d) (Agenda Item II)
5. Ronald E. Fix and Associates $ 1,820.08
Contract No. 821004 - Construction
of Park Place Drive - Inspection &
Engineering Fees for Period 4/25/84-
5/25/84
6. Uvalde Construction Company $88,886.93
Contract No. 821004 -
Construction of Park Place
Drive - Payment No. 13
C. Set June 21, 1984, as Public Hearing Date on a Request
to Annex 167.4914 Acres of Land Located North of
F.M. 2170, West of U.S. 75 and East of Watters
Branch.
Ordinance No. 513-6-84: An Ordinance of the City of
Allen, Collin County, Texas, Annexing the Hereinafter -
Described Territory to the City of Allen, Texas
Approximately 14.273 Acres Located in the Simon
Burns Survey, Abstract No. 92, Collin County, Texas,
and Extending the Boundary Limits of the City so as
to Include Said Hereinafter -Described Property
within the City Limits and Granting to all Inhabitants
and Owners of Said Property all of the Rights and
Privileges of Other Citizens and Binding all Inhabitants
by all the Ordinances, Acts, Resolutions and
Regulations of Said City; Providing a Severability
Clause; and Providing for the Effective Date of
Said Ordinance.
The motion carried.
End of Consent Agenda
Tabled Item: Request to Establish
Permanent Zoning of
Zoning: Planned Development on
145± Acres
Location: West of U.S. 75 and South
of Shelby Drive
Reauestor: Charles Forbes
and
Ordinance No. 514-6-84: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Comprehensive Zoning
Ordinance No. 366-10-81 of the City
of Allen, as Heretofore Amended, so
as to Establish Permanent Zoning,
To -Wit: "PD" Planned Development
No. 24, on the Following -Described
Tract of Land: Approximately 144.98
Acres of Land, More or Less, Out of
the Jonathan Phillips Survey, Abstract
No. 719, and the G.W. Estes Survey,
Abstract No. 301, Collin County,
Texas; Providing for Use Regulations;
Providing for a Concept Land Use Plan;
Providing for a Penalty of Fine not
Exceed the Sum of One Thousand
Dollars ($1,000.00) for Each Offense;
Providing for a Severability Clause;
and Providing for the Effective Date.
of Said Ordinance.
(Agenda Item III)
MOTION: Upon a motion made by Councilman Womack and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0
to remove this item from the table. The motion carried.
ALLEN CITY COUNCIL Page 3
June 7, 1984
Tabled Item: Request to Establish
Permanent Zoning of
Planned Development
on 145± Acres
Requester: Charles Forbes (Agenda Item III)
and
Ordinance No. 514-6-84 (cont'd)
Ralph Kelman, with Environmental Space Design, spoke before
the Council on the revisions that had been made to this request
based upon discussions held at the City Council meeting of
May 17, 1984.
Mr. Kelman advised changes had been made on the floor
area ratio to reflect the floor area ratio in the Comprehensive
Zoning Ordinance, the land use regulations had been revised and
were more detailed, and the traffic impact for this development
and surrounding parcels had been further studied using the
new floor area ratios.
Bill Petty, Director of Community Development, advised
that the changes pointed out by Mr. Kelman had been incorporated
into the new packet information provided to the Council.
The Planning and Zoning Commission, at their regular meeting
of March 22, 1984, recommended to the City Council that this
request be approved with modifications at the time of platting
to interlink other roadways within the development to maintain
a traffic service level C on Shelby Drive.
The Council discussed the fact that the actual street
layout design can be considered at the time of platting, whether
those costs should be considered at this time, who would be
responsible for the costs of the streets, and a clarification
with Mr. Forbes that the developer would be responsible for
extra street widths if it is determined at the time of platting
that it would be necessary.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Offutt, the Council voted 7 - 0 to
approve this request in accordance with recommendation
of the Planning and Zoning Commission, as stated, with
the specification that if the City Council decides
that modification of the streets should be a requirement,
the developer will make the right-of-way available
and provide the funds for such improvements; and to
adopt Ordinance No. 514-6-84, as captioned previously.
The motion carried.
Consideration of a Request to Approve
a Final Site Plan by Marchant Custom
Homes (Agenda Item IV)
Mayor Rodenbaugh advised that the proponent on this
request had requested that this item be placed further down on
the agenda. Therefore, the Council would move on to the
next item and return to this request later in the meeting.
Approval of a Replat for Lots 7 & 8
Block K - Fountain Park East
Installment No. 1
Requester: D.G. Harris Company (Agenda Item V)
Greg Harris, with D.G. Harris Company, spoke before the
Council on this request to replat two single-family residential
lots located on Lots 7 and 8 Block K of the Fountain Park
East Addition.
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ALLEN CITY COUNCIL
June 7, 1984 Page 4
Approval of a Replat for Lots 7 & 8
Block K - Fountain Park East
Installment No. 1
Requestor: D.G. Harris Company (cont'd) (Agenda Item V)
Mr. Harris advised the Council that a survey error had
been made due to the wrong location of the property pins and
the house built on Lot 7 had been built over the property line
of Lot 8. The house on Lot 8 had been place correctly. This
error was only discovered during the closing of the property
when another survey had been done.
Mr. Harris is requesting that these two lots be replatted
so that all building set -back lines are proper and the only
remaining exception is that Lot 8 will be 330 square feet
smaller than the required 8,000 square feet in Planned Development
No. 1.
Mr. Harris passed around photographs of the homes showing
their location on the lots and the side yard between them.
Bill Petty, Director of Community Development, advised',the
Council that the set -backs would meet the zoning ordinance,
however, the one lot would be a substandard lot, being 330 feet
too small for the required square footage of a residential lot
in the planned development.
The Planning and Zoning Commission, at their regular
meeting of May 24,. 1984, recommended to the City Council approval
of the replat as submitted.
The Council briefly discussed this request and whether it
could have been handled by a variance request.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
approve this request for replat of Lots 7 & 8,
Block K, Fountain Park East Addition, in accordance
with the recommendations of the Planning and Zoning
Commission, as stated. The motion carried.
Public Hearing: Request to Establish
Permanent Zoning of
Zoning: Planned Development
on 898± Acres of Land
Location: South of Rowlett Road,
North of F.M. 2170,
and Adjacent to Rowlett
Creek and West Rowlett
Creek Branch
Requestors: Willard R. Baker -
John Green (Agenda Item VI -A)
Mayor Rodenbaugh read the request into the record as
follows:
"Public Hearing on a Request to Establish Permanent Zoning
of Planned Development on Approximately 898 Acres of Land
Located South of Rowlett Road, North of F.M. 2170, and
Adjacent to Rowlett Creek and West Rowlett Creek Branch."
Bob Harper, representing the Willard Baker Company, spoke
before the Council on this permanent zoning request of planned
development on 898± acres out of the Jesse A. Gough Survey,
Abstract No. 347, David M. Tucker Survey, Abstract No. 914,
James W. Parson Survey, Abstract No. 704 and the Alfred Slack
Survey, Abstract No. 854. Of the 898 acres of land in this
request for zoning, Mr. Baker owns 745..5 acres and Mr. John
Green owns 153.5 acres.
ALLEN CITY COUNCIL
June 7, 1989
Page 5
Public Hearing: Request to Establish
Permanent Zoning of
Planned Development
on 898± Acres
Requestor: Willard Baker
John Green (cont'd) (Agenda Item VI -A)
Mr. Harper handed out a list of the participants for the
presentation and a sheet showing densities of the acreage of
this development. He introduced the following individuals who
spoke before the Council on this request:
Willard R. Baker, owner of 795.5 acres of this proposed
zoning request.
John Green, owner of 153.5 acres of this proposed
zoning request.
Ed Proctor, with the land planning firm of Proctor and
Bowers, presented to and spoke before the Council on the land use
plan. Mr. Proctor advised of the location of the property and
the typography of the land. Using a color -coded land use plan,
Mr. Proctor reviewed the land use plan with the Council in
detail pointing out the flood plain areas; the thoroughfares
around and through the development; and the various zoning
districts of office, community facility, local retail, multi -family,
two-family residential, and single-family residential in varying
densities.
Mr. Proctor presented an artist rendering of the elevations
along McDermott Drive with landscaped berms, etc., and advised
of the additional right-of-way for the improvements to McDermott
(F.M. 21701 and that the proposed building set -backs along
McDermott would be 100' from the street.
Dave Pierson, the project engineer and a professional
engineer and a partner in the engineering firm of Acrey, Roberts,
& Pierson, presented to and spoke before the Council on the
plans for sewering of the property and an alternate plan for
sewering of the property, and explained in detail the work to
be done to the flood plain area.
Mr. Pierson presented an elevation of the flood plain
area and explained that it represented a cross section of the
single family detached that would be located adjacent to the
floodway area.
Dr. Michael A. Collins, the consulting engineer and professor
of Civil Engineering with S.M.U., spoke before the Council on the
methodology of the engineering on the flood plain and the
floodway areas.
Mr. Bob Harper then presented a large aerial photo of the
property and showing the proposed streets along the Rowlett
Creek area, the flood plain area, and the lack of disturbance to
the trees on the property and what will be maintained.
John DeShazo, author of the traffic impact study on this
project and a principal in the firm of DeShazo, Starek and Tang,
Engineers and Planners, spoke before the Council on the traffic
impact on the proposed development and then reviewed the street
widths and the needs to facilitate the traffic.
Bob Harper, with Willard R. Baker and Associates, spoke
before the Council on the concerns of the property owners in
this area, which included the prohibiting of development of the
flood plain area, the limitation of the commercial development
to 28 on this project, establish by percentage a mix of densities
on useable land, and establish restrictive covenants. At this
time, Mr. Baker advised that those covenants had been drafted up
and presented a copy of them to the Mayor.
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ALLEN CITY COUNCIL
June 7, 1984 Page 6
Public Hearing: Request to Establish
Permanent Zoning of
Planned Development
on 898± Acres
Requestor: Willard R. Baker
John Green (cont'd) (Agenda Item VI -A)
Mr. Harper then reviewed some of the specifics, those
being the 120' right-of-way for McDermott, the set -backs of
the buildings from McDermott and the use of landscaping and
berms along McDermott, and the drainage easements to protect
the trees.
Mr. Harper then went over what he felt were the assets to
the city in approving this request, which included the following:
1. The city gets a sewer line to service remaining
extraterritorial jurisdiction of Allen.
2. They want to preserve the natural beauty of Rowlett
Creek Corridor.
3. They are providing additional community facility
land donated to the city in the form of sites for
a school, park, fire station, and pocket park.
4. They are placing restrictive covenants governing
land uses and preservation of wooded areas.
5. They are taking extra care along McDermott, with
right-of-way, landscaping, and large set -backs.
6. They are reputable and responsible developers.
Mayor Rodenbaugh opened the public hearing.
The following individuals spoke before the Council
in favor of the request:
Carolyn Fitzgerald, partial owner of the Melton Tract,
located north of Rowlett Road.
Bill Whisenant, property owner of land located north
of Rowlett Road.
The following individuals spoke before the Council with
some concerns on this development:
Mary McDermott, daughter of Mrs. Margaret McDermott,
property owner south of F.M. 2170, advised the Council of their
concerns with this development and she introduced their team
of professionals that they had hired to try and understand the
impact of this development. The following individuals spoke before
the Council on the McDermotts' behalf:
Dr. Albert H. Halff, Chairman of the Board of Directors
of Albert H. Halff and Associates, an engineering firm, spoke
before the Council and advised that other associates of his firm
were also present to answer questions, those being Joe Novoa,
President, and David Morgan, Environmental Scientist.
(4100
Or. Halff provided the Council with a handout of a
diagram of the 100 year flood plain and spoke before the Council
on the history behind the development of the flood plain
areas in the city by the Corp of Engineers, the areas designated
as the flood plain areas and the floodway areas, and how development
on the flood plain areas will effect the Rowlett Creek area.
Dr. Halff expressed the concerns of the McDermotts and the need
for a flood plain area study for the Rowlett Creek area.
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ALLEN CITY COUNCIL
June 7, 1984
Page 7
Public Hearing: Request to Establish
Permanent Zoning of
Planned Development
on 898± Acres
Requestor: Willard R. Baker
John Green (cont'd) (Agenda Item VI -A)
f Mr. John Kricensky, Vice President of Peckham, Inc.,
which is a land planning firm, spoke before the Council on the
determination of circulation of traffic for this development, the
importance of the alignment of Alma Road in this development, and
the percentages of commercial and office development for this
proposed request.
Mr. Jim Harris, an attorney with Thompson and Knight
Law Firm, spoke before the Council on the restrictions on
density; restrictions for use regulations in the local retail
district so that offices cannot be built in that district; and
the inclusion of the flood plain plan and the drainage use
easements in the planned development use regulations.
Mrs. Margaret McDermott spoke before the Council on her
concerns of this proposed development especially on the flood
plain area and the high density of development and the need
for the flood plain study and lower density.
The following individuals spoke before the Council on the
proposed request:
Bill Woodfin, property owner north of Rowlett Road and
adjacent to Rowlett Creek, spoke before the Council on the
importance of the flood plain area and the problems he has seen in
that regard during 1982.
Dennis McDaniel, property owner north of Rowlett Road,
spoke in favor of the request.
Cindy Lammond, representing the Dabney Companies, who
owns property to the south of the proposed development, read a
letter to the Council from Samuel Dabney Ware, President of the
Dabney Companies, which spoke in favor of this request.
John Boyle, property owner to the north of Rowlett Road,
spoke before the Council on proposed improvements to Rowlett Road,
the density of this development, sewering of this development,
the flooding problems and the concern for the routing of Alma
Road.
Bob Willard, property owner to the south of F.M. 2170,
spoke before the Council in favor of the planned development.
Richard James, property owner south of F.M. 2170, spoke
before the Council regarding his concern for the sewer line of
this proposed development running through his property.
Steve Canall, Vice President of Utah Development,
spoke before the Council in favor of this planned development
and advised of their pending contract to purchase land south
of this development from the Dabney Companies.
With no one else wishing to speak either for or against
this request, Mayor Rodenbaugh closed the public hearing.
Mayor Rodenbaugh recessed the regular meeting of the Allen
City Council at 9:33 p.m. The meeting reconvened at 9:50 p.m.
The Council discussed the importance of the sewer routing
on this proposed development and the alignment of the thoroughfares.
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ALLEN CITY COUNCIL
June 7, 1984 Page 8
Public Hearing: Request to Establish
Permanent Zoning of
Planned Development
on 898± Acres
Requestor: Willard R. Baker
John Green (cont'd) (Agenda Item VI -A)
a City Manager Jon McCarty advised the Council of city staff's
work on the proposed routing of the sewer line and the thorough-
fare system per the Council's request from the meeting of
May 3, 1984.
Using a utility study map, Ernie Hoback, Director of Public
Works, presented to and spoke before the Council on the city
staff's recommendations for the size of the proposed sewer line,
the most appropriate location of that line, and the size of the
utility easement for installation and maintenance of that line.
Bill Petty, Director of Community Development, spoke before
the Council on the recently developed thoroughfare plan for
the City of Allen.
Mr. Petty presented the proposed thoroughfare plan and
reviewed it in detail with the Council, showing the alignments
for Alma Road, Bethany Road, McDermott Road, Hedgcoxe Road,
Carpenter Road, and Stacy Road, and advised the Council that this
was the city staff's recommendations on the alignment of the
thoroughfares on the west side of U.S. 75 for use until the
Comprehensive Plan is completed.
City Manager McCarty advised the Council that both the
presentation of the location of the sewer line and the thoroughfares
were the city staff's recommendations to be used in consideration
of the request before them on the planned development.
It was the general consensus of the City Council that
both of these recommendations will be used in consideration of the
request before them.
The Council discussed the percentage of density of commercial
development for this development.
Bill Petty, Director of Community Development, spoke before
the Council on the commercial development percentages and how
they were arrived at by the Planning and Zoning Commission.
The Planning and Zoning Commission, at their regular meeting
of March 22, 1984, recommended to the City Council approval
of this planned development request on the 898± acres of land
with minor modifications to the language in the use regulations
and a recommendation to maintain flexibility of the location of
the fire station location.
There was considerable discussion by the Council on the
SFD-4 (a) zoned property being too close to the flood plain
area; the use of fill in the flood plain area and how it
would affect the trees; the landscaping of the area of fill
along the flood plain area; the densities being too high; the
revisions that need to be made to the plan with the presentation
of the city staff's recommendations on Alma Road and the location
of the sewer line; sending this request back through the process;
retaining of the flood plain areas; the location of the fire station
near a school site; inclusion of the flood plain in the planned
development designation, i.e., FP -PD; and the limitation of
commercial development.
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ALLEN CITY COUNCIL
June 7, 1984
Page 9
Public Hearing: Request to Establish
Permanent Zoning of
Planned Development
on 898± Acres
Requester: Willard R. Baker
John Green (cont -d) (Agenda Item VI -A)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Wolfe, the Council voted five (5) for and
two (2) opposed, with Council Members Paxton and Offutt
casting the negatives votes, to table this request until
the Council Meeting of June 21, 1984. The motion carried.
Mayor Rodenbaugh recessed the regular session of the Allen
City Council at 11:20 p.m. The meeting reconvened at 11:38 p.m.
At this time Mayor Rodenbaugh returned to item IV on the
agenda.
Approval of a Final Site Plan - Oak
Roland Wright, representing Ken E. Marchant Custom Homes,
presented to and spoke before the Council on this request for
final site plan approval of the Oak Ridge Development, located
on 13.242 .acres of land out of the Peter Fisher Survey, Abstract
No. 324, being on the southwest corner of Exchange Boulevard and
Malone Road.
Mr. Wright advised the Council that they are proposing to
develop 78 single family lots, instead of the approved 106
townhouse lots; and to build single-family detached dwellings
with a minimum of 1200 square feet on lots of a minimum of
5,060 square feet as opposed to the approved 3300 square feet.
Mr. Wright presented a packet of information to the Council
which contained photographs of their custom homes, showing the
interiors and the exteriors.
Bill Petty, Director of Community Development, advised the
Council that this request met all of the Townhouse requirements,
because in the Comprehensive Zoning Ordinance, any use set out
in R-5 can be developed in this townhouse district. However,
this proposed development would not meet the open space
requirements for a townhouse development.
The Planning and Zoning Commission, at their regular meeting
of May 24, 1984, recommended to the City Council that this
request be approved as presented based on the facts that
townhouse zoning district regulations allow the use of a single
family detached dwelling, that custom homes adjacent to the
park and single family district would be more desirable, that
the number of homes was reduced from 106 to 78, thereby
satisfying some of the intent of the additional 4,000 square feet
of open space requirement in townhouse developments because of
its inclusion in the acreage of the park and its adjacent
location.
There was discussion by the Council on the development up
on this piece of property from townhouse to single-family
detached dwellings and the possibility of this happening again
in other planned developments.
IW
Ridge Development on
13.242 acres -
Zoning:
Townhouse (TH)
Location:
Southwest Corner of
Malone Road and
Exchange Blvd.
Requester:
Ken E. Marchant
Custom Homes (Agenda Item IV)
Roland Wright, representing Ken E. Marchant Custom Homes,
presented to and spoke before the Council on this request for
final site plan approval of the Oak Ridge Development, located
on 13.242 .acres of land out of the Peter Fisher Survey, Abstract
No. 324, being on the southwest corner of Exchange Boulevard and
Malone Road.
Mr. Wright advised the Council that they are proposing to
develop 78 single family lots, instead of the approved 106
townhouse lots; and to build single-family detached dwellings
with a minimum of 1200 square feet on lots of a minimum of
5,060 square feet as opposed to the approved 3300 square feet.
Mr. Wright presented a packet of information to the Council
which contained photographs of their custom homes, showing the
interiors and the exteriors.
Bill Petty, Director of Community Development, advised the
Council that this request met all of the Townhouse requirements,
because in the Comprehensive Zoning Ordinance, any use set out
in R-5 can be developed in this townhouse district. However,
this proposed development would not meet the open space
requirements for a townhouse development.
The Planning and Zoning Commission, at their regular meeting
of May 24, 1984, recommended to the City Council that this
request be approved as presented based on the facts that
townhouse zoning district regulations allow the use of a single
family detached dwelling, that custom homes adjacent to the
park and single family district would be more desirable, that
the number of homes was reduced from 106 to 78, thereby
satisfying some of the intent of the additional 4,000 square feet
of open space requirement in townhouse developments because of
its inclusion in the acreage of the park and its adjacent
location.
There was discussion by the Council on the development up
on this piece of property from townhouse to single-family
detached dwellings and the possibility of this happening again
in other planned developments.
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ALLEN CITY COUNCIL
June 7, 1984
Page 10
Approval of Final Site Plan -
Oak Ridge Development
13.242 Acres
Requestor: Ken E. Marchant
Custom Homes (cont'd) (Agenda Item IV)
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Wolfe, the Council voted 7 - 0 to
approve the final site plan for the Oak Ridge Development
on 13.242 acres for single-family detached dwellings in
accordance with the recommendation of the Planning and
Zoning Commission, as stated. The motion carried.
At this time, Mayor Rodenbaugh returned to item VI -B on the
Council's agenda.
Public Hearing: Request to Annex
436.721 Acres
Location: West of U.S. 75
North of Bethany
Drive, and East
of Alma Drive
Requestor: Tomlin Properties (Agenda Item VI -B)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing on a Request to Annex 436.721 Acres of
Land Located West of U.S. 75, North of Bethany Drive,
and East of Alma Drive."
City Manager Jon McCarty advised the Councilthat the
436.721 acres of land out of the James Wilcox Survey, Abstract
No. 2027, the David Nix Survey, Abstract No. 668, and the
Michael Lee Survey, Abstract No. 543 of Collin County, was
being requested to be annexed into the City of Allen by Tomlin
Properties. Mr. McCarty advised that the service plan had been
prepared and was available for public review.
City Manager McCarty advised the Council that in accordance
with State Law, the first public hearing was held by city staff
at 1:00 p.m. on Thursday, June 7, 1984. Minutes of those proceedings
had been furnished to the Council for their review. City Manager
McCarty briefly reviewed those minutes with the Council.
Ken Houston, representing Tomlin Properties, spoke before
the Council on this request for annexation of 436.721 acres.
Mayor Rodenbaugh opened the public hearing. No one appeared
to speak either for or against the annexation request. Mayor
Rodenbaugh closed the public hearing.
Mayor Rodenbaugh advised that no action would be taken on this
item at this time. The annexation ordinance would be presented
for adoption to the City Council at their regular meeting to be
held on Thursday, July 5, 1984.
Awarding of a Contract for Construction
Le of Bank Protection on Rowlett Creek at
the Cottonwood Creek Sewer Line Aerial.
(Agenda Item VII)
Ernie Hoback, Director of Public Works, advised the Council
of the specifications that were sent out to a list of bidders
for the construction of bank protection on Rowlett Creek at the
Cottonwood Creek Sewer Line Aerial Crossing, the bids that were
received, and the results of the bid opening.
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ALLEN CITY COUNCIL
June 7, 1984
Page 11
Awarding of Contract for Construction
of Bank Protection of Rowlett Creek
at the Cottonwood Creek Sewer Line
Aerial Crossing (cont'd) (Agenda Item VII)
The results of the bid opening were:
1. R. N. Thomas Construction Company $99,375.00
2. Craig Olden, Inc. $51,575.00
Mr. Hoback advised the Council that the city staff's
recommendation was to award the bid to the low bidder, being
Craig Olden, Inc., of Frisco, Texas.
The Council briefly discussed the receipt of bids and when
the project will be started.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 7 - 0 to
approve the award of the contract for construction of
bank protection on Rowlett Creek at the Cottonwood
Creek Sewer Line Aerial Crossing to Craig Olden, Inc.,
of Frisco, Texas, in the amount of $51,575.00, in
accordance with the city staff's recommendation, as
stated. The motion carried.
Ordinance No. 515-6-84: An Ordinance
of the City of Allen, Collin County,
Texas, Changing the Name of a Portion
of Allen Heights Drive, Particularly
that Portion Located from its Inter-
section with the Realignment of
Proposed Allen Heights Drive as
Partially Platted but Unnamed, from
Allen Heights Drive to "Hillside Lane";
Amending all Ordinances or Portions of
Ordinances in Conflict Herewith; and
Providing for an Effective Date. (Agenda Item VIII)
City Manager Jon McCarty advised the Council of the proposed
ordinance to change the name of the old portion of Allen Heights
Drive, which is located from its intersection with F.M. 2170
to its intersection with the realignment of the new Allen Heights
Drive, to Hillside Lane in order to eliminate the duplication
of street names. Using the thoroughfare map, Mr. McCarty showed
the Council the location of this street.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Offutt, the Council voted 7 - 0 to approve
and adopt Ordinance No. 515-6-84 as captioned above.
The motion carried.
Ordinance No. 516-6-84: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Article V, Section
5.05 "Penalty" of Comprehensive
Zoning Ordinance No. 366-10-81
�J by Providing for a Penalty not to
Exceed the Sum of $1,000.00 for
Each Offense; Providing for Readoption;
Providing for an Effective Date; and
Providing for Publication of the
Caption. (Agenda Item IX)
and
Ordinance No. 517-6-84: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Section Three of
Ordinance No. 260, Section 4 of
Planned Development Ordinance NOS.
ALLEN CITY COUNCIL
June 7, 1984
Ordinance No. 517-6-84
(cont'd)
367-10-81, 369-10-81, 370-10-81,
371-10-81, 372-10-81, 373-10-81,
Section 5 of Planned Development
Ordinance Nos. 368-10-81 and
495-3-84, Section 6 of Planned
Development Nos. 449-8-83,
457-9-83, 458-9-83, 465-10-83,
471-11-83, 472-11-83, 503-4-84,
504-4-84, 509-5-84, and Section
7 of Planned Development Ordinance
Nos. 442-6-83, 459-9-83, 481-12-83,
501-4-84, 507-5-84, By Providing
for a Penalty not to Exceed the
Sum of $1,000.00 for Each Offense;
Providing for Readoption; Providing
for an Effective Date; and Providing
for Publication of the Caption.
Bill Petty, Director of Community
Council on the state legislation which
municipalities to increase their fines
from $200.00 for each offense to $1,000
Page 12
(Agenda Item IX)
Development, updated the
was approved to allow
on most Class C misdemeanors
.00 for each offense.
Mr. Petty advised the Council that from an enforcement view
point it is certainly more advantageous for the city to be in a
position to impose a greater leverage of fine to enforce its
ordinances. Therefore, this higher fine had been incorporated
into all the zoning ordinances to date with the two proposed
ordinances, one which amended the comprehensive zoning ordinance
and the other ordinance amending all of the other zoning
ordinances now in effect.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Womack, the Council voted 7 - 0 to
approve and adopt Ordinances No. 516-6-84 and 517-6-84
as captioned previously. The motion carried.
Ordinance No. 518-6-84: An Ordinance
of the City of Allen, Texas, Subdivision
Regulations Ordinance No. 273 as
Heretofore Amended by Amending
Section 5.04 (1) (2) (3); Further
Amending the City of Allen Subdivision
Regulations Ordinance No. 273, Section
5.05 Providing for Readoption;
Providing for the Publication of the
Caption Hereof; and Providing for an
Effective Date. (Agenda Item IX -B)
Bill Petty, Director of Community Development, presented to
and spoke before the Council on the proposed ordinance changing
the filing fees and charge schedule of the Subdivision Ordinance
and revising the penalty clause of that ordinance.
Mr. Petty advised the Council that the increased fees were
needed to offset the costs for engineering review and the
city's inspections on streets and storm drainage.
Mr. Petty provided the Council with a handout showing
five developments in the city, the present fees collected on that
development, the engineering review costs, projected inspection
costs, and expenditures above the fees. Mr. Petty explained
this was an example for the need for the increase in fees to cover
those costs.
U
ALLEN CITY COUNCIL
June 7, 1984
Page 13
Ordinance No. 518-6-84
(cont'd) (Agenda Item IX -B)
Mr. Petty reviewed all of the new proposed fees with
the Council.
The Council briefly discussed the fees proposed, the need
for the increase, and the fact that the city should watch that
it doesn't constantly expand its service and exceed the budget
and then have to raise the fees again.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 7 - 0 to
approve and adopt Ordinance No. 518-6-84, as captioned
above. The motion carried.
Ordinance No. 519-6-84: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Section II of Ordinance
290 of the City of Allen, Texas by
Adopting: The 1982 Edition of the
Standard Building Code of the Southern
Building Code Congress International,
as Amended, Including the 1983 and
Future Amendments; the 1982 Edition of
the Standard Gas Code of the Southern
Building Code Congress International,
and Future Amendments Thereto; The
1981 Edition of the National Electrical
Code of the National Fire Protection
Association; The 1982 Edition of the
Standard Plumbing Code of the Southern
Building Code Congress International
and all Future Amendments Thereto;
The 1982 Edition of the Southern
Mechanical Code of the Southern
Building Code Congress International
and Future Amendments Thereto; and,
the 1983 Edition of the Cabo One and
Two Family Dwelling Code of the
Council of American Building Officials
and Future Amendments Thereto; Further
Amending Ordinance No. 186 by Repealing
Section I and Changing Certain
Language Contained in Section II;
and Further Amending Ordinance 290
of the City of Allen, Texas, by
Adopting a New Fee Schedule for
Repairs, Construction, and Removal of
Structures Under Section IV Thereof;
Providing a Severability Clause;
Providing a Penalty for Violation of
this Ordinance; Providing for
Readoption; Providing for the
Publication of the Caption Hereof; and
Providing for an Effective Date. (Agenda Item IX -C)
and
Ordinance No. 520-6-89: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Section II of Ordinance
317 by Adopting the 1981 Edition of the
National Electrical Code of the
National Fire Protection Association
and Future Amendments Thereto; Further
Amending Ordinance No. 317 of the
City of Allen, by Increasing Penalties
for Violation of the Ordinance;
ALLEN CITY COUNCIL
June 7, 1984
Page 14
Ordinance No. 520-6-84
(cont'd) (Agenda Item IX -C)
Further Amending the Allen Electrical
Code Described in Exhibit A-1 and
Attached to and Made a Part of City
of Allen Ordinance No. 317; Providing
for Readoption; Providing for
Publication of the Caption Hereof; and
Providing for an Effective Date.
Bill Petty, Director of Community Development, presented
to and spoke before the Council on the proposed ordinance to
update the city's codes by adopting the 1982 Edition of the
Standard Building Code of the Southern Building Code
Congress International, the 1982 Gas Code, the 1981 Electrical
Code, the 1982 Plumbing Code, and the 1982 Mechanical Code.
Mr. Petty advised that city staff is also recommending the
adoption of an additional code, that being the 1983 Edition of the
CABO One and Two Family Dwelling Code of the Council of
American Building Officials.
Mr. Petty then reviewed with the Council the particular
proposed amendments to those codes, those being the location
of wood studs in supporting walls, automatic sprinkler system
for high rise office buildings as well as mercantile buildings
that exceed 12,000 square feet.
The Council discussed with Mr. Petty the definition of
a mercantile building, the fact that the adoption of the
new codes and amendments will pertain to new construction,
and the opposition in some cities of automatic sprinkler systems
in high rise buildings and mercantile buildings.
Mr. Petty then advised the Council that the city staff
was also proposing a revision in the permit fees and provided
a handout to the Council showing the existing permit fees and
reviewed them with the new proposed fees. Mr. Petty also
provided the Council with the building permit fees from various
cities for comparison with the new proposed fees.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted 7 - 0 to
approve and adopt Ordinance No. 519-6-84, as captioned
previously. The motion carried.
Mr. Petty then presented to and spoke before the Council
on the proposed ordinance that would adopt the 1981 Edition
of the National Electrical Code. Mr. Petty advised the Council
of some minor word changes to be made in the amendments and
some other areas that would be changed.
The Council briefly discussed with Mr. Petty the dropping
of the requirements for fire detectors being on a separate
circuit and the use of aluminum wire in construction.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to approve
and adopt Ordinance No. 520-6-84, as captioned
previously. The motion carried.
Authorization to City Staff to
Take Actions Related to the
Main Street Project (Agenda Item X)
City Manager Jon McCarty advised the Council that the city
is now ready to proceed with working up a detailed action plan
for the improvements to Main Street which will involve the
scheduling of meetings with representatives of the State
Department of Highways and Public Transportation.
110
ALLEN CITY COUNCIL
June 7, 1984
Page 15
Authorization to City Staff to
Take Actions Related to the
Main Street Project (cont'd) (Agenda Item X)
Mr. McCarty also stated that concurrent with the development
of the action plan, it is necessary to develop a survey of the
F center line and the right-of-way that needs to be acquired. In
addition, property appraisals are needed for the properties
fronting on McDermott Drive.
Mr. McCarty advised the Council that it was the city staff's
recommendation that the Council authorize the employment of an
engineering/survey firm to complete a right-of-way study of the
Main Street Project along the McDermott route and authorize staff
to contract with an appraisal firm to appraise the owner -occupied
homes on the south side of McDermott Drive just east of
Allen Drive.
The Council discussed with the City Manager if there were
any anticipated problems with the effected property owners
allowing surveyors on their property and if the city will be
giving adequate notice of what they will be doing.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Paxton, the Council voted 7 - 0 to
authorize the city staff to proceed with the employment
of an engineering/survey firm to complete a right-of-way
study of the Main Street Project along the McDermott
route; and to authorize the city staff to contract with
an appraisal firm to appraise the owner -occupied homes
on the south side of McDermott Drive just east of
Allen Drive in accordance with the recommendation of
city staff, as stated. The motion carried.
Review Financial Information and
Contract Document Related to the
NTMWD Wilson Creek Plant and Inter-
ceptor System and Authorize a Rate
Study (Agenda Item XI)
Mayor Rodenbaugh advised the Council that the City
Manager had intended to review some of the financial information
and the contract document related to the North Texas Municipal
Water District's Wilson Creek Plant and the interceptor
system. However, due to the lateness of the evening, Mayor
Rodenbaugh advised the Council to review that information in
their Council packets.
Mayor Rodenbaugh advised the Council that a meeting on
this information and the contract was being held on Thursday,
June 14, 1984 at 7:30 p.m. in a meeting room at the Richardson
Civic Center and the Council needed to send some representatives
to attend that meeting.
Mayor Rodenbaugh requested volunteers from the Council
to attend that meeting. Councilman Rex Womack and Councilman
Jim Wolfe advised that they would attend the meeting with the
City Manager.
This item was received as a matter of information. There
was no action taken on this item.
Approve Council's Employees Evaluations
and Merit Pay (Agenda Item XII)
Mayor Rodenbaugh advised the Council that per the discussions
held in Executive Session on May 3, 1984, the Council committee
conducted the merit interviews with the Council -appointed employees
on Wednesday, May 9, 1984, and gave merit pay to those employees
at that time.
/%/
ALLEN CITY COUNCIL
June 7, 1984 Page 16
Approve Council's Employees Evaluations
and Merit Pay (cont'd) (Agenda Item XII)
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Womack, the Council voted 7 - 0 to
approve the Council -appointed employees evaluations
and merit pay as discussed and presented to those
employees. The motion carried.
Appointments to Boards
and Commissions (Agenda Item XIII -A)
City Secretary Marty Hendrix advised the Council of the
success of the reception held before the Council meeting for
prospective members to the city's boards and commissions and
for the present members to those boards and commissions.
Ms. Hendrix advised the Council that she had received
data sheets from all of the present members of the boards and
commissions with expiring terms of office, requesting that
they be reappointed and four new data sheets from interested
residents.
Ms. Hendrix advised the Council that the new information
and data sheets would be provided to the Council for their use
at the next regular Council meeting and that an executive session
would be scheduled for consideration of those appointments.
This item was received as a matter of information. There
was no action taken on this item.
Items Related to Lone
Star Gas Company
(Agenda Item XIII -B)
City Manager Jon McCarty advised the Council of some new
charges that have been filed with the city from Lone Star Gas
Company. One of the charges includes the cost to developers
for the installation of service lines and the other one is that
they can charge $15.00 for gas audits of the residential homes.
City Manager Jon McCarty advised the Council that the city
can take action to intervene as in a rate case. However, the
city staff is recommending that the city take no action in this
particular situation because these new charges do not effect the
residential rates. Gas customers that request these particular
services will be paying for these special services.
This item was received as a matter of information. There
was no action taken on this item.
Southwestern Bell Service
(Agenda Item XIII -C)
City Manager McCarty reminded the Council that they had
requested that the city staff make contact with Southwestern Bell
to see if improvements can be made to the quality of the phone
System in Allen. He pointed out that Councilman Wolfe had a
very strong interest in that also and has done some independent
research to try and help with this effort.
Councilman Wolfe handed out to the Council a questionnaire
containing 75 questions that would be sent to Southwestern Bell
for their reply. This questionnaire had been prepared by
Councilman Wolfe with the help of some telecommunications engineers
who were familiar with the workings of Southwestern Bell and
knew what type of questions needed to be asked in regard to the
type of service the City of Allen is receiving.
Councilman Wolfe advised the Council to look over this
questionnaire and contact him if there are any questions or additions
that need to be made.
ALLEN CITY COUNCIL
June 7, 1984
Page 17
Southwestern Bell Service
Update (cont'd)
(Agenda Item XIII -C)
City Manager McCarty advised the Council that he would
prepare a letter and attach the questionnaire and send it to
Southwestern Bell in hopes of obtaining a response, with a
copy to the Public Utilities Commission.
This item was received as a matter of information. There
was no action taken on this item.
General Discussion
Mayor Rodenbaugh advised the Council that he would like to
have a resolution brought forth on the next Council agenda for
consideration of the adoption of the proposed thoroughfare plan
for the interim period until the Comprehensive Plan is completed.
Councilman Womack requested that the city staff look at the
Comprehensive Zoning Ordinance and see what it would take to
amend the ordinance to increase the dwelling size to 2,500 feet
minimum in R-2 zoning district.
Adjournment
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council
at 1:05 a.m. on Friday, June 8, 1984. The motion carried.
These minutes approved on the 21st day of June
1984.
W
Marty Hendrix CITY SECRETARY
n3