HomeMy WebLinkAboutMin - City Council - 1984 - 10/18 - RegularCITY OF ALLEN
ANNEXATION PUBLIC HEARING
OCTOBER 18, 1984
97.96 acres
Present:
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
Guest:
Michael H. Wallace, Freedom Financial Corporation
1907 Elm Street
Dallas, Texas 75221
In accordance with Article 970(a), V.A.T.C.S., the public
hearing was called to order by City Manager Jon McCarty at
1:30 p.m. on Thursday, October 18, 1984, in the Council Chambers
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
City Manager Jon McCarty advised that the 97.96 acres of
land out of the Witsaul Fisher Survey, Abstract No. 323,
Collin County, Texas, had been requested to be annexed into
the Allen city limits by Freedom Financial Corporation.
City Manager McCarty reviewed the location of the property,
being at the northeast corner of the intersection of Malone
Road and F.M. 2170.
City Manager McCarty advised that the prepared service plan
for the 97.96 acres was available for public review.
City Manager Jon McCarty opened the public hearing.
Michael H. Wallace, representing Freedom Financial Corporation,
spoke on behalf of the 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 1:40 p.m.
These minutes reviewed and approved on this the 18th day
of October, 1984.
on M a y' C 1P.NAG
1 �aAft4_
Marty Hendrix, ITY SECRETARY ]'
.Z12
CITY OF ALLEN
ANNEXATION PUBLIC HEARING
OCTOBER 18, 1984
583.39 acres
Present:
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
Guests:
There were 11 individuals present at the public hearing from
the Buckingham Polo Club Estates, located east of State Highway 5,
north of Exchange Boulevard and south of Stacy Road.
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, October 18, 1984, in the Council Chambers
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
City Manager Jon McCarty advised all individuals present
that this was the first public hearing to be held on this
unilateral annexation of approximately 583.39 acres of land
located in 39 parcels in twelve difference tracts out of
various surveys and abstracts in Collin County, Texas. He
stated that the second public hearing would be held at 7:30 p.m.
on 0ctober 18, 1984, in the Council Chambers, by the Allen City
Council.
Using a large map, City Manager Jon McCarty pointed out
the existing corporate city limits of Allen, advised of the
city's extraterritorial jurisdiction and showed the boundaries
on the map, and reviewed the locations of the twelve tracts of
land containing the 39 parcels of approximately 583.39 acres
of land being considered for annexation into the city limits.
Mr. McCarty then advised of the two methods for annexing
property into the city limits and advised of the publication
of the public hearing notices in the newspaper.
City Manager McCarty advised that the prepared service plan
for these twelve tracts of land had been prepared and was available
for public review.
City Manager McCarty stated for the record that a letter
had been received from Wyonne Robertson, Route 1, Allen, Texas
75002, regarding the proposed annexations. (See Attachment No. 1)
City Manager Jon McCarty opened the public hearing.
The following individuals spoke in regard to these proposed
annexations:
Larry Wilkins, property owner at Buckingham Polo Estates,
asked who initiated this annexation request; asked if
the city was aware of the deed restrictions tied to
this property; and advised that he and other property
owners in that area were opposed to the annexation of
their property unless the city recognized those deed
restrictions and approved them along with the annexation
of this property. Mr. Wilkins presented the City Manager
with a copy of those deed restrictions. (See Attachment
No. 2)
Val Wilkins, property owner at Buckingham Polo Estates,
asked what benefits the property owners would receive
by being annexed into the city and why this area was
not in the Allen Independent School District and what
the city could do to put them in the Allen Independent
School District.
3aS
CITY OF ALLEN
ANNEXATION PUBLIC HEARING - 583.39 Acres
OCTOBER 18, 1984 Page 2
Robin Russell, property owner in the Buckingham
Polo Estates, asked about the zoning process on
this property by the city and when the annexation
would be official.
R. M. White, Route 3, Box 275, Kemp, Texas 75143,
and property owner at Buckingham Polo Estates, asked
questions about the deed restrictions on this property
and how it compared to zoning and if the deed
restrictions would stand above the zoning of the
property.
An unidentified lady asked who was contacted regarding
this public hearing in the Buckingham Polo Estates.
William T. Dyer, 7608 Carta Valley Drive, Dallas,
Texas 75248, and a property owner in the Buckingham
Polo Estates, advised that he was willing to accept
the annexation with the provision that the current
deed restrictions are observed.
With no one else wishing to speak either for or against this
annexation request, City Manager Jon McCarty closed the public
hearing.
The public hearing was adjourned at 1:28 p.m.
These minutes reviewed and approved on this the 18th day of
October, 1984.
Jn M Carty, CITY MANAGE
C ' /
Marty Hendrix, kITY SECRETARY
ALLEN CITY COUNCIL
REGULAR SESSION
[ihZ3TZ37t�:)LL•I:EI
Present:
t Donald P. Rodenbaugh, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Jim Wolfe
Ward Paxton
Gary Koch
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was called
to order by Mayor Rodenbaugh at 7:30 p.m. on Thursday,
October 18, 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 McClure and seconded
by Councilman Koch, 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 October 4,
1984 - Regular Session.
B. Authorize the city staff to pay bills associated
with the 1979 - 82 Capital Improvements Program
as follows:
Marquette Lease Services, Inc. $765.75
Contract No. 13216 - Lease/
Purchase of Telephone System
for Allen Municipal Annex -
October, 1984
C. Resolution No. 552-10-84(R): A Resolution of the
City Council of the City of Allen, Collin County,
Texas, Authorizing an Adjustment to the 1983 Tax
Roll.
Resolution No. 553-10-84(R): A Resolution by 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.
Schedule of Taxes Receivable as of August lst
thru September 30, 1984.
D. Consolidated Summary of Activities of the Allen
Police Department as of September, 1964, and for
the Third Quarter of 1984, July thru September.
ALLEN CITY COUNCIL
October 18, 1984
Page 2
CONSENT AGENDA (cont'd) (Agenda Item II)
E. Ordinance No. 554-10-84: An Ordinance of
the City of Allen, Collin County, Texas
Annexing the Hereinafter -Described Territory
t to the City of Allen, Texas, Approximately
41.628 Acres Located in the William Snider
Survey, Abstract No. 821, 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.
F. Set November 15, 1984 as Public Hearing Date
on a Request for Site Plan Approval for a
Shopping Center Development on 3.217± Acres
Located at the Southeast Corner of Bethany
Road and S.H. 5, as requested by tgma, inc.
G. Set November 15, 1984 as Public Hearing Date
on a Request to Approve a Site Plan for Mazzio's
Pizza on One Acre of Land Located Adjacent to
and North of F.M. 2170 and West of Fountain Park
Drive, as requested by Mazzio's Pizza.
Set November 1, 1984 as Public Hearings Date
on a Request to Annex 293.168 Acres of Land
Located North of Hedgecoxe Road, South of F.M. 2170,
and West of Alma Road and the Disannexation of
an Approximate 10' Strip Along a Portion of
Old Hedgecoxe Road.
The motion carried.
End of Consent Agenda
Public Hearing: Proposed Water and
Sewer Rate Increase (Agenda Item III -A)
and
Ordinance No.
555-10-84: An Ordinance
of the City of
Allen, Texas, Repealing
Ordinance No.
411-9-82 and All Previous
Ordinances in
Conflict; Providing for
the Rates to be Charged for Water and
Sewer Service;
Providing for Collection
of Such Rates;
Providing for the
Disconnection
of Service; Providing
for Water and
Sewer Tap Rates; Providing
for. Penalty of
Violation of this Ordinance;
Providing for
a Deposit Fee, and Interest
Thereon; Providing
for Temporary Water
and Sewer Connection
Fee; Providing for
a Meter Setting
Charge; and Providing
for a Penalty
Clause, a Severability
Clause and an
Effective Date.
ALLEN CITY COUNCIL
October 18, 1984 Page 3
Public Hearing: Proposed Water and
Sewer Rate Increase
and
Ordinance No. 555-10-84 (cont'd) (Agenda Item III -A)
City Manager Jon McCarty provided an overview on the work
on the water and sewer rate study, advised of the rate increase
from the North Texas Municipal Water District (NTMWD) for the
purchase of water, the work in progress on the new Wilson Creek
Wastewater Treatment Plant and the costs to be incurred by the
city for that facility, and the use of the consultant and his work
on the proposed water and sewer rate increases.
Lewis F. McLain, Municipal Finance Consultant, spoke before
the Council on his recent work and provided a brief synopsis
of his final report and recommendation.
Mr. McLain advised that a flat rate alternative had been
recommended, with a overall increase of 18.018. The minimum
bill would be $5.85 for 1,500 gallons of water and the
larger consumption rate would be $1.78 per 1,000 gallons.
The minimum monthly sewer charge for all users would be $7.65.
The Council discussed with Mr. McLain the rate paid for
water to the NTMWD in the last fiscal year and the new proposed
rate to be paid in this fiscal year; the rate per 1,000 gallons,
the proposed increase in capital recovery fees, the 18.018
proposed increase in the rate increase being higher than the
proposed 118 increase from NTMWD; and how the distribution of
water for the various classes was determined, and the effect of
the higher rates on the larger consumption users.
Mayor Rodenbaugh opened the public hearing.
330
The following individuals spoke before the Council in
regards to the proposed water and sewer rate increase and/or
asked questions pertaining thereto:
Richard Ellis, 907 Cypress
Leo Sagier, Hanover Drive
Janet Shelton, 815 Springbrook
Terry Shelton, 815 Springbrook
Harold Weaver, 557 Northridge Drive
Gay Neusspell, Allen Heights Drive
Tom Blyth, 809 Springbrook Drive
Mayor Rodenbaugh closed the public hearing.
Coe
There was lengthy discussion by the City Council on the
proposed rate increase of the flat rate, this increase being
more of a sewer rate increase than a water rate increase,
increasing the rates so high on the larger consumer, that the
water won't be used, the need to conserve water, the status of
the second delivery point, the condition of the water system
in the city, the consideration of the growth factor in the
rate increase, consideration for a new rate alternative and
postponing action on this item.
Brent Lewis, Finance Director, presented to the Council the
proposed ordinance reflecting the water and sewer rates and
advised of several changes made in the draft ordinance. Mr. Lewis
reviewed those changes with the Council.
330
ALLEN CITY COUNCIL
October 18, 1984
Page 4
Public Hearing: Proposed Water &
Sewer Rate Increase
and
Ordinance No. 555-10-84 (cont'd) (Agenda Item III -A)
City Manager Jon McCarty advised the Council that the city
staff's recommendation was to adopt the ordinance as presented.
MOTION: A motion was made by Councilman Paxton that the
proposed ordinance be sent back and that a new
ordinance be prepared that is structured around a
graduated declining rate, with the maximum rate being
about 85C for the larger quantity users, an adjustment
in the center rates so that the center user has an
increase near 158, minimum rate being increased about
188, and the lower user having a less than 188 increase.
The motion was seconded by Councilman Koch.
The Council voted three (3) for and four (4) opposed,
with Council Members Wolfe, Womack, McClure, and Mayor
Rodenbaugh casting the negative votes. The motion
failed.
MOTION: A motion was made by Councilman Paxton that action
on this item be delayed until the next regular
Council meeting and that the city staff bring back to
the Council some new rate alternatives and at least
one rate alternative that isn't quite so radical
at the end of the distribution.
The motion died due to the lack of a second.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted four (4)
for and three (3) opposed, with Mayor Pro Tem Farmer,
and Council Members Paxton and Koch casting the
negative votes, to approve and adopt Ordinance No.
555-10-84 as presented and with the proposed changes
as reviewed by city staff. The motion carried.
Mayor Rodenbaugh recessed the regular session of the
Allen City Council at 10:00 p.m. The regular session reconvened
at 10:25 p.m.
(Agenda Item III -B)
331
Public Hearing: Request to Rezone
50± Acres of Land
Zoning: From R-2 (Residential)
to R-5 (Residential)
Location: West of Timberbend
Addition, South of
Reed Park, and East of
Fountain Park V
Requester: Bass Development.
Steve Goodman
and
Ordinance No. 556-10-84: An Ordinance
of the City of Allen, Collin County,
Texas, Amending the Comprehensive
Zoning Ordinance of the City of Allen,
as Heretofore Amended, so as to Change
the Following -Described Tract of Land
From the Current Zoning District
Classification of "R-2" Residential
to "R-5" Residential District
Classification, Said Tract of Land Being
(Agenda Item III -B)
331
ALLEN CITY COUNCIL
October 18, 1984
Page 5
Resolution No. 557-10-84: A Resolution
of the City Council of the City of Allen,
Collin County, Texas Adopting Certain
Voluntary Deed Restrictions on Approximately
49.883 Acres of Land Located West of
Timberbend Addition, South of Reed Park,
and East of the Fountain Park Addition,
and Providing the City of Allen the
Authority to Withhold Certificates of
Occupancy Necessary for the Lawful Use
of the Property Until Such Restrictions
are Fully Complied With.
Public Hearing: Request to Rezone
50± Acres from R-2
to R-5 (Residential) (Agenda Item III -B)
and
Ordinance No. 556-10-84 and
Resolution No. 557-10-84(R) (cont'd)
Described as Follows: Approximately
49.883 Acres, More or Less, Out of the
Peter Fisher Survey, Abstract No. 324,
Collin County, Texas; Providing for a
Penalty of Fine not to Exceed the Sum
of One Thousand Dollars ($1,000.00) for
Each Offense; Providing an Effective Date
of this Ordinance; and Providing for the
Publication of the Caption Hereof.
and
Resolution No. 557-10-84: A Resolution
of the City Council of the City of Allen,
Collin County, Texas Adopting Certain
Voluntary Deed Restrictions on Approximately
49.883 Acres of Land Located West of
Timberbend Addition, South of Reed Park,
and East of the Fountain Park Addition,
and Providing the City of Allen the
Authority to Withhold Certificates of
Occupancy Necessary for the Lawful Use
of the Property Until Such Restrictions
are Fully Complied With.
33;1-
Mayor Rodenbaugh read the request into the record as
follows:
"Public Hearing to consider a request to rezone approximately
50 Acres of Land from R-2 (Residential) to R-5
(Residential) located west of the Timberbend Addition,
south of Reed Park, and east of Fountain Park V."
Before consideration of this item, Councilman Rex Womack
advised the Council that he would be abstaining from the
consideration of this item due to a possible conflict of interest.
The City Secretary advised the Council that the appropriate
conflict of interest statement had been filed with her office.
Councilman Womack stepped down from the bench.
Don Bass, with. Bass Development and representing the
property owner, Steve Goodman, presented to and spoke before
the Council on this request to rezone the approximately 50
acres of land out of the Peter Fisher Survey, Abstract No. 324,
Collin County, Texas.
Using a map, Mr. Bass reviewed the location of the property
with the Council and advised of the requested zoning change and
pointed out the various zoning districts in the tracts located
4100,
adjacent to this development..
Mr. Bass stated that this request consisted of R-5
(Residential) zoning with deed restrictions to provide for
minimum of 1,600 square feet of living area. There would
be a total of 180 lots within this area to be known as
Fountain Park No. 7. Mr. Bass stated that this proposed zoning
would be consistent with the surrounding developments.
33;1-
ALLEN CITY COUNCIL
October 18, 1984
Page 6
Public Hearing: Request to Rezone
50± Acres from R-2
to R-5 (Residential) (Agenda Item III -B)
and
Ordinance No. 556-10-84 and
Resolution No. 557-10-84(R) (cont'd)
Mr. Bass then reviewed the thoroughfares to and within
this development and the problem existing with the drainage in
this area and the work to be done to resolve the extensive
amount of storm drainage for the area.
The Council discussed with city staff the lot sizes and
house sizes in the various zoning districts of the city, the
lot and house sizes of the adjacent developments, and this
development having to meet all of the other requirements of
the R-5 zoning district in the comprehensive zoning ordinance.
Bill Petty, Director of Community Development, spoke before
the Council on this request and advised that this was strictly
a zoning request for an R-5 zoning district, which was a 7500
sq. ft. minimum lot size and a 1600 sq. ft. minimum house size,
and that it would have to meet all other requirements of an
R-5 zoning district. The approval of this request would not
be for the concept plan, just the zoning of this development.
The Planning and Zoning Commission, at their regular meeting
of September 13, 1984, recommended to the City Council that this
request be approved as presented.
Mayor Rodenbaugh opened the public hearing.
The following individual asked questions pertaining to
this request.
Gay Nuesspell, Allen Heights Drive
With no one else wishing to speak either for or against
this rezoning request, Mayor Rodenbaugh closed the public hearing.
The Council discussed with Mr. Bass the need for larger
lot sizes, changing of the house sizes to reflect that 508 of
this development be a minimum house size of 1600 sq. ft.;
258 of this development be a minimum house size of 1800 sq. ft.;
and 258 of this development be a minimum house size of 2000 sq. ft;
and the drainage problem existing from this proposed development
down to F.M. 2170.
Bill Petty, Director of Community Development, spoke before
the Council on the recent developments regarding the resolving
of that drainage situation by participation of property owners
along F.M. 2170 and with Mr. Bass's participation also.
The Council further discussed with Mr. Bass the maintaining
of the tree line along the west property line and how the alleys
would be constructed for this development.
MOTION: Upon a motion made by Councilman McClure and seconded by
Councilman Paxton, the Council voted six (6) for,
none (0) opposed, and with one (1) abstention from
Councilman Womack, to approve and adopt Ordinance No.
556-10-84, as captioned previously; and to adopt
Resolution No. 557-10-84(R), as captioned previously,
amended to state that 508 of the development will have
a minimum house size of 1600 sq. ft.; 258 of the
development will have a minimum house size of 1800 sq, ft.;
and 258 of the development will have a minimum house size
of 2000 sq. ft. The motion carried.
Councilman Womack returned to his place on the Council bench.
333
ALLEN CITY COUNCIL
October 18, 1984
Page 7
Public Hearing: Consider Unilateral
Annexation of
583.39± Acres of Land
in 39 Tracts by the
{ City of Allen (Agenda Item III -C)
■ Mayor Rodenbaugh read the request into the record as follows:
�+' "Public Hearing to consider unilateral annexation of
approximately 583.39 acres of land in 39 tracts by the
City of Allen."
City Manager Jon 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, October 18, 1984. Minutes
of those proceedings had been prepared and distributed to the
Council for their review. The service plan for these areas
had been prepared and was available for public review.
Bill Petty, Director of Community Development, presented a
map showing the locations of the various areas to be considered
for annexation by the city and reviewed in detail those 39 parcels,
containing a total of 583.39± acres, located in twelve various
tracts.
Mr. Petty also showed the existing city limits lines and
the extraterritorial jurisdiction of the city and the reasoning
behind the city's unilateral annexation of these parcels of land
due to the fact that the existing city limits now surround all
of these areas or will soon surround all of these areas.
Mr. Petty then advised of the service plan and the date for
commencement of the soft services to those areas. The soft
services are the police, fire, ordinance controls, solid waste
collection, etc. He then advised of the accessibility of the
hard services, being water and sanitary sewer, to those areas.
Mayor Rodenbaugh opened the public hearing.
The following individuals spoke before the Council on the
unilateral annexation of these areas:
Bill Gant, attorney representing Willmoor Properties and
a majority of the property owners in the Buckingham Polo Club
Estates, advised of the opposition to the annexation of the
Buckingham Polo Club Estates, and advised of the deed restrictions
for the development of this area and requested that the deed
restrictions be adopted as a part of the zoning on this property
if the city does go forward with the annexation process.
Larry Wilkins, property owner in the Buckingham Polo Club
Estates, spoke against annexation, however, he agreed to work
with the city as long as the deed restrictions are honored by
the city. He requested a workshop session with the City Council
to discuss ihe annexation and the deed restrictions on this
property.
Mrs. Robin Russell, property owner in Buckingham Polo Club
Estates, stated she was not opposed to the annexation, however,
she asked also for a workshop in order. to get a better understanding
of what the annexation would mean and how her property would
be affected.
33¢
ALLEN CITY COUNCIL
October 18, 1989 Page 8
Public Hearing: Consider Unilateral
Annexation of
583.39± Acres
in 39 Tract (cont'd) (Agenda Item III-C)
John Kappus, property owner in Buckingham Polo Club Estates,
advised that there were several property owners who were not
opposed to the annexation, but he would also like to have a
workshop to get a better understanding of this annexation.
Lewis Balou, property owner in Buckingham Polo Club Estates,
stated he wanted to cooperate with the city and would like to
have a workshop.
Bill Dyer, property owner in Buckingham Polo Club Estates,
asked about the proposed use of their property by the city and
why the annexation of their property would not include the
Allen Independent School District. He also wanted to know why
the school district could not be changed to place them in the
Allen School District.
Ms. Billie West, property owner in Buckingham Polo Club
Estates, questioned why the city wanted to annex them at this time.
Mrs. Larry Wilkins asked about the city's maintenance of
their private white rock road, why the city wants to annex
their property at this time, what benefits the city is going
to give them for being annexed, what restrictions will be placed
on their property when they are annexed concerning all of the
animals they maintain on their property, and the amount of taxes
they will have to pay the city for their property.
Mr. Larry Wilkins asked just what the city could provide
to make him want to be in the city limits.
Woody Wells advised that he was for the annexation into the
city.
Bill Dyer, asked about the comprehensive plan of the city;
what was indicated in it for that area; what was the work being
done now on the comprehensive plan; and when was the expected
date for completion of the new document.
Bill Carter, property owner along Allen Heights Drive,
advised that the property owners along Allen Heights also wanted
a workshop separate from the property owners in Buckingham Polo
Club Estates.
Bobby Todd, property owner located off of Allen Heights
Drive, asked why the city had not included the Texan Rod and
Gun Club in this annexation procedure. Mr. Todd also posed
questions on the affects of the annexation to the business
he operated out of his home; if his business could be expanded
once it was in the city; and would he need to put a fence around
his swimming pool. Mr. Todd further advised that he was against
the annexation.
Chris Snodgrass, property owner located off of Allen Heights
Drive, asked about the solid waste collection to their area and
if the large trucks damaged the private white rock road, would
the city repair the road.
Tom Brian, property owner along Allen Heights Road, asked
if the Council would approve all of these proposed annexations
under one motion or if they would be considered separately.
335'
ALLEN CITY COUNCIL
October 18, 1984
Page 9
Public Hearing: Consider Unilateral
Annexation of 583.39±
Acres in 39 Tracts (cont'd) (Agenda Item III -C)
Bobby Todd requested that a workshop be set up with the
City Manager separate from the workshop of the property owners
from Buckingham Polo Club Estates.
During the comments received during the public hearing,
City Manager Jon McCarty advised the individuals that the city
staff would be willing to hold a workshop session with the
property owners of the Buckingham Polo Club Estates and explain
the zoning question, the comprehensive planning process, and
answer any other questions that the property owners may have in
this regard.
During comments received during the public hearing, the
Council discussed with the individuals that spoke the zoning issue
on these parcels after they are brought into the city, the
city's subdivision controls on these parcels now, lack of street
repair on a private drive and the opportunity to request street
dedication to the city, the work on the comprehensive plan and
when it will be completed, how the animal control ordinance will
be applied to these parcels and the need for an interpretation
by the city attorney on that ordinance, what uses the zoning
designation of "AO" Agriculture -Open Space entail; and setting
a date for a workshop session by city staff with the property
owners in the Buckingham Polo Club Estates to resolve some of the
questions that have been raised.
In further discussion during the public hearing with the
property owners along Allen Heights Drive, the Council discussed
the water supply to that area from the Pecan Orchard Water District,
the collection of solid waste from the private drive, and setting
a date for a workshop session by city staff with the property
owners to resolve some of the questions that had been raised.
With no one else wishing to speak either for or against
the unilateral annexation, Mayor Rodenbaugh closed the public
hearing.
Mayor Rodenbaugh advised that there would be no action taken
at this time on the annexation.
The annexation ordinance would be prepared and read into
the record at the Council meeting of November 1, 1984.
Mayor Rodenbaugh recessed the regular session of the
Allen City Council at 11:40 p.m. The meeting reconvened at
11:50 p.m.
Public Hearing: Request to Annex
97.96 Acres of Land
Location: Northeast Corner of
the Intersection of
Malone Road and
4400, F.M. 2170
Requestor: Freedom Financial Corp. (Agenda Item III -D)
Mayor Rodenbaugh read the request into the record as follows:
"Public hearing to consider a request to annex 97.96 acres
of land located at the northeast corner of the intersection
of Malone Road and F.M. 2170."
33,
ALLEN CITY COUNCIL
October 18, 1984
Page 10
Public Hearing: Request to Annex
97.96 Acres
Requester: Freedom Financial Corp. (cont'd)(Agenda Item III -D)
City Manager Jon McCarty provided the Council with the
unusual circumstances surrounding this annexation request, and
( pointed out that this property had been annexed last year and
`_V'. zoned in April of 1984. Mr. McCarty further advised that during
the annexation process last year the state law had been changed
to eliminate the need for a on-site public hearing, which had
been interpreted to mean that only one public hearing was needed
on the request. It was discovered by city staff that two public
hearings were needed on all annexation requests.
Mr. McCarty provided the Council with handout materials on
House Bill 555 which changed the public hearing requirements, and
the information that had been received from the Texas Municipal
League and the Department of Community Affairs from which city
staff had determined that only one public hearing was required.
Mr. McCarty provided the action taken by the city staff
and the city attorney to try and get this annexation cleared
through the Department of Community Affairs and the federal
government in order to receive revenue sharing funds. When it
was determined that this annexation would not receive clearance
for the federal revenue sharing funds, it was determined that
the annexation would have to be done over. Mr. McCarty then stated
that the property owners were notified of the situation and
they had come forward with the request again exactly as it was
originally submitted. However, they are in the process selling
this property so the matter needs to be resolved as soon as
possible. Therefore, Mr. McCarty advised that the city staff's
recommendation was that the City Council reconsider this
annexation request following the state law guidelines and that
city staff be allowed to set the City Council's public hearing
date for the zoning on this property in order that this request
can be expedited and resolved at the earliest possible date.
The Council briefly discussed with the city staff why the
city did not go ahead and redo the annexation process earlier
and to go forward with the process to resolve the situation.
City Manager Jon 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, October 18, 1984. Minutes
of those proceedings had been prepared and distributed to the
Council for their review. The service plan for this area had
been prepared and was available for public review.
Mayor Rodenbaugh opened the public hearing.
Michael H. Wallace, representing Freedom Financial Corporation,
spoke before the Council on behalf of this annexation request.
With no one else wishing to speak either for or against this
annexation request, Mayor Rodenbaugh closed the public hearing.
Mayor Rodenbaugh advised that no action would be taken on
this annexation request at this time. The annexation ordinance
would be prepared and presented to the Council for consideration
of adoption at their regular meeting on November 15, 1984.
33')
ALLEN CITY COUNCIL
October 18, 1984
Page 11
Site Plan Approval: 3.67 Acres
Bethany Plaza Shopping Center
Zoning: Local Retail
Location: Northeast Corner of
S.H. 5 and Bethany Road
Requester: Ray Blanchard Company (Agenda Item IV -A)
Sam Beasley, representing the Ray Blanchard Company, presented
to and spoke before the Council on the site plan for the Bethany
Plaza Shopping Center on 3.67 acres of land out of the William
Perrin Survey, Abstract No. 708 and the Rufus Sewell Survey,
Abstract No. 875, Collin County, located at the northeast corner
of State Highway 5 and Bethany Road.
Using the site plan and an artist's rendering of the proposed
retail shopping center, Mr. Beasley advised of the location of the
property and reviewed the site plan with the Council, which
showed the location of the two retail buildings, parking lot areas,
ingresses/egresses to the site, dumpster location and masonry
fence location.
The Council briefly discussed with Mr. Beasley when this
development would commence and the landscape plan for this center.
Bill Petty, Director of Community Development, advised the
Council that the site plan met all of the requirements of the
zoning ordinance, and uses in this retail development would be
strictly those listed in the local retail zoning district.
Mr. Petty also advised of the discussion held by the Planning and
Zoning Commission on the screening of the dumpster area.
(4101 The Planning and Zoning Commission, at their regular meeting
of October 11, 1984, recommended to the City Council that this
site plan be approved as submitted with the stipulation that the
proper consideration be given to additional screened dumpster
site for the out parcel located on the corner.
The Council discussed with Mr. Beasley the screening of the
dumpster with masonry fence.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to approve
the site plan for the 3.67 acres of the Bethany Plaza
Shopping Center as presented and in accordance with the
recommendation of the Planning and Zoning Commission,
as stated. The motion carried.
Consideration of Approval of a
Site Plan for a Shopping Center
Development on 9.888 Acres of
Land Located at the Northeast
Corner of S. H. 5 and F.M. 2170 (Agenda Item IV -B)
and
Consideration of Approval of the
Plat on 9.888 Acres Located at
the Northeast Corner of the
Intersection of S.H. 5 and
F.M. 2170 (Agenda Item V-A)
Mayor Rodenbaugh advised the Council that a letter had been
received from Douglas S. Grady, Vice President of Stone -Lewis
Development, requesting to have these two agenda items concerning
Allen Towne Center, be withdrawn from consideration at this time.
There was no action taken on these items.
9M
ALLEN CITY COUNCIL
October 18, 1984
Page 12
Richard Carroll, Chief of Police, spoke before the Council
on The specifications for a new phone system in the Police
Department. Chief Carroll advised the Council of the need for
L' a new phone system and provided a list of some of the basic
■v. functions that would be included in a new system. He also added
that some additional areas of consideration would be to have
the system interphasewith the city hall's system and to look
at the costs for a five-year lease agreement. Chief Carroll
advised that the first year's cost of a lease/purchase agreement
was expected to be around $3,500.
Chief Carroll advised that the city staff's recommendation was
that the City Council approve the specifications and authorize
the receipt of bids for a new telephone system for the Police
Department.
339
Final Plat Approval: Oak Ridge Addition
13.5389 Acres - 78 Lots
Location: South of Exchange Blvd.
and East of Malone Road
Requestor: Ken E. Marchant Homes (Agenda Item V -B)
Roland Wright, representing Ken E. Marchant Homes, presented
to and spoke before the Council on the request for final plat
approval on the Oak Ridge Addition on 13.5389 acres out of the
Peter Fisher Survey, Abstract No. 324, located south of Exchange
Boulevard and east of Malone Road. The property is a portion
of Planned Development No. 11 with this tract being zoned for
townhouses, however, a site plan was approved for single-family
detached dwellings.
Bill Petty, Director of Community Development, spoke before
the Council on the final plat being consistent with the site plan
approved for this site, the storm sewer requirements of this
development and sewer lift station and the recommendations of the
Planning and Zoning Commission on this plat.
The Planning and Zoning Commission, at their regular meeting
of October 11, 1984, recommended to Sae City Council that the
final plat for Oak Ridge Addition be approved as submitted.
In addition, they recommended the extension of the southern
two lanes of Exchange Parkway to the intersection of Malone Road
at the time of construction and development.
There was considerable discussion between the Council and
Mr. Wright on the Planning and Zoning Commission's recommendation
to construct the southern two lanes of Exchange Parkway to the
intersection of Malone Road and regarding Murray Development's
joint participation in that and in the sewer lift station.
During the discussion, Mr. Wright indicated that the construction
of the southern two lanes of Exchange to Malone Road would
create a hardship on this development. They would probably not
be able to follow through with it if they were required to do
that construction alone. He indicated that Murray Development
had not indicated as of this date that they would participate in it.
MOTION: Upon a motion made by Councilman Paxton and seconded by
Councilman Wolfe, the Council voted 7 - 0 to approve
the final plat for the Oak Ridge Addition as submitted
and in accordance with the recommendation of the
Planning and Zoning Commission, as stated. The motion
carried.
Approval of Specifications and Authorization
to Receive Bids on a Telephone System for..
the Allen Police Department (Agenda Item VI)
Richard Carroll, Chief of Police, spoke before the Council
on The specifications for a new phone system in the Police
Department. Chief Carroll advised the Council of the need for
L' a new phone system and provided a list of some of the basic
■v. functions that would be included in a new system. He also added
that some additional areas of consideration would be to have
the system interphasewith the city hall's system and to look
at the costs for a five-year lease agreement. Chief Carroll
advised that the first year's cost of a lease/purchase agreement
was expected to be around $3,500.
Chief Carroll advised that the city staff's recommendation was
that the City Council approve the specifications and authorize
the receipt of bids for a new telephone system for the Police
Department.
339
ALLEN CITY COUNCIL
October 18, 1984
Page 13
Approval of Specs. and Authorization
to Receive Bids on a Telephone System
for the Police Department (cont'd) (Agenda Item VI)
MOTION: Upon a motion made by Councilman Koch and seconded by
Councilman Womack, the Council voted 7 - 0 to approve
the specifications and authorize the receipt of bids
for a new telephone system for the Police Department
in accordance with the city staff's recommendation,
as stated. The motion carried.
Authorize Water and Sewer System
Analysis and Plan (Agenda Item VII)
Ernie Hoback, Director of Public Works, spoke before the
Council on the proposed water and sewer system analysis and plan.
Mr. Hoback reminded the Council that on March 15, 1984, they had
approved a proposal by Graham and Associates for remapping
the city's water and sewer system and also to perform an
analysis for determining the existing and future needs of the city.
At that time, Phase I, the remapping of the water and sewer
system, had just been approved.
Mr. Hoback advised why it was important at this time to
proceed with the analysis and plan and what the results of this
work entail.
Mr. Hoback advised that the city staff's recommendation
was that the City Council authorize to proceed with Phase II,
which is the water system plan, and Phase III, which is the
sewer system plan, to be done by Graham and Associates. The
kw estimated cost of the projects, being $15,500 for Phase II and
$12,000 for Phase III. The costs for these projects would be
recovered in the capital improvement fees.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Paxton, the Council voted 7 - 0 to
authorize the city staff to enter into a contract for
the water and sewer system analysis and plan in
accordance with the city staff's recommendation,
as stated. The motion carried.
Acceptance of Resignation
of David Morgan, Place No. 1,
Parks and Recreation Board (Agenda Item VIII)
Mayor Rodenbaugh advised the Council that a letter of
resignation had been received from David Morgan, Place No. 1,
on the Parks and Recreation Board.
MOTION: Upon a motion made by Councilman Womack and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
accept, with regret, the resignation of David Morgan,
Place No. 1, on the Parks and Recreation Board and
to extend the Council's appreciation for his service
in that capacity. The motion carried.
Lone Star Gas Conservation
Service Program
City Manager Jon McCarty
item had been provided to the
and so that the Council could
for that service.
(Agenda. Item IX -A)
advised the Council that this
Council as a matter of information
see the cost charged per customer
There was no action taken on this item.
WJ
ALLEN CITY COUNCIL
October 18, 1984
City of Allen Municipal Code Book
City Secretary Marty Hendrix advised
city's code book had been completed and an
the code would be placed on the Council's
regular meeting of November 15, 1984.
Page 14
(Agenda Item IX -B)
the Council that the
ordinance to adopt
agenda for their
This item was received as a matter of information. There
was no action taken on this item.
General Discussion
City Manager Son McCarty reminded the Council of the
upcoming meeting of the Collin County Public Officials to be
held on Thursday, October 25th, at 6:30 p.m., at the Harvey
House Hotel in Plano.
Bill Petty, Director of Community Development, advised the
Council of an emergency situation that came up recently involving
the discovery of a poorly constructed storm drainage line under
Ridgemont Drive and the need to tear up the street to temporarily
correct a dangerous situation. Mr. Petty further stated that the
storm drainage line had been poorly constructed at the joints
of the line and it had sunk, thus creating cracks in the street.
He stated concern for other joints in this line that could be
in the same shape and cause similar dangerous situations. He
advised that the city's engineer made an inspection of the line
and declared this was an emergency situation.
Since this was an emergency situation, Mr. Petty advised
he took two proposals on work to repair the line, with M. E. Hicks
and Associates being chosen to do the work for $7,800. The work
would include the repair to the storm drainage line and to repair
the street at that location.
Mr. Petty handed out a map showing the location of the
storm drainage line located in the Windridge Addition and a
letter that had been sent to all of the property owners in that
area advising of the work being done to the street.
Mr. Petty stated that further inspection of that line into
the Windridge Addition would be conducted to see if any further
work is needed to that line.
Mayor Rodenbaugh advised the Council of a letter he
received from the North Texas Municipal Water District regarding
the Cooper Lake celebration to be held on Saturday, October 27th,
and encouraging the Council to attend this event and show support
for it.
Adjournment
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Womack, the Council voted 7 - 0 to adjourn
the regular session of the Allen City Council at
12:45 a.m. on Friday, October 19, 1984. The motion
carried.
These minutes approved on the lstday of NOVEMBER 1984.
Donald e •. O
MartySECRETARY'-
2 q-1