Loading...
HomeMy WebLinkAboutMin - City Council - 1984 - 11/15 - RegularCITY OF ALLEN ANNEXATION PUBLIC HEARING November 15, 1984 352.205 acres Present: City Staff: Marty Hendrix, City Secretary In accordance with Article 970(a), V.A.T.C.S., the public hearing was called to order by City Secretary Marty Hendrix at 1:00 p.m. on Thursday, November 15, 1984, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. City Secretary Marty Hendrix advised that the 352.205 acres of land out of the Wetsaul Fisher Survey, Abstract No. 323, the John J. Miller Survey, Abstract No. 609, and the George Fitzugh Survey, Abstract No. 320, Collin County, Texas, had been requested to be annexed into the Allen city limits by Tung International Realty, Inc. City Secretary Marty Hendrix reviewed the location of the property, being north of the extension of Exchange Boulevard, east of Malone Road and south of Stacy Road. City Secretary Marty Hendrix advised that the prepared service plan for the 352.205 acres was available for public review. City Secretary Marty Hendrix opened the public hearing. With no one wishing to speak either for or against this annexation request, City Secretary Marty Hendrix closed the public hearing. The public hearing was adjourned at 1:10 p.m. These minutes reviewed and approved on this the 15th day of November, 1984. Marty Hendrix, ITY SECRETARY 4 3M ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 15, 1984 Present: t Donald P. Roderbaugh, Mayor Council Members: Jim McClure Rex Womack Jim Wolfe Ward Paxton Gary Koch Absent: Joe Farmer, Mayor Pro Tem City Staff• Jon McCarty, City Manager Marty Hendrix, City Secretary A. Approval of the City Council Minutes of November 1, 1984 - Regular Session B. Authorization to city staff to nay bills associated with the 1979 - 82 Capital Improvements Program as follows: 1. David C. Moak Surveyors, Inc. $5,710.00 Project: Ford Park Construction - Topo and tree location of 51.518 acres of 4 tracts in the G. W. Ford Survey, Abstract No. 328. 2. Graham Associates, Inc.: a. Project: Main Street Improvements - $2,600.00 Engineering Services to obtain abstracts and Texas State Department of Highways and Public Transportation strip maps of the area and determine recorded riqht-of-wav widths and locations. b. Project: Main Street Improvements - $1,940.00 Engineering Services to establish benchmark loop. C. Schedule of Taxes Receivable as of October 31, 1984. 37/ The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:34 p.m. on Thursday, November 15, 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 Wolfe and seconded by Councilman Koch, the Council voted 6 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of the City Council Minutes of November 1, 1984 - Regular Session B. Authorization to city staff to nay bills associated with the 1979 - 82 Capital Improvements Program as follows: 1. David C. Moak Surveyors, Inc. $5,710.00 Project: Ford Park Construction - Topo and tree location of 51.518 acres of 4 tracts in the G. W. Ford Survey, Abstract No. 328. 2. Graham Associates, Inc.: a. Project: Main Street Improvements - $2,600.00 Engineering Services to obtain abstracts and Texas State Department of Highways and Public Transportation strip maps of the area and determine recorded riqht-of-wav widths and locations. b. Project: Main Street Improvements - $1,940.00 Engineering Services to establish benchmark loop. C. Schedule of Taxes Receivable as of October 31, 1984. 37/ ALLEN CITY COUNCIL November 15, 1984 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) D. Set December 6, 1984 as Public Hearing Date to Establish Permanent Zoning of R-3 (Residential), R-4 and R-5 with Voluntary Deed Restrictions on f a 56.8 Acre Tract of Land Located West of F.M. 2551, East of Malone Road and South of F.M. 2170. E. Set December 6, 1984 as Public Hearing Date to Consider a Zoning Change From LI (Light Industrial) to PD (Planned Development) with Site Plan on Four Acres of Land Located at the Northwest Corner of Texet Drive and S.H. 5. Ordinance No. 564-11-84: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately 97.96 Acres Located in the Witsaul Fisher Survey, Abstract No. 323, 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 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. Consolidated Summary of Activities for the Allen Police Department for the month of October, 1984. The motion carried. End of Consent Public Hearing: Request for Planned Development (PD) Zoning on 97.96 acres Location: Northeast Corner of Malone Road and F.M. 2170 Requester: Freedom Financial Corporation (Agenda Item III -A) and Ordinance No. 565-11-84: An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance 501-4-84 of the City of Allen, 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. 29, on the Following -Described Tract of Land: Approximately 97 Acres of Land, More or Less, out of the Witsaul Fisher Survey, Abstract No. 323, Page 181, Collin County Deed Records, Collin County, Texas; Providing for a Preliminary Concept and Development Plan; Providing for Use Regulations; Providing for a Land Use Plan; Providing for a Penalty of Fine Not to 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. 3-)a. ALLEN CITY COUNCIL November 15, 1984 Page 3 Public Hearing: Request for Planned Development Zoning on 97.96 Acres Requester: Freedom Financial Corp. (Agenda Item III -A) and ` Ordinance No. 565-11-84 (cont'd) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for PD (Planned Development) Zoning and Site Plan Approval on 97.96 Acres of Land Located at the Northeast Corner of Malone Road and F.M. 2170." City Manager Jon McCarty advised the Council that this request for zoning was being submitted as it was originally approved in March of 1984. He reminded the Council that this item was before them due to the need to reannex and rezone the property due to problems which occurred when the annexation was declared invalid. Mike Wallace, with Freedom Financial Corporation, presented to and spoke before the Council on this request for Planned Development (PD) zoning on the 97.96 acres of land out of the witsaul Fisher Survey, Abstract No. 323, Collin County, Texas. This development is known as Fairhaven Village. The Planning and Zoning Commission, at their regular meeting of October 25, 1984, recommended to the City Council that this Planned Development (PD) zoning request be approved as submitted. Mayor Rodenbaugh opened the public hearing. With no one appearing to speak either for or against this planned development zoning request, Mayor Rodenbauqh closed the public hearing. MOTION: Upon a motion made by Councilman Koch and seconded by Councilman Womack, the Council voted five (5) for and one (1) opposed, with Councilman Paxton casting the negative vote, to approve the request for Planned Development (PD) zoning on the 97.96 acres, in accordance with the recommendation of the Planning and Zoning Commission, as stated;and to adopt Ordinance No. 565-11-84, as captioned previously. The motion carried. Public Hearing: Request for Site Plan Approval for a Shopping Center Development on 3.217 Acres Zoning: Planned Development - Shopping Center No. 4 Location: Southeast Corner of S.H. 5 and Bethany Road Requester: Bethany Corner Joint Venture and Ordinance No. 566-11-84: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 369-10-81 to Include the Attachment of Exhibit "D", Approved Site Plan, For Development of a 3.217 Acre Tract out of the William Perrin Survey, Abstract No. 708, and the Rufus Sewell Survey, Abstract No. 875, City of Allen, Collin County, Texas. Presently Delineated on the Official Zoning Map as a Portion of PD -SC No. 4; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the (Agenda Item III -B) 373 ALLEN CITY COUNCIL November 15, 1984 Page 4 Public Hearing: Request for Site Plan Approval - 3.217 Acres and Ordinance No. 566-11-84 (cont'd) (Agenda Item III -B) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for Site Plan Approval for a Shopping Center Development on 3.217 Acres of Land Located at the Intersection of State Highway 5 and Bethany Road and Consider Adoption of an Ordinance Attaching that Site Plan to PD -SC No. 4 as Exhibit "D"." Clark Easton, partner in the Bethany Corner Joint Venture Group, presented to and spoke before the Council on the request for site plan approval of a shopping center on 3.217 acres of land out of the William Perrin Survey, Abstract No. 708 and the Rufus Sewell Survey, Abstract No. 875, Collin County, Texas, located at the southeast corner of State Highway 5 and Bethany Road. Mr. Easton presented an artist's rendering of the front elevation of the shopping center building and advised that the shopping center would contain 35,000 square feet. The site plan showed the location of the building on the site, parking area, ingress/egress to the site, and boundaries of the property. Mayor Rodenbaugh opened the public hearing. With no one wishing to speak either for or against this site plan approval, Mayor Rodenbaugh closed the public hearing. The Council discussed the escrowing of the funds for the improvements to Bethany Road in the area of this shopping center, and if the artist's rendering of the landscaped area represented how the landscaping would appear at this shopping center. The Planning and Zoning Commission, at their regular meeting of October 11, 1984, recommended to the City Council approval of an amendment to Planned Development - Shopping Center No. 4 by attaching this approved site plan for the proposed shopping center development. They also noted that the gasoline pumps designated in the site plan will be removed from the site plan until a later date, at which time will require a specific use permit. MOTION: Upon a motion made by Councilman. Wolfe and seconded by Councilman McClure, the Council voted 6 - 0 to approve the site plan as presented, in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 566-11-84, as captioned previously. The motion carried. Public Hearing: Request for Site Plan Approval on 1 Acre of Land Zoning: Planned Development - Shopping Center No. 5 Location: Fronting on F.M. 2170 and Approximately 150' West of Fountain Park Drive - - Requestor• Mazzio's Pizza _ (Agenda Item III -C) and Ordinance No. 567-11-84: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 370-10-81 to Include the Attachment of Exhibit "E", Approved Site Plan, for Development of One Acre Tract out of the Peter Wetsel Survey, Abstract No. 990, Presently Delineated on the official Zoning Map as a Portion of PD -SC No. 5; 374 ALLEN CITY COUNCIL November 15, 1984 Page 5 Public Hearing: Request for Site Plan Approval on 1 Acre of Land Requester: Mazzio's Pizza (cont'd) (Agenda Item III -C) and Ordinance No. 567-11-84 (cont'd): Providing for Penalty; Providing for an Effective Date; and Providing for Publication of the Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for Site Plan Approval on a One Acre Tract of Land for Mazzio's Pizza Restaurant in Planned Development - Shopping Center No. 5, Located Adjacent to F.M. 2170, Approximately 150' West of Fountain Park Drive and Consider Adoption of an Ordinance Attaching the Site Plan to PD -SC No. 5 as Exhibit "E"." Gordon Summit, representing Mazzio's Pizza, presented to and spoke before the Council on the request for site plan approval on the one acre tract of land out of the Peter Wetsel Survey, Abstract No. 990, Collin County, Texas. Mayor Rodenbaugh opened the public hearing. With no one wishing to speak either for or against this site plan approval request, Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting of October 11, 1984, recommended to the City Council an approval of an amendment to Planned Development -.Shopping Center No. 5 by attaching this approved site plan for development of a Mazzio's Pizza Restaurant. The Council discussed with Mr. Summit the size of the building, the anticipated seating of the restaurant, the size of the adjacent lot to the west of this site and the location of the ingress/egress to this site being moved further east. Mr. Summit advised the Council of the location of Fountain Park Drive to the entrance of this site and how the improvements to Main Street would affect that entrance. The Council also discussed the hours of operation of this restaurant with Mr. Summit. Bill Petty, Director of Community Development, spoke before the Council on the presentation that Mazzio's Pizza had given at the Planning and Zoning Commission meeting on the operation of this facility. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 6 - 0 to approve the request for site plan approval in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 567-11-84, as captioned previously. The motion carried. 37S Mr. Summit reviewed the site plan with the Council, showing the location of the building on the site, parking lot areas, ingress/egress to the site, boundaries of the property, and the location of the 24' fire lane easement on the site. He explained about the layout of the parking on the site for the fire lane easement and the landscaped area at the back of the site which is a power line easement. The Council briefly discussed the location of this site and the 22' of fire lane that runs in front of this property and which is proposed to run the entire length of all developments in that area. Mayor Rodenbaugh opened the public hearing. With no one wishing to speak either for or against this site plan approval request, Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting of October 11, 1984, recommended to the City Council an approval of an amendment to Planned Development -.Shopping Center No. 5 by attaching this approved site plan for development of a Mazzio's Pizza Restaurant. The Council discussed with Mr. Summit the size of the building, the anticipated seating of the restaurant, the size of the adjacent lot to the west of this site and the location of the ingress/egress to this site being moved further east. Mr. Summit advised the Council of the location of Fountain Park Drive to the entrance of this site and how the improvements to Main Street would affect that entrance. The Council also discussed the hours of operation of this restaurant with Mr. Summit. Bill Petty, Director of Community Development, spoke before the Council on the presentation that Mazzio's Pizza had given at the Planning and Zoning Commission meeting on the operation of this facility. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 6 - 0 to approve the request for site plan approval in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 567-11-84, as captioned previously. The motion carried. 37S ALLEN CITY COUNCIL November 15, 1984 Page 6 Public Hearing: Request to Annex 352.205 Acres of Land Location: South of Stacy Road, East of Malone Road, and West of F.M. 1378 Requester• Tung International Realty Co. (Agenda Item III -D) Mayor Rodenbauqh read the request into the record as follows: "Consider a Request to Annex 352.205 Acres of Land Located South of Stacy Road, East of Malone Road and West of F.M. 1378." Theresa Yeaden, with Nelson Engineering and representina Tung International Realty Company, spoke before the Council on this annexation request. Mayor Rodenbaugh opened the public hearing. With no one wishing to speak either for or against this annexation request, Mayor Rodenbaugh closed the public hearing. In accordance with state law, the first public hearing was held by city staff at 1:00 p.m. on Thursday, November 15, 1984, for the annexation request. 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 advised that no action would be taken on the annexation request this time. The annexation ordinance would be prepared and presented to the Council for consideration of adoption at their regular meeting on December 6, 1984. Approval of Final Plats: Cottonwood Bend Addition No. 5 Zoning: PD No. 13 Location: East of Jupiter Road, South of Proposed Bethany Road and North of Chapparal Road Requestor: Landmark Development Company (Agenda Item IV -A) Kenneth Schenault, with Landmark Development Company, spoke briefly before the Council on the approval of the final plat for Cottonwood Bend Addition No. 5, being 42.6 acres out of the MCBain Jamison Survey, Abstract No. 491, and the R.L. Ingraham Survey, Abstract No. 462, Collin County, Texas, located on the east side of Jupiter Road, south of the proposed Bethany Road and north of Chapparal Road. This land is presently zoned Planned Development No. 13. The Council discussed with Mr. Schenault what type of screening would be placed in the areas between. the cul-de-sacs and Jupiter Road. Mr. Schenault advised that his representative, Pat Atkins, from the engineering firm of Don Tipton Engineering was not present at this time to review the plat with the Council and requested that this plat be considered at a later time in the meeting. Bill Petty, Director of Community Development, also advised that Mr. Atkins had some additional information on this development to present to the Council. Mayor Rodenbaugh advised that the Council would pass over this item at this time and return to it later in the meeting. 396 ALLEN CITY COUNCIL November 15, 1984 Approval of Final Plats: Zoning: Location: Requestor: Bethany Plaza Addition Local Retail (LR) Northeast Corner of Intersection of Bethany Road and State Highway 5 Bethany Plaza Joint Venture Page 7 (Agenda Item IV -B) Since there was no representative to speak before the Council on this request for final plat approval, Mayor Rodenbaugh advised that the Council would pass over this item at this time and return to it later in the meeting. Approval of Final Plats: Mazzio's Pizza on 1 acre Site Zoning: PD -SC No. 5 Location: Fronting on F.M. 2170 and Approximately 150' West of Fountain Park Drive Requestor: Mazzio's Pizza, Inc. (Agenda Item IV -C) Gordon Summit, representing Mazzio's Pizza, Inc., presented to and spoke before the Council on the request for final plat approval for Mazzio's Pizza Restaurant on a one acre tract of land out of the Peter Wetsel Survey, Abstract No. 990, located as fronting on F.M. 2170 and approximately 150' west of Fountain Park Drive. The zoning on this property is Planned Development Shopping Center No. 5. The plat showed the boundaries of the property, the street right-of-way dedication, the utility and fire lane easements, and ingress/egress to the property. The Planning and Zoning Commission, at their reqular meeting of October 11, 1984, recommended to the City Council that the final plat be approved as presented. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Wolfe, the Council voted 6 - 0 to approve the final plat for the Mazzio's Pizza Addition in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. At this time, Mayor Rodenbaugh returned to item IV -A on the agenda. Approval of Final Plats: Zoning: Location: Requestor: Cottonwood Bend Addition No. 5 PD No. 13 East of Jupiter Road, South of Proposed Bethany Road and North of Chapparal Road Landmark Development (Agenda Item IV -A) Pat Atkins, with Don Tipton Engineering Company and representing Landmark Development Company, presented to and spoke before the Council on the request for final plat approval for the Cottonwood Bend Addition No. 5. Mr. Atkins reviewed the plat with the Council which showed the residential housing development along Jupiter Road, with several cul-de-sac streets backing up to Jupiter Road. Mr. Atkins advised of the design of this development and the screening of this development from Jupiter Road. 377 ALLEN CITY COUNCIL November 15, 1989 Page 8 Approval of Final Plats: Cottonwood Bend Addition No. 5 Requester: Landmark Development Company (cont'd) (Agenda Item IV -A) The Planning and Zoning Commission, at their regular meeting of November 8, 1989, recommended to the City Council approval of the final plat of the Cottonwood Bend Addition No. 5, after substantiating that it was in compliance with the previously approved preliminary plat. They also further added a stipulation that the extension of streets and circulation has to be determined to be acceptable by city staff prior to issuance of a development permit. The Council discussed with Mr. Atkins the flairing out of a street across from. Hightrail Drive, the joining of the street right-of-ways of the cul-de-sac streets with Jupiter Road, the length of some of the streets and alleyways in this subdivision, the comments from the Planning and Zoning Commission on this plat, the size of Lot 20 in this development and how it could be a buildable lot, the type of screening and landscaping to be used along Jupiter Road, and the timetable for construction of this development and the adjacent development in order to break up some of the lengthy streets and alleys. In connection with the development of this plat, Bill Petty, Director of Community Development, spoke before the Council on the street improvements that needed to be made in the area of this development for Jupiter Road, Bethany Road, and Chapparal Road. Mr. Petty reviewed for the Council the areas of these roadways that have been improved and those areas that will be improved by the developers and the portions that are to be constructed by the city. He advised that the developer would be responsible for the construction of the two lanes of Chapparal Road along their property and to the intersection of Jupiter Road and the two eastern lanes of Jupiter Road between Chapparal Road and Bethany Road. He stated that the city would have to construct the southern two lanes of Bethany Road between Jupiter Road and State Highway 5, one lane of Chapparal Road, and the two west lanes of Jupiter Road along the existing residential area located south of Bethany Road. In order to provide for improvements to those roadways, the city staff is recommending that the City Council give some thought to the city entering into a facilities agreement with Landmark Development Company for those street improvements and also to develop and impose an assessment policy for those properties that front on the subject streets that will be developed at a later date. Mr. Petty advised the Council that the city staff would proceed with the facilities agreement and with an assessment policy and bring it back to the Council for approval at a later date. The Council briefly discussed the street improvements, entering into a facilities agreement and the development of an assessment policy. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Koch, the Council voted 6 - 0 to approve the final plat for the Cottonwood Bend Addition No. 5 as presented and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. X78 ALLEN CITY COUNCIL November 15, 1984 Page 9 Resolution No. 568-11-64(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Appointing a Committee to Plan and Organize the 1986 Texas Sesquicentennial Celebration of the City of Allen. (Agenda Item V) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the proposed resolution establishing the City of Allen's Texas Sesquicentennial Committee and making appointments to that committee in order to develop activities to celebrate the state's 150th birthday in 1986. Mr. Thornton advised the Council that in order to be recognized as a "Texas Independence Community" and to be included in the official celebration of the 1986 Texas Sesquicentennial, the city must adopt by resolution the establishing and appointments to the subject committee and also submit a plan of the activities to be done for the celebration in 1986 by December of 1984. The Council briefly discussed the various individuals selected to serve on the committee. City Manager Jon McCarty advised the Council that the staff support to this committee will be Mark Thornton, Director of Parks and Recreation, and Barbara Buehler, the Library Director. MOTION: Upon a motion made by Councilman Koch and seconded by Councilman McClure, the Council voted 6 - 0 to adopt Resolution No. 568-11-84(R), as captioned previously. Coe The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 8:39 p.m. The regular session reconvened at 8:48 p.m. Authorization to the North Texas Municipal Water District to Construct a Water Line on an Easement Owned by the City of Allen (Agenda Item VI) Ernie Hoback, Director of Public Works, spoke before the Council on the request from the North Texas Municipal Water District (NTMWD) to construct a water line in an easement owned by the City of Allen. Using a map, Mr. Hoback reviewed the routing of the proposed 42" water line, known as the McKinney parallel line, which runs from the intersection of F.M. 2170 and F.M. 1378 west along the south side of F.M. 2170 to the intersection of Malone Road and F.M. 2551, then north to Stacy Road, then west to just past U.S. 75 to the Petefish property. Mr. Hoback advised that the request was to use the city's 30' easement located on the south side of F.M. 2170, from the intersection of F.M. 1378 to just west of the intersection of F.M. 2551, and place the line in the city's easement. Using a scale drawing of the easement, Mr. Hoback reviewed the location of the city's existing 18" water line in the easement, the location of the proposed NTMWD's 42" line in the easement and the area that will be remaining for any additional water lines if they are needed in the future. 971 ALLEN CITY COUNCIL November 15, 1984 Page 10 Authorization to NTMWD to Construct a Water Line on an Easement Owned by the City (cont'd) (Agenda Item VI) The Council discussed with Mr. Roback if the city would ever need to tie on to that main water line at the location of F.M. 2170 and F.M. 1378; the statement that had been made about placing a water line deeper down in the existing easement; how the City of Allen stands with respect to the need for another delivery point; and when the NTMWD plans to build the line for McKinney. There was considerable discussion on the city's need to determine if the additional third delivery point was needed at this time since this line was ready to be constructed; if the NTMWD had given any indication to the city that they will let the city have the additional delivery point off of this line; and what type of financial program would be agreed upon by the district for that delivery point. Carl Riehn, Executive Director, with the NTMWD, spoke before the Council on the request from the city for the third delivery point, the city's second delivery point in Plano, the city's relationship with the water district, and the request from NTMWD for the use of the easement for the placement of the 42" water line. In further discussion, by the Council with Mr. Riehn, it was pointed out that there needs to be a cooperative effort on both the district's part and the city's part to work together. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted five (5) for and one (1) opposed, with Councilman Paxton casting the 4400, negative vote, to approve the request from the North Texas Municipal Water District for the use of the city's 30' easement, located on the southside of F.M. 2170, and west of F.M. 1378, in which the NTMWD is to construct a 42" water line. The motion carried. At this time, Mayor Rodenbaugh returned to consideration of item IV -B on the agenda. Approval of Final Plats: Bethany Plaza Addition Zoning: Local Retail (LR) Location: Northeast Corner of State Highway 5 and Bethany Road Requestor: Bethany Plaza Joint Venture (Agenda Item IV -B) Sam D. Beasley, representing Bethany Plaza Joint Venture, presented to and spoke before the Council on the request for approval of the Bethany Plaza Addition, being 3.673 acres of land out of the William Perrin Survey, Abstract No. 708, and the Rufus Sewell Survey, Abstract No. 875, Collin County, Texas. The plat showed the boundaries of the property, street right-of-way dedication, fire lane and utility easements. The Planning and Zoning Commission, at their regular meeting of November 8, 1984, recommended to the City Council approval of the plat as submitted. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Koch, the Council voted 6 - 0 to approve the final plat for the Bethany Plaza Addition in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. 390 ALLEN CITY COUNCIL November 15, 1984 Authorization for Execution of a Letter of Agreement with the North Central Texas Council of Governments Concerning a Rowlett Creek Interjurisdictional Watershed Management Program Page 11 (Agenda Item VII) City Manager Jon McCarty spoke before the Council on the proposed letter of agreement with the North Central Council of Governments concerning a Rowlett Creek Interjurisdictional Watershed Management Program. City Manager Jon McCarty provided the Council with some background information on the initial meetings held concerning the work to be done on the Rowlett Creek Watershed Study and the major cities involved in the project. Those cities are Dallas, Garland, Richardson, Plano, Allen, and McKinney. He further advised that the goal of the program as stated in the agreement is to develop a comprehensive watershed management approach for Rowlett Creek, including (a) common information and tracking system; (b) consistent set of interjurisdictional policy; (c) mechanisms to assure implementation. City Manager Jon McCarty advised that the Environmental Resources Department of the North Central Texas Council of Governments would be acting as the facilitator and will be charged to develop the work program. Also, Mr. McCarty advised that in order to carry out the program, a committee of staff level people from each city will be organized as well as a second committee of elected officials from each city to provide policy direction. Mr. McCarty advised that it was the city staff's recommendation that the City Council authorize the city staff to execute the proposed agreement and that the Mayor appoint a Council Member to serve on the committee. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Wolfe, the Council voted 6 - 0 to authorize the city staff to execute the proposed agreement with the North Texas Council of Governments on the "Rowlett Creek Interjurisdictional Watershed Management Program" and that the Mayor appoint a Council Member to serve on the committee in accordance with the city staff's recommendation, as stated. The motion carried. At this time, Mayor Rodenbaugh appointed Council Member Gary Koch to serve on the committee. Consider an Ordinance Authorizing the Planning and Zoning Commission to Approve Final Plats Without Additional Approval by the City Council (Agenda Item VIII) Bill Petty, Director of Community Development, spoke before the Council on the drafting of an ordinance authorizing the Planning and Zoning Commission to approve final plats without the additional approval by the City Council as was discussed and directed by the Council at their regular meeting on November 1, 1984. Mr. Petty advised the Council that the City Attorney was in the process of writing the proposed ordinance but due to unforeseen circumstances, he was not able to have the ordinance completed for the Council's review at this meeting. G�i� ALLEN CITY COUNCIL November 15, 1989 Page 12 Consider an Ordinance Authorizing the Planning and Zoning Commission to Approve Final Plats (cont'd) (Agenda Item VIII) Mr. Petty advised that the ordinance would be forthcoming at the Council meeting to be held on December 6, 1989. This item was received as a matter of information. There was no action taken on this item. Fox & Jacobs' Request for Sewer Pro Rate (Agenda Item IX -A) Ernie Hoback, Director of Public Works, spoke before the Council on a request from Fox and Jacobs for the development of a sewer pro rata ordinance to help recoup the costs of constructing an off-site sewer lift station and sewer system in the area of development known as Glen Hollow and Collin Square, located west of Jupiter Road, north of Chapparal Road, east of State Highway 5 and south of the Windridge Addition. Mr. Hoback stated that before development began, Fox and Jacobs did not approach the city about entering into a facilities agreement for this project, perhaps due to a change in personnel in charge of this development. However, at this time Fox and Jacobs is requesting that the city enter into a sewer pro rata ordinance with them in that area to help recover some of the costs of the construction of the sewer system. Using a map of that area, Mr. Hoback reviewed with the Council the construction of the off-site sewer lift station and the location of the mains, he showed the area involved in the pro rata ordinance for the west side sewer system, which part of it does exist in this area, the area in which Fox & Jacobs is requesting a pro rata ordinance, and the areas of flow for both systems. There was considerable discussion by the City Council with the city staff on this request. Areas of discussion included just what area would be included in this pro rata ordinance, if the upcoming developments in that area were aware of this request for a pro rata ordinance and were they prepared to pay for those costs, not taking away any of the payback for the west side sewer system, how the pro rata ordinances were developed, how long this sewer system had been completed, and after considering all of the factors would a pro rata ordinance be advantageous to Fox and Jacobs. It was concluded that Mr. Hoback would take all of the information discussed by the City Council back to Fox and Jacobs for their review and consideration to see if they still wanted to proceed with this request. This item was received as a matter of information. There was no action taken on this item. Planning and Zoning Commission Holiday Meeting Schedule (Agenda Item IX -B) Bill Petty, Director of Communtiy Development, advised the Council that there would not be a regular meeting of the Planning and Zoning Commission on Thursday, November 22, 1989, due to the Thanksgiving Holiday. This item was received as a matter of information. There was no action taken on this item. 38? ALLEN CITY COUNCIL November 15, 1984 Page 13 General Discussion Bill Petty, Director of Community Development, advised the Council that when Freedom Financial Corporation had submitted their annexation and zoning requests, they had also paid another zoning application fee. Mr. Petty advised the Council that the city had just held on to that fee until the annexation and zoning had been approved. At this time, it needs to be determined whether the city will reimburse Freedom Financial Corporation with that fee or retain it. It was the consensus of the City Council that the check be returned, however, Councilman Paxton pointed out that if Freedom Financial Corporation wanted to be in strict compliance perhaps the check should be retained by the city. Mr. Petty also advised the Council that the Planning and Zoning Commission had decided to meet on the regular meeting date of Thursday, December 27, 1984. Now, however, they are contemplating whether they will meet or not. The decision will be made at their regular meeting on Thursday, December 13, 1984. City Manager Jon McCarty advised the Council that a meeting had been scheduled with the State Department of Highways and Public Transportation for Tuesday, December 4th, in order to discuss with them the upcoming plans for street improvements in the city and the state's participation in those projects. Mr. McCarty advised that Clarence Daugherty, Director of Public Works for Collin County, would also be attending and Mr. McCarty also requested that the Council Members of the Main Street Committee plan to attend this meeting with him. Councilman Womack advised that he may have a conflict on that date. Adjournment MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Koch, the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 9:50 p.m. on Thursday, November 15, 1984. The motion carried. These minutes approved on thisthe6th day of December 1984. Donald od Marty Hendrixp CITY SECRETARY CjE-m