Min - City Council - 1983 - 08/04 - RegularCITY OF ALLEN
ANNEXATION PUBLIC HEARING
August 4, 1983
130 acres
Present:
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
Bill Petty, Director of Community Development
The public hearing was called to order by City Manager
Jon McCarty at 12:00 p.m. on Thursday, August 4, 1983, on the
site of the 130 acres of land out of the John Davis Survey,
Abstract No. 255, and the Simon Burns Survey, Abstract No. 92.
The public hearing was held at the site of the intersection of
Sunny Slope Drive and Allen Heights Drive.
City Manager Jon McCarty advised that the 130 acres of
land had been requested to be annexed by Combined America Deve-
lopment.
City Manager McCarty presented the prepared Service Plan
for the 130 acres of land and advised that copies of the plan
were available for review.
City Manager McCarty opened the public hearing.
No one appeared to speak either for or against the annexation
request.
City Manager McCarty closed the public hearing at 12:08 p.m.
These minutes reviewed and approved on the 4th day of
August , 1983.
Marty Hendrix CITY SECRETARY
rd
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ALLEN CITY COUNCIL
Regular Session
August 4, 1983
Present•
Mickey Pierson, Mayor
Council Members•
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Don Rodenbaugh
Ward Paxton
Absent•
Dennis Offutt
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was called to
order by Mayor Pierson at 7:33 p.m. on Thursday, August 4, 1983,
in the Council Chambers of the Allen Municipal Annex, 1 Butler
Circle, Allen, Texas.
A. Approval of July 21, 1983 City Council Minutes -
Regular Session.
B. Authorization to City Staff to pay bills associated
with the Capital Improvements Program for 1979 - 1982
as follows:
1. Uvalde Construction Company $ 4,695.12
Contract No. 821004 - Construction
of Park Place Drive
Payment No. Four
2. Ronald E. Fix & Associates:
a. Contract No. 821004 - Construction
CONSENT AGENDA
(Agenda
Item II)
MOTION: Upon a motion made
by Councilman Womack and
seconded
by Councilman Rodenbaugh, the Council voted
6 - 0 to
429.00
approve and adopt
all items on the Consent Agenda as
recommended and as
follows:
A. Approval of July 21, 1983 City Council Minutes -
Regular Session.
B. Authorization to City Staff to pay bills associated
with the Capital Improvements Program for 1979 - 1982
as follows:
1. Uvalde Construction Company $ 4,695.12
Contract No. 821004 - Construction
of Park Place Drive
Payment No. Four
2. Ronald E. Fix & Associates:
a. Contract No. 821004 - Construction
$
94.98
of Park Place Drive - Engineering
Fee
b. Contract No. 820503C - Con-
$
429.00
struction of Utilities for
Jupiter Road Bridge - Inspections
C. Contract No. 821004 - Construction
$
1,286.00
of Park Place Drive - Inspection
Fee
3. Manufacturer's Outlet Center
$
931.54
Contract No. FS 8023 - Construction
of Service Center/City Hall Annex
Landscaping of Service Center -
Plants
/6�
ALLEN CITY COUNCIL
August 4, 1983 Page 2
CONSENT AGENDA (continued) (Agenda Item II)
4. Southern Tie, Inc. $ 125.00
Contract No. FS 8023 - Construction $ 55.00
of Service Center/City Hall Annex -
Landscaping of Service Center -
White Marble Rocks
5. Waller -Spears $ 54,250.83
Contract No. FS 8023 - Construction
of Service Center/City Hall Annex -
Payment No. 12 - Final Payment
C. Set September 1, 1983 as Public Hearing Date on a
Zoning Change Request from R-4 (Residential) to SC
(Shopping Center) Located at the Northwest Corner
of Chaparral Road and Jupiter Road.
D. Review Minutes of the Sign Control Board Granting
a Variance to Height and Face Size on a Sign for
Gulf Oil Company Located at U. S. 75 and F.M. 2170.
E. Set August 25, 1983, as a Called - Special Meeting
for the Allen City Council; set August 25, 1983 as
the Public Hearing Date on the 1983 - 84 Fiscal
Year Budget; and Set August 25, 1983 as Public
Hearing Date for the Revenue Sharing Budget.
The motion carried.
End of Consent Agenda
• Public Hearing: Rezoning Request
41.201 Acres from
R-2 to LR and R-4
Location: F.M. 2170/14alone Road
Requestor: Robert L. Carr (Agenda Item III -A)
Mayor Pierson read the request into the record as follows:
"Public Hearing to Consider a Request to Rezone 41.201 Acres
of Land from R-2 (Residential) to LR (Local Retail) and
R-4 (Residential) Located at the Southeast Corner of
F.M. 2170 and Malone Road."
Mr. W. J. "Buddy" Shepherd, with Starnes & Associates,
spoke before the Council on behalf of this request.
Mr. Shepherd presented a preliminary plat of the property
showing the portions to be rezoned from R-2 (Residential) to
LR (Local Retail) on 2.130 acres of land and to R-4 (Residential)
on 39.071 acres of land. The plat also showed the street layout,
the location of the 127 lots to be used for the single family
detached dwellings.
Mayor Pierson opened the public hearing.
IL The following individuals spoke before the Council in opposition
to the request and/or asked questions pertaining to the request:
Bill Beaty, Route 1 - High Point Estates
Waverly Hammond, Route 1 - High Point Estates
Larry Carver, Route 1 - High Point Estates
Bob Fahrenthold, Route 1 - High Point Estates
Wyvonne Robertson, Route 1 - High Point Estates, presented
the Council and the requestors a letter pertaining to
this development and how it will affect her property.
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ALLEN CITY COUNCIL
August 4, 1983 Page 3
Public Hearing: Rezoning Request
41.201 acres from
(continued) R-2 to LR & R-2 (Agenda Item III -A)
With no one else wishing to speak either for or against the
request, Mayor Pierson closed the public hearing.
The Council discussed the R-4 proposed zoning of this property
and the density of zoning on the adjacent property of R-5.
Mayor Pierson advised that the Planning and Zoning Commission,
at their meeting of June 23, 1983, had recommended to the City
Council that the request be approved.
The Council continued their discussion on the rezoning of
this property to the R-4 density.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted five (5) for
and one (1) opposed, with Councilman Paxton casting the
negative vote, to deny the rezoning request. The motion
carried.
Public Hearing: Annexation of 130 Acres
John Davis Survey, Abst. 255
Simon Burns Survey, Abst. 92
Location: South of F.M. 2170/East of
Allen Heights and West of
Greengate Addition
Requestor: Combined America Development (Agenda Item III -B)
Mayor Pierson read the request into the record as follows:
"Public Hearing to Consider a Request to Annex Approximately
130 Acres of Land Located Adjacent and South of F.M. 2170,
Adjacent and East of Allen Heights Drive and West of the
Greengate Addition."
City Manager Jon McCarty advised the Council that the on-
site public hearing was held at 12:00 noon at the intersection
of Sunny Slope Drive and Allen Heights Drive in accordance with
the requirements of state law.
Mayor Pierson opened the public hearing.
Russell Smith, representing Combined American Development,
spoke before the Council in favor of this request and advised
of the location of the property and the proposed zoning on the
tract of Planned Development and what was included in that
zoning for this property.
With no one else wishing to speak either for or against this
request, Mayor Pierson closed the public hearing.
City Manager McCarty advised that the annexation ordinance
would be prepared and presented to the Council at their meeting
of September 1, 1983.
There was no action taken on this item.
IZ6
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ALLEN CITY COUNCIL
August 4, 1983 Page 4
Public Hearing: Annexation of 183 Acres
Peter Fisher Survey,
Abst. 324
Location: South of Exchange Pkwy/
East of Timberbend Trail/
West of Malone Road/
North Of F.M. 2170
v
Requestor: Four -Way Development (Agenda Item III -C)
Mayor Pierson read the request into the record as follows:
"Public Hearing to Consider a Request to Annex Approximately
183 Acres of Land Located Adjacent and South of Exchange
Parkway, Adjacent and East of Timberbend Trail, Adjacent
and West of Malone Road and North of F.M. 2170."
City Manager Jon McCarty advised the Council that the on-
site public hearing was held at 11:00 a.m. at the intersection
of Exchange Parkway and Malone Road in accordance with the
requirements of state law.
Mayor Pierson opened the public hearing.
Greg Boyd, representing Four -Way Development, spoke before
the Council in favor of this request.
With no one else wishing to speak either for or against
this request, Mayor Pierson closed the Public Hearing.
City Manager McCarty advised that the annexation ordinance
would be prepared and presented to the Council at their meeting
of September 1, 1983.
There was no action taken on this item.
Preliminary & Final Plat - St. Jude
Catholic Church (Agenda Item IV)
Don Malone, a member of the St. Jude Catholic Church,
presented to and spoke before the Council on the preliminary
and final plat for the St. Jude Catholic Church, located
on the west side of State Highway 5, approximately 1000 feet
north of Exchange Parkway.
Mr. Malone reviewed the plat with the Council and
explained it showed the utility easements, street right-of-way,
fire lane easements, ingress/egress to the site, and the
location of the appoximately 10 acre site.
Bill Petty, Director of Community Development, spoke before
the Council on construction of the water line to this site and
the installation of fire hydrants. Mr. Petty advised that the
architect and engineer on this project have been advised by
the city that domestic service will be limited to a one inch
tap and a 3/4 inch domestic line from the meter until the
12" line along the church's property can be connected to the
city's extended water line.
The Planning and Zoning Commission recommended, at their
meeting of July 28, 1983, to the City Council that the preliminary
and final plat for the St. Jude Catholic Church be approved as
presented.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 6 - 0 to approve
the Preliminary and Final for the St. Jude Catholic
Church in accordance with the recommendation of the
Planning and Zoning Commission, as stated, and including
city staff's recommendation on the water line and fire
hydrants. The motion carried.
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ALLEN CITY COUNCIL
August 4, 1983 Page 5
Final Plat - Willow
Creek Estates
(Agenda Item V)
Tim Lackey, Project Manager with Worrell & Associates
presented to and spoke before the Council on the Final Plat for
the Willow Creek Estates, located west of State Hiahway 5, east
of the Southern Pacific Railroad Tracks and south of Keith Drive.
Also present at this meeting were Steve Goodman, with Goodman
Homes, and Ken Browning.
IL/ Mr. Lackey reviewed the plat with the City Council and
• advised that it showed the 30 one -acre lots for residential
development of R-2 zoning; the cul-de-sac street, Willow Creek
Circle, the utility easements, street right-of-way, the drainage
on this property, etc.
Mayor Pierson read the recommendations of the Planning and
Zoning Commission of their July 28, 1983 meeting which stated
that they recommended approval of the final plat for Willow
Creek Estates with variances that would allow the elimination
of sidewalks, alleys, curbs and open ditch drainage.
The Council discussed with Mr. Lackey, Mr. Goodman and
Mr. Browning the size of the houses to be built on the one acre
lots, the construction of the brick wall to be located at the
entrance of this development, the zoning of R-3 on this property,
construction of the street and the elimination of the curb and
the construction of the edge of the street with the open
drainage ditch, and the variances for no sidewalks, alleys, and
curbs.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted 6 - 0 to
approve the Final Plat for Willow Creek Estates
including the variances to allow no sidewalks, no
alleys, no curbs, and open ditch drainage in accordance
with the recommendations of the Planning and Zoning
Commission, as stated. The motion carried.
Mayor Pierson recessed the regular session of the Allen City
Council at 8:40 p.m. The meeting reconvened at 8:50 p.m.
Main Street Study Update (Agenda Item VI)
Mr. Mike Starek, a principal of the firm of DeShazo, Starek
and Tang, Inc., spoke before the Council of his work with the
Main Street Study Committee and the progress the committee has
made to date.
Mr. Starek presented a chart showing the various areas of
thought to be considered in the development of the routing of
Main Street through the city. Those items were:
Goals:
Transportation
Economic Impact
Social Environmental Impacts
Cost Funding/Phasing
Design Alternatives:
6 -lane
4/2 split
Couplet Concept
Combination
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ALLEN CITY COUNCIL
August 4, 1983
Page 6
Main Street Study Update (cont'd) (Agenda Item VI)
Key Things to Consider:
-Handle projected traffic based upon year 2010
-Don't cut diagonally through blocks
-Minimize impact on railroad
-Right-of-way minimize based on needs
-Don't mix through and retail trips
-Minimize impact on residential/business
-No one-way streets in downtown
-Aesthetic treatment
-Maximum parking
Mr. Starek reviewed all of these items with the Council
and advised that the committee was getting closer to making a
recommendation to the City Council.
The Council discussed with Mr. Starek the inclusion of
cost analysis in the recommendation and the means for alternative
funding of the project, if several alternatives would be proposed
or would just one recommended route be made, and that this study
and recommendation would result in a modification to the city's
thoroughfare plan.
City Manager McCarty further advised that the Council had
been provided information on the proposed bond sale approved
by the Collin County Commissioners Court which includes the
$1,312,500 as the county's participation in the construction
of F.M. 2170 east to U.S. 75.
This item was received as a matter of information. There
was no action taken on this item.
Ordinance No. 447-8-83: An
Ordinance of t e City Council of
the City of Allen, Collin County,
Texas, Establishing a Pro Rata
Charge as a Prerequisite to
Utilizing the Capacity of a
Specified Sanitary Sewer Line;
Providing a Severability; Pro-
viding a Penalty and Declaring
an Emergency. (Agenda Item VII)
Mayor Pierson advised the Council of the existence of
a private sewer line interconnecting a city sewer main with
the properties of the Sonic Drive -In, the Tuffy Car Wash
and Taco Delite, located on F.M. 2170 east of the Allen High School.
City Manager Jon McCarty presented a quadrant map of the
city's sewer lines and advised of the location of the private
sewer line and provided the history of the sewer line and the
need to correct the situation with the proposed ordinance.
Mr. McCarty reviewed the proposed ordinance with the
City Council and advised of the easements that had been
obtained, with the exception of the Tuffy Car Wash which was
in the process of being obtained.
The Council reviewed the ordinance and discussed the
amounts of pro rata per lots and the easements and the
changes that had been made in the easement presented to them.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Rodenbaugh, the Council voted 6 - 0 to
adopt Ordinance No. 447-8-83 as presented and approve
the easements per the recommendations of the city staff.
The motion carried.
ALLEN CITY COUNCIL
August 4, 1983 Page 7
Acknowledge Receipt of the
Fiscal Year 1983 - 84 Proposed
Budget (Agenda Item VIII)
Mayor Pierson advised the Council that in accordance with
the requirements of the Allen City Charter, the City Manager
had prepared a proposed budget for the fiscal year 1983 - 84
and had distributed copies to the City Council in a timely
manner.
By consensus, the City Council acknowledged receipt of the
fiscal year 1983 - 84 proposed budget.
Resolution No. 448-8-83(R): A
Resolution of -the City Council
of the City of Allen, Collin
County, Texas, Authorizing an
Adjustment to the 1982 Tax Roll
and a Refund Issued for Over-
payment of 1982 Taxes. (Agenda Item IX)
Mayor Pierson advised of the proposed resolution making
adjustments to the 1982 Tax Roll as recommended by the city's
Tax Collector/Assessor, Walter Curtis.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted 6 - 0 to
adopt Resolution No. 448-8-83(R) as presented. The
motion carried.
Tax Re ort - July 31, 1983 (Agenda Item X -A)
Walter Curtis, Tax Collector/Assessor, presented to and
spoke before the Council on the Schedule of Taxes Receivable
as of July 31, 1983.
The Council briefly reviewed the schedule and discussed
the percentage of collection to date.
This item was received as a matter of information. There
was no action taken on this item.
Jack Decatur Memorial (Agenda Item X -B)
City Manager McCarty reviewed with the Council the establish-
ment of the Jack Decatur Memorial funds and the completion of
the landscaping for that area. Plans were now being formulated
for the dedication of that area as well as the open house for
the Municipal Annex building.
The Council discussed the date for those ceremonies. It
was the consensus of the Council to hold the dedication of the
Jack Decatur Memorial and the open house of the Municipal Annex
on Sunday, September 18, 1983 at a time to be determined by the
city staff.
General Discussion
Councilman Don Rodenbaugh advised the Council of the
meeting of the Farmers Market Board to discuss perhaps the
closing of the market or the option of leasing it to an
individual and the concerns of doing that.
The Council discussed with Councilman Rodenbaugh their
feelings on the matter, the planning of the market and what
was the downfall of the market and their concerns if the
market is managed by a private individual.
Mayor Pro Tem Farmer updated the Council on the status
of the cable television company to provide educational channels
as set out in the cable television franchise agreement. The
Council also discussed the status of the assignment of cable
company to the new company, Communications Services, Inc.
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ALLEN CITY COUNCIL
August 4, 1983
Adjournment
Page 8
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 6 - 0 to
adjourn the regular session of the Allen City Council
at 10:05 P.M. The motion carried.
These minutes approved on the 18th day of Auqust 1983.
Marty Hendri CITY SECRETARY
A
/°/'r�-�
M. B. Pierson, MAYOR
121