Min - City Council - 1983 - 08/18 - RegularALLEN CITY COUNCIL
Regular Session
August 18, 1983
Present:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Don Rodenbaugh
Ward Paxton
Dennis Offutt
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was called to
order by Mayor Pierson at 7:30 p.m. on Thursday, August 18, 1983
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 Mayor Pro Tem Farmer and seconded
by Councilman Offutt, the Council voted 7 - 0 to approve
and adopt all items on the Consent Agenda as recommended
and as follows:
A. Approval of the August 4, 1983 City .Council Minutes -
Regular Session
B. Approval of the July 26, 1983 City Council/Planning
and Zoning Commission - Called - Special Work-
shop Session
C. Authorization to City Staff to pay bills associated
with the 1979 - 1982 Capital Improvements Program
as follows:
1. Barton Graphics, Inc.
$
2,210.85
Contract No. FS 8023 - Con-
struction of Service Center/
City Hall Annex - Exterior
Signage for Building, Glass
Bulletin Board, & Exterior
Ground Sign
2. Marquette Lease Services, Inc.
$
765.75
Contract No. 13216 - Lease
Purchase of Telephone System
for Allen Municipal Annex
3. DeShazo, Starek & Tang
$
5,449.82
Allen Main Street Alignment -
Consultant Services -
June 1 - July 31, 1983
The motion carried.
End of Consent Agenda
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ALLEN CITY COUNCIL
August 18, 1983 Page 2
Request to Appear from
Jess Holloway
(Agenda Item III)
Mr. Jesse Holloway appeared before the Allen City Council
to express his appreciation to the Allen Fire Department for
their rescue work when his son was involved in an accident.
Mr. Holloway advised of the incidents surrounding the
truck accident and the work done by the Fire Department to
rescue his son from the truck.
Mr. Holloway and his son, Mark, presented a plaque -of -
appreciation to Fire Chief Ron Gentry and the Allen Fire
Department to show their gratitude. Chief Gentry accepted
the plaque on behalf of the Fire Department and commended
his department on the work that they do.
Public Hearing: Rezoning & Site Plan
Approval - 12.8 Acres
From AO to PD
Location: West of S.H. 5 and
North of Cottonwood
Creek Shopping Center
Requestor: Weston Blair
and
175
Ordinance No. 449-8-63: An Ordinance
of the City of A en, Collin County,
Texas, Amending Comprehensive Zoning
Ordinance No. 366-10-81, as Previously
Amended, So as to Change the Following -
Described Tract of Land from AO (Agri-
cultural -Open Space) Classification to
PD (Planned Development) No. 10, Said
Tract of Land Being Described as Follows:
Approximately 12.8 Acres of Land Lying
in the Peter Wetsel Survey, Abstract No.
990, Collin County, Texas; Providing for
Use Regulations; Providing for a Site
Plan; Providing for a Penalty of Fine
Not to Exceed the Sum of Two Hundred
Dollars ($200.00) for Each Offense;
Providing a Severability Clause; and
Providing for the Effective Date of
Said Ordinance. (Agenda Item IV -A)
Mayor Pierson read the request into the record as follows:
"Public Hearing on a request for rezoning and site plan
approval request on 12.8 acres of land located west of
State Highway 5 and north of the Cottonwood Creek
Shopping Center."
Weston Blair, developer, presented to and spoke before the
Council on behalf of this request to rezone from AO to PD.
�+
Mr. Blair presented the proposed site plan for the 12.8
acres of land, showing the Planned Development of multi -family
use. The site plan showed the building locations for the 212
apartment units, the swimming pool, tennis courts, parking areas,
and open space/park areas.
Mr. Blair advised that the development would be constructed
in two phases, explained the exterior construction and interior
finishings, and showed slides of various apartments in other
cities and how landscaping can enhance the appearance of the units.
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ALLEN CITY COUNCIL
August 18, 1983 Page 3
Public Hearing: Rezoning & Site Plan
Approval - 12.8 Acres
From AO to PD and
Ordinance No. 449-8-83 (continued) (Agenda Item IV -A)
Mayor Pierson opened the public hearing.
No one appeared to speak either for or against this request.
�+ Mayor Pierson closed the public hearing.
Mayor Pierson advised that the Planning and Zoning Commission,
at their meeting of July 14, 1983, had recommended that the request
be approved contingent upon review of final landscape plan at the
time of platting and further recommended a reduction of thirty (30)
parking spaces from the plan to move the tennis court into an
open area and, therefore, reserve a large tree line which would
otherwise have to be partially removed.
The Council discussed the revisions recommended by the
Planning and Zoning Commission regarding the location of the
tennis court.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
approve the rezoning request on the 12.8 acres of land
in accordance with the recommendations of the Planning
and Zoning Commission, as stated, and to adopt Ordinance
No. 499-8-83. The motion carried.
Public Hearing: Rezoning Request on
409 Acres from LR,
R-4, R-5 and AO to
Planned Development
Location: East of Jupiter Road,
North of Chapparal
Road, West of Cotton-
wood Creek and South
of Park Place Drive
Requester: Don Bass (Agenda Item IV -B)
Mayor Pierson read the request into the record as follows:
"Public Hearing on a request for a rezoning request on
approximately 409 acres of land located adjacent and
east of Jupiter Road, adjacent and north of Chapparal
Road, adjacent and west of Cottonwood Creek and south
of Park Place Drive."
Don Bass, President of Bass Development, presented to
and spoke before the Council on behalf of this request.
Mr. Bass presented a color -coded planned development district
map showing 12 tracts of land as follows:
Tract 1 - Multi -family - 10.5+ Acres
Tract 2 - Park - 4.5+ Acres
Tract 3 - Single Family - 33.1+ Acres
Tract 4 - Single Family 68.7+ Acres
Tract 5 - Garden Homes - 42.6+ Acres
Tract 6 - Single Family - 73.3+ Acres
Tract 7 - Single Family - 61.6+ Acres
Tract 8 - Park - 17.6+ Acres
Tract 9 - Attached
Townhome - 18.2+ Acres
Tract 10 - Single Family- 37.2+ Acres
Tract 11 - Office - 6.2+ Acres
Tract 12 - Shopping
Center - 8.0+ Acres
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ALLEN CITY COUNCIL
August 18, 1983
Page 4
Public Hearing: Rezoning Request on
409 Acres from LR,
R-4, R-5 and AO to
(continued) Planned Development (Agenda Item IV -B)
Mr. J. T. Duncan, Planning Consultant, presented to the
Council the existing zoning on the property, being Local Retail,
R-4 (Residential), R-5
(Residential) and Agricultural Open Space
and showed the new proposed Planned Development zoning in com-
parison.
Mr. Duncan also pointed out the location of the creek and
sewer line in this area and explained the typography of the
land and explained its use in this development.
Mr. Bass explained the development of the different tracts
of land and the phase of the development and the proposed uses
in each of the tracts.
The Council discussed with Mr. Bass the areas to be developed
first, the high traffic area around the shopping center and office
location and its nearness to the school, and the amount of park
land for this large development.
Mayor Pierson opened the public hearing.
The following individual spoke before the Council in
opposition to this rezoning request:
Lee Reed, who lives on S.H. 5 south of Chapparal
With no one else wishing to speak either for or against
this request, Mayor Pierson closed the public hearing.
The Council discussed with Mr. Bass Tract 8, being a park
site, and the location of the creek and the bank area; the lot
areas and size of houses in the existing R-5 residential zoning;
the size of the lots in the single family tracts being too
small; the planned development being too dense.
Bill Petty, Director of Community Development, spoke before
the Council on the comparison of the existing residential zoning
as compared to the planned development tracts and explained the
approval process on this preliminary site plan, with further
review and approval to be made on each of the tracts in the
planned development as they are developed.
Mayor Pierson advised that the Planning and Zoning Com-
mission, at their meeting of July 14, 1983, had recommended
approval of the Planned Development Zoning District and the
preliminary site plan and had recommended that all tracts within
the development require final site plan approval, including the
single family residential.
The Council continued discussion on the planned development
regarding the high density, the location of the shopping center
and officesite being too close to the elementary school, the
findings of the Planning and Zoning Commission regarding how
this development will fit in with the Comprehensive Plan and the
distribution of the housing sizes and the phasing in of the
zoning tracts.
MOTION: A motion was made by Councilman McClure and seconded
by Councilman Womack to approve the rezoning request
as presented, and in accordance with the recommendations
of the Planning and Zoning Commission, as stated; and
to adopt the Planned Development Ordinance for
PD No. 11.
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ALLEN CITY COUNCIL
August 18, 1983 Page 5
Public Hearing: Rezoning Request on
409 Acres from LR,
R-4, R-5 and AO to
(continued) Planned Development (Agenda Item IV -B)
AMENDMENT TO
MOTION: A motion was made by Councilman Paxton and seconded
by Councilman Rodenbaugh to amend the main motion
to eliminate Tract 11 (Office) and Tract 12 (Shopping
Center) from the planned development and to extend
Tract 10 (Single Family) into the location of Tract
11 and to extend Tract 5 (Garden Homes) into the
location of Tract 12. The Council voted four (4)
for and three (3) opposed, with Mayor Pierson,
Councilman Womack and Councilman McClure casting
the negative votes, in favor of the amending motion.
The motion carried.
AMENDMENT TO
AMENDED MOTION: A motion was made by Councilman Offutt and seconded
by Councilman Paxton to amend the amended motion
to further eliminate Tract 5 (Garden Homes) and
extend Tract 6 (Single Family) into that location.
The Council voted four (4) for and three (3) opposed,
with Mayor Pierson, Councilman Womack and Councilman
McClure casting the negative votes, in favor of
the amending motion. The motion carried.
MOTION: Upon a motion made by Mayor Pro Tem Farmer, the Council
voted 7 - 0 to table action on this item. The motion
carried.
Mayor Pierson recessed the regular session of the Allen City
Council at 9:04 p.m. The meeting reconvened at 9:11 p.m.
Approval of Final Plat - Phase I,
Green Gate Addition (Agenda Item V)
Sam Wyse, representing General Homes Corporation, presented
to and spoke before the Council on the Final Plat of Phase I
of the Greengate Addition, located at the southwest corner of
F.M. 2170 and Malone Road.
Mr. Wyse reviewed the final plat which contained 137
residential lots, and showed the proposed streets layout, alleys,
and utility easements.
Mr. Wyse provided background information on General Homes
Corporation; advised of amenities such as sidewalks, sodded front
yards and fences which are included with these homes; advised of
the location and construction of the model homes and entryway to
the subdivision; and spoke about the construction of the extension
of Allen Heights Drive.
The Planning and Zoning Commission had recommended approval of
the Greengate Addition Final Plat - Phase I and recommended a
temporary turnaround be required on a dead-end alley which will
be extended into another phase of development and to further require
a living screen along Allen Heights Drive.
Mr. Wyse reviewed the areas on the plat which werereferenced
in the Planning and Zoning Commission's recommendations.
The Council discussed with Mr. Wyse the construction of Allen
Heights Drive and the importance of it in providing access to this
development; the lack of open space in this large residential
development; the density of the development; and the addition of
trees in the landscaping of the front yards.
ALLEN CITY COUNCIL
August 18, 1983
Page 6
Approval of Final Plat -
Phase I, Green Gate Addition
(Agenda Item V)
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Councilman Offutt, the Council voted 7 - 0 to approve
the Final Plat on Phase I of the Greengate Addition, in
accordance with the recommendations of the Planning and
(v Zoning Commission, as stated; and with the stipulation
that the extension of Allen Heights Drive be completed
before any building permits are issued in the subdivision.
The motion carried.
Resolution No. 450-8-83(R): A
Resolution y t e City Council,
City of Allen, Collin County, Texas,
Certifying and Approving the 1983
Tax Roll as Approved by the Collin
County Appraisal Review Board (Agenda Item VI -A)
Mayor Pierson advised of the proposed resolution certifying
and approving the 1983 Tax Roll.
MOTION: Upon a motion made by Councilman Womack and seconded by
Councilman Rodenbaugh, the Council voted 7 - 0 to
adopt Resolution No. 450-8-83(R) as captioned above.
The motion carried.
Set Public Hearing on Tax Rate
for Se tember 8 1983 (Agenda Item VI -B)
City Manager Jon McCarty advised the Council that the
proposed budget for the FY 1983 - 84 for the City of Allen
represents a 4.998 increase in the effective tax rate as
calculated in accordance with Section 26.04 of the Property
Tax Code.
Mr. McCarty then reviewed the two types of public hearing
notices as required by state law and pointed out the difference
between the two.
Mr. McCarty advised that the city staff's recommendation
was to use the Type A" notice and that the City Council establish
Thursday, September 8, 1983, at 7:30 p.m, in the Council Chambers
of the Allen Municipal Annex, One Butler Circle, as the public
hearing date, time, and location.
There was considerable discussion among the Council on the
calculation of the 4.998 increase; the variation of the two public
hearing notices; the proposed tax rate being too low for the proposed
budget and other areas of service such as the purchase of street
equipment, and developing --a Comprehensive Plan update; and the
proposed tax rate being too high.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted four (4) for
and three (3) opposed, with Councilman Paxton, Mayor
Pro Tem Farmer, and Councilman Offutt casting the
negative votes, to set the public hearing date on the
tax rate for Thursday, September 8, 1983, at 7:30 p.m.,
and to use the public hearing notice "Type A" to give
notice of such hearing. The motion carried.
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ALLEN CITY COUNCIL
August 18, 1983
Resolution Nof . 451-8-83(R):
A Resolution othe City of Allen,
Collin County, Texas, Affirming
the Intent of the City to Preserve
and Protect, Through the City's
Platting Process, the Necessary
Right of Way to Allow for a Freeway
Along State Highway 121 and Agreeing
That Collin County Coordinate the
Alignment for the Freeway Corridor.
Page 7
(Agenda Item VII)
Mayor Pierson advised the Council of the proposed resolution
and the background information on this thoroughfare and the joint
cooperation between the cities along S.H. 121 and Collin County.
City Manager McCarty advised the Council of the City of
Plano's recommendations on this matter and their response in
the form of a letter, which Mr. McCarty read a portion of for
the Council's information, wherein they indicated they were setting aside'
450' of right-of-way. Mr. McCarty advised that he wanted to check
with the City of Plano to see why the additional 50' was needed,
however, the resolution had been proposed as setting aside at least a
400' minimum.
The Council discussed the 400' right-of-way and how this
additional 50' of right-of-way would affect the outlet mall site
located at S.H. 121.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to adopt
Resolution No. 451-8-83(R). The motion carried.
Appointments to Boards
and Commissions (Agenda Item VIII)
City Secretary Marty Hendrix advised the City Council that
expiring terms of office were coming up the end of September for
two members of the Parks and Recreation Board, in addition to
one resignation, and three members of the Zoning Board of Adjust-
ment/Sign Control Board, and the City Health Officer.
Mrs. Hendrix advised that the Council would be considering
appointments to those places at the two Council meetings in
September in accordance with the appointments to boards and
commissions procedures.
The Council briefly discussed the upcoming appointments
and by consensus directed that an executive session be scheduled
for the City Council meeting of September lst in order to dis-
cuss these appointments.
Review Resolution Establishing
Boundaries Between the City of
Allen and the City of Lucas (Agenda Item IX)
Mayor Pierson provided background information of a meeting
with city officials of Lucas and the discussion of establishing
mutual boundaries between the two cities. The City of Lucas
had prepared the proposed resolution and provided copies to the
City of Allen for review and adoption.
Mayor Pierson further stated that in discussions with the
City Manager there needed to be some clarification on the measure-
ments of the distances on the roads. Therefore, the City Manager
requested that this item be placed on the next agenda in order
that discussions could be held with the City of Lucas to clear
up several questions.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Offutt, the Council voted 7 - 0 to table
this item until the next regular City Council Meeting of
September 1st. The motion carried.
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ALLEN CITY COUNCIL
August 18, 1983 Page 8
Police Report - July 1983 (Agenda Item X -A)
Police Chief Richard Carroll presented to and spoke before
the Council on the Consolidated Summary of Activities for the
Allen Police Department for the month of July, 1983.
The Council briefly reviewed the summary.
This item was received as a matter of information. There
was no action taken on this item.
Home Energy Audits by Lone
Star Gas (Agenda Item X -B)
City Manager McCarty advised the Council of the notification
by Lone Star Gas Company of the federal law that requires the
gas company to conduct 'free" energy audits for its customers
and that the costs for such audits would be spread out to all
classes of customers.
City Manager McCarty stated that an upcoming item before
the Council at a future meeting would be a request from Lone
Star Gas Company for a $2.00 surcharge to the customers to
cover the costs for the "free" audits.
There was considerable discussion on the "free" energy
audits and the surcharge to all of the customers.
This item was received as a matter of information. There
was no action taken on this item.
Rowlett Creek Sewer
(' Crossing (Agenda Item X-C)
City Manager McCarty provided background information on
the break in the Rowlett Creek Sewer Crossing in 1981 and
the extensive work done at that time to repair the line. The
sewer crossing is now in need of erosion protection on the
east and west banks and an estimated cost for such had been
provided by Shimek, Jacobs & Finklea, Consulting Engineers,
in the amount of $109,000.
City Manager McCarty advised that the costs seemed high
and that alternate methods were going to be study to try and
accomplish the erosion protection needed on the slopes of
both of the banks. Also, contact was going to be made with
the City of Plano and with the Los Rios Country Club in this
matter for their participation since this erosion problem
would also affect them.
The Council discussed the use of gabions to protect the
creek banks and reviewed photographs of the areas.
This item was received as a matter of information. There
was no action taken on this item.
General Discussion:
qQW City Manager McCarty advised the Council of the work that
the County had done on improvements to Allen Heights and
Jupiter Road by replacing the shoulders and resurfacing the
streets. Mr. McCarty stated that the County has agreed to use
the same process to make improvements to Jupiter Road, north
of F.M. 2170 and west of the Allen High School, for the amount
Of $8,000. At this time the city staff will proceed with this
work, with authorization from the Council to follow at a later
date.
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