Min - City Council - 1985 - 04/04 - RegularALLEN CITY COUNCIL
REGULAR SESSION
April 4, 1985
Present•
Donald P. Rodenbaugh, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Rex Womack
Jim Wolfe
Ward Paxton
Absent:
Jim McClure
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 7:35 p.m. on Thursday, April 4,
1985, in the Council Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item II)
At the request of Councilman Paxton, Consent Agenda Item
II -D was removed for individual consideration.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Mayor Pro Tem Farmer, the Council voted 5 - 0 to
approve and adopt all remaining items on the Consent
Agenda as recommended and as follows:
A. Approval of the Joint Council and Planning and
Zoning Commission Public Hearings/Meetings on
Comprehensive Plan - March 5 and 6, 1985
B. Approval of City Council Minutes of March 21,
1985 - Regular Session.
C. Authorization to city staff to pay bills associated
with the 1979 - 82 Capital Improvements Program
as follows:
91
1. Marriott Brother, Inc.
$164,218.15
Contract for Street Overlay
Project - Period 2/85 - 3/85
Invoices 51909 and 51908
2. Gohmann of Texas
$ 3,234.31
Contract for Street Overlay
Project - Asphalt
Invoices 6630, 6645, 6672,
and 6686
3. Riffe Petroleum
$ 461.25
Contract for Street Overlay
Project - Emulsion
Invoices 125878 and 126159
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ALLEN CITY COUNCIL
April 9, 1985
Page 2
CONSENT AGENDA (Cont'd) (Agenda Item II)
E. Set May 2, 1985 as Public Hearing Date on a Request
for Site Plan Approval for the Allen Heights
Shopping Center Located in Planned Development
No. 1 at the Northwest Corner of Main Street and
Allen Heights Road, as requested by Robert M. Skiles,
agent for Blanchard Properties.
F. Set May 2, 1985 as Public Hearing Date on a Request
for Specific Use Permit for Wal-Mart to Allow the
Sale and Service of Tires, Batteries, and Accessories,
Located in the Cottonwood Creek Shopping Center at the
Northwest Corner of F.M. 2170 and S.H. 5, as
requested by Wal-Mart.
G. Schedule of Taxes Receivable as of February 28, 1985.
The motion carried.
End of Consent Agenda
Set April 18, 1985 as Public
Hearings Date to Consider
Annexation of Approximately
583.39 Acres Contained in 12
Separate Tracts and 39 Parcels
Located within the City's (Consent Agenda
Extraterritorial Jurisdiction Item II -D)
Councilman Paxton requested that this item be removed from
the Consent Agenda in order to receive an update from city staff
on the action taken thus far on this item.
City Manager Jon McCarty advised the Council of completion
of the annexation of the 583.39 acres in December of 1989 and the
report of the annexation submitted to the Texas Department of
Community Affairs in order to qualify for revenue sharing funds.
Mr. McCarty advised of the letter notification from the
Texas Department of Community Affairs advising that they could
not certify the annexation due to a technicality in the dates
between the holding of the public hearings and the date the
annexation proceedings were initiated. Mr. McCarty advised that
by state law the number of days between the two actions had to
be between 20 and 90 days. The city had only allowed 15 days
between the two actions.
Mr. McCarty advised that in order to correct the situation,
the city is proceeding with the annexation of the property again.
Mr. McCarty advised that he had sent letters to all of the property
owners involved advising them that they were not annexed into
the city officially, they would not be able to vote in the
upcoming City Council election, and they would not have to pay
taxes for 1985. He also advised them that the city would be
proceeding with the annexations again. He also advised that
he had notified the Tax Office and the Central Appraisal District.
The Council discussed with Mr. McCarty the impact on the
city in the form of revenue, such as property tax, and how much
the city would be losing. They also discussed the estimated
appraised value of the properties and the estimated tax dollars.
MOTION: Upon a motion made by Councilman Paxton and seconded by
Councilman Wolfe, the Council voted 5 - 0 to approve
the setting of the public hearings for April 18, 1985
on the annexation of the 583.39 acres contained in 12
separate tracts and 39 parcels. The motion carried.
9%
A
ALLEN CITY COUNCIL
April 4, 1985
Public Hearing: Request for Permanent
Zoning of R-2 and
R-4 on Approx. 56.8
Acres of Land
Location: West of F.M. 2551,
East of Malone Road,
and Approx. One -
Fourth Mile South
of F.M. 2170
Requestor: Marvin Shellev
and
Ordinance No. 597-4-85: 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 Establish
Permanent Zoning on 56.8 Acres of Land,
More or Less in the Following -Described
Tracts of Land, To -Wit: Tract A -
"R-2" (Residential) on 19.9793 Acres
of Land and Tract B - "R-4" (Residential)
on 36.8908 Acres of Land, Out of the
William Snyder Survey, Abstract No. 821,
Collin County, Texas, Located East of
Malone Road 1/4 Mile South of F.M. 2170;
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 Publication of a
Caption.
Page 3
(Agenda Item III -A)
Mayor Rodenbaugh read the request into the record as follows:
Public Hearing to Consider a Request for Permanent
Zoning of R-2 and R-4 (Residential) on Approximately
56.8 Acres of Land Located West of F.M. 2551, East
of Malone Road, and Approximately One -Fourth Mile
South of F.M. 2170 and Consider an Ordinance
Establishing Permanent Zoning."
Craig Curry, with Nelson Engineering and representing
Marvin Shelley, presented to and spoke before the Council on
behalf of this request for permanent zoning of 56.8 acres of
land out of the William Snider Survey, Abstract No. 821.
Mr. Curry advised the Council of the previous request the
property owner had submitted on this property and the denial of
the request by the Council.
Mr. Curry presented the new zoning plan for the property that
showed Tract A, containing 19.9793 acres, as R-2 (Residential)
and Tract B, containing 36.8908 acres, as R-4 (Residential).
Mr. Curry also presented a layout drawing of the subdivision.
Mayor Rodenbaugh opened the public hearing. No one appeared
to speak either for or against the request. Mayor Rodenbaugh
closed the public hearing.
The Planning and Zoning Commission, at their regular meeting
of February 28, 1985, recommended to the City Council approval
of the request for permanent zoning as submitted.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by
Councilman Womack, the Council voted 5 - 0 to approve
the request for permanent zoning of R-2 and R-4 (Residential)
as submitted in accordance with the recommendation of
the Planning and Zoning Commission, as stated; and to
adopt Ordinance No. 597-4-85, as captioned above.
The motion carried.
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ALLEN CITY COUNCIL
April 4, 1985
Page 4
Public Hearing: Request for Zoning
Change from R-2
(Residential) to
Zoning: R-5 (Residential
with Deed Restric-
tions) and LR
(Local Retail) on
9.18 Acres of Land
Location: North of F.M. 2170
at the Intersection
of Hillside Lane
Requester: Ethel Richards (Agenda Item III -B)
and
Ordinance No. 598-4-85: 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
Classifications of "R-2" (Residential)
to "R-5" (Residential with Deed
Restrictions) and LR (Local Retail),
Said Tract of Land Being Described
as Follows: Approximately 9.18 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;
and Providing an Effective Date of
This Ordinance; and Providing for
Publication of a Caption.
and
Resolution No. 599-4-85(R): A Resolution
of the City Council of the City of Allen,
Collin County, Texas, Adocting Certain
Voluntary Deed Restrictions on Approximately
9.18 Acres of Land Located North of F.M.
2170 at Approximately the Intersection
of Hillside Lane; 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.
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request for Zoning Change
from R-2 (Residential) to R-5 (Residential with Deed
Restrictions) and LR (Local Retail), on 9.18 Acres
Located North of F.M. 2170 at the Intersection of Hillside
Lane and Consider Adoption of an Ordinance Implementing
the Zoning Changes and a Resolution Accepting the Deed
Restrictions."
Pat Atkins, with Don A. Tipton Engineering and representing
property owner Ethel Richards,presented to and spoke before the
Council on this request for a zoning change on the 9.18 acres
of land out of the Peter Fisher Survey, Abstract No. 324.
Mr. Atkins presented a zoning map showing the 5 acre tract to
be zoned for LR (Local Retail) and 4.1 acre tract to be zoned for
R-5 (Residential). Mr. Atkins then presented a concept plan of the
two tracts, with the layout of the subdivision in the R-5 tract to
contain 13 residential lots located on a cul-de-sac street.
9C
ALLEN CITY COUNCIL
April 4, 1985
Page 5
Public Hearing: Zoning Change Request
from R-2 to R-5
Zoning: 9.18 Acres
Requestor: Ethel Richards (cont'd) (Agenda Item III -B)
Mr. Atkins reviewed the deed restrictions which stated that
the minimum floor area of any dwelling shall be sixteen hundred
square feet, exclusive of garages, breezeways, and porches.
Mr. Atkins reviewed for the Council the exact location of this
property and the zoning on the adjacent properties in this area.
The Council discussed the long strip of commercial development
along F.M. 2170 and perhaps breaking it up with all residential
zoning on this property. They also discussed that this property
was shown on the comprehensive plan to be commercial.
Mayor Rodenbaugh opened the public hearing. No one
appeared to speak either for or against this request for a
zoning change. Mayor Rodenbaugh closed the public hearing.
The Planning and Zoning Commission, at their regular
meeting of February 28, 1985, recommended to the City Council
approvalof the request as presented.
MOTION: Upon a motion made by Councilman Wolfe and seconded by
Councilman Womack, the Council voted four (4) for and
and one (1) opposed, with Councilman Paxton casting
the negative vote, to approve the zoning change as
requested in accordance with the recommendation of the
Planning and Zoning Commission, as stated; and to
adopt Ordinance No. 598-4-85, as captioned previously;
and to adopt Resolution No. 599-4-85(R), as captioned
previously. The motion carried.
Approve Right -of -Way Acquisition
Contracts for Main Street Project (Agenda Item IV)
City Manager Jon McCarty distributed to the Council copies
of five (5) contracts with property owners along Main Street.
Mr. McCarty explained that the contracts were from the
property owners along Main Street, being Francis Norton;
Carl H. Gilliland and Richard L. Chumbley; Ann Hefner; Maurice
Marion Bernheimer, Jimmie Mae Marion Boyd, Martha Anne Marion
Pitts, and Connie Lou Marion Betts; and Louis Rogers; and
represented the purchase of property by the city for street
right-of-way for improvements to Main Street (F.M. 2170).
Mr. McCarty explained to the Council that two of the
contracts had not been executed by the city due to some changes
in the wording of the contracts by the lawyer of the property
owners. Mr. McCarty pointed out that in Section XIII of both
contracts the wording had been changed to read "Seller's Expenses:
Seller shall have no expenses." Mr. McCarty advised that he
had contacted the lawyer for those parties and requested that
the wording be changed because there may be costs involved in
getting a clear title on the property that is owned by four
individuals, and that cost should be borne by the property
owners.
Mr. McCarty advised the Council that it was the city staff's
recommendation that the first three contracts, with Francis
Norton, Carl H. Gilliland and Richard L. Chumbley, and Ann Hefner
be approved as presented. That the Council approve the other two
contracts with the understanding that there will be a change
in Section XIII. In addition, Mr. McCarty advised that in the
last contract, with Louis Rogers, he also added an additional
paragraph in Section XIV which stated that he has already sold.
the structure on the property. Mr. McCarty stated that he
2L
ALLEN CITY COUNCIL
April 4, 1985 Page 6
Approve Right -of -Way Acquisition
Contracts for Main Street Project
(Agenda Item IV)
is requesting that the contract be approved with an additional
stipulation that the city have an addendum to the contract or
letter of understanding with the property ownerthat he does
intend to have the lot cleared. Mr. McCarty advised that this
would include the driveway, concrete supporting the pier and
beam and the plumbing and utilities. He advised that the city
wanted the shrubbery to remain, since the city could make use
of it.
The Council discussed with Mr. McCarty the portion of
Mr. Rogers' contract that stated that he will have 120 days
to remove the structure from the property and what action will
the city take if he has not complied with that portion of the
contract.
City Manager McCarty advised that for clarification, the
city would revert to paragraphs one and two under Section XIV
if he does not comply.
MOTION: Upon a motion made by Councilman Wolfe and seconded by
Mayor Pro Tem Farmer, the Council voted 5 - 0 to approve
the contracts with Francis Norton, Carl H. Gilliland
and Richard L. Chumbley, and Ann Hefner as presented;
to approve the contract with Maurice Marion Bernheimer,
Jimmie Mae Marion Boyd, Martha Anne Marion Pitts, and
Connie Lou Marion Betts pending the revision of Section
XIII; and to approve the contract with Louis Rogers
pending revision to Section XIII and a revision to
Section XIV in the form of an addendum of a letter of
understanding, per city staff recommendations. The motion
carried.
Council Photograph (Agenda Item V -B)
City Secretary Marty Hendrix advised the Council of the date
and time, being May 2, 1985 at 7:00 p.m., for the Council's
annual photograph.
This item was received as a matter of information. There
was no action taken on this item.
Schedule Canvass of
Election Returns (Agenda Item V -C)
City Secretary Marty Hendrix advised the Council that city
staff is recommending the canvass of the election returns for the
April 6th City Council Election be scheduled for Thursday,
April 11th, at 7:00 p.m. in the Council Chambers. Other agenda
items would include the resolution declaring the results, the
oaths -of -office, presentation of certificates of election and the
election of the mayor pro tem.
MOTION: Upon a motion made by Councilman Wolfe and seconded by
Mayor Pro Tem Farmer, the Council voted 5 - 0 to set
the canvass of the election returns for a called - special
meeting to be held on Thursday, April 11, 1985, at
7:00 p.m., in accordance with the city staff's
recommendation, as stated. The motion carried.
�F
ALLEN CITY COUNCIL
April 4, 1985
Page 7
Discuss Utal Development (Agenda Item V -C)
City Manager Jon McCarty advised the Council of the work
in progress on the item tabled by the City Council on the zoning
request by Utal Development. Mr. McCarty advised that a
transcription of the discussions at the Council meeting of March 7,
1985 was presented to the Planning and Zoning Commission, and
that city staff had proceeded with setting a public hearing
date on this request for April 18th.
Bill Petty, Director of Community Development, advised the
Council of the work by the Planning and Zoning Commission on
the review of this Utal Development request and of a exercise
on how to use the new Comprehensive Plan.
Mr. Petty advised that the Planning and Zoning Commission
is requesting a joint workshop session with the Council and city
staff in order to establish guidelines for administration of the
city's new Comprehensive Plan. He pointed out this workshop
would have nothing to do with the review of the Utal Development
request.
Mr. Petty advised that the two meeting nights that they
are proposing are Tuesday, April 9th or April 16th. The
Planning and Zoning Commission preferred the April 9th date.
Mr. Petty also advised of the work in progress by the Planning
and Zoning Commission on the Utal Development request which
includes a workshop session and a recommendation to be made at
their April 11th meeting.
The Council discussed the purpose of the meeting with
the Planning and Zoning Commission on the Comprehensive Plan
and the date of the meetinq.
By consensus, the Council scheduled the joint workshop
session with the Planning and Zoning Commission for Tuesday,
April 9, 1985.
This item was received as a matter of information. There
was no action taken on this item.
Adjournment
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 5 - 0 to
adjourn the regular session of the Allen City Council
at 8:35 p.m. on Thursday, April 4, 1985. The motion
carried.
These minutes approved on thel8thday of April
1985.
M-
-Marty Hendri CITY SECRETARY