Min - City Council - 1993 - 04/15 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 15, 1993
Present•.
Joe Farmer, Mayor
Councilmembers•
Kevin Lilly, Mayor Pro Tem
Mickey Christakos
David Bishop
Mike Nichols
Steve Terrell
Sharon Hamner
City af(:
Jon McCarty, City Manager
■E? Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:15 P.M.
With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City
Council was called to order by Mayor Farmer at 6:25 p.m. on Thursday, April 15, 1993, in the Lunch Room
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Open Council Discussion
(Agenda Item II)
It was reported from the Development Subcommittee that there would be several items being considered:
engineering on Exchange Parkway, Allen Heights linkage between FM 2170 and Bethany Road incurring
approximately $750,000 from street bonds leaving $250,000 in bond funds, and the Allen Economic Development
Board marketing strategy for the quadrant between Bethany and McDermott, east of US 75. It was felt Council
may need to put certain expectations on this marketing strategy with regard to timing and results and may be
considered by the Development Subcommittee. The Mayor requested information from Staff and the
Subcommittee prior to his appearance with the Allen Economic Board.
Early figures have been supplied by Jimmie Honea of the Central Appraisal District with regard to taxable
value in Allen. Figures show the City's estimated overall property value at $755 million which is a 3.53%
increase over last year. Although existing property values have still declined, new property value has increased
by $48 million and is responsible for the overall uptrend.
E ALLEN CITY COUNCIL
WORKSHOP SESSION
APRIL 15, 1993
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PAGE 2
The City Manager distributed information regarding final issues to be addressed by the Twin Creeks
proponents as a result of Council input.
Further discussions have been held regarding the Martinez alley. Prior to the closing of the alley, all the
residents have been notified and if there is no strong reaction for its closure that alley will be closed.
Discussion of Consent Agenda
and Ref l�gmda Items
There was no discussion on consent agenda items.
(Agenda Item III)
Discussion was held regarding Agenda Item V, Council Committee Reports. Services Subcommittee will
be interviewing architects for the Bethany Lakes community facility. Finance/Administration Subcommittee has
rescheduled their meeting to April 27. Mayor's Subcommittee reported finalization has taken place with TRW
and the Principal Financial Group regarding the joinder.
With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned
at 7:18 p.m. on Thursday, April 15, 1993.
REGULAR SESSION - 7:30 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was called
to order by Mayor Farmer at 7:30 p.m, on Thursday, April 15, 1993, in the Council Cbambers of the Allen
Municipal Amex, One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item IV)
MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop,
the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the
Consent Agenda as recommended and as follows:
A. Approve Minutes of March 26 and 27, 1993, Special Called Workshop.
B. Approve Minutes of Much 29, 1993, Special Called Joint Meeting with the Allen
Independent School District Board of Trustees.
C. Approve Minutes of April 1, 1993, Regular Meeting.
D. Approve Minutes of April 7, 1993, Special Called Workshop Regarding Twin Creeks
Zoning Proposal.
ALLEN CITY COUNCIL
WORKSHOP SESSION
APRIL 15, 1993
PAGE 3
E. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
1.
Acquisition Associates
$5,630.00
For: FM 2170 East ROW Acquisitions on Parcels 19,
5, 6, 8, 13, 16, 19, 20
1985 Street Bond Funds
Period: To Date
2.
Southland Technology, Inc.
$ 250.00
For: Library Automation Uninterruptible Power
Supplies
Interest Earned Bond Funds
Period: March 1993
3.
Circle M Nursery
$4,937.00
For: Country Meadows Upgrades—Purchase of 21
Red Oak, 6 Bradford Pear, 12 Crape Myrtle,
Plus Staking and Planting
1985 Park Bond Funds
Period: April 2, 1993
4.
Cummings & Pewitt
$2,350.00
For: Chaparral Sewer Professional & Technical
Services
Water & Sewer Revenue Bond Funds
Period: Thm Much 31, 1993
5.
Cummings & Pewitt
$5,550.00
For: TexetNS 75 Sewer Professional & Technical
Services
Water & Sewer Revenue Bond Funds
Period: Thm March 31, 1993
6.
Cummings & Pewitt
$2,550.00
For: FM 2170 Utility Relocation (water) Professional
& Technical Services
Water & Sewer Revenue Bond Funds
Period: Thm March 31, 1993
7.
Cummings & Pewitt
$1,547.00
For: FM 2170 Utility Relocation (sewer) Professional
& Technical Services
Water & Sewer Revenue Bond Funds
Period: Thm March 31, 1993
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ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 15, 1993
PAGE 4
8. Cummings & Pewitt $7,682.50
For: MCDermotUUS 75 Professional & Technical
Services
Water & Sewer Revenue Bond Funds
Period: Thm Much 31, 1993
9. Johnny R. McAdams $ 650.00
For: Upgrades to Bethany Lakes—Painting of Exterior
of Clubhouse
1985 Park Bond Funds
Period: Thru April 12
F. Tax Reports.
G. Award Bid for a 32 car Parking Lot for City Municipal Annex.
Council approved specifications and authorized Staff to award the bid for a 32 car
parking lot for the City Municipal Annex to SVA Concrete Co., Inc. with a total budget
of $25,101.
H. Set May 6, 1993, as Public Hearing Date on a Request to Change Zoning from
Agricultural -Open Space to Multi -Family 3 on 15.487 Acres Located West of SH 5
Immediately North of Cottonwood Creek Apartments.
The motion carried.
End of Consent Aeend
Council Committee Reports (Agenda Item V)
Development Subcommittee:
Engineering for Exchange between SH 5 and US 75
Marketing plans for Allen Economic Development property
Property maintenance codes study to be discussed at May 5 meeting
Services Subcommittee:
Architect interviews will be held for the Community Center
Finance/Administration Subcommittee:
Meeting has been scheduled for April 27
Mayor's Subcommittee:
Mayor has met with the Park Board and has scheduled the meeting with the Allen Economic
Board for April 20
Final TRW documents have been executed
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ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 15, 1993 PAGE 5
Citizen's Comments (Agenda Item VI)
Rod Parr, 914 Wandering Way, spoke before the Council:
• Restaurant association meeting in Dallas indicated difficulty in working with the City of Allen
• Distributed photographs showing trash left behind by BFI and high weeds and grass infractions.
Staff will review the BFI trash complaint and the high weeds and grass infractions.
Ralph LaRovere, 8 Wooded Lane, spoke before the Council regarding debris along FM 2170 West and
expressed a concern regarding the speed limit being "too fast."
Staff will contact the State Highway Department with regard to the speed limit.
Robert Butcher, 926 Rivercrest, requested a microphone system for the Councilmembers to accommodate
the hearing impaired in the audience.
A brief report was given on the Special Olympics taking place this weekend, Friday, April 16 and
Saturday, April 17.
Request to Appear by Allen Sports Association (Agenda Item VII)
Robin Sedlachek, 640 Autumn Oaks, Secretary/Treasurer for the Allen Sports Association, spoke before
the Council regarding the lack of game and practice fields to meet present needs. The Allen Sports Association
asked that Council consider the items presented and reply to the Board of Directors of the Allen Sports
Association by June 1, 1993.
Council has always had a genuine long-term interest in the park programs and continues to support a long-
term planning effort in this area. The Council, Park Board, Staff and ASA were encouraged to continue to work
for the betterment of the Allen Parks program.
Public Hearing on a Request to Amend Planned
Development Numbers 38, 20, 27 and 28; and
Flood Plain -Planned Development Numbers 23,
32 and 41, and a Request for Zoning on Property
Currently Zoned Agriculture -Open Space, to Three
Separate Planned Developments, Including a Total
of 2,684.90± Acres, and Amendment to the City of Allen
Thoroughfare Plan and Consider Ordinances Effecting
These Changes on Property Located West of US 75 and
North of FM 2170 as Requested by Richard Ferrera (Agenda Item VIII)
Mayor Farmer reviewed the process of the zoning request which included a series of workshops by the
Planning and Zoning Commission, a recommendation from the Planning and Zoning Commission, and a series
of workshops and meetings in process with the City Council.
ALLEN CITY COUNCIL
REGULAR SESSION
El APRIL 15, 1993 PAGE 6
Bill Petty, Community Development Director, introduced the zoning request by Twin Creeks, Green and
Whisenant Properties.
Richard Ferrara, President of Richard Ferrara Architects, Inc., reviewed the request with a slide
presentation. He reviewed the existing zoning and the requested zoning and discussed the hike and bike trails,
school locations, and thoroughfare projects.
Mayor Farmer read the request into the records as follows:
"Public Hearing on a Request to Amend Planned Development Numbers 38, 20, 27, and 28; and
Flood Plain -Planned Development Numbers 23, 32 and 41, and a Request for Zoning on Property
Currently Zoned Agriculture -Open Space, to Three Separate Planned Developments, Including
a Total of 2,684.90± Acres, and Amendment to the City of Allen Thoroughfare Plan and
Consider Ordinances Effecting These Changes on Property Located West of US 75 and North
of FM 2170 as Requested by Richard Ferrara."
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
Susan Redmond, 556 Fisher, spoke before the Council on behalf of the Allen Environmental Action
[' League. She reviewed five (5) issues with the Council which included safety, the hike and bike trails, protection
■fir of the open space and linear park plan, variances in the amount of community facilities to be dedicated and the
waiving of lot fees.
Kevin Pierce, 604 Sandy Creek, spoke before the Council regarding his concerns about the hike and bike
trail location and width.
Marie Rosenbaum, 717 Pulitzer Lane, spoke before the Council with regard to the safety factor involved
in the hike and bike trails being in close proximity with the golf course.
Jane Bennett, 1209 Lakewood Drive, spoke in support of the Allen Environmental Action League
presentation.
Ramona Corwin, 823 Clear Lake, expressed development versus environmental views and asked that
Council uphold the Comprehensive Plan standards.
Ralph LaRovere, 8 Wooded Lane, spoke in support of the Allen Environmental Action League statements.
Denise Lebowitz, 1520 Harvest Run, requested Council to uphold all the City documents and management
tools and stated her support of the Park Board recommendation regarding park land dedication, open -space and
linear park trails.
t Sotoria Montanari, 211 Sycamore Creek Road, spoke before the Council in support of the Allen
Environmental Action League statements.
Andy Coleman, 1205 Lakewood, spoke in support of the Allen Environmental Action League statements.
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 15, 1993 PAGE 7
Ella Chandler, 1413 E. 15th Street, Plano, Texas, spoke as a representative of the Collin County Open -
Space Board requesting the retention and integrity of the flood corridor. She requested that the trail system be
the City's primary concern which will then allow linkage between surrounding communities.
Mary McDermott Cook, McDermott Ranch, McDermott Road, spoke before the Council requesting
continued support of the greenbelt study which was partially funded by her mother. She asked that the document
be considered and upheld and that Council respect what has been done in the past.
BBI Fraser, Collin County Public Works, 210 S. McDonald Street, Suite 622, McKinney, Texas, spoke
in reference to the regional planning for Collin County open -space and asked that a priority be put on the
greenbelt with the golf course to come secondary. COG has been working on a regional open -space plan and
it is possible that funding may be available in the future for areas such as this.
Tom Gandy, 2024 West Kittyhawk, spoke in favor of the proponents request indicating their willingness
to work with the residents and their desire to come to an agreeable solution.
John Green, Route 1, spoke in favor of the proponents reminding Council that there have been many
amenities and improvements presented in this area and the whole picture needs to be kept in mind.
Bob Johnson, 198 Willow Creek, spoke of concerns regarding Exchange extension from US 75 to SH
121. He indicated he felt it would hurt the tax base along SH 121 and therefore, hurt the citizens of Allen.
Tommy Litters], 530 Windsor Drive, reminisced the open -space lakes, birds and flowers along the creek
area.
Gordon McIntyre, 744 Livingston Drive, requested that the west side consider youth parks and sports as
a priority issue.
Amy Monier, 6625 Ridgeview, Dallas, Texas, asked that Council adhere to the Comprehensive Plan,
move the golf course outside the creek, be aware of open -space regulations, and expressed concern about the
thoroughfare placement.
John Rapier, 900 Rush Creek, spoke on behalf of the Allen Chamber of Commerce in support of the
proponents request and asked that special attention be given to the commercial and light industrial zoning in this
area.
Carl Wilson, 1103 Meadow Creek, spoke in lieu of Eileen Tollett who felt the integrity of the linear park
system must be insured and that the Park Board recommendation regarding acreage must be considered.
Bill Wines, 7706 Laird's Lane, Dallas, Texas, spoke in opposition to the thoroughfare plan as proposed
by the proponent. If Exchange Parkway were approved, it would significantly delay the construction of service
roads and the freeway status of SH 121 which would cause a drop in property and sales tax revenues for the
citizens.
Robert Butcher, 926 Rivercrest, expressed concerns about traffic, hike and bike trails, tree preservation,
added citizens' trash and storm water run-off permits.
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 15, 1993 PAGE 8
Tim Wagner, 1109 Shade Tree, expressed concerns about the parks.
Gene Helmick Richardson, 807 Grassy Glen, expressed concern about golf worse run-off with regard
to herbicides.
With no one else speaking either for or against the request, Mayor Farmer closed the public hearing.
Richard Ferrara will be taking all the concerns listed in the public hearing under advisement at this time.
Bill Petty, Community Development Director, indicated that the final site plan would come to Council
with the exact location of the golf course and the hike and bike trails. The golf course is planned in Phase 1 of
the project and is scheduled to open in October, 1994. Council will, at this time, study the question and will be
focusing on the specifics.
Public Hearing on a Request to Change
Zoning on Two Parcels of Land from
Agriwlture-0pen Space (A-0) to
Planned -Development Residential 2 (PD -R2)
and from Residential 5 -Deed Restricted (R -5 -DR)
to PD -R2 with one Acre Minimum Lots Including Variances
to Alley, Street Paving, Drainage and Sidewalk
Requirements and Consider an Ordinance Effecting
this Change as Requested by Taylor Custom Homes (Agenda Item IX)
Bill Petty, Director of Community Development, reviewed the request for a planned development in
Buckingham Estates.
Mayor Farmer read the request into the records as follows:
"Public Hearing on a Request to Change Zoning on Two Parcels of land from Agriculture -Open
Space (A -O) to Planned -Development Residential 2 (PD -R2) and from Residential 5 -Deed
Restricted (R -5 -DR) to PD -R2 with one Acre Minimum Lots Including Variances to Alley, Street
Paving, Drainage and Sidewalk Requirements and Consider an Ordinance Effecting this Change
as Requested by Taylor Custom Homes."
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
Bob Taylor, 233 Rockridge Circle, spoke before the Council regarding the zoning request. He stated that
the request is consistent with current development and has the backing of other homeowners in the area.
With no one else speaking either for or against the request, Mayor Farmer closed the public hearing.
E ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 15, 1993
PAGE 9
The proponent will comply with the regulations of the R-2 Single Family residential district with the
following exceptions to the caning ordinance:
1. Minimum lot size shall be one acre (43,560 square feet).
2. There shall be a front yard setback having a depth of not less than fifty feet.
The following variances to the City of Allen Subdivision Ordinance are also requested
L Alleys not required.
2. Street paving width to be 24 feet, without curb and gutter.
3. Street pavement to be 2 inches H.M.A.C. over 10 inches crushed stone as per Collin County
requirements.
4. Sidewalks not required.
Ordinance No. 1165-493: An Ordinance of the City
of Allen, Collin County, Texas, Amending
Comprehensive Zoning Ordinance No. 929-11-57, as
Previously Amended, so as to Establish Permanent
Zoning, To -Wit: Planned Development No. 51 (PD
No. 511, on the Following -Described Tracts of Land:
2.5236 Acres of Land out of the James T. Roberts
Survey, Abstract No. 777, and 6.1609 Acres of Land
out of the Henry Wetzel Survey, Abstract No. 1026,
City of Allen, Collin County, Texas; Providing for
Land Use Plans and Development Standards;
Providing for a Penally of Fine Not to Exceed the
Sum of Two Thousand Dollars ($2,000.00) for Each
Offense; Providing for A Severability Clause; and
Providing for the Effective Date of Said Ordinance.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop, the
Council voted seven (7) for and none (0) opposed to approve Ordinance 1165-4-93 as previously
captioned in accordance with Planning and Zoning recommendation. The motion carried.
Public Hearing on a Request to Amend
Planned Development No. 33, Being Located
South of FM 2170 and East of South Fountain
Gate Drive as Requested by Tipton Engineering
and Consider an Ordinance Effecting this Change (Agenda Item X)
Bill Petty, Director of Community Development, presented the request for Shadow Lakes North to the
Council. Some of the key features of this proposal are the construction of the northern two lanes of Allen
Heights Drive and 25 feet of South Fountain Gate Drive. The necessary right-of-way for the construction of FM
2170 will be dedicated to the City of Allen when the subject property is platted. A hike and bike trail will also
be developed and additional landscaping will be included in the plan.
�+ ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 15, 1993 PAGE 10
Mayor Farmer read the request into the records as follows:
"Public Hearing on a Request to Amend Planned Development No. 33, Being Located South of
FM 2170 and East of South Fountain Gate Drive as Requested by Tipton Engineering and
Consider an Ordinance Effecting this Change."
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
Pat Adkins, Tipton Engineering, spoke regarding the Shadow Lakes North request. Jim Douglas, City
of Parker, spoke before the Council indicating he would like to move as quickly as possible on this project.
With no one else speaking either for or against the request, Mayor Farmer closed the public hearing.
Discussion was held regarding house sizes and lot sizes and the proponent agreed to include in the plan
the following house minimums:
Percentaee of Houses House Size
60% 1400 Square Feet
20% 1600 Square Feet
20% 1800 Square Feet
Although the concept plan has not been finalized, it was reviewed with the Council so they could get an
idea of what it would eventually look like.
Planning and Zoning Commission majority findings include the following:
1. FM 2170 street frontage will be improved by the elimination of the strip commercial zoning.
2. Construction of the roadways will benefit the City
3. Proponents willingness to enhance the linear park system is a benefit to the City.
4. Dedication of right-of-way for FM 2170 will occur at time of platting.
5. Benefits of proposal outweigh downzoning issue.
6. Traffic level of service is expected to be C.
7 Number of dwelling units is consistent with Comprehensive Plan.
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ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 15, 1993 PAGE 11
Planning and Zoning Commission minority findings include the following:
1. The loss of commercial zoning is not in best interests of City.
2. Elimination of multifamily not in best interests of City.
Ordinance No. 1166-4-93: An Ordinance of the City
of Allen, Collin County, Texas, Amending Ordinance
No. 6254-85 and Comprehensive Zoning Ordinance
No. 829-11-87, as Previously Amended, so as to
Change the Zoning on a Portion of Flood -Plain
Planned Development No. 33 (FP -PD No. 33) on the
Following -Described Tract of Land: 60.4951 Acres of
Land Out of the J. M. Davis Survey, Abstract No.
255, and the J. A. Taylor Survey Abstract No. 908,
City of Allen, Collin County, Texas; Providing for a
Land Use Plan and Development Standards;
Providing for a Penalty of Fine not to Exceed the
Sum of Two Thousand Dollars ($2,000.00) for Each
Offense; Providing for a Severability Clause; and
Providing for the Effective Date of Said Ordinance.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1166-4-93 as
previously captioned in accordance with Planning and Zoning recommendation and the additional
wording regarding previously noted house size requirements. The motion carried.
Other Business (Agenda Iters XI)
Legislative Report (Agenda Item XI -A)
Michael Stanger, Assistant to the City Manager, indicated the Trucking Deregulation Bill has passed and
discussed the Pesticide Use BHI, expansion of DFW Bill and was asked to research the bill regarding open space
exemptions of golf courses.
Calendar (Agenda Item )I -B)
April 19 7:00 p.m. Workshop at City Hall
April 27 9:00 a.m. Finance/Administration Subcommittee Meeting at City
Hall
Items of Interest (Agenda Item 3a4C)
It was announced a Town Hall meeting would be held in Wylie on April 24. If anyone was interested,
they were to R.S.V.P to the City Manager or City Secretary.
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 15, 1993
Executive Session
PAGE 12
(Agenda Item NM
In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(t), the Allen City
Council convened into Executive Session at 12:06 a.m. in the Conference Room of the Allen Municipal Annex,
One Bader Circle, Allen, Texas in order to discuss matters pertaining to Litigation - Perry vs. City of Allen.
The Executive Session was adjourned at 12:59 a.m.
Reconvene (Agenda Item XIII)
The Allen City Council reconvened into regular session at 1:00 a.m. on Friday, April 16, 1993, in the
Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive
Session.
Adjourn
(Agenda Item XIV)
MOTION: Upon a motion made by Councilmember Christakos and seconded by Mayor Pro Tem Lilly, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 1:01 a.m., on Friday, August 16, 1993. The motion carried.
These minutes approved on the 6th day of May-, 1993.
ATTEST:
4Jy Mor on, CITY SECRETARY
0
APPROVED:
ce Farmer, MAYOR