Min - City Council - 1993 - 05/06 - RegularALLEN CITY COUNCIL
SPECIAL CALLED AND REGULAR MEETING
MAY 6, 1993
Present
Joe Farmer, Mayor
Councilmembers:
Kevin Lilly, Mayor Pro Tem
Mickey Christakos
David Bishop
Mike Nichols
Steve Terrell
Sharon Hamner
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:00 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 6:15 p.m. on Thursday, May 6, 1993, in the Lunch Room of
the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Open Council Discussion
(Agenda Item 11)
Discussion was held regarding a plan of action with regard to the property maintenance ordinance
discussions. It was suggested that a citizen's board might be helpful in development of this ordinance as well
as a possible future appeals process. The Development Subcommittee was requested to outline the process and
inform the Council at a future date.
Discussion was held regarding the Hillside ballfields with regard to the deterioration of the fields, trash
accumulation and upkeep, and field usage (age of players). Specific comments were made with regard to a ditch
in the parking area at Hillside.
The City Manager reported Ron Gentry, Fire Chief, had an accident this week with a lawn mower which
required reconstructive surgery on his large toe.
Several Councilmembers reported they had attended the installation of officers for the Firefighters
Association in Allen the previous week.
ALLEN CITY COUNCIL
WORKSHOP SESSION
MAY 6, 1993 PAGE 2
It was reported that the Environmental Action League, along with a Councilmember, attended a press
conference sponsored by COG dealing with storm water drainage issues. It is expected that there will be a report
from the Environmental Action League during Citizen's Comments.
Discussion or Consent Agenda and Regular Agenda Items (Agenda Item HI)
Discussion was held regarding the design contract for Allen Heights Drive. Development Subcommittee
reported that the monies in the street bond funds would be down to $252,966 after this contract design money
has been earmarked.
Council did not report any committee actions at this time.
Discussion was held regarding Agenda Item VIII, Citizen's Comments. Environmental Action League
may be present this evening for citizen's comments.
Discussion was held regarding Agenda Item IX, Authorize Execution of a Contract with Morgan
Plumbing on the Adopt -a -Highway Program. Discussion was held regarding verbiage changes in this item.
Discussion was held regarding Agenda Item X, Consider Ordinances Effecting Zoning Changes on
Approximately 2,684.9 Acres of Land Located West of US 75 and North of FM 2170 Known as Twin Creeks
as Requested by Richard Ferrara Representing the Owners and Consider an Ordinance Amending the City's
Thoroughfare Plan. Mayor Farmer discussed the approach to consideration of Agenda Item X with regard to
Twin Creeks. Council will address the main topic and then consider each ordinance as a separate item.
With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned
at 7:07 p.m. on Thursday, May 6, 1993.
SPECIAL CALLED SESSION - 7:00 P.M.
With a quorum of the Councilmembers present, the special called session of the Allen City Council was
called to order by Mayor Farmer at 7:08 p.m. on Thursday, May 6, 1993, in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas,
Items Related to May 1. 1993, City Council Election (Agenda Item IV)
Canvass Election Results (Agenda Item IV -A)
City Secretary Judy Morrison reviewed for the City Council the election returns for the City Council
Election held on Saturday, May 1, 1993. Mrs. Morrison reviewed with the Council the handout materials which
included a record of ballot distribution, notice of total number of voters who had voted, return sheet for who
voted early, return sheet for voting on election day and a review of recent voting history The precinct returns
verify the following results:
ALLEN CITY COUNCIL
WORKSHOP SESSION
MAY 6, 1993
NAME OF CANDIDATE
Kevin L. Lilly
David Bishop DDS
Rod Parr
Steve Terrell
Resolution Declaring Results
COUNCILMEMBER - PLACE NO. 1
Resolution No. 1167-5-931RI: A Resolution of the
City Council of the City of Allen, Collin County,
Texas, Declaring the Results of the General Election
of the Allen City Council held on May 1, 1993.
- PLACE NO. 3
- PLACE NO. 5
PAGE 3
TOTAL NUMBER OF
VOTES RECEIVED
1693
1572
435
1672
(Agenda Item VI -B)
The proposed resolution shows cumulative votes cast in the election, being 2,053, with the following
individuals being declared to receive the highest number of votes and being declared as the official elected
Councilmembers:
Kevin L. Lilly - Place No. 1
David Bishop DDS - Place No. 3
Steve Terrell - Place No. 5
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councdmember Christakos,
the Council voted seven (7) for and none (0) opposed to approve and adopt Resolution No. 1167-
5-93(R) as previously captioned. The motion carried.
Administration of Oathsof-
Oftice and Certificates of Election (Agenda Item IV -C)
City Secretary Judy Morrison administered the oaths -of -office to re-elected Councilmembers Kevin L.
Lilly, Place No. 1, David Bishop DDS, Place No. 3, and Steve Terrell, Place No. 5.
Mayor Farmer presented Certificates of Election to Councilmembers Lilly, Bishop and Terrell and offered
congratulations to those individuals.
I
pia
11
ALLEN CITY COUNCIL
WORKSHOP SESSION
MAY 6, 1993
Election of Mayor Pro Tem
PAGE 4
(Agenda Item V)
The Allen City Council is authorized by the City Charter to elect from among themselves a Mayor Pro
Tem at the first meeting following the election. Councilmember Christakos nominated Councilmember Kevin
L. Lilly as Mayor Pro Tem for the Allen City Council.
MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Hammer,
the Council voted six (6) for and none (0) opposed with Kevin L. Lilly abstaining that
nominations cease and that Kevin L. Lilly be elected by acclamation to the designated place of
Mayor Pro Tem on the Allen City Council. The motion carried.
Council took a brief recess.
REGULAR SESSION - 7J0 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 7:33 p.m. on Thursday, May 6, 1993, in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item VI)
MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols,
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 April 15, 1993, Regular Meeting.
B. Approve Minutes of April 19, 1993, Special Called Workshop.
C. Approve Minutes of April 27, 1993, Special Called Workshop.
D. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
Graham Associates, Inc. $8,527.50
For: Field Survey on SH 5 Intersection Meeting with
Highway Department Revisions on Utility
Relocations and Consultant Comments and
Partial Design of Intersection and Transitions
1985 Street Bond Funds
Period: Thru April 20, 1993
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 6, 1993
2. Texas Contractors Supply
For: Purchase Flags for Railroad Notices
1985 Street Bond Funds
Period: April 22, 1993
3. Texas Contractors Supply
For: Survey Supplies for Railroad Crossings
1985 Street Bond Funds
Period: April 22, 1993
4. Harte Hanks
For: Advertising Notices:
1. Municipal Amex Parking Lot
2. FM 2170 Utility Relocation
I. -Interest Earned Bond Funds
2. -Water & Sewer Bond Funds
Period: March 1993
5. Boone Electric
PAGE 5
$ 10.20
$ 13.53
$ 144.00
$9,982.50
$ 22.80
$2,034.65
$3,858.14
$9,620.00
For: Lighting Upgrades (Jupiter Ballfields)
1985 Park Bond Funds
Period: April 1993
6.
Blair Graphics
For: Printing of Plans for Railroad Crossing Project
1985 Street Bond Funds
Period: April 22, 1993
7
Lollard Company
For: Purchase of Materials for Railroad
Reconstruction
1985 Street Bond Funds
Period: April 21, 1993
8.
City of Plano Accounting Department
For: Annual Hardware Maintenance for Automated
System
Interest Earned Bond Funds
Period: October 1992 - September 1993
9
Boone Electric Company
For: Bethany Lakes Ballfield Lighting Upgrades
1985 Park Bond Funds
Period: April 1993
PAGE 5
$ 10.20
$ 13.53
$ 144.00
$9,982.50
$ 22.80
$2,034.65
$3,858.14
$9,620.00
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 6, 1993
PAGE 6
10.
Elliott Electric Supply
$2,790.00
For: Lightbulbs for Hillside Ballfields
1985 Park Bond Funds
Period: April 1993
11.
Matrix Electric, Inc.
$5,300.20
For: Electrician Labor and Parts for Hillside
Ballfields
1985 Park Bond Funds
Period: April 1993
12.
Blair Grapbics
$ 52.20
For: Copies of Plats on Hillside, High School, and
Rountree School on FM 2170 East R.O.W.
G.O. Bonds
Period: April 30, 1993
13.
Frank Bartel Trucking, Inc.
$ 891.00
For: Hauling off of materials from McDermott
Railroad Tracks
1985 Street Bond Funds
Period: April 28, 1993
14.
Lattimore Materials
$19056.99
For: Four Loads of Flex Base Railroad Crossings
1985 Street Bond Funds
Period: April 21, 1993
15.
Acquisition Associates
$2,385.00
For: FM 2170 East of R.O.W. Acquisitions on
Parcels 8, 12, 21, 14, 20, 28
1985 Street Bond Funds
Period: To Date
16.
Boone Electric Company
$ 730.00
For: Lighting Upgrades - Electrician Labor and Parts
for Jupiter Ballfields
1985 Park Bond Funds
Period: April 1993
It
ALLEN CITY COUNCIL
or REGULAR SESSION
MAY 6, 1993 PAGE 7
E. Approve Awarding Design Contract for Allen Heights Drive.
Council authorized City Manager Jon McCarty to award a contract for the design of
Allen Heights Drive to Hunter Associates, Inc. with a total budget for design,
construction, ROW and lighting and landscaping for $750,000 from 1985 street bond
funds.
F. Consider an Ordinance Changing the Street Name of Intecom Drive to TRW Parkway.
Ordinance No. 1168-5-93: An Ordinance of the City of Allen, Collin County, Texas,
Changing the Name of Intecom Drive, Located in the Enterprise Addition to the City of
Allen, Texas, to TRW Parkway; and Providing for an Effective Date.
G. Resolution Authorizing Continuing Participation with the Collin Area Narcotics Task
Force.
Resolution No. 1169-5-93(R): A Resolution of the City Council of the City of Allen,
Texas Approving the Submission of a Grant Application to the Texas Criminal Justice
Division for a Joint Narcotics Task Force for Collin County, Pledging Payment of City
of Allen's Share of Cost of this Joint Narcotics Task Force, Approving Administration
of Grant Funds by the City of Richardson, and Providing for an Effective Date.
The motion carried.
End of Consent Agenda
Council Committee Reports
Development Subcommittee:
Development plan for 92 acre AEDC property
Temporary structures for TRW
Storm water drainage budget process
Property maintenance initiation
Finance/Administration Subcommittee:
Employee out -of -class pay
Vehicle equipment replacement policy
Services Subcommittee:
Architect selection
On-line library functions with the City of Plano
Mayor's Subcommittee:
CIIP meetings set for May 25 and May 27
Need to schedule Council of the Whole (COW) meeting
(Agenda Item VII)
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 6, 1993
Citizen's Comments
PAGE 8
(Agenda Item VHI)
Satoria Montanari, 211 Sycamore Creek, and Mona Corwin, 823 Clearlake, spoke before the Council
regarding the intent of the Environmental Action League to make people aware of what goes in the drain ends
up in the creek. Their focus will be on prevention in the near future and would like to work with the City to this
end.
Authorize Execution of a Contract with
Morgan Plumbing on the Adopt -a -Highway Program (Agenda Item M
Travis and Judy Morgan with Morgan Plumbing have agreed to adopt a section of Bethany Road
beginning at SH 5 and continuing to Cottonwood Creek and agreed to take action to control the litter problem
within said section of SH 5 performing certain tasks during a one year period from May 6, 1993 to May 6, 1994.
MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop,
the Council voted seven (7) for and none (0) opposed to authorize the Mayor to execute a
contract for the Adopt -a -Highway Program and recognize Morgan Plumbing for their community
service. The motion carried.
Consider Ordinances Effecting Zoning Changes
on Approximately 2,684.9 Acres of Land Located
West of US 75 and North of FM 2170 Known as
Twin Creeks as Requested by Richard Ferrara
Representing the Owners and Consider an
Ordinance Amending the City's Thoroughfare Plan (Agenda Item J)
Mayor Farmer introduced the Briar Ridge/Arvida/Green/Whisenant zoning request and clarified the
procedure for the evening. A public hearing and three workshops have been held to this point and additional
materials have been submitted to the Council this week for review
Bill Petty, Director of Community Development, reviewed the amendments that have been submitted by
the proponent and the proponent agreed that he was aware of the paperwork that the Council had before them.
A notation was made on page VII -3, Item 2 -A -c Briar Ridge Investments is to be changed to owner/developer.
Item 2-A-0 Briar Ridge Investments to be changed to owner/developer. Add the following verbiage to the
paragraph "or 75% of all single family lots are developed in Twin Creeks proper" (this would be approximately
3,000 homes).
Eileen Tollett, 404 Watson, complimented John Garcia, Rhoda Savage, the Council and developers on
the process of this request. She also requested that assurances be made regarding public access, public safety
and expressed concern regarding the waiver of the park dedication fee and the "Force Majeure" clause.
Amy Monier, 6625 Ridgeview, Montgomery Farm, complimented the Council, Planning and Zoning and
the developer on the compromise met on the development.
Mary McDermott, McDermott Ranch, indicated she felt a good compromise was met but asked that the
City Council look to the future of the City and not sell the present short.
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 6, 1993
PAGE 9
Ralph LaRovere, 8 Wooded Lane, expressed concerns regarding the lighted ballfields on McDermott with
regard to safety, traffic and aesthetics and requested the Council to consider relocating them to be near a school
area.
Tommy Litteral, 530 Windsor Drive, reminisced the good aspects of Mother Nature and requested that
be considered in this development.
Susan Redmond, 556 Fisher Drive, spoke on behalf of the Environmental Action League in favor of the
recent submission and the compromise between the development and the City regarding this development.
Discussion was held regarding the method of fulfilling park dedication requirements through fees in lieu
of acres. The proposal requires land dedication to be 53 acres. Proposed land dedication (not flood -plains) is
45 acres with 8 acres of land remaining to be dedicated. Fee requirements in lieu of 8 acres is $142,648. The
total estimated value of improvements in lieu of fees by the developer is $661,000.
MOTION: A motion was made by Councilmember Nichols and seconded by Councilmember Terrell to
approve the Twin Creeks development proposal of 5/4/93 with the following additional changes
being accepted by the developer as amendments, of approximately 2,684.9 acres of land located
west of US 75 and north of FM 2170 as requested by Richard Ferrara.
Comments and Clarifications:
Net acres is only useable land.
The request deals with the land, not a specific owner.
If additional requests are to be made regarding the lighted ballfields, all requests will be
made through the City Manager prior to construction, otherwise City specifications will
be adhered to during the construction.
Changes to the Twin Creeks Zoning Request:
Page IV4 (white) -- Height regulations are approved by the Planning and Zoning
Commission.
4-7-9a (white) -- Last sentence to read "Screening shall be subject to approval by the City
of Allen."
IV -14 (white) — To the usage of Building Materials sales, add "no outside display."
VII -4-f — Add sentence to paragraph: "Construction to be in accordance with City of
Allen's standards.
VII -6-d — Paragraph 1 — Last sentence should read "during that time, the City of Allen
may acquire this parcel at the owner's cost, interest based upon note of entire tract, total
taxes during time held, and maintenance of property (high weeds and grass)."
VII -7-8 -- in reference to "Force Majeure" remove statement "inability to obtain
materials, services or supplies"
VB -7 — first paragraph should read: "at the time the 11± acre park and Rowlett Creek
linear greenbelt land is dedicated, the developer shall file certain deed restrictions related
to the use, building construction, fencing, and signage not normal to activity of the park.
Any of the above listed changes must be approved by the developer."
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 6, 1993
PAGE 10
VI -3-6 (white) — cul-de-sac length should read "the length of cul-de-sacs may exceed 600
feet provided that the Fire Marshal has determined that emergency access is available to
all units to be served. In no case shall a cul-de-sac length exceed 1,000 feet."
VII -7-9 -- Second paragraph should end with "The City shall not impose any further
asessment on the property or any owners of the property in connection with the City's
Park Dedication Ordinance No. 1102-4-92." This second paragraph shall also be added
as stated above to the Green and Whisenant properties on pages 4 and 7.
Council expressed appreciation to the Park Board, the Planning and Zoning, citizens input and City Staff
during the process of considering this request. They look forward to the development and its impact on the City
of Allen.
MOTION: As previously stated, a motion was made by Councilmember Nichols and seconded by
Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve the
Twin Creeks development proposal with the preceding additional changes being accepted by the
developer as amendments, of approximately 2,684.9 acres of land located west of US 75 and
north of FM 2170 as requested by Richard Ferrara, and the Council voted seven (7) for and none
(0) opposed in favor of the motion. The motion carried.
Ordinance No. 1170-5-93: An Ordinance of the City
of Allen, Collin County, Texas, Repealing Ordinance
No. 523-6-84 (Planned Development No. 23) and
Amending Comprehensive Zoning Ordinance No. 829-
11-87, as Previously Amended, so as to Establish
Permanent Zoning, To -Wit: Planned Development
No. 52 (PD No. 52), on the Following -Described Tract
of Land: 152.8 Acres of Land out of the James W.
Parsons Survey, Abstract No. 704, City of Allen,
Collin County, Texas; Providing for a Land Use Plan,
Area and Use Regulations 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 Councilmember Hamner and seconded by Mayor Pro Tem Lilly, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1170-5-93 as
previously captioned in accordance with Planning and Zoning recommendation. The motion
carried.
Ordinance No, 1171-5-93: An Ordinance of the City
of Allen, Collin County, Texas, Repealing Ordinance
No. 728-9-86 (Planned Development No. 38) and
Amending Comprehensive Zoning Ordinance No. 829-
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 6, 1993
11-870 as Previously Amended, so as to Establish
Permanent Zoning, To -Wit: Planned Development
No. 53 (PD No. 53), on the Following -Described Tract
of Land: 160.770 Acres of Land out of the Mary
Standifer Survey, Abstract No. 812, City of Allen,
Collin County, Texas; Providing for a Land Use Plan,
Area and Use Regulations 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 fora Severability Clause;
and Providing for the Effective Date of Said
Ordinance.
PAGE 11
MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols,
the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1171-5-93 as
previously captioned in accordance with Planning and Zoning recommendation. The motion
carried.
Ordinance No. 1172-5-93: An Ordinance of the City
of Allen, Collin County, Texas, Repealing Ordinance
Nos. 613-6-85 (Planned Development No. 32), 732-9-
86 (Planned Development No. 41), 503.4-84 (Planned
Development No. 20), 537-8-84 (Planned Development
No. 27), and 538-8-84 (Planned Development No. 28);
and Changing that Certain Tract in Abstract No. 854
of the Alfred Slack Survey from Agriculture -Open
Space (A-0) and Amending Comprehensive Zoning
Ordinance No. 829-11-87, as Previously Amended, so
as to Establish Permanent Zoning, To -Wit: Flood.
Plain Planned Development No. 54 (FP -PD No. 54),
on the Following -Described Tracts of Land: 242.7
Acres of land in Abstract No. 274 of the J. J.
Driggers Survey and Abstract No. 489 of the
Shadrick Jackson Survey; 15.7 Acres of Land in
Abstract No. 914 of the D. M. Tucker Survey; 100.1
Acres of Land in Abstract No. 110 of the Henry
Brandenburg Survey and Abstract No. 705 of the J.
W. Parsons Survey; 91.9 Acres of Land in Abstract
No. 110 of the Henry Brandenburg Survey; 741.1
Acres of Land in Abstract No. 347 of the Jesse A.
Gough Survey, Abstract No. 914 of the David M.
Tucker Survey, Abstract No. 704 of the James W.
Parsons Survey, Abstract No. 854 of the Alfred Slack
Survey, Abstract No. 381 of the Isaac Herring
Survey, and Abstract No. 47 of the Joab Butler
Survey; 147.6 Acres of Land in Abstract No. 347 of
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 6, 1993
the Jesse A. Gough Survey and Abstract No. 854 of
the Alfred Slack Survey; 64.6 Acres of Land in
Abstract No. 711 of the Catherine Parsons Survey;
6.1 Acres of Land in Abstract No. 711 of the
Catherine Parsons Survey; 123.4 Acres of Land in
Abstract No. 711 of the Catherine Parsons Survey;
165.3 Acres of Land in Abstract No. 711 of the
Catherine Parsons Survey; 13.7 Acres of Land in
Abstract No. 711 of the Catherine Parsons Survey;
15.5 Acres of Land in Abstract No. 711 of the
Catherine Parsons Survey; 196.0 Acres of Land in
Abstract No. 544 of the Michael Lee Survey; 36.2
Acres of Land in Abstract No. 325 of the John Fykes
Survey; 21.5 Acres of Land in Abstract No. 325 of
the John Fykes Survey and Abstract No. 702 of the
L. K. Pegues Survey; 66.7 Acres of Land in Abstract
No. 702 of the L. K. Pegues Survey and Abstract No.
325 of the John Fykes Survey; 8.6 Acres of Land in
Abstract No. 325 of the John Fykes Survey and
Abstract No. 484 of the W. J. Jackson Survey; 4.1
Acres of Land in Abstract No. 711 of the Catherine
Parsons Survey; 8.3 Acres of Land in Abstract No.
711 of the Catherine Parsons Survey; 20.9 Acres of
Land in Abstract No. 711 of the Catherine Parsons
Survey; 28.0 Acres of Land in Abstract No. 711 of
the Catherine Parsons Survey; 64.8 Acres of Land in
Abstract No. 711 of the Catherine Parsons Survey;
38.4 Acres of Land in Abstract No. 484 of the W. J.
Jackson Survey and in Abstract No. 713 of the A. B.
Perrin Survey; 48.0 Acres or Land in Abstract No.
713 of the A. B. Perrin Survey, Abstract No. 708 of
the W. M. Perrin Survey and Abstract No. 711 of the
Catherine Parsons; 13.8 Acres of Land in Abstract
No. 484 of W. J. Jackson Survey; 46.0 Acres of Land
in Abstract No. 484 of the W. J. Jackson Survey; and
42.4 Acres of Land in Abstract No. 484 of the W. J.
Jackson Survey and in Abstract No. 713 of the A. B.
Perrin Survey, City of Allen, Collin County, Texas;
Providing for Exhibit "A" Legal Description, Exhibit
"B" Land Use Plan, Exhibit "C" Height Restrictions,
Community Facilities, Exhibit "D" Recreation and
Greenbelt Plan, Exhibit "E" Golf Club and
Community Recreation and Greenbelt Plan, Exhibit
"F" Golf Course/1Fike and Bike Site Plan, Exhibit
"G" Phase One Concept Plan, and Exhibit "H" Area
and Use Regulations and Development Standards;
PAGE 12
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 6, 1993 PAGE 13
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 Councilmember Nichols and seconded by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1172-5-93 as
previously captioned and in accordance with Planning and Zoning recommendation. The motion
carried.
Ordinance No. 1173-5-93: An Ordinance of the City
of Allen, Collin County, Texas, Amending Ordinance
No. 1105-5-92, 1992 Comprehensive Plan, by
Amending the Major Thoroughfare Plan to Realign
Exchange Parkway and Eliminate Portions of Bethany
Drive and Portions of Bray Central Drive.
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 No. 1173-5-93 as
previously captioned and in accordance with Planning and Zoning recommendation. The motion
carried.
Public Hearing 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 as Requested by J. W. Reed and
Consider an Ordinance Effecting this Change (Agenda Item XI)
Bill Petty, Director of Community Development, presented the request for Multi -Family 3 zoning on a
15.487 acre tract of land located north on Cottonwood Creek Apartments, west of SH 5.
Mayor Farmer read the request into the records as follows:
"Public hearing 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 as
requested by J. W. Reed 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.
Mike O'Connor, 1319 Thoreau Lane, spoke before the Council regarding concerns of increased traffic
on SH 5, increased cost for infrastructure and additional strains on schools for anticipated children.
With no one else speaking either for or against the request, Mayor Farmer closed the public hearing.
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 6, 1993
PAGE 14
Jim Batten, 5121 Sunnydale Court, Plano, spoke for the proponent regarding the 208 -unit complex to be
constructed at this site. A right-hand turn lane is being added to alleviate certain traffic problems into the
complex and the free flowing streams will take place of the sewer ditch now present on the property. Planning
and Zoning Commission findings are as follows:
1. The use is compatible to adjacent uses.
2. The density proposed is compatible to adjacent property.
3. The neighborhood district allows the proposed density.
4. The use is consistent with the development strategy of the 1992 Comprehensive Plan.
5. Appropriate right-of-way is being dedicated for SH 5.
6. Topography enhances the area for MF -3 zoning.
Ordinance No. 1174-5-93: An Ordinance of the City
of Allen, Collin County, Texas, Amending
Comprehensive Zoning Ordinance No. 829-11-87, as
Previously Amended, so as to Establish Permanent
Zoning To -Wit: Multi -Family 3 (MF -3) on the
Following -Described Tract of Land: 15.487 Acres of
Land out of the Peter Weisel Survey, Abstract No.
990, City of Allen, Collin County, Texas; Providing
for a Penalty of Fine not to Exceed the Sum or Two
Thousand Dollars ($2,000.00) for Each Offense;
Providing for a Severability Clause; and Providing
for the Effective Date or Said Ordinance.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop, the
Council voted six (6) for and one (1) opposed with Councilmember Sharon Hamner casting the
negative vote to approve Ordinance No. 1174-5-93 as previously captioned in accordance with
Planning and Zoning recommendation. The motion carried.
Public Hearing on a Request to Amend Current
Zoning from Office -DR, Local Retail, Multi-ramily
(DR), Town Home (DR), and Single Family -DR, to
Single Family R-4 (DR), Single Family R-5 (DR),
Garden Homes (DR), Local Retail Located at the
Northwest Corner of FM 2170 and Malone Road as
Requested by Heath and Knight Properties, Inc.,
and Consider an Ordinance Effecting this Chance (Agenda Item XII)
Bill Petty, Director of Community Development, presented the request to amend zoning in Morningside
Addition to the Council.
E Hammond Heath, 16660 Dallas Parkway, 111400, Dallas, Heath and Knight Properties, spoke before the
Council regarding his request. In addition to the information presented to the Council, Mr. Heath requested that
the Council consider eliminating the 3.8 acres of retail on this property. Mr. Heath reviewed with the Council
his concerns regarding certain strip zoning areas in neighboring cities and the impact of strip zoning in areas that
ALLEN CITY COUNCIL
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MAY 6, 1993
PAGE 15
are not able to support such zoning. 1. T Duncan also discussed zoning at low -traffic or undesired areas and
the impact on those cities.
Mayor Farmer read the request into the records as follows:
"Public hearing on a request to amend current zoning from office -DR, local retail, multi -family
(DR), town home (DR), and single family - DR, to single family R-4 (DR), single family R-5
(DR), garden homes (DR), local retail located at the northwest corner of FM 2170 and Malone
Road as requested by Heath and Knight Properties, Inc., 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.
Norman Moder, 1508 Quail Run Drive, spoke in favor of the proposed request and distributed
photographs of other developments by the proponent showing the quality of the development.
With no one else speaking either for or against the request, Mayor Farmer closed the public hearing.
Discussion was held by the Council regarding the need for the City to determine where retail is needed.
In the past, speculators have requested more zoning than a City could support due to financial agreements with
the lenders. Council expressed a need to consider this topic and if the City needs to head in another direction,
the entire subject needs to be reconsidered.
Park lands will be addressed with fees in lieu of land on this particular property.
Ordinance No. 1175-5-93: An Ordinance of the City
of Allen, Collin County, Texas, Repealing Ordinance
No. 535-8-84 and Amending Comprehensive Zoning
Ordinance No. 829-11-87, as Previously Amended, to
Establish Permanent Zoning on 139.148 Acres of
Land in the Peter Fisher Survey, Abstract No. 324,
City of Allen, Collin County, Texas, as Follows, lo-
wit: "R4(R)" on 35.2 Acres of Land; "B -5(R)" on
70.9 Acres of Land, "GH(R)" Garden Home on 29.2
Acres of Land; and, "LR" Local Retail on 3.8 Acres
of Land; Providing for Exhibit "A" Legal Description;
Providing for Exhibit "B" Land Use Plan; 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 Councilmember Nichols and seconded by Mayor Pro Tem Lilly, the
Council voted seven (7) for and none (0) opposed to deny the request of the proponent to
eliminate the entire local retail zoning on this property of 3.8 acres. The motion carried.
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MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Christakos,
the Council voted five (5) for and two (2) opposed with Mayor Pro Tem Lilly and
Councilmember Hamner casting the negative votes to approve Ordinance No. 1175-5-93 as
previously captioned in accordance with Planning and Zoning recommendation. The motion
carried.
Consider Recommendation from Planning and Zoning
Commission to Adopt a Resolution Finding "Outdoor
Produce Market," with Definition, as a New and
Unlisted Use and Designating Appropriate Zoning Districts (Agenda Item XIII)
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Christakos,
the Council voted seven (7) for and none (0) opposed to table the recommendation from Planning
and Zoning Commission to adopt a Resolution finding outdoor produce with definition as new
and unlisted use in designating appropriate zoning districts. The motion carried.
Award Bid, Approve Budget and Authorize Execution
of a Contract for FM 2170/US 75 Utility Relocation (Agenda Item MY)
Bids were received on the utility relocation for FM 2170 from SH 5 to Allen Heights Drive on May 3,
1993.
1992 WATER & SEWER REVENUE BOND STATUS - MAY 6, 1993
Issue $1,405,000
Engineering Contracts,
Printing & Misc.,
Acquisition Associates,
Easements FM 2170 $139,000
McDermott/US 75
(Less $59,040 from Impact Fees) $160,390
10% Contingency 21,943
$182,333
FM 2170 (Allen Heights to SH 5) $891,430
5% Contingency 45.570
$937,000
Remaining Bond Funds $146,667
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MAY 6, 1993
PAGE 17
MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem Lilly, the
Council voted seven (7) for and none (0) opposed to award the bid to J. C. Evans Construction,
Inc. for the FM 2170/US 75 utility relocation and to authorize the City Manager to enter into a
contract with J C. Evans Construction, Inc. with the budget to be set at $241,373 (including a
10% contingency) with funds to be allocated of $59,040 from the Water Impact Fees and
$182,333 from 1992 Water and Sewer Revenue Bonds. The motion carried.
Award Bid, Approve Budget and Authorize Execution
of a Contract for FM 2170 East Utility Relocation (Agenda Item XV)
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to award the bid for the FM 2170 - Allen
Heights to SH 5 utility relocation to J. C. Evans Construction, Inc. and to authorize the City
Manager to enter into a contract with J. C. Evans Construction, Inc., with a budget to be set at
$937,000 (including 5% contingency) with funds of $937,000 to be allocated from the 1992
Water and Sewer Revenue Bonds. The motion carried.
Approve Architect Selection and Authorize Contracting
for Design and Planning Services for Park Facilities (Agenda Item XVI)
Rhoda Savage, Director of Parks and Recreation, reviewed with the Council the process established in
selecting an architect to design the recreation center and Bethany Lakes primary building. The Services
Subcommittee, City Manager, and Parks and Recreation Department Director reviewed the resumes submitted
to the City for specific qualifications and determined which firms should be considered further. The Parks and
Recreation Director checked references and visited facilities prior to selection of three firms for inclusion on the
City's short list. Those firms were mailed requests for proposals and a series of presentations/interviews
established. The short list firms included Oglesby Group, Phelps/Woods and Ron Hobbs, Architect. The
interview committee consisted of two Councilmembers, two Parks and Recreation Board members and two Staff
members. Interviews were held on Friday, April 30, 1993.
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 the selection of Ron Hobbs,
Architect, for the recreation center with the cost amount of $1.2 million and Bethany Lakes main
facility for $188,000 with funds to be expended for architectural fees, site preparation, building
construction, furnishings, contingencies (10%) and landscaping in accordance with Staff, Services
Subcommittee and Parks and Recreation Board Architectural Review Committee recommendation.
The motion carried.
0
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Other Business (Agenda Item XVII)
Review Board and Commission Appointment
Calendar for Spring Appointments (Agenda Item XVD-A)
Judy Morrison, City Secretary, reviewed the tentative calendar for activities related to the appointment
process for Boards and Commission. Each subcommittee is to appoint a delegate for the interview committee
by the next meeting on May 20.
Legislative Report (Agenda Item XVD-B)
Michael Stanger, Assistant to the City Manager, reviewed several legislative items for the Council.
Calendar (Agenda Item XVII -C)
May 25 CIIP Meeting — 7:00 p.m. Vaughan Elementary
May 27 CIIP Meeting — 7:00 p.m. Rountree Elementary
June 3 Board Reception — 6:30 p.m.
June 9 Leach Children's Presentation — 7:00 p.m. Library
TML Conference (Agenda Item XVII -D)
Information was distributed regarding the Challenge of Change conference sponsored by the Association
of Mayors, Councilmembers and Commissioners to be held in Plano, July 22 - July 25. Council was encouraged
to attend since the conference was very convenient. Notify Judy Morrison or Jon McCarty with regard to
attendance plans.
Update on Strategic Planning (Agenda Item XVII -E)
Michael Stanger, Assistant to the City Manager, distributed information regarding the issues and general
goals as an outcome of the Spring Planning Session on Much 26 and 27, 1993.
Items of Interest (Agenda Item XVII -F)
Councilmembers were requested to relay to the City Manager any information or thoughts regarding the
contents of CIIP meetings.
Councilmember David Bishop was not feeling well and left the meeting.
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MAY 6, 1993
Executive Session
PAGE 19
(Agenda Item XVIII)
In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(r), the Allen City
Council wnvened into Executive Session at 12:36 p.m. in the Conference Room of the Allen Municipal Annex,
One Butler Circle, Allen, Texas in order to discuss matters pertaining to (I) Staff Presentation on FM 2170 East
and (2) Staff Presentation on Economic Development.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem Lilly, the
Council voted six (6) for and none (0) opposed to approve Alternate No. 1 and Alternate No. 2
and authorize Staff to work with Txdot and property owners to effect those changes in the design
of FM 2170 East necessary to complete the project. The motion carried.
The Executive Session was adjourned at 1:50 a.m
Reconvene (Agenda Item XIX)
The Allen City Council reconvened into regular session at 1:51 a.m. on Friday, May 7, 1993, in the
Council Chambers of the Allen Municipal Annex.
Adjourn (Agenda Item XX)
MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Hamner,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 1:52 a.m., on Friday, May 7, 1993. The motion carried.
These minutes approved on the 20th day of -MU-, 1993.
APPROVED:
doe Farmer, MAYOR
ATTEST:
TAR
Joy Mo son, CITY SECRETARY