Min - City Council - 1995 - 06/26 - WorkshopALLEN CITY COUNCIL
SPECIAL CALLED WORKSHOP
11:00 A.M. - MONDAY, JUNE 26, 1995
COUNCIL CHAMBERS
ALLEN MUNICIPAL ANNEX
ONE BUTLER CIRCLE
ALLEN,TEXAS
Present:
Joe Farmer, Mayor
Councilmembers•
Kevin Lilly, Mayor Pro Tem
David Kerr
Doug Gallagher
Mike Nichols
Steve Terrell
Sharon Hamner Brazeal
Call to Order and Announce a Ouorum is Present (Agenda [tem I)
With a quorum of the Councilmembers present, the Special Called Workshop Session of the Allen City
Council was called to order by Mayor Fanner at 11:08 a.m. on Monday, June 26, 1995, in the Council Chambers
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Review and Discuss Information Reeardine Gated Communities (Agenda Item II)
George Conner, Director of Public Works, distributed information including an opinion from the City
Attorney regarding gated communities. After research by the City Attorney's office, it was his opinion that the
City must convert public streets to private streets if accessed by the general public is prohibited or interfered with
by an entrance gate and/or guard. Any intent by a municipality to control access to streets while leaving them
dedicated as "public" is unlawful. He also distributed information regarding gated communities that had
previously been distributed including a McKinney ordinance and policies from the City of Plano. Finally, he
11distributed information provided by the Development Subcommittee including private street subdivision guidelines
and guidelines for development to be used for discussion purposes.
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
Richard Carroll, Police Chief
George Conner, Director of Public Works
Ron Gentry, Fire Chief
Bill Petty, Director of Community Development
David Pitstick, Director of Economic Development
Call to Order and Announce a Ouorum is Present (Agenda [tem I)
With a quorum of the Councilmembers present, the Special Called Workshop Session of the Allen City
Council was called to order by Mayor Fanner at 11:08 a.m. on Monday, June 26, 1995, in the Council Chambers
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Review and Discuss Information Reeardine Gated Communities (Agenda Item II)
George Conner, Director of Public Works, distributed information including an opinion from the City
Attorney regarding gated communities. After research by the City Attorney's office, it was his opinion that the
City must convert public streets to private streets if accessed by the general public is prohibited or interfered with
by an entrance gate and/or guard. Any intent by a municipality to control access to streets while leaving them
dedicated as "public" is unlawful. He also distributed information regarding gated communities that had
previously been distributed including a McKinney ordinance and policies from the City of Plano. Finally, he
11distributed information provided by the Development Subcommittee including private street subdivision guidelines
and guidelines for development to be used for discussion purposes.
ALLEN CITY COUNCIL
WORKSHOP SESSION
JUNE 26, 1995 PAGE 2
The Development Subcommittee indicated there was a definite need to deal with existing communities
requesting public streets becoming privately owned and developing standards for new construction of streets which
would not be dedicated to the City but retained by the homeowners for upkeep and ownership.
At the present time, the Woods Subdivision has requested to become a gated community It appears that
Twin Creeks may also request a new development to be a gated community some tune in the future.
Council reviewed the private street subdivision guidelines and agreed that the community needed to be
100% agreeable to the concept of a gated community and that a homeowners' association must be required for
a gated community The intent of the final two (2) paragraphs of "Private Street Subdivision Guidelines" under
Item 3 was requested to be listed as "General Guidelines." It was also noted that this issue deals with residential,
single-family dwellings, not multi -family
Discussion was held regarding the transfer back to the City of a street that had been kept up by the
homeowners but now the City would be asked for upkeep and ownership of the street. The Development
Subcommittee will be studying the minimum and maximum issue and look at the number of entrances to a
community. Development Subcommittee was asked that it should provide an orderly system by which these items
can occur but also that the property owner be held harmless.
Council felt this should be handled in a "stand alone' ordinance rather than a part of the zoning ordinance
but that requirements would allow the chain of command to go through the Planning and Zoning Commission
and then to the Council for three (3) out of four (4) vote if Planning and Zoning is recommending approval or
a super majority approval from Council for a Planning and Zoning denial.
Under "Guidelines for Development" Item 4 is to include secondary thoroughfares and it should not
impede the use of any thoroughfares; Item 5 — rather than being totally specific, we need to look at community
facilities as a general statement; Item 6 — the areas need to be considered either at construction or prior to
construction; and Item 7 — clarification needs to be made regarding the two (2) entrances and the mileage
stipulation.
Generally, the homeowner association documents need to be approved by the Secretary of State's office,
the City Attorney and the City to be assured that especially the funding mechanism is in Reserve Funds for the
maintenance of the streets, etc.
The actual gates will need to be approved by the Fire Marshal or in accordance with specifications in the
Fire Code. A fundamental issue needs to be relayed to all communities that are considering private streets; that
being, the Police Department will not have any authority with regard to speed limits and property maintenance
issues could become a problem. The officers of the homeowners' association may need to acknowledge certain
services that will no longer be provided by the City
Vision 2000 (Agenda Item 111)
There was no discussion concerning this item.
ALLEN CITY COUNCIL
WORKSHOP SESSION
JUNE 26, 1995 PAGE 3
Management Practices at Ford Pool (Agenda Item IV)
There was no discussion concerning this item.
Items of Interest (Agenda Item V)
City Manager Jon McCarty reviewed the mediation hearing that had been held the previous Friday,
June 23. The main issues discussed were acreage discrepancies, updated appraisal values, zoning considerations
and right-of-way for Exchange Parkway The Staff and Council were pleased with the outcome of the mediation
and will move forward.
Adjourn (Agenda Item VI)
The Special Called Workshop was adjourned at 1.12 P.M.
These minutes approved on the 6th day of July , 1995.
J Mon n, CMC, CTTY SECRETARY
APPROVED:
Joe Farmer, MAYOR