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Min - City Council - 1996 - 03/07 - RegularALLEN CITY COUNCIL REGULAR MEETING MARCH 7, 1996 Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:15 P.M. With a quorum of the Councihnembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:20 p.m. on Thursday, March 7, 1996, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. (Agenda Item II) Council was informed that rather than having a ground breaking for Fire Station No. 3, typically the City participates in an 'open house" after the project is completed In response to a memo from the Fire Chief, the City Manager informed the Council it was suggested the new fire station be named after Scott Brombacher. Partners in Mobility Transportation Summits are being planned for Thursday, March 21 at DFW and a Texas transportation presentation on Thursday, March 28 in Austin. Arrangements will be made for those who are interested in attending these meetings. Council was updated on a Staff retreat this past week during which time the department heads developed and listed issues, participated in a personality profile, developed a vision statement and a second list of issues. A meeting was held with the City and Chamber representatives this past week and it was agreed upon that there will be ajoint meeting with all three (3) entities, City, school and chamber, to discuss various issues. A report from the Chamber will be included in the Spring Planning Session and it was hoped that a "State of the City" and a "State of the Chamber" would be shared annually Present: Joe Farmer, Mayor Councilmembers: David Kerr Doug Gallagher Mike Nichols Steve Terrell David Bishop C;tv Staff: ALLEN CITY COUNCIL REGULAR MEETING MARCH 7, 1996 Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:15 P.M. With a quorum of the Councihnembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:20 p.m. on Thursday, March 7, 1996, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. (Agenda Item II) Council was informed that rather than having a ground breaking for Fire Station No. 3, typically the City participates in an 'open house" after the project is completed In response to a memo from the Fire Chief, the City Manager informed the Council it was suggested the new fire station be named after Scott Brombacher. Partners in Mobility Transportation Summits are being planned for Thursday, March 21 at DFW and a Texas transportation presentation on Thursday, March 28 in Austin. Arrangements will be made for those who are interested in attending these meetings. Council was updated on a Staff retreat this past week during which time the department heads developed and listed issues, participated in a personality profile, developed a vision statement and a second list of issues. A meeting was held with the City and Chamber representatives this past week and it was agreed upon that there will be ajoint meeting with all three (3) entities, City, school and chamber, to discuss various issues. A report from the Chamber will be included in the Spring Planning Session and it was hoped that a "State of the City" and a "State of the Chamber" would be shared annually 9 ALLEN CITY COUNCIL WORKSHOP SESSION L MARCH 7, 1996 PAGE 2 The joint workshop between the City Council and the Planning & Zoning Commission needs to be changed from March 20 to another date Citizens may be present this evening to discuss overhead electrical wires by Bethany Road and another group may be here to discuss the cleaning up of Cottonwood Creek. There will be a one-half cent sales tax meeting at 10:00 a.m. in the Library on Saturday, March 9 Council was briefed on the changes to the school zone ordinance. Discussion of Consent Agenda and Reodu Agenda Items (Agenda Item Ilq There was no discussion concerning the Consent Agenda or Regular Agenda items With no discussion concerning the agenda, the workshop session of the Allen City Council was recessed at 6:58 p in. on Thursday, March 7, 1996. EXECUTIVE SESSION (Agenda Item IV) In accordance with the Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 7:00 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to (A) Appointments to Vacancies and (B) Staff Presentation on Economic Development Issues The Executive Session was recessed at 7:20 p m _qr111J nitl&y*3.)OWEkA11l A i With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7:33 p.m on Thursday, March 7, 1996 in the Council Chambers of the Allen Municipal Annex. One Butler Circle, Allen, Texas. Accept Resignations and Declare Vacancies for Place No. 1 on the Allen City Council and Place No. 3 of the Planning & Zoning Commission (Agenda Item V) The Allen City Council received resignation letters from Kevin L. Lilly resigning from Place No 1 of the Allen City Council and from Noel E. Crume resigning from Place No. 3 on the Planning & Zoning Commission. MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Kerr, the Council voted six (6) for and none (0) opposed to accept the resignations and declare vacancies for Place No 1 on the Allen City Council and Place No 3 of the Planning & Zoning Commission. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION MARCH 7, 1996 PAGE 3 Consider Action on Itenis Dior xi ed Durim Executive Se%ion (Agenda Item VI) Appointment to Place No. 1 on the Allen City Council Councilmember Bishop placed the following name in nomination for the specific place on the Allen City Council Allen City Council Place No. 1 - Lonnie Thomas The current term of Place No 1 will expire May, 1997 MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Bishop, the Council voted six (6) for and none (0) opposed that the nominations cease and that the individual previously nominated be appointed by acclamation to the designated place on the Allen City Council. The motion carried. CONSENT AGENDA (Agenda Item VII) Councilmember Ken requested that Item B, Approve Minutes of the February 29, 1996, Joint Meeting of Allen City Council/Planning & Zoning Commission, be removed from the Consent Agenda in accordance with Staff recommendation MOTION: Upon a motion made by Kerr and a second by Councilmember Gallagher, the Council voted six (6) for and none (0) opposed to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A Approve Minutes of the February 15, 1996, Regular Meeting. C. Confirm Action of Sign Control Board to Grant Variance to Amerihost Development for an Increase in Class 6 Sign Size to 158 Square Feet, Increase in Height to 50 Feet, Located Closer than 30 Feet to Adjacent Property Line. D. Accept 1994-95 Financial Report. E Adopt an Ordinance Effecting Annexation of an 85.0851 t Acre Tract of Land Located Immediately North of Bethany Road and East of Bethany Lakes Park as Requested by Ann Moore Vigil and Linda Sue Moore. Ordinance No. 1406-3-96: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately 85.0851± Acres Located in the Simon Burns Survey, Abstract No. 92, Collin County, Texas and Extending the Boundary Limits of the City so as to Include Said Hereinafter - Described Property within the City Limits and Granting to all Inhabitants and Owners of ALLEN CITY COUNCIL REGULAR SESSION MARCH 7, 1996 PAGE 4 Said Property all of the Rights and Privileges of Other Citizens and Binding all Inhabitants by all the Ordinances, Acts, Resolutions and Regulations of Said City; Providing a Severability Clause; and Providing for the Effective Date of Said Ordinance Adopt an Ordinance Effecting Annexation of Approximately 1153.849± Acres in the Southwest Quadrant South of FM 2170 and West of US 75 of the City of Allen's Extra Territorial Jurisdiction (ETJ). G W Ford Survey, Parcel Number 29 Consisting of 48.3312± Acres Being Tract 2-9, 2 Abstract 1018, Joseph H. Wilcox Survey; Parcel Number 30 Consisting of 48.8188± Acres Being Tract 6, Abstract 1018, Joseph H. Wilcox Survey; Parcel Number 31 Consisting of 25.5± Acres Being Tract 5, Abstract 1018, Joseph H. Wilcox Survey; Parcel Number 32 Consisting of 10.7± Acres Being Tract 17, Abstract 854, Alfred Slack Survey; Parcel Number 33 Consisting of 19 5± Acres Being Tract 18, Abstract 854, Alfred Slack Ordinance No. 1407-3-96: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately 1153.849} Acres Being the Following Tracts: Parcel Number 1 Consisting of 41.69± Acres Being Tract 2, Abstract 668, David H Nix Survey, Parcel Number 2 Consisting of 2.00± Acres Being Tract 1, Abstract 500, T G. Kennedy Survey; Parcel Number 3 Consisting of 38.58± Acres Being Tract 7, Abstract 1017, Joseph H Wilcox Survey; Parcel Number 4 Consisting of 4.017± Acres Being Tract 5, Abstract 1017, Joseph Wilcox Survey; Parcel Number 5 Consisting of 17.68± Acres Being Tract 3-9, Abstract 1017, Joseph Wilcox Survey; Parcel Number 6 Consisting of 2.00± Acres Being Tract 3, Abstract 1017, Joseph Wilcox Survey; Parcel Number 7 Consisting of 8.00± Acres Being Tract 4, Abstract 47, Josh Butler Survey; Parcel Number 8 Consisting of 2.31± Acres Being Tract 2, Abstract 47, Josh Butler Survey; Parcel Number 9 Consisting of 3.9± Acres Being Tract 9, Abstract 854, Alfred Slack Survey; Parcel Number 10 Consisting of 2 261 ± Acres Being Tract 7, Abstract 854, Alfred Slack Survey; Parcel Number 11 Consisting of 2.00± Acres Being Tract 6, Abstract 47, Joab Butler Survey; Parcel Number 12 Consisting of .08± Acres Being Tract 9, Abstract 1017, Joseph Wilcox Survey; Parcel Number 13 Consisting of 13.00± Acres Being Tract 1, Abstract 668, David H Nix Survey; Parcel Number 14 Consisting of 52 522± Acres Being Tract 11, Abstract 543. Michael See Survey, Parcel Number 15 Consisting of 325.628± Acres Being Tracts 2 and 2-9, Abstract 500, T G. Kennedy Survey; Parcel Number 16 Consisting of 111 43± Acres Being Tract 6, Abstract 500, T G Kennedy Survey; Parcel Number 17 Consisting of 19.862± Acres Being Tract 8, Abstract 500, T G. Kennedy Survey; Parcel Number 18 Consisting of 3.275± Acres Being Tract 1, Abstract 875, Rufus Sewell Survey; Parcel Number 19 Consisting of 8.258± Acres Being Tract 14, Abstract 543, Michael See Survey; Parcel Number 20 Consistmg of 14 157± Acres Being Tract 15, Abstract 543, Michael See Survey, Parcel Number 21 Consisting of 7 42± Acres Being Tract 3, 3-9, Abstract 854, Alfred Slack Survey; Parcel Number 22 Consisting of 5 5± Acres Being Tract 3, Abstract 1018, Joseph H Wilcox Survey, Parcel Number 23 Consisting of 25 56± Acres Being Tract 2, Abstract 416, John Huffman Survey; Parcel Number 24 Consisting of 25.56± Acres Being Tract 4, 4-9, Abstract 416, John Huffman Survey; Parcel Number 25 Consisting of 63.439± Acres Being Tract 6, Abstract 416 John Huffman Survey, Parcel Number 26 Consisting of 42 1± Acres Being Tract 3, Abstract 416, John Huffman Survey, Parcel Number 27 Consisting of 60.62± Acres Being tract 3, 3-9. Abstract 326, G. W Ford Survey; Parcel Number 28 Consisting of 64 90± Acres Being Tract 4, Abstract 326, G W Ford Survey, Parcel Number 29 Consisting of 48.3312± Acres Being Tract 2-9, 2 Abstract 1018, Joseph H. Wilcox Survey; Parcel Number 30 Consisting of 48.8188± Acres Being Tract 6, Abstract 1018, Joseph H. Wilcox Survey; Parcel Number 31 Consisting of 25.5± Acres Being Tract 5, Abstract 1018, Joseph H. Wilcox Survey; Parcel Number 32 Consisting of 10.7± Acres Being Tract 17, Abstract 854, Alfred Slack Survey; Parcel Number 33 Consisting of 19 5± Acres Being Tract 18, Abstract 854, Alfred Slack ALLEN CITY COUNCIL REGULAR SESSION MARCH 7, 1996 PAGE 5 Survey; Parcel Number 34 Consisting of 33.25± Acres Being Tract 6, Abstract 854, Alfred Slack Survey, Said Area Is Generally Located South of F.M 2170 and East of U.S. 75, Collin County, Texas; Extending the Boundary Limits of the City to Include the Property; Extending the Boundary Limits of the City to Include the Property Hereinafter - Described in Exhibit "A" Within the City Limits and Granting to All Inhabitants and Owners of Said Property All of the Rights and Privileges of Other Citizens and Binding all Inhabitants by all the Ordinances, Acts, Regulations, and Resolutions of Said City, Providing for Exhibit "B" Service Plan; Providing for an Effective Date; and Providing for Publication of the Caption. G Set April 4, 1996 as Public Hearing Date for a Specific Use Permit for Restaurant/Private Club Puerto Escondido. H. Amend Ordinance No. 1074-2-92, Section 9-137 of the Allen Code Ordinances, Revising Existing School Zones, and Implementing New School Zones for Future Schools that have been Platted Ordinance No. 1408-3-%: An Ordinance of the City of Allen, Collin County, Texas, Amending Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-137, of the Allen Code of Ordinances, and Article VI, Division 2, Section 1-46, "Speed in School Zones; Signs in School Zones," of the Allen Vehicle and Traffic Code, Ordinance No. 259, as Previously Amended, Altering Established Zones, Altering Prima Maximum Speed Limits Established in Such Zones During Certain Periods on School Days; Defining Such Periods and "School Days", Making it Unlawful to Pass Within School Zones; Providing Penalty Clauses, Severability Clauses and an Effective Date. L Approve Bills Associated with the 1985 and 1994 Capital Improvement Program. 1. XIT Paving & Construction, Inc. $180,833.50 For: Paving & Drainage Improvements for Allen Heights Drive 1985 Existing Street Bonds PeriodFebruary 1996 2 Allen Hill Associates, Ltd. $27,341 11 For City's share of cost of Alma Drive Street/Drainage Bonds Period: Services through February 1996 3. Buddey & Barfield, Inc. $18,100.00 For Installation of 24" & 12" Water Main Project 1992 Water and Sewer Bonds Period: March 1, 1996 4. Office Depot Credit Plan $983.98 For Sale of Computer Supplies 1994 Bonds Period: February 6, 1996 �I 11 ALLEN CITY COUNCIL REGULAR SESSION MARCH 7, 1996 PAGE 6 5 Hunter Associates $984.65 For: Engineering Services and Plat Drawing 1994 Bonds Period: 12/1/95 - 1/31/96 6. Alpha Testing, Inc. $1,608.50 For Testing, Paving and Drainage Improvements for Allen Heights Drive 1985 Existing Street Bond Funds Period: February 15, 1996 7 Alpha Testing, Inc. $238.00 For: Testing for 12" & 24" Water Line Water and Sewer Bonds Period Services through 2/15/96 8 Kwik Industries, Inc $17,156.00 For: City's Cost of Anna Drive Street/Drainage Bonds Period January 31, 1996 9 Murray Construction Co , Inc. $127,75477 For: Installation of 24" & 12" Water Main Project 1992 Water & Sewer Bonds Period Services through 2/26/96 10. Ron Hobbs Architect $27,615.18 For: Architectural Services on Fire Station #3 1994 Bonds Period. Services through 2/13/96 11. Smeal Fire Apparatus $135,781.00 For: Spartan Chassis 1994 Bonds Period February 13, 1996 J Set April 4, 1996 as Public Hearing Date for a Specific Use Permit for an Auto Glass Shop. The motion carried. ■■�^ End of Consent Agenda E1 Council Committee Reawrts (Agenda Item VIII) ALLEN CITY COUNCIL REGULAR SESSION MARCH 7,19% Services: Update on recreation center Finance/Administration: Financial report Franchise negotiations with Grayson Collin Electric and Denton County Electric Water tower rental fees Spring Planning Session Payroll process changes Development: No report. PAGE George Conner, Public Works Director, reported on developments of the roadways and signalization in Allen. Mayor's: Current Council agenda Overhead power lines Library Meeting Room functions Partners in Mobility Twin Creeks issues Citizen's Comments (Agenda Item IX) City Manager Jon McCarty informed the Council that TU Electric has a Franchise Agreement that allows them to place their poles in the City right-of-way The Subdivision Ordinance requires that within the subdivision, electrical power will be supplied by underground conduits. However, along thoroughfares, overhead electrical power will be supplied About 50 people appeared this week at a special meeting to discuss this item at which time the City Manager and the Director of Public Works were present. Joe Bilbo, Manager of TU Electric, indicated that this is an improvement project for the City of Allen. The section of line from Jupiter to Cottonwood Creek along Bethany is only part of this improvement project One of the main reasons for the overhead lines along major thoroughfares is economics. Mr. Bilbo discussed an alternate route transversing the greenbelt. Mr. Bilbo also suggested that the median could also be used for the placement of the power poles. The Council acknowledged a petition received by the Council from homeowners in the area opposing the overhead power transmission lines Receipt of letters from Kim Howell, 743 Ridgemont, Allen, Texas 75002, Roger and Kelley Smith, 724 Cottonwood Bend Drive, Allen, Texas 75002 and public appearance cards of individuals who did not wish to speak but did wish to record opposition to these power lines included: ALLEN CITY COUNCIL I REGULAR SESSION MARCH 7,19% PAGE 8 Gary Ragle, 733 S. Ridgemont Drive, Allen, Texas 75002; Kelley Lewis, 802 Holly Circle, Allen, Texas 75002; Kelly Keith Smith, 724 Cottonwood Bend Drive, Allen, Texas 75002; and Elizabeth Hunt, 804 Holly Circle, Allen, Texas 75002 Roger Stmth, 724 Cottonwood Bend Drive, Allen, Texas 75002, spoke in opposition to the overhead power lines stating lower property values and safety Nancy Smith, 724 Cottonwood Bend Drive, Allen, Texas 75002, spoke in opposition to the overhead power lines asking for the City to listen to its citizens and provide proper notification prior to such projects. Kum Howell, 743 Ridgemont, Allen, Texas 75002, spoke in opposition to the overhead power lines due to decline in property values and safety Lindsey Stewman, 801 Holly Circle, Allen, Texas 75002, spoke in opposition to the overhead power lines stating health hazards, the reason for buying was because of no overhead lines, and they are not esthetically pleasing. Robert Robertson, 742 Ridgemont, Allen, Texas 75002, spoke in opposition to the overhead power lines stating safety issues and declining property values. Since the City has documents in place dealing with this issue, the Council may have influence but not final control over this project. TU Electric will be responsive to the City Council but excess cost would be a departure from what it has done in the past. An ad hoc committee has been formed to include the Chairs of each of the Council subcommittees, TU representatives and citizens to take this under advisement. Council took a brief recess Public Hearing on a Request for a Specific Use Permit for a Service Station in Planned Development No. 1 in the Allen Heights Shopping Center Located at the Northwest Comer of Main Street and Allen Heights Drive (Agenda Item 7p Bill Petty, Director of Community Development, informed the Council of this request for a Specific Use Permit for gasoline sales as an accessory use to a convenience store. This property is on an outparcel of land located at the northwest corner of Allen Heights Drive and FM 2170. After a traffic study by John Friebele, the issues of ingress, egress and landscaping were addressed by the Commission, the Staff and the petitioner. The construction of the median cut on Allen Heights Drive will be funded by the petitioner, the landscaping will be irrigated, the parking spaces will end at the northeast corner of the building, the parking spaces located along the east side of the building and dumpster will be relocated, landscaping will be provided along the entire north boundary of the site, petitioner will obtain staff approval regarding type of landscape materials to be used, the sidewalk will be constructed as required by ordinance, if the sidewalk is not currently constructed along the existing edge of the shopping center, it will be constructed with the development of this site, the exterior walls of the building will be similar in materials and color to the existing shopping center and approved by City Staff, the E ALLEN CITY COUNCIL REGULAR SESSION MARCH 7, 1996 PAGE 9 dtunpster will be screened with materials and color similar in stature to the building, the curb cut on Main Street will be consistent with the alignment of the existing drive aisle in response to the Planning & Zoning Commission recommendations. The Commission findings include: 1 The Technical Review Committee (TRC) has reviewed and approved the proposal. 2. The City's traffic review consultant has reviewed and recommended approval of the median cut on Allen Heights Drive and alignment of the Main Street curb cut. 3 The construction of the median cut will be home by the petitioner. 4. The proposed use is appropriate and an allowable use in a shopping center district. 5. The median cut on Allen Heights Drive may eliminate existing and potential traffic hazards. Tony Eates, architect, also reviewed various issues on this site. Mayor Farmer read the request into the record as follows, "Public Hearing on a Request for a Specific Use Permit for a Service Station in Planned Development No l in the Allen Heights Shopping Center Located at the Northwest Comer of Main Street and Allen Heights Drive." Mayor Farrier opened the public hearing and asked for anyone speaking either for or against the request to do so at this time Council acknowledged receipt of a letter from Lori Fairchild, a memo to Planning & Zoning Commission from Lori Fairchild and communication to the Planning & Zoning Commission from Scott Fairchild. Mike Rippe spoke before the Council and expressed appreciation to the proponent for incorporating the various changes that were discussed previously However, if any trees are cut in the median, he suggested that replacement be made of those trees. With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. Discussion was held regarding the proximity of the day care center to the gasoline pumps and the possible health hazard. MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Kerr, the Council voted six (6) for and none (0) opposed to confirm the recommendation of the Planning & Zoning Commission to allow a Specific Use Permit for a service station in Planned Development No. l in the Allen Heights Shopping Center located at the northwest comer of Main Street and Allen Heights Drive and if any trees are removed in the median, then replacement is to be coordinated with Staff along with a one-year warranty The motion carried. Public Hearing to Consider Zoning on Approximately 85.01 Acres of Land to Residential -5 (R-5) Located North of Bethany Road Between Allen Heights Drive and Malone Road on a Request by Tipton Engineering on Behalf of Owners Ann Moore Vigg and Linda Sue Moore (Agenda Item XI) ALLEN CITY COUNCIL 1 REGULAR SESSION MARCH 7,19% PAGE 10 Bill Petty, Director of Community Development, informed the Council of the request to rezone 85.01 acres from Agriculture -Open Space (A -O) to Residential -5/C (R -5/C) on property immediately east of Bethany Lakes Park and Greengate Subdivision The petitioner has agreed to the following items: 1) donation at time of platting of 4.19± acres of land for open space to provide a park -like setting of a connection between Bethany Lakes and Story Parks, 2) working with City Staff to create a meandering single -loaded roadway between this subdivision and Bethany Lakes Park to enhance the visual impact of the park and open space; 3) an amenity at the northeast corner which would include a decorative bridge with a stone facade to create a visual extension of Bethany Lakes Park; 4) construction of an eight -foot trail system through the open space connection area, 5) an increase from 1500 square foot minimum house size to 1750 square foot minimum for houses next to Stretford Lane for more compatibility with the houses built in Shadow Lakes; 6) restriction of at least 50% of the houses adjacent to the Greengate Subdivision to one story in response to high concerns by Greengate residents. A Facilities Agreement will be a requirement of platting to provide proper greenbelt and roadways in additional phases of this property Pat Atkins, Tipton Engineering, reviewed the surrounding lot sizes and the concept plan showing collector streets in Bethany Road. The price range of the houses in this subdivision will be approximately $130,000 to $200,000. Mayor Farmer read the request into the record as follows "Public Hearing to Consider Zoning on Approximately 85.01 Acres of Land to Residential -5 (R-5) Located North of Bethany Road Between Allen Heights Drive and Malone Road on a Request by Tipton Engineering on Behalf of Owners Ann Moore Vigil and Linda Sue Moore." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Gary Clinton, 1536 Gardenia, Allen, Texas 75002, expressed concern regarding security of roadways into the Greengate Subdivision, preservation of the greenbelt/wooded area and pesticide hazards. Michael Buckley, 9 Highpoint Drive, Allen, Texas 75002, expressed concern about the public hearing notification, TU Electric concerns for this development, traffic congestion, safety and real estate values, water contamination, and traffic problems. With no one else speaking either for or against the request, Mayor Farmer closed the public hearing The conceptual greenbelt and meandering of the roadway between the park and the subdivision softens the edge of Bethany Ickes Park. The intent of the Facilities Agreement would allow the continuation of the greenbelt. The proponent was also asked to consider another roadway in the east/west direction at one of stub -outs south of the hike and bike trail in final platting. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to confirm Planning & Zoning Commission recommendation to zone approximately 85.01 acres of land to Residential -5 (R-5) located north of Bethany Road between Allen Heights and Malone Road with the square foot minimum to be 1750 square feet next to Stretford Lane for more compatibility with the houses built in Shadow Lakes. The motion carried. r ALLEN CITY COUNCIL REGULAR SESSION MARCH 7, 1996 PAGE 11 Public Hearing to Consider Rezoning from Residential4 Multifamily -2, Office, and Planned Development No. 21 to a Mixed Use Planned Development Including Shopping Center, Single Family, Multifamily, and Community Facilities Uses on an Approximate 457.9± Acre Tract of Land Located North and South of Exchange Boulevard Between US 75 and SH (Agenda Item XID Bill Petty, Director of Community Development, informed the Council of the request to rezone from Residential4 Multifamily -2, Office and Planned Development No. 21 to a Mixed Use Planned Development located between US 75 and SH 5 north and south of Exchange Parkway Discussion was held regarding the open space requirements of Tracts 2, 3 and 4 At the time of development of the multifamily, the open space requirements will be compensated for. Planning & Zoning Commission findings include the following 1. The proponent has dedicated the right-of-way for Exchange Parkway 2. The proponent has donated the engineering for the design of Exchange. 3. The open space requirements will be satisfied within the residential areas. 4. The increased density appears to be fair and equitable. 5. The overall density of the entire planned development has been reduced. 6. The proposal facilitates that realignment of Exchange as shown on the Thoroughfare Plan. Dave Denison, spoke before the Council requesting favorable consideration for this request. Mayor Farmer read the request into the record as follows: "Public Hearing to Consider Rezoning from Residential -I Multifamily -2, Office, and Planned Development No. 21 to a Mixed Use Planned Development Including Shopping Center, Single Family, Multifamily, and Community Facilities Uses on an Approximate 457.9± Acre Tract of Land Located North and South of Exchange Boulevard Between US 75 and SH 5." With no one speaking either for or against the request, Mayor Farmer closed the public hearing MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to confirm recommendation by Planning & Zoning Commission to rezone from Residential -1, Multifamily -2, Office and Planned Development No. 21 to a Mixed Use Planned Development including Shopping Center, Single Family, Multifamily and Community Facilities Uses located on land north and south of Exchange Boulevard between US 75 and SH 5. The motion carried. Other Business (Agenda Item XIII) Calendar (Agenda Item XIII -A) March 29 & 30 Spring Planning Session ALLEN CITY COUNCIL REGULAR SESSION MARCH 7,19% PAGE 12 Water Tower Rental Fees (Agenda Item XIII -B) Council may be asked to consider a policy regarding establishing a separate fund to be used from water tower rental fees for beautification projects and objects of art. With a separate fund for this purpose, it may be possible to receive private funding and donations from interested parties within the community Items of Interest (Agenda Item XIII -C) The March Municipal Messenger is in the mail and the April issue is being planned at the present time. Report on AHS Committee (Agenda Item XHI-D) A report was given on the High School Committee. The master plan will provide a comprehensive design to include both school and City properties, multiple usage of those properties and programming for both entities EXECUTIVE SESSION (Agenda Item IV) In accordance with the Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072, Personnel, Section 551.074, Staff Presentations, Section 551075, the Allen City Council reconvened into Executive Session at 11.20 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to (A) Appointments to Vacancies and (B) Staff Presentation on Economic Development Issues The Executive Session was adjourned at 1.28 a.m. Reconvene and Consider Action on Items Discussed ussed Du'ng Executive Se_s ion (Agenda Item XV) The Allen City Council reconvened into regular session at 1.29 a.m. on Friday, March 8, 1996, in the Council Chambers of the Allen Municipal Annex There was no action taken on items discussed during Executive Session. (Agenda Item XVI) MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 1.30 a.m. on Thursday, March 8, 1996. The motion carried. These minutes approved on the 21st_ day of - arch , 1996. APPROVED: o�arme� MAYOR ` ATTEST: dy Mor son, CMC, CITY SECRETARY