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Min - City Council - 1996 - 11/07 - RegularALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 7,19% Kevin L. Lilly, Mayor Lonnie Thomas David Kerr, Mayor Pro Tem Doug Gallagher Dave Powyszynski Steve Terrell Melissa Owen Jon McCarty, City Manager Judy Morrison, City Secretary 1 1 CIU a.Jl ♦ 1 L._ e 4' OW 1 I' With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Lilly at 6:10 p in. on Thursday, November 7, 1996, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. (Agenda Item III Council was informed that the 24" water line will be transferred from North Texas Municipal Water District (NTMWD) approximately March of 1997 A meeting was held this week with the superintendent of the Allen Independent School District (AISD) and discussions were held with regard to access to all schools. The goal of the district and the City is to provide two access points for vehicular traffic to all schools as soon as possible. A "Safe Route to School" plan will also be implemented in a timely manner. Council was mformed that health insurance estimates have come in with an expected increase of 40% This will dictate that the City of Allen go out for RFP (Request for Proposal) since its renewal is in January of 1997 EAn update was given on the JSC Building with regard to paint. ALLEN CITY COUNCIL WORKSHOP SESSION NOVEMBER 7, 1996 PAGE 2 Discussion of Consent Agenda and Rea IrAgenda Items (Agenda Item II1) Council reviewed the procedure for Item XII, Request to Appear by Kevin Kerr of 1013 Ashland Drive in the Watters Crossing Subdivision to Address the Council on the Bethany Road Extension, during the regular session. The requestor will present his information, Staff will present its information, citizens will he allowed three minutes for their request to appear with no time transfers and certain other limitations, then Council will discuss the issue. There have been no responses from the people in the area where the contemplated name changes for roadways are being considered. Staff was encouraged to again work with the disposal of trees along US 75. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 6:50 p.m. on Thursday. November 7, 1996. Executive Session (Agenda Item IV) In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 655 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas in order to discuss matters pertaining to Council employee evaluations and Parker annexation litigation. The Executive Session was recessed at 7:29 p in. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Lilly at 7:35 p.m. on Thursday, November 7, 1996 in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. CONSENT AGENDA (Agenda Item VI) MOTION: Upon a motion made by Councihnember Gallagher and a second by Councilmember Powyszyml i, 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 the October 16, 1996, Council/AISD Joint Workshop. B. Approve Minutes of the October 17, 1996, Regular Meeting. C C. Approve Minutes of the October 24, 1996, Council/AISD Joint Workshop. L D Approve Minutes of the October 29, 1996, Council/AISD/Chambers Joint Workshop. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1996 PAGE 3 E. Adopt an Ordinance Confirming the City Council's Action of October 17, 1996, to Attach a Specific Use Permit with Site Plan Approval on 1.14 Acres of Land in Tract Al of the Allen Business Center Addition, City of Allen, Collin County, Texas; Further Described as being Located North of the Northeast Comer of Bethany Drive and Prestige Circle. Ordinance No. 1468-11-96: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, by Approving a Specific Use Permit and Site Plan for a Private School with Day Care as an Incidental Use on the Following -Described Tract of Land: 1.14 Acres of Tract A 1 of the Allen Business Centre Addition, City of Allen, Collin County, Texas; Providing for Exhibit "A" Site Plan; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause, and Providing for the Effective Date of Said Ordinance F Consider Ordinance Renaming Exchange Parkway West to Exchange Place. Ordinance No. 1469-11-%: An Ordinance of the City of Allen, Collin County, Texas Changing the Name of Exchange Parkway West within the Range of 100 to 699 to "Exchange Place" Amending all Ordinances or Portions of Ordinances in Conflict Herewith; and Providing for an Effective Date. G. Adopt an Ordinance Changing the Name of Rowlett Road to Exchange Parkway from US 75 to a Point West of Rowlett Creek. Ordinance No. 1470-11-%: An Ordinance of the City of Allen, Colin County, Texas, Changing the Name of Rowlett Road to Exchange Parkway, from a Point Beginning at US 75 on the East Continuing in a Westward Direction to a Point West of Rowlett Creek Intersected by a 90° Turn to the North; Amending all Ordinances or Portions of Ordinances in Conflict Herewith, and Providing for an Effective Date. H. Quarterly Investment Report. 1. Award Bid and Authorize Purchase of Nine Police Vehicles. Council authorized Staff to award a contract to Village Ford for nine (9) police vehicles in the amount of $175,347 Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement Program as follows: 1. Del Max Restaurant Supply, Inc $986.06 For: Furniture and Equipment 1994 Bonds Period: October 1996 I I ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1996 PAGE 4 2. County Clerk $874.00 For: Filing of Plats for FM 2170 West Facility Agreement Waiters Crossing Period, October 28, 1996 3 ALPHA Testing, Inc $366.00 For: Asphalt Alley Replacement w/Concrete 1994 Street Bonds Period, October 15, 1996 4. Blair Graphics $100.05 For: Copying Prints for Projects 1994 Street Bonds Period: October 31, 1996 5. Commercial Indemnity Insurance Company $69,631.60 For: Construction on Station #3 1994 Bonds Period. September 25 - October 31, 1996 6. Texas Department of Transportation $3,712.91 For: Relocate Facilities at Exchange Blvd. and Railroad 1994 Street Bonds Period: September 24, 1996 7 Leftwich & Associates $2,500.00 For: Traffic Impact Analysis 1985 Existing Street Bonds Period: November 3, 1996 K. Approve Budget and Authorize Solicitation of Bids on Phase 3 of the Asphalt Alley Replacement Program. Council authorized a budget of $211,000 for four asphalt alley replacements with concrete (Phase 3) [CIP ST 16-31 located to the west of Roaring Springs between Lake Highlands and Thoreau and east of Roaring Springs between Rivercrest and Cypress L Approve a Request by the Library Board for a Fund Raising Project. Council authorized the Library Board and the 'Friends of the Library' to operate a holiday program to solicit funds for children's and adult book donations by honoring donations with festive holiday bows on the library's holiday tree. The motion carried. End of Consent] and of Consent Alm_ endo PAGE 5 (Agenda Item VII) Citizen's Comments (Agenda Item VIII) There were no citizen's comments. Public Hearing to Zone 128.365 Acres of Land Located in the Simon Burns Survey, Abstract No. 92, Located at the Northwest Corner of Bethany Drive and Malone Road from Agriculture -Open Space to Planned Development with Single Family Uses, a City of Allen Water Storage Facility, and a Public Hike and Bike Trail System as Requested by Tioton Engineering and Ann Moore Vigil and Linda Sue Moore (Agenda Item IX) Bill Petty, Community Development Director, reviewed the request to zone 128.365 acres of land from Agriculture Open Space to Planned Development. This property is located at the northeast corner of Bethany Drive and Malone Road. The open space requirement for this Planned Development is being satisfied with the dedication of a hike and bike trail and a water tower site The petitioner will be responsible for constructing the eight -foot wide walkway with four feet of the sidewalk being applied toward park fees. Also, a two -acre site for an elevated storage tank is being dedicated to the City which is critically needed since it is the highest elevation point in that area of Allen. The R-5 district will have a maximum of 321 dwelling units and the R-6 district next to the elevated storage tank will have a maximum of 170 dwelling units. Pat Atkins with Tipton Engineering presented additional information with regard to the site and the amount of infrastructure participation. Mayor Lilly read the request into the record as follows: ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7,19% Council Committee Rept Services: No report Finance/Administration: No report Development: No report Mayor's: Review current Council agenda Meeting in Waco with Senator Sibley Municipal Messenger schedule PAGE 5 (Agenda Item VII) Citizen's Comments (Agenda Item VIII) There were no citizen's comments. Public Hearing to Zone 128.365 Acres of Land Located in the Simon Burns Survey, Abstract No. 92, Located at the Northwest Corner of Bethany Drive and Malone Road from Agriculture -Open Space to Planned Development with Single Family Uses, a City of Allen Water Storage Facility, and a Public Hike and Bike Trail System as Requested by Tioton Engineering and Ann Moore Vigil and Linda Sue Moore (Agenda Item IX) Bill Petty, Community Development Director, reviewed the request to zone 128.365 acres of land from Agriculture Open Space to Planned Development. This property is located at the northeast corner of Bethany Drive and Malone Road. The open space requirement for this Planned Development is being satisfied with the dedication of a hike and bike trail and a water tower site The petitioner will be responsible for constructing the eight -foot wide walkway with four feet of the sidewalk being applied toward park fees. Also, a two -acre site for an elevated storage tank is being dedicated to the City which is critically needed since it is the highest elevation point in that area of Allen. The R-5 district will have a maximum of 321 dwelling units and the R-6 district next to the elevated storage tank will have a maximum of 170 dwelling units. Pat Atkins with Tipton Engineering presented additional information with regard to the site and the amount of infrastructure participation. Mayor Lilly read the request into the record as follows: ALLEN CITY COUNCIL a REGULAR SESSION NOVEMBER 7, 1996 PAGE 6 "Public Hearing to Zone 128.365 Acres of Land Located in the Simon Bums Survey, Abstract No. 92, Located at the Northwest Comer of Bethany Drive and Malone Road from Agriculture -Open Space to Planned Development with Single Family Uses, a City of Allen Water Storage Facility, and a Public Hike and Bike Trail System as Requested by Tipton Engineering and Ann Moore Vigil and Linda Sue Moore." Mayor Lilly opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Dan Lawrence, 107 Clear Meadow, Allen, Texas 75002, expressed concern with regard to the amount of traffic, the appearance of the homes and the small lot size. With no one else speaking either for or against the request, Mayor Lilly closed the public hearing. Pat Atkins indicated a traffic study was performed and the development of the roadway will meet the needs of this particular residential development. The homes in the area will be consistent with others in the area and will be a custom -volume builder. Lot sizes are typical with the surrounding lot sizes. A question was also raised regarding the crossing of the hike and bike trail over the roadway At the present time, there are no standards in City documents that restrict hike and bike nail crossings on collector streets. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the Council voted six (6) for and one (1) opposed with Mayor Pro Tem Kerr casting the negative vote to confirm the Planning and Zoning Commission recommendation by request from Tipton Engineering and Ann Moore Vigil and Linda Sue Moore to zone 128.365 acres of land located in the Simon Burns Survey, Abstract No. 92, located at the northwest corner of Bethany Road and Malone Road, from Agriculture -Open Space to Planned Development with Single Family Uses. The motion carried. Third Reading of an Ordinance Granting a Franchise to Grayson -Collin County Electric Cooperative for the Purpose of Constructing, Maintaining and Operating its Electric Power Utility System in Public Streets. Alleys and RWIttsof-Way in the City (Agenda Item X) Pete Smith with Nichols, Jackson, Dillard, Hager and Smith presented information to the Council which updated the ordinance since its last reading. This is the third and final reading of the franchise agreement Ordnance No. 1458-10-96: An Ordinance of the City of Allen, Texas, Granting to Grayson -Collin County Electric Cooperative, Inc., a Franchise for the Pur- pose of Constructing, Maintaining and Operating its Electric Power Utility System in Public Streets, Alleys, and Rightsof-Way, in the City; Reserving to the City the Right to Regulate Grantee; Providing Conditions Governing the Construction, Expansion, Use, Recon- struction, Repair, Excavation, Maintenance, Reloca- tion and Operation of the Electric Power Utility System; Providing for Indemnification; Providing for ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1996 PAGE 7 City Use and Joint Use of Grantee's Facilities; Provid- ing for Compensation; Providing for Accounting and Other Reports; Providing for Conditions of Assign- ment; Providing for Termination; Providing for Acceptance of the Franchise; Providing a Repealing Clause; Providing a Severability Clause; and Provid- ing an Effective Date. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszynski, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1458-10-96 as previously captioned The motion carried. Third Reading of an Ordinance Granting a Franchise to Denton County Electric Cooperative for the Purpose of Constructing, Maintaining and Operating its Electric Power Utility System in Public Streets. Alleys and Rights -of -Way in the City (Agenda Item XI) Ordinance No. 1459-10-96: An Ordinance of the City of Allen, Texas, Granting to Denton County Electric Cooperative, Inc., a Franchise for the Purpose of Constructing, Maintaining and Operating its Electric Power Utility System in Public Streets, Alleys, and Rights -of -Way in the City; Reserving to the City the Right to Regulate Grantee; Providing Conditions Governing the Construction, Expansion, Use, Recon- struction, Repair, Excavation, Maintenance, Reloca- tion and Operation of the Electric Power Utility System; Providing for Indemnification; Providing for City Use and Joint Use of Grantee's Facilities; Provid- ing for Compensation; Providing for Accounting and Other Reports; Providing for Conditions of Assign- ment; Providing for Termination; Providing for Acceptance of the Franchise; Providing a Repealing Clause; Providing a Severability Clause; and Provid- ing an Effective Date. MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1459-10-96 as previously captioned. The motion carried. (Agenda Item XD) Request to Appear by Kevin Kerr of 1013 Ashland Drive in the Watters Crossing [" r�Y Subdivision to Address the Council on the Bethany Drive Extension (Agenda Item XD) ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1996 PAGE 8 Mayor Lilly reviewed the procedures for the evening with regard to the request to appear from Kevin Kerr on the Bethany Drive extension. Kevin Kerr will present his information, Staff will present background information and citizens will be asked to limit their time to three minutes. Council will only hear items one time and no "passing" of time to another individual. Council will then review the item and discuss and ask questions as needed. Kevin Kerr thanked the Council and Staff for the work put into this project However, he still maintains concern with regard to the extension of Bethany Road ending at Bel Air. He delineated several issues: Why is Bethany being built now? Fire/emergency vehicles -- asked for accelerated construction schedule for Fire Station #4. Why is Bethany being built if we generally wait for developers to give land for road construction? He proposed that we complete the engineering study, complete Alma and Watters Crossing intersection, build a temporary road from McDermott to Central and asked that Bethany Drive construction be put on hold. City Manager Jon McCarty reviewed some of the City's planning efforts in the past. Council has dealt with the issues of planning through the Comprehensive Plan which is the basic umbrella. He reviewed how the land plan deals with the densities and the City can plan for (1) thoroughfares and water and sewer, (2) drainage and greenbelt linear park planning and (3) economic development. The City has three tools to implement these plans which include the Zoning Ordinance, the Subdivision Ordinance and the Capital Improvement Program (CIP). Mr. McCarty then reviewed the Bethany Drive concept, the fire station construction plan and the McDermott Road construction. He also discussed Exchange Road West which provides access to the west side of Allen. The main reasons for Bethany Drive extension would be to deal with (1) traffic management, (2) emergency vehicle access, (3) traffic safety, and (4) economic development Staff feels concerns of the homeowners with the Bethany Drive extensions could be addressed by road signs, crossing guards for the schools, stop signs, road markings, selective speed enforcement, and property owner meetings with regard to drainage and screening. The Staff supports the project and believes it is in the best interest of the community to open this road by July of 1997 The following individuals did not wish to speak but did want to express their opposition to the Bethany Drive extension: Beverly Price, 1102 Belvedere, Allen, Texas 75013; Reggie Cobb, 304 Plumas, Allen, Texas 75013, Dana and Skip Smith, 710 Bel Air Drive, Allen, Texas 75013; Mr. and Mrs. Stan Swanson, 711 Bel Air Drive, Allen, Texas 75013, Ron Price, 1102 Belvedere, Allen, Texas 75013; Lindsey Barnett, 1215 Bel Air Drive, Allen, Texas 75013; Deborah McCarty, 1207 Riverside Court, Allen, Texas 75013, and Monty Brown, 1004 Alameda Court, Allen, Texas 75013. Several residents contacted the City and supported the extension of Bethany Drive but did not wish to speak and they voiced their support of this extension e�y Tony Seid, 304 Cordova Drive, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension and requested the delay of its construction. He indicated a petition would be presented to the City with regard to this delay ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1996 PAGE 9 G. Latham, 1006 Edgemont, Allen, Texas 75013, spoke in favor of the Bethany Drive extension with certain restrictions. He indicated he was in favor of the road to be used only for official use. Barry Lofquist, 1214 Sonoma, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. Mr. Lofquist requested that the Council is here to serve the people and needs to listen to the concerns of the people in this area and delay the construction of the roadway Pete Culpepper, 306 Sonoma Drive, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension He expressed concern for the safety of the children and felt that citizens would continue using Bel Air as a "cut -through" roadway Keith Melkild, 514 Irvine Drive, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. Mr. Melkild indicated that the children will be on the streets although that is not a specific play area. He felt like "but -dated" assumptions were used with regard to some of the statistics in the planning efforts. Lynn Rollins, 808 Rolling Meadows Court, Allen, Texas 75013, spoke in favor of the Bethany Drive extension. She thanked the Council for the community as a whole, for their forward thinking, and concerns for traffic safety Dan Southern, 1220 Bel Air, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. He expressed concern of not being able to change the order of the agenda and felt like the Council already had its mind made up. He suggested that Council exercise eminent domain to get the right-of-way needed to extend Bethany to Alma Edward Skoritowski, 1307 Placer Drive, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. Mr Skoritowski indicated he would not have voted for the bonds if he had understood the Master Plan at the time. Mark Stone, 1002 Bel Air Drive, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. He expressed concern over safety of the children, ambiance of the neighborhood, and deterioration of property values Mr Stone requested a delay in the construction of the road. Mary Clark, 1126 Belvedere Drive, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. She cited child safety as a primary issue and asked Council to consider the cost of this solution. John Green, 8200 S. SH 121, Allen, Texas 75013, spoke in favor of the Bethany Drive extension. The Comprehensive Plan solicited and received wide citizen input and the City has had a Master Plan for many years. Adyna Akins, 1229 Covina Court, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. Mark Strand, 1205 Cordova, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. He stated this extension would ease the traffic at the expense of the Waiters Crossing residents and although economic development for the City may be broadened, it may devalue the property for Waiters Crossing residents Michael Carvelli, 401 Compton Court, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. He expressed concern about child safety and outside traffic using Watters Crossing roadways. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1996 PAGE 10 Fritz Dietrich, 1000 Bel Air Drive, Allen, Texas 75013, spoke in favor of the Bethany Drive extension. He expressed the need for additional roadways to ease the traffic and although sometimes it's an inconvenience momentarily, it is necessary for progress for the entire City Greg Dennison, 404 Compton Court, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. He questioned the use of Watters Road as an alternative and asked for the McDermott intersection improvement be completed in a timely manner. Mary Skoritowski, 1307 Placer Drive, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. She expressed she did not feel like this "temporary fu" should be considered. Is Rivera, 1202 Irvine Drive, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension He expressed concerns with regard to increased traffic, crime and lower quality of life for the residents at Watters Crossing. Charman Melkild, 514 Irvine Drive, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. She indicated at the time they bought their home, they were aware of the Bethany Road plan but were not aware that it would stop at Bel Air Drive. John Harrington, 1125 Fairfax, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. He suggested the City apply their efforts to extend Bethany Road to Alma, expedite the fire station and do an outside study to deal with the expansion plans within the entire City of Allen. Will Richardson, 1127 Fairfax, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. He expressed that he cannot support a plan to extend Bethany since there is no time frame for its completion to Alma. Stephen C. Merriman, 401 Irvine Drive, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. M. Scott Lane, 106 Tustin Court, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension citing increased traffic. Robin Sedlacek, 640 Autumn Oaks, Allen, Texas 75002, spoke in favor of the Bethany Road extension. She asked the homeowners to honor the vast experience of the Council and Staff and expressed her backing of the Council in this decision. Derek Gamradt, 1207 Cordova Drive, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. He asked the Council to allow the majority to rule in this situation and felt like the intrusion did not outweigh the cost. Steve Shafranck, 1006 Westwood Court, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. He indicated Norton Elementary School will be housing several hundred students from outside the Watters Crossing Subdivision which will increase traffic He challenged the Council to support an initiative to complete Bethany to Alma Road. Jamie Caperton, 103 Tustin Court, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1996 PAGE 11 Susan Bartlemay, 400 Hampton Drive, Allen, Texas 75013, spoke in favor of the Bethany Drive extension She expressed concerns expressed by her customers regarding traffic congestion and anything to alleviate that congestion should be considered by the Council and the citizens of Allen. Jeff Plymale, 1204 Bel Air Drive, Allen, Texas 75013, spoke in opposition to the Bethany Drive extension. Mr. Plymale encouraged that lines of communication remain open between the City and the residents. He expressed an interest to see planning and what will be done in the future, to look at long-term solutions and review the traffic impact on the area. Council clarified various points from the citizens and Staff and asked for information from Barbara Leftwich with Leftwich & Associates regarding the Traffic Impact Analysis of Bethany Road Extension. She reviewed the Bethany interchange travel time and suggested that 30 mph speed limit be enforced. Ms. Leftwich indicated "speed humps" and stop signs are not good alternatives on a collector street. Questions were raised regarding traffic counts, trip generations and right-of-way of Watters Road was discussed. It was suggested that the roadway would cost approximately $100,000 and would be a two-lane 30 -foot chip -seal roadway MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Thomas, Council voted seven (7) for and none (0) opposed to retain the original project construction schedule of Bethany Drive to Bel Air Drive but to add to that project Watters Road construction between Bethany to McDermott. The motion carried. MOTION: A motion was made by Councilmember Gallagher that if Watters Road cannot be accomplished in a timely fashion, meaning at the completion of Bethany Road extension, Council will bring back the current proposal as an agenda item to be reviewed at that time The motion died due to lack of a second. Approve a Resolution Adopting the Articles of Incorporation for the Allen Community Development Cor rpo ation (Agenda Item XIII) The Articles of Incorporation for the 4B Sales Tax Board (Allen Community Development Corporation) need to be considered by Council as stipulated by state law Once the Articles are filed with the Secretary of State's office, the Allen Community Development Corporation will cover their day-to-day affairs of the board in by-laws which will be forwarded to Council at a later date. Resolution No. 1471-11-96(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving the Articles of Incorporation of the Allen Community Development Corporation and Authorizing the Board to Act on Behalf of the City. MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Owen, Council voted seven (7) for and none (0) opposed to adopt Resolution No 1471-11-96(R) as previously captioned in accordance with the Allen Community Development Corporation recommendation. The motion carried. I I ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7,19% PAGE 12 Council took a brief recess. Consider Repealing Ordinance No. 1325-3-95 with Attached Site Plan for Southwest Staple in Planned Development #3 (Agenda Item XIV) The 1 44 -acre tract of land located at #17 Prestige Circle immediately south of Willow Creek Estates had a site plan approved for development in March of 1995. The proponent is requesting a larger building to be approximately 15,100 square feet and, therefore, the new zoning ordinance places review responsibility of site plans within planned developments with City Staff. In order to process this in a timely manner, Council is asked to repeal Ordinance No. 1325-3-95 for Southwest Staple in order to effect a larger building site. Council expressed concerns regarding the Willow Creek neighborhood and were informed that they have been notified of this request. Phil Dennis, 206 Willow Creek Circle, Allen, Texas 75002, expressed concern regarding the closer proximity to the building line and asked for additional attractive landscaping on the north of the building. He also questioned the placement of the air conditioning vents and the color of the back side of the building. Michelle Johnson, a Willow Creek resident, Allen, Texas 75002, suggested that the builder deal with the homeowners regarding the color, etc. to make the building more pleasing to the neighborhood. Staff concurred that they will be working with the architect to be sensitive to the desires of the Willow Creek homeowners. Ordinance No. 1472-11No. 1472-11: An Ordinance of the City of Allen, Collin County, Texas, Amending Compre- hensive Zoning Ordinance No. 1425-5-96, as Hereto - fort Amended, by Repealing Ordinance No. 1325-3-95 and Exhibit "H," Being an Approved Site Plan on Tract F of the Allen Business Centre Addition; Amending all Ordinances or Portions of Ordinances in Conflict Herewith; and Providing for an Effective Date. MOTION: Upon a motion made by Councihnember Powyszynski and a second by Councrhnember Owen, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1472-11-96 as previously captioned. The motion carried. Other Business (Agenda Item XV) Calendar (Agenda Item XV -A) November 12 1200 p in. Development Subcommittee November 15 7:00 p.m. Employee Christmas Party December 10 12:00 p.m. Development Subcommittee December 17 AISD/Council Joint Meeting I L PAGE 13 (Agenda Item XV -B) City Secretary Judy Morrison reviewed the Municipal Messenger schedule and solicited additional articles of interest for the issue. Road Status Update (Agenda Item XV -C) George Conner, Public Works Director, reviewed the plans for Exchange Parkway Items of Interest (Agenda Item XV -D) City Secretary Judy Morrison informed the Council she had tickets to the Employee Christmas Party for anyone who was interested in purchasing one CCED Representative (Agenda Item XV -E) Mayor Lilly requested that he be the CCED representative with various designates to fulfill that responsibility as needed. Council agreed with the request. Reconvene and Consider Action on Items Discussed During Executive Session (Agenda Item V) The Allen City Council did not reconvene into Executive session. There was no action taken on items discussed during Executive Session held earlier in the evening. (Agenda Item XVI) MOTION: Upon a motion made by Councilmember Gallagher and a second by Councihnember Powyszymki, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 1.33 a.m. on Friday, November 8, 1996 The motion carried. These minutes approved on the 21st day of November , 1996. ATTEST: 4dyMt,,,,, CMC, CITY SECRETARY APPROVED: �X� Kevin L. Lilly, MAYOR ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1996 Newsletter Articles I L PAGE 13 (Agenda Item XV -B) City Secretary Judy Morrison reviewed the Municipal Messenger schedule and solicited additional articles of interest for the issue. Road Status Update (Agenda Item XV -C) George Conner, Public Works Director, reviewed the plans for Exchange Parkway Items of Interest (Agenda Item XV -D) City Secretary Judy Morrison informed the Council she had tickets to the Employee Christmas Party for anyone who was interested in purchasing one CCED Representative (Agenda Item XV -E) Mayor Lilly requested that he be the CCED representative with various designates to fulfill that responsibility as needed. Council agreed with the request. Reconvene and Consider Action on Items Discussed During Executive Session (Agenda Item V) The Allen City Council did not reconvene into Executive session. There was no action taken on items discussed during Executive Session held earlier in the evening. (Agenda Item XVI) MOTION: Upon a motion made by Councilmember Gallagher and a second by Councihnember Powyszymki, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 1.33 a.m. on Friday, November 8, 1996 The motion carried. These minutes approved on the 21st day of November , 1996. ATTEST: 4dyMt,,,,, CMC, CITY SECRETARY APPROVED: �X� Kevin L. Lilly, MAYOR