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Min - City Council - 1989 - 05/18 - RegularALLEN CITY COUNCIL REGULAR SESSION MAY 18, 1989 Present: Joe Farmer, Mayor Council Members: Rex Womack Jerry Wilson, Mayor Pro Tem (Absent) Bobby Glass Jim Wolfe Alan Fyke Gary Edstrom (Absent) City Staff• Jon McCarty, City Manager Judy Morrison, Acting City Secretary 1 WORKSHOP SESSION - 6:45 P.M. With a quorum of the Council Members present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 6 47 p.m. on Thursday, May 18, 1989, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Prior to discussion of the first item of the Workshop Session, Mayor Farmer expressed a warm welcome to Alan Fyke, the newest member of the Allen City Council, and expressed the challenges ahead for everyone. Councilman Fyke expressed his desire to become part of the team and the desire to continue to build on what the Council has been able to accomplish in the past. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Mayor Farmer began the review of the Consent Agenda items. There was no discussion on the Consent Agenda. Mayor Farmer reviewed Agenda Item VI, Presentation of Plaque of Appreciation to Jim Pendleton, Outgoing Member of the Allen City Council. Judy r Morrison, Acting City Secretary, stated that she had spoken with Mr Pendleton eL and he would be at the meeting for the presentation. There was no further discussion on this item. ALLEN CITY COUNCIL REGULAR SESSION MAY 18, 1989 Page 2 WORKSHOP SESSION - 6:45 P.M. Discussion of Consent Agenda and Regular Agenda Items (cont'd) (Agenda Item II) Mayor Farmer reviewed Agenda Item VII, Public Hearing on a Specific Use Permit and Site Plan for a Retail Nursery Located at 811 Fast Main Street as Requested by Mark Puckett and Ward Paxton and Consider an Ordinance Approving the Specific Use Permit. Bill Petty, Director of Community Development, advised that the future alignment of FM 2170 will turn to the north at the southeastern corner of subject property A condition will need to be placed on the specific use permit that at time of platting the owners will meet the City's needs in regard to the alignment of FM 2170 The additional easement will be minimal and affect only a few of the parking spaces presently designed into the site plan. Mr Petty indicated that the ordinance can be adopted with the provided amendment. There was no further discussion on this item. Mayor Farmer discussed a related topic with Mr Petty, that being the alignment of FM 2170. Mr Petty indicated staff is interviewing the final six proposals next week and will have a recommendation for Council at the June 15 meeting Mayor Farmer reviewed Agenda Item VIII, Request to Appear by Dave Broyles Concerning the Ban of Bicycling on FM 2170 between Highway 75 and Custer Mr Broyles has submitted several pieces of literature along with his letter for the Council's review Mr McCarty, City Manager, indicated that after speaking with Mr Broyles on the phone, he felt Mr Broyles' intent was for the Council to bring the ordinance back for reconsideration. Mayor Farmer indicated there would be no action taken on this item tonight. Mayor Farmer indicated if there were any others in the audience to speak, they would be allowed to do so. Discussion was held on the legality of the ordinance in respect to state law Mr McCarty indicated that clearly, the ordinance is within the charter require- ments and state law There was no further discussion on this item. Mayor Farmer reviewed Agenda Item IX, Receive a Presentation on Recently Conducted Economic Development Surveys. Mr Joe Langan, project manager of LWFW/Cresap, Inc. will be presenting an overhead presentation and will be providing each Council member with a booklet which includes all the materials used for the presentation. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item X, Consider Invitation to Participate in Salute the Flag Activities The National Flag Day Foundation has presented a plan of action, including a proclamation, for a national effort to commemorate the flag, in particular, Flag Day, asking communities to join in an official ceremony with the Pledge of Allegiance being recited at 6.00 p.m. ALLEN CITY COUNCIL REGULAR SESSION MAY 18, 1989 Page 3 WORKSHOP SESSION - 6:45 P.M. Discussion of Consent Agenda and Regular Agenda Items (cent'd) (Agenda Item II) Mayor Farmer indicated if the Council is desirous of participating in such an event, a committee will be appointed to plan the event. Mayor Farmer reviewed Agenda Item XI, Other Business TML Conference. There was no discussion on this item. Mayor Farmer reviewed Agenda Item XI, Other Business. Collin County Public Officials Association. The meeting was scheduled for this evening, therefore no one was able to attend. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item XI, Other Business. Subcommittee Reports He indicated he would come back to this item later Mayor Farmer reviewed Agenda Item XI, Other Business Items of Interest. Bill Petty, Director of Community Development, indicated the report on the Shell Station shows that contamination was very negligible. Arrangements have been made to remove the tanks, back fill the holes and obtain the permit from the Water Commission. Mayor Farmer reminded the Council of the Police and Courts open house on Sunday, 3 00 p.m. to 5.00 p.m. Mayor Farmer reviewed Agenda Item XII, Executive Session, Personnel. There was no discussion on this item. Council Committee Reports: Finance/Administration (Agenda Item III -A) This agenda item was passed over There was no discussion on this agenda item. Council Committee Reports: Development (Agenda Item III -B) Councilman Wolfe reported a Development Forum will be held Tuesday at 7.00 p.m. Mr Wolfe also reported that the lights on Main Street have been researched and no further discussions will take place regarding this particular item. Council Committee Reports: Services (Agenda Item III -C) This agenda item was passed over There was no discussion on this agenda. I I ALLEN CITY COUNCIL REGULAR SESSION MAY 18, 1989 WORKSHOP SESSION - 6:45 P.M. Items of Interest to the Council Page 4 (Agenda Item IV) Mayor Farmer noted that Bryce Herrod, a sixth grade student, will be undergoing surgery With no further discussion, the workshop session of the Allen City Council was adjourned at 7 25 p.m. on Thursday, May 18, 1989 REGULAR SESSION - 7:30 P.M. With a quorum of the Council Members present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7 35 p.m. on Thursday, May 18, 1989, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas CONSENT AGENDA (Agenda Item V) MOTION: Upon a motion made by Councilman Glass and seconded by Councilman Wolfe, the Council voted five (5) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows. A. Approval of City Council Minutes of May 4, 1989 - Regular Session. B Approval of City Council Minutes of May 11, 1989 - Called - Special Session. C Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows. 1 Grab= Associates $14,775.00 CIP Project No. 75-002-2 Construction of the Main Street Phases II & III - Engineering Services Period. Thru April 25, 1989 2. Gohmann Asphalt $2,465 39 CIP Project No. 70-001-1 Construction of Astor Street - Asphalt Paving Period. Thru April 3,4,5 & 6, 1989 ALLEN CITY COUNCIL REGULAR SESSION MAY 18, 1989 Page 5 I CONSENT AGENDA (cont'd) (Agenda Item V) 3. Professional Services $358 00 CIP Project No. 90-002-6 Construction of 2.0 MG Elevated Water Tower - Inspection & Testing Period. Thru March 31, 1989 4. Cummings & Pewitt $835 00 CIP Project No. 90-006-2 Construction of U S 75 & Bethany Road - Sanitary Sewer Relocation Period. Thru March 31, 1989 5 Cummings & Pewitt $2,839 50 CIP Project No. 90-006-2 Construction of U S. 75 & Bethany Road - Design Services Relocation Period. Thru March 31, 1989 6. Glenn Thurman CIP Project No. 35-001-1 $10,052 43 Construction of Municipal Complex Infrastructure - Construction Period. Thru May 5, 1989 7 Electrostatic On -Site Service $846.50 CIP Project No. 40-001-6 Police & Courts Building - Painting File Cabinets/Lockers Period. Thru April 17, 1989 8 Alfax Manufacturing $528.85 CIP Project No. 40-001-6 Police & Courts Building - Office Furniture Period. Thru April 21, 1989 9 Nortex Nursery $383.65 CIP Project No. 40-001-6 Police & Courts Building - Landscaping Period. Thru May 9, 1989 I I 11 L ALLEN CITY COUNCIL REGULAR SESSION MAY 18, 1989 Page g CONSENT AGENDA (cont'd) (Agenda Item V) 10. Hidell Architects $664.86 CIP Project No. 55-001-3 Construction of Library Building - Architectural Services Period. Thru April 30, 1989 11 Bartex, Inc. $4,646.52 CIP Project No. 55-001-1 Construction of Library Building - General Construction Period. Thru April 24, 1989 12. TMC Foundations $17,054.10 CIP Project No. 40-001-1 Construction of Police & Courts Build- ing - Construction Period. Thru April 17, 1989 D Resolution 923-5-89(R): A Resolution of the City Council of the City of Alien, Collin County, Texas Authorizing an Adjustment to the 1986 & 1987 Tax Rolls E. Schedule of Taxes Receivable as of April 30, 1989 F Set June 15, 1989 as the Public Hearing Date on a Request for a Specific Use Permit from Car Wash Systems of Texas for an Auto Laundry Facility Located on FM 2170 East of Cedar Drive and West of Dogwood as Requested by Mr Jim Duke. The motion carried. End of Consent Agenda Presentation of Plaque of Appreciation to Jim Pendleton, Outgoing Member of the Allen City Council (Agenda Item VI) Mayor Farmer presented a plaque of appreciation to Jim Pendleton, Place No. 5, outgoing member of the Allen City Council, in recognition and appreciation for his dedicated service to the citizens of Allen, Texas, April 1985 to May 1989 Mr Pendleton extended his appreciation and thanks to the Council, City Manager, Department Heads and the citizens of Allen. He expressed his intention to stay involved in the community in the future. ALLEN CITY COUNCIL REGULAR SESSION MAY 18, 1989 Page 7 Public Hearing: Request for a Specific Use Permit and Site Plan Ap- proval for a Retail Nursery Location. PeterWetsel Survey, Abstract No. 990, Southern Part of Tract 8, further described as being 811 East Main. Zoning: Planned Develop- ment/Shopping Center No. 5. Requested by - Mark Puckett and Ward Paxton (Agenda Item VII) and Ordinance No. 924-5-89: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as Therefore Amended, so as to Attach a Specific Use Permit for a Plant Nursery with Site Plan Approval, Therefore Restricting the Southern Portion of Tract 8, Abstract 990, Peter Wetsel Survey, of the City of Allen, Collin County, Texas, Further Described as 811 E. Main Street, Allen, Texas; Presently Delineated on the Official Zoning Map as Planned Development -Shopping Center (PD -SC) No. 5; Providing for Exhibit "O" Site Plan; Providing for Special Conditions at Time of Platting; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. (Agenda Item VII) Mayor Farmer read the request into the record as follows. "Public Hearing on a Specific Use Permit and Site Plan for a Retail Nursery Located at 811 East Main Street as Requested by Mark Puckett and Ward Paxton and Consider an Ordinance Approving the Specific Use Permit." Mr Joe Barton King spoke requesting a specific use permit with site plan approval for a retail plant nursery The property is adjacent to the eastern boundary of Braum's Ice Cream establishment and north of FM 2170. Mr King E ALLEN CITY COUNCIL REGULAR SESSION MAY 18, 1989 Page 8 Ordinance No. 924-5-89 (cont'd) (Agenda Item VIII) discussed parking, fire lanes, ingress, egress, composition of the building, and the indoor/outdoor layout. Mr King discussed the understanding he had regarding the future right-of-way having to be settled as part of the platting process. Mayor Farmer opened the public hearing No one appeared to speak either for or against the request. Mayor Farmer closed the public hearing Mr Petty, Director of Community Development, indicated that all parties are in agreement with regard to the additional right-of-way requirements for future alignment of FM 2170. He indicated the consultant selection process regarding this alignment will come before the Council the second meeting in June. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Glass, the Council voted five (5) for and none (0) opposed to approve the specific use permit and site plan for a retail nursery in accordance with the recommendation of the Planning and Zoning Commission, as stated, and to adopt Ordinance No. 924-5-89, with an amendment stating that at the time of platting, the ROW alignment of FM 2170 will be platted and dedicated to reflect the State Department of Highways and Transportation design standards and satisfy the City of Allen alignment study The motion carried. Request to Appear by Dave Broyles Concerning the Ban of Bicycling on FM 2170 Between Highway 75 and Custer (Agenda Item VIII) Mr Dave Broyles spoke before the Council regarding the recent ordinance banning bicycling on FM 2170 between US 75 and Custer Road. Mr Broyles distributed additional materials to the Council for their information. He related his thoughts regarding accidents due to bicyclists and the lack of east/west routes for bicyclists Mr Broyles requested the route be marked as a bicycle route to assure bicycle safety Council expressed their concern with the safety of the bicyclists, the condition of the roadway at the present time, and the fact that FM 2170 is a demand route for vehicle traffic. Mayor Farmer invited any other comments from the audience. Mr Roger Coker, 1209 Thoreau Lane, spoke before the Council. He expressed his thanks to the Council, showing its leadership in dealing with a very unsafe situation by passing the recent ordinance addressing bicyclists on FM 2170. This item did not require any action at this time. ALLEN CITY COUNCIL REGULAR SESSION MAY 18, 1989 Page 9 Receive a Presentation on Recently Conducted Economic Development Surveys (Agenda Item DI) E.T Boon, Chairman of the Allen Economic Development Alliance discussed the formation of the Alliance and the responsibility of the Alliance to bring a plan to the Council regarding Economic Development strategy in Allen. Mr Joe Langan, project manager of LWFW/Cresap, Inc. displayed a slide presentation to the Council and offered information regarding the results of the community assessment to help determine the strengths and weaknesses of doing business in Allen and the expectations of all residents with respect to the types of development and the level of public involvement in economic development. The Council discussed aspects of particular questions with Mr Langan. A copy of each questionnaire was distributed to the Council. This item was received as a matter of information. There was no action taken on this item. Consider Invitation to Participate in Salute The Flag Activities (Agenda Item X) Mayor Farmer advised that the City recently received an invitation from the National Flag Day Foundation, Inc. to honor the flag on Flag Day, June 14, 6.00 p.m., by citing the Pledge of Allegiance. The Council felt it would be appropriate for the City of Allen to participate in such an event. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Glass, the Council voted five (5) for and none (0) opposed to authorize the City's participation in National Flag Day and direct the Mayor to proceed with the accomplishment of these local activities The motion carried. Mayor Farmer presented a proclamation from the Office of the Mayor proclaiming June 14, 1989 as Flag Day in Allen, Texas, urging all citizens to pause at 6.00 p.m. on this date for the tenth annual PAUSE FOR THE PLEDGE and recite with all Americans the Pledge of Allegiance to our Flag and Nation. TML Conference (Agenda Item XI -A) Mayor Farmer advised the Council regarding the TML Annual Institute for Mayors and Councilmembers will be held June 23-25 in Corpus Christi. The Finance/Administration committee will coordinate those wishing to attend this informative conference. Collin County Public Officials Association (Agenda Item XI -B) Mayor Farmer announced the Collin County Public Officials Association banquet was being held the same night as the Council meeting, May 18, so no one was able to attend. ALLEN CITY COUNCIL REGULAR SESSION MAY 18, 1989 Page 10 Council Subcommittee Reports (Agenda Item XI -C) Councilman Wolfe announced that the Community Forum will be held Tuesday, May 23, at 7.00 p.m. Items of Interest (Agenda Item XI -D) Mayor Farmer advised of the Police and Courts open house on Sunday, May 21 from 3-5 p.m. Executive Session (Agenda Item XII) In accordance with Article 6252-17, V.A. T C. S ( Open Meetings Law) , Section 2(g), the Allen City Council convened into Executive Session at 8:50 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to Personnel. The Executive Session was adjourned at 9.47 p.m. Reconvene (Agenda Item XIII) The Allen City Council reconvened into regular session at 9.48 p.m. on Thursday, May 18, 1989, in the Council Chambers of the Allen Municipal Annex. There was no action related to items discussed in Executive Session. Adieus (Agenda Item XIV) MOTION: Upon a motion made by Councilman Glass and seconded by Councilman Womack, the Council voted five (5) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9.49 p.m., on Thursday, May 18, 1989 The motion carried. These minutes approved on the 1st day of June, 1989. APPROVED• E c—_ Joe Farmer, MAYOR ATTEST J y Moa son, ACTING CITY SECRETARY