Min - City Council - 1996 - 04/04 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 4, 1996
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 6:30 p.m. on Thursday, April 4, 1996, in the Lunch Room of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
[V!�FiLKSIm,
(Agenda Item II)
Discussion was held regarding the trip to Scottsdale, Arizona in conjunction with the Allen Independent
School District (AISD). The date has not been set at this time.
The Twin Creeks Facilities Agreement has been pending since 1994. The new draft has approximately 30
paragraphs and Twin Creeks has made significant changes to the document. The City Manager is meeting next
week with Twin Creeks officials to see what might be changed prior to meeting with the entire organization.
There has been no further contact with the residents regarding the overhead power lines near Bethany
Road. Don Copenhaver is the designated spokesman for the group.
A report was given on the Dallas Regional Mobility meeting held in Austin recently Council agreed that
it would support the concept of development of a North Texas Tollway Authority to be formed as soon as possible.
The Southern Pacific Railroad has cleared the way for the Exchange railroad crossing.
Present:
Joe Farmer, Mayor
Councilmembers:
Lonnie Thomas
David Kerr
Doug Gallagher
Mike Nichols, Mayor Pro Tem
Steve Terrell
David Bishop
City Staff:
Jon McCarty, City Manager
�!
Judy Morrison, City Secretary
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 4, 1996
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 6:30 p.m. on Thursday, April 4, 1996, in the Lunch Room of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
[V!�FiLKSIm,
(Agenda Item II)
Discussion was held regarding the trip to Scottsdale, Arizona in conjunction with the Allen Independent
School District (AISD). The date has not been set at this time.
The Twin Creeks Facilities Agreement has been pending since 1994. The new draft has approximately 30
paragraphs and Twin Creeks has made significant changes to the document. The City Manager is meeting next
week with Twin Creeks officials to see what might be changed prior to meeting with the entire organization.
There has been no further contact with the residents regarding the overhead power lines near Bethany
Road. Don Copenhaver is the designated spokesman for the group.
A report was given on the Dallas Regional Mobility meeting held in Austin recently Council agreed that
it would support the concept of development of a North Texas Tollway Authority to be formed as soon as possible.
The Southern Pacific Railroad has cleared the way for the Exchange railroad crossing.
ALLEN CITY COUNCIL
WORKSHOP SESSION
APRIL 4, 1996
Discussion of Consent Agenda
an�gaIar Agenda Ite+�s
PAGE
(Agenda Item III)
Mayor Fanner began the review of the Consent Agenda items. Discussion was held regarding Agenda Item
VII, Request to Appear by Library Board Regarding Planned Use of Library Meeting Room. Fritz Dietrich,
Chairman of the Library Board, will be present this evening to discuss the planned use of the Library Meeting
Room.
Discussion was held regarding Agenda Item IX, Public Hearing on a Request for a Specific Use Permit
to Allow a Restaurant/Private Club at the Allen Heights Shopping Center Addition Located at 1201 East Main
Street, Allen, Texas as Requested by Eric G. Morales. Discussion was held regarding the distances from the
restaurant/private club to the nearby church and daycare center. Both of these establishments are well within the
guidelines of a restaurant/club
Discussion was held regarding Agenda Item XI, Authorize Execution of a Contract with Collin County and
Approve Construction of Two Lanes of Allen Heights to Parker City Limit. Discussion was held regarding the
improvement to the Allen Heights Road and the possible ramifications of this issue due to the current litigation
between the cities.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:32 p.m. on Thursday. April 4, 1996.
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 Farmer at 7 40 p.m on Thursday, April 4, 1996 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item IV)
MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Gallagher, 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 March 21, 1996, Regular Meeting.
B. Approve Minutes of Joint Council/Planning & Zoning Special Called Meetings of
February 29, March 6 and March 25, 1996,
C. Authorize Execution of a Lease Agreement with AT&T for a Cellular Antennae on
Rowlett Water Tower.
Council authorized City Manager Jon McCarty to execute a five-year lease agreement with
AT&T on the Rowlett water tower. The negotiated monthly amount is $850. The
payments start when construction begins or August 1, 1996, whichever occurs first.
AT&T will have five additional five-year lease options with a 25% increase in rent each
renewal.
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 4, 1996 PAGE 3
D. Authorize Expenditure of Street Bond Funds for Storm Sewer Adjacent to Rountree School
in a Private Easement Necessary for FM 2170 East Construction
Council authorized City Manager Jon McCarty to enter into a contract with Moss
Construction in the amount of $14,800.10 for the extension of the storm sewer by
Rountree Elementary School on FM 2170.
E. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement
Program as follows
1. Clark Condon Associates $2,316.98
For Cottonwood Park
1994 Park Bonds
Period: Thin February 1996
2. XIT Paving and Construction $22,876.70
For: Allen Heights
1985 Existing Street Bond Funds
Period: March 1996
3. Murray Construction Co. $119,805.75
For. 24" Water US 75/Bethany 12" West Side
1992 & New Water & Sewer Bonds
Period: Thin April 4, 1996
4. Alpha Testing, Inc. $420.00
For Allen Heights
1985 Existing Street Bond Funds
Period: March 1996
F Set April 18, 1996 as the Public Hearing Date to Consider Establishing Reinvestment
Zone #6 in Support of the Relocation of an Industrial Company to Allen.
The motion carried.
End of Consent Agenda
Council Committee Renorts
Services:
No report.
(Agenda Item V)
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 4,19% PAGE 4
Finance/Administration:
No report.
Development:
Mayor's:
Update on signalization and roads
Review current Council agenda
South Butler Drive
Conservancies
Citizen's Comments (Agenda Item VI)
There were no citizen's comments.
Request to Appear by Library Board
Regarding Planned Use of Library Meeting Room (Agenda Item VII)
Fritz Dietrich, Chairman of the Library Board, appeared before the Council with regard to the planned use
of the Library Meeting Room. The Board recognizes the space problems at City Hall and understands the use for
the library to share its meeting room space with the Council and other City departments. However, the Board has
several major concerns:
impact on the successful and growing childrens' programs due to modifications to the room to
accommodate Council needs;
Friends of the Library's use of the room to perform fundraising events due to modifications to the
room to accommodate Council needs;
concerns regarding policies in place that restrict noise levels, food, drink and tobacco products,
and the security of the materials and equipment in the reading areas;
the need for scheduling and upkeep of the room to provide room arrangements for various needs;
the length of time that this arrangement can be expected to continue before other arrangements can
be made.
Council will be taking this issue under advisement.
E ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 4,19%
PAGES
Public Hearing on a Request for a Specific Use Permit to Allow
an Auto Glass Shop at Bethany Plaza Shopping Center Addition,
717 South Greenville Avenue. as Requested by Joseph C. Sparks (Agenda Item VIII)
Bill Petty, Community Development Director, reviewed the request for a Specific Use Permit to allow an
auto glass shop at Bethany Plaza Shopping Center which is at the northeast corner of Bethany Drive and SH 5.
Although much of their business is off premise, the proponent indicates that any installations on premise will be
completed inside the facility and not in the parking lot or fire lanes
Planning and Zoning Commission findings include:
1. The use is compatible to the shopping center.
2. There was no opposition expressed.
3 The Fire Marshal's requirements will be satisfied.
4. There will be no overnight storage of vehicles.
Mayor Farmer read the request into the record as follows:
"Public Hearing on a Request for a Specific Use Permit to Allow an Auto Glass Shop at Bethany
Plaza Shopping Center Addition, 717 South Greenville Avenue, as Requested by Joseph C.
EJ Sparks."
Mayor Farmer opened the public hearing and asked anyone speaking either for or against the request to
do so at this time.
Mike Howland, 7718 Morini Drive, Dallas. Texas, spoke in support of the Specific Use Permit to allow
an auto glass shop at Bethany Plaza Shopping Center.
With no one else speaking either for or against the request, Mayor Farmer closed the public hearing
MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to confirm the Planning and Zoning Commission
recommendation by request from Joseph C. Sparks for a Specific Use Permit to allow an auto glass
shop at Bethany Plaza Shopping Center Addition, 717 S. Greenville Avenue, Allen, Texas. The
motion carried.
Public Hearing on a Request for a Specific Use Permit to
Allow a Restauramt/Private Club at the Allen Heights
Shopping Center Addition Located at 1201 East Main
Street, Allen. Texas as ReQuested by Eric G. Morales (Agenda Item IX)
Bill Petty, Director of Community Development, reviewed the Specific Use Permit request for a
restaurant/private club for Puerto Escondido Restaurant in the Allen Heights Shopping Center located at the
northwest comer of Allen Heights Drive and FM 2170.
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 4, 1996
Planning and Zoning Commission findings include
PAGE 6
1 There was no opposition expressed to the request.
2. The request meets State law in regard to distance from a school, church, or hospital use, and City
requirements with regard to residential use.
3. The request meets all City requirements.
4. The use is suitable for a shopping center at this location
5. The parking is adequate.
6. The use is compatible to the adjacent General Business zoning to the west.
7 The private club is shielded from the general public.
Tony Eades reviewed the site plan, the Boor plan and answered specific questions the Council had
regarding this restauram/private club.
Mayor Fanner read the request into the record as follows:
"Public Hearing on a Request for a Specific Use Permit to Allow a Restaurant/Private Club at the
Allen Heights Shopping Center Addition Located at 1201 East Main Street, Allen, Texas as
�+ Requested by Eric G. Morales."
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
With no one speaking either for or against the request, Mayor Farmer closed the public hearing.
MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to confirm the Planning and Zoning Commission
recommendation by request from Eric G. Morales for a Specific Use Permit to allow a
restaurant/private club at the Allen Heights Shopping Center Addition, 1201 East Main Street,
Allen, Texas The motion carried.
Public Hearing on a Request to Establish
Reinvestment Zone #5 in Support of a Business
Moving into Millennium Business Park and
Located Adjacent to Century Drive and Consider
an Ordinance Implementing Reinvestment Zone #5 (Agenda Item 7f)
David Pitstick, Director of Economic Development, indicated to the Council it was necessary for the
creation of a reinvestment zone in support of Sunbelt Telecommunications moving into the Millennium Business
Park This piece of property is east of Century Parkway and consists of approximately 5 6 acres of land. Mr.
Pitstick introduced ]ay Fitzgivens, Mark Stahl and Paula Mann, President of Sunbelt Telecommunications. She
explained the workings of the company and its customer base.
Mayor Fanner read the request into the record as follows:
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 4,19% PAGE 7
"Public Hearing on a Request to Establish Reinvestment Zone #5 in Support of a Business Moving
into Millennium Business Park and Located Adjacent to Century Drive and Consider an Ordinance
Implementing Reinvestment Zone #5 "
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
Dave Powyszynski, 1525 Rivercrest Boulevard, Allen, Texas, requested information regarding ingress and
egress of deliveries to this company
With no one else speaking either for or against the request, Mayor Fanner closed the public hearing.
Ordinance No. 141896: An Ordinance of the City of
Allen, Collin County, Texas, Designating a Certain
Area as an Industrial Reinvestment Zone; Providing
for the Establishment of Agreements within the Zone,
and Other Matters Relating Thereto; Providing
Findings of Fact; Providing a Severability Clause; and
Providing an Effective Date for the Commencement of
the Reinvestment Zone and this Ordinance.
MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1418-4-96 as
previously captioned The motion carried.
Authorize Execution of a Contract with
Collin County and Approve Construction of
Two Lanes of Allen Heights to Parker City Lunn (Agenda Item XI)
George Conner, Director of Public Works, reviewed with the Council the need for extending Allen Heights
from the end of our concrete to the Parker city limits which now crosses the piece of property recently annexed
by Allen of the Allen Land Joint Venture property Since the City of Parker has contracted with Collin County
to do certain road work for them, it would be appropriate for the City of Allen to contract with Collin County to
extend that roadway to our southern most boundary of Allen Heights at the present time. Allen Joint Venture has
agreed to deed the City of Allen a 60 -foot right-of-way for the road and allowances for gas company line locations.
Grayson/Collin Co-op Electric will need to relocate their poles and have offered to do that free of charge if an
easement is received from the Hall property
MOTION: Upon a motion made by Councilmember Kerr and a second by Mayor Pro Tem Nichols, the
Council voted seven (7) for and none (0) opposed to authorize the City Manager to execute an
interlocal agreement with Collin County to extend Allen Heights from the end of our concrete at
the present time to the Parker city limit in an amount not to exceed $20,000 to be available from
the Street Bond Funds and authorize Staff to execute the easements and deeds necessary for
specific right-of-ways. The motion carried.
I
L,
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 4, 1996
Authorize Contracting for Engineering Services
for Design of Street, Drainage and Water and
Sewer Improvements on Bethany Drive Adjacent
toha Lakes and a Project Budget
PAGE 8
(Agenda Item XII)
George Conner, Director of Public Works, discussed three projects necessary at the south boundary of
Bethany Ickes Park. The picJmts me the conversion of the two-lane asphalt to a two-lane concrete road with curb
and gutters and the extension of the water and sewer lines across the park. The intersection improvement of
Bethany and Allen Heights had been deleted from the Allen Heights project but needs to be completed in the future.
Following is a budget for these projects
ITEM
COSTS
SOURCE
TWOLANES
$248,000
STREET BONDS
INTERSECTION
260,300
STREET BONDS
WATER LINE
45,700
W & S BONDS
SEWER LINE
49,000
W & S BONDS
ROW
47,400
STREET BONDS
ENGINEERING
49,400
BOTH BONDS
CONTINGENCY
70,200
BOTH BONDS
TOTAL
$770,000
BOTH BONDS
MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councdmember Gallagher, the
Council voted seven (7) for and none (0) opposed to approve the budget, authorize the bidding
process and authorize the City Manager to sign a contract with Hunter and Associates for
engineering and consulting services in the amount of $49,400. The motion carried
Calendar
April 17 7:30 p.m Council Chambers
May 23 6:00 p.m. Library Meeting Room
Items of Interest
There were no items of interest.
(Agenda Item XIM
(Agenda Item XIII -A)
P&Z/Council Joint Public Hearing
Joint Council/AISD/Chamber of Commerce
(Agenda Item XIII -B)
ALLEN CITY COUNCIL
REGULAR SESSION
'l APRIL 4, 1996
PAGE 9
(Agenda Item XIV)
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 9:00 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen,
Texas in order to discuss matters pertaining to litigation regarding Parker annexations.
The Executive Session was adjourned at 10:30 p.m.
Reconvene and Consider Action on Items Discussed During Executive Session (Agenda Item XV)
The Allen City Council reconvened into regular session at 10:31 p.m. on Thursday, April 4, 1996, in the
Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive
Session.
Adjourn
(Agenda Item XVI)
MOTION: Upon a motion made by Councilmember Kerr and a second by Mayor Pro Tem Nichols, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 10:32 p.m. on Thursday, April 4, 1996 The motion carried.
These minutes approved on the 18th day of Al2ril , 1996.
APPROVED:
ATTEST:
��___i���
J Mo on, CMC, CITY SECRETARY