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Min - City Council - 1996 - 04/18 - RegularALLEN CITY COUNCIL REGULAR MEETING APRIL 18, 1996 Joe Farmer, Mayor Lombe Thomas David Kerr (absent) Doug Gallagher Mike Nichols, Mayor Pro Tem Steve Terrell David Bishop City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary 1I 1 ♦ 41'1 _ 1' • u With a quorum of the Councdmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:27 p.m. on Thursday, April 18, 1996, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas (Agenda Item IY) 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 recessed into Executive Session at 628 p.m. in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to confer with City Attorney regarding pending litigation on personnel, annexation and ASAP sewer The Executive Session was recessed at 7:00 p.m (Agenda Item ll) The workshop session of the Allen City Council reconvened at 7.00 p.m. in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. ALLEN CITY COUNCIL WORKSHOP SESSION APRIL 18, 1996 PAGE The preliminary estimate of taxable property in the City of Allen for 1996 is approximately $1,235,000.000. This includes $100 million of new construction and $1,800,000 of new personal property for a total of $101,800,000. Discussion was held regarding the overhead power line options on Bethany Road. Council agreed there were no other options open for these lines and there will be no agenda item coming forward on May 2. Information was distributed regarding the purchase of the wooded area south of McDermott. Discussion was held regarding the building of the road and the bridge and the timeframe of the construction of the infrastructure. Discussion of Consent Agenda and Reg II}�r Agenda Items (Agenda Item III) There was no discussion concerning the consent agenda and regular agenda items With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:35 p.m. on Thursday, April 18, 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 7:39 p.m. on Thursday, April 18, 1996 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 Mayor Pro Tem Nichols and a second by Councilmember Bishop, the Council voted six (6) 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 April 4, 1996, Regular Meeting. B. Approve Minutes of Spring Planning Session, March 29-30, 1996. Authorize City Manager to Execute Contract for Water Meter Supplier. Council authorized City Manager Jon McCarty to execute a one-year contract with three additional one-year options for renewal with Industrial International, Inc. The per unit costs are listed below SIZE PRICE PER UNIT 5/8 $24.29 3/4 43.26 1 7104 ALLEN CITY COUNCIL REGULAR SESSION APRIL 18, 1996 PAGE 3 SIZE PRICE PER UNIT 11/2 185.50 2 858.00 3 1,145.98 4 1,665.65 6 2,974.00 D. Adopt an Ordinance Confirming the City Council's Action of April 4, 1996 to Attach a Specific Use Permit to Allow a Restaurant/Private Club in the Allen Heights Shopping Center Located at the Northeast Corner of Allen Heights Drive and FM 2170, Suite 200. Ordinance No. 14204-96: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87 as Previously Amended, by Approving a Specific Use Permit for a Restaurant/Private Club on the Following - Described Tract of Land: Suite 200 of the Allen Heights Shopping Center Addition, Currently Zoned PD -No. 1, City of Allen, Collin County, Texas; Providing for Exhibit "D" Site Plan; Providing for Exhibit "E" Floor Plan; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a IF Severability Clause; and Providing for the Effective Date of Said Ordinance. E. Adopt an Ordinance Confirming the City Council's Action of April 4, 1996 to Attach a Specific Use Permit to Allow an Auto Glass Store in the Bethany Plaza Shopping Center Located at the Northeast Corner of Bethany Drive and SH 5, Suite 133. Ordinance No. 1421-4-%: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87 as Previously Amended. by Approving a Specific Use Permit for an Auto Glass Store in the Bethany Plaza Shopping Center on the Following -Described Tract of Land: Suite 133 of the Bethany Plaza Shopping Center, City of Allen, Collin County, Texas; Providing for Terms and Conditions; 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. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement Program as follows: RAM Software Systems $450.00 For: Communications System Upgrade 1994 Bonds Period: March 13-27, 1996 ALLEN CITY COUNCIL REGULAR SESSION APRIL 18, 1996 PAGE 4 2. Boone Electric Company $380.00 For: Library Addition 1985 Interest Earned Bond Period: March 1996 3. Allen Hill Associates $21.944.64 For Whisenant/Alma/Anna Street/Drainage Bonds Period: thin March 1996 4. Harte Hanks Newspaper $19.25 For SH 5 Advertising Existing Street Bonds Period: March 1996 5. Gay & McCall, Inc. $1,774.68 For. Pump Station/Ground Storage Water Impact Fees Period: through March 22, 1996 G. Tax Report. H. Set May 16, 1996 as the Public Hearing Date on a Request to Attach a Specific Use Permit with Site Plan to Allow a Restaurant/Private Club at 401 East Central Expressway South. The motion carried. End of Consent Agenda Council Cotntnittee Rept (Agenda Item VI) Services: Allen annual shelter Large water users Joe Fanner Recreation Center opening Finance/Administration: Electrical Franchise Agreement Capital Improvement Projects status report General Obligation Bond sale ALLEN CITY COUNCIL REGULAR SESSION APRIL 18, 19% PAGE 5 Development: US 75 and McDermott intersection Improvements to Rowlett Road and Alma Drive Improvements to Bethany from US 75 to Watters Crossing Update on zoning ordinance Update on Building Standards Committee Mayor's: Review of current Council agenda Realignment of Butler Drive extension Bond program Central Appraisal District report Underground power line issue Citizen's Comments (Agenda Item VII) Bernd Dorflein, 203 Sycamore Creek Road, Allen, Texas 75002, spoke before the Council regarding becoming a "sister city" with a foreign country Additional information will be solicited by the City Secretary and will bring before the Mayor's Subcommittee Meeting at a future date. Robert D Robertson, 742 Ridgemont, Allen, Texas 75002, did not speak, however, voiced opposition against the overhead power lines on Bethany Drive. John C. Howell, 743 Ridgemont Drive, Allen, Texas 75002, expressed opposition to the overhead power lines on Bethany Drive. He presented a possible option for the overhead power lines and requested information from the Assistant City Manager with regard to the safety issue. Ad Hoc Committee Chairman Nichols will be contacting Mr. Howell this week. Public Hearing on a Request for a Specific Use Permit to Allow an Auto Laundry with Gasoline Sales as an Accessory Use and Attach an Additional Specific Use Permit for an Office Showroom/Warehouse with Site Plan Approval on a 3.2 Acre Tract of Land, Located East of SH 5 between BethaBy Drive and Hightrail Drive (Agenda Item VII) Bill Petty, Director of Community Development, informed the Council this property is located along SH 5 between Highball Drive and Bethany Drive and is adjacent to the Davidson Car Care on the north and Christ the Servant Lutheran Church on the south. Mr. Ed Whitehill is requesting a Specific Use Permit for an office/warehouse and an amendment to the existing site plan for a previously approved auto laundry with gasoline sales There will be a self -serve car wash and a full-service car wash on this property E ALLEN CITY COUNCIL REGULAR SESSION APRIL 18,19% PAGE 6 Mr. Whitehill's operation is not only an operational service, but also a demonstration area — top of the line. This will be a headquarter's site for Mark VII Equipment. A 25' easement will provide access to adjoining properties from a median cut on SH 5. Mayor Farmer read the request into the record as follows. "Public Hewing on a Request for a Specific Use Permit to Allow an Auto Laundry with Gasoline Sales as an Accessory Use and Attach an Additional Specific Use Permit for an Office Showroom(Warehouse with Site Plan Approval on a 3 2 Acre Tract of Land, Located East of SH 5 between Bethany Drive and Hightrail Drive." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Phil Hamilton, Allen, Texas, was interested in the type of products to be warehoused from this area With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. Ed Whitehill concurred that his objective is to provide access to adjoining properties from the median cut on SH 5. Planning and Zoning findings include the following 1. The use is compatible in this district. 2. The Technical Review Committee has reviewed and approved the site plan. 3 A Specific Use Permit for a car wash had previously been approved for this location 4 Landscaping appears to be consistent with the proposed Zoning Ordinance. 5. The request meets all City requirements 6 Exterior construction materials of the buildings will be appropriate MOTION: Upon a motion made by Councihnember Gallagher and a second by Mayor Pro Tem Nichols, the Council voted six (6) for and none (0) opposed to confirm the Planning and Zoning Commission recommendation by request from Ed Wbitehill for a Specific Use Permit for an office/warehouse on SH 5 between Hightrail Drive and Bethany Drive and an amendment to the existing site plan for a previously approved auto laundry with gasoline sales as an accessory use. The motion carried. Public Hearing on a Request to Allow Mini - Warehouses by Spec Use Permit with Site Plan Approval on a 2.472 Acre Tract of Land, City of Allen. East of Butler Drive and South of McDermott Drive (Agenda Item IIQ George Conner, Director of Public Works, reviewed an update on a revision for Butler Drive extension to Century Drive. The request for a Specific Use Permit for mini -warehouses located on a triangular-shaped piece of property between Butler Drive and the Southern Pacific Railroad consists of approximately 2-1/2 acres of land. ALLEN CITY COUNCIL REGULAR SESSION APRIL 18, 1996 PAGE 7 Larry Collins, contractor for the facility and representing Mr. Phil Little, agreed to the realignment of South Butler Drive in concept and will work with Staff in the development of this plan. Planning and Zoning Commission suggested and the proponent agreed to enhance landscaping in Phases I and II, automatic irrigation, two additional parking spaces, and a facilities agreement to be completed regarding Butler Drive Mayor Farmer read the request into the record as follows. "Public Hearing on a Request to Allow Mini -Warehouses by Specific Use Permit with Site Plan Approval on a 2.472 Acre Tract of Land, City of Allen. East of Butler Drive and South of McDermott Drive." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Larry Collins indicated this would be a secured facility with on-site management with a split -face block exterior. Helen Troiani, 208 Watson Drive, Allen, Texas, requested information on exactly where this property was located. Charles Lawrence, Allen, Texas, spoke before the Council with a concern about the additional cost of the roadway to the school district. With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to confirm the Planning and Zoning Commission recommendation by request to allow mini -warehouses by Specific Use Permit with Site Plan approval on a 2.472 acre tract of land with the allowance for the proponent to work with Staff regarding the realignment of South Butler Drive. NOTE: Councilmember Bishop removed himself from the room due to the fact that he signed a conflict-of- interest form. Approve Design Change Recommendation for Median Cuts to SH 5 (Agenda Item XID The City Council directed Staff to hold public input meetings regarding the present design for median cuts on SH 5. Three public meetings were held, one for each segment between the major thoroughfares. John Friebele of Hunter Associates, Inc. was retained to attend these meetings, hear the concerns, and analyze the present and alternative design if warranted. The evaluation of median access alternatives by the engineer included the following general processes: John Friebele with Hunter Associates, Inc. proceeded to discuss the revised SH 5 median cut recommendation He reviewed the median cuts along with left-hand stacking lanes and revised locations of those median cuts. Jerry Wilson, 1706 Clearbrook, Allen, Texas 75002, spoke before the Council and stressed the economic development need for access to businesses along SH 5. He indicated that a "hooded" left-hand turn lane does not provide south -bound egress from his establishment and is requesting a full median cut. James Kerr, 406 Watson, Allen, Texas 75002, spoke in favor of the continuous two-way left hand tum lane south of McDermott and requested that Allen present this plan to the State Highway Department. Reverend Linda Sharp, 2206 Shady Creek, Richardson, Texas 75080, requested that a median be provided on the boundary of the Methodist Church and the Presbyterian Church and be centrally located between the two (2) church boundaries. Reverend Milton Gutierrez, First United Methodist Church of Allen, 601 S. Greenville, Allen, Texas, agreed with the shared medum cut with the Presbyterian Church. He indicated that approximately 2,200 to 2,500 cars enter the Methodist Church property each week to some function including daycare, church, etc. He also requested that consideration be given to a median cut access to the northern entrance to his property ALLEN CITY COUNCIL REGULAR SESSION APRIL 18, 1996 PAGE 8 1. Review and evaluation of roadway system alternatives; 2. Review of TxDot preliminary plan/profile plans for the project; 3. Review and evaluation of local and TxDOT design standards for median design and access and establishment of standards for the purpose of this study; 4. Schematic representation and tabulation of existing median access design and requested access; 5 Formulation and evaluation of alternatives; 6. Formulation of preliminary recommendations. Recommendations as a result of the evaluation were classified under the following categories: 1. Provision of additional (new) median access points with left tum storage lanes. Four (4) additional locations were added. 2. Addition of left turn storage lanes at proposed median opening locations. Four (4) locations were recommended to incorporate this additional feature. 3. Relocation of one (1) planned median opening location to serve additional properties. 4. Reduction in the length of proposed left turn storage lanes at fourteen (14) locations. This recommendation, while decreasing effective transition distance, will decrease the amount of pavement (and cost) required and provide better opportunity for possible future median landscaping. 5 Conversion of a portion of the planned roadway section for a six -lane with a raised median divider to a six -lane with a center, continuous two-way left tum lane. This recommendation would have the effect to provide cross access at four intersecting public streets, two single family lots which did not have such access with the raised median. John Friebele with Hunter Associates, Inc. proceeded to discuss the revised SH 5 median cut recommendation He reviewed the median cuts along with left-hand stacking lanes and revised locations of those median cuts. Jerry Wilson, 1706 Clearbrook, Allen, Texas 75002, spoke before the Council and stressed the economic development need for access to businesses along SH 5. He indicated that a "hooded" left-hand turn lane does not provide south -bound egress from his establishment and is requesting a full median cut. James Kerr, 406 Watson, Allen, Texas 75002, spoke in favor of the continuous two-way left hand tum lane south of McDermott and requested that Allen present this plan to the State Highway Department. Reverend Linda Sharp, 2206 Shady Creek, Richardson, Texas 75080, requested that a median be provided on the boundary of the Methodist Church and the Presbyterian Church and be centrally located between the two (2) church boundaries. Reverend Milton Gutierrez, First United Methodist Church of Allen, 601 S. Greenville, Allen, Texas, agreed with the shared medum cut with the Presbyterian Church. He indicated that approximately 2,200 to 2,500 cars enter the Methodist Church property each week to some function including daycare, church, etc. He also requested that consideration be given to a median cut access to the northern entrance to his property j ALLEN CITY COUNCIL REGULAR SESSION APRIL 18, 1996 PAGE 9 Chuck Williams, 800 Stoddard Road, Fairview, Texas 75069, requested consideration of the median cut to the north boundary of the Methodist Church property Phil Hamilton, 409 Ellis, Allen, Texas 75002, requested that the City of Allen reconsider the need for a six -lane roadway He recommended a four -lane roadway with continuous left-hand runt lanes. Consideration might be given to stop lights along the area and school zones in the church vicinity Two (2) outside lanes could be built but not he used until a later date. He also requested consideration of a mass transit for the City of Allen. Terry Shelton, 904 Willow Brook, Allen, Texas 75002, agreed with the new design showing the median cuts at Jupiter Road and also into the main shopping center Ron Stenlake with RCL recommended that the north bound left-hand turn lane be constructed with the roadway at time of construction and requested the deletion of their former request regarding entry access from Davidson Car Care. Irene Bustada, Allen, Texas, requested a light at McDermott and Cedar. Susan Bartlemay, 400 Hampton Drive, Allen, Texas 75013, was in full agreement with the new recommendation provided this evening The following citizens did not wish to speak before the Council but wished to express their concerns regarding the proposed median cuts on SH 5, "Include a median cut at Station #212" Mary Elizabeth White, 765 Monticello Circle, Allen, Texas 75002; Gena Flemmer, 1703 Live Oak Lane, Allen, Texas 75002; Joann Sutton, Allen, Texas 75002; Misty Leistikow, 701 Ironwood, Allen, Texas 75002; Julia Gravley, 821 Springbrook, Allen, Texas 75002; David Franck, 1117 Timbercreek Drive, Allen, Texas 75002; June Franck, 1117 Timbercreek Drive, Allen, Texas 75002; Susan Guest, 1403 Rivercrest Blvd., Allen, Texas 75002; Sherry Brock, 1314 Rocky Creek, Allen, Texas 75002; Joyce Donaldson, 1401 Petunia, Allen, Texas 75002; Vivian Bates, 1306 Crestview Drive, Allen, Texas 75002, John Dowell, 1604 California Terrace, Plano, Texas 75023; C. Thomas Weichmann, 780 River Oaks Drive, Fairview, Texas 75069; Gerry Giles, 1014 Rockefeller, Allen, Texas 75002, Teresa H. Fecht, 1203 Crestwood Court, Allen, Texas 75002; and Marcus George, 601 S Greenville, Allen, Texas 75002; "Suggest four -lane with center turn lane or six -lanes with cuts at appropriate places, i.e. churches, entrances to housing developments, etc." ALLEN CITY COUNCIL REGULAR SESSION APRIL 18, 1996 PAGE 10 Mariana Acton, 903 Rivercrest, Allen, Texas 75002; and Gale Acton, 903 Rivercrest, Allen, Texas 75002. "Eliminate the median in front of both the Methodist and Presbyterian Churches" LaWanda Taylor, 860 Timberwood Lane, Fairview, Texas 75069; and Lois Weichmann, 780 River Oaks Drive, Fairview, Texas 75069 MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councilmember Terrell, the Council voted five (5) for and none (0) opposed with Councilmember Bishop abstaining to table this item to the May 2 agenda for final disposition of the question so that Staff and the Mayor's Subcommittee can interface with the engineer to clarify those points brought up this evening. The motion carried. NOTE: Councilmember Bishop returned to the Council bench. Public Heating on a Request to Establish Reinvestment Zone No. 6 for an Industrial Development Project in Millennium Business Park and Consider an Ordinance Effecting this Change (Agenda Item X) David Pitstick, Director of Economic Development, indicated that FSI International is a company involved in the development and manufacturing of equipment used in the production of semi -conductors. The initial proposal includes 150,000 square foot multi -use building with opportunity to expand in the future. Ben Sloan with FSI reviewed the background of the company whose headquarters is presently in Minneapolis. FSI customers are large corporations such as Motorola and Texas Instruments (TI) Mr. Sloan presented a rendering of the facility and concept plan with expansion possibilities. Presently the work force of FSI are located in Texas, California and Minnesota for a total of 600 employees, 250 of them being in Texas. Mayor Farmer read the request into the record as follows: "Public Hearing on a Request to Establish Reinvestment Zone No. 6 for an Industrial Development Project in Millennium Business Park and Consider an Ordinance Effecting this Change." 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 Ordinance No. 1422-0-96: 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 I ALLEN CITY COUNCIL REGULAR SESSION APRIL 18, 1996 Findings of Fact; Providing a Severability Clause; and Providing an Effective Date for the Commencement of the Reinvestment Zone and this Ordinance. PAGE 11 MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 14224-96 as previously captioned. The motion carried. Authorize Execution of a Contract with FSI International. Inc. Providbie Tax Abatement Incentives (Agenda Item XI) Along with the Reinvestment Zone, it is necessary to authorize the execution of a contract with FSI International providing for tax abatement incentives MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to authorize the Mayor to execute a contract with FSI International, Inc. to provide tax abatement incentives which will apply to the value of the FSI building and personal property, not real estate. The motion carried. Calendar (Agenda Item XIII) (Agenda Item XIII -A) May 30 6'00 p.m. Joint Council/AISD/Chamber Library Meeting Room Items of Interest (Agenda Item XIII -B) A 1996 and 1998 General Obligation Bond project list was presented to the Council. A final list will be brought back for Council consideration on May 16. TCI Rate Filing Status (Agenda Item XIII -C) TCI Cablevision rate filing status information was discussed with the Council by Assistant City Manager Michael Stanger. Review Bond Sale Calendar (Agenda Item XIII -D) A proposed $7,100,000 General Obligation Bond Series 1996 Debt Service Schedule was presented to Council for review The interest calculated on this item was 6% over 20 years. Executive Session Council did not reconvene into Executive Session. (Agenda Item XIV) ALLEN CITY COUNCIL REGULAR SESSION APRIL 18,19% PAGE 12 Reconvene and Consider Action on It Discussed During Executive Semi (Agenda Item XV) There was no action taken on items discussed during Executive Session. (Agenda Item XVI) MOTION: Upon a motion made by Councilmember Bishop and a second by Councdmember Terrell, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11.38 p.m. on Thursday, April 18, 1996. The motion carried. These minutes approved on the 2nd day of May , 1996. 11 ATTEST: 4-4o4 1 460A- t. - Jo y Mor n, CMC, CITY SECRETARY I APPROVED: !/�" /.,.."r, Joe Farmer, MAYOR