Min - City Council - 1996 - 09/05 - RegularI
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 5, 1996
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
1-0131!
Council met with and enjoyed the company of the Boards and Commission candidates to the Municipal
Annex, One Butler Circle, Allen, Texas.
DINNER AND SESSION - 6:00 P.MSESSION - 6:00 P.M.
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 6:45 p in. on Thursday, September 5, 1996, in the Lunch Room of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
(Agenda Item In
Information was distributed by Community Development Director Bill Petty regarding light industrial
zoning abutting the Willow Creek Estates. Discussion was also held regarding the Allen Economic Development
Corporation screening regulations on Millennium Business Park.
A walking tour of Allen Station Park took place this past week. The roadway has been changed Slightly
to depict more of a parkway through Allen Station Park. After final information is received regarding this roadway
and related bicycle traffic, Council may be asked to vary the roadway width to a 25' road rather than 30' or 31'
Strategic parking areas would absolutely be necessary in order to make this type of roadway viable. Because of
the winding roadway throughout the park, the speed of vehicles would be kept at a minimum and casual cyclists
would be using the hike and bike trails.
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Discussion was held regarding the nee survey along Exchange Roadway The Mayor indicated if Staff has
exhausted every effort to remove these trees, the Mayor will pen a letter on behalf of the Council asking that these
trees be removed as soon as possible.
Discussion of Consent Agenda
and Regular Agmda Items (Agenda Item III)
Mayor Lilly began the review of Item VI, Consent Agenda, Item J, Set Public Hearing Date of October 3,
1996, for Specific Use Permit Request with Site Plan Approval for Advantage Self Storage. Staff will be providing
Council with updated information prior to the October 3 public hearing on the Advantage Self Storage request.
Discussion was held regarding Agenda Item XII, Other Business. Council was encouraged to consider
attending the TML Region 13 meeting due to a resolution being presented regarding 4A and 4B sales tax issues.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:25 p.m. on Thursday, September 5, 1996.
Executive Session (Agenda Item IV)
The Executive Session was not held at this time.
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 7:37 p in. on Thursday, September 5, 1996 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas. Councilmember Terrell left the Council meeting due to a prior
commitment.
CONSENT AGENDA
(Agenda Item VI)
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszymkt, 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 August 15, 1996, Regular Meeting.
Approve Minutes of the August 20, 1996, Public Hearing on the Budget
C. Adopt an Ordinance Annexing a 128.365 } Acre Tract of Land Situated in the Simon
Burns Survey, Abstract 92 of the Deed Records, County of Collin, Texas, More
Commonly Known to be Located Immediately North of Bethany Road and West of Malone
Road as Requested by Ann Moore Vigil and Linda Sue Moore.
ALLEN CITY COUNCIL
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SEPTEMBER 5, 1996
PAGE 3
Ordinance No. 1446-9-%: An Ordinance of the City of Allen, Collin County, Texas,
Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately
125.365± Acres Located in the Simon Burns Survey, Abstract No. 92, Collin County,
Texas, and Extending the Boundary Limits of the City so as to Include Said Hereinafter -
Described Property within the City Limits and Granting to all Inhabitants and Owners of
Said Property all of the Rights and Privileges of Other Citizens and Binding all Inhabitants
by all the Ordinances, Acts, Resolutions and Regulations of Said City; Providing a
Severability Clause; and Providing for the Effective Date of Said Ordinance.
D. Approve a Resolution Accepting Certification of Anticipated Tax Collection Rate for the
City of Allen, Collin County, Texas, for the 1996-97 Taxable Year.
Resolution No. 1447-9-%(R): A Resolution by the City Council of the City of Allen,
Collin County, Texas Approving Certification of Anticipated Tax Collection Rate for the
City of Allen, Collin County, Texas, for the 1996-97 Taxable Year.
E. Approve the Certification of Debt Service Payments and Fund Balances as of
September 30, 1996.
F Approve the Certification of Excess Debt Service Collections for the Taxable Year 1996-
97
G. Approve a Resolution Accepting the 1996 Appraisal Roll as Approved by the Collin
County Appraisal Review Board.
Resolution No. 1445.9-%(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Approving the 1996 Appraisal Roll as Approved by the Collin
County Appraisal Review Board.
H. Approve a Resolution Authorizing the Removal of Delinquent Taxes from the Tax Rolls
on Real Property that has been Delinquent for more than 20 Years and on Personal
Property that has been Delinquent for more than 10 Years.
Resolution No. 1449-9-96tR1: A Resolution of the City Council of the City of Allen,
Collin County, Texas Authorizing the Removal of Delinquent Taxes from the Tax Rolls
on Real Property that has been Delinquent for more than 20 Years and on Personal
Property that has been Delinquent for more than 10 Years as Required by Senate Bill 722.
Approve 1996-97 Audit Engagement Letter.
1 Set Public Hearing Date of October 3, 1996, for Specific Use Permit Request with Site
Plan Approval for Advantage Self Storage.
K. Tax Report.
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L. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital
Improvement
Program as follows
1.
Helms Printing Company, Inc.
$2,889 72
For. 1996 General Obligation Bond Sale Costs
1996 General Obligation Bonds
Period: July 25, 1996
2.
Moody's Investors Service, Inc.
$8,275.00
For: 1996 General Obligation Bond Sale Costs
1996 General Obligation Bonds
Period: July 25, 1996
3.
Southwest Securities
$29,210.00
For: 1996 General Obligation Bond Sale
1996 General Obligation Bonds
Period: July 1996
4.
Alpha Testing, Inc
$1,870.00
For. Engineering and Testing Services for New Animal Shelter
1994 Bonds
Period: May 10, 1996
5.
Ron Hobbs, Architect
$8,789.23
For Architectural Services for Fire Station #3
1994 Bonds
Period: through August 1, 1996
6.
TU Electric
$30,020.00
For: Installation of Street Lights on Allen Heights at Bethany
1985 Existing Street Bond Funds
Period. August 22, 1996
7
Freese & Nichols
$2,251.15
For: Plans & Specs for 16" Water Line along Exchange Pkwy
1995 Water Bonds
Period: Services through July 31, 1996
8.
Safeco Land Title of Plano
$250.00
For: Ownership Certificates for FM 2170
Facility Agreement - Waiters Crossing
Period: August 22, 1996
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 5, 1996
PAGE 5
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Standard & Poor's
$6,000.00
For: 1996 General Obligation Bond Sale Costs
1996 General Obligation Bonds
Period: July 25, 1996
10.
Integrated Computer Systems
$7,875.00
For: Call Taker and InfoSelect Module purchase
1994 Bonds
Period: August 13, 1996
11.
W W Grainger, Inc.
$1,559 75
For: Furmture and Equipment
1994 Bonds
Period: August 21, 1996
12
JRJ Paving, Inc.
$24,723.36
For: Construction on Anna & Boyd Paving Project
1994 Street Bond Funds
Period: August 25, 1996
13
Alpha Testing, Inc.
$926.00
For. Testing for Construction on Anna & Boyd Paving Project
1994 Street Bond Funds
Period: August 15, 1996
14.
Commercial Indemnity Insurance Company
$133,709.00
For. Construction on Fire Station #3
1994 Bonds
Period: July 25, 1996 to August 28, 1996
15.
XIT Paving & Construction, Inc.
$15,808.83
For: Rendered payment #7 and final for contract on Allen Heights
1985 Existing Street Bond Funds
Period: August 28, 1996
The motion carried.
End of Consent Agenda
Council Committee Rept
Services:
No report.
(Agenda Item VII)
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ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 5, 1996 PAGE 6
Finance/Administration:
Certificate -of -Achievement for excellence in financial reporting
Cable television policy
Electric franchise agreement
Miscellaneous budget items
1996-97 work program
Development:
No report.
Mayor's:
Current Council agenda
Amendments to budget
Aviation luncheon on September 12
Region 13 meeting on September 16
Legislative update on September 27
Suncreek development cost reimbursement request from Commissioner's Court
Citizen's Comments (Agenda Item VIII)
There were no citizen's comments.
Public Hearing on a Request to Consider Flood Plain -Shopping
Center, Community Facilities and Residential Zoning for a
163.08 Acre Tract of Land, the Southeast Corner of Allen Heights
Drive and Bethany Drive. as Requested by Irene Ha tgard Bedell (Agenda Item IX)
Bill Petty, Community Development Director, reviewed the zoning request by Irene Haggard Bedell located
at the southeast comer of Allen Heights Drive and Bethany Drive. In accordance with directions provided by the
Planning and Zoning Commission, the proponent modified the land use plan to include after right -of --way dedication
13.22 net acres for shopping center, 25 -acres of R-7, 112.51 -acres of R-5, a 4.6 -acre park, 2.83 -acres of flood-
plain and a 48 -acre out parcel preserved for Shopping Center signage only The following development standards
were recommended by the Planning and Zoning Commission:
1 The City of Allen will waive future park fees in lieu of the developer's dedication of the 4.6 -acre park.
2. The owner of the shopping center will be responsible for a public access drive that will go between the
flood -plain and park site to connect the shopping center to Bethany Drive. That final design must be
accepted by the City's traffic consultant and the City of Allen Parks Department.
3. The 0.48 -acre outparcel can be used only for the placement of signage to advertise the shopping center.
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 5, 1996
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4. The owner of the shopping center will be required to construct the eastern half of Allen Heights Drive
along the frontage of both the Shopping Center and the Community Facilities/Flood-Plain tracts when the
shopping center develops. The residential developer will be required to build Bethany Drive from the
Allen Heights intersection to the eastern boundary of the development with the first phase.
The R-5 District will be restricted to a maximum of 403 units and the R-7 District will have a maximum
of 120 units.
6. The right-of-way for Bethany Drive and Allen Heights Drive shall be platted and dedicated to the City of
Allen within 30 days of the effective date of the approved zoning ordinance. The park will be platted and
dedicated with the first phase of residential development.
Pat Atkins with Tipton Engineering addressed the Council regarding this request. It is understood by all
parties involved that the commercial area will probably not develop immediately Due to lack of frontage on
Bethany, the shopping center will not greatly affect Bethany Lakes Park. Proponents will be required to construct
the southern lane of Bethany Drive as the area is developed
Mayor Lilly read the request into the record as follows:
`Public Hearing on a Request to Consider Flood Plain -Shopping Center, Community Facilities and
Residential Zoning for a 163.08 Acre Tract of Land, the Southeast Corner of Allen Heights Drive
and Bethany Drive, as Requested by Irene Haggard Bedell."
Mayor Lilly 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 Lilly closed the public hearing.
Mayor Lilly read into the record a comment from Edward H.Topfer, 307 Keith, Allen, Texas, stating his
opposition to the shopping center being located in such close proximity to Bethany Lakes Park as well as exceeding
the 8 -acres of shopping center noted m the Comprehensive Plan.
Discussion was held with regard to the density of the area and the desire of the Council to meet a density
goal of 3.2 throughout the City of Allen.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Gallagher, the
Council voted six (6) for and none (0) opposed to accept the recommendation of the Planning and
Zoning Commission to incorporate the above mentioned development standards into the Land Use
Plan for the 163.08 -acre tract of land, the southeast corner of Allen Heights Drive and Bethany
Drive, as requested by Irene Haggard Bedell. The motion carried.
Council took a brief recess.
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 5, 1996
PAGER
Request to Appear by Bob and Michelle Johnson
Regarding the JSC Building in Millemdum Technology
Park and the Development of the Allen Business Center (Agenda Item X)
Thomas (Tom) J. Whitrock, 200 Willow Creek Circle, Allen, Texas, spoke before the Council regarding
the JSC Budding in Millennium Technology Park and the development of the Allen Business Center. As the
spokesman for the individuals at Willow Creek Estates, he indicated that the citizens felt "betrayed" and that the
City did not practice due diligence to protect the homeowners and their properties from devaluation.
Bob Johnson, 198 Willow Creek Circle, Allen, Texas, speaking on behalf of the Willow Creek
homeowners indicated that the light -industrial zoning should not be appropriated next to a residential neighborhood
without some type of buffer. The City, after buying the 92 -acres at Millennium, should have handled the
development in a different manner. Mr. Johnson reviewed the information that was sent to the Council and
deliberated on various points of discussion including (1) the impact of the JSC building upon property value and
appropriate remuneration; (2) a living screen along the railroad tract to block the visual impact to include 35 live
oaks at least 20' tall and 6" in diameter to block the visual impact and the noise impact; (3) shielding of the loading
dock lights facing the homes and the color of the back of the building; and (4) an amendment to the vague zoning
ordinances to protect homeowners who share a common property line with light -industrial zones on the southern
edge of the property Mr. Johnson also reviewed a letter received from Century 21 indicating that there would be
a 5-10% detraction from the sale of the homes in this area.
Phillip Dennis, 206 Willow Creek Circle, Allen, Texas, spoke representing the Willow Creek Circle
Homeowners. Additional zoning restrictions and control were requested for the south side of the Willow Creek
Estates to control height of buildings, exterior standards, harmony to surrounding structures and normal screenings.
Bob Johnson, 198 Willow Creek Circle, Allen, Texas, again addressed the Council and requested
information on remuneration due to loss taken on sale of homes in the subdivision.
Mike Miller, 204 Willow Creek Circle, Allen, Texas, expressed a concern about the south side of Willow
Creek Estates and asked the Council to consider a "win-win" situation for the City and the homeowners. Now is
the time to put into place a pro -active code to make the community more attractive to neighborhoods as well as
businesses.
Nancy Penny, 203 Willow Creek Circle, Allen, Texas, questioned the Council whether it had thorough
discussions on the 92 -acre development prior to its being built.
Bill Petty, Community Development Director, reviewed the annexation dates, the zoning dates, and the
platting dates of Willow Creek Estates, the PD (Planned Development) south of Willow Creek Estates and
Millennium Technology Park. He also reviewed how planned developments have certain requirements regarding
light -industrial zoning. He reviewed the building set -backs and the height stipulations along with public notice
requirements for site plans. It was determined that the lighting included in the JSC Building is a box -type lighting
that will be shielded. Economic Development Director David Pitstick reviewed the deed restrictions currently in
11 place on the 92 -acre park. He also reviewed the types of companies that were building and operating in the park
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City Manager Jon McCarty reviewed the easements on the west side of Willow Creek Estates which include
water easements, sewer/drainage easements, Southern Pacific Railroad and TU Electric. He explained the paving
of JSC building line and the spacing of the TU Electric power Imes.
Michelle Johnson, 198 Willow Creek Circle, Allen, Texas, informed the Council that her family could face
bankruptcy because of this situation and that there should be a moral obligation of the City to make it right. She
asked that the City take over house payments and maintenance fees if they are unable to sell within a reasonable
amount of time.
Paul Benson, 201 Willow Creek Circle, Allen, Texas, questioned the notification procedures for the south
side of Willow Creek Estates and questioned the building lines and height stipulations.
Nancy Penny, 203 Willow Creek Circle, Allen, Texas, again spoke to the Council requesting that the
Council be "pro -active" in making changes so that this type of zoning does not happen in the future.
The Council reviewed several options available to them and proposed that an "ad-hoc committee"
consisting of one member from each standing committee, three homeowner representatives, and Staff work together
to explore the options available on this issue. This committee will meet expeditiously and come to a speedy
conclusion. The Council took no other action on this item.
NOTE: Councilmember Terrell returned to the Council meeting.
Approve the Following Items
Related to Fiscal Year 1996-97 Budget
Ordinance Setting the Appropriations
Ordinance No. 1450-9-96: An Ordinance of the City
of Allen, Collin County, Texas, Amending the
Appropriations for the 1995-96 Fiscal Year Budget
and Approving and Adopting the Budget and Setting
Appropriations for the Fiscal Year Beginning
October 1, 19% and Terminating September 30, 1997;
and Providing for an Effective Date.
(Agenda Item XI)
(Agenda Item XI -A)
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councihnember Gallagher, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1450-9-96 as
previously captioned. The motion carried.
Ordinance Setting the Tax Rate (Agenda Item XI -B)
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REGULAR SESSION
SEPTEMBER 5, 1996 PAGE 10
Ordinance No. 1451-9-96: An Ordinance of the City
of Allen, Collin County, Texas, Setting, Fixing, and
Adopting the Tax Rate for the City of Allen, Texas,
for the Fiscal Year Beginning October 1, 19%, and
Ending September 30, 1997; and Providing an
Effective Date for this Ordinance.
MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Powyszynski, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1451-9-96 as
previously captioned. The motion carried.
Other Business (Agenda Item XIn
Appointments to Boards (Agenda Item XII -A)
An Interview Committee consisting of Mayor Pro Tem Kerr and Councihnembers Owen and Powyszymid
has been set up to interview interested candidates for City boards next week. Recommendations and appointments
will be made on September 19
Calendar (Agenda Item XII -B)
There was no discussion concerning the calendar.
Items of Interest (Agenda Item XII -C)
There were no items of interest.
TML Region 13 Meeting Attendance (Agenda Item XII -D)
Council was encouraged to attend the Texas Municipal League (TML) Region 13 meeting to be held on
Monday, September 16, in Lone Star Park in Grand Prairie.
Executive Session (Agenda Item IV)
In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section
551.072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into
Executive Session at 11.30 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen,
Texas in order to discuss matters pertaining to
Council employee evaluations
Parker annexation litigation
Staff report on Economic Development prospects
The Executive Session was recessed at 12:45 a.m.
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SEPTEMBER 5,19%
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Reconvene and Consider Action on Items Discussed During Executive Session (Agenda Item V)
The Allen City Council reconvened into regular session at 12:46 a.m. on Friday, September 6, 1996, in
the Council Chambers of the Allen Municipal Annex.
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 authorize the Mayor to enter into a contract
with the Municipal Judge for the upcoming year. The motion carried.
Adioum
(Agenda Item XIII)
MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 12:55 a.m. on Friday, September 6, 1996. The motion carried.
These minutes approved on the 19th day of September , 1996.
ATTEST:
J6dy Mor son, CMC, CITY SECRETARY
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APPROVED:
4&tz�w
Kevin L. Lilly, MA O