Min - City Council - 1986 - 02/06 - RegularALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 6, 1986
Present:
Donald P. Rodenbaugh, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Jim Wolfe
Jim Pendleton
Gary Koch
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was
called to order by Mayor Rodenbaugh at 7:40 p.m. on
Thursday, February 6, 1986, in the Council Chambers
of the Allen Municipal Annex, One Butler Circle, Allen,
Texas.
CONSENT AGENDA (Agenda Item II)
MOTION: Upon a motion made by Councilman Pendleton and
seconded by Mayor Pro Tem Farmer, the Council
voted 7 - 0 to approve and adopt all items on
the Consent Agenda as recommended and as follows:
A. Approval of City Council Minutes of
January 16, 1986 - Regular Session
B. Approval of City Council Minutes of
January 21, 1986 - Called - Special
Meeting and Workshop Session
C. Authorization to city staff to pay bills
associated with the 1979 Capital Improve-
ment Program as follows:
1. Hannah Construction Co., Inc. $ 80,107.00
Contract for Construction of
Ford Park Swimming Pool and
Athletic Fields - Application
No. 4 - Period of 12-20-86
thru 1-20-86
2. The SWA Group $ 998.85
Contract for Streetscape for
Main Street - Reimbursable
Expenses - 12-1-85 thru
Mo/ 12-31-85
3. The SWA Group $ 4,813.86
Contract for Streetscape for
Main Street - Professional
Services rendered 12-1-85 thru
12-31-85
35
ALLEN CITY COUNCIL
FEBRUARY 6, 1986
CONSENT AGENDA (cont'd)
Page 2
(Agenda Item II)
4. Angel Concrete Co., Inc.
$ 39,583.03
Contract for Construction
of Main Street - Phase I -
Estimate No. 3 - Period:
1-1-86 thru 1-25-86
D. Authorization to city staff to pay
bills associated
with the 1985 Capital Improvement Program
as follows:
1. The SWA Group
$ 416.10
Contract for Streetscape
for Main Street Project -
Reimbursable Expenses -
12-1-85 thru 12-31-85
2. The SWA Group
$ 1,263.03
Contract for Streetscape
for Main Street Project -
Professional Services
for 12-1-85 thru 12-31-85
3. Black & Veatch Engineers
$ 6,456.22
Contract for Engineering
Work for Second Delivery
Point - Project No. 12815 -
for preliminary engineering,
preparation of drawings and
specifications and contract
administration for water
distribution improvements,
including a ground storage
tank, pumping station, and
distribution: mains, Period:
December, 1985.
4. Fulbright & Jaworski:
a. Legal Services for
$ 6,954.02
$4,500,000 GO Bond
Series, dated 9/1/85
b. Legal Services for
$ 5,579.05
$2,800,000 Waterworks
and Sewer System Revenue
Bonds, dated 9/1/85
5. Huitt-Zollars, Inc.
$1,179.40
Contract for Preliminary
Engineering Design for
U.S. 75 for State Highway
Department - Period:
12/12/85 - 12/28/85
E. Authorization to city staff to make final payment
to Joe Benson Construction Company for installation
of an 8" Water Line on Main Street.
F. Consolidated Summary of Activities of the
Allen Police Department for Year Ending 1985.
G. Set February 20, 1986 as the Public Hearings Date
for the Annexation of Ten Contiguous Tracts of
Land Containing 148.8907 Acres of Land Located
Southeast of State Highway 121, North of County
Road 149 and West of County Road 150.
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ALLEN CITY COUNCIL
FEBRUARY 6, 1986
Page 3
CONSENT AGENDA (cont'd) (Agenda Item II)
Set March 6, 1986 as Public Hearing Date on a
Request for Permanent Zoning of PD (Planned
Development) on 180.170 Acres of Land Located
West of U.S. 75 and South of State Highway 121,
as requested by J. T. Dunkin, planner, on behalf
of property owner, Bryan Bush.
The motion carried.
End of Consent
Public Hearing: Request to Amend
PD -SC No. 5 and
Site Plan Approval
on .661 Acre Tract
Zoning: PD -SC No. 5
Location: East of Fountain
Park Drive and North
of F.M. 2170
Requestor: Braums Ice Cream (Agenda Item III -A)
and
Mayor Rodenbaugh read the request into the record as
follows:
"Public Hearing to Consider a Request to Amend Planned
Development - Shopping Center No. 5 and a Request
for Site Plan Approval for a Braums Ice Cream Facility
to be Located East of Fountain Park Drive and North
of F.M. 2170 and Consider an Ordinance Amending PD -
SC No. 5 by Attaching Exhibit "I" as the Approved
Site Plan."
Mr. Jack Radkey, representing Braums Ice Cream, presented
Ordinance No. 675-2-86: An Ordinance
and spoke
of the City of Allen, Collin County,
request to amend PD -
Texas, Amending Planned Development
SC
Zoning Ordinance No. 370-10-81 to
the site plan approval.
Include the Attachment of Exhibit "I",
for Development of a .661 Acre Tract
site plan
Out of the Peter Wetsel Survey,
out the location of
Abstract No. 990, and Being Part of
the
a 1.25 Acre Tract of Land Conveyed
on the site, the parking
to E. T. Boone, Jr., and Richard
Skilbill, October, 1980, as Recorded
the property,
in volume 1316, Page 79, of the
Radkey also presented
Collin County Deed Records, Presently
an
Delineated on the Official Zoning
rendering of the building's
Map as a Portion of PD -SC No. 5;
Providing for a Penalty Clause;
Providing for an Effective Date; and
Providing for Publication of the
Caption.
Mayor Rodenbaugh read the request into the record as
follows:
"Public Hearing to Consider a Request to Amend Planned
Development - Shopping Center No. 5 and a Request
for Site Plan Approval for a Braums Ice Cream Facility
to be Located East of Fountain Park Drive and North
of F.M. 2170 and Consider an Ordinance Amending PD -
SC No. 5 by Attaching Exhibit "I" as the Approved
Site Plan."
Mr. Jack Radkey, representing Braums Ice Cream, presented
The Council discussed with Mr. Radkey the signage on
the building as shown in the artist's rendering and if it
would appear like that on the facility to be constructed in Allen.
37
to
and spoke
before the Council on the
request to amend PD -
SC
No. 5 and
the site plan approval.
Mr. Radkey presented
a
site plan
of the request and pointed
out the location of
the
building
on the site, the parking
lot area, ingress/egress
to
the property,
easements, etc. Mr.
Radkey also presented
an
artist's
rendering of the building's
front elevation.
The Council discussed with Mr. Radkey the signage on
the building as shown in the artist's rendering and if it
would appear like that on the facility to be constructed in Allen.
37
ALLEN CITY COUNCIL
FEBRUARY 6, 1986
Page 4
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request for a Specific Use
Permit and Site Plan Approval for a Private Stable on
a Nine -Acre Lot Presently Zoned R-2 and to Allow a
Front Yard Fence Variance from 30 to 20 Feet on Property
Fronting the East Side of State Highway 5, North of the
First United Methodist Church and East of willow Creek
Estates and Consider an Ordinance Approving the Specific
Use Permit and Site Plan."
Tony Rossi, representing the property owner Don Jones,
presented to and spoke before the Council on the request for
a specific use permit and site plan approval and fence variance.
Mr. Rossi presented the site plan of the property showing
the location of the residence on the property, the proposed
location for the stables and the location of the domestic
quarters. Mr. Rossi reviewed the ingress/egress to the property,
the location of the stable in relation to adjacent properties,
the area to be used for grazing of horses, and the need for
the variance of 20' for the front yard fence. Mr. Rossi also
presented an artist's rendering of the front of the stable
and how the front gate to this property would appear.
Public Hearing: Request to Amend
PD -SC No. 5 and
Site Plan Approval
on .661 Acres (Agenda Item III -A)
and
Ordinance No. 675-2-86 (cont'd)
Mayor Rodenbaugh opened the public hearing. No one
appeared to speak either for or against this request. Mayor
Rodenbaugh closed the public hearing.
The Planning and Zoning Commission, at their regular
meeting held on January 9, 1986, recommended to the City
Council approval of this request as presented.
The Council discussed the screening of the dumpster
and the schedule for development of this site.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Koch, the Council voted 7 - 0 to
approve the request to amend PD -SC No. 5 and to
approve the site plan for the Braum's Ice Cream
facility as presented and in accordance with the
recommendation of the Planning and Zoning Com-
mission, as stated; and to adopt Ordinance No.
675-2-86, as captioned previously. The motion
carried.
Public Hearing: Request for a Specific
Use Permit and Site
Plan Approval for a
Private Stable on a
Nine -Acre Lot and
a Front Yard Fence
Variance from 30' to
20'
Zoning: R-2 (Residential)
Location: East of S.H. 5,
North of First United
Methodist Church and
South of Cottonwood
Creek
Requestor: Don Jones (Agenda Item III -B)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request for a Specific Use
Permit and Site Plan Approval for a Private Stable on
a Nine -Acre Lot Presently Zoned R-2 and to Allow a
Front Yard Fence Variance from 30 to 20 Feet on Property
Fronting the East Side of State Highway 5, North of the
First United Methodist Church and East of willow Creek
Estates and Consider an Ordinance Approving the Specific
Use Permit and Site Plan."
Tony Rossi, representing the property owner Don Jones,
presented to and spoke before the Council on the request for
a specific use permit and site plan approval and fence variance.
Mr. Rossi presented the site plan of the property showing
the location of the residence on the property, the proposed
location for the stables and the location of the domestic
quarters. Mr. Rossi reviewed the ingress/egress to the property,
the location of the stable in relation to adjacent properties,
the area to be used for grazing of horses, and the need for
the variance of 20' for the front yard fence. Mr. Rossi also
presented an artist's rendering of the front of the stable
and how the front gate to this property would appear.
ALLEN CITY COUNCIL
FEBRUARY 6, 1986 Page 5
Public Hearing: Request for a Specific
Use Permit and Site
Plan Approval for a
Private Stable on a
Nine Acre Lot and a
Front Yard Fence
Variance from 30' to
(continued) 20' (Agenda Item III -B)
The Council discussed with Mr. Rossi what building was
being constructed on the site at this time and Mr. Rossi
indicated that it was the domestic quarters.
Mayor Rodenbaugh opened the public hearing. No one appeared
to speak either for or against this request. Mayor Rodenbaugh
closed the public hearing.
The Planning and Zoning Commission, at their regular
meeting held on January 9, 1986, recommended to the City
Council approval of the specific use permit and site plan
allowing a front yard fence variance from 30 feet to 20 feet
with the following conditions:
1. Number of horses to be kept at this location
to be limited to three (3).
2. The specific use permit will expire with the
vacancy of the premises by the Don Jones
family either by sale or change of occupants.
Bill Petty, Director of Community Development, spoke
before the Council on the specific items being considered
in this request, those items being the specific use permit
for a stable in a residentially -zoned district and site plan
approval for the property, and a front yard fence variance
from 30' to 20'.
The Council discussed the variance requested for the
front yard fence and the hardship involved in this request,
allowing a stable in this residentially -zoned district,
who would regulate the number of horses kept on this site,
not allowing horses in the middle of the city, the location
of this property to adjacent residential properties, and
a clarification on the specific use request.
Bill Petty, Director of Community Development, read
to the City Council from the city's Comprehensive Zoning
Ordinance No. 366-10-81 as to specific use permits in
R-2 zoning districts.
MOTION: A motion was made by Councilman Wolfe to approve
the request for the specific use permit and site
plan approval and the fence variance in accordance
with the recommendation of the Planning and Zoning
Commission. The motion was not seconded. The
motion died due to the lack of a second.
MOTION: A motion was made by Councilman Koch and seconded
by Councilman Womack to deny the specific use
permit for the stables and the accompanying site plan and to
approve the front yard fence variance from 30'
to 20'. The Council voted five (5) for and two (2)
opposed, with Mayor Rodenbaugh and Councilman Wolfe
casting the negative votes, in favor of the motion.
The motion carried.
(See additional discussion on this item on pages 10 and 12)
3q
ALLEN CITY COUNCIL
FEBRUARY 6, 1986
Page 6
Consider an Appeal by Wal-Mart
to a Denial of a Sign Variance
by the Sign Control Board (Agenda Item IV)
Ted Brink, Manager of the Wal-Mart Store in Allen,
spoke before the Council on the request by Wal-Mart to
update their existing nonconforming pole sign to simply
change out the panels on the sign to change the wording
from "Pharmacy" to "Prescriptions" and the style of
lettering that is used, as well as the color. Mr. Brink
is making this request before the Council as this request
was denied by the Sign Control Board at their meeting
held on January 14, 1986.
Bill Petty, Director of Community Development,
advised the Council of the materials that had been provided
to them for consideration of this request.
The Council discussed the fact that just the panels
were going to be changed in the sign and not the structure,
how the area of the sign is determined by the sign ordinance
and if the open area and support structures are included
in the formula, the fact that this is a non -conforming use
and does not meet the requirements for a pole sign in the
city's current sign ordinance, that Wal-Mart has spent a
lot of money remodeling the store and adding on additional
space and why they didn't want to obtain a new sign that
would comply with the city's sign ordinance. It was also
pointed out that the sign would have to stay the way it
appears now if this request is not approved.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman McClure, the Council voted four (4)
in favor of denying the request for appeal by Wal-
Mart to the denial of the sign variance by the
Sign Control Board, and three (3) opposed, with
Mayor Rodenbaugh, Councilman Pendleton and Councilman
Koch casting the negative votes. The motion carried
and the request was denied.
Mayor Rodenbaugh recessed the regular session of the
Allen City Council at 8:41 p.m. The meeting reconvened at
8:54 p.m.
Ordinance No. 676-2-86: An
Ordinance Fixing and Determining
the General Service Rate to be
Charged for Sales of Natural Gas
to Residential and Commercial
Consumers in the City of Allen,
Collin County, Texas; Providing
for the Manner in Which Such Rate
May Be Changed, Adjusted, and
Amended; and Providing for a
Schedule of Service Charges. (Agenda Item V)
City Manager Jon McCarty provided background information
on the rate increase request filed by Lone Star Gas Company
on October 9, 1985 for a 9.678 increase or $89,829, based
on their test year ended December 31, 1984. Mr. McCarty
advised of the suspension of the rates by the city, of a
study done on the rate increase request by Bill McMorries
and the presentation of his recommendation to the Council, and
the selection of a subcommittee of the Council to meet with
Lone Star Gas on the negotiation of the rates.
Mr. McCarty pointed out that J. D. Smithey, Manager of
Lone Star Gas Company, and Gilbert Rabbe, with Lone Star
Gas Company, were present at the meeting to answer any
questions posed by the Council on this item.
440
ALLEN CITY COUNCIL
FEBRUARY 6, 1986 Page 7
Ordinance No. 676-2-86 (cont'd) (Agenda Item V)
Mayor Rodenbaugh advised the Council that the subcommittee
had met with Lone Start Gas Company and the recommendation
of the subcommittee was to approve a rate increase request of
$56,000 or slightly over a 68 increase. Mayor Rodenbaugh
pointed out that the proposed ordinance reflected that figure.
The Council briefly discussed the recommendation of
the subcommittee and if there was a time limitation before
Lone Star Gas could request another rate increase included
in the ordinance. Mayor Rodenbaugh advised that Lone Star
Gas Company was not agreeable to those terms. The Council
also discussed what the effective date for the rate increase
would be and it was pointed out that it would be effective
30 days after the ordinance is adopted.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman Koch, the Council voted 7 - 0 to
adopt Ordinance No. 676-2-86 as presented and in
accordance with the recommendation of the Council
subcommittee, as stated. The motion carried.
Resolution No. 677-2-86(R):
A Resolution of the City
Council of the City of Allen,
Collin County, Texas, Appointing
the Election Officials for the
April 5, 1986 City Council
Election, Setting the Rate of
Pay for the Election Officials,
the Maximum Number of Election
E Clerks for the Polling Place,
�l and Designation of the Absentee
Ballot Board. (Agenda Item VI)
City Secretary Marty Hendrix reviewed the proposed
resolution naming the election judge, alternate judge and
clerks for the City Council Election to be held on Saturday,
April 5, 1986.
MOTION: Upon a motion made by Council Pendleton and seconded
by Councilman McClure, the Council voted 7 - 0 to
approve and adopt Resolution No. 677-2-86(R), as
captioned above. The motion carried.
Review Bids and Authorize
Purchase of a 3/4 Ton Truck
for the Public Works Department (Agenda Item VII)
Ernie Hoback, Director of Public Works, presented to
and spoke before the Council on the solicitation of bids,
receipt of bids, the bid opening held on February 3, 1986,
and the tabulation of bids received for a 3/4 ton heavy duty truck
and the alternate bid for 3/4 ton cab and chassis. Mr.
Hoback distributed copies of the bid tabulation sheets to
the Council for their review.
The following bids were received for the 3/4 ton cab
and chassis:
Eldorado Chevrolet $9,298.00
Fred Taylor GMC $9,331.58
Jim Johnson Chevrolet $9,469.66
Bob Tomes Ford $9,940.14
The bids received on the 3/4 ton heavy duty truck were:
Jim Johnson Chevrolet $ 9,844.39
Bob Tedford Chevrolet $11,867.00
Eldorado Chevrolet $ 9,663.00
Bob Tomes Ford $ 9,825.67
Fred Taylor GMC $ 9,679.75
yl
ALLEN CITY COUNCIL
FEBRUARY 6, 1986
Review Bids and Authorize Purchase
of a 3/4 Ton Truck for the Public
Works Department (cont'd) (Agenda Item VII)
Mr. Hoback explained to the Council the city staff's
recommendation was to award the bid to Eldorado Chevrolet
in the amount of $9,298.00 for a 3/4 ton cab and chassis
and to purchase a new bed in the amount of $1,800.00,
rather than to purchase a 3/4 heavy duty pickup truck.
The Council briefly discussed the city staff's recom-
mendation.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded by Councilman Koch, the Council voted
7 - 0 to award the bid to Eldorado Chevrolet
in the amount of $9,298.00 for a 3/4 ton cab
and chassis in accordance with the city staff's
recommendation, and to authorize city staff to
purchase a new bed in the amount of $1,800.00.
The motion carried.
Resolution No. 678-2-86(R):
A Resolution of the City Council
of the City of Allen, Collin
County, Texas, Authorizing the
Submission of an Application to
the Texas Criminal Justice Division
Requesting Funding for Continuation
of Crime Prevention; Allocating
City Funds for Its Participation;
and Designating the City Manager
to Act in Behalf of the City of
Allen In Applying for These Funds. (Agenda Item VIII)
Richard Carroll, Chief of Police, spoke before the
Council on the proposed resolution requesting authorization
for submission of an application to the Texas Criminal
Justice Division for funding for continuation of the
Crime Prevention Program for the City of Allen.
Chief Carroll advised the Council that this program
is a five year program and the city is operating in the third
year of the program. Chief Carroll advised of the amount
of the program to be funded by the state and the amount to
be furnished by the city. Chief Carroll pointed out the
importance of the crime prevention program to the community.
Chief Carroll introduced Officer Ed Stevens who serves
as the Crime Prevention Officer for the city.
The Council briefly discussed the program with Chief
Carroll and asked if there were any statistics available
to show how effective this program has been for the city.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Womack, the Council voted 7 - 0 to
approve and adopt Resolution No. 678-2-86(R), as
captioned above. The motion carried.
Authorization to Execute a
Contract for Professional
Services in Regard to an
Update of the Water and
Sewer Rates (Agenda Item IX)
City Manager Jon McCarty spoke before the Council on
the contract for professional services in order to provide
for an update of the water and sewer system rates. The
proposed contract was with Administrative & Fiscal Consulting
Services, Inc., which will be conducted by Lewis F. McLain, Jr.
+A a
ALLEN CITY COUNCIL
FEBRUARY 6, 1986
Page 9
Quarterly Financial Report (Agenda Item X -A)
Charlotte Smith, Finance Director, presented to and
reviewed with the Council quarterly financial reports.
Those reports consisted of Statement of Revenues, Expenditures/
Expenses for the period ending December 31, 1985; Statement
of Revenues - General Fund for period ending December 31, 1985;
Statement of Expenditures - General Fund for period ending
December 31, 1985; Statement of Revenues - Water & Sewer Fund
for period ending December 31, 1985; and Statement of Expenses
Water & Sewer Fund for period ending December 31, 1985.
The Council discussed various aspects of these reports.
This item was received as a matter of information. There
was no action taken on this item.
Police Activity Summary (Agenda Item X -B)
Police Chief Richard Carroll provided statistical infor-
mation to the Council in the form of charts showing the
various categories of crime statistics. Chief Carroll then
reviewed each of the charts with the Council. The charts
consisted of Calls for Service; Accidents; Citations Issued;
Burglary; Theft; Motor Vehicle Thefts; New Cases Assigned;
Cases Cleared; Amount of Property Loss; Property Recovered;
Driving While Intoxicated; Arrests; Aggravated Assault;
Assault; Vandalism; Juvenile Offenses; and Juvenile Arrests.
The Council discussed various aspects of the statistical
information and the effectiveness of the STEP Grant Program
for U.S. 75.
This item was received as a matter of information. There
was no action taken on this item.
14-5
Authorization to Execute a
Contract for Professional
Services in Regard to an
Update of the Water and
Sewer Rates (cont'd) (Agenda Item IX)
Mr. McCarty advised the Council of what would be contained
in the study and advised that the city staff's recommendation
execution of the contract
was that the City Council authorize
for these professional services and set a date for a workshop
session to review the findings of this study.
The Council discussed portions of the proposed contract
and it was pointed by that wording needed to be added to
page 2 of the contract which indicated that a written report
would be furnished to the Council for review.
The Council discussed the appropriate date for a workshop
session on this study and if a timeframe had been determined
for completion of the study. In further discussion, it was
concluded that the consensus of the Council was to set
Monday, February 24, 1986, at 7:00 p.m., as the scheduled
workshop session for the water and sewer rate study.
MOTION: Upon a motion made by Councilman Koch and seconded
by Councilman Pendleton, the Council voted 7 - 0
to authorize the execution of the contract with
Administrative & Fiscal Consulting Services, Inc.,
for professional services in regard to an update of
the water and sewer rates, in accordance with the
city staff's recommendation. The motion carried.
Quarterly Financial Report (Agenda Item X -A)
Charlotte Smith, Finance Director, presented to and
reviewed with the Council quarterly financial reports.
Those reports consisted of Statement of Revenues, Expenditures/
Expenses for the period ending December 31, 1985; Statement
of Revenues - General Fund for period ending December 31, 1985;
Statement of Expenditures - General Fund for period ending
December 31, 1985; Statement of Revenues - Water & Sewer Fund
for period ending December 31, 1985; and Statement of Expenses
Water & Sewer Fund for period ending December 31, 1985.
The Council discussed various aspects of these reports.
This item was received as a matter of information. There
was no action taken on this item.
Police Activity Summary (Agenda Item X -B)
Police Chief Richard Carroll provided statistical infor-
mation to the Council in the form of charts showing the
various categories of crime statistics. Chief Carroll then
reviewed each of the charts with the Council. The charts
consisted of Calls for Service; Accidents; Citations Issued;
Burglary; Theft; Motor Vehicle Thefts; New Cases Assigned;
Cases Cleared; Amount of Property Loss; Property Recovered;
Driving While Intoxicated; Arrests; Aggravated Assault;
Assault; Vandalism; Juvenile Offenses; and Juvenile Arrests.
The Council discussed various aspects of the statistical
information and the effectiveness of the STEP Grant Program
for U.S. 75.
This item was received as a matter of information. There
was no action taken on this item.
14-5
ALLEN CITY COUNCIL
FEBRUARY 6, 1986
Page 10
Consideration of Acceptance
of Resignations from Two
Members of the Planning and
Zoning Commission (Agenda Item XI)
Mayor Rodenbaugh advised the Council of the resignation
of two members of the Planning and Zoning Commission. Those
individuals were Dr. Jerry Wilson, Place No. 3, and Jack
Pennington, Place No. 6. He added that these individuals
had submitted their resignations in order to run for places
in the upcoming City Council Election.
MOTION: Upon a motion made by Councilman Koch and seconded
by Councilman Wolfe, the Council voted 6 - 0 (with
Mayor Pro Tem Farmer being out of the room) to
accept the resignations of Dr. Jerry Wilson and
Jack Pennington, Places No. 3 and 6, respectively,
on the Planning and Zoning Commission. The motion
carried.
At this time, Mayor Rodenbaugh returned to Agenda Item
III -B in order to provide clarification on the action taken
on this item.
Request for Specific Use Permit
and Site Plan Approval for a
Private Stable on a Nine -Acre
Lot Zoned R-2 and Request for
Front Yard Fence Variance (Agenda Item III -B)
Mayor Rodenbaugh advised that there had been several
questions on the clarification of the action taken on the
request for a specific use permit and site plan approval
for a private stable. Mayor Rodenbaugh pointed out that
the action taken on this item had nothing to do with allowing
horses on this property but simply denied a specific use
permit for a private stable on this site. Mayor Rodenbaugh
advised that if the Council would like to reconsider this item
for discussion by the Council he would accept a motion to do
SO.
MOTION: A motion was made by Councilman Wolfe and seconded
by Mayor Pro Tem Farmer to reconsider Agenda Item
III -B, being the request for a specific use permit
and site plan approval for a private stable on a
nine -acre lot zoned R-2 and a request for a front
yard fence variance. The Council voted three (3)
in favor of the motion and four (4) opposed, with
Council Members Womack, McClure, Pendleton and
Koch casting the negative votes. The motion failed.
Collin County Public
Officials Association
Annual Banquet (Agenda Item XII -A)
City Manager Jon McCarty advised the Council of the
upcoming Collin County Public Officials Association Annual
Banquet to be held on Friday, February 28th, and requested
that Council Members interested in attending contact city staff
so that reservations can be made before February 17th.
This item was received as a matter of information. There
was no action taken on this item.
14Lk
ALLEN CITY COUNCIL
FEBRUARY 6, 1986
Page 11
Telephone Foreign Exchange
Service (Agenda Item XII -B)
City Manager Jon McCarty advised the Council of a letter
that had been received from General Telephone Company of the
Southwest regarding foreign exchange service. Council Members
had been provided with a copy of the letter which advised
of a new charge that would be added to February bills and
the new charge had been approved by the Federal Communications
Commission.
This item was received as a matter of information. There
was no action taken on this item.
Interjurisdictional Watershed
Management Program (Agenda Item XII -C)
City Manager Jon McCarty advised the Council of a letter
that had been received from the North Central Texas Council
of Governments regarding the Rowlett Creek Interjurisdictional
Watershed Management Program and a summary of the policies
developed by the Rowlett Creek Steering Committee. Mr.
McCarty pointed out that some of the communities involved
in this program had adopted those policies, however, the
City of Allen was waiting to see the results of the city's
own Greenbelt/Linear Park Study before acting on those
policies.
This item was received as a matter of information. There
was no action taken on this item.
Items of Interest of the Council (Agenda Item XII -D)
Mayor Rodenbaugh read a letter into the record (see
Attachment No. 1) from Dorothy F. Byrd with the Texas
Municipal Clerks Certification Program regarding the completion
of the certification program by the City Secretary Marty
Hendrix. The Council extended their congratulations to
Ms. Hendrix for this accomplishment.
Mayor Rodenbaugh referenced a letter he received from
Quest Medical regarding their development in Allen. All
of the Council Members indicated that they had also received
copies of the same letter.
City Manager Jon McCarty advised the Council that he
would not be present at the City Council meeting to be
held on Thursday, February 20, 1986, since he would be
in Austin at the Public Objective Institute.
City Manager McCarty advised the Council of the status
of the selection process for an architect for the police and
courts building and the library building and that it would
be brought forth at the February 20th Council meeting. He
briefly advised of the request for information and the time
schedule for the selection process.
City Manager McCarty reminded the Council of the upcoming
meeting with the City of Plano to be held on Tuesday, February 11,
1986, at 6:30 p.m., at The Harvey Hotel in Plano.
City Manager McCarty advised the Council of the past
discussions that had been held by the Council on the need
to look at the placement of electrical service overhead
power lines and the possibility that those lines could be
placed underground in some locations. He advised that
representatives of Texas Power and Light Company were willing
to meet with city officials to discuss this possibility.
City Manager McCarty recommended that the Council appoint
a subcommittee to meet with the TP&L officials. Mayor Rodenbaugh
then appointed Jim Pendleton, Chairman, and Council Members
Gary Koch and Mayor Pro Tem Joe Farmer as members to that
Council subcommittee.
4T
ALLEN CITY COUNCIL
FEBRUARY 6, 1986
Page 12
Items of Interest to the Council (cont'd) (Agenda Item XII -D)
City Manager McCarty advised the Council -appointed sub-
committee that a meeting would be set up with TP&L officials,
to discuss the placement of the power lines, within the next
few weeks.
City Manager McCarty asked Councilman Jim Pendleton if
he had received any specific complaints regarding animals
running at large or any other animal complaints that the city
needed to follow up on. Councilman Pendleton had mentioned
this item in discussions on the private stable request. Councilman
Pendleton advised that there were no specific complaints to
speak of in his comments.
Councilman Womack requested that the Mayor again use his
prerogative to open the floor for a motion to reconsider
Agenda Item III -B.
Mayor Rodenbaugh opened the floor for a motion to recon-
sider Agenda Item III -B.
MOTION: A motion was made by Councilman Wolfe and seconded
by Mayor Pro Tem Farmer to reconsider Agenda Item
III -B, being the request for specific use permit
and site plan approval for a private stable on a
nine -acre lot zoned R-2 and a request for a front yard
fence variance. The Council voted six (6) in favor
of the motion and one (1) opposed, with Councilman
Pendleton casting the negative vote. The motion
carried.
Reconsideration of:
Request for Specific
Use Permit and Site
Plan Approval for a
Private Stable on a
Nine -Acre Lot Zoned
R-2 and a Request for
a Front Yard Fence
Variance (Agenda Item III -B)
Mayor Rodenbaugh requested that city staff review again
the items considered in this request, what did the Council's
previous action deny in this request, and what is allowed
under city ordinances as to horses on this property with or
without the specific use permit.
Bill Petty, Director of Community Development, spoke
before the Council on the request and the items that were
before the Council for consideration and action. Mr. Petty
advised that the request was for a specific use permit for
a private stable accompanied with site plan approval and a
request for a front yard fence variance. Mr. Petty then
read the portion of the Comprehensive Zoning Ordinance
No. 366-10-81 that pertains to the definition of a private
stable.
Police Chief Richard Carroll then spoke before the Council
on the provisions of the animal control ordinance, as to the
allowable number of livestock that can be maintained on the
property within the city limits, and the distance that they
have to be kept from adjacent residences.
The Council discussed the provisions of the animal control
ordinance and the location of adjacent residential homes in the
area of Mr. Jones' property.
The Council also discussed the systematic review of ordinances
in a timely manner in order that areas that are vague, or are not
what the Council had intended, can be looked at and changed if
necessary. The portion of the Zoning Ordinance that states that
a specific use permit can be considered for a private stable in
all residentially zoned districts is one example. yi V
ALLEN CITY COUNCIL
FEBRUARY 6, 1986
Reconsideration of:
Request for Specific Use
Permit and Site Plan
Approval for a Private
Stable on a Nine -Acre
Lot Zoned R-2 and a Request
for a Front Yard Fence
Variance (cont'd)
Page 13
(Agenda Item III -B)
MAIN MOTION: A motion was made by Councilman Womack and seconded
by Councilman Pendleton to deny the recommendations
of the Planning and Zoning Commission on the request
for a specific use permit and site plan approval
for a private stable on a nine -acre lot zoned R-2
and a request for a front yard fence variance from
30 feet to 20 feet.
AMENDMENT TO
MAIN MOTION: A motion was made by Councilman Koch and seconded
by Mayor Pro Tem Farmer to amend the main motion
to approve the front yard fence variance of 20
feet in lieu of the 30 feet that is required.
The Council voted 7 - 0 in favor of the motion.
The motion carried.
VOTE ON THE
MAIN MOTION: The Council voted five (5) for and two (2) opposed,
with Mayor Rodenbaugh and Councilman Wolfe casting
the negative votes, in favor of the main motion.
The main motion carried.
Items of Interest to the Council (cont'd) (Agenda Item XII -D)
Mayor Pro Tem Farmer brought up his concern for the amount
of construction debris that is scattered from construction sites
on to adjacent established residential developments. He pointed
out that probably the biggest problem is with packaging for
roofing materials. Mayor Pro Tem Farmer advised that he felt
Council should support any measure possible to see that this
problem is resolved either by the subcontractors or developers.
Mayor Pro Tem Farmer pointed out the need to develop a
system whereby ordinances are reviewed in a timely manner in
order to determine that areas of them are vague or are not
what the Council had intended them to be at the present time.
He recommended that the city staff begin some type of identification
process and that Council review some of the ordinances that had
been pointed out in this meeting and in previous meetings.
Mayor Pro Tem Farmer advised of meeting with the city's
auditing firm and the information that had been presented on
the federal legislation that will have a great impact on the
bonds for both cities and school districts. Mayor Pro Tem
Farmer advised that it was HB 3838 and if it was adopted it
would have a significant impact on the taxpayers. Mayor Pro
Tem Farmer stated his opposition to this legislation and suggested
that the Council also express the city's opposition to this
type of legislation to legislators. The Council discussed what
action they could take in this matter. It was the consensus of
the Council that information be obtained on this legislation
and what it contains and that a proposed resolution stating the
city's opposition to it be prepared for the next Council meeting.
Councilman Rex Womack recommended to the Council that the
city needs to look at updating the city's Comprehensive Zoning
Ordinance since the comprehensive plan has now been adopted and
there exists a conflict between some of the planning districts.
Bill Petty, Director of Community Development, advised the Council
that the city staff,working with the Planning and Zoning Com-
mission,has already began this process and a recommendation from
the Commission will be forthcoming at some future time. He
pointed out it will take some time to complete this process,
however.
L4_7
ALLEN CITY COUNCIL
FEBRUARY 6, 1986
Page 14
Items of Interest to the Council (cont'd) (Agenda Item XII -D)
Bill Petty also spoke before the Council on the problems
with the construction debris and how the city staff is trying
to handle this problem by withholding inspections on the
projects until the trash is collected and disposed of. Mr.
Petty advised that if they do not get any results from the
subcontractors then they do contact the developers to try and
get the problems resolved.
The Council discussed the construction debris problem
and how city staff is handling the situation.
City Manager Jon McCarty distributed to the members
of the Council -appointed Telephone Subcommittee copies of
the filings by the various entities involved in the City
of Allen's request for Extended Area Service and advised
the other Council Members that if they wanted copies of
this information they could just let him know and copies
would be provided.
Adjournment
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Pendleton, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council
at 11:09 p.m. on Thursday, February 6, 1986. The
motion carried.
These minutes approved on the 2nt,, day of FofirVa r.,
1986.
Marty Hendrix CITY SECRETARY
44