Min - City Council - 1999 - 10/07 - RegularALLEN CITY COUNCIL
i
REGULAR MEETING
OCTOBER 7, 1999
Present:
Stephen Terrell, Mayor
Councilmemben:
David Kerr, Mayor Pro Tem (absent)
Lonnie Thomas
Doug Gallagher
Susan Bartlemay
Kenneth Fulk
Melissa Owen
City Staff:
Peter H. Vargas, City Manager
Judy Morrison, City Secretary (absent)
Shelley George, Assistant City Secretary
Peter G. Smith, City Attorney
DINNER AND PRE -MEETING WORKSHOP
Call to Order and Announce a Ouorum is Present (Agenda Item 1)
With a quorum of the Councilmembers present, dinner and the pre -meeting workshop session of the
Allen City Council was called to order by Mayor Terrell at 6:26 p in. on Thursday, October 7, 1999, in the
Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Discuss Current Atienda (Agenda Item H)
There was no discussion regarding the current agenda.
(Agenda Item III)
• Presentation by the Gas Rate Study Steering Committee
Assistant City Manager Michael Stanger provided an update on the Gas Rate Study by the multi -city
coalition. The coalition hired Reed -Stowe consulting firm to analyze the TXU gas rate request. The
consultant's report included a study of the entire system, Residential and Commercial (R&C) and
Industrial and Transportation (I&T) customers They reported a $2,787,177 revenue deficiency with
residential customers being overcharged and commercial and I&T customers being undercharged. The
consultant recommends I&T customers should be charged the revenue deficiency The coalition response
to the findings was to negotiate the best possible settlement based on policy considerations. In order to
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 1999
PAGE 2
allow time for a settlement, TXU has requested another extension which is supported by the coalition. An
ordinance should be ready for Council approval at the October 21 regular meeting.
• Discussion of the Bolin Park Concept Plan for Concession and Restroom Facilities
Parks Superintendent Tim Deader presented a review of the proposed concept plan for Bolin Park.
Funding for the project will include $165,000 from the 1998 bond sale. The project is estimated to cost
up to $170,000 based on a worst case scenario Due to the topography of the park, the concession and
restroom areas will be in separate buildings. The concession area will have an open counter with two
locked storage rooms for concession and park equipment. The restroom facility will be located adjacent to
the parking lot. Construction should begin in January with completion in four to five months.
• Briefing on Richardson Car Wash Request for Curb Cuts and a Median Break on Main Street
Planning Director Marina Sukup reviewed the general land use plan to help guide development of the area
between the Allen Animal Clinic and Allen Heights Shopping Center. City staff will recommend approval
of the request for a median cut approximately 250 feet east of the one in front of the Allen Animal Clinic
provided the 60 -foot north/south roadway is dedicated and the property is rezoned to Office and Local
Retail Uses. The property owners in this area have agreed to dedicate the needed Right -of -Way for the
roadway but were not in concurrence to rezone their properties. Until an agreement is reached with the
property owners, the additional median cut should not be granted.
Council directed the City Manager to proceed with the median cut administratively to allow for the
Richardson Car Wash request to move forward and to begin the process of rezoning the northern adjoining
properties to Office Uses and the southern properties to Local Retail Uses
• Discussion of Nomination to the Board of Directors of the Central Appraisal District of Collin County
Council discussed nominating Gary Rodenbaugh in place of his father, Donald Rodenbaugh, to the Board
of Directors of the Central Appraisal District of Collin County
Policy Aeenda (Agenda Item IV)
There was no discussion regarding the policy agenda.
The Workshop Session recessed at 7:30 p.m.
REGULAR MEETING
With a quorum of the Councilmembers present, the regular session of the Allen City Council
convened by Mayor Terrell at 7:35 p.m. on Thursday, October 7, 1999, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas
Public Recormition (Agenda Item V)
• Presentation of Plaques -of -Appreciation to Former Members of Various Boards and Commission
Mayor Terrell presented Plaques -of -Appreciation to the following individuals for their service to the City
of Allen:
L
P
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 1999 PAGE 3
Name Board Terms of Service
Galen Clay Board of Adjustment 10/85 - 09/99
Bill Roberge Board of Adjustment 10/87 - 09/99
Sandy Sanders Keep Allen Beautiful Board 06/97 - 08/99
Council expressed its gratitude to these individuals for their dedicated service to the City of Allen.
Plaques -of -Appreciation will be mailed to the following individuals not present to receive their plaques:
Name
Board
Terms of Service
Joe Defenderfer
Library Board
10/97 - 09/99
Jeffery Kelley
Planning & Zoning Commission
05/91 - 09/99
Steven Knaack
Sign Control Board
10/98 - 09/99
Bob Morris
Allen Community Development Corp.
07/96 - 09/99
Daniel "Scott" Neice
Planning & Zoning Commission
10/97 - 09/99
Mike Rippe
Parks and Recreation Board
02/95 - 09/99
Dan Turner
Parks and Recreation Board
12/94 - 09/99
Mary Vail -Grube
Library Board
09/97 - 05/99
Randel L. West
Board of Adjustment
10/97 - 09/99
Shane Womack
Sign Control Board
05/98 - 09/99
Briefing by Community Waste Disposal, Inc., Regarding the 1999 Environmental Vision Award Presented
to the City of Allen and Community Waste Disposal
Robert Medigovich of Community Waste Disposal (CWD), Inc., and Recycling Coordinator Edie
McMillion announced the City of Allen and CWD had been awarded the Dallas County Corporate
Recycling Council's 1999 Vision Award. The City of Allen has an excellent comprehensive recycling
program, diverting 78% of its solid waste stream. Winning the Dallas County award qualifies our
program at the state level for the Comprehensive Recycling Program. The state winners will be
announced in Austin at the end of October.
• Citizens' Comments
Manny Pena, 519 Pine Trail, Allen, Texas, requested assistance for the sewage problems on his block.
Sewage has backed up into his home three times during the last year. He has filed a claim with the City
for damages but has not had a response as of this date. The Sewer Department has been on his block a
number of times looking for the cause, but has not examined the entire street nor provided an update on
their progress.
Terri Genshock, 520 Pine Trail, Allen, Texas, spoke regarding the sewage problems at her home. During
the last year and a half, sewage has backed up into her home four times. She expressed displeasure with
the response from the City Her yard was damaged by a City crew when they worked on her clean-out
and she will soon file a claim for the damage
Council directed the City Manager to work with the citizens and Public Works Department in resolving
the homeowners' complaints. The City expects to have an answer as to why the backups are occurring by
October 15.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 1999
PAGE
Consent Agenda (Agenda Item VI)
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Fulk, the
Council removed the following item from the Consent Agenda
C. Adopt a Resolution Nominating a Representative to the Board of Directors for the Central
Appraisal District of Collin County
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember
Bartlemay, the Council voted six (6) for and none (0) opposed to approve and adopt all
remaining nems on the Consent Agenda as recommended and as follows:
A. Approve Minutes of the September 16, 1999, Regular Meeting.
B. Approve Minutes of the September 23, 1999, Joint Council/Planning and Zoning Commission
Special Called Workshop.
The motion carried.
C. Adopt a Resolution Nominating a Representative to the Board of Directors for the Central
Appraisal District of Collin County
Resolution No. 1776-10-99(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Placing in Nomination the Name of Gary Rodenbaugh for
Membership on the Board of Directors of the Central Appraisal District of Collin
County; Casting Ballots for the Board of Directors for the Central Appraisal District of
Coffin County in Accordance with Section 6.03(g) of the State Property Tax Code, and
Directing that the City Secretary Notify Interested Parties of Said Action.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to approve and adopt Resolution No. 1776-10-
99(8) nominating and casting ballots for Gary Rodenbaugh for membership on the Central
Appraisal District of Collin County Board of Directors. The motion carried.
(Agenda Item VII)
MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Bartlemay, the
Council voted six (6) for and none (0) opposed to approve and adopt all items on the Statutory
Agenda as recommended and as follows:
A Authorize Execution of a Contract with MobileComm to Provide Paging Services for the City
of Allen.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 1999
PAGES
Council authorized the City Manager to execute a one-year contract with MobileComm to
provide paging services for the City of Allen at a rate per pager per month of $6.26 for
Metroplex coverage and $9.26 for state coverage.
B. Authorize Execution of a Contract with Sprint PCS to Provide Cellular Telephone Services for
the City of Allen.
Council authorized the City Manager to execute a one-year contract with Sprint PCS to
provide cellular telephone services for the City of Allen with a monthly base cost per
telephone of $50 with 500 free minutes that will be "pooled" for the entire City, subject to
annual appropriation by the City Council.
C. Approve the Bolin Park Concept Plan for Concession and Restroom Facilities.
Council approved the Bolin Park Concept Plan for concession and restroom facilities.
D. Approve a Variance to the First United Methodist Church, 601 South Greenville Avenue, as
Recommended by the Sign Control Board to Allow a Second Class 5 Sign Facing Jupiter Road
Located within I Foot of the Drive Cut and within 6 Feet of the Adjacent Property
° Council confirmed the recommendation of the Sign Control Board to grant a variance to the
First Untied Methodist Church to allow a second Class 5 sign facing Jupiter Road within one
foot of the drive cut and within six feet of the adjacent property
E. Approve a Variance to O'Reilly Corporation (McDonald's), 1204 E. Bethany Drive, as
Recommended by the Sign Control Board to Allow a Class 5 Sign to be 21 Feet from the
Adjacent Property at a Height of 8 Feet from Ground Level.
Council confirmed the recommendation of the Sign Control Board to grant a variance for the
McDonald's to allow the Class 5 sign to be measured from the grade and be located 21 feet
from the adjacent property line.
F Approve a Variance as Recommended by the Sign Control Board to the Terms of the
Ordinance for Corporate Center Identification Signs for the Allen Economic Development
Corporation for Millennium B Located North of Bethany Drive and West of US 75
Council confirmed the recommendation of the Sign Control Board to grant a variance for the
Allen Economic Development Corporation for three corporate center identification signs for
Millennium II.
G. Receive CIP (Capital Improvements Program) Status Report.
The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 1999
PAGE 6
Conduct a Public Hearing and Consider the Adoption of an (Agenda Item VIII)
Ordinance for Property Currently Zoned Agriculture -Open Space
to a Shopping Center District on 7.341 Acres of Land Located at
the Northeast Comer of Exchange Parkway and Ahna Drive
Planning Director Marma Sukup reviewed the request for Shopping Center zoning on 7 341 acres of
land. The Planning and Zoning Commission recommended approval of the request as submitted.
Bill Whisenant, proponent, requested approval of his request.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Rick Cormier, 1322 Glendover Drive, Allen, Texas, spoke in opposition to the request. He expressed
concern with the number of commercial/retail areas within the City
Alyce McKenize, 908 Twin Creeks Drive, Allen, Texas, spoke in opposition to the request. She
questioned whether the City had planned enough open space at build -out.
Jason Salinas, 1328 Glendover Drive, Allen, Texas, expressed a safety concern for children if a
convenience store is located within the retail area.
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
Ordinance No. 1777-10-": An Ordinance of the City Council of the
City of Allen, Collin County, Texas, Amending the Comprehensive
Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously
Amended, by Granting a Change in Zoning from Local Retail
District to Planned Development District for Local Retail Uses by
Approving Planned Development District No. 87, for 3.9529 Acres in
the Lewis Wetsel Survey, Abstract No. 978, City of Allen, Collin
County, Texas and Being Further Described in Exhibit "A" Attached
Hereto; Providing for Development Regulations, and Concept Site
and Landscape Plan and Building Elevations, Attached Hereto m
Exhibits °B" and "C" Respectively; Providing a Repealing Clausie;
Providing a Severability Clause; Providing a Savings Clause;
Providing for a Penalty of Fine not to Exceed the Sam of Two
Thousand Dollars ($2,000) for Each Offense; and Providing for an
Effective Date.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No 1777-10-
99 as previously captioned approving Shopping Center District on 7.341 acres of land. The
motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 1999
I AN" Til
Conduct a Public Hearing and Consider the Adoption of an (Agenda Item IX)
Ordinance for Property Currently Zoned Planned Development No.
52, Tract 3, to Allow for One Drive -In Restaurant on 19.2 Acres of
Land Located at the Northwest Corner of McDermott Drive and
Alma Road for a Sonic Drive -In
Planning Director Marina Sukup reviewed the request to allow one drive-in restaurant on 19.2 acres of
land The Planned Development Regulations currently allow for a restaurant but not a drive-in restaurant. The
Planning and Zoning Commission recommended approval of the request with a requirement that the mechanical
units be roof top mounted and screened from view by the parapet wall.
Dems Clark, 1705 N. Northwest Highway, Grapevine, Texas, requested approval of his request.
Mayor Terrell 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 Terrell closed the public hearing.
Council discussion included the telephone pick-up area and dumpster enclosure.
Ordinance No. 1778-10-99: An Ordinance of the City Council of the
City of Allen, Collin County, Texas, Amending the Comprehensive
Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously
Amended, by Amending Tract 3 of Planned Development District
No. 52 (PD -No. 52, Ordinance No. 1170-5-93), by Amending the
Schedule of Uses to Allow One (1) Restaurant with Drive In Service
for 19.2 Acres in the James Parsons Survey, Abstract No. 704, City
of Allen, Collin County, and Being Further Described in Exhibit "A"
Attached Hereto; Providing for Development Regulations, Concept
Site and Landscape Plan, and Building Elevations, Attached Hereto
as Exhibits `B," "C" and "D" Respectively; a Repealing Clause;
Providing a Severability Clause; Providing a Savings Clause;
Providing for a Penalty of Fine not to Exceed the Sum of Two
Thousand Dollars ($2,000) for Each Offense; and Providing for an
Effective Date.
MOTION: Upon a motion made by Councilmember Banlemay and a second by Councilmember Owen,
the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1778-
10-99 as previously captioned approving an Amendment to Tract 3 of Planned Development
No. 52 to allow for one drive-in restaurant, subject to Revised Development Regulations and a
Site/Landscaping and Budding Elevations Plan on 19.2 acres of land The motion carried
A
0
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 1999 PAGES
Consider an Appeal of Sign Control Board Action on September (Agenda Item X)
14, 1999, to Grant a Variance to Allen Barbecue Pit doing business
as Dickey's Barbecue Pit, 405 Central Expressway South, to Allow
a Class 6 Sign at a Height of 5 Feet Above Freeway Lanes and
Located 9 Feet from the Adjacent Property and to Deny the
Request to be Located 55 Feet from Another Class 6 Sign
Community Development Director Bill Petty reviewed the request for variance for a Class 6 sign at
the Dickey's Barbecue Pit located on Central Expressway South. The Sign Control Board considered the
request as submitted at its September 14, 1999, regular meeting, recommending approval of a Class 6 sign at a
height of 45 feet above the freeway lanes and located nine feet from adjacent property lines; however, the
Board denied the request to locate the sign 55 feet from other Class 6 signs On October 1, 1999, Richard
Ferrara Architects, Inc., submitted an amended request to place the sign on the east side of the common access
easement and 60 feet from the nearest Class 6 sign. City staff recommends Council approve the request as
amended with the sign being located nine feet from an adjoining property line.
Ray Dake, A-ero Tec Graphics, reviewed the amended request for a Class 6 sign at Dickey's
Barbecue Pit. The amended request provides for the sign to be visible from the north and south without
blocking or being blocked by other business signs.
Director David Pitstick, Allen Economic Development Corporation, reviewed the history of this tract
of land.
Mayor Terrell informed Council and guests that this item did not require a public hearing, but invited
anyone wishing to speak regarding this item to do so at this time.
Sandy Sanders, 920 Tyler Court, Allen, Texas, expressed concern the addition of this sign would
clutter the appearance along this portion of US 75.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember
Bartlemay, the Council voted four (4) for and two (2) opposed with Councilmember Thomas
and Councilmember Falk casting the negative votes, to confirm the action recommended by
the Sign Control Board for a variance to Dickey's Barbecue Pit to allow a Class 6 sign nine
feet from the adjoining property line and 60 feet from the nearest Class 6 sign, with the sign
being placed on the east side of the common access easement. The motion carried
Acknowledge the New Five -Year Work Program of the Allen (Agenda Item XI)
Community Development Corporation and Approve Projects for
Years 1 and 2
Assistant City Manager Michael Stanger reviewed the five-year work program of the Allen
Community Development Corporation.
Council discussion included median beautification and clubhouse renovations.
A
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 1999
PAGE 9
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to acknowledge the Allen Community
Development Corporation Board's five-year work program and incorporate it into our
planning and communications to others, and to approve the projects contained in years one
and two of the work program. The motion carried.
Business (Agenda Item XM
A. Set Date for a Joint Workshop with the City Council, the Library Board and the Allen Arts
Alliance to Discuss Library Issues Regarding a Central Library vs. a Branch Library and
Library Service Levels.
Council set the Joint Workshop with the Library Board and Allen Arts Alliance on Tuesday,
November 2, 1999, from 6:00 p.m. to 8:00 p.m.
B. Governance Self -Evaluation
The Governance Self -Evaluation was not held.
Calendar
• October 17 - Sunday Sounds/Council Chambers/2.00 p.m.
• October 25 - Joint Council/Allen ISD Meeting
• October 29 - Halloween Concert - Kenny & the KasuolslJoe Farmer Recreation
Center/700-1000 p.m.
• November 5 - Sunday Sounds/Council Chambers/200 p in.
• November 17 thm 20 - TML Annual Conference/Dallas
• November 18 - City Council Meeting Canceled due to TML Annual Conference
• December I - Board/Commission Appreciation Dinner
• December 4 - Rudolph Run - I Mile Fun Run/8:00 a.m., 5K Certified Course/8.30 a.m.
• December 4 - Home for the Holidays
• December 4 - Christmas Tree Lighting Ceiemony
• December 5 - Sunday Sounds/Council Chambers/2:00 p.m
• December 10 - Employee Awards Dinner
• January 15 - Trout Fish Out
Items of Interest
There were no items of interest.
Executive Session
The Executive Session was not held.
(Agenda Item XHI)
11
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 1999
PAGE 10
Reconvene and Consider Action on Items Discussed During (Agenda Item XIV)
Executive Session
No action was taken.
Adiourn (Agenda Item XV)
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 9:58 p.m. on Thursday, October 7, 1999 The motion carried.
These minutes approved on the 21st day of October, 1999
ATTEST:
dy MdMson, CMC, CITY SECRETARY
APPROVED:
Stephen Terrell, MAYOR