Min - City Council - 2000 - 04/20 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 20, 2000
Present
Stephen Terrell, Mayor
Councilmembers:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Susan Bartlemay
Kenneth Fulk
Melissa Owen
City Staff:
Peter H Vargas, City Manager
Judy Morrison, City Secretary
Jason Marshall, Attorney
Call to Order and Announce a Quorum is Present
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:02 p.m. on Thursday, April 20, 2000, in the Council Chambers of the Allen Public
Library, Two Allen Civic Plaza, Allen, Texas Items discussed in the preceding workshop included
• Update Regarding the Design for the Central Fire Station with Administrative Offices
• Update Regarding the Design for Expansion to the Police Facility
• Update Regarding Bethany Ridge, Glendover and Twin Creeks Neighborhood Parks
Public Recoenitiou
1. Citizens' Comments.
2. Recognition of Bill Petty, Director of Community Development, for his 20 Years of Service with
the City of Allen.
3. Presentation of 2000 Community Credit Union Scholarships to Two Allen High School Students.
S. Administer Oaths -of -Office and Present Certificates -of -Appointment to the Newly Appointed
Members of Various City Boards.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 20, 2000
PAGE
City Secretary Judy Morrison administered the Oaths -of -Office to the following newly appointed
members of the following Boards and Commission.
Allen Arts Alliance
Expiration Date
Place No. l
- Debra Suslert
September 30, 2001
Place No. 6
- Cynthia Kaleta
September 30, 2002
Allen Community Development
Corporation
Expiration Date
Place No. 2 -
Barbara Peavy
September 30, 2002
Planning and Zoning Commission
Expiration Date
Place No. 5
- Gary Caplinger
September 30, 2001
Place No. 6
- Lauri Blake
September 30, 2002
Sign Control Board
Expiration Date
Place No. 3
- Frank Brown
September 30, 2001
Mayor Terrell presented those attending a Certificate -of -Appointment certifying their new position and
expressed a welcome and a sincere thanks to the members who are serving their community
MOTION: Upon a motion made by Councilmember Bartlemay, the Council removed the following item
from the consent agenda:
9. Adopt an Ordinance Approving a Variance for Front Yard Setback Requirements to Permit a 65 -
Foot Front Building Setback for Property Located at the Southwest Corner of US 75 and
Ridgeview, Drive as Requested by Turrentine-Jackson-Morrow, Inc.
MOTION: Upon a motion made by Councilmember Owen and a second by Mayor Pro Tem Kerr, the
Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on
the consent agenda as follows:
5. Approve Minutes of the March 16, 2000, Regular Meeting.
6. Accept Resignation from Mr. D. Gregg Layton and Declare a Vacancy in Place No. 4 of the Allen
Arts Alliance Board.
7. Reappointment of Dr. Joe Farmer as a Member of the North Texas Municipal Water District
Board.
8. Adopt an Ordinance Adopting and Enacting Supplement No. 12 to the Code of Ordinances for the
City of Allen.
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ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 20, 2000
10.
11.
12.
PAGE
Ordinance No. 1816-4-00: An Ordinance of the City Council of the City of Allen, Collin County,
Texas, Adopting and Enacting Supplement Number 12 to the Code of Ordinances for the City of
Allen, Providing a Severability Clause; Providing a Penalty for such Violation Thereof; and Providing
When such Supplements and this Ordinance Shall Become Effective.
Adopt a Resolution Authorizing Intervention in TXU Electric Company's Transmission and
Distribution Rate Case.
Resolution No. 1818-0-OO(R): A Resolution of the City Council of the City of Allen, Collin County,
Texas, Authorizing Intervention by the City of Allen in TXU Electric Company's Transmission and
Distribution Rate Case; Authorizing Participation with the Standing Steering Committee of Cities Served
by TXU Electric; Authorizing the Hiring of Rate Case Attorneys and Consultants Through the Standing
Steering Committee; and Authorizing the Payment of 10 Cents per Capita to the Standing Steering
Committee to Fund this and Other TXU Electric and SB 7 Related Cases and Dockets
Award Bid and Authorize Execution of a Contract with Dean Electric, Inc., in the Amount of
$671,046.67 for the Development of Phase I -B of Allen Station Park.
Council authorized the City Manager to execute a contract with the lowest and best bidder, Dean
Electric, Inc., in the amount of $671,046 67 for the development of Allen Station Park, Phase I -B.
Award Bid and Authorize Execution of a Contract with Hughes Supply, Inc., for the Purchase of
Water Meters.
Council authorized the City Manager to execute a contract with the lowest and best bidder, Hughes
Supply, Inc., to purchase various sized water meters at the following costs
Water Meter Size
Existing Contract
Cost
Unit Price
Regular Meter
Unit Price
Touch Read
Meter
Cost Difference
For Touch Read
5/8" x 3/4"
24.29
24.29
9000
+55.71
3/4"
43.46
4346
101.00
+57.54
1"
71.04
7140
131.00
+59.60
1 1/2"
185 50
185.00
254.80
+69.80
2" Compound
85850
858.00
988.00
+130.00
3" Compound
1145.00
1145.98
1313.15
+167.17
4" Compound
1665.65
1665.00
1868.00
+203.00
6" Compound
2974.00
2974.00
3294.00
+320.00
Fire Hydrant
Not bid
553.55
Touch Read Register
Not bid
N/A
52.00
N/A
13. Authorize Execution of a Contract with Sprint Spectrum, L.P., in the Amount of $12,000 per Year
for Placement of a Cellular Antenna on the Custer Water Tower.
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ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 20, 2000
14.
15.
Will
PAGE
Council authorized the City Manager to execute a five-year contract with an option for five additional
five-year terms with the lowest and best bidder, Sprint Spectrum, L.P., in the amount of $12,000 per
year with a rate increase of five percent each year, for placement of a cellular antenna on the Custer
Water Tower
Authorize Execution of Contracts with Metricom, Inc., for the Following:
A. Execute a Five -Year Contract in the Amount of $12,000 per Year for Placement of a
Cellular Antenna on the Custer Water Tower.
Council authorized the City Manager to execute a five-year contract with an option for five
additional five-year terms with the lowest and best bidder, Metricom, Inc., in the amount of
$12,000 per year with a rate increase of five percent each year, for placement of a cellular
antenna on the Custer Water Tower.
B. Execute a Five -Year Contract in the Amount of $12,000 per Year for Placement of a
Cellular Antenna on the Rowlett Water Tower.
Council authorized the City Manager to execute a five-year contract with an option for five
additional five-year terms with the lowest and best bidder, Metricom, Inc., in the amount of
$12,000 per year with a rate increase of five percent each year, for placement of a cellular
antenna on the Rowlett Water Tower.
Approve the Concept Plans and Establish an Initial Budget for the Bethany Ridge, Glendover and
Twin Creeks Neighborhood Parks.
Council approved the concept plans and established an initial budget for the following parks
Concept Plan Budget Available Budget
Bethany Ridge Park $178,505 $178,900
Glendover Park $269,776 $270,100
Twin Creeks Park $311,501 $269,448
Approve a Budget Amendment for the Parks and Recreation Department by Adding One
Employee to the List of Approved Employees.
Council approved a budget amendment for the Parks and Recreation Department reorganizing the
Department as follows.
Deleted Positions
Recreation Superintendent
Athletics Superintendent
Added Positions
Recreation Services Manager
Athletics Coordinator
Senior Citizens Coordinator
17. Receive CIP (Capital Improvement Program) Status Report.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 20, 2000
The motion carried.
Councilmember Bartlemay stepped down from the Council bench
PAGE
9. Adopt an Ordinance Approving a Variance for Front Yard Setback Requirements to Permit a 65 -
Foot Front Building Setback for Property Located at the Southwest Corner of US 75 and
Ridgeview Drive as Requested by Turrentine-Jackson-Morrow, Inc.
Ordinance No. 1817-4-00: An Ordinance of the City Council of the City of Allen, Collin County, Texas,
Granting a Variance to the Required Front Yard to Allow a Sixty -Five Foot Front Building Setback Along
US 75 for Property Zoned CF -Community Facilities District and Being Further Described in Exhibit
"A" Attached Hereto; Providing a Repealing Clause; Providing a Sevembility Clause; Providing a Savings
Clause; Providing a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each
Offense; and Providing an Effective Date.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Thomas, the
Council voted six (6) for and none (0) opposed to approve Ordinance No. 1817-4-00 as
previously captioned for a 65 foot front building setback with an amendment to approve a
canopy setback 35 feet from the property line with maximum size of 40 foot width. The
motion carried.
Regular Agenda
18. TABLED ITEM: Consider the Adoption of an Ordinance Requesting a Change in Zoning from
Shopping Center (SC) to a Community Facilities (CF) District for Victoria Gardens on 6i Acres
of Land Located West of Jupiter Road and South of Main Street.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Gallagher, the
Council voted six (6) for and none (0) opposed to remove this item from the table. The motion
carried.
Ordinance No. 1819-4-00: 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 Shopping Center (SC) to Community Facilities (CF) for
6.472 Acres of Land in the David Weisel Survey Abstract 977, and Being Further Described in Exhibit
"A" Attached Hereto; Providing for a Repealing Clause, Providing for a Severability Clause; Providing
for 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 the Effective Date of Said Ordinance.
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. 1819-4-00
IrI as previously captioned by granting a change in zoning from Shopping Center (SC) to
Community Facilities (CF) for 6.472 acres of land. The motion carried
Councilmember Bartlemay returned to the Council bench
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 20, 2000
PAGE
19. Conduct a Public Hearing and Consider the Adoption of an Ordinance Granting a Change in
Zoning to Amend the Development Regulations by Amending the Floor Area Ratio for Tract 4 of
Planned Development No. 54 on 2± Acres of Land Located Between US 75 and Bray Central
Drive, South of Village Way as Requested by Holiday Inn Express.
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.
Ordinance No. 18204-00: 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 the Development Regulations for Tract 4 of Planned Development No. 54,
Ordinance No. 1172-5-93, for 48 Acres in the A. B. Perrin Survey, Abstract No 713 Being a Portion of,
City of Allen, Collin County, Texas, and Being Further Described in Exhibit "H" Table IV -2 Attached
Hereto and Made a Part Hereof for all Purposes; Providing for a Change in the Allowable Floor Area Ratio
Regulations for Hotel Uses only, Providing 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
E 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 seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1820-4-
00 as previously captioned by amending the Development Regulations for Tract 4 of Planned
Development No. 54. The motion carried.
20. Conduct a Public Hearing and Consider the Adoption of an Ordinance Granting a Change in
Zoning for a Revised Specific Use Permit for a Home Improvement Warehouse with Outside
Display and Storage on 17± Acres of Land Located North of McDermott Drive between Benton
Drive and Watters Road as Requested by Lowe's Companies, Inc.
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
Ordinance No. 1821-4-00: 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 Specific Use Permit No. 75 For a Retail Store with Outdoor Storage and Display
with Special Conditions for Property Zoned Planned Development District No 54 Described in Exhibit
"A" Attached Hereto; Providing for Approval of the Site Plan Attached Hereto as Exhibit "B", Providing a
Repealing Clause; Providing a Severability Clause; Providing a Savings Clause; Providing a Penalty of
Fine not to Exceed
the Sum of Two Thousand Dollars ($2,000)
for each Offense;
and Providing an
i
Effective Date.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 20, 2000
PAGE
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted six (6) for and one (1) opposed with Councilmember Thomas casting the
negative vote, to approve and adopt Ordinance No. 1820-4-00 as previously captioned by
granting Specific Use Permit No 75 for a retail store with outdoor storage and display with special
conditions for property zoned Planned Development District No. 54. The motion carried
Councilmember Thomas expressed his opposition to the request due to the allowance for outdoor
storage.
Council requested management participate in the "Safe House" program. The program request will be
recommended by the applicant.
21. Conduct Public Hearings and Consider the Adoption of Ordinances Granting a Change in Zoning
to Remove Specific Use Permits for the Following:
Mayor Terrell opened the public hearings for each of the following agenda items and asked for anyone
speaking either for or against the requests to do so at this time.
i With no one speaking either for or against the requests, Mayor Terrell closed the public hearings.
a MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Bartlemay, the
Council voted seven (7) for and none (0) opposed to approve and adopt the following
Ordinances as captioned below
A A Private School with a Day Care as An Accessory Use on Property Described as Tract A 1, Lot
2 of the Allen Business Centre Addition Located North of Bethany Drive on Prestige Circle.
Ordinance No. 1822-4-00: An Ordinance of the City Council of the City of Allen, Collin County,
Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as
Previously Amended, to Grant a Change in Zoning by Repealing Ordinance No. 1468-11-96 to
Revoke the Specific Use Permit for a Private School with Daycare as an Accessory Use on
Property Zoned Planned Development No. 3 for Shopping Center District Uses Described as Tract
Al, Lot 2 of the Allen Business Centre Addition, an Addition of the City of Allen, Collin County,
Texas; Providing a Repealing Clause; Providing for a Severability Clause; and Providing for an
Effective Date.
B. A Church on Property Described as Being Located in the Allen Community Baptist Church
Addition Located at the Northeast Corner of Jupiter Road and Chaparral Road
Ordinance No. 1823-4-00: 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, to Grant a Change in Zoning by Repealing Ordinance No. 1086-3-92 to
Ll Revoke the Specific Use Permit for a Church on Property Zoned Local Retail (LR) Described as
the Allen Community Baptist Church Addition, an Addition of the City of Allen, Collin County,
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 20, 2000
PAGE
Texas; Providing a Repealing Clause. Providing for a Severability Clause; and Providing for an
Effective Date.
A Church on Property Described as Being the Northern Four Acres of a 7t Acre Tract in the
Fountain Park First Section Located North of the Northeast Corner of SH 5 and Rivercrest
Boulevard
Ordinance No. 1824-4-00: 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, to Grant a Change in Zoning by Repealing Ordinance No. 402-8-82 to
Revoke the Specific Use Permit for a Church on Property Zoned Planned Development Single
Family (PD -SC -6) Described as the Northern Four (4) Acres of a 7 042 Acre Tract in the Lewis
Wetsel Survey, Abstract No. 978, and Being Part of the Fountain Park First Section, an Addition
of the City of Allen, Collin County, Texas; Providing for a Repealing Clause; Providing for a
Severability Clause; and Providing for an Effective Date.
D. An Auto Glass Shop on Property Described as Being Suite 133 of the Bethany Plaza Shopping
Center Located at the Northeast Corner of SH 5 and Bethany Drive.
Ordinance No. 1825-4-00: An Ordinance of the City Council of the City of Allen, Collin
County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map,
as Previously Amended, to Grant a Change in Zoning by Repealing Ordinance No 1421-4-96 to
Revoke the Specific Use Permit for an Auto Glass Store in the Bethany Plaza Shopping Center
Zoned Shopping Center Described as Suite 133 of the Bethany Plaza Shopping Center;
Providing a Repealing Clause; Providing for a Severability Clause; and Providing for an
Effective Date.
E. A Teen Club on Property Described as Being Located in Suites 220 and 230 of the Allen
Heights Shopping Center Addition Located at the Northwest Corner of Allen Heights Drive and
East Main Street.
Ordinance No. 1826-4-00: 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, to Grant a Change in Zoning by Amending Planned Development No. 1 by
Repealing Ordinance No. 1558-12-97 to Revoke the Specific Use Permit for a Teen Club for
Property Zoned Planned Development No. I for Shopping Center District Uses Described as
Suites 220 and 230 of the Allen Heights Shopping Center, an Addition of the City of Allen, Collin
County, Texas; Providing for a Repealing Clause; Providing for a Severability Clause; and
Providing for an Effective Date.
The motion carried.
22. Conduct a Public Hearing Concerning the Annexation of 18± Acres of Land Located at the
Northeast Corner of Custer Road and Hedgcoxe Road.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 20, 2000
PAGE
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.
No action was required on this item at this time.
23. Adopt a Resolution Approving the Cultural Arts Strategic Plan 2000 and Provide Direction on
How to Proceed.
Resolution No. 18274-00(R): A Resolution of the City Council of the City of Allen, Collin County,
Texas, Approving the Cultural Arts Strategic Plan 2000 for Implementation by the Allen Arts Alliance
Board
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to approve and adopt Resolution No. 1827-4-
00(R) as previously captioned by approving the Cultural Arts Strategic Plan 2000 The motion
carried.
24. Consider the Proposed Site and Construction of the Library/Civic Auditorium Facility and
Scheduling a Bond Election Date for this Item.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Thomas, the
Council voted seven (7) for and none (0) opposed to authorize a $10 million bond election to be
held on August 12, 2000, and to select the 10 acre Allen Drive site located in the Central
Business District for the Library and Performing Arts project with the proposition to be
determined by bond counsel to include the previously authorized but unissued bonds. The
motion carried.
Other Business
25. Calendar
• Early Voting/April 19 thou May 2
• May 6 — City Council Election
• May 1 I — Canvass of Election
• May 20 — Business Expo 2000
• May 29 — Allen Arts Fest
26. Items of Interest
�'; • Briefing Regarding the Allen Arts Alliance Fund Raiser for the Civic Plaza and Receive City
Council Input
• Council requested ordinances be enforced, sign ordinance be reviewed and enforced, vehicles
parked on parkland be monitored.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 20, 2000 PAGE 10
Executive Session
The Executive Session was not held.
27. Reconvene and Consider Action on Items Discussed during Executive Session.
• Consider Appointments to Vacancies on the Keep Allen Beautiful Board and the Allen Arts
Alliance Board
MOTION: Upon a motion by Councilmember Bartlemay and a second by Councilmember Fulk, the
Council voted seven (7) for and none (0) opposed to nominate Lauren Jones for Place No 4 of
the Allen Arts Alliance with a term expiration date of September 30, 2002, and Sheila Curtis for
Place No. 6 of the Keep Allen Beautiful Board with a term expiration date of September 30,
2002. The motion carried.
MOTION: Upon a motion by Councilmember Owen and a second by Mavor Pro Tem Kerr, the Council
voted seven (7) for and none (0) opposed that nominations cease and that the slate of
individuals previously nominated be appointed by acclamation to the designated places on the
Allen Arts Alliance and Keep Allen Beautiful Board, respectively The motion carried.
Adjourn
MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 10:30 p m. on Thursday, April 20, 2000. The motion carried.
These minutes approved on the 4th day of May, 2000
APPROVED:
44n=-f—�
Stephen Terrell, MAYOR
ATTEST:
J y Mor ' on, CMC/AAE, CITY SECRETARY