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Home My WebLink AboutMin - City Council - 2001 - 08/02 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 2, 2001 Present: Stephen Terrell, Mayor Councilmembers: Melissa Owen, Mayor Pro Tem (absent) Debbie Stout Richard Buchanan Bill Petty Susan Bartlemay Kenneth Fulk City Staff: Peter H. Vargas, City Manager Judy Morrison, City Secretary Peter G Smith, 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 7:12 p in on Thursday, August 2, 2001, in the Council Chambers of the Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop included: • Review and Updates Regarding the Building Code and the Fire Code Public Recognition Citizens' Comments. • Josh Feldman, 4701 Park Boulevard, Suite 102, Plano, Texas, spoke regarding agenda item #11, the site plan for a mosque in Allen. • Council recognized Boy Scout Troup 1234 for working on merit badges in citizenship. 2. Presentation of a Proclamation from the Office of the Mayor. • Presentation of a Proclamation to Ms. Debra Sweezer, National Programs Director of the Boys & Girls Clubs of Collin County, Proclaiming August 5, 2001, as National KidsDay. ALLEN CITY COUNCH, REGULAR MEETING AUGUST 2, 2001 PAGE 2 Consent Aeenda MOTION: Upon a motion made by Councilmember Petty and a second by Councilmember Stout, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the consent agenda as follows: 3. Approve Minutes of the July 19, 2001, Regular Meeting. 4. Set August 28, 2001, as the Public Hearing Date Regarding the City Budget in Accordance with Section 4.04 of the City Charter. 5. Set August 28, 2001, as the Public Hearing Date Regarding the Fiscal Year 2001-2002 City Tax Rate in Accordance with the Texas Truth -in -Taxation Statute and Take a Record Vote of the Proposed Tax Rate. 6. Adopt a Resolution and Authorize Execution of an Interlocal Agreement with the Town of Fairview Concerning the Construction, Operation, Maintenance, and Use of the Fairview Wastewater Interceptor. RESOLUTION NO. 1966-8-OI(R); A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE TOWN OF FAIRVIEW, TEXAS, CONCERNING THE CONSTRUCTION, OPERATION, MAINTENANCE AND USE OF THE FAIRVIEW WASTEWATER INTERCEPTOR; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. 7. Approval of Assignment of Tax Abatement Agreement Reinvestment Zone #21 from ACLP Bethany, L.P., to GL Bethany, L.P. 8. Authorize Execution of a Professional Services Contract with Birkboff, Hendricks & Conway, L.L.P., for an Amount not to Exceed $28,560 for the Design of Phase H of the SH 5 Sidewalk Project. Council authorized the City Manager to execute a professional services contract with Birkhoff, Hendricks & Conway, L.L.P., to design Phase 11 of the SH 5 Sidewalk Project for an amount not to exceed $28,560. Phase R consists of the east side of SH 5, from Post Oak Lane to Ridgemont Drive. 9. Authorize Execution of Three Easements Conveying Property Rights to Southwestern Bell Telephone Company for the Following Locations: (A) Deercreek Drive at Ridgeview Drive; (B) Be] Air Drive along the West Side of Watters Crossing, Phase I Subdivision; and (C) Along the East Side of Malone Road from East Main Street to Angel Parkway. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 2, 2001 PAGE Council authorized the City Manager to execute three easements conveying property rights to Southwestern Bell Telephone Company for locations at (A) Deercreek Drive at Ridgeview Drive; (B) Bel Air Drive along the west side of Watters Crossing, Phase I Subdivision; and, (C) along the east side of Malone Road from East Main Street to Angel Parkway 10. Award Bid and Authorize Execution of Two Contracts with Pinnacle Integrated Technologies for the Following: (A) Voice and Data Cabling and Wiring for the Allen Police Building for an Amount of $42,237.89; and, (B) Voice and Data Inside Cabling and Wiring for the Don Rodenbaugh Natatorium for an Amount of $9,056.15. Council authorized the City Manager to execute two contracts with Pinnacle Integrated Technologies, the lowest and best bidder, for the relocation of the Fiber and Copper backbone, and for the installation of the voice and data cabling at (A) the Allen Police Building in an amount not to exceed 542,237.89; and (B) the Don Rodenbaugh Natatorium in an amount not to exceed $9,056.15, for a total cost of $51,294.04. 11. Consider Approval of a Site Plan for the Ahmadiyya Movement for the Construction of the Allen Mosque Located on 43 Acres of Land Located on Hedgcoxe Road East of Duchess Drive. Council authorized the site plan for the Ahmadiyya Movement for the construction of the Allen Mosque provided that the wrought iron fencing and landscaping along the northern and eastern sides be made a part of the first phase and in place prior to construction of the buildings. The fence is to be a minimum height of 6 feet 6 inches, and the landscaping a minimum of 8 feet at maturity 12. Receive the Proposed City Budget for Fiscal Year 2001-2002. 13. Receive the Summary of Property Tax Collections as of June 30, 2001. The motion carred. Reeular Agenda 14. CONTINUED: Continue a Public Hearing and Adopt an Ordinance Granting a Change in Zoning by Granting Specific Use Permit No. 86 for a Fueling Station on li Acre of Land Located at the Southeast Comer of the Intersection of Malone Road and Main Street (FM 2170) in the Clearview Estates Subdivision. Mayor Terrell stated that the public hearing was still open and asked for anyone speaking either for or against the request to do so at this time. �' y MOTION: Upon a motion made by Councdmember Bartlemay and a second by Councilmember Falk, the ■L Council voted six (6) for and none (0) opposed to continue the public hearing to the August 16, 2001, regular meeting and to refer this item to Planning and Zoning Commission for reconsideration at its August 9, 2001, regular meeting with a recommendation being brought forward to Council at the August 16, 2001, regular meeting as requested by the proponent. The motion carried ALLEN CITY COUNCIL REGULAR MEETING AUGUST 2, 2001 PAGE 15. TABLED: Adopt an Ordinance Granting a Change in Zoning by Granting Specific Use Permit No 87 for a Fueling Station on 17t Acres of Land Located at 1212 E. Bethany Drive, as Requested by T&M Allen Development Company. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Fulk, the Council voted six (6) for and none (0) opposed to remove this item from the table. The motion carred Although the public hearing for this item was closed at the July 19, 2001, Council meeting, Mayor Terrell invited anyone wishing to speak either for or against the request to do so at this time. Toni Murray, 812 Carolyn Lane, Allen, Texas, expressed concern regarding safety issues. Gary Stocker, 1305 Cassandra Lane, Allen, Texas, expressed concern regarding the drainage area north of the proposed station. He did suggest Council consider approving two inbound lanes and one outbound lane on the western boundary of the property The following citizens did not wish to speak but wished to record their opposition on this item: Julie W Rekieta, 809 Bedell Lane, Allen, Texas; John Fox, 1221 Carolyn, Allen, Texas; Daphne Fox, 1221 Carolyn, Allen, Texas; and Pam Lewis, 1602 Clearbrook, Allen, Texas. ORDINANCE NO. 1967-8-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING DISTRICT MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 87 TO ALLOW A FUELING STATION FOR PROPERTY ZONED "FP -C" - FLOODPLAIN COMMERCIAL AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS, PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT 'B", 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 DOLLARS ($2,000) FOR EACH OFFENSE: AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay, the Council voted four (4) for and two (2) opposed with Councdmembers Buchanan and Fulk casting the negative votes, to adopt Ordinance No. 1967-8-01 as previously captioned with "Option 3" site plan. The motion carried. Other Business 16. Calendar. • August 7—National Night Out/Bethany Lakes Pmk/6-9 p.m. August 10-12—Council Budget Workshop • August 28—Public Hearing on Budget and Public Hearing on Tax Rate (if needed) September 17—TRIAD Meeting ALLEN CITY COUNCIL REGULAR MEETING AUGUST 2, 2001 1 17. Items of Interest. I PAGES • Presentation of the Cumulative Cost/Benefit Impact of Projects of the Allen Economic Development Corporation as Prepared by Insight Research • 2000 Annual Report of the Allen Police Department Executive Session The Executive Session was not held. 18. Reconvene and Consider Action on Items Discussed during Executive Session. Adiourn MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councdmember Fulls, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:26 p.m. on Thursday, August 2, 2001. The motion carred. These minutes approved on the 16' day of August, 2001. APPROVED: Stephen Terrell, MAYOR ATTEST: dy Mo Iwo. CMC/AAE, CITY SECRETARY