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Min - City Council - 2000 - 09/21 - RegularALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2000 Present: Stephen Terrell, Mayor Councilmembers: Doug Gallagher, Mayor Pro Tem Lonnie Thomas Richard Buchanan Susan Bartlemay Kenneth Fulk Melissa Owen (absent) Citv Staff: Peter Vargas, City Manager Judy Morrison, City Secretary Pete Smith, City 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, September 21, 2000, in the Council Chambers of the Allen City Hall, One Allen Civic Plaza, Allen, Texas. Items discussed in the preceding workshop included • Discussion of the Electronic Red Light Enforcement • Proposed Agreement for the Extension of Bethany Drive, West of Watters Road to Alma Drive Pledge of Allegiance Public Recognition Citizens' Comments. Mr. Ace Park, 901 Greenbrouk, Allen, Texas 75002, expressed concern regarding speeding along Roaring Springs Drive. He requested a marked crosswalk and stop sign be added halfway between Rivercrest Boulevard and FM 2170. 2. Recognition of the City of Allen Finance Department for Receiving the Distinguished Budget Presentation Award. a ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2000 PAGE 2 Consent Agenda MOTION: Upon a motion made by Mayor Pro Tem Gallagher and a second by Councilmember Falk, 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 September 7, 2000, Regular Meeting. 4. Adopt a Resolution Designating The Allen American as the Official Newspaper of the City of Allen. Resolution No. 1875-9-00(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Designating The Allen American the Official Newspaper of the City of Allen, Collin County, Texas, for FY 2000-2001 5. Adopt a Resolution Approving the Amendments to the By -Laws of the Cable TV and Telecommunications Advisory Committee. Resolution No. 1876-9-00(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving the Amended By -Laws of the Cable TV and Telecommunications Advisory Committee; and Providing an Effective Date. 6. Adopt a Resolution Accepting the Texas Forest Service Urban Forestry Partnership Grant Award for an Urban Forester. Resolution No. 1877-9-00(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing the Appropriate Representative to Execute Agreements Associated with the "Urban and Community Forestry Program" Grant Request Committing Shared Cost of the Project as Described in the Grant Application 7. Confirmation on a Variance to Mr. Charles Carter, as Approved by the Sign Control Board, to Place a Class 5 Monument Sign Behind a 20 -Foot Visibility Triangle at a Drive Cut Located at 102 W. McDermott Drive. 8. Direct the Planning and Development Department to Prepare a Service Plan for Annexation. Council authorized the Planning and Development Department to prepare a service plan that provides for the extension of full municipal services to six tracts of land and to adopt a schedule for proceedings. 9. Receive the Allen Parks and Recreation Board 2000 Annual Report to the City Council. 10. Accept Resignation from Ms. Tess McKeown and Declare a Vacancy in Place No. 5 of the Allen Arts Alliance Board. 11. Receive the CIP (Capital Improvement Program) Status Report. El The motion carried. Regular Agenda ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2000 PAGE 3 12. TABLED ITEM: Consider Approval of an Ordinance Authorizing Amendments to the Allen Thoroughfare Plan by Amending the 1998 Comprehensive Plan. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to remove this item from the table The motion carried. The following citizens did not speak but registered opposition to the proposed Thoroughfare Plan: Ginny Konrad 1202 Waterdown Drive Allen, TX 75013 Hamm Heymann 1904 Deercreek Drive Allen, TX 75013 Jeff and Pam Dunham 1910 Deercreek Drive Allen, TX 75013 James Stryker 1911 Ledgemont Court Allen, TX 75013 Gids Modi 1910 Ledgemont Court Allen, TX 75013 Karen Benedict 1906 Deercreek Drive Allen, TX 75013 Wade Arnold 1206 Waterdown Drive Allen, TX 75013 Amber Arnold 1206 Waterdown Drive Allen, TX 75013 Rebecca Stryker 1911 Ledgemont Court Allen, TX 75013 Michael Ojukwu 1308 Waterdown Drive Allen, TX 75013 Richard Deymann 1904 Deercreek Drive Allen, TX 75013 Maureen Muamontes 1911 Edgehill Drive Allen, TX 75013 Manuel and Stephanie Saez 1901 Edgehill Drive Allen, TX 75013 Doak Morrow 1907 Edgehill Drive Allen, TX 75013 Ron Parks 1210 Waterdown Drive Allen, TX 75013 Dennis and Kathy Shipman 1208 Waterdown Drive Allen, TX 75013 Sally Parks 1210 Waterdown Drive Allen, TX 75013 Martha Morrow 1907 Edgehill Drive Allen, TX 75013 Rachelle Farkas 1204 Waterdown Drive Allen, TX 75013 Enc Farkas 1204 Waterdown Drive Allen, TX 75013 Paul Konrad 1202 Waterdown Drive Allen, TX 75013 John Paul Landry 1907 Edgehill Drive Allen, TX 75013 Lira and Rohit Modi 1910 Ledgemont Court Allen, TX 75013 Stacey Machmann 1330 Waterdown Drive Allen, TX 75013 Ann and Jim Pebotes 1216 Waterdown Drive Allen, TX 75013 Mr. Craig Horton, 1900 Deercreek Drive, Allen, Texas 75013 spoke before the Council in opposition to the Rowlett Creek bridge. He expressed the following concerns: 1) Very small area for a large structure — close proximity to southern most homes. 2) The City will be responsible for maintenance costs for the bridge. 3) Economic, social, and environmental benefits/costs are not known or are unclear. 4) Destruction of one of the most beautiful natural areas in the City 5) Concerns of crime and mischief. MOTION: Upon a motion made by Mayor Pro Tem Gallagher and a second by Councilmember Fulk, the i Council voted three (3) for and three (3) opposed with Mayor Terrell and Councilmembers Thomas and Bartlemay casting the negative votes, to approve and adopt an Ordinance authorizing amendments to the Allen Thoroughfare Plan by Amending the 1998 Comprehensive Plan with (1) the exception of the bridge curve to Custer Road, (2) addition of a collector from Exchange Parkway to Ridgeview Drive connecting with Bridgewater Drive, ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2000 PAGE and (3) addition of a collector to connect the perpendicular collector to Custer Road through the subdivision. The motion was defeated. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Gallagher, the Council voted five (5) for and one (1) opposed with Councilmember Fulk casting the negative vote, to table this item to the October 5 Council agenda, at which time the Council will consider the adoption of the Allen Thoroughfare Plan prior to the wrong case. The motion canned. 13. Conduct a Public Hearing and Consider Approval of an Ordinance Granting a Change in Zoning by Granting Specific Use Permit No. 82 for a Restaurant with Private Club for Chris' 19th Hole Restaurant Located at the Northeast Corner of US 75 and Bethany Drive. 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, Mayor Terrell closed the public hearing. Ordinance No. 1878-9-00: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending the Allen Land Development Code Zoning Regulations and Zoning Map, as Previously Amended, by Granting Specific Use Permit No. 82 for a Restaurant with Pnvate Club for Property Zoned Planned Development No 68, Described in Exhibit "A" Attached Hereto, Providing for �.{ Special Conditions; Providing for Approving of the Site Plan, Building Elevations and Floor Plan Attached Hereto as Exhibits "B," "C" and "D," Respectively; 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 Thomas and a second by Councilmember Buchanan, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1878- 9-00 as previously captioned. The motion carred. 14. Authorize Execution of a Purchase and Sale Agreement with Emerson Partners, Inc., and Montgomery Farm Co., Ltd., for the Extension of Bethany Drive, West of Watters Road to Alma Drive. MOTION: Upon a motion made by Councilmember Fulk and a second by Mayor Pro Tem Gallagher, the Council voted six (6) for and none (0) opposed to authorize the City Manager to execute a Purchase and Sale Agreement with Emerson Partners, Inc., and Montgomery Farm Co., Ltd, for the Extension of Bethany Drive, West of Watters Road to Alma Dnve. The motion carred. 15. Consider Appointments to Fill Expiring Terms and Vacancies on All City Boards and Commission. This item was not considered at this time. Other Business. 16. Calendar. I 0 ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2000 PAGES • September 21 — Begin live broadcasting of City Council meetings • September 25 — Autumn Rhythms Fall Concert Series/7-9 p.m./Joe Fanner Recreation Center Hillside Amphitheater • September 30 — Ribbon Cutting Ceremony for the Opening of SH 5/10:00 a in. at the intersection of Main Street and SH 5 • October 1 — Presbyterian Hospital/Grand Opening • October 2 — Autumn Rhythms Fall Concert Senes/7-9 p m./Joe Farmer Recreation Center Hillside Amphitheater • October 6 — Pre -Open Ceremony/Allen Premium Outlet Mall • October 27 — City Hall Open House/Ceremony at 4:00 p.m /Open House at 5:00 p.m. • October 27 and 28 — Allen's Knights of Tenor (Haunted House) • October 28 — Allen Community Outreach's Star Light, Star Bright Celebration/Southfork Ranch/6:30 p.m. • November 15 - 18 — TML Conference/Austin • November 29 — Boards and Commission Dinner 17. Items of Interest. • Continued parking by Norton Elementary School has been a problem • Scheduling of future agenda items Executive Session In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072; Personnel, Section 551.074; Staff Presentations, Section 551.075; the Allen City Council convened into Executive Session at 10:07 p.m. on Thursday, September 21, 2000, in the Council Conference Room, One Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to: • Legal - Ware/Hackett vs. City of Allen • Personnel - Appointments to All City Boards and Commissions The Executive Session was adjourned at 11:04 p.m. on Thursday, September 21, 2000. 18. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 11:08 p in. on Thursday, September 21, 2000, in the Council Chambers of the Allen City Hall. MOTION: Upon a motion made by Counnlmember Bartlemay and a second by Councilmember Buchanan, the Council voted six (6) for and none (0) opposed to approve the Committee's recommendations as follows for appointments to fill expinng terms and vacancies on all City boards and commissions. Allen Arts Alliance Expiration Date Place No. 2 = Lisa Ellnch September 30, 2002 Place No. 3 Joel Cantwell September 30, 2001 Place No. 5 - Joyce Richards September 30, 2001 I ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2000 Board of Adjustment/Building Standards Commission Expiration Date Place No 2 - Alexander Kirk September 30, 2002 Place No. 4 - Ray Conrad September 30, 2002 Alternate Place No. 2 - Michael Almassi September 30, 2002 Cable TV and Telecommunications Advisory Committee Place No. 2 - Carl M. Johnson September 30, 2002 Place No. 4 - Woodrow Anderson September 30, 2002 Place No 6 - Paula Bradley September 30, 2002 Community Development Corporation Place No. 4 - Lon Stitt September 30, 2002 Place No. 6 - Sue Johnson September 30, 2002 Economic Development Corporation Place No. 1 - Kenneth Fulk September 30, 2003 Place No. 2 - Tim Wood September 30, 2003 Keen Allen Beautiful Board Place No. 2 - Amy Smith September 30, 2002 Place No 4 - Patricia Buckley September 30, 2002 Library Board Place No 2 - Frank Snidow September 30, 2002 Place No. 4 - Ruth Pringle September 30, 2002 Place No. 6 - In Long September 30, 2002 Parks and Recreation Board Place No. 2 - Kevin Pierce September 30, 2002 Place No. 4 - Carl Clemencich September 30, 2002 Place No 6 - Anne Campbell September 30, 2002 Planning and Zoning Commission Place No. 2 - Kenneth Harvey September 30, 2002 Place No. 4 - Ross Obermeyer September 30, 2002 Place No. 7 - Karolyn Nelson September 30, 2001 Sign Control Board Place No 2 - Ed Spivey September 30, 2002 Place No 4 - Melanie Jones September 30, 2002 City Health Officer Dr. John Connolly September 30, 2002 The motion carried PAGE ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2000 PAGE 7 Adjourn MOTION: Upon a motion made by Mayor Pro Tem Gallagher and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11 15 p.m. on Thursday, September 21, 2000. The motion carried. These minutes approved on the 5' day of October, 2000. ATTEST: �u&tteom J4dy Mor an, CMC/AAE, CITY SECRETARY I 0 APPROVED: Stephen Tirell, MAYOR