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HomeMy WebLinkAboutMin - City Council - 1999 - 01/07 - RegularALLEN CITY COUNCIL REGULAR MEETING JANUARY 7, 1999 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Bartlemay Kenneth Folk Melissa Owen (absent) City Staff: Peter H Vargas, City Manager Judy Morrison, City Secretary Peter G. Smith, Acting 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 6:25 p.m on Thursday, January 7, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas Discuss Current Agenda (Agenda Item 11) Statutory Agenda Item B, "Consider All Matters Incident and Related to the Issuance and Sale of Waterworks and Sewer System Revenue Refunding and Improvement Bonds, Series 1999, including the Adoption of an Ordinance Authorizing the Issuance of Such Bonds and the Adoption of a Resolution Providing for the Redemption of Certain Outstanding Bonds of the City " Mr. Dan Almon of Southwest Securities announced that the City's bond rating was upgraded one level from Baa to A3 by Moody's. The bonds sold included old money and new money for a total of $12,545,000 of Water Sewer bonds. The average interest rate is 464% The restructuring shows savings of over $179,390 or approximately 42986% Industry recommends refinancing if you are able to recognize savings of at least 3% Statutory Agenda Item C, "Adopt an Ordinance Abandoning Two Twenty-five Foot Alleys Located South of McDermott Drive and East of Butler Drive as Requested by Wilbo Properties, Inc." Council discussed the need for the sewer easement. This item will be deferred to the next meeting. r �I ALLEN CITY COUNCIL REGULAR MEETING JANUARY 7, 1999 PAGE Agenda Item X, "Public Hearing to Consider the Recommendation of the Planning and Zoning Commission to Amend Planned Development No. 71 for R-7 Uses on 13 74± Acres of Land Located on Suncreek Boulevard, South of McDermott Drive for Villa Custom Homes." This nem was recently zoned by Council but the proponent is requesting an amendment. Council expressed concern in lessening the rear yard setbacks since additional loss of trees might occur. Policy Agenda (Agenda Item III) • Quality of Life Policy, Philosophy/Environmental Scan > Larger Lots and Cost of Development It appears development costs of City of Southlake and City of Flower Mound may be less than Allen. These cities are not direct comparisons to the City of Allen. A report will be compiled for Council's review regarding this subject. It was suggested the areas of north Dallas, Plano, Frisco and McKinney might be better comparisons to Allen. An additional factor to be included is the location of employment centers. The workshop session recessed at 7:25 p.m. REGULAR MEETING With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 7:30 p.m. on Thursday, January 7, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Public Recognition (Agenda Item IV) • Citizens' Comments Ms. Ramona Linebaugh, 512 Hightrail Drive, Allen, Texas, expressed concern with barking dogs in her neighborhood There are 25 dogs living in the four homes surrounding her residence. The City Manager will receive staff information and provide comment and a possible solution to Ms. Linebaugh after research. ConsentConsent Agenda (Agenda Item V) MOTION: Upon a motion made by Councilmember Fulk and a second by Mayor Pro Tem Kerr, the Council voted six (6) for and none (0) opposed to approve the Consent Agenda as recommended and as follows: • Approve Minutes of the December 17, 1998, Regular Meeting. The motion carried ALLEN CITY COUNCIL REGULAR MEETING JANUARY 7, 1999 PAGE 3 Statutory Aeenda (Agenda Item VI) Staff requested Council remove Statutory Agenda Item C. "Adopt an Ordinance Abandoning Two Twenty-five Foot Alleys Located South of McDermott Drive and East of Butter Drive as Requested by Wdbo Properties, Inc." Council deferred the item to the January 21, 1999, Council meeting. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councdmember Bartlemay, the Council voted six (6) for and none (0) opposed to approve and adopt all remaining items on the Statutory Agenda as recommended and as follows: A TABLED ITEM: Authorize City Manager to Negotiate a Contract for Design Services of the Allen Public Library Expansion. B Consider All Matters Incident and Related to the Issuance and Sale of Waterworks and Sewer System Revenue Refunding and Improvement Bonds, Series 1999, including the Adoption of an Ordinance Authorizing the Issuance of Such Bonds and the Adoption of a Resolution Providing for the Redemption of Certain Outstanding Bonds of the City Ordinance No. 1673-1-99: An Ordinance Authorizing the Issuance of "City of Allen, Texas, Waterworks and Sewer System Revenue Refunding and Improvement Bonds, Series 1999"; Pledging the Net Revenues of the City's Combined Waterworks and Sewer System to the Payment of the Principal of and Interest on Said Bonds; Enacting Provisions Incident and Related to the Issuance, Payment, Security and Delivery of Said Bonds, Including the Approval and Execution of a Paying Agent/Registrar Agreement, a Purchase Contract and a Special Escrow Agreement and the Approval and Distribution of an Official Statement Pertaining Thereto; and Providing an Effective Date. Resolution No. 16741-99 (R): A Resolution Providing for the Redemption of Certain Outstanding Bonds of the City; and Resolving Other Matters Incident and Related to the Redemption of Such Bonds. D Adopt a Resolution Renewing and Extending the Policy Statement for Tax Abatement Guidelines. Resolution No. 1672-1-99(R): A Resolution of the City Council of the City of Allen, Coffin County, Texas, Renewing and Extending the Policy Statement for Tax Abatement Guidelines. E Receive CIP (Capital Improvements Program) Status Report. ® The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 7, 1999 PAGE 4 TABLED ITEM: Consider the Recommendation of (Agenda Item VII) the Planning and Zoning Commission for Approval of a Planned Development District for Multi -Family Uses on 10.892± Acres of Land Located Northeast of SH 5 and Chaparral Road This item was not removed from the table. Public Hearing to Consider the Recommendations of (Agenda Item VIII) Planning and Zoning Commission for a Request for a Specific Use Permit for a Telecommunications Facility (Mono -Pole Tower) Located Southwest of Allentown Parkway as Requested by Southwestern Bell Planner Marcie Diamond reviewed the request for a Specific Use Permit for a Telecommunications facility on property zoned Light Industrial. The proposed facility will contain a 100 -foot monopole tower and an 11'x20' foot equipment enclosure with a masonry exterior The Planning and Zoning Commission recommended approval of the request with the condition that the facility be constructed in such a manner to allow and be made available for co -location of another provider as well as to provide for essentially a "no - build" zone for 50 -feet around the base of the monopole tower. Mr. Skip Ogle of Southwestern Bell Wireless reviewed the request. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. A tenant of Allentown Parkway questioned the removal of trees and the appearance of the tower With no one else speaking either for or against the request, Mayor Terrell closed the public hearing Council requested staff provide information regarding the development of a strategic plan for location of these facilities at a future date. MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council voted six (6) for and none (0) opposed to approve the confirm the recommendation of the Planning and Zoning Commission to place a Specific Use Permit for a Telecommunications facility subject to the site plan and conditions which shall be attached to and made a part of the ordinance. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 7, 1999 PAGE 5 Public Hearing to Consider the Recommendation of (Agenda Item IX) the Planning and Zoning Commission for a Zoning Request to Amend Planned Development No. 70 Being 64.09 Acres of Land Located at the Southwest Comer of Bethany Drive and FM 2551 for Reid Family Enterprises Planner Marcie Diamond advised Council the sign for this property was not posted ten days prior to the City Council public hearing as required by the Zoning Ordinance. Notification of the public hearing appeared in the Allen American in accordance with State law Council, therefore, has the option to waive the sign requirement or to reschedule the public hearing to January 21 Council elected to waive the sign requirement and proceed with the public hearing. Planner Marcie Diamond reviewed the request to amend Planned Development No. 70 to increase the acreage of both the single family and community facilities tracts and decrease the local retail tract This reduces the number of lots allowed from 162 to 160. The proponent requested this change due to an engineering study showing the recent zoning change to the property located to the north will affect the drainage upon his property The Planning and Zoning Commission recommended approval of the request subject to the following revisions to the Use and Area Regulations: D Proponent will work out the lake design with staff, 2) Wrought iron fencing will be adjacent to the lakes; and, 3) a minimum of 50 -percent of the streets adjacent to the open space be single loaded on one -side. Mr Ronald Haynes, Jr., reviewed the amendment request. Due to additional flow from the property to the north, a series of lakes have been designed to provide drainage control. A homeowner's association will be established to care for the lakes. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. A question was raised regarding the retail corner. At the present time, there are no plans for the retail corner With no one else speaking either for or against the request, Mayor Terrell closed the public hearing. Culverts will be used to carry water under the roads. Council requested 2.3 acres be included as high, dry open space. Park fee credit will be given to allow access from his subdivision to the park located to the south. The lakes will be supplemented with water if needed. MOTION: Upon a motion by Councilmember Fulk and a second by Councdmember Bardemay, the Council voted six (6) for and none (0) opposed to confirm the recommendation of the Planning and Zoning Commission to amend Planned Development No. 70 with the following ALLEN CITY COUNCIL REGULAR MEETING JANUARY 7, 1999 PAGE stipulations. 1) A minimum of 50 -percent of the lake/open space be bounded by single loaded streets, 2) Water shall be supplemented to the takes during the dry season, and, 3) In accordance with City Ordinance, open space shall be provided at a rate of one acre per each 75 units. The motion carried. Public Hearing to Consider the Recommendation of (Agenda Item X) the Planning and Zoning Commission to Amend Planned Development No. 71 for R-7 Uses on 13.74± Acres of Land Located on Suncreek Boulevard, South of McDermott Drive for Villa Custom Homes Planner Marcie Diamond reviewed the request to amend Planned Development No. 71 to allow for a reduction in the rear yard setbacks from the required 15 -feet to 10 -feet and to allow for the placement of garage doors on the front entry homes to face the street with a minimum setback of 20 -feet from the property line. The Planning and Zoning Commission recommended approval of the request in the reduction in the rear yard setback and approval of the placement of garage doors limited to a maximum of 30% of the lots. Mr. Richard Vlad reviewed the uniqueness of the varied entries. �j 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. The deed restrictions will require wood garage door replacement. The homeowner's association will enforce various requirements Council requested staff relax certain standards to enhance tree preservation especially in regard to sidewalk construction. The homeowner's association needs to be added to the request. MOTION: Upon a motion by Councilmember Gallagher and a second by Mayor Pro Tem Kerr, the Council voted six (6) for and none (0) opposed to confirm the recommendation of the Planning and Zoning Commission to amend Planned Development No. 71 with the following stipulations: 1) Prior to final plat approval, the property owner association documents and appropriate declaration of covenants and restrictions shall be submitted to the City for review and approval to assure the long tens maintenance of the open space areas, and, 2) the requirements for sidewalks adjacent to the hike and bike trail be waived. The motion carried Public Hearing to Consider the Recommendation of (Agenda Item XI) the Planning and Zoning Commission for an Amendment to Planned Development No. 55 for a Portion of Tract 4 to Permit Restaurant/Private Club and to Grant a Specific Use Permit on 1.4± Acres of Land for a Chili's Restaurant with Private Club 0 ALLEN CITY COUNCIL REGULAR MEETING JANUARY 7, 1999 PAGE 7 Planner Marcie Diamond reviewed the two requests included in the proposed amendment to Planned Development No. 55. The first request is to amend a portion of Tract 4 to allow for a restaurant with private club with a Specific Use Permit. The second request is to establish a Specific Use Permit to allow for the sale and service of alcoholic beverages within a Chili's restaurant. The Planning and Zoning Commission recommended approval of the requests as submitted. Ms Wendy Hunter reviewed the 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 else speaking either for or against the request, Mayor Terrell closed the public hearing. MOTION: Upon a motion by Councilmember Fulk and a second by Councihnember Bartlemay, the Council voted six (6) for and none (0) opposed to confirm the recommendation of the Planning and Zoning Commission to allow a Specific Use Permit for a restaurant with a private club within Tract 4 subject to site plan, floor plan and elevations being made part of the ordinance The motion carried. Other Business A. Governance Self -Evaluation. (10 minutes) B. Calendar C. Items of Interest (Agenda Item XII) • DRAFT Resolution for the City/AIIenISD Interlocal Cooperation Agreement for Joint Construction and Operation of a Natatorium City Manager Peter Vargas reviewed the correspondence and asked for Council direction regarding the draft resolution The two entities' staffs need a timeline for completion. Parks and Recreation Director Don Horton believes that it is possible to get a good contract that will be fair to both entities. Financial information needs to be presented to determine whether this is a viable project. A fixed cost also needs to be determined. Executive Session (Agenda Item XIII) 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 15 p in. on Thursday, January 7, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to: 4 I ALLEN CITY COUNCIL REGULAR MEETING JANUARY 7, 1999 PAGE 8 • Personnel - Sign Board Appointment • Property - Sale of 1.9 Acres of Land to Allen Economic Development Corporation (AEDC) for Restaurant Development The Executive Session adjourned at 10.50 p.m. on Thursday, January 7, 1999 Reconvene and Consider Action on Items Discussed (Agenda Item XIV) During Executive Session The Allen City Council reconvened into regular session at 10:51 p.m on Thursday, January 7, 1999, in the Council Chambers of the Allen Public Library MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Thomas, the Council voted six (6) for and none (0) opposed to opposed that nominations cease and that Jerry Higgins be appointed to Place No. 3 on the Sign Control Board. The motion carried. MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the Council voted six (6) for and none (0) opposed to authorize the City Manager to execute a contract for the sale of 1 9 acres of land to the Allen Economic Development Corporation in the Century Retail Addition. The motion carried Adjourn (Agenda Item XV) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Bardemay, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10 52 p in on Thursday, January 7, 1999 The motion carried These minutes approved on the 21st day of January, 1999 ATTEST: Juo Morri4dn, CMC, CITY SECRETARY APPROVED: Stephen Terrell, MAYOR