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HomeMy WebLinkAboutMin - City Council - 1999 - 07/15 - RegularALLEN CITY COUNCIL REGULAR MEETING JULY 15, 1999 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Bartlemay (absent) Kenneth Fulk (absent) Melissa Owen City Staff: Call to Order and Announce a Ouorwn is Present (Agenda Item I) With a quorum of the Councdmembers present, dinner and the pre -meeting workshop session of the Allen City Council was called to order by Mayor Terrell at 6:34 p.m. on Thursday, July 15, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Discuss Current Agenda (Agenda Item II) There was no discussion of the Current Agenda. (Agenda Item III) Masonic Cornerstone for the New City Hall Michael Hagood of the Allen Masonic Lodge explained this would be the first cornerstone, if allowed, to be set by the Allen lodge. Ron Hobbs Architects has indicated that the inclusion of the cornerstone would present no problems. Mr. Hagood proposed that the east side of the cornerstone display the date the stone was set by the Allen Masonic Lodge and the north side list the names of the Allen City Council EOnce the design for the cornerstone is completed, Council will officially approve the request. Peter H. Vargas, City Manager Judy Morrison, City Secretary Peter G. Smith, City Attorney DINNER AND PRE -MEETING WORKSHOP Call to Order and Announce a Ouorwn is Present (Agenda Item I) With a quorum of the Councdmembers present, dinner and the pre -meeting workshop session of the Allen City Council was called to order by Mayor Terrell at 6:34 p.m. on Thursday, July 15, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Discuss Current Agenda (Agenda Item II) There was no discussion of the Current Agenda. (Agenda Item III) Masonic Cornerstone for the New City Hall Michael Hagood of the Allen Masonic Lodge explained this would be the first cornerstone, if allowed, to be set by the Allen lodge. Ron Hobbs Architects has indicated that the inclusion of the cornerstone would present no problems. Mr. Hagood proposed that the east side of the cornerstone display the date the stone was set by the Allen Masonic Lodge and the north side list the names of the Allen City Council EOnce the design for the cornerstone is completed, Council will officially approve the request. 11 I ALLEN CITY COUNCIL REGULAR MEETING JULY 15, 1999 PAGE 2 (Agenda Item IV) Presentation Regarding New Urbanism (Neo -Traditional Design) William Gietama, Jr., Founder of Arcadia Realty Corporation, reviewed the impact of retail development on the residential community Retail sales at internet sites and discount stores is at an all-time high. Internet sales do not provide the opportunity for retailers to form relationships with people, however. New urbanism is about high touch, not high tech, with the focus on human needs for community and the creation of a diversity of public spaces. The use of multiple uses and convertible spaces is ideal. New urban main streets offer retail, office, senior living areas and recreational pedestrian areas in the same area. He reviewed architectural requirements, parking and mixed uses. Civic buildings are the heart of the community It is necessary to have 24-hour facilities and "one-stop" date nights He looked at demographic statistics. Approximately 45 acres is needed to make new urbanism work with there being no maximum acreage. Failed retail comers need to be redeveloped into mixed used corners. REGULAR MEETING With a quorum of the Councilmembers present, the regular session of the Allen City Council convened by Mayor Terrell at 7 37 p in. on Thursday, July 15, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Public Recoimition (Agenda Item V) • Citizens' Comments There were no Citizens' Comments. Consent Aeenda (Agenda Item VI) MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Gallagher, the Council voted five (5) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approve Minutes of the July 1, 1999, Regular Meeting. B. Set August 17, 1999, as the Public Hearing Date Regarding the City Budget. C Set August 24, 1999, as the Public Hearing Date Regarding the Fiscal Year 1999-2000 City Tax Rate. The motion carried ALLEN CITY COUNCIL REGULAR MEETING JULY 15, 1999 PAGE 3 Statutory Agenda (Agenda Item VII) MOTION: Upon a motion made by Mayor Pro Tem Kerr, the Council removed the following nem from the Statutory Agenda: A. Consider all Matters Incident and Related to the Issuance and Sale of $13.340,000 General Obligation Bonds, Series 1999, Including the Receipt of Bids Therefor and the Adoption of an Ordinance Authorizing the Issuance of Such Bonds. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the Council voted five (5) for and none (0) opposed to approve and adopt all remaining items on the Statutory Agenda as recommended and as follows: B Adopt an Ordinance Amending Chapter 9, Article V, Division 2, Section 9-137(10) of the Code of Ordinances Changing the School Zone Boundary for Norton Elementary School. Ordinance No. 1743-7-99: An Ordinance of the City Council of the City of Allen, Coffin County, Texas, Amending the Code of Ordinances, by Amending Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-137(10), Designating Certain Portions of Seeport Drive, Bel Air Drive, Irvine Drive, Newport Drive and Riverside Court as School Zones for Norton Elementary School with a Maximum Prima Facie Speed Limit of Twenty (20) Miles Per Hour for Motor Vehicles; Providing a Repeating Clause; Providing a Savings Clause; Providing a Severability Clause; Providing for a Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars ($200) for Each Offense; and Providing for an Effective Date. C. Adopt an Ordinance Accepting the Recommendation from the Cable TV & Telecommunications Advisory Committee Setting Certain Maximum Permitted Rates for TCI's Cable Television Services and Equipment. Ordinance No. 17447-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Establishing Maximum Rates that TCI Cablevision of the Metroplex, Inc., may Charge Its Allen Cable Television Subscribers for Programming Costs, Equipment and Installation; for Ordering Refunds; Providing a Severability Clause; Providing a Repealing Clause; Providing a Penalty of Fine not to Exceed the Sum of Five Hundred Dollars ($500) for Each Offense; and Providing for an Effective Date. D. Adopt a Resolution Authorizing a Transfer of Cable TV Franchise Rights from Communication Services, Inc., d(b/a Telecommunications, Inc., to AT&T Corporation. Resolution No. 1745-7-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Expressing Consent to the Transfer and Change of Control of the Cable Communications Franchise with TCI Cablevision of North Texas, Inc.; and Providing an Effective Date. �^ ALLEN CITY COUNCIL REGULAR MEETING JULY 15, 1999 PAGE Adopt a Resolution Establishing Filing Fees and Charges for Applications Filed with the Planning and Zoning Commission, Board of Adjustment and City Staff for Zoning Amendments or Changes, Appeals, Variances or Temporary Use Permits. Resolution No. 17467-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Establishing Filing Fees and Charges for Applications Filed with the Planning and Zoning Commission, Board of Adjustment, and City Staff for Zoning Amendments or Changes, Appeals, Variances, or Temporary Use Permits; and Providing an Effective Date. Authorize Execution of a Contract with First Southwest Company to Perform Arbitrage Rebate Computation Services Council authorized the City Manager to execute a contract with First Southwest Company to perform arbitrage rebate computations for the City of Allen on an annual basis at the close of each fiscal year for a period of five years. Costs of the initial calculations will be $37,206 paid from bond proceeds. The annual fee for updating calculations will be $15,500 for bonds issued prior to September 30, 1998 G Authorize Execution of a Contract on behalf of Allen Community Development Corporation with Clark Condon Associates for Design Services for Phase 1-B of Allen Station Park Council authorized the City Manager to execute a contract on behalf of Allen Community Development Corporation with Clark Condon Associates for design services related to Allen Station Park, Phase I -B, for an amount of $98,300. H. Receive CIP (Capital Improvements Program) Status Report The motion carried. A. Consider all Matters Incident and Related to the Issuance and Sale of $13,340,000 General Obligation Bonds, Series 1999, Including the Receipt of Bids Therefor and the Adoption of an Ordinance Authorizing the Issuance of Such Bonds. Council requested a list of the individual projects for the sale of the bonds be provided for this bond sale and in the future. Ordinance No. 1742-7-99: An Ordinance Authorizing the Issuance of "City of Allen, Texas, General Obligation Bonds, Series 1999" Specifying the Terms and Features of Said Bonds; Levying a Continuing Direct Annual Ad Valorem Tax for the Payment of Said Bonds; and Resolving Other Matters Incident and Related to the Issuance, Sale, Payment and Delivery of Said Bonds, Including the Approval and Execution of a Paying Agent/Registrar Agreement and the Approval and Distribution of an Official Statement; and Providing an Effective Date. ALLEN CITY COUNCIL REGULAR MEETING JULY 15, 1999 PAGE 5 MOTION: Upon a motion made by Counclmember Owen and a second by Councdmember Gallagher, the Council voted five (5) for and none (0) opposed to accept the bid of Salomon Smith Barney and Associates for the purchase of the $13,340,000 "City of Allen, Texas, General Obligation Bonds, Series 1999" at an effective interest rate of 5 150071% and to approve and adopt Ordinance No 1742-7-99 as previously captioned and recommended. The motion carried Conduct a Public Hearing and Consider the Adoption of an (Agenda Item VIII) Ordinance for an Amendment to Tract 1 of Planned Development No. 54 on 31.249 Acres of Land Located at the Northwest Comer of Exchange Parkway and US 75 as Requested by Dunaway Associates on behalf of the Owner, Dal Briar Corporation (Wal- Mart Supercenter) Planner Marcie Diamond reviewed the request to amend the Development Regulations for Tract 1 of Planned Development No 54 to allow for the construction of a Wal-Mart Supercenter with ancillary uses. The following uses are being requested for amendment: 1) auto part sales, indoor with service bays; 2) department or discount stores with auto service bays; 3) food stores greater than 5,000 square feet; 4) outside display and sales of seasonal items; and 5) tires, batteries and accessories with service bays. The Planning and Zoning Commtsston recommended approval of the request subject to the revised elevations and the revised landscape plan which dispersed the trees throughout the parking lot, and a clarification of the location of the deceleration land on US 75. Tom Galbreath of Dunaway Associates reviewed the concept plan for the Wal-Mart Supercenter. The facility will utilize compactors for both the grocery and dry goods areas. He also reviewed the electrical transmission Imes which will remain in the same location and the rerouting of the creek and planting of the trees and shmbs with a screening wall. He asked for a 30 foot relief on the 100 foot setback on lots 3 and 4. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Marsha Wagner expressed concern with the upkeep of Wal-Mart such as dirty parking lots and stores. She also expressed concern regarding Wal -Mart's future business plans within Allen since they had closed up shop here once. With no one else speaking either for or against the request, Mayor Terrell closed the public hearing Council expressed concern regarding the outdoor seasonal display, light pole coloring, appearance of the building, Planned Development No. 54 Master Plan and Wal -Mart's philosophy of community involvement. The proponent agreed to the use of an earth tone coloring for the light poles To ensure the upkeep of landscaping, the proponent suggested the City meet with the store manager to review each other's responsibilities regarding this function. The consultant pledged to inform Wal-Mart of Council's concerns on ALLEN CITY COUNCIL REGULAR MEETING JULY 15, 1999 PAGE 6 these issues In addition, Wal-Mart will provide an outline of their intentions on community involvement with local charities and schools. Ordinance No. 1747-7-99: 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 One of Planned Development No. 54, Ordinance No. 1172-5-93, for 37.0783 Acres in the L.K. Pegues Survey, Abstract No 702 and John Fyke Survey, Abstract No. 325, City of Allen, Collin County, Texas, and Being Further Described in Exhibit "M" Attached Hereto; Providing for Development Regulations, Concept Plan, Landscape Plan, and Elevations Attached Hereto as Exhibits "N," "O," "P," and "Q," Respectively; Providing a Repealing Clause; Providing a Severability Clause; Providing a Savings Clause; Providing for a Penalty of Fine Not to Exceed the Smn of Two Thousand Dollars ($2,000) for Each Offense; and Providing for an Effective Date. MOTION: Upon a motion made by Counmlmember Gallagher and a second by Councilmember Owen, the Council voted three (3) for and two (2) opposed with Mayor Pro Tem Kerr and Councilmember Thomas casting the negative votes, to approve and adopt Ordinance No 1747-7-99 as previously captioned with the following amendments to the Corridor Commercial District Regulations, Development Regulations 1) Item 4, "No outdoor display or sales of merchandise shall be allowed"; 2) Item 5(a). "Exterior lighting fixtures and light poles shall be earth tone in color and shall be of harmonious design with all buildings"; 3) Add Item 11, "All parking surfaces shall be of concrete construction in accordance with City Standards", and 4) "Detailed exterior elevations and site plan renderings shall be approved by Council." The motion carried. Councilmember Thomas stated that he voted against the zoning request because he felt Council had not fully examined the impact upon the community in removing the "entertainment" zoning on this property Other Business (Agenda Item IX) A Governance Self -Evaluation B Calendar • Summer Sounds Concert Series - Hillside Amphitheater/7:30 p.m. to 9:30 p.m. ***July 19; 26 and August 2; 9*** • July 24 - Special Called Workshop Regarding Large Lots/Cost of Development at 8 00 a in in the Council Chambers July 26 and 27 - Board/Commission Applicant Interviews August 13 thou 15 - Budget Workshop • August 17 - Public Hearing on Budget at 7'00 p.m ALLEN CITY COUNCIL REGULAR MEETING JULY 15, 1999 PAGE 7 • August 24 - Public Hearing on Tax Rate at 7:00 p.m. • December 1 - Board/Commission Appreciation Dinner • December 10 - Employee Holiday Awards Dinner C. Items of Interest There were no items of interest. (Agenda Item X) The Executive Session was not held. Reconvene and Consider Action on Items Discussed During (Agenda Item XI) Executive Session No action was taken since the Executive Session was not held. Adjourn (Agenda Item XII) MOTION: Upon a motion made by Councdmember Owen and a second by Councdmember Gallagher, the Council voted five (5) for and none (0) opposed to adjourn the regular session of the Allen City Council at 942 p.m. on Thursday, July 15, 1999 The motion carried These minutes approved on the 5th day of August, 1999 APPROVED:�MA�/, � " Stephen Terrell, MAYOR ATTEST: J y Mo on, CMC, CITY SECRETARY