Min - 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.
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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.
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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