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Min - City Council - 1983 - 04/21 - RegularA L ALLEN CITY COUNCIL REGULAR SESSION APRIL 21, 1983 Present• Mickey Pierson, Mayor Council Members• Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Don Rodenbaugh Ward Paxton Dennis Offutt City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary Executive Session In accordance with Article 6252-17 (Open Meetings Law), V.A.T.C.S., Sections 2(f) and 2(g), the Allen City Council con- vened into Executive Session at 7:00 p.m. in the Conference Room of the Allen Municipal Annex, 1 Butler Circle, on Thursday, April 21, 1983, to discuss matters pertaining to personnel and property. The Executive Session was adjourned at 7:29 p.m. The regular session of the Allen City Council was called to order by Mayor Pierson at 7:32 p.m. on Thursday, April 21, 1983, in the Council Chambers of the Allen Municipal Annex, 1 Butler Circle. Plaque -of -Appreciation to Councilman H. R. Daugherty Mayor Pierson presented a plaque -of -appreciation to out- going Councilman H. R. Daugherty, Place No. 3, for his dedicated service to the City of Allen for the period of April, 1978 to April, 1983. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of April 7, 1983 City Council Minutes - Regular Session B. Authorization to city staff to pay bills associated with the 1979 - 1982 Captial Improvements Program as follows: 1. Waller -Spears, Inc. $ 10,787.40 Contract No. FS 8023 - Construction of Service Center/City Hall Annex - Payment No. 11 2. Austin Paving Company $ 72,349.15 Contract No. 800705R - Construction of Bethany Road, Pebblebrook Drive and Butler Drive - Payment No. 16 - Final Payment ALLEN CITY COUNCIL April 21, 1983 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 3. Lone Star Fence $ 4,740.00 Hillside Park Softball Fields Improvement - Fencing for back- stops 4. Barton Graphics, Inc. $ 973.61 Contract No. FS 8023 - Con- 59.26 struction of Service Center/ City Hall Annex - Graphics for Interior of Building 5. Turner Duncan & Associates $ 1,035.00 Contract No. FS 8023 - Con- struction of Service Center/ City Hall Annex - Furniture Specifications and Development of Bid Package The motion carried. End of Consent Agenda Appointment to Fill Unexpired Term as Alternate No. 2 on the Zoning Board of Adjustment (Agenda Item III) Mayor Pierson opened the floor for nominations to fill the unexpired term of office for Alternate No. 2 on the Zoning Board of Adjustment, created by the resignation of Rex Womack. Councilman McClure nominated George Chrisman. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Offutt, the Council voted 7 - 0 that George Chrisman be appointed to Alternate No. 2 on the Zoning Board of Adjustment by acclamation. The motion carried. Mayor Pierson advised that George Chrisman had been appointed to fill the unexpired term of office for Alternate No. 2 on the Zoning Board of Adjustment, with his term of office to expire in September of 1984. Resolution No. 435-4-83(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Expressing Support for the Propositions Included in the Collin County Bond Program to be Placed Before the Voters of Collin County on May 7, 1983. (Agenda Item IV) Mayor Pierson advised of the organization of the Progress and Evaluation Committee that determined that a bond program was needed for Collin County and the proposed projects for that bond program; the request from the Commissioners' Court for the city's support of the bond program; and the proposed resolution showing that support. City Manager McCarty advised the Council that the proposed resolution had been prepared for the Council's review expressing the support for the propositions included in the Collin County Bond Program to be placed before the voters on May 7, 1983. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to adopt Resolution No. 435-4-83(R) as captioned above. The motion carried. ALLEN CITY COUNCIL April 21, 1983 Page 3 Approval of Recommendations from the Planning & Zoning Commission Concerning a Central Business Zoning District (Agenda Item V) Councilman Don Rodenbaugh advised the Council of his meeting with the Planning and Zoning Commission on April 14, 1983 regarding the work to be done to establish a central business zoning district. The Planning and Zoning Commission had recommended, at their regular meeting of March 24, 1983, the approval of the "statement of need" and the general procedure to establish a central business zoning district. The general procedure included the establishing of a base committee, which is comprised of two representatives of the City Council and two representatives of the Planning and Zoning Commission, which would in turn select residents to serve on central business zoning district subcommittees that would serve as study groups. Mr. Rodenbaugh advised that after their discussions on these recommendations, and the feedback from the City Council from their last meeting, they all determined that the planning of a central business zoning district should be broken down into two phases. The first phase would include the committee composed of the two Planning and Zoning Commission members and the two Council members. This committee would (1) establish perimeters for the central business district, (2) determine the use regulations for the central business district and, (3) determine allowable uses under the specific use permit schedule for the central business district. Phase II of the work of the Central Business District Committee would be to develop a design for the ultimate central business district zone for consideration by the Planning and Zoning Commission and the City Council. Mayor Pierson advised the Council of his meeting with the Main Street Study Committee at their regular meeting of April 12, 1983, and his review with the committee on the needs to establish a central business zoning district and his discussions with them for expanding the scope of their studies to include the feasibility for off-street parking in that area. Mr. Rodenbaugh advised the Council of the appointment of the base committee, being two representatives of the Council and two representatives of the Planning and Zoning Commission. Mr. Rodenbaugh then explained how the base committee would function and made appointments to the subcommittees that would serve as study groups on various aspects of the central business zoning district. All of the subcommittees' work would be compiled by the base committee and recommendations would be made by the base com- mittee to the Planning and Zoning Commission and the City Council. The Council briefly discussed the time duration for the first phase, the appointment of the base committee and how they are to function, and maintaining the representatives from Council to serve. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 7 - 0 to approve the procedures for the establishing of a central business zoning district, in accordance with the recommendations of the Planning & Zoning Commission; and the appointment of Councilman Don Rodenbaugh and Mayor Pro Tem Joe Farmer as the Council's representatives to serve on the base committee. The motion carried. ALLEN CITY COUNCIL April 21, 1983 Page 4 Award of Bid on Modular Office Furniture for Allen Municipal (Agenda Item VI) Ernie Hoback, Director of Public Works, presented to and spoke before the Council on the receipt of bids and the tabu- lations of the bids for the modular office furniture for the new Allen Municipal Annex. Mr. Hoback presented to the Council the proposed layout of the modular office furniture and a brochure showing the type of modular office furniture proposed. Mr. Hoback provided back- ground information on the budget approval and the authorization to seek bids and explained the placement of the modular units and the construction of the units. Mr. Hoback reviewed with the Council the bid tabulation sheet showing the three bids received and advised that the low bid had come in under the proposed budget. Mr. Hoback advised that it was the city staff's recommendation that the bid be awarded to the low bidder, being Wilhide, Inc., to include the secretarial chairs and task lighting alternates, in the amount of $15,663.50. The Council discussed with city staff the interior design of the overhead storage units; the difference in the alternate bid between Wilhide and MBI, Inc.; and the difference in the receptionist units that were bid. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 7 - 0 to award the bid to Wilhide, Inc., in the amount of $15,663.50, to include the alternates of the secretarial chairs and task lighting, in accordance with the city staff's recom- mendations. The motion carried. Mayor Pierson advised the Council that due to the fact that the modular furniture bid had been under budget, including the consultant fee, there existed a remainder of funds in the amount of approximately $4,100. Mayor Pierson recommended to the City Council that this remainder of funds be used by the city staff to purchase a re- frigerator and microwave oven, tables and chairs for the lunchroom/training room in the new facilities. The City Council briefly discussed the use of the excess funds and recommended that the city staff review the needs of the new facility and decide on the priorities for expenditure of the excess funds. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Offutt, the Council voted 7 - 0 to recom- mend that the balance of the budget funds for interior furnishings be used by the city staff to further enchance the new Allen Municipal Annex facility according to the city staff's recommendations. The motion carried. Mayor Pierson recessed the regular session of the Allen City Council at 8:10 p.m. The meeting reconvened at 8:25 p.m. ALLEN CITY COUNCIL April 21, 1983 Page 5 Logo Committee Report (Agenda Item VII) City Manager Jon McCarty provided information on the establishing of the logo committee, members of the logo committee, and their work of determining the criteria, deadlines, and adver- tising for the submission of logo designs for the City of Allen. Mr. McCarty also provided information on the research by the committee on the history behind the existing emblem used by the city and numerous other businesses and organizations in the city. Mr. McCarty presented to the City Council some of the logo designs submitted by the 13 interested individuals and advised that 27 designs had been received for review by the logo committee. City Manager McCarty then presented the design selected by the logo committee which was created by Bonnie Garritson. The design was symbolistic of the State of Texas flag, with the star resembling an "A", with two large red striped sections on the right side and with the City of Allen written at the bottom. There was considerable discussion among the City Council on the input received to maintain the use of the existing emblem, not making a decision on a logo until the community has seen the new proposed logo design, the use of the existing emblem by various organizations and businesses, and showinq the two designs in the city's newsletter and receiving input on the preferred design. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Offutt, the Council voted six (6) for and one (1) opposed, with Councilman Paxton casting the negative vote, to place the new proposed logo design and the existing emblem in the city's newsletter, "municipal Messenger", with input on the desired design to be directed to the City Council, and the determination of a logo design to be determined by the City Council at their regular meeting to be held on June 16, 1983. The motion carried. Authorize Financing for West Side Utilities to Serve Manufacturers' Outlet Mall Development (Agenda Item VIII) City Manager Jon McCarty spoke before the Council on the financing of the west side water and sewer lines to be constructed by Belz Investment Company, Inc., to service their proposed deve- lopment of the Manufacturers' Outlet Mall, located at the inter- section of S.H. 121 and U. S. 75. Mr. McCarty advised the Council that a letter had been received from Belz Investment Company, Inc., proposing that a loan would be secured from Westinghouse Credit Corporation to finance the construction of the west side utilities and Belz had requested that the Allen City Council concur with the terms of this proposed loan agreement. There was considerable discussion by the City Council on the need to establish a ceiling if a floor had been established, the city not being involved in the financing by a developer, the city not having to pay carry over charges if the loan is not paid back in the six year timeframe, and the city not agreeing to an open ended agreement on financing of this project. Mayor Pro Tem Farmer presented for the Council's review the agreement entered into between the City of Allen and Belz Invest- ment Company, Inc., on February 14, 1983 regarding this development and the payback by the city for the utilities. ALLEN CITY COUNCIL April 21, 1983 Authorize Financing for West Side Utilities to Serve Manufacturers' Outlet Mall Development (continued) Page 6 (Agenda Item VIII) The Council continued discussion on maintaining a timeframe of six years for payback of the loan and re -emphasis on the fact r that the city did not want to pay the additional carry after the v six year period, the fact that the city did not have a firm figure to work with on this proposed loan, the city using the sales tax revenues and pro rata agreement to pay the developer for the utilities, and the 12'h8 interest rate for the first three years of this loan. Mayor Pierson read from the agreement the facts regarding the city's payment to the developer for the utilities and the way it was to be done. The Council continued discussion on the financial proposal and emphasized the fact that these utilities cannot be used as collateral by Belz Investment Company, Inc., as indicated in the letter from their financial officer. It was the consensus of the City Council that the City Manager convey the discussions by the City Council to Selz Investment Company, Inc. This item was received as a matter of information. There was no action taken on this item. Resolution No. 436-4-83(R): A Resolution of the City council of the City of Allen, Collin County, Texas, Authorizing an Adjustment to the 1982 Tax Roll and a Refund Issued for Overpayment of 1982 Taxes. (Agenda Item IX) Mayor Pierson advised the Council of the proposed resolution authorizing an adjustment to the 1982 tax roll. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adopt Resolution No. 436-4-83(R) as captioned above. The motion carried. Mayor Pierson recessed the regular session of the Allen City Council at 10:01 p.m. The meeting reconvened at 10:12 p.m. Quarterly Financial Statements (Agenda Item X -A) Linda Midtling, Finance Director, presented to and spoke before the City Council on the quarterly financial statements for the City of Allen for the period ending March 31, 1983. Ms. Midtling reviewed each of the statements with the City Council as follows: Income Statements of General & Utility Funds Income Statement for Utility Fund Divided into Separate Entities Revenues Departmental Expenditures Departmental Expenditures Compared to Budget Total Budget Percentages by Department Percentage to Fund Budget by Revenue Category Percentages to Total Budget by Expenditure Categories Financial Leverage Analysis The first four statements were provided with comparisons of the same figures shown for the same quarter in 1982. L ALLEN CITY COUNCIL April 21, 1983 Page 7 Quarterly Financial Statements (cont'd) (Agenda Item X -A) The City Council discussed with Ms. Midtling the figures shown for ambulance fee collections and a need to clarify those figures since the fee had been raised in October, the need to provide information showing the depreciation for captial outlay of equipment, a request to provide a chart showing bond coverage ratio on a monthly basis for the water and sewer funds, and also providing information showing percentages of revenues received as compared to budget and compared to figures from last year. This item was received as a matter of information. There was no action taken on this item. Acceptance of the Annual Audit for Fiscal Year October 1, 1981 thru September 30, 1982 as pre- pared by Ross & Kerby Inc. (Agenda Item X -B) Linda Midtling, Finance Director, presented to and spoke before the Council on the Annual Audit for the fiscal year October 1, 1981 thru September 30, 1982 as prepared by Ross and Kerby, Inc. Ms. Midtling reviewed each page of the audit report and answered questions posed by the City Council. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to accept the Annual Audit for the fiscal year October 1, 1981 thru September 30, 1982 as prepared by Ross and Kerby, Inc. The motion carried. Designation of Official NCTCOG Voting Representative (Agenda Item XI -A) Mayor Pierson advised the Council that it was time again to appoint a voting representative to the North Central Texas Council of Governments. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 7 - 0 to reappoint Mayor Pierson as the voting representative to NCTCOG. The motion carried. Committee of the Future Report from NCTCOG (Agenda Item XI -B) City Manager Jon McCarty advised the Council of the work done by the Committee of Future for the North Central Texas Council of Governments and the proposed plans for the future. This item was received as a matter of information. There was no action taken on this item. The Council briefly discussed input to the State Legislature on the proposed bills coming before them during this session and city staff advised that they would be bringing forth a report on this at the next Council meeting. Councilman Womack requested that TML be notified of his election to the City Council in order to receive copies of the proposed bills in the legislature. F% ALLEN CITY COUNCIL April 21, 1983 Page 8 Police Report - March, 1983 & Quarterly Report for 1st Quarter (Agenda Item XII -A) Police Chief Richard Carroll presented and spoke before the Council on the Consolidated Summary of Activities for the Allen Police Department for the Month of March, 1983 and also provided a quarterly report for the lst quarter of 1983 with a comparison to the 1st quarter for 1982. The Council briefly discussed various aspects of the report with Chief Carroll. This item was received as a matter of information. There was no action taken on this item. Report of Council Actions Required to Accommodate Scheduling for the Council Chambers for the Parks & Recreation Board Meetings (Agenda Item XII -B) City Manager Jon McCarty advised the Council of the scheduling of all city's boards and commissions' meetings to be held in the new Council Chambers and the conflict arising on the meeting night for the Parks and Recreation Board and the Planning and Zoning Commission. Mr. McCarty advised that there would be brought forth a recommendation to change the meeting night of the Parks and Recreation Board in order that they can also meet at the new facilities. This action needs to be taken in order that the ordinance establishing their meeting night can be amended. l This item was received as a matter of information. There was no action taken on this item. Adjournment MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council into Executive Session at 11:31 p.m. The motion carried. Executive Session In accordance with Article 6252-17 (Open Meetings Law), V.A.T.C.S., Sections 2(f) and 2(g), the Allen City Council convened into Executive Session at 11:35 p.m. to discuss matters pertaining to personnel and property. The Executive Session was adjourned at 1:05 a.m. on Friday, April 22, 1983. These minutes approved on the 5th day of May 1983. M. B. Pierson, MAYOR Marty Hendrix, CITY SECRETARY