Min - City Council - 1983 - 12/15 - RegularALLEN CITY COUNCIL
REGULAR SESSION
December 15. 1983
Present•
Mickey Pierson, Mayor
Council Members•
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Don Rodenbaugh
Dennis Offutt
Absent:
Ward Paxton
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was called
to order by Mayor Pierson at 7:35 p.m. on Thursday, December 15,
1983, in the Council Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item II)
At the request of Councilman Womack, Consent Agenda Item "D"
was removed for individual consideration.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 6 - 0 to approve
and adopt all remaining items on the Consent Agenda as
recommended and as follows:
A. Approval of the City Council Minutes of
December 1, 1983 - Regular Session
B. Authorization to City Staff to pay bills associated
with the 1979 - 82 Capital Improvements Program
as follows:
1. Marquette Lease Services, Inc. $765.75
Contract No. 13216 - Lease/
Purchase of Telephone System
for Allen Municipal Annex -
December 1983
2. Communications Corporation of $178.02
�v America
Contract No. 13216 - Lease/
Purchase of Telephone System
for Allen Municipal Annex -
Add/Install 1 12' handset
and cord
C. Set January 5, 1984 as the Public Hearing Date on
a Request by Allen National Bank to Amend an
Approved Site Plan on 1.5 Acres Located at the
Northeast Corner of Ridgemont Drive and State
Highway 5.
ALLEN CITY COUNCIL
December 15, 1983
Page 2
CONSENT AGENDA (cont'd) (Agenda Item II)
E. Consolidated Summary of Activities for November
1983 for the Allen Police Department
Schedule of Taxes Receivable as of November 30,
1983
The motion carried.
End of Consent Agenda
Approve an Ordinance Renaming
a Portion of Ridgemont Drive (Consent Agenda
to Texet Drive Item II -D)
Councilman Womack advised the Council that he had requested
that this item be removed from the Consent Agenda for individual
consideration due to the fact that he was still opposed to
renaming of existing streets in Allen to other names.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Rodenbaugh, the Council voted three (3)
in favor of and three (3) opposed, with Council Members
Womack, McClure and Offutt casting the negative votes,
to adopt this proposed ordinance. The motion failed
due to the tie vote.
Mayor Pierson advised that this item would be placed on the
City Council Agenda for the next regular meeting to be held on
Thursday, January 5, 1984, for consideration.
Resolution No. 480-12-83(R): (Agenda Item III)
A Resolution Approving Issuance by
City of Allen Industrial Development
Corporation of an Issue of City of
Allen Industrial Development Corpo-
ration Industrial Development
Revenue Bonds (EPCOR Project) Series
1983A; Approving the Resolution of
the Issuer Authorizing the Bonds,
the Issuance of the Bonds Authorized
Thereby and the Plan of Financing
Approved Thereby and the Bond
Documents
Christine Youngs, with Hutchison Price Boyle & Brooks the
bond attorneys for the Allen Industrial Development Corporation,
spoke before the Council regarding the proposed resolution which
would approve the issuance of an additional $1.3 million in
industrial development bonds for the Texet Corporation for
building enhancements and equipment.
Ms. Youngs explained to the Council the new legislation
pending before the U.S. Congress that would put a cap or limit
on the number of industrial revenue bonds (IRB's) that could be
issued within any year in each state and the fact that the
Governor would be put in a position of deciding which IRS's
would be approved and which would not be approved. Thus, the
Texet Corporation is trying to get approval of this request
before the effective date of the proposed legislation.
Ms. Youngs
also explained that a
public hearing must be
held before the
issuance can be made,
therefore, the resolution
also authorized
the public hearing
the execution of the
is held. The public
papers by the Mayor after
hearing is scheduled for
Friday, December
23, 1983.
Ms. Youngs explained to the Council the new legislation
pending before the U.S. Congress that would put a cap or limit
on the number of industrial revenue bonds (IRB's) that could be
issued within any year in each state and the fact that the
Governor would be put in a position of deciding which IRS's
would be approved and which would not be approved. Thus, the
Texet Corporation is trying to get approval of this request
before the effective date of the proposed legislation.
ALLEN CITY COUNCIL
December 15, 1983
Page 3
Resolution No. 480-12-83(R):
A Resolution Approving Issuance
of City of Allen Industrial Development
Corporation Revenue Bonds (cont'd) (Agenda Item III)
There was considerable discussion on the new proposed
legislation and the approving of this issuance of these bonds
before the public hearing is held before the Allen Industrial
Development Corporation.
John Boyle, with Hutchison Price Boyle & Brooks, spoke
before the Council on the procedures they are following in this
instance and confirmed that they are meeting all of the State
law requirements.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 6 - 0 to approve
and adopt Resolution No. 480-12-83(R) as captioned above.
The motion carried.
Ordinance No. 481-12-83: (Agenda Item IV)
An Ordinance of the City of Allen,
Collin County, Texas, Amending Comprehensive
Zoning Ordinance No. 366-10-81 of the City
of Allen, as Heretofore Amended, so as to
Establish Permanent Zoning, To -Wit: "PD"
Planned Development No. 17, on a Total of
179 Acres of Land, More or Less, out of the
W.J. Jackson Survey, Abstract No. 484, and
the William Perrin Survey, Abstract No. 708,
Collin County, Texas, which is Presently
Delineated on the Official Zoning Map as
"AO" Agricultural Open Space; Providing for
Use Regulations; Providing for a 58 Open
Space Requirement; Providing for Dedication
of Land to the City of Allen; Providing for
a Penalty for Each Offense; Providing for a
Severability Clause; and Providing for an
Effective Date.
Mayor Pierson advised the Council of the holding of the
public hearing on this request and the action taken by the
Council at that time. Based upon that action, the proposed
ordinance for the planned development had been prepared.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted 6 - 0 to
approve and adopt Ordinance No. 481-12-83 as captioned
above. The motion carried.
Ordinance No. 482-12-83: (Agenda Item V)
An Ordinance of the City of Allen,
Texas, Amending Article VI, Division 2,
"Speed Regulations", Section 1-40,
"Streets Other Than Expressways and
Freeways", of the Allen Vehicle and
Traffic Code, Ordinance 259 of the
City of Allen, Texas; Altering Prima
Facie Speed Limits Established for
Vehicles Under the Provisions of
Section 169(b) of Article 6701d,
Vernon's Texas Civil Statutes, Upon
State Highway No. 5 or Parts Thereof,
Within the Incorporate Limits of the
City of Allen, as set out in this
Ordinance; Altering Established Zones;
Providing Penalty Clauses, Severability
Clauses and an Effective Date.
ALLEN CITY COUNCIL
December 15. 1983
Page 4
Ordinance No. 482-12-83: (Agenda Item V)
An Ordinance of the City of Allen,
Texas, Amending Article VI, Division 2,
"Speed Regulations" (cont'd)
City Manager Jon McCarty spoke before the Council on the
proposed ordinance which would alter the speed limits on State
Highway 5 from the south city limits to Exchange Parkway.
Police Chief Richard Carroll presented to the Council a
drawing showing the existing speed limits along State Highway 5
from the south city limits to Exchange Parkway and the new
proposed speed limits.
The City Council briefly discussed the proposed speed
limits and the need for the traffic signal at Bethany Road and
State Highway 5.
The City Secretary Marty Hendrix read the ordinance caption
into the record as shown on the previous page.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Rodenbaugh, the Council voted 6 - 0 to
approve and adopt Ordinance No. 482-12-83 as captioned
previously. The motion carried.
Resolution No. 483-12-83(R): (Agenda Item VI)
A Resolution of the City Council,
City of Allen, Collin County, Texas,
Authorizing the Mayor to Execute an
Agreement Between the City of Allen
and the State Department of Highways
and Public Transportation Regarding
the Installation, Operation, and
Maintenance of a Traffic Signal
Within the City of Allen.
City Manager Jon McCarty advised the Council of the letter
from the State Department of Highways and Public Transportation
and the proposed resolution to execute the agreement to initiate
the installation of the traffic signal at State Highway 5 and
Bethany Drive.
Mr. McCarty advised the Council of the construction of the
traffic signal and the turning lanes and traffic flow at this
intersection, and the timeframe for construction.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman Offutt, the Council voted 6 - 0 to
approve and adopt Resolution No. 483-12-83(R), as
captioned above. The motion carried.
Statement of Contributions and
Expenditures for Office Holders (Agenda Item VII -A)
City Secretary Marty Hendrix reminded the Council Members
of the State Election Law requirements requiring the filing of
the Statement of Contributions and Expenditures by January 15,
1984 for all unreported contributions and expenditures to date.
This item was received as a matter of information. There
was no action taken on this item.
ALLEN CITY COUNCIL
December 15, 1983
Page 5
Ruling on Acceptance
of Gifts (Agenda Item VII -B)
City Manager Jon McCarty advised the City Council of the
recent ruling on the acceptance of gifts by city employees and
provided a copy of that ruling for their review.
Mr. McCarty also read Section 36.08 and Section 36.10 of
the Penal Code which are referenced in the ruling, and advised
of the action he had taken with the city employees.
The Council briefly discussed the ruling with the city
staff and how it affects the Council and city employees.
This item was received as a matter of information. There
was no action taken on this item.
Adjournment
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Womack, the Council voted 6 - 0 to
adjourn the regular session of the Allen City Council
at 8:35 p.m. on Thursday, December 15, 1983. The
motion carried.
These minutes approved on the 5th day of January
1984.
M. B. Pierson, MAYOR
P(\ \
Marty Hendrix, ITY SECRETARY