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Min - City Council - 1992 - 10/01 - RegularPresent: Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop Mike Nichols Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:15 P.M. With a quorum of the Councibnembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:38 p.m. on Thursday, October 1, 1992, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Council discussed Agenda Item XI, Consider All Matters Incident and Related to the Issuance and Sale of City of Allen, Texas, General Obligation Refunding and Improvement Bonds. "City of Allen, Texas, General Obligation Refunding and Improvement Bonds, Series 1992," Dated October 1, 1992, Including the Adoption of an Ordinance Authorizing the Issuance of Such Bonds and Approving and Authorizing the Execution of a Purchase Contract and Special Escrow Agreement, the Adoption of a Resolution Approving and Authorizing the Execution of a Paying Agent / Registrar Agreement in Connection Therewith and the Adoption of a Resolution Providing for the Redemption of Certain Outstanding Obligations of the City. Moody's Investor Service notified the City of Allen that the rating of the City has moved from Baa to Baa 1. The arbitrage statement in relation to the bonds was discussed. Council was informed of the policy regarding distribution of minutes. The El subcommittee reports will now be presented prior to the citizens comments and subcommittee minutes will be included in the Council packet. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 1, 1992 Present: Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop Mike Nichols Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:15 P.M. With a quorum of the Councibnembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:38 p.m. on Thursday, October 1, 1992, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Council discussed Agenda Item XI, Consider All Matters Incident and Related to the Issuance and Sale of City of Allen, Texas, General Obligation Refunding and Improvement Bonds. "City of Allen, Texas, General Obligation Refunding and Improvement Bonds, Series 1992," Dated October 1, 1992, Including the Adoption of an Ordinance Authorizing the Issuance of Such Bonds and Approving and Authorizing the Execution of a Purchase Contract and Special Escrow Agreement, the Adoption of a Resolution Approving and Authorizing the Execution of a Paying Agent / Registrar Agreement in Connection Therewith and the Adoption of a Resolution Providing for the Redemption of Certain Outstanding Obligations of the City. Moody's Investor Service notified the City of Allen that the rating of the City has moved from Baa to Baa 1. The arbitrage statement in relation to the bonds was discussed. Council was informed of the policy regarding distribution of minutes. The El subcommittee reports will now be presented prior to the citizens comments and subcommittee minutes will be included in the Council packet. ALLEN CITY COUNCIL WORKSHOP SESSION OCTOBER 1, 1992 PAGE 2 Discussion was held regarding the resolution authorizing the contractual agreement for a City credit card. A question arose regarding the choice of cards. Discussion was held regarding the adoption of a resolution setting the appropriate zoning districts for the currently unlisted use for day care for disabled and/or elderly. The resolution set certain districts in the City of Allen and allows for specific use permits; however, the resolution does not address the letter included in the packet. Further information will be received on this item during the regular session. A report was given as a result of the recent trip to Austin in support of the State Highway 121 project and the extra funding needed for the bypass through Lewisville. It was felt the meeting was beneficial for the City of Allen in that the City presented an alliance that would be visible in the region and the entire state in the future. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:20 p.m. on Thursday, October 1, 1992. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7:30 p.m. on Thursday, October 1, 1992, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item V) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approve Minutes of September 17, 1992, Regular Meeting. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Bick Asphalt $ 851.25 For: Asphalt Overlay and Rental of Rubber Tire Roller 1985 Street Bond Funds Period: Thru September 9, 1992 2. Frank Bartel Trucking $ 700.00 For: Trucking Asphalt Chips for Stacy Road 1985 Street Bond Funds Period: September 5, 1992 ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1992 PAGE 3 3. City of Plano $21,389.50 For: Library Automation Purchased Equipment to Accommodate Allen on Plano Public Library Automated System Interest Earned Bond Funds Period: September 1992 4. MTI Systems $ 5,256.41 For: Supplied Terminals and Keyboards Interest Earned Bond Funds Period: September 1992 5. Savoy Highway Enterprises $ 4,908.75 For: Labor to Apply Crack Seal 115.5 Hours X $42.50 Per Hour 1985 Street Bond Funds Period: September 23, 1992 6. Stoddard Enterprises $ 4,441.25 For: Purchase of Kengo Crack Sealant 17 -55 Gallon Drums 1985 Street Bond Funds Period: September 23, 1992 7. Southland Corporation $ 2,228.00 For: Purchase Utility Easement, Parcel 41, Allen Towne Center, Collin County, Allen, Texas 1985 Water & Sewer Bond Funds Period: September 30, 1992 8. Elf Asphalt $ 4,888.33 For: Purchase Asphalt for Stacy West Hwy 75 1985 Street Bond Funds Period: September 9, 1992 9. SVA Concrete $ 8,836.00 For: Pavilion Erection and Foundation & Walkway Construction 1985 Park Bond Funds Period: Thru September 29, 1992 C. Set November 5, 1992, as a Public Hearing Date on a Request to Revise Planned Development No. 26 Being 303.0474 Acres of Land Located South of McDermott and West of Watters Branch as Requested by Allen Central Joint Venture. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1992 PAGE 4 D. Set November 5, 1992, as a Public Hearing Date on a Request for Special Use Permit with Site Plan Approval for a Church Facility Located at 1024 South Greenville Avenue as Requested by Jerry Aria. E. Approve a Resolution Designating the Allen American as the Official Newspaper for the City of Allen. Resolution No. 1131-10-92(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Designating the Allen American the Official Newspaper of the City of Allen, Collin County, Texas for FY 1992-1993. F. Adopt an Ordinance Amending Building Permit Fees. Ordinance No. 1132-10-92: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 592-3-85 and Ordinance No. 844-10- 85, by Amending Exhibit "A" (Building Permit Fees) Attached Thereto, Providing for a Severability Clause, Providing a Penalty for Violation of this Ordinance, Providing for the Publication of the Caption Hereof, and Providing for an Effective Date. Adopt an Ordinance Amending the Fees for Ambulance Service. Ordinance No. 1133-10-92: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Section I of Ordinance No. 1028- 4-91 of the City of Allen, Texas; Approving and Adopting Ambulance Service Fees for Resident and Non -Resident Users; and Providing for an Effective Date. Approve a Resolution Authorizing the Contractual Agreement for a City Credit Card. Resolution No. 1134-10-92(R): A Resolution Authorizing the City Manager to Submit Application to American Express Company for the Purpose of Entering Into Contractual Agreement. The motion carried. 11 End of Consent A¢enda I ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1992 PAGE 5 Council Committee Reports (Agenda Item VII) Development: • Work Program • Zoning Ordinance Review Committee • Buckingham Project • Senior Citizens Center • SH 121 Commission Hearing Services: • Animal Control • Solid Waste Disposal Rates • Ambulance Fees • Work Plan Finance / Administration: • Contract - AISD/Tax Office • Work Program • Liability, Workman's Compensation Insurance Change Mayor's: • Agenda Review • Punch List • Communications •• CIIP •• Strategic Planning Issues Fifth (5th) Thursday •• Professional Treatment of Customers Citizen's Comments (Agenda Item VIII) Janice Diamond, 1410 Meandro Ria, Fairview, Texas spoke before the Council and expressed appreciation for the hard work and enthusiasm of the Parks Department in the recent Country Fair celebration. Administer Oaths -of -Office and Presentation of Certificates of Appointment to Newly Appointed and Reappointed Members of Various City Boards (Agenda Item DI) City Secretary Judy Morrison administered the Oaths -of -Office to the following newly appointed and reappointed members of the Board of Adjustment, Sign Control Board, and Parks and Recreation Board as well as the City Health Officer. I ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1992 PAGE 6 Board of Adjustment Expiration I Consider All Matters Incident and Related to the Issuance and Sale of City of Allen, Texas, General Obligation Refunding and Improvement Bonds. "City of Allen, Texas, General Obligation Refunding and Improvement Bonds, Series 1992," Dated October 1, 1992, Including the Adoption of an Ordinance Authorising the Issuance of Such Bonds and Approving and Authorizing the Execution of a Purchase Contract and Special Escrow Agreement, the Adoption Place No. 2 - Ray Lewis 9/30/94 Place No. 4 - David Prall 9/30/94 Alternate Place No. 1 - Barbara Eubanks 9/30/94 Alternate Place No. 2 - Jeff Cocking 9/30/94 Sign Control Board Place No. 2 - Mike Claytor 9/30/94 Place No. 4 - Steven Hatcher 9/30/94 Parke and Recreation Board Place No. 1 - Ray Galloway 9/30/94 Place No. 3 - Gordon McIntyre 9/30/94 Place No. 5 - Ross Obermeyer 9/30/94 Place No. 7 - Tom Clark 9/30/93 City Health Officer Dr. Anthony E. Vita 9/30/94 Dr. Anthony E. Vita received his Oath -of -Office prior to the Council meeting. The Mayor presented each reappointed and newly appointed member of the various city boards a Certificate of Appointment. Present Plaque -of -Appreciation to Outgoing Member of Parks and Recreation Board (Agenda Item X) Mary Widdowson-Martin was not present to receive her plaque -of -appreciation; however, it will be presented to her at another time. Mary Widdowson-Martin Parks and Recreation Board September 1989 - September 1992 I Consider All Matters Incident and Related to the Issuance and Sale of City of Allen, Texas, General Obligation Refunding and Improvement Bonds. "City of Allen, Texas, General Obligation Refunding and Improvement Bonds, Series 1992," Dated October 1, 1992, Including the Adoption of an Ordinance Authorising the Issuance of Such Bonds and Approving and Authorizing the Execution of a Purchase Contract and Special Escrow Agreement, the Adoption ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1992 PAGE 7 of a Resolution Approving and Authorizing the Execution of a Paying Agent/Registrar Agreement in Connection Therewith and the Adoption of a Resolution Providing for the Redemption of Certain Outstanding Obhmtions of the City (Agenda Item XI) The City of Allen has an opportunity at this time to refund a portion of the existing General Obligation Bond indebtedness for savings, restructure a portion of the bond indebtedness and sell new bonds and maintain the current debt payments due to the excellent municipal bond market. The sale of $4,530,000 of new bonds has been slated to be used for the following projects: Parks and Recreation Afire Recreation/ Community Center $1,200,000 Land Purchase 250,000 Equipment Purchase 327,000 Street: i Overlay Program 200,000 • Local Match of Several State Highway Projects 2,553,000 TOTAL $4,530,000 The City has selected Southwest Securities and Dean Witter to be co -underwriters for the bond sale. Dan Almon, Southwest Securities, Ed Esquivel, Fulbright & Jaworski, Bill McGee and Trish Smith, Dean Witter, were introduced to the Council. Dan Almon distributed information indicating the increased bond rating from Moody's Investor Service, the official statement of the new issue for the City of Allen bonds, the bond buyers twenty bond index, the estimated cost of issuance, and a data and scale form. It was felt that the new rating from Moody's was as a result of (1) improved financial condition of the City, (2) minimal deterioration in assessed values and (3) upcoming economic development projects. Bill McGee with Dean Witter spoke before the Council and expressed their interest and desire to work with municipalities and their appreciation to be able to work with the City of Allen. Ordinance No. 1135-10-92: An Ordinance Authorizing the Issuance of "CITY OF ALLEN, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 1992"; Specifying the Terms and Features of Said Bonds; Levying a ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1992 PAGE 8 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 Purchase Contract and Special Escrow Agreement and the Approval and Distribution of an Official Statement Pertaining Thereto; and Providing an Effective Date. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1135-10-92 as previously captioned. The motion carried. Resolution No. 1136-10-92(R): A Resolution Approving and Authorizing the Execution of a "Paying Agent/Registrar Agreement" in Relation to the "City of Allen, Texas, General Obligation Refunding and Improvement Bonds, Series 1992" and Resolving Other Matters In©dent and Related Thereto. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1136-10-92(R) as previously captioned. The motion carried. Resolution No. 1137-10-92(R): A Resolution Providing for the Redemption of Certain Outstanding Obligations of the City; and Resolving Other Matters Incident and Related to the Redemption of Such Obligations. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1137-10-92(R) as previously captioned. The motion carried. Council thanked Southwest Securities and Dean Witter for an excellent job in aiding and assisting the City of Allen with this bond issue. Council also appreciated the background work the Finance /Administration Committee did on this project. I ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1992 PAGE 9 Adopt a Resolution Setting the Appropriate Zoning Districts for Currently Unlisted Use for Day Care for Disabled and/or Elderly (Agenda Item XII) Bill Petty, Community Development Director, discussed the background of the Comprehensive Zoning Ordinance and the need to address new and unlisted uses as they may come forward. A subcommittee had been appointed to review the issues of a "senior citizen only" day care. Since this is viewed as a business, it is not allowed in the home at the present time. The zoning ordinance prohibits a nursing home or rest home as a home occupation. This resolution establishes appropriate zoning districts for such uses. At a later date, the Council will hear further information regarding this topic which would allow a lesser use of this issue to be appropriate for a residential area. Resolution No. 1138-10-92(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Finding that Day Care for Disabled and/or Elderly is a New and Unlisted Use and Declaring the Appropriate Districts for Such Use. MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1138-10-92(R) in accordance with Planning and Zoning recommendation. The motion carried. Other Business (Agenda Item XIII) Calendar (Agenda Item XIII -A) October 14 Development Subcommittee CANCEL October 21 Development Subcommittee 9:00 a.m. October 29 Council Meeting - 7:00 p.m. Council of the Whole (COW) Items of Interest (Agenda Item XIII -B) There were no items of interest. Executive Session (Agenda Item XIV) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 22(g), the Allen City Council convened into Executive Session at 8:50 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to employee evaluations. The Executive Session was adjourned at 10:15 p.m. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1992 Reconvene PAGE 10 (Agenda Item XV) The Allen City Council reconvened into regular session at 10:16 p.m. on Thursday, October 1, 1992, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session. Ad Dorn (Agenda Item XVI) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10:17 p.m., on Thursday, October 1, 1992. The motion carried. These minutes approved on the 15th day of October , 1992. I ATTEST: iltay Mo on, CITY SECRETARY 11 APPROVED: ;�. Zoe Farmer, MAYOR