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DR8802-AG 910114 T FORM AGENDA REQUES ITEM CAPTION: Discussion and consideration of approving an ordinance abandoning in favor of the abutting property owner or owners a portion of the use and privilege of passage in an existing ten foot utility easement between 327 and 331 Spanish Moss so as to limit future use of the easement for electrical utility use only; providing that such abandonment shall be the interest which the City may legally and lawfully abandon; reserving within said easement area the right of any public utility company presently maintaining a use within the easement; providing that said ordinance may be recorded with the County Clerk of Dallas County, Texas, and providing an effective date; ratifying the agreement for services for the new easement; and authorizing the Mayor to sign. SUBMITTED BY: STAFF REP.: Alan--~t~i~ - (Director's Signature) OTHER REP.~ en Griffin EVALUATION OF ITEM: ': ...... '" This ordinance is being presented for your consideration in conjunction with the agreement between the City of Coppell and Blake Svejkovsky which will secure the necessary easement along the west property line. On January 8, 1992, Mr. Svejkovsky executed the necessary easements along the west side of his property line. APPROVED ~x'~'~.. /\ BY CITY CO,UN, CIL DATE ',//~"'~ ~' 9~ ~ BUDGET AMT. AMT. ESTIMATED AMT +/- BUDGET FINANCIAL REVIEW BY COMMENTS: LEGAL REVIEW BY: REVIEWED BY CM:/' ~ ~_~ ~ Item 10 A. Catellus and the Coppell Gateway P.I.D. Advisory Board will present an update on P.I.D. activities, progress, Financial Plan, and Service Plan/Assessment Plan. B. Acceptance of Coppell Gateway P.I.D. Financial Plan and Service Plan/Assessment Plan. C. Approval for the Coppell Gateway P.I.D. to issue Revenue Bonds in an amount "not to exceed" $5,000,000. Item lO-A: Presentations were made by Weldon Davis, Regional Vice President at Catellus~ Doug Stimpson, Corporate Vice President of Finance at Catellus; Tim Romer, Assessment District Specialist representing the Public Finance Group at Merrill Lynch, underwriter of the issuance of these bonds~ and Robert Randolph, Attorney with the law firm of Benson & Elkins, representing Bond Counsel and Tax Counsel. Also recognized were Paul W. Phy representing Developer Counsel~ and Mr. Peter Miller with Public Finance Management, a financial advisory group. The PID Advisory Board nominated by the City Council were Mayor Pro Tem Bill Smothermon, Councilman David Thomas, City Manager Alan Ratliff, Wayland Threadgill of Catellus, and Weldon Davis of Catellus. Discuseion followed. Item 10-B: Mayor Pro Tem Smothermon moved to approve item 10-B, to accept the Coppell Gateway P.I.D. Financial Plan and Service Plan/Assessment Plan as contained in the document submitted, with the following s~ecifics to be re-e~phasized= 1) there will be a container within the documents that Catellus and subsequent purchasers from Catellus will waive their rights of redemption should foreclosure become necessary, 2) that there will be a 10% escrow fund placed with the bonds, 3) that the City receive a written corporate affirmation of their obligation to remain liable on the debt created by these bonds, 4) that the City adopt as part of the selling of these bonds, the recoa~nendations found in Mr. London's letter dated December 24, 1991 to whit the bonds will be sold only to "sophisticated institutional investors", 5) an investment letter will be received from each purchaser, 6) the City along with its advisors will review all the offering documents prior to their release, and ?) that the underwriter will engage proper underwriter's counsel to provide disclosure language for the official statement, and 8) that Catellus will keep the signed agreement that they will remain liable for the assessments. Councilman Weaver seconded the motion. The motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor of the motion, and Councilman Moron voting against the motion. Item 10-C: Mayor Pro Tem Smothermon moved to approve item 10-C, for the Coppell Gateway P.I.D. to issue revenue bonds in an amount 'not to exceed" $5,000,000 with the provisions that they comply with all parts of the prior motion. Councilman Thomas seconded the motion. The motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor of the motion, and Councilman Morton voting against the motion. Item 11 Consideration and approval of paying a citizen's claim for vehicle damage in the amount of $393.31 as requested by Jackie Spratt. Councilman Morton moved to approve paying the citizen's claim for vehicle damage in the amount of $393.31 as requested by Jackie Spratt. Councilman Weaver seconded the motion. The motion carried ?-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 12 Discussion and consideration of approving an ordinance abandoning in favor of the abutting property owner or owners a portion of the use and privilege of passage in an existing ten foot utility easement - between 327 and 331 Spanish Moss es to limit future use of the easement for electrical utility use only~ providing that such abandonment shall be the interest which the City may legally and lawfully abandon~ reserving within said easement area the right of any public utility co~any presently maintaining a use within the easement~ providing that said ordinance may be recorded with the County Clerk of Dallas County, Texas, and providing an effect£ve date~ ratifying the agr~nt for serv£¢ee for the new eas~nt~ and CM011492 Page 3 of 9 authorizing the Mayor to sign. Mayor Pro Tem Smothermon moved to approve Ordinance Number 92-536 as read, abandoning in favor of the abutting property owner or owners a portion of the use and privilege of passage in an existing ten foot utility easement between 327 and 331 Spanish Moss as to limit future use of the easement for electrical utility use only~ providing that such abandonment shall be the interest which the City may legally and lawfully abandon~ reserving within said easement area the right of any public utility company presently maintaining a use within the easement~ providing that said ordinance may be recorded with the County Clerk of Dallas County, Texas, and providing an effective date~ ratifying the agreement for services for the new easement~ and authorizing the Mayor to sign. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Co,man, Roberteon and Nelson voting in favor of the motion. Item 13 Discussion and consideration of approving Traffic Light Synchronization (TLS) Grant Agreement for contract amount of $64,257.80 ($48,205.00 from state oil overcharge funds and $16,052.80 local share) and authorizing the Mayor to sign. Mayor Pro Tem Smothermon moved to approve item $13 as read, approval of Traffic Light Synchronization (TLS) Grant Agreement for contract amount of $64,257.80 ($48,205.00 from state oil overcharge funds and $16,052.80 local share) and authorizing the Mayor to sign. Councilman Morton seconded the motion. The motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion, and Councilman Weaver voting against the motion. Item 14 Consideration of a resolution of the City Council of the City of Coppell, Texas, determining the necessity of acquiring a permanent easement and a temporary easement for the construction of a sewer trunk main in and through Lots 8 & 9, Block F, Northlake Woodlands No. 12, City of Coppell, Dallas County, Texas, commonly known as 768 and 764 Crest View Court, Coppell, Texas. Mayor Pro Tem Smothermon moved to direct staff to proceed with negotiations with the landowner in conjunction with instructions given in Executive Session, and approve Resolution $011492.1 determining the necessity of acquiring a permanent easement and a temporary easement for the construction of a sewer trunk main in and through Lots 8 & 9, Block F, Northlake Woodlands No. 12, City of Coppell, Dallas County, Texas, commonly known as 768 and 764 Crest View Court, Coppell, Texas. Councilman Thomas seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 15 Discussion and consideration of consensus approval of draft personnel policy statements. Mayor Pro Tem Smothermon sought clarification of the Tuition Reimbursement Policy, section 1.01 and suggested that it be changed from "...all regular full- time employees who have completed their probationary period for new hires with the City..." to "...all regular full-time employees who have completed their initial probationary period with the City..." Discussion followed. It was noted that the Tuition Reimbursement Policy, section 1.02.A. states "Courses taken must be job-related and must be a requirement of an official degree plan." The possibility of changing the word "and" to "and/or" or "or" was discussed. No changes were made at this time. The policy on Political Activity was discussed. Council consensus was for staff to proceed with further work on the draft statements. Item 16 Discussion and consideration of approval of policies and procedures on the following~ ... A. Discipline .. B. Recruitment/Select£on/Pro~otion Mr. Bowman stated that the City Manager had sent these two policies out for employee counts, and then presented so~e of those co~ents~ Regarding 7.02.J enemployee indicated an opinion that any employee that is given time off without pay should have the right of appeal of that decision~ the current policy said they had the right of appeal of anything over a three day suspension. Regarding 7.02.E an employee indicated an opinion that legal counsel should be allowed at CM011492 Page 4 of 9