06-25-1991 (City Council) Minutes 371
CITY COUNCIL MEETING
MINUTES
JUNE 25, 1991
The City of Wylie City Council met in regular session on
Tuesday, June 25 , 1991 at 7 : 00 P.M. in the Council Chambers
of the Municipal Complex . A quorum was present and notice
of the meeting had been posted in the time and manner
required by law. Those present were Mayor Pro Tem Jay
Davis , Council Members Don Hughes, Percy Simmons, Jim Swartz
and William Martin, City Manager Bill Dashner, City
Secretary Carolyn Jones , and City Engineer Paul Beaver .
Mayor John Akin and Councilman Ortie Messenger were out of
town.
Mayor Pro Tem Davis called the meeting to order and Rev. Don
Yeager of the Wylie United Methodist Church gave the
invocation which was followed with the Pledge of Allegiance.
ADOPTION OF AN ORDINANCE ESTABLISHING THE OFFICIAL ZONING
MAP FOR THE CITY OF WYLIE, TEXAS AND REPEAL ORDINANCE #87-4
WHICH WAS THE OLD OFFICIAL ZONING MAP : For some time the
City has been working to update and correct errors in the
old zoning map for the City and the work is being done.
City Manager Bill Dashner asked the Council to table this
item until staff has had sufficient time to proof what has
been submitted. A motion was made by Councilman Martin to
table this item until a later meeting . Seconded by
Councilman Simmons. The vote was as follows : Mayor Pro Tem
Davis - in favor , Councilman Swartz - in favor, Councilman
Martin - in favor , Councilman Hughes - in favor , and
Councilman Simmons - in favor . This motion carried with all
in favor to table.
CITY FINANCIAL REPORT AT THE END OF EIGHT MONTHS OF FY 91
(MAY 30 , 1991 ) : City -Manager Bill Dashner stated that
through the first eight months overall revenue was
$4 ,453 ,135 with expenditures being $4 ,112 ,730 . The City
shows a positive cash flow balance of $340 ,405 . All
investments in interest bearing accounts amounts to
$2 , 891 ,171 and the Wylie Development Corporation as of June
14 , 1991 has a balance of $145 ,416 .79 .
ACCEPTANCE OF AN APPROVAL OF CONSULTING ENGINEER 'S REPORT
AND JUSTIFICATION FOR TRAFFIC SIGNALS ON STATE HIGHWAY 78
AND THE SOUTH DRIVEWAY OF BROOKSHIRES AND REQUEST APPROVAL
FROM THE STATE DEPARTMENT OF TRANSPORTATION FOR INSTALLATION
AND FUNDING: The study conducted by Johnson, Brickell ,
Mulchay and Associates, inc. which was commissioned by
Brookshires has been completed with the following
statements:
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"The Brookshire' s Grocery Company should seek approval from ...,
the City of Wylie and the SDHPT for the installation of
traffic signal controls at its south driveway intersection
with SH78 . Also, that any road plans for widening the
highway should include a median opening at the south
driveway location. The signal installation should take into
account any future widening of the highway so that signal
re-work can be kept to a minimum.
It is also recommended that due to the significant queues on
SH 78 that extend south from FM 544 during peak hours, this
signal should be coordinated with the one at FM 544 in order
to better clear out the traffic on SH 78 between the two
signals . "
The following recommendations are being presented to Council
for approval :
That the City Council approve this study and transmit it to
the State Department of Transportation requesting that the
State:
1. Install the signals at State expense
2 . Allow the City to install the signal according to State —.
specifications and the State pay for it
3 . If the State will not agree to the first two (2) options
then the City will have to install the signal at
Brookshire' s expense and the City' s expense.
There was discussion on having the signal at Brookshires
entrance or at the Hospital Emergency entrance. The State
has said that Brookshires and the Hospital need to work on a
joint access easement/road. City Manager Bill Dashner said
the next step is to transmit the study to the State and ask
that design work begin immediately. This will come back to
Council for final approval with a report and design work
done. A motion was made by Councilman Hughes to approve
with option #1 and #2 as listed above. Seconded by
Councilman Martin. The vote was as follows : Mayor Pro Tem
Davis - in favor , Councilman Swartz - in favor, Councilman
Martin - in favor, Councilman Hughes - in favor, and
Councilman Simmons - in favor. This motion carried with all
in favor .
CONSIDER MAYOR ' S LETTER TO TEXAS WATER COMMISSION REQUESTING
REMOVAL OF COURT ORDERED PUMP AND HAUL OPERATIONS AND
ELIMINATION OF MONTHLY FINES FOR A FINAL INSPECTION OF THE
CITY ' S SANITARY SEWER CAPITAL IMPROVEMENT PROGRAM: The ^�^
following is the letter being transmitted to the State:
Ms . Claudia Chaffin
777
Enforcement Division
Texas Water Commission
P 0 Box 13087 Capitol Station
Austin, Texas 78711
Dear Ms . Chaffin:
As Mayor of the City of Wylie, Texas and as authorized by
the City Council I am requesting that the Texas Water
Commission conduct a formal inspection on the City ' s major
sanitary sewer system capital improvement program. Over the
last two (2) years the City has expended approximately $2 . 5
million to come into compliance with regulations on sanitary
sewer system distribution improvements. For the last
several years the City of Wylie has been under court order
to cease and desist sewer pump and haul operations. I am
happy to inform you that the City of Wylie will have
completely eliminated all pump and haul operations on or
before July 12 , 1991 . Therefore , we are requesting that an
inspection be made on July 22 , 1991 so that your department
can release the City from the monthly fines that the City
has been paying for the last several years for non
compliance. If this proposal is acceptable to you please
contact Mr . Bill Dashner , City Manager , City of Wylie, 214-
442-2236 .
Sincerely yours ,
John W. Akin,
Mayor .
A motion was made by Councilman Swartz to approve the letter
to the State of Texas Water Commission for removal of the
court order. Seconded by Councilman Martin. The vote was
as follows : Mayor Pro Tem Davis - in favor , Councilman
Swartz - in favor , Councilman Martin - in favor , Councilman
Hughes - in favor , and Councilman Simmons - in favor. This
motion carried with all in favor.
REVIEW AND APPROVE DETAILED SPECIFICATIONS FOR AN EMERGENCY
COMMUNICATION SYSTEM FOR THE POLICE DEPARTMENT AND FIRE
DEPARTMENT AND 911 : The specifications for the emergency
communication system for the police and fire departments and
911 have been prepared by the Police Chief and the Fire
Chief with help from Motorola. It is the City Staff ' s
intention, once the specifications are adopted by the City
Council to solicit competitive bids and also solicit another
bid through the Houston Galveston Area COG. Staff has
decided to purchase furniture as a separate item, as staff
feels money can be saved by doing this . A motion was made
by Councilman Simmons to approve the specifications for an
emergency communications system for the police and fire
department and 911 . Seconded by Councilman Martin. The
vote was as follows : Mayor Pro Tem Davis - in favor,
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Councilman Swartz - in favor, Councilman Martin - in favor ,
Councilman Hughes - in favor, and Councilman Simmons - in
favor . This motion carried with all in favor.
FINAL PAYMENT TO PATE AND PATE ON PHASE II SEWER LINE AND
ACCEPT PROJECT AS COMPLETE AND ACTIVATE ONE YEAR MAINTENANCE
BOND: The final payment to pate and Pate on Phase II Sewer
line is in the amount of $47,912 . 95 which also releases the
5% retainage. The final total amount is $899,647 .07 which
is $5, 866 .91 less than the original $905 ,513 .98 contract . A
one year Maintenance Bond was included in the original
Performance Bond. Staff recommends approval of payment. A
motion was made by Councilman Martin to approve the final
payment in the amount of $47,912 .95 and activate one year
Maintenance Bond . Seconded by Councilman Swartz . The vote
was as follows : Mayor Pro Tem Davis - in favor, Councilman
Swartz - in favor , Councilman Martin - in favor , Councilman
Hughes - in favor, and Councilman Simmons - in favor. This
motion carried with all in favor.
EVALUATION OF THE DEVELOPMENT CORPORATION OF WYLIE, INC AND
COMPLIANCE OR NON COMPLIANCE WITH CITY COUNCIL APPROVED
BYLAWS: The City Council in August of 1990 put in place the
Development Corporation of Wylie, Inc. and adopted Bylaws by
which this board should abide. There are very specific
areas where the Board is supposed to report to the City
Council which are as follows:
1. The Board shall develop an overall economic development
plan for the City which shall include and set forth
intermittent and/or short tem goals. Such plan should be
approved by the City Council .
2 . The board shall make a detailed report to the City
Council once a year (this report has not been submitted) .
3 . The Board has not posted with the City Secretary' s
office copies of bonds and insurance policies.
4. The FY92 budget has not been transmitted to the City
Manager for inclusion in the annual budget presentation to
the City Council .
5 . The Board has not submitted to the Council monthly
summaries of proposed disbursements of funds for anticipated
projects.
A motion was made by Councilman Simmons to table the item
and have a joint work session with City Council and the
Development Corporation of Wylie, Inc. Seconded by
Councilman Swartz. The vote was as follows : Mayor Pro Tem
Davis - in favor, Councilman Swartz - in favor, Councilman
Martin - in favor , Councilman Hughes - in favor, and
Councilman Simmons - in favor . This motion carried with all
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in favor to table.
ADOPTION OF A RESOLUTION DECLARING SUPERFRESH GROCERY
ESTABLISHMENT LOCATED IN OAKS SHOPPING CENTER, HIGHWAY 78
NORTH AS A PUBLIC NUISANCE AND ORDERING IMMEDIATE COMPLIANCE
WITH CITY BUILDING CODE AND ORDINANCE 88-28 : The City
Inspector , the Fire Marshall and the City Engineer have
inspected this building, and have documented four (4) major
violations of Section 302 of the Uniform Building Code which
makes the building a public nuisance. These four (4)
violations center around bad stability , electrical , gas and
plumbing violations which make it unsafe and constitutes a
threat to the public. Staff is recommending the approval of
the Resolution declaring Superfresh Grocery establishment a
public nuisance. A motion was made by Councilman Martin to
approve the Resolution declaring Superfresh Grocery
establishment a public nuisance and ordering immediate
compliance with City building codes and Ordinance #88-28 .
Seconded by Councilman Hughes. The vote was as follows :
Mayor Pro Tem Davis - in favor , Councilman Swartz - in
favor , Councilman Martin - in favor , Councilman Hughes - in
favor , and Councilman Simmons - in favor . This motion
carried with all in favor .
CONSIDER TORT CLAIM FILED AGAINST THE CITY OF WYLIE BY MR.
AND MRS. ROBERT F. IRELAND: City Manager Bill Dashner
stated this claim was submitted to me and was denied . Mr . &
Mrs . Ireland came before the Council at the last meeting and
requested to be put on the agenda . This claim is in the
amount of $700 .00 . A motion was made by Councilman Swartz
to approve the payment of this tort claim. Seconded by
Councilman Martin. The vote was as follows : Mayor Pro Tem
Davis - in favor , Councilman Swartz - in favor , Councilman
Martin - in favor , Councilman Hughes - in favor , and
Councilman Simmons - in favor . This motion carried with all
in favor.
PAYMENT OF CLAIM FROM DELOITTE AND TOUCHE FOR SERVICES
RENDERED ON PHASE I FINANCE DEPARTMENT AUDIT: This payment
claim is in the amount of $2 ,500 .00 for services rendered in
connection with the performance of Phase I procedures as
stated in their original proposal approved by Council . A
motion was made by Councilman Hughes to approve payment in
the amount of $2 ,500 .00 . Seconded by Councilman Simmons.
The vote was as follows : Mayor Pro Tem Davis - in favor ,
Councilman Swartz - in favor, Councilman Martin - in favor ,
Councilman Hughes - in favor, and Councilman Simmons - in
favor . This motion carried with all in favor .
APPOINTING NEW MEMBERS TO THE BOARDS AND COMMISSIONS TO
REPLACE THOSE WHOSE APPOINTMENTS ARE EXPIRING:
WYLIE DEVELOPMENT CORPORATION: A motion was made by
Councilman Hughes to appoint John Tobin, seconded by
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Councilman Simmons. The vote was as follows : Mayor Pro Tem
Davis - in favor, Councilman Swartz - against, Councilman
Martin - in favor, Councilman Hughes - in favor , and
Councilman Simmons - in favor. This motion carried with
four in favor and one against .
PLANNING AND ZONING COMMISSION: A motion was made by
Councilman Simmons to appoint Marvin Blakey, seconded by
Councilman Hughes . The vote was as follows: Mayor Pro Tem
Davis - in favor, Councilman Swartz - against, Councilman
Martin - in favor , Councilman Hughes - in favor, and
Councilman Simmons - in favor . This motion carried with
four in favor and one against.
A motion was made by Councilman Martin to appoint Jerry
Ault, seconded by Councilman Hughes . The vote was as
follows : Mayor Pro Tem Davis - in favor, Councilman Swartz
- against , Councilman Martin - in favor , Councilman Hughes -
in favor, and Councilman Simmons - in favor. This motion
carried with four in favor and one against.
APPOINTMENT OF A MUNICI_PAL JUDGE AND DISCUSS AND CONSIDER
RECRUITMENT PROCESS OR SELECTION PROCESS: Staff recommends
appointing the Alternate Judge as Municipal Judge, as he is
fair and works out problems and payment plans with everyone.
There was discussion of Council monitoring court in order to
see how the Judge is working for the City. A motion was
made by Councilman Swartz to table this item, seconded by
Councilman Simmons. The vote was as follows : Mayor Pro
Tem Davis - in favor, Councilman Swartz - in favor,
Councilman Martin - in favor , Councilman Hughes - in favor,
and Councilman Simmons - in favor. This motion carried with
all in favor.
CONSIDER USING 1987 WOODLAKE VILLAGE/CENTENNIAL HOMES
DEVELOPMENT PERIMETER STREET FEE: According to the
Perimeter Street Fee Ordinance, these monies are placed in a
trust account and can be used by the City Council for road
improvements if the developer who puts the money up
approves. With the use of the $60 ,765 this project would
still be approximately $10 ,000 short, but we could at least
go out for bids to see if this is enough money to do the
project or how much will be needed . A motion was made by
Councilman Simmons to approve the use of the Perimeter
Street Fees plus the $50,305 . as agreed from Centennial ,
seconded by Councilman Martin. The vote was as follows:
Mayor Pro Tem Davis - in favor, Councilman Swartz - in
favor , Councilman Martin - in favor , Councilman Hughes - in
favor, and Councilman Simmons - in favor . This motion
carried with all in favor.
RECEIPT OF AND ACKNOWLEDGEMENT OF PHASE II HYDROGEOLOGIC
INVESTIGATION OF THE CITY 'S MUNICIPAL LANDFILL AND
AUTHORIZATION TO PRESENT DATA TO STATE DEPARTMENT OF HEALTH
377
IN ORDER TO PREPARE FINAL LANDFILL CLOSURE PLAN: Mr . David
Buchanan of Jones and Neuse, Inc. reported the final report
will go to the State and after their review there will be a
meeting with the State to finalize the landfill closure.
Mr . Buchanan stated that his firm is recommending to ask for
a regular/normal landfill closure. Mr . Buchanan also stated
within two weeks of the State receiving these reports the
City Staff and himself should go to Austin for a final
meeting . A motion was made by Councilman Hughes to approve
the report going to State, seconded by Councilman Swartz .
The vote was as follows : Mayor Pro Tem Davis - in favor,
Councilman Swartz - in favor , Councilman Martin - in favor ,
Councilman Hughes - in favor, and Councilman Simmons - in
favor. This motion carried with all in favor.
CONSIDER SOLICITING COMPETITIVE BIDS FOR ALL INSURANCE NOW
HELD BY THE CITY OF WYLIE EXCLUDING WORKMAN' S COMPENSATION,.
MEDICAL AND LIFE INSURANCE : According to the records , it
has been many years since the City went out for bids on the
following insurance : Business Auto, Texas Commercial
Package , Public officials Liability, Law Enforcement
Liability, Contractors Equipment, Electronic Equipment,
Accident Policy (Police Reserve) , Accident Policy (Volunteer
Fire Department) Blanket Bond, Tax Assessor Bond and Name
Schedule Bond. Staff recommends authorizing the soliciting
of competitive bids on the above. A motion was made by
Councilman Simmons to approve a bid package on all insurance
for the City of Wylie, seconded by Councilman Hughes . The
vote was as follows : Mayor Pro Tem Davis - in favor ,
Councilman Swartz - in favor , Councilman Martin - in favor ,
Councilman Hughes - in favor , and Councilman Simmons - in
favor. This motion carried with all in favor .
PAYMENT OF CLAIMS FOR LEGAL SERVICES IN LITIGATION INVOLVING
THE CITY OF WYLIE CASE OF ROBERT RUSSELL WALKER, CITY OF
WYLIE V. CHOYA TAPP AND CHOYA TAPP V. CITY OF WYLIE: This
payment of claims is from Boyd, Veigel , Attorneys at Law and
is in the amount of $4 ,755 . 82 . A motion was made by
Councilman Simmons to approve payment claim in the amount of
$4 ,755 . 82 , seconded by Councilman Martin. The vote was as
follows : Mayor Pro Tem Davis - in favor, Councilman Swartz
- in favor , Councilman Martin - in favor , Councilman Hughes
- in favor , and Councilman Simmons - in favor. This motion
carried with all in favor .
CITIZEN PARTICIPATION: Mayor Pro Tem Davis requested those
who had signed up, as their names were called to come
forward and state their name and address for the records,
keep their comments within five minutes.
June Baugh - Jackson Street - thanked the Council for all
the work that has been done in the last few months.
Mayor Pro Tem Davis recessed the open meeting and convened
378
Council into Executive Session at 8 : 40 P.M. under the
Authority of Article 6252-17 V.A.C.S. , Section 2 paragraph
"e" - discuss and accept reports from City Attorney on Choya
Tapp V. City of Wylie, City of Wylie V. Choya Tapp and
restraining order served on City of Wylie reference
Southfork Mobile Home Park.
Mayor Pro Tem Davis reconvened the Council into open session
at 9 :15 P.M.
A motion was made by Councilman Simmons to continue the
lawsuites of Choya Tapp V. City of Wylie, City of Wylie V.
Choya Tapp and City of Wylie V. Southfork Mobile Home Park,
seconded by Councilman Hughes. The vote was as follows :
Mayor Pro Tem Davis - in favor, Councilman Swartz - against,
Councilman Martin - in favor , Councilman Hughes - in favor,
and Councilman Simmons - in favor. This motion carried with
four in favor and one against.
There being no other matters of business for discussion, a
motion was made to adjourn with all in favor.
s, Mayor Pro Tem
ATTEST '
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