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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: 372 "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, 374 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 37c 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 376 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 ' olyn e y ecretary t SEAL * s ti�