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07-23-1991 (City Council) Minutes 390 CITY COUNCIL MEETING �. MINUTES JULY 23 , 1991 The City of Wylie City Council met in regular session on Tuesday, July 23 , 1991 at 7 :00 P.M. in the Council Chambers of the Municipal Complex . Those present were Mayor John W. Akin , Mayor Pro Tem Jay Davis, Council Members Percy Simmons, William Martin, Don Hughes, Ortie Messenger and Jim Swartz , City Manager Bill Dashner , City Secretary Carolyn Jones, City Attorney Steve Deiter and City Engineer Paul Beaver . Mayor Akin called the meeting to order and Scott Brown of the First Baptist Church gave the invocation, followed with the Pledge of Allegiance. FINANCIAL REPORT THROUGH THE FIRST NINE (9 ) MONTHS OF FY91 (JUNE 30, 1991 ) : City Manager Bill Dashner stated that through the first nine months of the fiscal year the City is reflecting a $304 ,105 positive balance in revenues to date versus expenditures. Total revenues collected for the fiscal year - $4 ,979, 925 and expenditures - $4 ,675, 820, for a positive balance of $304 ,105 . To mitigate any shortfall that is possible in the budget I have taken the following action: 1 . Effective immediately there will be absolutely no more overtime authorized from today, July 15 , 1991 , to october 1, 19 91 . 2. Effective immediately there will be no more capital items authorized for the remaining portion of this fiscal year. 3 . All expenditures in excess of $50 .00 must be approved in advance by the City Manager. 4 . There can be no exceptions to these rules except as authorized by me personally. The City has $2 , 838 ,378 in investments as of this date. COMPLIANCE WITH SECTION 4 , ARTICLE D OF THE CITY CHARTER, TRANSFER OF APPROPRIATIONS AND AMENDMENTS TO FY 91 BUDGET: City Manager Bill Dashner stated that the Charter , Article D, Section 4 reads: "At any time during the fiscal year , the City Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. Upon written request by the City Manager, the City Council may, by budget amendments, transfer part or all of any unencumbered appropriation balance from one 391 department, office, or agency to another . These budget amendments will be ready for Council to approve on the August 27 , 1991 City Council meeting . CONSIDER JULY 11 , 1991 MEETING BETWEEN CITY OF WYLIE, STATE DEPARTMENT OF TRANSPORTATION , BROOKSHIRES GROCERY, INC. AND PHYSICIANS REGIONAL HOSPITAL: City Manager Bill Dashner stated that after much discussion, conclusion was reached on the final points: 1. Brookshires and the Hospital will try to negotiate a shared drive. 2 . If Brookshires and the Hospital are successful in negotiating a shared drive the State will design and put in signals at the State' s expense. 3 . Pending no successful conclusion of a shared drive the State and the City of Wylie will allow Brookshires to have their own independent egress and ingress to Highway 78 . This will mean no signals anywhere. 4 . The Hospital will not dedicate their private drive to the City. The next step is to wait and see if Brookshires and the Hospital can reach an agreement on the shared drive. ADOPTION OF A RESOLUTION ESTABLISHING THE AUTHORITY OF THE MUDDY CREEK ADVISORY BOARD: This Resolution has been approved by Murphy, Rowlett and Sachse which sets up the power and authority of the Board to act on behalf of each member city. A motion was made by Councilman Swartz to approve the resolution establishing the authority of the Muddy Creek Advisory Board. Seconded by Councilman Messenger. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Davis, Councilman Swartz - in favor, Councilman Martin - in favor , Councilman Hughes - in favor, Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. ACCEPTANCE OF CERTAIN REAL PROPERTY AS A DONATION FROM THE FEDERAL GOVERNMENT: The Resolution Trust Corporation has donated a tract of land with a house to the City. A title search has been started but is not complete at this date. This tract of land would be used for Park and Recreation facilities . The Council needs to formally accept the deed to the property and approve and sign the indemnification agreement . A motion was made by Councilman Messenger to approve the donation of real property from the Federal Government with the stipulation that a clear title after the title search has been completed . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , 392 Mayor Pro Tem Davis, Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor, Councilman Messenger - in favor, and Councilman Simmons - in favor . This motion carried with all in favor. APPROVAL OF E. L. DALTON PAY REQUEST #6 FOR NEWPORT HARBOR SANITARY SEWER PROJECT: The pay request is in the amount of $8,504 . 20 for work accomplished on the Newport Harbor project . Staff recommends approval . A motion was made by Councilman Hughes to approve payment request #6 to E. L. Dalton in the amount of $8,504 .20 . Seconded by Mayor Pro Tem Davis. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis, Councilman Swartz - in favor, Councilman Martin - in favor , Councilman Hughes - in favor, Councilman Messenger - in favor, and Councilman Simmons - in favor . This motion carried with all in favor. APPROVAL OF PAYMENT OF CLAIM FOR INVOICE #9111D FROM HELMBERGER ASSOCIATES ON THE OFFICIAL ZONING MAP : This payment of claim is in the amount of $2 ,321 .05 . The zoning map is virtually complete with fine tuning being accomplished . Staff recommends payment of this claim. A motion was made by Councilman Martin to approve payment of $2,321.05 to Helmberger and Associates . Seconded by Mayor Pro Tem Davis. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis, Councilman Swartz - in favor, Councilman Martin - in favor, Councilman Hughes - in favor, Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF PAYMENT OF INVOICE 0037275 TO TALEM, INC. FOR LANDFILL MONITORING WELLS QUARTERLY REPORT : This invoice is in the amount of $1 ,845 .00 and is for State Department of Health required quarterly monitoring well testing and analysis . Staff recommends payment of this invoice. A motion was made by Councilman Hughes to approve payment in the amount of $1,845 .00 to Talem, Inc. Seconded by Mayor Pro Tem Davis. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis , Councilman Swartz - in favor, Councilman Martin - in favor , Councilman Hughes - in favor, Councilman Messenger - in favor, and Councilman Simmons - in favor . This motion carried with all in favor. AWARDING COMPETITIVE BIDS ON UPGRADING POLICE , FIRE AND 911 EMERGENCY COMMUNICATIONS SYSTEM: Staff received two bids for the upgrading of the communication system for police, fire and 911 emergency, they were as follows : Motorola - total bid $44 ,770 .00 - payment plan $10 ,531 .16 Global Electro-Comm - total bid $39 ,989 . 35 - no payment plan ..., The bid from Global Electro contains several exceptions and deviations, the most noteworthy of which is the failure to offer the necessary lease/purchase agreement . Staff recommends award of bid to Motorola for the total system price of $44 ,770 .00 with annual lease/purchase payment of $10 ,531 .16 over a five year period. A motion was made by Mayor Pro Tem Davis to award bid to Motorola in the amount of $44 ,770 .00 with lease purchase agreement in the amount of $10 ,531 .16 annually for five years . Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis , Councilman Swartz - against, Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - against, and Councilman Simmons - in favor . This motion carried with five (5) in favor, and two (2) against. CONSIDER COMPUTER EQUIPMENT SOFTWARE AND HARDWARE PROPOSALS AND FUNDING REQUIREMENTS: The City Finance Director stated to Council a few weeks back that he could prepare the Hardware, Software , Financial Management and Date Processing needs for the City of Wylie. There has been two proposals made for Council to look at, one is in the amount of $141 ,108 .00 , and is a IBM AS400/D06 Computer/CPU and the second proposal is in the amount of $136 ,765.00 and is a IBM PC Novell 386 Network Server CPU. A motion was made by Mayor Pro Tem Davis to proceed on an itemized computer system breakdown. Seconded by Councilman Messenger . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis, Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER FY91 CITY AUDIT: As of this date an audit firm has not been selected to do the City' s yearly audit. Staff would like some guidance from the Council on the process of selecting an audit firm. A motion was made by Councilman Messenger to authorize City Staff to go out with RFP for FY 91 City Audit . Seconded by Councilman Simmons. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Davis, Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. CITIZEN PARTICIPATION: Mayor Akin invited the residents who reside within the City limits of Wylie wishing to address the Council to come forward at this time, to state their name and address for the record and to keep their comments to within five minutes . Pat Stemple of 10 Glen Knoll Dr . - addressed the Council about the plaque that was to be put in the Veterans Court Yard, about the joint meeting with EDC, Chamber and Council and the By-laws of EDC, and the pulling of meters at Southfork Mobile Home Park, and the problem is with owners 3 9 /1 of Southfork not the residents. —.a.. Reta Allen of 311 Hilltop - stated that the culvert at the south side entrance to the cemetery has not been put back in and would appreciate this being done. Gary Estes of Southfork Mobile Home Park - has worked with computers for 20 years and he addressed the Council on purchasing and installing piece mill basis. Mayor Akin recessed the open meeting and convened Council into Executive Session at 8 :50 P.M. under the Authority of Article 6252-17 V.A.C.S. , Section 2 paragraph "e" - discuss litigations with City Attorney on Southfork Mobile Home Park, et al v . City of Wylie and Court proceedings as of July 17 , 1991 . Mayor Akin reconvened the Council into open session at 9: 50 P.M. and called for a motion to adjourn as there was no matters of business from executive session. A motion was made and seconded to adjourn with all in favor . j 1 o� ems, John W. Akin, Mayor ATTEST: 4.1) Caro n J. - , City Secretary 'c===.