08-13-1991 (City Council) Minutes 397
CITY COUNCIL MEETING
MINUTES
AUGUST 13 , 1991
The City of Wylie City Council met in regular session on
Tuesday, August 13 , 1991 at 7 :00 P.M. in the Council
Chambers at 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 Percy Simmons, Don Hughes, Jim Swartz
and Ortie Messenger , City Manager Bill Dashner , City
Secretary Carolyn Jones, City Engineer Paul Beaver and City
Attorney Steve Dieter . Mayor John Akin was absent .
Mayor Pro Tem Davis called the meeting to order and
Councilman William Martin gave the invocation which was
followed with the Pledge of Allegiance.
APPROVAL OF THE MINUTES FROM THE JULY 25, 1991 CITY COUNCIL
MEETING: There being no additions or corrections to the
minutes of July 25th, a motion was made by Councilman Hughes
to approve as submitted and 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 , Councilman Messenger - in
favor and Councilman Simmons - in favor . The vote carried
with all in favor .
CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF DISCUSSING AND
CONSIDERING PROPOSED ORDINANCE FROM THE PLANNING AND ZONING
COMMISSION ON LANDSCAPE REGULATIONS FOR ALL FUTURE
COMMERCIAL TYPE DEVELOPMENT: Mayor Pro Tem Davis opened the
public hearing and requested those wishing to address the
council to come forward at this time and state their name
and address for the record . There was no participation from
the citizens . Mayor Pro Tem Davis closed the hearing . City
Manager Dashner gave a presentation. It was suggested that
we add penalties to the ordinance and that a maintenance
bond be put up to insure the plants/trees, etc . are
maintained and replaced in case they die. City Manager
Dashner recommended this go back to the Planning and Zoning
Commission for recommendations on penalties and maintenance
bond. Councilman Simmons made a motion that the ordinance
be sent back to Planning and Zoning Commission to have the
aforementioned items considered . Seconded by Councilman
Messenger. The vote was as follows : Mayor Pro Tem Davis -
in favor , Councilman Swartz - in favor , Councilman Martin -
in favor , Councilman Hughes - in favor , Councilman Messenger
- in favor and Councilman Simmons - in favor . The motion
carried with all in favor .
DISCUSS AND CONSIDER FORMAL DEDICATION OF BROWN STREET AND
MCCREARY ROAD: A formal dedication ceremony will be held on
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August 21 , 1991 at 9 : 00 a.m. at the corner of Brown St . and -�-
Ballard Street . Anyone wishing to attend is invited.
DISCUSS AND CONSIDER ADOPTION SCHEDULE OF FY92 CITY OF WYLIE
BUDGET AS RECOMMENDED BY THE CITY MANAGER: City Manager
stated that in the last paragraph of his Budget Message it
states that a public hearing should be held prior to
adoption of the budget. Councilman Messenger wanted a
workshop to discuss a new budget prior to the public
hearing . A workshop will be held on Friday, August 23, 1991
at 7 : 00 p.m. A motion was made by Councilman Simmons to
hold a public hearing on September 24, 1991 . The vote was
as follows : Mayor Pro Tem Davis - in favor , Councilman
Swartz - in favor , Councilman Martin - in favor, Councilman
Hughes - in favor , Councilman Messenger - in favor and
Councilman Simmons - in favor . The vote carried with all in
favor .
DISCUSS AND CONSIDER FINANCIAL REPORT FROM CITY AUCTION HELD
ON AUGUST 6, 1991: City Manager Bill Dashner reported that
the auction held on August 6 , 1991 to dispose of City
property no longer needed by the City had gross sales of
$11 , 115. 50 . Auctioneer received $1 ,000 of this.
DISCUSS AND CONSIDER FINANCIAL REPORT FROM THE PARKS AND
RECREATION DEPARTMENT ON COMMUNITY PARK: City Manager Bill
Dashner reported that through July of this year the City of
Wylie Park and Recreation Department has generated , in all
fees and charges at the Park , a total of $10 ,342 . 81 .
Field Fees $ 2 ,636.00
Tournament Fees 340 .00
Light Fees 1 ,827 .00
Concession Stand 5 ,539 . 81
$10 ,342 . 81
DISCUSS AND CONSIDER DEVELOPMENT CORPORATION OF WYLIE,
INC. 'S SEMI ANNUAL REPORT TO THE CITY COUNCIL: The
Development Corporation of Wylie submitted a semi-annual
report to the Council which indicated they had sales tax
revenue of $151 ,989 .91 and $2 ,382 . 21 in interest and had
expenditures of $8 ,589 .14 . They have turned down one
request for assistance which was for a very speculative high
risk business venture. They are presently working on
tenants for the Johnston building .
DISCUSS AND CONSIDER CITY OF WYLIE'S FORMAL OPPOSITION TO
EAST FORK WATER SUPPLY CORPORATION CONVERTING TO A SPECIAL
UTILITY DISTRICT BY PETITION TO TEXAS WATER COMMISSION:
City Manager Bill Dashner stated that both he and the City
7 9 9
Attorney have filed a written protest opposing this Special
Utility District for East Fork. Councilman Simmons made a
motion that we formally oppose this Special Utility
District . 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 , Councilman Messenger - in favor and Councilman
Simmons - in favor . The motion carried with all in favor .
DISCUSS AND CONSIDER AMENDING DEVELOPMENT CORPORATION OF
WYLIE, INC. BYLAWS: The Wylie Development Corporation has
made a formal request to amend their bylaws by adding the
following:
5 .06 SECRETARY
The Secretary shall keep or cause to be kept, at the
registered office a record of the minutes of all meetings of
the Board and of any committees of the Board. The Secretary
shall also file a copy of said Minutes with the City and the
same to be given, in accordance with the provisions of these
Bylaws, or as required by the Texas Open Meetings Act or the
Texas Open Records act or other applicable law. The
Secretary shall be custodian of the corporate records and
seal of the Corporation, and shall keep a register of the
mailing address and street address, if different, of each
director .
Councilman Hughes made a motion that the aforementioned
amendment to the Development Corporation' s bylaws be added.
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 , Councilman Messenger - in favor and Councilman
Simmons - in favor . The motion carried with all in favor .
DISCUSS AND CONSIDER ADOPTION OF AN ORDINANCE ALLOWING
"RESTRICTED PRIOR SERVICE CREDIT" TO EMPLOYEES WITH SERVICE
IN TEXAS CITIES THAT ARE NOT A PART OF THE TEXAS MUNICIPAL
RETIREMENT SYSTEM: This ordinance will allow City employees
who have prior service with a non-member city to transfer
their service credit to the TMRSsystem with time only
credited . There is no money involved and thus, will not
cost the City in terms of an increase contribution rate.
Councilman Messenger made a motion that we adopt this
ordinance. 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, Councilman Messenger - in favor and Councilman
Simmons - in favor. The motion carried with all in favor .
DISCUSS AND CONSIDER JONES & NEUSE PAY ESTIMATE, INVOICE
NO. 03-028901-029, JUNE 1991 SERVICES, LANDFILL CLOSURE:
This is for work done in June at the landfill . All new
400.
monitoring wells are in place . Samples have been taken and
test results have been analyzed by the Consultants and the ...R
Final Report completed . Comments are expected in the near
future from the State Health Department. A motion was made
by Councilman Simmons to made payment on this invoice in the
amount of $5 ,278 .79 . Seconded by Councilman Messenger.
The vote was as follows : Mayor Pro Tem Davis - in favor,
Councilman Swartz - in favor , Councilman Martin - in favor ,
Councilman Hughes - in favor , Councilman Messenger - in
favor and Councilman Simmons - in favor . The motion carried
with all in favor .
DISCUSS AND CONSIDER JONES & NEUSE PAY ESTIMATE, INVOICE
NO. 03-028902-012, JUNE 1991 SERVICES, WYLIE SERVICE CENTER:
This is for work done in June at the service center . The
new monitoring well is in place, the test results have been
evaluated by the consultant, and the final report prepared .
The Texas Water Commission is currently reviewing the final
report and their comments are expected in the near future.
The invoice is for $2 ,625 .57 which exceeds the contract
amount of $38,150 by $56 . 31 . A motion was made by Council
Hughes to make payment to Jones & Neuse in the amount of
$2 ,569 .26. 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 , Councilman Messenger - in favor and
Councilman Simmons - in favor . This motion carried with
all in favor .
DISCUSS AND CONSIDER E. L. DALTON FINAL PAY ESTIMATE 37 ,
NEWPORT HARBOR SANITARY SEWER PROJECT AND ACCEPT PROJECT AS
COMPLETE AND ACTIVATE MAINTENANCE BOND FOR ONE YEAR: This
invoice is for $36 ,987 .77 and is the final payment on this
contract . The Texas Water Commission has accepted this
project as complete and "pump and haul" has been eliminated.
These facilities are recommended for acceptance by the City
of Wylie and activation of the contractor ' s one year
maintenance bond beginning August 14, 1991 . A motion was
made by Councilman Swartz to accept this project as
complete, activate the maintenance bond and pay the invoice.
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, Councilman Messenger - in favor and Councilman
Simmons - in favor . The motion carried with all in favor .
DISCUSS PROPOSED CONTRACTS BETWEEN THE CITY OF WYLIE AND THE
CITY OF MURPHY ON SEWAGE TREATMENT FOR THAT CITY AND
TRANSMISSION FEES TO BE CHARGED MURPHY ON TRANSMISSION OF
SEWAGE IN CITY LINE (DISCUSSION ONLY - NO ACTION REQUESTED) :
There are two (2 ) contracts - one is for the treatment
contract and the other is for the transmission fees. NTMWD
is reviewing both contracts. A workshop is to be held at
the end of the next Council meeting to discuss these
401
contracts and we will ask Carl Riehn from NTMWD to be there
for the discussions . Will also add the East Fork Water
Supply for discussion.
DISCUSS AND CONSIDER MOST RECENT CORRESPONDENCE FROM TEXAS
DEPARTMENT OF HEALTH ON LANDFILL CLOSURE: City Engineer,
Paul Beaver has been in touch with Mr . Smith at the Texas
Department of Health - we do not need to test the old wells
- Mr . Smith is in the process of finishing up a letter to
the City on the closure of the landfill . Mr . Beaver
anticipates that we should have the letter in about two
weeks .
DISCUSS AND CONSIDER IMPLEMENTATION OF COMPUTER HARDWARE AND
SOFTWARE SYSTEM ENHANCEMENT AND IMPROVEMENT FOR THE CITY ' S
DATA PROCESSING SYSTEM: Mr . Hensley stated the City ' s
hardware is sufficient for the next five to six years . He
suggested that we upgrade several computers - they are very
old and need to be upgraded for efficient use. He suggested
we make software changes now and get support needed for all
personnel . Staff recommends hiring of Mr . Hensley to
upgrade and train all employees for entire package , not to
exceed $40,000 . This does not include any hardware. Mr .
Hensley said most companies change every three to four years
- software should last the City five to seven years . The
City' s software is eleven years old . Councilman Messenger
asked about needing to go through the bid process. The City
Attorney said he would need to check into this but most
likely the software would have to be bid , after all
specifications have been done since it will exceed the
$5,000 limit. Councilman Messenger made a motion that this
item be tabled. 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 , Councilman Messenger - in favor and
Councilman Simmons - in favor . The motion carried with
all in favor .
DISCUSS AND CONSIDER ORDINANCE REGULATING BICYCLES AND OTHER
DEVICES USED AS RECREATIONAL TYPE TRANSPORTATION: The Park
and Recreation Department has recommended that the City
Council adopt this ordinance . City Manager Dashner stated
that he felt the ordinance would over regulate. Councilman
Simmons made a motion that the ordinance be denied.
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 , Councilman Messenger - in favor and Councilman
Simmons - in favor . The 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,
and to confine their comments to within five minutes.
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Lois Swartz - 506 W. Jefferson addressed the Council on the INN*
visual problem - the audience cannot make out the names on
the voting board . She also addressed the Council on not
being able to hear the speakers or some of the
Councilmembers when they are speaking . She also addressed
the condition of Birmingham St . - the north side of
Highway 78 - needs repair .
There being no other items of business for discussion a
motion was made to adjourn the meeti
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