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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 398 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. 402 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 Ja ' , Mayor Pro Tem ATTEST: Oa inignit% ,/ 0)7"://i....) 'S <./ 4 .e-0 *-0 .,..-. Caroly one , ty Secretary t===1 O ti �s NYC�. ti ;\`e`er. „�iii�unnu ninu��a��o°°� "'""