08-27-1991 (City Council) Minutes 405
CITY COUNCIL MEETING
MINUTES
AUGUST 27 , 1991
The City of Wylie City Council met in regular session on
Tuesday August 27 , 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 John Akin , Mayor
Pro Tem Jay Davis, Council Members Percy Simmons, Don
Hughes, Jim Swartz , Ortie Messenger and William Martin.
City Manager Bill Dashner , City Secretary Carolyn Jones,
City Attorney Steve Deiter , City Engineer Paul Beaver and
Building Official Rick Herzberger .
PUBLIC HEARING FOR THE PURPOSE OF DISCUSSING AND CONSIDERING
RECLASSIFICATION OF LAND USE FOR A CAR WASH ESTABLISHMENT
FROM B-1 ZONING DISTRICT TO RD - RETAIL DISTRICT: Mayor
Akin opened the public hearing and asked those wishing to
speak to come forward and state their name and address for
the records and to keep their comments within five minutes.
There were no comments from the citizens . Mayor Akin closed
the public hearing .
DISCUSS AND CONSIDER AN ORDINANCE AMENDING ORDINANCE NO. 85-
23A, SECTIONS 16.1 AND 17 .2 BY ADDING "CAR WASH" AS ONE OF
THE ALLOWABLE USES IN THE "R" - RETAIL DISTRICT AND DELETING
"CAR WASH" AS ONE OF THE ALLOWABLE USES IN THE "B-1 BUSINESS
DISTRICT" PROVIDING A REPEALING CLAUSE, PROVIDING FOR A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE:
This is a use change only which allows car wash as an
allowable use in the retail district and deleting it as an
allowable use in the business district . A motion was made
by Councilman Don Hughes to approve the Ordinance for
Amending Ordinance No. 85-23A. Seconded by Councilman
Martin. The vote was as follows : Mayor Akin - in favor ,
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 FINANCIAL REPORT THROUGH THE FIRST TEN
MONTHS OF FY 91 (JULY 31, 1991) : During the month of July
1991 the City has collected in revenues $5 ,263 ,400 and has
spent $5,079 ,600 for a positive balance of $183, 800 . The
General Fund has collected $3 ,354 , 885 and expended
$3 ,237 ,620 , the Utility Fund has collected $1,568 , 695 and
expended $1 ,539 ,595 , the Sanitation Fund has collected
$302 , 280 and expended $268 ,285 and the Impact Fund has
collected $37 ,570 and expended $34 ,100 . Over the next two
months the City will have to receive in revenue a total of
$765,676 in order to meet the budget estimate of $6 ,029 ,076 .
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DISCUSS AND CONSIDER COMPLIANCE WITH ARTICLE VII CITY
CHARTER, TRANSFER OF APPROPRIATIONS AND APPROVE FY91
DEPARTMENT BUDGET AMENDMENTS FOR THE GENERAL AND UTILITY
FUND: City Manager Bill Dashner stated that with ten months
of the year past we would end FY92 with a carryover. The
General Fund budget proposed amendment is to increase it
from $3 ,620 ,596 to $3 ,671 , 380 which is a $50 , 784 increase.
The Utility Fund budget proposed amendment is to decrease it
from $2 ,003 ,480 to $1 , 860 ,000 which is a decrease of
$14 ,400 . A motion was made by Councilman Don Hughes to
approve the budget amendments for the FY90/91 budget.
Seconded by Mayor Pro Tem Davis. The vote was as follows :
Mayor Akin - in favor, Mayor Pro Tem Davis - in favor ,
Councilman Swartz - in favor , Councilman Martin - in favor,
Councilman Hughes - in favor , Councilman Messenger - against
and Councilman Simmons - in favor. The motion carried with
six (6) in favor, and one (1) against .
DISCUSS AND CONSIDER AGREEING TO AN INTERLOCAL GOVERNMENTAL
AGREEMENT BETWEEN CITY OF WYLIE AND COUNTY COMMISSIONERS ON
EXTENSION OF SPRINGCREEK PARKWAY AND RAILROAD SIGNALIZATION:
The agreement as it stands leaves the City liable for any
overruns above the $270 ,000 (County $150,000 , City $70 ,000
and National Guard $50, 000) . The agreement needs to be sent
back to the County stating that if bids received are more
than $270,000 the overrun will be divided between the three
(3 ) parties (Collin County , City of Wylie, and National
Guard) . It was recommended that the County be the project
manager . A motion to amend the agreement, Article II , Item
1 and Article V and send back to County was made by
Councilman Simmons . Seconded by Councilman Messenger . The
vote was as follows : Mayor John Akin - in favor , 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 REIMBURSEMENT ON OVERPAYMENT OF AD
VALOREM TAX TO TWO TAXPAYERS: Alumax Corp. has overpaid by
$4 ,538 . 34 and the Department of Housing and Urban
Development has overpaid by $616.60 . A motion was made by
Councilman Swartz to refund the overpayments of ad-valorem
tax to these two taxpayers . Seconded by Councilman Martin.
The vote was as follows : Mayor John Akin - in favor , 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 APPROVING KENTUCKY FRIED CHICKEN ...
LOCATION AND CONSTRUCTION AND AMENDING REPLAT OF PREVIOUSLY
SUBMITTED APPROVED PLAT: The Planning and Zoning Commission
recommends approval of this replat. A motion was made by
Councilman Messenger to approve this replat but prior to
starting construction the previous owner should clean up all
trash and debris on the property. Seconded by Percy
Simmons . The vote was as follows : Mayor Akin - in favor ,
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 APPROVAL OF THE PRELIMINARY PLAT FOR
OAKRIDGE SUBDIVISION AS SUBMITTED BY THE APPLICANT WHICH IS
INVESTORS NETWORK: Dwight Scott of Investors Network
requested this item be pulled from the agenda . A motion was
made by Councilman Simmons to table this item. Seconded by
Councilman Hughes. The vote was as follows : Mayor Akin -
in favor , 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 RE-VERIFICATION OF MONITORING AND
TESTING REQUIREMENTS PRIOR TO LANDFILL CLOSURE ACTION: The
Texas Department of Health requires that a date be set no
later than September 30, 1991 to sample monitor wells 2 , 5 ,
6, 9 , 12 , 13 , and 14 and piezometers P-3and P-4 . Texas
Department of Health, after reviewing previously submitted
reports, believes that there is no confirmed indication of
contamination of the shallow ground water at the boundaries
of the sites , with the possible exception of extremely low
levels of benzene in MW-12 and MW-13 and a very low level of
acetone in MW-13 . Discussion item only, no action taken.
DISCUSS AND CONSIDER COLLECTION PROCEDURE ON FUNDS OWED TO
THE CITY BY SOUTHFORK MOBILE HOME PARK: Southfork Mobile
Home Park still owes the City $21,168 . 25 for the master
meter , the water loss due to a major leak and removal of
individual meters . A motion was made by Councilman Simmons
to approve the City Attorney seeking collection of
collectible funds . Seconded by Councilman Hughes. The vote
was as follows : Mayor Akin - in favor , 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 RECOMMENDATION ON CITY OF WYLIE
VS. MINYARD LAWSUIT APPEAL: Councilman Simmons suggested
that the City Attorney represent us in this lawsuit . A
motion was made by Councilman Messenger to go with the City
Attorney' s recommendation to retain the firm of Sallinger ,
Nichols, Jackson, Kirk & Dillard . Seconded by Councilman
Swartz . The vote was as follows : Mayor Akin - in favor ,
Mayor Pro Tem Davis - in favor , Councilman Swartz - in
favor , Councilman Martin - in favor , Councilman Hughes - in
408
favor , Councilman Messenger - in favor and Councilman ..,,
Simmons against . The motion carried with six (6) in favor
and one (1) against.
CITIZEN PARTICIPATION: Mayor Akin stated those wishing to
address the Council to come forward at this time and state
their name and address for the records and to keep their
comments within five minutes. In accordance with the Open
Meeting Act, the Council will hear comments of public
interest, but any discussion shall be limited to placing the
item on a future agenda for consideration.
Pat Stemple of 10 Glen Knoll addressed the Council on the
ribbon cutting ceremony at Brown Street. She also asked the
Council when the plaque would be put up for Veterans
Courtyard.
RECESSED REGULAR BUSINESS MEETING AND CONVENED COUNCIL INTO
WORK SESSION AT 8: 35 P.M.
DISCUSS PROPOSED CONTRACTS BETWEEN THE CITY OF WYLIE AND THE
CITY OF MURPHY ON SEWAGE TREATMENT FOR THE CITY AND
TRANSMISSION FEES TO BE CHARGED MURPHY ON TRANSMISSION OF
SEWAGE INTO CITY OF WYLIE LINE: Mr . Carl Riehn from NTMWD
said the City' s plant is flowing at an average of 800 ,000
gallons per day - if Murphy comes in at maximum of 250,000
gallons per day it would still allow Wylie the ability to
double capacity. The State will inform you to begin work on
a new plant when you reach 75% capacity and at 90% capacity
you will need to be under construction. It would be
beneficial to have another City with you when you have to
undertake another plant . Mr . Riehn also stated it looked
like a good arrangement. Murphy is looking at two other
alternatives - expanding their existing plant (owned by
NTMWD) and the City of Garland has offered Murphy sewer
services . We are waiting on formal action from Murphy
before taking any action. Council requested the City
Manager to send Murphy a letter regarding this agreement .
DISCUSS EAST FORK WATER SUPPLY CORPORATION CONVERTING TO A
SPECIAL UTILITY DISTRICT: The City Staff had a meeting
with Mr . Gay on this. Eastfork Water Supply has offered an
agreement to purchase their water meters inside the City
Limits of Wylie.
409
There being no other business for discussion, a motion was
made to adjourn at 9:55 P.M. with all in favor .
" - /' /
if 0John W. Akin, Mayor
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