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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 . 406 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 ATTEST: .., ;',+iia;(r. d Ca an ://eils047-1t/r/eitary r � L �f q o v '"� ff • a ' ' C