09-10-1991 (City Council) Minutes 410
CITY COUNCIL MEETING
MINUTES
SEPTEMBER 10 , 1991
The City of Wylie City Council met in regular session on
Tuesday, September 10, 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, 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 . Councilman Don Hughes was absent.
Mayor Akin called the meeting to order and Roger Smith from
the First Baptist Church gave the invocation, which was
followed with the Pledge of Allegiance.
APPROVAL OF THE MINUTES FROM THE JUNE 28TH AND JULY 9TH,
1991 COUNCIL MEETING: There being no corrections or
additions to the minutes of June 28th and July 9th, a motion
was made by Councilman Martin to approve as submitted and ....
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 Messenger - in favor , and Councilman Simmons - in
favor . This motion carried with all in favor .
DISCUSS AND CONSIDER 1,615 CITY CODE VIOLATIONS AT SOUTHFORK
MOBILE HOME PARK: Notice of violations and time span for
these violations to be taken care of will be given to
Southfork Mobile Home Park. Inspections at the mobile home
parks in Wylie will be done as follows :
Southfork Mobile Home Park - done in August
Glen Knoll - November
Lake Ray Hubbard - December
Wylie Butane - January
DISCUSS AND CONSIDER APPROVAL OR DISAPPROVAL OF PRELIMINARY
PLAT FOR THE PROPOSED OAKRIDGE SUBDIVISION DEVELOPMENT: The
staff and Council ' s main concern is a dual access, as
platted now there is only one access. The Planning and
Zoning Commission and City Staff recommends that the ....
following executed permits, easements or agreements be
submitted as part of the Final Plat review:
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a . DART permits for drainage and utility boring;
b. Offsite drainage and sanitary sewer easements
at the southeast corner of the property;
c. Drainage easement to the east of proposed
Fleming Street;
d. Storm sewer and open channel drainage easements
in the future portion of Westgate Way west of
the project ;
e. R.O.W. for Westgate Way, and Fleming Street
connection if required.
A motion to disapprove the plat was made by Councilman
Martin and seconded by Councilman Messenger . The vote was
as follows : Mayor Akin - in favor, Mayor Pro Tem Davis - in
favor , Councilman Swartz - in favor , Councilman Martin - in
favor, Councilman Messenger - in favor , and Councilman
Simmons - in favor. The motion carried with all in favor .
DISCUSS AND CONSIDER ESTABLISHMENT OF AN EMERGENCY
PREPAREDNESS PLAN OF ACTION IN CONJUNCTION WITH COLLIN
COUNTY AND APPROVE ORDINANCE, RESOLUTION AND MUTUAL AID
AGREEMENT: This is an ordinance, a resolution and a mutual
aid agreement to join Collin County in the Emergency
Management and Emergency Preparedness Program. Mayor Akin
has appointed Fire Chief Jim Lynch as the Emergency
Management Coordinator for the City of Wylie. A motion was
made by Councilman Messenger to approve this. 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
Messenger - in favor, and Councilman Simmons - in favor .
The motion carried with all in favor .
DISCUSS AND CONSIDER NOMINATING CANDIDATES TO SERVE ON THE
COLLIN COUNTY CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS:
A motion was made by Councilman Messenger to table this
item. 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 Messenger - in favor , and Councilman
Simmons - in favor . The motion carried with all in favor .
DISCUSS AND CONSIDER TWO (2) FORMAL BID PROPOSALS FO_R _THE
CITY OF WYLIE GROUP HEALTH AND LIFE INSURANCE COVERAGE: Mr.
Joe Dickson of CIGNA addressed the Council on the number of
doctors and hospitals on their list . Bob Edgin of 405
Woodhollow addressed the Council concerning the City going
with CIGNA - that he (Wylie Pharmacy) was not associated
with CIGNA - he has tried but was turned down. A motion was
made by Councilman Messenger to table this item until a
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price on another prescription plan. 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 Messenger -
in favor , and Councilman Simmons - in favor . The motion
carried with all in favor .
DISCUSS AND CONSIDER AN ORDINANCE ESTABLISHING A MAXIMUM
LAWFUL PRIMA FACIE SPEED LIMIT OF FORTY-FIVE (45) MILES PER
HOUR ON SANDEN BOULEVARD IN ITS ENTIRETY, WITHIN THE CITY,
PROVIDING FOR THE REPEAL OF OTHER ORDINANCE IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A FINE AND
PROVIDING AN EFFECTIVE DATE: This ordinance will establish
the official speed limit on Sanden Boulevard and allow the
police department to enforce the speed limit on Sanden
Boulevard within the corporate limits. A motion was made by
Mayor Pro Tem Davis to adopt this ordinance. 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
Messenger - in favor , and Councilman Simmons - in favor .
The motion carried with all in favor.
DISCUSS AND CONSIDER PROPOSAL FROM PHYSICIANS REGIONAL
HOSPITAL ON INGRESS AND EGRESS TO STATE HIGHWAY 78: Mr .
Larry Wedekind, Administrator for Physicians Regional
Hospital addressed the Council stating that the State does
not feel there is a need for a traffic light at this
location. The hospital is not in favor of a traffic light
as it would hinder emergency traffic into the hospital . A
motion was made by Councilman Simmons to table this item.
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 Messenger - in favor, and Councilman Simmons - in
favor . The motion carried with all in favor.
DISCUSS AND CONSIDER SELECTION OF AN OUTSIDE INDEPENDENT
AUDITING FIRM AFTER FORMAL PROPOSALS HAVE BEEN ANALYZED TO
CONDUCT THE FY91 CITY AUDIT: The City received three bid
proposals to do the FY91 audit . They are as follows:
AUDIT PRINTING
COMPANY PRICE CAFR* REPORTS
Doll , Karahal $15 ,000 $3 ,000 $150
& Company, P.C.
Dallas, Texas
Brosowske, Mares $13 ,000 $ 750 $500
Smothermon & Co.
Dallas, Texas
Rutledge, Crain & $ 8 ,500 $1 ,500 $450
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Company, PC
Arlington, Texas
Staff recommends that the Council choose the firm of
Rutledge, Crain & Company, PC out of Arlington, Texas to do
the audit. A motion was made by Councilman Messenger to
accept Rutledge, Crain & Company, PC as the auditors for the
FY91 audit . 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 Messenger - in favor , and Councilman
Simmons - in favor. The motion carried with all in favor .
DISCUSS AND CONSIDER FORMAL AGREEMENT FOR SERVICES BETWEEN
THE CITY OF WYLIE AND DENNIS HENSLEY D/B/A PC'S AND MORE OF
WYLIE FOR DATA PROCESSING AND COMPUTER SYSTEM TECHNICAL
ASSISTANCE: This is a contract with Mr . Hensley to provide
data processing and computer system technical assistance for
the City of Wylie at $19 .00 per hour which includes labor
and technical assistance. The engagement is for an
indefinite period . Software and parts will be paid for
separately. Mr . Hensley will be engaged on a hourly basis
but not to exceed twenty (20) hours per week with prior
written authorization of the City Manager. The service
agreement and engagement agreement will not exceed six (6)
months and at the end of the initial six (6) month
engagement reconsideration will be giving to continuation of
the agreement. A motion was made by Councilman Messenger to
accept this contract . 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 Messenger - in favor , and
Councilman Simmons - in favor . The motion carried with all
in favor .
DISCUSS AND CONSIDER UPDATE_ AND PROGRESS REPORT AND CITY'S
TENTATIVE PROPOSALS TO THE TEXAS DEPARTMENT OF HEALTH ON
CITY LANDFILL CLOSURE: On September 5 , 1991 , City Engineer,
Paul Beaver , met with the Health Department on the City' s
plan to close the landfill . The Health Department is very
pleased with procedures the City is following in closing the
landfill . The City will have completed the last series of
test at the landfill and then within two (2) weeks begin
closure procedures . Mr . Beaver said we are not looking at
something complex , but just standard closing .
DISCUSS AND CONSIDER ENGINEERING AND ENVIRONMENTAL SERVICES
AGREEMENT WITH JONES AND NEUSE, INC: In order to continue
the engineering services and environmental services of
Jones and Neuse the City needs to approve a new contract .
We need their services to get us to the September 30 , 1991
State Department of Health requirements. This contract
covers the scope of work to be done in six areas at a
projected cost of $14 , 525 . Councilman Swartz made a motion
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to continue with Jones and Neuse and approve this contract.
Seconded by Councilman Messenger. The vote was as follows :
Mayor Akin - in favor, Mayor Pro Tem Davis - in favor,
Councilman Swartz - in favor, Councilman Martin - in favor,
Councilman Messenger - in favor , and Councilman Simmons - in
favor . The motion carried with all in favor.
DISCUSS AND CONSIDER IMPACT OF HOUSE BILL NUMBER ELEVEN (11)
ON SOLID WASTE DISPOSAL COST: During the last couple of
days they were in session the Texas Legislature passed and
the Governor signed House Bill Number Eleven (11) which
imposed a significant increase on landfill operations
throughout Texas. The increase is from .17 per cubic
yard of compacted waste up to .50 a cubic yard. The City
provider Browning Ferris Industries has indicated that this
state mandated increase must be passed on to the City
retroactive as of September 1 , 1991 . A motion was made by
Councilman Messenger to table this item. 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
Messenger - in favor , and Councilman Simmons - in favor.
The motion carried with all in favor.
DISCUSS AND CONSIDER FORMAL - WRITTEN LEGAL OPINIONS RELATED
TO THE RECORD OF PROCEEDINGS ON THE ISSUANCE OF $3.5 MILLION
OF CERTIFICATES OF OBLIGATION IN FEBRUARY OF 1990 ; and
DISCUSS AND CONSIDER FORMAL - WRITTEN LEGAL OPINIONS RELATED
TO THE RECORD OF PROCEEDINGS ON THE ISSUANCE OF $4,275,000
OF CERTIFICATES OF OBLIGATION IN MAY OF 1988:
Questions were asked concerning the need for opinions from
the Attorney and the Attorney General ' s office if we
violated the Open Meetings Act by sending the letter door to
door of each Councilmember. Councilman Messenger requested
that the following letter from his attorney become a part
of the record and can be found at the end of this set of
minutes .
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.
Steve Wright, 406 E. Stone Rd. addressed the Council on the
opinions of the Certificate of Obligations.
Mr. Wright also addressed the Council on a memo sent to
department heads only regarding a flag pole ceremony.
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RECESSED REGULAR MEETING
CONVENED CITY COUNCIL INTO WORKSHOP
DISCUSS THE FY92 BUDGET: The City Manager stated that if
the Council wanted to consider leaving the effect tax rate
at . 615 it would be a loss of $64 ,422 over the recommended
rate of .63523. Discussed having a reserve fund - not a
state law - Charter says up to 5% . Budget is approximately
$400 ,000 from last year , if you take 950 ,000 out that is for
the landfill . The major changes were Park Department, Fire
Department and City Attorney being funded . Establish a
Reserve Fund in the amount of $35,000 with an ordinance that
stipulates 100% vote of the Council before use of money.
Make the following cuts :
$10 ,000 Finance Director Salary - reduce by two months
$32 ,000 Firemen/Police Lieutenant - fund for only 9
months
$27 ,000 Reduce Cost of Audit and New Computers and
Software
$100 ,000 Cut out replacing tanks at Service Center
$12 ,000 Reduce Cost of Group Medical Insurance
$40 ,000 Reduce Merit Increases to 1 .5%
Reduce ad valorem tax revenues to reflect no tax
increase.
Delete the $180,000 bond transfer to subsidy the
utility fund.
There being no other business for discussion, a motion was
made to adjourn.
John W. Akin, Mayor
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