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03-10-1992 (City Council) Minutes 477 CITY COUNCIL MEETING MINUTES MARCH 10, 1992 The City of Wylie City Council met in regular session on Tuesday, March 10 , 1992 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 W.Akin, Mayor Pro Tem Jay Davis (arrived late) , Council Members Percy Simmons, Ortie Messenger, Jim Swartz , Don Hughes and William Martin, City Manager Steve Norwood, City Secretary Carolyn Jones, City Attorney Steve Deiter (arrived late) , City Engineer Paul Beaver, and Finance Director Brady Snellgrove . Mayor Akin called the meeting to order and Rev. George Fournier, Southtork Baptist Church gave the invocation with the Pledge of Allegiance led by Councilman Swartz . APPROVAL OF MINUTES OF FEBRUARY 25, 1992 MEETING: There being no corrections or addition to the minutes , a motion was made by Councilman Hughes to approve as submitted . Seconded by Councilman Swartz . The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Davis - absent, 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 six in favor, and one absent. PRESENTATION OF CERTIFICATES OF APPRECIATION: Mayor Akin presented Certificates of Appreciation to Dr. Craig McMullin and Mrs . Gerry Waldo. A citizen' s life was saved by these two due to their caring enough to help a citien by administering CPR until an ambulance could arrive . The Council would like to say Thanks for what you have done in saving this persons life . CONSENT AGENDA: The Consent Agenda consist of payment of Invoice No. 9171C from Helmberger Associates in the amount of $6,657 .66; payment of Invoice No. 9190-2 and 9207-2 from Helmberger Associates in the amount of $4 , 224 . 672 ; payment of Invoice No. 03-028906-02 from Jones & Neuse in the amount of $529 . 81 ; pay estimate No. 2 from Randall & Blake in the amount of $53 ,760 .50 and ratification of letter from City Manager designating an Acting City Manager in the case of his absence from the City as state in The City Charter, Article 4 , Section 1 , Subsection D (designated person is Carolyn Jones , City Secretary) . There being no discussion, a motion was made by Councilman Messenger to approve the Consent Agenda as listed above . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor, 478 Mayor Pro Tem Davis - absent, 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 six in favor, and one absent. APPROVAL OF RESOLUTION FOR THE CITY OF WYLIE, ESTABLISHING A DEFERRED COMPENSATION PLAN UNDER THE UNITED STATE CONFERENCE OF MAYORS DEFERRED COMPENSATION PROGRAM: City Manager Steve Norwood stated this play is represented by PEBSCO and there will be no cost to the City. It will be on a volunteer basis to any employees who are interested . A motion was made by Councilman Martin to approve the resolution establishing a Deferred Compensation Plan under the United State Conference of Mayors Deferred Compensation Program. Seconded by Councilman Hughes. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Davis - absent, 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 six in favor, and one absent. APPROVAL OF A SPECIAL PERMIT UNDER SECTION 7 . 02 OF THE CITY CODE FOR THE WYLIE HIGH SCHOOL FOR THE PURPOSE OF SETTING UP AN ARCHERY RANGE ON THE SCHOOL GROUNDS: This request has come Mr. John Hartley, a teacher at Wylie High School . Staff has reviewed the City Ordinances and Codes and Council may grant by Special Permit under Section 7 . 02 of the City Code permission to set up an archery range on the school grounds . Councilman Swartz suggested that a provision be added to the Special Permit that the archery range will be set up in such a way that the arrows will be pointed in the opposite direction of the Community Park. A motion was made by Councilman Swartz to approve the Special Permit with the above provision. Seconded by Councilman Messenger. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Davis - absent, 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 six in favor , and one absent. APPROVAL OF AN ORDINANCE ADOPTING CERTAIN REGULATIONS RELATING TO THE CONTROL OF VICIOUS DOGS, DEFINING CERTAIN TERMS USED THEREIN, PROVIDING REQUIREMENTS FOR OWNERS OF DANGEROUS DOGS; DECLARING CERTAIN PETS TO BE UNLAWFUL; PROVIDING CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, INCLUDING DESTRUCTION OF THE DANGEROUS DOG; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE: City Attorney , Steve Deiter, stated in the last session of the State Legislature, a bill was passed reworking the state law regarding vicious dogs . Staff has reviewed this ordinance and recommends adoption by Council . The ordinance is a restatement of the new state law, but does retain 479 limited portions of the old ordinance. A motion was made by Councilman Martin to approve the ordinance adopting certain regulations relating to the control of vicious dogs . Seconded by Councilman Swartz . The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Davis - absent, 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 six in favor, and one absent. APPROVAL OF TWO INTERLOCAL AGREEMENTS, ONE WITH THE LUCAS VOLUNTEER FIRE DEPARTMENT AND ONE WITH THE BRANCH VOLUNTEER FIRE DEPARTMENT: These interlocal agreements are for the use of the Wylie Police Communications Center and Dispatch Services . Chief Hightower reported that both of the above named fire departments have been in contact with him regarding the use of our dispatch services. The Lucas Volunteer Fire Department has been using our dispatch services for several years without charge . Staff recommends that a $1 . 2185 per capita be charged to fire departments that our Communications Division provides services to. This figure is derived by taking the total cost of running the Communications division and dividing that dollar amount by the number of minutes in a year, giving a per minute cost breakdown and adding $1 .00 per capita for administrative fees. Chief Hightower stated that today, the Mayor of Lucas contacted him and said that Lucas was not in total agreement with these fees. Steve Deiter, City Attorney , stated that the agreements in the packet needed to have a correction made to reflect the per capita fee. Steve Deiter also stated that there would be some liability, but this agreement has as much protection as possible . A motion was made by Councilman Messenger to approve the interlocal agreements with the Fire Departments of Branch and Lucas with the above corrections regarding per capita fee . 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. This motion carried with all in favor. APPROVAL OF SPRING CREEK PARKWAY FINAL PLAT FOR CONSTRUCTION: The Planning and Zoning Commission has reviewed this plat and recommends it to Council for approval of construction. Mr. Paul Beaver, City Engineer, stated that this plat is only for the extension of the road . Mr. Beaver also stated that differences between the City of Wylie and Wylie Northeast Water Supply Corp . , will probably be handled with the application being filled with the State Board . A motion was made by Councilman Hughes to approve 480 the final plat for construction of Spring Creek Parkway. 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. PRESENTATION OF ANNUAL AUDIT FOR 1990-91 BY RUTLEDGE , CRAIN AND COMPANY, INC. : Mr . Lewis Crain was present to present the audit and answer questions from the Council . Mr. Crain stated that the management letter referenced areas in which the Finance Department and Council needed to look at. The major area being the computer system. Mr. Crain went over a few of the pages in the audit where questions had been asked by the Council . CITIZEN PARTICIPATION: Mayor Akin invited citizens residing within the City Limits of Wylie to come forward at this time and to keep their comments to five minutes. Mrs . Pat Stemple of 10 Glenn Knoll Dr. thanked Mr. Swartz for his comments regarding the bow and arrow situation . There being no other items for discussion, a motion was made at 8: 10 P.M. to adjourn with all in favor. y j' t,) / John W. Akin, Mayor ATTEST: 1/ 6 ,s,_4/ 1.6,7„.....1 ��,�0,k 0 F Wye.% , 4�0 Carolyn ne 4ity Secretary SEAL _ 3