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07-14-1992 (City Council) Minutes 37 CITY COUNCIL MEETING MINUTES JULY 14, 1992 The City of Wylie City Council met in regular session on Tuesday, July 14 , 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 Jim Swartz . Council Members Bud Naish, Reta Allen, Ortie Messenger, and Jay Davis , City Manager Steve Norwood, City Secretary Carolyn Jones, City Attorney Steve Deiter, City Engineer Paul Beaver, and Finance Director Brady Snellgrove . Councilman Steve Wright was absent. Mayor Akin called the meeting to order and Rev. Don Yeager gave the invocation, followed with the Pledge of Allegiance. APPROVAL OF MINUTES OF THE JUNE 23, 1992 COUNCIL MEETING: There being no corrections or additions to the minutes of June 23, 1992 , a motion was made by Councilwoman Allen to approve as submitted . Seconded by Mayor Pro Tem Swartz . The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. ACTION ON BUTLER STREET ALLEY: The staff is not recommending any one alternative, but merely that the Council provide direction, pursuant to one of the following alternatives,or any action that Council desires. The alternatives are: A. do nothing and leave alley open as the barricade is currently down B. leave alley open but place speed bumps and step up enforcement of speed restrictions C. put up removable barricade in the alley (would require additional public hearing and ordinance) D. any other action deemed appropriate by the Council 38 A motion was made by Councilman Naish to leave alley open, place speed bumps in alley and place speed limit signs, and to oil the South end of the alley which open onto Park Dr. Seconded by Councilman Messenger. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - against, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with five in favor, and one against. CONSIDER AUTHORIZATION TO SELL BOMAG RECYCLER: City Manager Steve Norwood stated that the type of street work the City crew does, does not need the Bomag , staff has received four (4 ) bids. The bids received were: Jedco Properties in the amount of $67 ,000 .00 Conley-Lott-Nichols Machinery in the amount of $65,000.00 N-Tec Equipment in the amount of $38 ,000 .00 Wide Track Machinery in the amount of $34 ,669.00 These funds , if the Bomag is sold, will go into a Fleet Replacement Fund for seed money. Each Department will also add to this fund each year. Staff recommends acceptance of •••., the bid from Jedco Properties in the amount of $67,000.00 . Council wanted to know how much it would cost to rent the Bomag if the City ever needed one and how much has been spent in repairs . Mr. Jackie Jones, Street Superintendent said it would cost approximately $3 , 500. per month to rent a Bomag. There is some expense each time the Bomag is used to replace the teeth. City Manager Steve Norwood said the bids should be good for thirty (30 ) to sixty (60 ) days. A motion was made by Councilman Messenger to table until next meeting . Seconded by Councilman Davis. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPOINTMENT TO PLANNING AND ZONING COMMISSION TO REPLACE MARVIN BLAKEY: A motion was made by Councilman Messenger to appoint Richard Eckman to the Planning and Zoning Commission. Seconded by Councilwoman Allen. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. '`^a, 39 AUTHORIZING THE CITY MANAGER TO SIGN THE CONTRACT WITH CPS FOR THE NEW FINANCIAL SYSTEM: The contract and purchase price of the software/hardware system awarded to CPS on June 23 , 1992 has been reviewed. The costs will include $1 , 989 for the first twelve months for hardware/software support and: $ 39 , 370. for software $ 36 ,363 . for hardware $ 4 , 880. for training $ 387 . for miscellaneous . $ 87,360. Council needs to take action on authorizing the City Manager to sign the contract with CPS. The contract price will be $81 , 360 with $4 ,000. 00 to be held for retainage . The remaining amount of $77 ,360 will be lease purchased over a period of sixty months . A motion was made by Mayor Pro Tem Swartz to grant authorization for the City Manager to sign contract with CPS for the new financial system. Seconded by Councilman Naish. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. FINANCIAL CONTRACT FOR FINANCING OF THE NEW FINANCIAL SYSTEM: The amount being financed on the software/hardware system awarded to CPS will be $77, 360. The staff is recommending that the amount of $77 ,360 be financed by lease purchase for a period of sixty ( 60) months, starting approximately on December 1 , 1992. The City Manager needs Council authorization to sign a lease purchase contract with ASCI , which is the vendor who usually works with CPS. The contract price will be $77 , 360 with monthly payments of $1 ,554 . 70 for a period of sixty months . A motion was made by Councilman Messenger to approve authorization for City Manager to sign lease purchase contract with ASCI in the amount of $77 , 360 with sixty month agreement. Seconded by Councilwoman Allen. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF RESOLUTION EXPRESSING THE CITY' S DESIRE TO HAVE THE RIGHT TO REGULATE CONSUMPTION AND POSSESSION OF ALCOHOL IN PUBLIC PLACES: Local units of government are concerned that state law appears to preempt local authorities right to regulate possession and consumption of alcohol. The concern is that the Texas Alcoholic Beverage Commission (TABC) appears to have the exclusive authority to do so. There is 40 an organized effort to get the law changed , or clarified at the state level so that the local units of government could undertake this regulation. The proposed resolution merely expresses the City' s intent that it does desire to have the right to regulate consumption and possession of alcohol in public places. A motion was made by Mayor Pro Tem Swartz to approve the Resolution expressing the City' s desire to have the right to regulate consumption and possession of alcohol in public places . Seconded by Councilman Naish. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. FIRST PUBLIC HEARING ON THE SUBMISSION OF AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR A TEXAS COMMUNITY DEVELOPMENT PROGRAM (TCDP) GRANT: The purpose of this hearing is to allow citizens an opportunity to discuss the citizens participation plan, the development of local housing and community development needs, the amount of TCDP funding available and all eligible TCDP activities. Mayor Akin opened the Public Hearing and requested those wishing to speak to come forward and state their name and address for the record. City Engineer Paul Beaver stated that the staff has done the smoke testing and engineering and this will be turned over to the consultants next week. This will go toward part of the City' s 20% cost of the grant. There being no citizens wishing to speak at this time, Mayor Akin closed the public hearing. City Manager Steve Norwood stated that staff would move forward with the second public hearing being on site of where the project will be. Any local cost is counted toward the City' s 20% and the funds paid to the consultant can be a part of this 20% . APPROVAL OF CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF WYLIE AND SOUTHWEST CONSULTANTS TO PERFORM ALL NECESSARY ADMINISTRATIVE FUNCTIONS TO ACQUIRE A UTILITY REPLACEMENT GRANT FROM THE TEXAS COMMUNITY DEVELOPMENT PROGRAM AND TO ADMINISTER THE GRANT: This contract is proposed for professional services between the City of Wylie and Southwest Consultants to perform all necessary administrative functions to acquire a utility replacement grant from the Texas Community Development Program and to administer the grant in order to meet all Federal and State guidelines. Estimated grant amount is $250,00 with a $50, 000 City matching fund. The total contract is estimated at $20 ,000 consisting of zero dollars for the grant application and $20,000 for the twelve month administration period. A motion was made by Councilman Messenger to approve the Contract with Southwest Consultants. Seconded 41 by Councilman Davis. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. PUBLIC HEARING FOR THE PURPOSE OF DISCUSSING AND CONSIDERING PROPOSED ZONING CHANGE AND ZONING MAP AMENDMENT: LOTS 13, 14 , AND 15 BLOCK 3 OF BROWN AND BURNS ADDITION: The proposed zoning change and map amendment is for Retail , this property is located at 301 N . Ballard. Letter were sent to all property owners within 200 feet and there has been a Public Hearing with Planning and Zoning Commission. Mayor Akin opened the Public Hearing and requested those wishing to address the Council on this item to come forward and state their name and address for the record. The following persons spoke against the zoning change: Mr. James Parker - 306 N . Ballard Mrs . Rita Smith - 401 N . Ballard Patricia Spurgin - 302 N. Ballard The following persons spoke in favor of the zoning change : Mrs . Gail Clemmons - 317 S. Fourth Mr . Bill Lewis - 413 S . Fourth There being no other persons wishing to address the Council , Mayor Akin closed the Public Hearing . APPROVAL OF THE ZONING CHANGE AND MAP AMENDMENT FOR LOTS 13, 14 & 15 OF BLOCK 3 OF BROWN & BURNS ADDITION: This zoning change and map amendment is for Retail , and is currently zoned Single Family 3 . This property is located at 301 N. Ballard and was voted on by the Planning and Zoning Commission with three in favor and three against the zoning change . Action to approve this rezoning application will require the three fourths vote of all Council Members due to the 20% recorded protest from letter sent to applicable property owners. A motion was made by Mayor Pro Tem Swartz to table this item for review. Seconded by Councilwoman Allen. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. 42 CITIZEN PARTICIPATION: Mayor Akin invited the citizens residing within the City Limits of Wylie wishing to address the Council to come forward at this time , to state their name and address for the record and to keep their comments to a maximum of five minutes . Any discussion must be limited to placing the item on a future agenda for consideration. The following person voiced concern about the Rustic Oaks Drainage Ditch and wanted to know when the work to correct this problem would be done: Debbie Willis - 107 N . Winding Oaks Allen Eason - 116 N. Rustic Trail Bonnie Powell - 202 Rustic Trail Jimmy Mitchell - 200 Rustic Trail Kevin Alston - 117 N . Winding Oaks There being no other speakers at this time , Mayor Akin recessed the open meeting and convened Council into Executive Session at 8 :45 P.M. Mayor Akin reconvened Council into open session at 9 : 25 P.M. There being no other matters for discussion, a motion was made to adjourn with all in favor. John W. Akin, Mayor ATTEST: Car.Y % J„/-/s��/ l$ekithi1Eitlrly Mary Nichols, City Secretary rP innr k SEAL 3 • tS iauum utotto