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
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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,
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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
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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
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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.
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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
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