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05-13-1997 (City Council) Minutes Minutes of the Wylie City Council May 13, 1997 CALL TO ORDER Mayor Jim Swartz called the City Council Meeting to order, May 13, 1997 at 7:00 p.m. with the following Councilmembers present: Cleo Adams, Joel Scott, Reta Allen, John Mondy and Wanda Sparks. J. C. Worley was absent. Staff members present were: Mike Collins, City Manager, Mindy Manson, Assistant to the City Manager, Susan Shuler, City Secretary, Brady Snellgrove, Finance Director, and Bill Rushing, Police Chief. PROCLAMATION Mayor Swartz read a proclamation designating May 12-16, 1997 as National Police Memorial Week. He presented the proclamation to Chief Rushing and members of the Wylie Police Department. PUBLIC COMMENT BEFORE EXECUTIVE SESSION Donna Halstead, 500 S. Ervay, Dallas, Texas - She spoke representing Griffin Industries (Texas By-Products) requesting an extension on a month to month basis before they relocate to Dallas. She said they would donate $2,000 per month to the Wylie Chamber for scholarship fund. She said they wound not be there more than six months. She also said they would continue to pick up materials from area grocery stores and transfer them to Bastrop. She stated that time was the biggest problem in getting the necessary permits to relocate. Floyd Perry, with Griffin Industries - He was asked by Mondy, "Are they inspected by the State Health Officers ?" Perry stated they were inspected in January and passed the inspection. Adams asked "If approved by Council does all the money have to go to a scholarship fund or can it be used for Meals on Wheels?". Perry stated that it would be up to discretion of the Council but that Griffin Industries was interested in the education of children. Allen asked "Have you had any complaints filed against you?" Perry stated that a complaint was filed on July 6 was the last complaint while they were still processing and a complaint was filed on July 15 but it was not substantial. Glenn Edwards, 613 Andersonville Lane - He asked that the City Council not give an extension and would like to be rid of Griffin. He said he has smelled it a couple of times. He stated that it is not acceptable to him for Council to provide an extension. Minutes of the Wylie City Council, May 13,1997, Page 1 Cheryl Edwards, 613 Andersonville Lane - She does not want anymore trucks spilling. She said she has called the TNRCC many times to complain. She stated that it is time to clean up this town and a deal is a deal. Toni Young, 200 Westgate Way - She said since Griffin has stopped cooking it has been nice to go outside without having to smell Griffin cooking. She also thought it was nice to offer the scholarships but is concerned that with the warm weather coming the smell would return. EXECUTIVE SESSION Held Executive Session Under Section 551.075 Conference With Employees to Receive Information and Question Employees Regarding Pending Litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District. Held Executive Session Under Section 551.075 Conference With Employees to Receive Information and Question Employees Regarding Texas By-Products (Griffin Industries). Held Executive Session Under Section 551.072 Deliberations about Real Property Regarding the Waste Water Treatment Facility. RECONVENED INTO OPEN MEETING Take Necessary Action As a Result of Executive Session Scott made the motion that an extension be granted under the following terms: Texas By-Products, Inc. agrees to pay the City of Wylie $25,000 to be paid to the City in three equal payments over a three month period and the payments would be due on or before June 2, 1997, on or before July 1, 1997 and on or before August 1, 1997. The City of Wylie will have sole discretion over the allocation of these monies. The City of Wylie agrees to approve an extension to the existing agreement between the City of Wylie and Texas By-Products, Inc., allowing for Texas By-Products to continue to operate a transfer facility at its existing facility in Wylie for a period not to exceed six months from July 11 or Tuesday, January 9, 1998. Approval by the City Council of this Agreement obligates Texas By-Products to the conditions outlined in Section 1. Further, it is not contingent upon Texas By-Products actual use of the extension. Adams seconded the motion. The motion was voted on and passed unanimously. Scott made the motion to authorize the City Manager to enter into an agreement to purchase not more than 52 acres at not more than $6,500 an acre for construction of a waste water facility. Allen seconded the motion. The motion was voted on and passed unanimously. Minutes of the Wylie City Council, May 13,1997, Page 2 CONSENT AGENDA 1) Consider approval of minutes for April 22, 1997 2) Consider approval of a resolution to authorize the execution of an agreement with the United Stated Department of Justice, Office of Community Oriented Policing Services for the approval of a grant under the COPS - Universal Hiring Program to facilitate the hiring of additional police officers for the City of Wylie Resolution 97-8 Authorizing the City to Enter Into An Agreement With the United States Department of Justice,Office of Community Policing Services,To Provide Additional Police Officers for the City of Wylie; Authorizing the City Manager to Execute Such Agreement;and Ratifying the Actions Taken by the Police Department in Obtaining the Grant 3) Consider approval of an ordinance for the regulation of stop signs Ordinance 97-10 Authorizing the Placement, Erection, Removal and Maintenance of Traffic Devices Upon Streets and Highways in the City of Wylie; Ratifying All Traffic Control Devices Currently Existing in the City of Wylie; Providing for a Penalty for the Violation of this Ordinance; Providing for Savings, Repealing and Severability Clauses; Providing for an Effective Date;and Providing for the Publication of the Caption Hereof 4) Consider approval of a contract extension with American National Bank for the period of August 26, 1997 through August 25, 1998 Scott made the motion to approve the Consent Agenda. Allen seconded the motion. The motion was voted on and approved unanimously. ACTION ITEMS Approval of an Ordinance Reducing the Speed Limit on Certain Sections of FM 544 Ordinance No.97-11 Altering the Prima Facie Speed Limits Established for Vehicles Under the Provisions of Section 169(b) of Article 6701 d,Vernon's Texas Civil Statues, Upon FM 544 or Parts Thereof,Within the Incorporate City Limits of the City of Wylie; Repealing All Conflicting Ordinances;Containing a Penalty Clause; Containing a Severability Clause; and Providing for an Effective Date Manson stated that after the installation of the traffic signals at the intersection of FM 544 and FM 1378, staff contacted the Texas Department of Transportation to request that it evaluate the possible implementation of a designated School Zone on FM 544. She said in February of 1997, TxDOT provided staff with an undated Speed Zone Study for FM 544 from McCreary Road to Hwy. 78. She stated that the recommended speed limit is 50 mph from McCreary Road to a point east of Commerce Drive where it decreases to 45 mph until the intersection with Highway 78. She also said that a section on either side of FM. 55 and FM 1378 intersection will be a 30 mph school zone during designated times. Minutes of the Wylie City Council, May 13,1997, Page 3 Scott made the motion to approve the ordinance reducing the speed limit on certain sections of FM 544. Allen seconded the motion. The motion was voted on and passed unanimously. Appointment of a Board Member to the North Texas Municipal Water District Collins stated that Mr. Harry Tibbals term on the North Texas Municipal Water District Board was to expire May 31, 1997. He said that Mr. Tibbals has stated that he is willing to continue to serve on this board. Adams made the motion to appoint Mr. Harry Tibbals to the North Texas Municipal Water District Board. Allen seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS Manson stated that the Community Center was on schedule for completion about the end of May or first part of June. Collins thanked Mondy and his company for donating an ice machine to the center. Scott would like to have a name to the Community Center besides Wylie Community Center. Manson stated that she has received a report from C2 Consulting Services, Inc., the company hired by the Cable Coalition to evaluate the rates filed by TCI in March. She stated the report stated that TCI received a waiver from the FCC in 1996 that permitted the company to estimate some of these costs and the method TCI chose to utilize is referred to as the "Gap" calculations. She said C2 does not agree with the method that TCI utilized and recommend that the actual increase for Wylie to the Basic Service by 9 cents and 25 cents for Expanded Basic fee. She said the options the city has are: 1) take no action and the rates originally identified by TCI will go into effect; 2) adopt an ordinance reflecting the rates identified by C2 (TCI has stated they will appeal); and 3) contact TCI by May 15 to negotiate a slightly reduced rate. Allen stated that there was an agreement with TCI Cable to televise the Council Meetings, which they have never done. Collins stated that staff has been frustrated over the non-work done by Z & S Construction on the TCDP Grant Projects. He said that every homeowner that has been affected would be contacted to make sure their property is returned to the original condition. Brady stated that about 40% of the employees are now using Direct Deposit for their payroll checks. CITIZEN PARTICIPATION There was no citizen participation. Minutes of the Wylie City Council, May 13,1997, Page 4 ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. Jim Swartz, Mayor usan Shuler, City Secretary 0/44, Minutes of the Wylie City Council, May 13,1997, Page 5