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04-14-1992 (City Council) Minutes 491 CITY COUNCIL MEETING MINUTES APRIL 14, 1992 The City of Wylie City Council met in regular session on Tuesday, April 17 , 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, Council Members Percy Simmons, Don Hughes, Ortie Messenger, Jim Swartz and William Martin, City Manager Steve Norwood, City Secretary Carolyn Jones, Finance Director Brady Snellgrove, City Engineer Paul Beaver, Parks Director Bill Nelson and Code Enforcement Officer Rick Hertzberger . Mayor Akin called the meeting to order and Rev. Mona Bailey of the Corinth Presbyterian Church gave the invocation which was followed with the Pledge of Allegiance. Mayor Akin welcomed the citizens who were in attendance and introduced Mr. Roy Faires and his wife Ruby who were employed by the city a few years back and were here on a visit. APPROVAL OF THE MINUTES FROM THE MARCH 17 , & 24TH AND APRIL 3RD COUNCIL MEETINGS: There being no corrections or additions to the minutes, a motion was made by Councilman Hughes to approve as submitted. 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. CONSENT AGENDA: The Consent Agenda consisted of pay estimate to Randall & Blake in the amount of $57 , 225. 57; a payment request from Helmberger Assoc . , & Inc . in the amount of $13 ,061 . 21 and $4 , 114 . 76 and pay request from Jones & Neuse in the amount of $2,681 . 52 . A motion was made by Councilman Hughes to approve the consent agenda for payment approvals . Seconded by Mayor Pro Tem Davis . Mayor Pro Tem Davis asked if Council could have an update on the Landfill . Mr. Paul Beaver said the cost of the final yards of dirt should be in tomorrow and it appears the cost is going to be lower than the original estimate. This week end the engineers and Mr. Beaver did about 40 bores to be sure everything was covered properly before the final dirt work was done. The landfill should be completed within about two weeks and the state should be called for a final inspection within four weeks . 492_ The vote on the above motion 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. RE-APPOINTMENT OR APPOINTMENT OF MEMBER TO THE NORTH TEXAS MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS FOR A TERM FROM JUNE 1 , 1992 THROUGH MAY 31, 1994 : Motion was made by Councilman Hughes to re-appointment Rita Smith to the North Texas Municipal Water District Board of Directors . Seconded by Councilman Simmons . Councilman Messenger said he felt the appointment of this board should have an ordinance regulating the appointment to be at the smae time all board members of the City are appointed, which is after the election. Councilman Messenger made a motion to table this item. Seconded Councilman Swartz . The vote on the motion by Councilman Hughes to appoint Rita Smith to the Board of Directors was as follows : Mayor Akin - against, Mayor Pro Tem Davis - in favor, Councilman Swartz - against, Councilman Martin - in favor, Councilman Hughes - in favor, Councilman Messenger - against, and Councilman Simmons - in favor. This motion carried with four in favor, and three against. There was no vote taken on the motion to table since the first motion carried. Councilman Simmons asked Mayor Akin to speak with the attorney about writing an ordinance on appointments to the various boards . APPROVAL OF INCREASING ATHLETIC FIELD LIGHT FEES FROM $3 . 00 TO $4 . 50 PER HOUR PER FIELD EFFECTIVE SEPTEMBER 1 , 1992 : The Park and Recreation Board has reviewed the fees and the electrical bills for the past year and after carefully consideration have decided to recommend an increase in the athletic field light fees from $3.00 to $4 .50 per hour per field, effective September 1 , 1992 . Councilman Hughes made a motion to table this item. Councilman Hughes asked Mr. Nelson how much the fields are costing others who use them. Mr. Nelson stated that WSA has 99% usage of these fields and the current charge is not enough to cover the monthly bills. The increase being recommended is based on the 1991 bills. The meter that serves the ball fields also serves the restrooms and security lights for the park. Approximately $106. 00 per month would go into the fund from the City for the security lights . There is a bigger demand for the use of the fields this year over last year. Even with this increase, the City will still be coming up short for electrical costs . There are three meters in the park and this one is strictly for 493 the ball fields and restrooms and security lights . Councilman Messenger said that WSA continues to make contributions to the park and never gets credit for it, and I would like for you to take this into consideration . We do charge a user fee on usage of the fields and need to look at the whole policy. Mr. Nelson said that all monies collected does stay in the Community Park Fund and goes to park improvements . Councilman Swartz seconded Councilman Hughes motion to table this item. 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. AN ORDINANCE ESTABLISHING FEES FOR THE RESIDENTIAL AND NON- RESIDENTIAL COLLECTION OF GARBAGE, TRASH AND BRUSH; AMENDING SECTION 7 OF ORDINANCE NO. 84-12 - FEE ORDINANCE AND REPEALING ORDINANCE NO. 90-19 AND ALL OTHER ORDINANCES IN CONFLICT THEREWITH AND AMENDING SECTION 9 OF APPENDIX A TO THE WYLIE CITY CODE; PROVIDING A SEVERABILITY CLAUSE FURTHER PROVIDING FOR AN EFFECTIVE DATE: The new contract with BFI was passed by the Council at the last meeting and lowered rates and these decreased rates need to be passed on to the customers by an ordinance. The decreased rates will become effective April 1 , 1992 . Motion was made by Councilman Simmons to approve the ordinance establishing fees for residential and non residential collection of garbage , trash and brush. 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 Hughes - in favor, Councilman Messenger - in favor, and Councilman Simmons - in favor. This motion carried with all in favor. APPROVAL OF CAPITAL IMPROVEMENTS ADVISORY COMMITTEE REPORT: Mr. Rick Hertzberger, Code Enforcement Officer stated that the Impact Fee was first adopted in 1984 and in 1987 the State become involved and set up certain guidelines and regulations of collection and usage of impact fees. The City Council adopted an ordinance in 1989 which enabled the staff to continue to collect the impact fee. Staff had to put together a 10 year plan and the engineers then put together a Capital Improvements Plan which recommended an impact fee of $2 , 200 . The Council then adopted an impact fee ordinance and the Capital Improvements Plan in June, 1990 with an impact fee of $1 , 100 . 00 which went into effect in July, 1991 . The advisory board has study the new impact fee and what it could be used for and the proper way to enforce it. The Capital Improvements Advisory Board is recommending to Council to keep the Impact Fee at $1 , 100. 00 for this time. Wylie is compatible with other cities on 494 their impact fees, with the only difference being most cities collect from the developer rather than the builder. Capital Improvements Committee will meet again in July, 1992 and in January, 1993 . Mr. Hertzberger stated at this time the City does not have the 7% growth that was anticipated , but rather a 2% growth. Building permits are picking up over last year, at this same time last year we had issued 8 permits and today we have issued 18 permits. A motion was made by Councilman Swartz to approve the Capital Improvements Report and Impact Fee of $1 , 100 .00 . 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 EARLY VOTING BALLOT BOARD JUDGE: City Secretary Carolyn Jones, stated that Mrs . Reta Beth Montgomery was already committed to work at the School election and therefore could not serve at this time. Mrs . Jones also stated that the list of names in the packet were taken from old election list and no one had been contacted about serving as Early Voting Ballot Board Judge . A motion was made by Councilman Swartz to appoint Mrs . Beth Fultz as , Judge . Seconded by Mayor Pro Tem Davis . It was suggested to appoint an alternate if Mrs . Fultz could not serve, Councilman Simmons suggested Peggy Sewell . Councilman Swartz amended his motion to reflect Mrs . Fultz or Mrs . Sewell as Judge for Early Voting Ballot Board. 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 Hughes - in favor, Councilman Messenger - in favor, and Councilman Simmons - in favor. This motion carried with all in favor. APPROVAL OF ATCHISON, TOPEKA AND SANTA FE RAILWAY CROSSING PERMIT FOR SPRING CREEK PARKWAY: Mr. Paul Beaver stated this contract is the approval of the railroad crossing for Spring Creek Parkway and that the railroad has waived the normal fee for this crossing . A motion was made by Councilman Martin to approve the contract with Atchison, Topeka and Santa Fe Railway crossing permit for Spring Creek Parkway. Seconded by Councilman Simmons. 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 PAYMENT OF $10 ,000 .00 FOR SPRING CREEK PARKWAY 44 9 EXTENSION: This is the City ' s agreed shared amount that was committed to on February 13, 1990 . The Armory has put up their $50,000 and the County needs the City' s portion, and Centennial Homes, Inc . is to put up $50, 305 . A motion was made by Councilman Swartz to approve payment of $10 ,000 .00 to Collin County for the extension of Spring Creek Parkway. 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. CITIZEN PARTICIPATION: Mayor Akin asked those who had signed up prior to the meeting to come forward as they are called and to give their name and address for the record and to keep their comments to five minutes. Any discussion must be limited to placing the item on a future agenda for consideration. Mrs . Carol McManus of 1503 Schooner Bay addressed the Council concerning the water pressure and lack of water in the Newport Harbor Subdivision. She voiced concern of fire protection due to the water pressure problem and wanted to know if Council could look into the possibility of a water tower or what ever it would take to solve the problem. Norman Wilson of 505 E. Marble addressed the Council about the zoning ordinance for the City and to look at it carefully as there is car wash going in in the middle of a residential area as well as being across the street from the Middle School and a Church . Mr. Wilson also addressed the Council about keeping control of their meetings and getting on with business . There being no other items for discussion, a motion was made to adjourn with all in favor. /em u /7 ry L-�'7Z-, John W. Akin, Mayor r ATTEST• `e�e��e��tt`jtoFicttti oI/llj�f��i 61) ej , S AL _ Carolyn s, Secretary --- 4 % ca ,� �i EIe 141/9j'E? T °.`', fiE+E `,