03-09-1982 (City Council) Minutes CITY COUNCIL MEETING
MARCH 9, 1982
7:00 P.M.
The meeting was called to order by Mayor Akin. A quorum was present
and notice of the meeting had been posted for the time and manner
required by law. Those in attendance were Mayor John W. Akin, Mayor
Pro Tem William Martin, Council members Harold Eavenson, Geline Dodd,
Reta Allen and Bill Berry, City Manager Lee Vickers, City Secretary
Gail Wallace, Police Chief Royce Abbott, Fire Chief Larry Allen,
Assistant Fire Chief Mike Rawlings , and the following visitors and
residents: Tim Hemingway, Don Kreymer, Melanie Rhea, Jerry Davis ,
Bertha Howry, Robert Squires, John Ereckson, Alline Ereckson, Harold
Spence, Dick Sewell and the 4-H Club, Gene Partridge and Bob Vincent
of Texas Power & Light, and Frank Dockins of General Telephone Company.
Invocation was given by Mayor Akin.
City Manager advised Council of the need to correct the coding on an
accounts payable item. With the correction of this error, the accounts
payable and the minutes of the February 9 and February 22 Council
meetings were approved with motion made by Geline Dodd, seconded by
William Martin, all in favor.
Bids for Portable Bleachers. Sealed bids received for the purchase
"�- of portable bleachers for Wylie Community Park were opened. Bids
were received from Southern Bleachers Company, P.O. Box One, Graham,
Texas in the amount of $3,450. ; Ed Cummings & Assoc. , P.O. Box 1383,
Stephenville, Texas 76401 in the amount of $3,526. ; and Miracle
Jamieson Recreation Equipment submitted by Jim Lea & Assoc. , 1701 E.
Collins Blvd. , Richardson, Texas in the amount of $3,747. The City
Council authorized purchase of the bleachers from Southern Bleacher
Company with motion made by Harold Eavenson, seconded by Reta Allen,
all in favor. City Manager advised Council that Wylie Sports Associ-
ation had agreed to assemble the bleachers.
No bids were received for construction of small equipment storage
building and pavillion for Wylie Community Park. This item was tabled
until the March 11, 1982 meeting.
Consider preliminary and final plat for Wylwood V. Tim Hemingway pre-
sented the preliminary and final plats to Council for approval .
Mr. Hemingway informed Council this would be the last development in
the Wylwood Subdivision. The development would have 17 lots with
two cul-de-sacs, one entering from Bulter and the other from Dogwood.
City Manager made reference to a letter from Hogan & Rasor dated
February 19, 1982. He noted one basic item of concern was the need
for an eight foot alley dedication instead of the six foot indicated.
(Total alley will be 20' ) Also, the Collin County Commissioner's
engineer had informed the City the cost of paving the old cemetery
road would be $8,221. Messrs. Kreymer and Hemingway would be required
to put up one-third of that amount prior to beginning the development.
They both agreed to do so.
City Manager also informed Mr. Hemingway the concrete thickness on
street paving needed to be six inches; he did not know if the
developers would need to relocate the force main; or if a new lift
station would be constructed. He also advised that the engineers
had recommended three 30" culvert pipes for proper drainage instead
of four. As regards runoff, they would need to sod a 15' strip from
the end of the concrete flume in block bermuda sod.
In order to make the purchaser aware of any potential flooding
problem, the City Manager indicated a note would be made on the
building permits issued for this development of the low areas. Also
a sign would be posted at the entrance of the development advising
of the flood area.
The City Manager did inform the Council this would be the first
subdivision in Wylie to use lime stabilization under the pavement.
Bill Berry made a motion to accept recommendations of Planning & Zoning
Commission regarding the preliminary and final plats for Wylwood V.
The motion was seconded by William Martin, all in favor.
Portable Soccer Goals for Wylie Community Park. City Manager informed
Council the lowest bid received for soccer goals was $489. each plus
freight. The City could purchase the pipe for $100 per goal and have
them welded for $75. Therefore, the goals would cost $175 each versus
$489. The six goals would cost the City $1,050, a savings of $1,884.
William Martin made motion to authorize the City Manager to purchase —.
the pipe for goals, seconded by Harold Eavenson, all in favor.
At this point, the Mayor advised everyone present of the Park dedica-
tion to be held March 27 at 10:30 a.m. at the Athletic Complex.
Resolution Delaying TP&L Rate Increase. Mr. Bob Vincent and Gene
Partridge made a presentation to Council regarding Texas Power &
Light's requested $188 million rate increase. After some discussion,
Harold Eavenson made a motion to adopt a resolution suspending the
requested rate increase for 120 days. Motion was seconded by William
Martin, all in favor.
The Council authorized the City of Wylie to participate in both the
TP&L and General Telephone Company rate cases with motion made by
William Martin, seconded by Geline Dodd, all in favor.
Supplemental Budget Appropriation. Due to the $3,700 cost of replacing
the tank on one of the fire engines, the Fire Department needed a supple-
mental appropriation in order to pay for much needed equipment. The Council
authorized a supplemental appropriation of $3,200 to take care of overruns.
The motion was made by Geline Dodd, seconded by Harold Eavenson, all in favor.
Management Employment Agreement. The City Manager explained to Council
that the proposed employment agreement was not a contract, but merely
an employment agreement. The Resolution authorized the Mayor and City WM%
Secretary to execute and attest the agreement. Councilman Berry
affirmed that the agreement was not a contract. It only allowed
severance pay in the event of termination. Councilman Berry also
suggested the paragraph on compensatory time off be modified to indicate
prior approval by the Mayor would be required prior to the City Manager
taking any time off. Councilman Martin made a motion to adopt the
resolution and put the agreement into effect. Motion was seconded by
Reta Allen, all in favor.
Departmental reports were received.
Mayor recognized Jerry Davis who had asked to come before the Council .
Mr. Davis asked the Council , "What is the intent of the Council at
this point (illegal annexation of Birmingham Land) in view of the
publicity that this has received."
City Manager advised Mr. Davis that the mistake was his in that he
was not aware of recent changes in the annexation laws. He advised
Mr. Davis there was no need to do anything because the State Legisla-
ture would ratify the action in 1983 session. He also advised that
in order for anything to be done at this point, a person would have
to petition the District Court for a declaratory judgement rendering
the annexation illegal . The error was a procedural deficiency only.
If the Court declared the annexation illegal , the Birmingham Land
Board could again request the land be annexed and the City would go
through correct procedures by publishing notices of public hearings
and holding two public hearings. At this point, the City Manager
informed Mr. Davis that the Birmingham Trust Land was part of the City
until someone went to Court to declare it illegal .
The meeting was recess into Executive Session in accordance with
Article 6252-17, subsecion 2G, to discuss personnel matters, on
motion by William Martin, seconded by Harold Eavenson, all in favor.
The meeting was called back into public session.
Bill Berry moved the adoption of a resolution instructing City Manager
to seek qualified legal counsel as to correct deannexation procedure;
that the resolution be published as soon as feasible, and that the
Council consider deannexation within the next several days. Motion
was seconded by Geline Dodd and carried.
The meeting was then adjourned.
/ ;4'4 4-" ,-;/
hn W. Akin, Mayor
ATTEST:
Gail Wal ace, City Secretary