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02-26-1991 (City Council) Minutes 297 CITY COUNCIL MEETING MINUTES FEBRUARY 26, 1991 The City of Wylie City Council met in regular session on Tuesday , February 26 , 1991 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 Don Hughes , Council Members Pat Stemple, Percy Simmons, William Martin, and Chuck Wible, City Manager Bill Dashner , City Secretary Carolyn Jones , City Engineer Paul Beaver . Mayor Akin called the meeting to order and the invocation was given by Rev. Dennis Pollock, of Christ Community Church, followed by the Pledge of Allegiance. PROCLAMATION FOR TEXAS PUBLIC SCHOOL WEEK - MARCH 4 - 8, 1991 : Mayor Akin read the following proclamation into the record and made presentation: WHEREAS, Texas has historically been dedicated to a strong system of education and for 40 years special emphasis has been placed upon education with the observance of Texas Public Schools Week; and WHEREAS, The 1990 ' s and beyond hold the responsibility for Texans to meet the opportunities and demands for the future; and, WHEREAS, A joint effort must be made by parents, schools and the community working together toward a common commitment for preparing our children to be tomorrow' s leaders ; and WHEREAS, Parents and taxpayers are encouraged to visit the public schools the week of March 4- 8 , 1991 , to recognize the impact that out educational system has on our community; and NOW, THEREFORE, I , JOHN W. AKIN, MAYOR OF THE CITY OF WYLIE, DO PROCLAIM THAT MARCH 4 - 8 , 1991 IS TEXAS PUBLIC SCHOOL WEEK IN THE CITY OF WYLIE, and that all citizens are urged to take an active interest in the school system and cooperate with school officials in preparing tomorrow' s leaders . ? 9 ° APPOINTMENT OF ELECTION JUDGES FOR MAY 4, 1991 COUNCIL ELECTION: The persons appointed as Election Judges will serve a two year term, May, 1991 City Election and through the May, 1992 City Election. The persons being presented to the Council are Helena Isbell for Precinct Nos . 27, 56 & 83 and Barbara Balcom for Precinct No. 25 . A motion was made by Mayor Pro Tem Hughes to approve Helena Isbell and Barbara Balcom as Election Judges . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . INDEMNITY AGREEMENT WITH PATE AND PATE CONSTRUCTION CO . AS A PART OF THE GILBERT WELCH CLAIM RECONCILIATION: Pate and Pate Construction Co. has proposed that the City of Wylie withhold $6,000 of the amount of retainage that is currently being held. This amount is $35, 217 . 10 . This $6,000 will go toward the payment to Mr . Gilbert Welch in the amount of $16,500 . Staff is seeking authorization to execute the agreement . A motion was made by Councilman Simmons to approve the Indemnity AGreement with Pate and Pate Construction Co . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin -in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . TORT CLAIM FOR PROPERTY DAMAGE AGAINST THE CITY AND AUTHORIZE PAYMENT AND AUTHORIZE SEEKING REIMBURSEMENT UNDER THE CITY 'S LIABILITY INSURANCE CARRIER: This tort claim has been filed by Mr . Gilbert Welch and is in the amount of $16,500 as a part of the settlement on alleged damage and losses during the construction of and installation of a sewer line. This claim by law had to be filed as a tort claim in order for payment to be made. Staff will seek reimbursement from the City' s public liability insurance carrier. The following notation appears on the settlement for claim: "Since this settlement amount with the City is not adequate to cover the cost of sodding as required by the Easement Agreement, I plan to sprig or plug and then overseed . This amount will also be sufficient to cover the cost of fertilizing and watering as may be required in the case of dry weather" . A motion was made by Councilman Simmons to approve the tort claim in the amount of $16,000 . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor. This motion carried with all in favor . "'^ 299 REVIEW OPINION FROM FIRST SOUTHWEST COMPANY ON 1990 BOND FUNDS INTEREST EARNINGS AND 1988 BONDS FOR _POSSIBLE LOWERING OF WATER AND SEWER RATES AS DISCUSSED BY THE CITY COUNCIL: First Southwest Company has submitted the following information on the use of bond interest earnings: 1. Interest earnings from the 1990 $3 .5 bond fund may be used to help lower water and sewer rates. 2 . That trust indenture setting up the 1988 bond issuance does not stipulate a sewer sur charge, therefore, the sur charge pass thru of $5 .00 could be reduced thereby lowering the water and sewer bills . 3 . To buy back a portion of the 1990 bonds would not be advisable under existing market conditions. PAYMENT OF CLAIM FOR PURCHASE OF THREE (3) NEW 1991 POLICE PATROL CARS: The City has accepted delivery of the three (3) 1991 Chevrolet Caprice patrol vehicles and these units have now been fully outfitted and placed in service. The amount of the bid award for these three vehicles is $44 ,997 . A motion was made by Mayor Pro Tem Hughes to approve payment in the amount of $44 ,997 to Ray Chevrolet. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. ADOPTION OF ORDINANCE ENABLING CITY EMPLOYEES ON AN AS NEEDED BASIS TO BUY BACK INTO THE TEXAS MUNICIPAL RETIREMENT SYSTEM: If this ordinance is adopted by the Council it will allow City Employees that leave Municipal Government and at a later date come back into Municipal Government an opportunity to contribute to the fund the amount they would have contributed with continuous service in order to qualify for retirement longevity benefits. A motion was made by Councilman Simmons to approve the Ordinance enabling City Employees on an as needed basis to buy back in to the Texas Municipal Retirement System. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . FINANCIAL REPORT FOR PERIOD ENDING JANUARY 31 , 1991 , FOURTH MONTH FY91 : The first four months of this fiscal year the City has received overall revenue of $2 ,685 ,000 . During this same period of time the City has expended $1 ,557 ,690 with a positive balance of $1 , 127 ,000 . This expenditure figure does not include the debt service amount that was made on February 15, 1991 in the amount of $680 , 000 . The Soo City is 33% through the budget year and not counting debt ...,. service payment which will reflect in the February report the City has expended 26% of total projected budget revenues. The City has received 45% of projected budgetary revenues . CONSIDER HIRING FULL TIME BUILDING SUPERINTENDENT IN PLACE OF JANITORIAL SERVICE: The City currently has a contract for janitorial service which expires on March 31, 1991 . This contract is costing the City $23,000 per year . Staff is not satisfied with the frequency and quality of service provided for City Hall and the Library and the Public Works Complex . Staff believes there would be much better service to the City if there was a full time building superintendent on staff. A motion was made by Councilman Simmons to approve the hiring of a full time building superintendent and to terminate the existing janitorial contract . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - against , Councilman Martin - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with five (5) in favor , and one (1) against. ADOPTION OF A RESOLUTION TO CONTINUE THE NORTH EAST AREA DRUG INTERDICTION TASK FORCE PROGRAM: This resolution is for continued participation in the North East Area Drug Interdicition Task Force , which includes the cities of Rockwall , Greenville, Wylie, Rowlett, and Commerce and also Kauffman, Rockwall and Hunt Counties . The Task Force consists of one sergeant, four investigators (undercover) , and one secretary. During the last two quarters of operations, the Task Force has seized $108 ,058 in street value narcotics, $41,260 in currency, $300 in weapons, and $18 ,900 in asset forfeitures. A motion was made by Mayor Pro Tem Hughes to approve the Resolution to continue the North East Area Drug Interdiction Task Force Program. Seconded by Councilman Wible. The vote is as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. FINAL PAYMENT CLAIM FROM SHIPLEY AND INHOFE ON LANDFILL CLOSURE ACTIVITIES: This final payment claim is in the amount of $2 ,501 .38. A motion was made by Councilman Martin to approve final payment claim in the amount of $2,501 .38 to Shipley & Inhofe. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor. 3 0 1 PAYMENT OF CLAIM FOR CONSULTING ENGINEER ON NEWPORT HARBOR SEWER LINE ENGINEERING: There are three invoices in this payment claim which is in the amount of $16,955 .19 and is payable to Shimek, Jacobs & Finklea. These invoices are for the months of September through December , 1990 . A motion was made by Mayor Pro Tem Hughes to approve the payment claim in the amount of $16,955 .19 . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . REPEALING PREVIOUSLY ADOPTED ORDINANCE ON DESIGNATION OF HISTORICAL LANDMARK LOCATION AS IT HAS TO DO WITH WYLIE HISTORICAL LANDMARK PRESERVATION PROGRAM: The City Council at its meeting of February 12 , 1991 adopted an ordinance, but since then have been in touch with the Texas Historical Commission and there are certain guidelines to follow for drafting Historical Preservation Ordinance and the City failed to take the following steps : 1 . In the selection of the designation of the 100 blocks of North and South Ballard Street the City of Wylie did not conduct a public hearing. 2 . In the selection of the district as noted about the property owners of record were not notified. 3. Since this is considered overlay zoning the Planning and Zoning Commission should be consulted . Mr . John Spillyards of 301 N. Jackson stated that the Historical Commission did not intend to change zoning, wanted to encourage everyone to fixed up their property , but wanted to stay away from the guidelines of the State standards . The Commission did not want to place any obligations on the property owners . The Commission just wanted to honor the property owners , not put an obligation on them. A motion was made by Councilman Simmons to repeal the Ordinance on Designation of Historical Landmark Location. Seconded by Councilwoman Stemple. THe vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - against, Councilman Martin - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with five in favor and one against . CITIZEN PARTICIPATION: Mayor Akin invited those wishing to address the Council to come forward at this time and to state their name and address for the record and to limit their time to five minutes. 302 Mr . Jim Swartz of 506 W. Jefferson addressed the Council on the courtyard being dedicated to the veterans and nothing has been done about putting a plaque up for this. Requested Council to set up a committee to work on this. Bart Peddicord of 104 Douglas, spoke to Council on the Veterans Plaque and said the Veterans of Wylie worked on this for approximately 60 hours and collected approximately $7 .85 . Mayor Akin recessed the open meeting and convened Council into Executive Session under the Authority of Article 6252- 17 V.A.C.S. , Section 2 paragraph "g" personnel - discuss and consider Employment of a full time City Attorney. Mayor Akin reconvened Council into open Session at 8 :25 P.M. HIRING OF CITY ATTORNEY : A motion was made by Councilman Martin to approve the hiring of Keith Stretcher of Midland as City Attorney. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor. There being no other matters of business, a motion was made to adjourn at 8:35 P.M. �/ John W. Akin, Mayor /i ATTEST : Carolyn ones ty Secretary= m y