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