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10-08-1991 (City Council) Minutes CITY COUNCIL MEETING MINUTES October 8 , 1991 The City of Wylie City Council met in regular session on Tuesday October 8 , 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 Akin, Mayor Pro Tem Jay Davis, Council Members Percy Simmons, Don Hughes, Jim Swartz , Ortie Messenger and William Martin. Acting City Manager Carolyn Jones, City Attorney Steve Deiter, City Engineer Paul Beaver , Secretary Barbara LeCocq and Building Official Rick Herzberger. Father Pondant from St . Anthony' s Catholic Church gave the invocation. Councilman Percy Simmons led the Pledge of Allegiance. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO CITY OF WYLIE FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1990 - ACCEPTED BY PRUDENCE KLING, ACCTG. SUPERVISOR: Mayor Akin presented the certificate to Prudence Kling , Accounting Supervisor in the Finance Department. This is the second year in a row we have won this award. The Mayor thanked Ms. Kling for her years of service. PROCLAMATION DESIGNATING OCTOBER 19-17, 1991 AS RED RIBBON WEEK IN THE CITY OF WYLIE, RECOGNIZING THE EFFORTS OF THE TEXANS' WAR ON DRUGS AND THE GREATER DALLAS CRIME COMMISSION TOWARD ELIMINATING THE ILLEGAL USE OF DRUGS: Mayor Akin read this proclamation into the record. Councilman Martin made a motion that we proclaim October 19-17 as RED RIBBON WEEK in the City of Wylie. Seconded by Councilman Swartz . 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 . The motion carried with all in favor. CONSIDER ACCEPTANCE OF LETTER OF RESIGNATION FROM BRYAN GLENN, CHAIRMAN OF THE PARKS AND RECREATION ADVISORY BOARD: Council appreciates all Mr . Glenn' s efforts. Councilman Hughes made a motion that we accept Mr. Glenn' s resignation and send him a letter of appreciation. 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 . The motion carried with all in favor . 4 ? 6 CONSIDER APPOINTMENT TO FILL THE UNEXPIRED TERM OF BRYAN GLENN ON THE PARKS AND RECREATION ADVISORY BOARD: Councilman Hughes made a motion that this item be tabled. 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. The motion carried with all in favor. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE ESTABLISHING AN ACTIVE AND CONTINUING RECORDS MANAGEMENT PROGRAM OF GOVERNMENT RECORDS: We received a letter from the State regarding the fact that they had not received our ordinance establishing a Records Management Program. Councilman Hughes made a motion that we adopt this ordinance. 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 . The motion carried with all in favor . DISCUSS AND CONSIDER APPROVAL OF AN ORDINANCE PROVIDING FOR GUIDELINES AND RESTRICTIONS CONCERNING MAINTENANCE AND USE ...„ OF SUMS COLLECTED AND HELD BY THE CITY AS "RESERVE/CONTINGENCY FUNDS" AS PROVIDED BY CITY CHARTER: Councilman Messenger made a motion that we adopt this ordinance. 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 . The motion carried with all in favor. CONDUCT PUBLIC HEARING ON PROPOSED CHANGES TO . THE WYLIE ZONING ORDINANCE NO. 85-23A, NAMELY PROPOSED CHANGE IN THE REAR YARD SETBACK REQUIREMENT ON ACCESSORY BUILDINGS: Mayor Akin opened the public hearing and asked those wishing to speak to come forward and state their name and address for the records and to keep their comments within five minutes. There were no comments from the citizens. Mayor Akin closed the public hearing. DISCUSS AND CONSIDER APPROVAL OF THE PROPOSED CHANGES TO WYLIE ZONING ORDINANCE NO. 85-23A, REAR YARD SETBACK REQUIREMENT ON ACCESSORY BUILDINGS. APPROVED CHANGES TO BE IN ORDINANCE FORM: Councilman Swartz made a motion that we adopt these amendments to Zoning Ordinance No. 85-23A. 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 Q � 7 favor , and Councilman Simmons - in favor . The motion carried with all in favor. DISCUSS AND CONSIDER APPROVAL OF INTERLOCAL AGREEMENT BETWEEN CITY OF WYLIE AND COLLIN COUNTY WHICH WILL EXTEND SPRINGCREEK PARKWAY TO SOUTH SIDE OF COTTON BELT RAILROAD AND PROVIDE SERVICE TO PROPOSED ARMORY: Councilman Hughes made a motion that we approve this interlocal agreement between the City of Wylie and Collin County for the Armory project . Seconded by Mayor Pro-Tem Jay 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. The motion carried with all in favor . DISCUSS AND CONSIDER APPROVAL OF SEWAGE TREATMENT SERVICES CONTRACT BETWEEN NTMWD, CITY OF WYLIE AND CITY OF MURPHY: This is the project which has been discussed on several occasions by the City Council in open meeting. The City Engineer has recommended your consideration of this contract at this time and feels if the agreement is implemented, the result will be a positive cash flow for the City of Wylie. Mr . Riehn from NTMWD brought in a signed contract from Murphy this afternoon. Councilman Swartz made a motion that we approve this contract . 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 . The motion carried with all in favor. DISCUSS AND CONSIDER PROPOSED LANDFILL CLOSURE CONTRACT FROM HELMBERGER ASSOCIATES: This contact is offered by Helmberger Associates in accordance with your direction at the last City Council meeting. The City Engineer has reviewed the contract and recommends approval . The four phase contract will not exceed $46 ,500 . Councilman Martin made a motion that this contract be approved . 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. The motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Akin stated those wishing to address the Council to come forward at this time and state their name and address for the records and to keep their comments within five minutes. In accordance with the Open Meeting Act, the Council will hear comments of public interest, but any discussion shall be limited to placing the item on a future agenda for consideration. Joe Masters of 110 Douglas addressed the Council on drainage 428 problems around his property, about the condition of Douglas Street and would like to have speed limit posted and "children playing" signs . RECESSED REGULAR BUSINESS MEETING AND CONVENED COUNCIL INTO EXECUTIVE SESSION UNDER THE AUTHORITY OF ARTICLE 6252-17 V.A.C.S, SECTION 2, PARAGRAPH "E" TO DISCUSS LITIGATION CHOYA TAPP V. CITY OF WYLIE AND CITY OF WYLIE V. CHOYA TAPP: RECONVENE OPEN MEETING Councilman Simmons made a motion that we authorize the City Attorney to negoitate a settlement in the City of Wylie v. Tapp lawsuit . Seconded by Councilman Swartz . 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. The motion carried with all in favor . RECESSED REGULAR BUSINESS MEETING AND CONVENE COUNCIL INTO WORK SESSION: Discussed the possibility of the need for a new Public Works facility and the definite need for new heavy equipment. Also discussed the possibility of having to replace underground gasoline storage tanks at the service center . Discussed the need for replacement of City Lift Station at NTMWD site. Also discussed the details and need for computer programming in the Finance Department. Looked at and discussed proposed amendments to the Personnel Policy. Reviewed the 1991-92 budget and reviewed the extension of Pirate Drive. There being no other business for discussion, a motion was made to adjourn. /A/ Aer , John W. Akin, Mayor ATT T : 4\\Barbara LeCoc , Secre )ary1406 ;;;;I:k