11-12-1991 (City Council) Minutes 433
CITY COUNCIL MEETING
MINUTES
November 12 , 1991
The City of Wylie City Council met in regular session on
Tuesday November 12, 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, Ortie Messenger and William Martin. Acting City
Manager Carolyn Jones, City Attorney Steve Deiter, City
Engineer Paul Beaver , Finance Director Brady Snellgrove , and
Secretary Barbara LeCocq.
Reverend David Blakey from the Jesus Name Pentecostal Church
gave the invocation.
Mayor John Akin introduced and welcomed a group of students
from Birmingham Elementary and their teachers. Mayor Akin
asked this group of students to lead us in the pledge of
allegiance.
CONSIDER APPROVAL OF MINUTES FROM MEETINGS HELD ON SEPTEMBER
10, 17 , 24, 27 AND OCTOBER 8, 1991: There being no
additions or deletions Councilman Hughes made a motion that
the minutes be approved as presented. Seconded by
Councilman Messenger. The vote was as follows : Mayor Akin
- in favor , Mayor Pro Tem Davis - 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 APPROVAL OF PROCLAMATION, PROCLAIMING WEEK OF
NOVEMBER 21 THRU NOVEMBER 28, 1991 AS THE FOURTH ANNUAL
CHRISTIAN CARE WEEK IN THE CITY OF WYLIE: The Mayor read
the proclamation and proclaimed November 21 through November
28 , 1991 as Christian Care Week. The Mayor presented the
proclamation to Ms. Nell Cardwell, Ms. Kathleen Moore and
Mr . David Blakey , representatives from the Christian Care
Center.
CONSIDER APPROVAL OF A MONTH-TO-MONTH LEASE AGREEMENT, AT
THE EXISTING RATE, WITH THE COMMISSIONER'S COURT OF COLLIN
COUNTY FOR OFFICE SPACE IN THE WYLIE MUNICIPAL COMPLEX:
Councilman Hughes made a motion that we continue the month-
to-month lease agreement with the County at the current
rate . Seconded by Councilman Martin. The vote was as
follows : Mayor Akin in favor, Mayor Pro-Tem Davis - 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 .
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CONSIDER APPROVAL OF A RESOLUTION NOMINATING CANDIDATES FOR
THE BOARD_ OF DIRECTORS FOR COLLIN COUNTY CENTRAL APPRAISAL
DISTRICT: The Mayor suggested Bob Shinn, Councilman
Simmons suggested Donald Rodenbaugh and Mayor Pro-Tem Davis
recommended Moses Shillow. Mayor Pro-Tem Davis made a
motion that we vote all 40 votes for Moses Shillow.
Seconded by Councilman Simmons. The vote was as follows:
Mayor Akin - in favor, Mayor Pro-Tem Davis - 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 APPROVAL OF ORDINANCE ENACTING ACCESSORY BUILDING
AMENDMENTS TO THE CITY OF WYLIE ZONING ORDINANCE: These
amendments were approved by the Council at the meeting held
on October 8 , 1991 . At that time, the staff had requested
that these amendments be done by Ordinance - this is the
Ordinance, prepared by the City Attorney, confirming those
changes approved by the Council on October 8 . Councilman
Martin made a motion that we adopt these amendments to the
ordinance. Seconded by Councilman Hughes. The vote was as
follows : Mayor Akin - in favor, Mayor Pro-Tem Davis - 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 APPROVAL OF ORDINANCE AUTHORIZING RECURRING "UP-
DATED SERVICE CREDITS" IN THE TMRS SYSTEM Recently, the
State legislature approved a bill allowing cities to adopt
the updated service credit on a recurring basis, making it
unnecessary to adopt an ordinance each year. This
ordinance, if approved by the Council , will be in effect
until there is some change i .e. , a change in the City' s
matching rate, a change in the employees' contribution rate
or until such time as the Council chooses to discontinue it
by ordinance. The City has traditionally adopted the
updated service credit on an annual basis. With the
adoption of this ordinance, the City' s contribution rate
will be 4 .28% . We are currently at 4 .44% . Councilman
Messenger made a motion that we adopt this ordinance.
Seconded by Councilman Martin. The vote was as follows:
Mayor Akin - in favor, Mayor Pro-Tem Davis - 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 APPROVAL OF AGREEMENT BETWEEN CITY OF WYLIE AND
COUNTY OF ROCKWALL FOR FIRE PROTECTION FOR CITIZENS IN THE
NORTHWEST PORTION OF ROCKWALL COUNTY: This is to continue
the agreement we have had with Rockwall County for fire
protection. A motion was made by Councilman Messenger and
seconded by Mayor Pro-Tem Davis. The vote was as follows:
Mayor Akin - in favor , Mayor Pro-Tem Davis - 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 APPROVAL OF INTERLOCAL AGREEMENT WITH CITY OF
ROCKWALL FOR PURPOSE OF CITY OF WYLIE ENTERING A JOINT
BIDDING PROCESS FOR TWO (2) POLICE PATROL CARS WITH CITY OF
ROCKWALL: Councilman Hughes made a motion that we sign
this interlocal agreement. Seconded by Councilman Martin.
The vote was as follows : Mayor Akin - in favor , Mayor Pro-
Tem Davis - 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 PAYMENT OF INVOICE NO. 9167A FROM HELMBERGER
ASSOCIATES IN THE AMOUNT OF $1,567.50 FOR PROFESSIONAL
SERVICES FOR PREPARATION OF CONTOUR MAP OF OLD WYLIE
LANDFILL: Councilman Martin made a motion that we approve
this claim for payment. Seconded by Councilman Messenger.
The vote was as follows : Mayor Akin - in favor , Mayor Pro-
Tem Davis - 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 APPROVAL OF FINAL PAYMENT IN THE AMOUNT OF $5,500
TO GILBERT WELCH FOR DAMAGE TO HIS PROPERTY DURING
CONSTRUCTION OF MUDDY CREEK INTERCEPTOR: Councilman
Messenger made a motion that we approve this payment with
the stipulation that a release form go with it. Seconded by
Councilman Martin. The vote was as follows : Mayor Akin -
in favor, Mayor Pro-Tem Davis - 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 PAYMENT OF INVOICE #22746 TO HUNTER ASSOCIATES,
INC. FOR PROFESSIONAL SERVICES RELATED TO SMOKE TESTING THE
CITY S SANITARY SEWER SYSTEM IN THE OLD SECTION OF WYLIE:
We smoked tested about 65 thousand feet of sewer line in
the old portion of town and the 15" parallel line that goes
down to the City' s treatment plant . We can justify about
$565 ,000 dollars worth of work. Looks pretty tight for us
receiving any money from a grant . Councilman Hughes made a
motion that we pay this invoice. Seconded by Councilman
Martin. The vote was as follows : Mayor Akin - in favor ,
Mayor Pro-Tem Davis - 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 PROPOSAL FROM JONES & NEUSE, INC. TO PERFORM 4TH
QUARTER WYLIE LANDFILL MONITORING WELL SAMPLING, REQUIRED BY
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TEXAS DEPARTMENT OF HEALTH. PROPOSED "NOT TO EXCEED" AMOUNT
IS $5,700: Councilman Martin made a motion that we accept
this proposal "not to exceed" amount is $5, 700. Councilman
Messenger seconded. The vote was as follows : Mayor Akin -
in favor, Mayor Pro-Tem Davis - 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 PROPOSAL FROM LANE & ASSOCIATES TO PERFORM
APPRAISAL SERVICES FOR RIGHT-OF-WAY ACQUISITION ALONG ALANIS
LANE, DIRECTLY RELATED TO THE LANDFILL CLOSURE. TOTAL COST
OF APPRAISALS, $6,500: Appraisals will be done on an as
need basis. The City Engineer and the City Attorney will
begin negotiations for right-of-ways . Councilman Hughes
made a motion that we approve this proposal from Lane &
Associates for $6 ,500 . Seconded by Councilman Messenger .
The vote was as follows : Mayor Akin - in favor, Mayor Pro-
Tem Davis - 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 AUTHORIZATION TO SEEK BIDS FOR LEASE OF EQUIPMENT
TO BE USED IN CAPPING OF OLD WYLIE LANDFILL: Councilman
Hughes made a motion that this item be moved to the
workshop.
CONSIDER RATE INCREASE FOR TCI CABLEVISION, TO BE EFFECTIVE
JANUARY 1, 1992: There were two representatives from TCI
Cablevision. Mayor stated that the service was not good
and the initial commitments were not made. We have a 25
year contract . We have no choice in regard to the rate
increase. No action necessary on this item.
DISCUSS AND CONSIDER GROUP HEALTH INSURANCE FOR CITY
EMPLOYEES: We have been unable to get a firm quote from
Sanus until they do a health card on each employee. We have
a couple of employees and/or dependents that might not pass.
Doctors are limited . We do not know price of what we are
buying. Councilman Messenger made a motion that we accept
Cigna as the Health Insurance Carrier for City Employees.
Seconded by Mayor Pro-Tem Davis . The vote was as follows:
Mayor Akin - in favor, Mayor Pro-Tem Davis - 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 AMENDMENTS TO THE PERSONNEL POLICY FOR
THE CITY EMPLOYEES: Councilman Hughes made a motion that
this item be tabled . Councilman Messenger seconded . The ..,.
vote was as follows : Mayor Akin - in favor, Mayor Pro-Tem
Davis - in favor, Councilman Martin - in favor, Councilman
Hughes - in favor , Councilman Messenger - in favor, and
437
Councilman Simmons - in favor. The motion carried with all
in favor .
DISCUSS AND CONSIDER SOLUTIONS TO DRAINAGE AND SANITARY
SEWER PROBLEMS FOR SOUTHPLACE ESTATES: The City Engineer
pointed out that Southplace Estates does not have sewer.
There is a problem with sewer and drainage easements
between the developer of Twin Lake subdivision and
Southplace subdivision. Councilman Simmons made a motion
that this item be tabled . Councilman Martin seconded the
motion. The vote was as follows: Mayor Akin - in favor,
Mayor Pro-Tem Davis - 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 REVISED MONTHLY FINANCIAL REPORT FOR CITY OF WYLIE:
Finance Director Brady Snellgrove made a presentation and
stated that he would later have a special report on the year
end. No action necessary.
DISCUSS AND CONSIDER SOFTWARE MAINTENANCE FOR FINANCIAL
COMPUTER SYSTEM: The Finance Director made a presentation
on what he felt we needed to do until such time as new
software can be purchased and installed . Continue to use
Mr. Hensley and call Mr . Dunlop if Mr . Hensley needs his
assistance . No action taken.
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.
No citizen participation.
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" PENDING LITIGATION WITH
SOUTHFORK MOBILE HOME PARK AND CHOYA TAPP VS. CITY OF WYLIE
AND CITY OF WYLIE VS. CHOYA TAPP AND UNDER V.A.C.S, SECTION
2, PARAGRAPH "G" PERSONNEL MATTERS - EMPLOYEE VIOLATIONS OF
PERSONNEL REGULATIONS:
RECONVENE OPEN MEETING:
Councilman Simmons made a motion that the City of Wylie
settle the City of Wylie v. Choya Tapp lawsuit according to
the recommendations of the City Attorney and that is
withdraw the lawsuit . Seconded by Mayor Pro-Tem Davis.
The vote was as follows : Mayor Akin - in favor , Mayor Pro-
438
Tem Davis - 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.
Councilman Martin made a motion that the City Attorney
continue with the action against Southfork Mobile Home Park.
Seconded by Mayor Pro-Tem Davis. The vote was as follows :
Mayor Akin - in favor, Mayor Pro-Tem Davis - 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.
RECESS REGULAR BUSINESS MEETING AND CONVENE COUNCIL INTO
WORK SESSION:
Consider authorization to seek bids for lease of equipment
to be used in capping of old Wylie landfill and equipment
being rented (needed) in Public Works. Paul Beaver made a
presentation on the equipment needed to do the work at
landfill .
Discuss Regional Wastewater Treatment Plant and other
wastewater problems . Acting City Manager gave the Council a
report on a meeting she and Councilman Simmons attended on
November 6, 1991 . ..
There being no other business for discussion, a motion was
made to adjourn.
ti2
4 John W. Akin, Mayor
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