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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 . 434 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 43 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 ATTE �° Yy\l':tstE1F96111t1t/�/!/ ///' > Ba ara LeCocq Secre ry Li L