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02-11-1992 (City Council) Minutes 468 MINUTES ...� REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1992 The City of Wylie City Council met in regular session on Tuesday , February 11 , 1992 at 7:00 PM in the Council Chambers of the Municipal Complex, 2000 SH 78 N. A quorum was present and notice of the meeing had been posted in the time and manner required by law. Those present were Mayor John Akin, Mayor Pro Tem Jay Davis , Councilmembers Jim Swartz , William Martin, Don Hughes and Ortie Messenger. Councilman Percy Simmons was absent. Representing the City Staff were Acting City Manager Carolyn Jones, City Attorney Steve Deiter, City Engineer Paul Beaver and Secretary Barbara LeCocq. The meeting was called to order by Mayor Akin and the Invocation was given by Rev. Jerry North of the Assembly of God Church. The Pledge of Allegiance to the Flag of the United States of America was led by Councilman Ortie Messenger. ITEM NO. 1 - CONSIDER APPROVEL OF MINUTES FOR MEETINGS HELD ON DECEMBER 28, 1991, JANUARY 14 , JANUARY 21 AND JANUARY 25, ..... 1992: Councilman Hughes made a motion to approve the minutes as submitted . Motion seconded by Councilman Swartz . Vote as follows : Mayor Akin - yes; Mayor Pro Tem Davis - yes; Councilman Swartz - yes; Councilman Martin - yes; Councilman Hughes - yes; Councilman Messenger - yes . Motion carried - all in favor. ITEM NO. 2 - CONSIDER APPROVAL OF ORDINANCE PRESENTING AMENDMENTS TO THE HOME RULE CHARTER AND NOTICE AND ORDER CALLING FOR MAY 2, 1992 ELECTION FOR MAYOR AND COUNCIL PLACES 2, 4 AND 6 : Mayor Akin expressed a concern about an appeal process for Dept . Heads who feel they have been dismissed or disciplined unfairly. Steve Deiter, City Attorney said this could be addressed in the Personnel Regulations. A motion was made by William Martin to call for the election on May 2, 1992 to elect councilmembers for places 2, 4 and 6 and to place the proposed Charter amendments on the ballot. Motion seconded by Don Hughes. Vote as follows : Mayor Akin - yes ; Mayor Pro Tem Davis - yes; Councilman Swartz - yes; Councilman Martin - yes; Councilman Hughes - yes; Councilman Messenger - yes . Motion carried - all in favor. ITEM NO. 3 - CONSIDER APPROVAL OF MEMORANDUM OF EMPLOYMENT AGREEMENT WITH STEVEN P. NORWOOD: A motion was made by _ Ortie Messenger to approve the Memorandum of Employment agreement with Steven P. Norwood . Seconded by William Martin . Vote as follows : Mayor Akin - yes; Mayor Pro Tem Davis - yes; Councilman dcC Swartz - yes; Councilman Martin - yes; Councilman Hughes - yes; Councilman Messenger - yes . Motion carried - all in favor. ITEM NO. 4 - CONDUCT PUBLIC HEARING ON BARRICADE LOCATED IN FIRST ALLEY EAST OF THE INTERSECTION OF HILLTOP AND BUTLER STREETS: Mayor Akin declared the Public Hearing open. The following residents spoke : William H. King , spoke asking for the removal of the barricade. Mr. King read a letter from his neighbor, Kerry Weeks of 308 Briarwood, also requesting the removal of the barricade . Ann Lucas, 314 Briarwood spoke requesting the removal of the barricade . Ms. Lucas read a letter (copies given to councilmembers) stating reasons she and others are requesting the removal of the barricade . Joe A. Davis, 304 Briarwood spoke stating his reasons for requesting that the barricade remain in place. Primary reason, safety of children in the neighborhood. Mr. Davis presented letters from fifteen residents in the affected neighborhood. David Morgan, 306 Dogwood Ct. ( formerly lived at 306 Briarwood) spoke requesting that the barricade remain in place. Primary reasons, safety and excessive traffic using alley as a thoroughfare . Ruby Pelton, 326 Briarwood spoke requesting the barricade be moved . She said the barricade had contributed to the deterioration of the earth alley between Briarwood Street and Hilltop Street . There being no further spokesmen, the Public Hearing was closed. ITEM NO. 5 - CONSIDER ACTION REGARDING BARRICADE LOCATED IN FIRST ALLEY EAST OF THE INTERSECTION OF HILLTOP AND BUTLER STREETS: After a brief discussion, a motion was made by Councilman Martin to table this item until staff has an opportunity to study the problem and make recommendation to the Council . Seconded by Councilman Messenger. Vote as follows : Mayor Akin - yes; Mayor Pro Tem Davis - yes; Councilman Swartz - yes; Councilman Martin - yes; Councilman Hughes - yes; Councilman Messenger - yes . Motion carried - all in favor. ITEM NO. 6 - CONSIDER APPROVAL OF PAY ESTIMATE NO. 1 TO RANDALL AND BLAKE IN THE AMOUNT OF $29,735 RELATED TO APPROVED CONTRACT FOR CLOSURE OF LANDFILL: Paul Beaver, City Engineer stated that the landfill is at approximately 65% closure. Mayor Pro Tem Davis made a motion to pay the above described pay estimate . Seconded by Councilman Swartz . Vote as follows : Mayor Akin - yes; Mayor Pro Tem 470 Davis - yes ; Councilman Swartz - yes; Councilman Martin - yes; Councilman Hughes - yes; Councilman Messenger - yes. Motion carried - all in favor . ITEM NO. 7 - CONSIDER APPROVAL OF PAYMENT OF INVOICE TO JONES AND NEUSE IN THE AMOUNT OF $2, 314.27 FOR DECEMBER SERVICES, GROUNDWATER MONITOR WELL SAMPLING: A motion was made by Councilman Messenger to pay this invoice . Seconded by Mayor Pro Tem Davis. Vote as follows : Mayor Akin - yes; Mayor Pro Tem Davis - yes; Councilman Swartz - yes; Councilman Martin - yes; Councilman Hughes - yes; Councilman Messenger - yes . Motion carried - all in favor. ITEM NO. 8 - CONSIDER APPROVAL OF REFUND FOR OVERPAYMENT OF TAXES BY FRANKLIN FIRST FEDERAL SAVINGS BANK IN THE AMOUNT OF $1 , 551.64 AND TO CHEVY CHASE FEDERAL SAVINGS BANK IN THE AMOUNT OF $742.12 : Councilman Don Hughes made a motion to refund the overpayment of taxes as described above . Seconded by Mayor Pro Tem Davis . Vote as follows : Mayor Akin - yes; Mayor Pro Tem Davis - yes; Councilman Swartz - yes; Councilman Martin - yes; Councilman Hughes - yes; Councilman Messenger - yes . Motion carried - all in favor. ITEM NO. 9 - PRESENTATION FO ANNUAL REPORT FROM DEVELOPMENT CORPORATION OF WYLIE, INC. : Jim Smith, Chairman, Development Corporation of Wylie, Inc . presented the annual report to the Council . Council accepted the report. ITEM NO. 10 - CONSIDER APPROVAL OF ENCLOSING AREA IN FRONT OF CITY ATTORNEY'S OFFICE FOR USE BY THE DEVELOPMENT CORPORTION OF WYLIE, INC. : Jim Smith of the Development Corporation stated that the City staff had suggested an area adjacent to the City Attorney' s office be enclosed to be used as the Devlopment Corp . office. Mr. Smith said the board had approved the suggestion and had approved $2500 for the construction of the office. Acting City Manager, Carolyn Jones stated that estimates had been given by two different contractors . Staff recommendation was to award the contract to Chapman Remodeling . This item was not subject to the bid requirement because it is under $5000. 00 . Councilman Don Hughes made a motion to accept the estimate of Chapman Remodeling . Seconded by Mayor Pro Tem Davis. Vote as follows : Mayor Akin - yes ; Mayor Pro Tem Davis - yes; Councilman Swartz - yes; Councilman Martin - yes; Councilman Hughes - yes; Councilman Messenger - yes . Motion carried - all in favor. ITEM NO. 11 - CONSIDER RENEWAL OF CONTRACT WITH ALLEN WEISS ENTERPRISES FOR OPERATION OF CONCESSIONS AT COMMUNITY PARK: Parks Director, Bill Nelson stated that Allen Weiss Enterprises had provided good quality service last season. The City will receive 21% of the gross concession sales. Councilman Messenger noted that he had received favorable 471 comments regarding this concessionaire. Councilman Messenger made the motion to approve renewal of the contract with Allen Weiss Enterprises for operation of concessions at Community Park. Seconded Councilman Swartz . Vote as follows : Mayor Akin - yes; Mayor Pro Tem Davis - yes; Councilman Swartz - yes; Councilman Martin - yes; Councilman Hughes - yes; Councilman Messenger - yes. Motion carried - all in favor. ITEM NO. 12 - CONSIDER INTERLOCAL AGREEMENT WITH ROYSE CITY FOR USE OF CITY OF WYLIE 'S BOMAG WITH OPERATOR: Acting City Manager Carolyn Jones stated that this agreement would be similar in content with others the City has entered into in that there would be an exchange of equipment i .e. , our BOMAG with operator for a piece of equipment from Royse City that Wylie would need . Mayor Pro Tem Davis made a motion to have staff work out an agreement with Royse City and present it to Council for consideration. Seconded by Councilman Martin. Vote as follows : Mayor Akin - yes ; Mayor Pro Tem Davis - yes; Councilman Swartz - yes; Councilman Martin - yes; Councilman Hughes - yes; Councilman Messenger - yes. Motion carried - all in favor. ITEM NO. 13 - CONSIDER REQUEST FROM SENATOR TED LYON FOR USE OF COUNCIL CHAMBERS TO CONDUCT PUBLIC FORUM: The requester, Senator Lyon asked that this item be pulled from the agenda . ITEM NO. 14 - DISCUSS SUMMER STREET PROGRAM: Acting City Manager Carolyn Jones stated that there was not any budget money designated for street reconstruction during this budget year. Councilman Hughes asked if there was any money in the budget for any "chip and seal" projects. Ms. Jones stated that there was money for street maintenance/repairs . ITEM NO. 15 - CITIZEN PARTICIPATION: There being no participation from the floor, the Mayor closed this item. ITEM NO. 16 - ADJOURNMENT: Councilman Hughes made the motion to adjourn, seconded . Mayor Akin declared the meeting adjourned. hn Akin, Mayor 00 Resp1 tfully submitted: ```y��,`,a� `°° �� 'ntirr �� '' ,_„ :arbara LeCocq, Secre. ary SEAL / „