No preview available
03-17-1987 (City Council) Minutes 161 .. CALLED CITY COUNCIL MEETING - MINUTES MARCH 17, 1987 7 :00 P. M. The Wylie City Council met in a called session on Tuesday, March 17 , 1987 at 7 :00 P.M. in the Reta and Truett Smith Library. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Joe Fulgham (arrived late) , Council Members William Martin, Calvin Westerhof , and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson. Councilman Crane was absent due to illness. Mayor Trimble called the meeting to order and Councilman Westerhof gave the invocation. PUBLIC HEARING ON THE SANITATION FRANCHISE CONTRACT : This contract will take the place of the one with Moore Industrial . This contract has been written by the City Attorney for the City of Wylie and has been reviewed by the city staff. BFI has bought Moore Industrial and is requesting a new contract. Along with this contract is the settlement for the landfill. As Council will recall , the landfill was leased by Moore Industrial with the understanding that they would be responsible for the permit and upkeep of this property under the terms of the lease agreement. Moore has defaulted on the terms of the lease agreement and is behind in their payments to the City of Wylie. BFI is giving the City of Wylie a $25 ,000. settlement for the landfill lease agreement . Moore Industrial is behind in payments in the amount of $43 ,125 .00 . Later on this evening the Council will also be asked to grant a rate increase to BFI for the refuse services. Mr . John Akin, 303 N. Keefer said he was Mayor at the time this contract was negotiated. Moore was concerned about doing two livings, one was to be allowed to open the City of Wylie' s old ==landfill and the other was to build a building for their offices as well as for the City of Wylie Public Works Department. These buildings were to be built on the front of the old landfill property. Moore agreed to pay the lease payments on the landfill and to be responsible for the permit and all the work that needed to be done on this property. I believe that BFI should have checked the situation out more before purchasing Moore Industrial . Since BFI has bought out Moore, then I believe it is their responsibility to pay the lease agreement to the City of 162 Wylie. It is bad business to do this sort of thing to people and BFI should pay what is due to the City of Wylie. City Manager Gus Pappas said if it went to court it would be based on the oral conversation with Moore. There are witnesses as to what was said in the meetings with Moore. City Manager Gus Pappas said Mayor Akin did warn Moore to check the agreement before signing it and be sure that was what they wanted. Councilwoman Donovan wanted to know how many vendors there were that could bid on this contract . Finance Director James Johnson said four or five in this area. The City of Wylie' s contract is up with BFI (Moore) in November, 1987 . Mr. Johnson also stated that this new contract has several things in it he has tried to get done in the past year. One is the complaints go directly to BFI and the another is that BFI would bill the dumpster customers. Councilwoman Donovan wanted to see Council go out for bids. Mr . Johnson said Council could go out for bids, but there were procedures to follow. A representative from BFI said that BFI did do a thorough investigation prior to purchasing Moore Industrial. Moore did not tell BFI anything about a lease agreement with the City of Wylie for the landfill . BFI has been operating at a very low rate for about six months, and do want to work with the City of Wylie. City Manager Gus Pappas stated that Council has a right to go out for bids, but the bids coming in will probably not offer any lower rates than what BFI is offering. BFI rates are very compatible to the other cities around us. The services offered are standard. Council should be aware that if the landfill is not settled, it will constitute a lawsuit. If we loose in court, it may mean paying back all monies that the City has collected on this agreement . Councilman Martin wanted to know at the time BFI purchase Moore should the City have gone out for bids at that time. Mr . Johnson said no, the staff checked with the City Attorney and since the City was under contract with Moore and BFI purchased their contracts, we did not have to go out for bids. Mr. Johnson said that BFI could not operate on the rates that the City is now paying. Mr. Johnson said he did the rate study himself and he would not recommend BFI operating on the existing rates. If Council does not sign the contract, BFI could give us a 30 days notification and then we would have no refuse collection for the City of Wylie. 163 The representative from BFI said that they handle twenty-six (26) cities in this area and their rates are a lot higher than what Wylie is paying . Mayor Trimble asked Mr . Johnson the total loss value to date. Mr. Johnson said the loss through February, 1987 was $43 ,125.00 . Mayor Trimble asked Mr. Johnson what the 5 year contract loss would be. Mr. Johnson said he would have to figure that. Mayor Trimble wanted to know if the Council could go after the five year contract . Mr. Johnson said no, only what is delinquent. Mayor Trimble called for other questions or comments. There being none, the public hearing was closed. SETTLEMENT AND CANCELLATION OF EXISTING LANDFILL CONTRACT: Councilwoman Donovan said her understanding is that if we went to Court and won, the city would get $43 ,125 . plus. Mr. Johnson said no, just what is delinquent. City Manager Gus Pappas said the settlement offers you to keep all monies collected in the past plus $25,000 . from BFI . BFI is paying $25,0000 of the $43,125 . that is delinquent. If you accept this then the lease will be void. City Manager Gus Pappas stated that Council did have the right to go into executive ' session and discuss this matter with the City Attorney. Councilman Martin said he was not prepared to vote on this matter tonight. Motion was made by Councilwoman Donovan to table this item until later . Seconded by Councilman Martin. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Martin - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor to table. AWARD OF SOLID WASTE (SANITATION) FRANCHISE: Motion was made by Councilman Martin to table this item. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor to table. PUBLIC HEARING ON THE RATE TO BE CHARGED FOR SANITATION SERVICES IN THE CITY OF WYLIE: Mayor Trimble opened the public hearing, there being no questions or comments, the public hearing was closed. APPROVAL OF SANITATION RATE ORDINANCE: Motion was made by Councilwoman Donovan to table this item. Seconded by Councilman Westerhof. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor - Councilman Westerhof - in favor , Councilman Martin - in 164 favor, and Councilwoman Donovan - in favor. This motion carried with all in favor to table. .•• City Manager Gus Pappas asked Council for a date to try and set up a meeting with the City Attorney. Monday, March 23 , 1987 at 7 :00 P. M. was decided on by the Council . APPROVAL OF FINAL PLANS FOR THE MUNICIPAL COMPLEX: Councilwoman Donovan wanted to know if now was the time to decide on the smoking - non-smoking for the new city complex. City Manager Gus Pappas read the results of the survey taken from the City Employees on smoking - non smoking in the new city complex. Motion was made by Mayor Pro Tem Fulgham to approve the final plans for the municipal complex . Seconded by Councilman Westerhof. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. Councilwoman Donovan brought up the subject of the new signs needed for the school zone areas and which ones were needed. Mr. Johnson was given a list of the signs. Also bought up the fact that there was no crossing guard at Highway 78 . City Secretary told the Council that she has advertised and the school has put articles in their monthly newsletter but as of this date no one has applied for the position. Councilwoman Donovan also wanted to know the cost of putting in the two hundred (200) feet of sidewalk at the Birmingham Elementary School . The school has told Councilwoman Donovan that they would pay part of this. Also, doesn' t the side walks have to go in in Commercial areas. City Manager Gus Pappas said there are no side walks in the sub division ordinance where commercial property is being built. Councilwoman Donovan wanted to know if the ordinance could be amended for this . City Manager Gus Pappas gave to Council the book on Roberts Rules of Order and a memo with a list of other cities that had been contacted about their rules of procedures. City Manager Gus Pappas also told Council about a meeting in Austin on Friday at 2:00 P.M. with the Texas Water Commission Board. If any of the Council would like to go, please let me know in order that arrangements might be made. Motion was made' to adjouxn with all in o v � v � husk Trimble, Mayor AT ST : ikkLIE `p\���`� 4■11 it%Mw ►� Caro y, on-s, ity ecretary