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12-12-1989 (City Council) Minutes 1 CITY COUNCIL MEETING MINUTES DECEMBER 12 , 1989 The City of Wylie City Council met in regular session on Tuesday, December 12 , 1989 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 Chuck Trimble, Mayor Pro Tem Bud Naish, Council Members Pat Stemple, Jim Swartz , Ortie Messenger, Steve Wright and John Akin, City Manager Charles Norwood, City Secretary Carolyn Jones, Finance Director James Johnson, Code Enforcement Officer Roy Faires , Assist . City Engineer Ron Homeyer and Frank Medanich of First Southwest . Mayor Trimble called the meeting to order and welcomed everyone attending the meeting and introduced Eric Stevens who is attending the Council meeting which is required in earning his Community Citizenship Badge in Boy Scouts. Councilman Wright gave the invocation and Councilman Swartz led the pledge of allegiance. APPROVAL OF THE MINUTES OF THE NOVEMBER 28 , 1989 COUNCIL MEETING: Mayor Pro Tem Naish corrected the October 17th minutes to reflect that the City would provide the materials and the County would provide manpower and equipment . Mayor Pro Tem Naish also corrected the statement about the sales tax in the November 14th minutes was made by Councilman Wright and not by Mayor Pro Tem Naish. Mayor Pro Tem Naish wanted his statement to be added to the section of appointment to board as follows in the future that the people wishing to serve on boards be contact prior to the meeting . There being no other corrections or additions, a motion was made by Councilman Akin to approve the November 28th minutes as corrected. Seconded by Mayor Pro Tem Naish. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor , Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Wright - in favor, Councilman Messenger - in favor , and Councilwoman Stemple - in favor. This motion carried with all in favor. APPOINTMENT OF A RECORDS MANAGEMENT OFFICER (RMO) : City Manager Charles Norwood stated this was added to the open meetings law and Cities are mandated by State to appoint a Records Management Officer . Staff recommends Carolyn Jones. Motion was made by Councilman Akin to appoint Carolyn Jones as Records Management Officer . Seconded by Councilwoman Stemple. 2 Councilman Swartz asked what this was going to do to Carolyn ' s work load. City Manager Charles Norwood said after a seminar it should not be any additional work load and there is no extra money involved for her . Mayor Trimble called for a vote on the above motion. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Wright - in favor , Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This motion carried with all in favor . AUTHORIZATION FOR STAFF TO SEEK COMPETITIVE BIDS FOR A SIDE MOUNT MOWER FOR THE STATE DEPARTMENT: City Manager Charles Norwood stated this item is in our current budget and council has allowed $12 ,000 for it . It will enable staff to improve the ditches and keep them cleaner. Motion was made by Councilman Messenger to grant authorization for staff to seek bids for a side mount mower. Seconded by Councilman Swartz . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Wright - in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in favor . This motion carried with all in favor. AUTHORIZATION FOR STAFF TO SEEK PROPOSALS FOR CODE BOOK OF ORDINANCES: City Manager Charles Norwood said this is not a budgeted item, it is an expenditure of $10,000 to $12 ,000 to codify our ordinances. There are several companies that do this and I have talked to some of them. It will take 8 to 9 months to complete it . City Manager Charles Norwood recommends this to be funded out of the Council Reserve. Councilman Messenger stated that Council has talked about this before and thought it would be more money. City Manager Charles Norwood said he has interviewed Municipal Code and they have said $10,000 to $12 ,000. Motion was made by Councilman Swartz to authorize staff to seek proposals for code book of ordinances. Seconded by Councilwoman Stemple. Mayor Trimble wanted to know if after its completion, and the Council passes an amendment would this be put in the codification. City Manager Charles Norwood said the Company will send a supplement out when we have amendments. Councilman Wright stated to try to have our computers compatible to their computers . 3 Mayor Trimble called for a vote on the above motion. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor , Councilman Akin - in favor , Councilman Swartz - in favor , Councilman Wright - in favor , Councilman Messenger - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . AUTHORIZATION FOR STAFF TO SEEK BIDS ON AMBULANCE CONTRACT: City Manager Charles Norwood said staff needs some direction on what level of service Council wants . Councilman Messenger said everyone wanted to go with ALS. Councilman Akin said to try an keep the options open. Mayor Pro Tem Naish wanted to know if ALS has different standards . Mr . Johnson, Finance Director said yes , BLS is a lesser service and if you want to do an alternate bid at the end of the package, state that you wish to have BLS bid also. BLS will not provide the quality of care that the Council and the Committee has talked about . Mayor Trimble said there is no multiple service of ALS , it is either ALS or BLS. Mr . Johnson said ALS can be handled with EMT with spec skills or have it mandated to have a paramedic on each shift. You can dress up the ALS such as making them carry special equipment for children. Mr . Johnson said the insurance is a critical section of this document. Mr. Johnson also stated the down side of a long contract is you are with the same company but it also has up side that the contractor has a longer time period to pay off his equipment. This drives down his overall contract cost. Councilwoman Stemple said the Council agrees that we get the best service there is and I know money wise we have to go without a lot of things we would like to have, but I like the comfort of knowing if I get sick I will be taken care of . Mayor Trimble said to restructure this and bring it back. Councilman Akin wanted to know if we have provisions for a company to establish their own site. Mr . Johnson said yes. Mayor Pro Tem Naish said a problem with all the vehicles on one side of town and you can' t get across town when a train is coming through. Mr . Johnson said this is an issue we need to look at and also how many reserve ambulances you want in town. Councilman Akin wanted to know how the County funds are coming in. Mr . Johnson said there are several ways to do this . Mr . Johnson also said the County subsidy is about to double for Wylie Ambulance District , it is $16 ,000 and I understand it is going to $31 ,000 plus Lucas is giving Lifeline a subsidy also . Councilman Wright said we need to keep the options open and then we can see what we have to cut and what we can keep. 4 Motion was made to table this item by Mayor Pro Tem Naish. Seconded by Councilman Wright. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Wright - in favor, Councilman Messenger - in favor , and Councilwoman Stemple - in favor. This motion carried with all in favor to table. APPROVAL OF RESOLUTION APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION: The issuance of certificates of obligation in the principal amount not to exceed $3 ,500,000 for the purpose of paying contractual obligations to be incurred for the construction of public works, to wit: improvements and extensions to the City' s combined Waterworks and Sanitary Sewer System, including the installation of sewer interceptor lines and related facilities and capping the City' s landfill to conform to the State' s requirements , purchasing and acquiring land and a building for City' s utility department and paying contracts for professional services, such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City' s combined Water works and Sanitary Sewer System. City Manager Charles Norwood said he has given Council a report on the break down in three phases as follows : 2 Million for wastewater collection improvements, 1 .3 Million for landfill closure and $200 ,000 for relocation of the service center , of these three proposals, the wastewater collection improvements and the landfill closure have been mandated by the State. City Manager Charles Norwood said in July, 1987 the city received an enforcement order from the Texas Water Commission, addressing the collection system and the need to improve and eliminate the pump and haul operation. In May, 1989 the city received a second enforcement order which was on the collection system. This enforcement order also handed down a penalty the city would be charged per month for continuing the pump and haul effective Jan. 1 , 1990 and this penalty is $500 .00 per month. This enforcement order also stated that the city would be charged $1 ,900 for each bypass reported, and this penalty will increase to $2,900 per occurrence and the administrative penalty will increase to $1 ,000 per month if the conditions have not been corrected by January, 1991 . City Manager Charles Norwood also stated that the landfill closure will entail the relocating of Alanis Rd, utilities, legal fees and submittal of closure plan to the State, plus attorney fees. It is impossible to determine what the final cost of closing the landfill will be until the final plans have been submitted to and approved by the State. 5 City Manager Charles Norwood said the city is in dire need of relocating the service center to a more desirable location. Beside the present facility being totally inadequate for today' s needs , it is also necessary for the fuel tanks to be replaced . These tanks are well over 25 years of age and the city must meet the new state laws governing fuel tanks . City Manager Charles Norwood stated if the Council elects to go ahead with the 3 .5 million the advantage in securing the total funds are: 1. to split this would add additional cost of $25,000 , 2 . Bond rators believe cities should plan in advance 3 . while we do not know what dates we will have to begin closing the landfill , we need to have the funds available 4 . also interest earned will off set interest we are paying for the CO ' s 5 . interest rates will be more competitive at this time 6 . smaller amounts of bonds will be harder to acquire the insurance. There is a lot of advantages as to go with the entire amount rather than a smaller amount . It is recommended that the approximate $326,000 in principal and interest be paid from the following : $6 .00 per month per customer from water/sewer rates $2 .00 per month from garbage rates $ .03 tax increase If Council opts not to increase the tax rate, it would be necessary to add an additional $2 .25 to the garbage rate or a total increase of $4 .25 above the present rate. Mayor Pro Tem Naish stated in looking at paying off this , if we keep this separated , the utility fund from the general fund which is what part of this council did two years ago, 2.5 million on sewer the sewer treatment plant my calulations are that by $5 .00 per month increase with 2700 customers this would bring in approximately $162 ,000 . and with the pump and haul with the lift stations , we will be going from 11 lift stations to 7 lift stations and with the finding of some of our water loss will add additional revenues, it looks like we need to generate closer to $80 ,000 to $100 ,000 instead of $200 ,000 . 6 Councilman Messenger said I do not fore see any tax increase being necessary. Mayor Pro Tem Naish stated if the pro rate impact fee studies comes through this will help. Councilman Akin said we need to depend on people coming in not going out of town. Mayor Pro Tem Naish said we have been discussing this for several years , we were not here when we annexed and etc, but we are mandated to take care of this. With the impact study, this may help. Councilman Swartz said if elected or not, this wastewater collection system has to be done, land fill has to be closed properly and public works building has to be moved due to the grounds. We do not have a choice it has to be done. The citizens will have to pay for it. Councilman Akin said in 1970 the health department was suppose to have found drums in the land fill and in 1980 they gave the city a permit to operate the land fill and in 1985 our neighbors made TV and was not closed down. We are guided by a situation we do not have any control so don ' t blame other people. We have straighten things out . City Manager Charles Norwood said the city has no choice on the 3 .5 million , it is just a matter of how to pay it back. Mayor Pro Tem Naish said we do have some light at the end. Mayor Pro Tem Naish also stated that if we are going to have to move public works building , we need to look at a new ^" animal shelter at the same time. City Manager Charles Norwood said Sachse has completed a new public works facility and we are talking with them on a joint venture for an animal shelter . Mayor Pro Tem Naish asked Mr . Johnson the approximate cost of an animal shelter . Mr. Johnson said you would have to hire an architect to design the building , the estimated cost would be $75,000 . You might reduce this cost if you go with metal building instead of brick. Councilman Akin said next year with Sanden getting involved it will bring in more revenue. Mayor Trimble said we need to look at the worst case and not bet on the come. Councilman Messenger said if the payments start in February, 1991 do we need to change the wording. City Manager Charles Norwood said no, just need to tell our financial advisor . Councilwoman Stemple wanted to know if we were going to look at other options on paying for this. City Manager Charles Norwood said yes , when we get closer to budget time , we will have a better picture. Councilman Swartz said this was the last of our problems to over come unless somthing jumps out we do not know about and then we can begin to look at streets and other things we need to get done. Mayor Pro Tem Naish wanted to add the Animal Shelter to this Resolution. 7 Motion was made by Councilman Messenger to approve the Resolution with the addition of the animal shelter . Seconded by Councilman Wright. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor , Councilman Akin - against , Councilman Swartz - in favor , Councilman Wright - in favor , Councilman Messenger - in favor , Councilwoman Stemple - in favor . This motion carried with six in favor and one against . Mr . Frank Medanich said the resolution gives Council authorization to take action on January 23 , 1990 on the sale of these bonds. APPROVAL OF A RESOLUTION ALLOWING THE CITY TO TAX ALL TANGIBLE PERSONAL PROPERTY AS DEFINED IN SAID PROPOSED AMENDMENT ADDING SECTION 1-J TO ARTICLE VIII OF THE TEXAS CONSTITUTION AND IN SECTION 11 .251 TEXAS TAX CODE IN THE TAX YEAR 1990 AND EACH YEAR THEREAFTER: City Manager Charles Norwood said this is a resolution that will allow the city to tax certain properties that cannot be taxed beginning in 1990 . This was passed on the November ballot. We do not know what will be exempt as of this date. Councilman Messenger said when will they know what is exempt. City Manager Charles Norwood said Central Appraisal can give us an estimate before the next tax year . Councilman Wright wanted to know if we could put a time limit on this resolution. City Manager Charles Norwood said no you can no, you can come back later on and recend it . Motion was made by Councilman Akin to approve the Resolution allowing the city to tax all tangible personal property as defined in said proposed amendment. Seconded by Councilman Wright. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Wright - in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in favor . This motion carried with all in favor. APPROVAL OF AMENDMENT TO ORDINANCE NO. 88-28 SECTION 3 (d) (REGARDING ENGINEER TRUSS) : City Manager Charles Norwood said at the last Council meeting staff was asked to meet with engineers and bring back a recommendation . Mr . Ron Homeyer said that this has been discussed in great lenghts and have found that the code does allow degrees of flexibility under which the buidling official can allow alternate methods of construction. The key is that any deviation needs to be cretified by an Engineer that will state the structure meets and complies with the code. The issue here is wheather or not to allow trusses on 24$ centers . The code addresses this and says a double top plate is not adequate. It would be a bad decision if Code allowed this . . Mr. Homeyer said 24 " center spacing of trusses can be allowed provided there is a certification from an Engineer. Our recommendation is to leave the 8 ordinance as amended a few weeks ago with 16" centers for ceiling joists unless there is an Engineers certification on it. Mr . Homeyer said 24" centers can be allowed as alternate construction provided an Engineer certifies the plans. The key is do we put this burden on the building official or do we build on 16" centers . Is it right for economics alone to do this and not look at health, safety and welfare of our citizens . Mr . Kevin St. John, owner of Rushin Truss Company, said it is very obvious that you have not framed a house. Mr . St . John said there is no way you can line up everything on a house. Mr. Homeyer said you have separation of studs to where the load is over a stud. Mr . St . John said he does not understand why the City of Wylie is different from other cities. The Engineer said you should not do this and tonight you do not have him here because you are not doing what he said. City Manager Charles Norwood said the Engineer met with us and this is his recommendation. Mr. St. John said that is not what he said in the Council meeting. Mayor Pro Tem Naish said there is a developer building behind me, are they using trusses. Mr . Faires said not now, they have changed. Councilman Messenger said the Engineer said the code stressed the quality of wood and that 85% of the County is using the Uniform Building Code. Mr . Homeyer said Uniform Building Code uses trusses with clear instructions if truss is off the stud 5 ' you have to put in plat/blocking between the studs. If you want to fall back on the Code Department we can, but it will take more man power and inspections. Councilman Akin asked Mr . St. John what he has waited until now. Mr . St. John said we have never had a problem with it, I bought the company five years ago and we have done forty or fifty jobs and all of them have been on 24" centers and nothing has every been said to us. My own house is built on 24" centers and the fire station the City has , we gave you the trusses. Mr . Faires said he became aware of this about two years ago when we adopted these codes . I have been enforcing it since then. Councilman Swartz said the man here before said we need to stick with Uniform Code and I think we should do it. Councilman Messenger said Rushin Truss has not had their inspection yet , they are in the process of getting it now. Mr . Faires said the problem with a stick built house is you can see a grade mark on each piece of lumber and on a truss you may not see this mark on each piece of lumber. Mr . St . John said you are not going to cut your truss from a long piece of lumber. Councilman Wright wanted to know if Code Enforcement officer can go in and inspect the truss plant . 9 Mr . St. John said he was open from 6 :00 A.M. to 5 : 00 P.M. and you can come in anytime. Mr . Faires said he has no authority to go in and inspect the plant. Councilman Messenger said need to go with Uniform Building Code since all of these concerns are addressed in there. Mr . Faires wanted to know if it was Council intension to go strickly by the building . Councilman Messenger said on what we are talking about now. Mr . Faires said on ceiling joists . Councilman Messenger said he did not understand how 85% of the country could be using the code if it is not good. Mayor Pro Tem Naish said this goes back to that this is the minimum, how many people will buy a house and know what the grade of wood is or if it is a 2x6 or 2x4 . This is where we relie on the building inspectors. Mayor Trimble you can relie on him. Mayor Pro Tem Naish said I know we can relie on him but what if he can not make it and a house is going up. Mayor Trimble said we will just have to do our job. Councilman Wright read the following statement "while it is true that the key is effective code enforcement I have seen the result of minimum standards in other communities and have overlooked discrepencies that crop up at a later date" . I think this is something that has to be considered. If we adopt the UBC part or partial , what we will end up with is a minimum standard house if it is built correctly. Mayor Trimble said it also goes back to the inspection, if it is not inspected then we failed . Councilman Swartz said you come across this about one and half years ago, what code was you using . Mr . Faires said the Uniform Building Code. Councilwoman Stemple asked Mr . St. John if he has been making trusses for five years and have there been any failures . Mr . St. John said he has never had a problem on a truss except a flat roof truss and it was put in backwards. Councilman Akin said we don ' t want to over look the fact that Mr . Faires was brought here to enforce the code, he did not adopt the code, he just enforces the code. Councilman Wright wanted to know if the City could require a live load put in the trusses . Mr . Faires said you can require it. Mr . Faires said if Council wanted to give minimum standards only, then that is what he will do. Mr. Faires said he has always wanted to give more than minimum. 10 Motion was made by Councilman Messenger to approve the Uniform Building Code. Seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Wright - against, Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This motion carried with six in favor and one against . APPROVAL OF A PAYMENT REQUEST FROM HUNTER ASSOCIATES, INC. : This payment request is in the amount of $4 ,966.25 for improvements to wastewater collection system on the extension of Southfork Mobile Home Park lines. Staff recommends approval . Motion was made by Councilman Akin to approve the payment request in the amount of $4 ,966 .25 to Hunter Associates, Inc. Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor , Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Wright - in favor, Councilman Messenger - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . STATUS REPORT ON WASTEWATER COLLECTION SYSTEM IMPROVEMENTS: Mr . Homeyer said staff has received bids, the lower bid on each phase was from the same company. The total bid package is $1 ,651 ,000 .00 and Mr . Homeyer stated staff was ready to recommend award of bid as soon as the funds are available. �* As far as easements we are working on them, but looks like four to eight parcels will have to go into condemnation. Councilman Akin wanted to know if these parcels will hold up the project. Mr . Homeyer said no it will not hold up the project . Mayor Pro Tem Naish said in condemnation you can go ahead with the project . Councilman Swartz said with the company that has all three phases , will contract state they work on three phases at once. Councilman Akin wanted to know when start up time was. Mr. Homeyer said as soon as the money is available and probably be the last part of February, 1990 . Mayor Pro Tem Naish wanted to know how much of the bid was for new growth. Mr . Homeyer said he did not have it broken down like that , he would have to break it out . Mr . Homeyer stated that the wastewater treatment plant was complete at this time. City Manager Charles Norwood stated one thing to point out , we have not resolved San Antonio Savings project as yet . CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing to address the Council to come forward at this time, to state their name and address for record and to keep their comments to within two minutes. There were not speakers at this time. 11 COUNCIL DISCUSSION: Councilwoman Stemple wanted to know if there had been any figures on the park improvement fund. Mr. Johnson said the figures are not put together yet, but estimated $800 . to $1 ,000 per month. Councilwoman Stemple also requested in the near future put on the agenda to recognize the Volunteer Firemen. Councilman Messenger wanted to know how the new board members were contacted . City Secretary Carolyn Jones said a letter went out with their first packet . Councilman Messenger requested this letter be sent out earlier if possible. Councilman Messenger wished everyone a Merry Christmas and a Happy New Year . Councilman Wright wanted to know if anything had been done on the Council Inquiries . City Manager Charles Norwood said staff will be using these after this meeting . Councilman Swartz stated the Christmas Parade was very nice and was one of the best . Councilman Akin said only complaint was the flat bed truck in front of the barber shop . Councilman Swartz also wished everyone a Merry Christmas and a Happy New Year . Councilman Akin wanted to know when the election for the sales tax increase was. City Manager Charles Norwood said January 20, 1990 . Councilman Akin also wanted to know if there had been any thought given to passing a resolution to show support from the Council on this. Also to get the Chamber to show their support through the papers. Councilman Swartz said the Chamber needs to take a stand. Mayor Trimble said to remember it started with Economic Development Board and the Chamber has to be careful as they are an entity. Councilman Akin stated Council is passing up citizens on the list wishing to serve on Boards , need to have Carolyn call these people and see if they still want to serve. Councilman Akin wished everyone a Merry Christmas and a Happy New Year . Mayor Trimble also wished everyone a Merry Christmas and a Happy New Year . 12 Mayor Trimble recessed the regular meeting and convened Council into a work session on the Section 5-6 , 6, 7 , 8 , and 9 of the proposed Personnel Regulations and that the work session would be conducted in the Council Council room and all citizens were welcomed to come. PERSONNEL REGULATIONS : Section 5-6 : Leave for Hazardous Weather Conditions, need to add that the employee must call in when he/she is not able to make it in . Section 5-7 B: Occupational Disability or injury Leave (Worker ' s Compensation) . The following replaced 5-7B - "After the aforementioned seven (7 ) days, the employee shall be paid the difference between his regular salary and any Worker ' s Compensation payments received for such injury for six months. After six months the injured employee will be reviewed and at this time may only receive worker ' s Compensation payments, depending upon the out come of the review" . Section 5-15: Group Insurance - the insurance will become effective the first day of employment, there will be no waiting period. Section 6-6: Demotion B. add employee is demoted with pay. After some discussion, it was noted by Council that there was a need to add a separate section for Drug/Alcohol Abuse. There being no other matters for dis • . on, a motion was made to adjourn with all in favor. 40 0°.1/7 Afr Chuck Trimble, Mayor i ,4S i is I mtilff ATTEST : \`���iti i' i''f,���ii r , / 4:71--_.:31 , .i//.I ..a•H.Ai ;j , - Carol • o• - - , ity Secretary