01-23-1990 (City Council) Minutes ? 3
CITY COUNCIL MEETING
MINUTES
JANUARY 23, 1990
The City of Wylie City Council met in regular session on
Tuesday, January 23 , 1990 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, Assist. City Engineer Ron Homeyer.
Mayor Trimble called the meeting to order and welcomed
everyone, Councilman Messenger gave the invocation and Mayor
Pro Tem Naish lead the Pledge of Allegiance.
APPROVAL OF MINUTES: Councilman Akin corrected the mintues
of January 9th to reflect his statement that was omitted :
Councilman Akin stated that the City of Wylie was fortunate
to have two fine newspapers . I then requested from each
paper information on their circulation and that this be a
part of the records. Councilman Messenger stated that there
were two newspapers in the City and we try to make it a
practice to patronize businesses in Wylie such as gas
stations and we have patronized the Wylie news for a number
of years and I believe we need to patronized the other
newpaper in town.
Councilman Swartz also corrected the minutes to reflect that
he abstained on the vote for changing from TML Health
Insurance to Blue Cross Blue Shield Health Insurance.
Motion was made by Councilman Swartz to approve the January
9th minutes with the above corrections. Seconded by
Councilman Akin. 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 .
PRESENTATION BY ADAMI , LINDSEY & CO. OF THE INDEPENDENT
AUDITOR ' S REPORT FOR FISCAL YEAR 1988-89: Mr . Darold Adami
gave the presentation of the 1989-90 audit. Mr . Adami went
over the audit by funds and stated that the overall picture
of the audit was very good.
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CANVASS OF GENERAL ELECTION FOR 1% SALES TAX INCREASE:
Mayor Trimble read the following as the results of the
January 20, 1990 :
1/2% Sales Tax Increase - Reduce Tax Rate
FOR AGAINST
Southfork Box 36 6
Methodist Church Box 140 49
Absentee Box 9 1
TOTALS 185 56
1/2% Sales Tax Increase - Improving and Promoting Economic
Development
FOR AGAINST
Southfork Box 28 14
Methodist Church Box 118 70
Absentee Box 9 1
TOTALS 155 85
A motion was made by Councilman Akin to approve the above
canvassing of the January 20 , 1990 election results .
Seconded by Councilwoman Stemple. 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 .
CONSIDER BIDS RECEIVED ON PICK UP TRUCK FOR CODE ENFORCEMENT
DEPARTMENT: City Manager Charles Norwood said that
$7 ,000 .00 was budgeted and bids received were from $7 ,200 .00
to $9,300 .00 . City Manager Charles Norwood said staff did
not get a quote from Houston. Staff recommends this item be
tabled until there is time to review the bids received .
Councilman Wright wanted to know if we could look at 4
cyclinders instead of 6 cyclinders . Mr. Johnson, Finance
Director said the bids requested 4 cyclinders and others .
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Motion was made by Mayor Pro Tem Naish to table this item.
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 .
CONSENT AGENDA: AUTHORIZATION TO RE-BID THE SIDE MOUNT MOWER
FOR STREET DEPARTMENT; APPROVAL OF ENGINEER SERVICE
AGREEMENT FOR WATER TOWER REPAINTING PROJECT; AND SEEK BIDS
FOR PAINTING THE 250,000 GALLON WATER TOWER: Councilman
Akin wanted to know if staff went out for bids on the side
mount mower . City Manager Charles Norwood said yes , but the
specifications were for the wrong type of mower .
Councilman Akin made a motion to approve the Consent Agenda
for authorization to re-bid the side mount mower, approval
of engineer serivce agreement for water tower repainting
project and to seek bids for the painting of the 250 , 000
water tower.
Councilman Swartz stated that this mower being purchased is
to be used to cut down the ditches , but in places like
Rustic Oaks this can not be used . I am not forsure we are
goingt o fulfill what we need to do. City Manager Charles
Norwood said that patricular ditch is one you can not get
into from top side, you have to get down into the bottom of
the ditch to work.
City Manager Charles Norwood said this will cut branches up
to 5 inches in diameter , and for open ditches this is the
equipment we need .
Councilman Swartz said he did not want to see us buy a piece
of equipment that just sits around and is not used.
Councilman Akin' s motion that was made to approve the
Consent Agenda was 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 .
APPROVAL OF RESOLUTION COMMITTING TO ONE RAILROAD CROSSING
ON SPRING CREEK PARKWAY AND UP TO $10 ,000 . FOR UTILITIES:
City Manager Charles Norwood said staff would like this item
to be tabled as it ties into the executive session. Motion
was made by Councilman Swartz to table this item. Seconded
by Councilman Messenger .
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Mr. Fred Roach, President of Centennial Homes, Inc. , thanked —*
the Council for their time , we appreciate your giving
Centennial the opportunity to make a big impact on the City.
It is very important that you know we have an investment of
some five million dollars in your City. We have never asked
anything from the City. Council set aside money for Spring
Creek Parkway and then you decided to move the money and I
think it is time to stand up to your committments.
Centennial has been around for some time, we gave you this
property that your building is sitting on and you gave us a
committment that you would try and build up this end of
town. I think it is the time has come to establish a
meanfulling relationship, the City made a committment and
now you have reneged. We put this money down on a firm
committment from the City that this portion of the road
would be completed . We have met our committment , now you
make yours .
Councilman Messenger said you bring up some good points and
you said that to take a vote tonight . I do not have all the
facts.
Councilman Wright said at the work session a question was
asked is this the only parcel of land . We have to look at
all locations.
Mr . Roach said we brought the National Guard in here. Mayor
Trimble said the City does not own this other piece of
property. Mayor Trimble also said if we had land, we would
have not addressed you about your land, and the City has
been looking for land for the National Guard for over a year
now.
City Manager Charles Norwood said I told the National Guard
to contact Barron Cook about the land behind us. Mr . Roach
said do you know the National Guard has a deadline of
February 1 , 1990 . City Manager Charles Norwood said yes.
Mr . Roach asked the Mayor to forgive him for his emotions
and miss quotes . We are very concerned and we did make a
committment and we feel there is a moral committment that
was made by the City. Mayor Pro Tem Naish said he did not
know there was a committment. Mayor Trimble said it is not
a legal committment and when we voted to move the money off
Spring Creek, we talked about this. Councilman Akin said he
appreciated Centennial for being in Wylie and for the
property given to the City.
Mayor Trimble called for a vote on the motion to table. 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.
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APPROVAL OF A RESOLUTION ON R-O-W CONDEMNATION FOR
WASTEWATER COLLECTION SYSTEM IMPROVEMENTS: Mr . Ron Homeyer ,
Assist . City Engineer , stated that there are 10 parcels that
we have not been able to secure R-O-W and will need to start
condemnation on. First three are on Hensley Lane, these
parties have indeciated they would give us R-O-W if we gave
them water . The next two are on Alanis. On the remainder ,
all parties are talking to each other and feel one is
getting a better deal then the other . Staff feels we need
to begin condemnation procedures on all of these properties.
Mayor Pro Tem Naish wanted to know if we had the money for
this . Mr . Johnson, Finance Director , said the money is
coming form the bonds, but it will be short of the total
amount needed .
Councilman Akin wanted to know if these properties have been
appraised by our people. Mr . Homeyer said yes, the total
appraisal exceeded the proposed budget. City Manager
Charles Norwood said we started at $150,000 and then
increased to $200 ,000 . Councilman Akin said we have no
other option but to begin condemnation.
Motion was made by Councilman Akin to proceed with
condemnation on these 10 parcels of land. 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 A RESOLUTION OPPOSING THE PROPOSED GARLAND
LANDFILL SITE: City Manager Charles Norwood stated that
several months ago the Council adopted a Resolution similar
to this one. The attorney has requested we pass another
resolution, and has sent this resolution to Council for
consideration.
Councilman Wright said the City of Garland is saying Wylie
is not in this County and should not be involved.
Councilman Wright said they have asked us to be present at
the hearings .
A motion was made by Councilman Wright to approve the
Resolution. 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 .
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APPROVAL OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY
OF WYLIE, TEXAS TAX AND WATERWORKS AND SEWER LIMITED PLEDGE
REVENUE CERTIFICATIES OF OBLIGATION, SERIES 1990 AND ALL
OTHER MATTERS RELATED THERETO: Mr . Frank Medanich of First
Southwest Investment wanted to clearify a statement made by
the auditor. North Texas Municipal Water District Bond
money is the City' s money. It is in a reserve fund to take
care of improvements to the sewer plant and you have a
contract with NTMWD to maintain and operate this plant. The
reserve funds are invested and any interest earned is
credited to your principal and interest payments on the
bonds .
Mr . Medanich said that the bond ratings have come in and the
City' s rating is "Baa" by Moody' s Investors Service, Inc.
and "BBB by Standard & Poor ' s Corporation. The bonding
companies are very happy that you have gotten the City back
on the right track. Bonding companies are impressed when
you take a stand and raise water and taxes to merit your
needs and not when you keep these rates low and cannot cover
your needs.
Mr . Medanich said he would open the bids unless there were
some questions about the Official Statement for the sale of
bonds . Mayor Pro Tem Naish wanted to correct the senior
citizens tax exemption amount , it is $30 ,000 . not $3 ,000 .
Mr . Medanich opened the following bids:
NCNB 7 .090244
Clayton Brown &
Assoc. 7 .15728
Dean Witter
Dallas 7 .1416851
Roushee Pierce 7 .304863
Bank One 7 .132239
Prudential Bank 7 .1908
Councilman Wright said he would like to recognize those who
are responsible for the audit turn around, Mayor Trimble,
Mayor Pro Tem Naish, Councilman Messenger and Councilman
Swartz .
Mr. Medanich requested a few minutes to review the bids in
order to made a recommendation to Council . Mayor Trimble -- ,,
called for a fifteen (15) minute recess.
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Mayor Trimble called the meeting back to order . Mr. Frank
Medanich recommended to the Council to award the bid to NCNB
at 7 .090244% . Councilwoman Stemple wanted to know if this
includes Public Works and Animal Control facilities. City
Manager Charles Norwood said yes .
A motion was made by Mayor Pro Tem Naish to approve the sale
of Certificate of Obligation Bonds in the amount of
$3500 ,000 to NCNB at a rate of 7 .090244% . Seconded by
Councilman Swartz . 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 , and Councilwoman
Stemple - against . This motion carried with five in favor
and two against.
APPROVAL OF AWARD OF CONTRACT TO PATE AND PATE ENTERPRISE
FOR WASTEWATER COLLECTION SYSTEM IMPROVEMENTS AND MUDDY
CREEK INTERCEPTOR LINES: City Manager Charles Norwood said
this is a project we have been waiting for. We received
several bids and would like for Mr . Homeyer to brief Council
on these bids. Mr . Homeyer said there were 10 bids received
and they ranged from $745 ,384 .05 to $1 ,182 ,947 .50 . Pate and
Pate Enterprise is qualified and is lower bidder on all
phases . Staff recommends award of bid to Pate and Pate
Enterprise. Mr . Homeyer stated that both Shimek, Jacobs and
Finklea and Hunter Associates, Inc. have reviewed all bids
and also recommend Pate and Pate Enterprise. The bid amount
fo Muddy Creek Interceptor is $745 ,384 .05 and Sanitary
Sewerlmprovemetns Phase II is $905 ,513.98 . Total amount for
all phases is $1 ,650 ,898 .03 . A motion was made by
Councilman Messenger to approve the award of bid to Pate and
Pate Enterprise in the total amount of $1 ,650,898 .03 .
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 .
APPROVAL OF AWARD OF BID FOR TRENCH SHORING EQUIPMENT:
There were two bids received on the Trench Shoring
Equipment :
Texas Contractors Supply $ 8 ,800 .00
ICM of W/FW $11 ,440 .00
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Staff recommends award of bid to Texas Contractors Supply.
A motion was made by Councilman Akin to award bid to Texas
Contractors Supply in the amount of $8 ,800 .00 . Seconded by
Couccilman 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, Councimlan Messenger - in favor, and
Councilwoman Stemple - in favor. This motion carried with
all in favor.
CITIZEN PARTICIPATION: Mayor Trimble stated anyone wishing
to address the Council to come forward at this time, state
their name and address for the record and to keep their
comments to within five minutes. There were no speakers at
this time.
COUNCIL DISCUSSION: Mayor Pro Tem Naish would like for
Council to go back and look at the way the $1 .00 donation
for the park fund is being presented. People are confused
and we need to look at the way we are presenting it . City
Manager Charles Norwood said the problem in this is the
computer system. Mayor Pro Tem Naish said he does not think
this is working. City Manager Charles Norwood said we can
delete it from water bill and then put a message on the
bills. There was an article in the ast news letter that
explained the donation. Mayor Trimble said to put an
article in the news letter that if anyone feels they have
been deceived, just ask for a credit on your next water
bill .
Councilman Messenger complimanted City Manager on the news
letter . City Manager Charles Norwood said Candi White is
doing an excellent job. Staff contributes and supports this
with articles.
City Manager Charles Norwood said at the last Council
meeting I was asked about Council Inquiries . I thought we
would begin tonight but did not make myself clear. If
Council would write out any questions you may have and give
them to me, they will be in the next packet.
Councilman Wright stated on January 9th, Councilman Akin
made two statements, City has no choice but to issue the
bonds and you have seen political elections decided on
issues such as this, and today you went on to vote no on
these obligations and did not give a reason why. Do you
have a solution on these mandates. Councilman Akin said I
do not have to answer to you. Councilman Akin said he knew
of the mandates, I have a problem with the landfill being
added on. I feel we did not do a good job on telling the
citizens about 3 .5 million. I feel we should have had more
contact with citizens . In regards to the landfill , we are
the only City having to do this, EPA has paid for the other
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cities with similar problems . Councilman Wright said he
appreciated what Councilman Akin has said.
Councilman Swartz made a statement that in the Wylie news it
is showing sign up for May election to be February 1st .
City Secretary Carolyn Jones said February 19th is first
sign up day and it is for Mayor and three Council places.
Councilman Swartz said Saturday night was the Chamber
Banquet and a lot of people were recognized , but on name was
left out and that is Bev Nemer , I appreciate what she has
done for the citizens.
Councilman Akin stated that some of the street signs are
disappearing and also after this rain we have a lot of
washed out holes. Do we not patch like we should, blow the
dirt out of the hole , put tack in it and them asphalt and
pack it down. Councilman Akin also stated he enjoyed the
newsletter and the article about matching funds at the park.
A lot of our share was done in work and time and $250 ,000
from Park and Wildlife was spent for the three lighted ball
fields. Approximately $130 ,000 was donated by other
citizens of Wylie. The last appraised value of the park was
$1 ,155 ,000 .
Mayor Pro Tem Naish expressed his concern about voting on
Saturday for those wishing to vote absentee.
Mayor Trimble recessed the regular meeting and convened
Council into a work session in the Council Conference room.
Mayor Trimble invited the public to join the Council in the
conference room for the work session on the TU rate
increase.
TEXAS UTILITY ELECTRIC COMPANY (TU ELECTRIC) RATE INCREASE:
Mr . Randy Arp of TU Electric gave a presentation on the
proposed 10 .2% rate increase. Mr . Arp gave a slide
presentation on the cost of electricty and the cost of the
new Comanche Peak plant. TU filed January 16th with Public
Utility Commission and every Council has 35 days to take
action on this filing. TU' s request to the Council is to
pass an Ordinance to concur with final decision from PUC.
There is another option , and it is to pass a resolution to
suspend action up to 90 days and at the end of 90 days you
have to take action to support or oppose the increase. TU
Electric also request that you do not pass an ordinance on
what we have filed, but to state in your ordinance you will
concur with PUC.
Mr . Jerry Morgan from TU Electric said we have to abide by
the law and the regulating authority is over the rural areas
of the State of Texas. The rates set at PUC is for rural
areas . The last time TU went to PUC for an increase was in
1984 .
3-2
Mr . Arp stated the proposed increase to the City' s Municipal
Complex would be as follows :
1989 new rate
Municipal Buildings $34,000 . $38,000 .
Municipal Pump & Haul $27,000 . $27,000 .
City Street Lights $44 ,000 . $46,000.
Guard Lights $31 ,000 . $39 ,000.
Mr. Arp stated the over all increase would be approximately
6% to the City. Mr . Arp thanked the Council for their time.
Mayor Trimble recessed the open meeting and convened Council
into Executive Session at 11 : 10 P.M. under the authority of
ARticle 6252-17 V.A.C.S. , Section 2 paragraph "F" Real
Estate - land purchase.
Mayor Trimble reconvened Council into regu - session at
11:54 P.M. , there being no other mat discussion, a
motion was made to adjourn with all ' •r .
V {�` Chuc Trimble, Mayor
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ATTEST :
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1011
III IMO
Carol Jo ity Secretary