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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. 24 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 . 29 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 . 26 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. 27 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 . 28 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. 29 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 30 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 31 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 S ATTEST : .. a s k 1011 III IMO Carol Jo ity Secretary