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02-13-1990 (City Council) Minutes '37 CITY COUNCIL MEETING MINUTES FEBRUARY 13, 1990 The City of Wylie City Council met in regular session on Tuesday , February 13 , 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 Steve Wright, Ortie Messenger , Pat Stemple, Jim Swartz and John Akin, City Manager Charles Norwood, City Secretary Carolyn Jones, Finance Director James Johnson and Assist. City Engineer Ron Homeyer . Mayor Trimble called the meeting to order and Councilman Akin gave the invocation with the Pledge of Allegiance led by Councilman Wright . APPROVAL OF MINUTES OF THE JANUARY 23 , 1990 MEETING: Councilman Wright corrected his statement under council discussion as follows : After Councilman Akin' s statement of not having to answer to Councilman Wright, Councilman Wright stated "that you may not have to answer to me, but you owe and explanation to the citizens of Wylie" and also that Mr . Akin remarked that we should have had a work session on this that he felt the landfill should not have to be covered by the city. Councilman Wright statement at the end of this discussion was "Councilman Wright said I am a man who can be persuaded by intelligent reason and I would appreciate your bring your concerns before Council before a vote is taken" . Motion was made by Councilman Messenger to approve the minutes with the above corrections. 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 PROCLAMATION FOR FINANCIAL AWARENESS WEEK - FEBRUARY 12 - 18 , 1990 FOR TEXAS ASSOCIATION OF STUDENTS FINANCIAL AID ADMINISTRATORS: A motion was made by Councilman Akin to approve the proclamation for Financial Awareness Week February 12- 18 , 1990 . 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 . 311 Mayor Trimble read the proclamation for the record as --� follows : WHEREAS, The City of Wylie has a strong commitment to the intellectual growth and career development of all its populace; and, WHEREAS, The City of Wylie has fostered the development of an impressive complement of post secondary education and training; and, WHEREAS, A network of students financial assistance programs, consisting of grants, scholarships, loans and jobs, has provided access to educational and training opportunities for students each year; and, WHEREAS, The Texas Association of Student Financial Aid Administrators is conducting a series of informational programs for parents, students and the general public to make them aware of the availability of financial assistance; and, NOW, THEREFORE, I , CHUCK TRIMBLE, MAYOR OF THE CITY OF WYLIE, TEXAS, do hereby proclaim February 12- 18, 1990 as FINANCIAL AID AWARENESS WEEK, in the City of Wylie, Texas, and encourage parents, students, community leaders and educators to support and participate in appropriate activities. In witness whereof I have hereunto set my hand and caused this seal to be affixed. Mayor Chuck Trimble APPROVAL OF A PROCLAMATION FOR SANDEN INTERNATIONAL, INC. DAY, FEBRUARY 20 , 1990 IN THE CITY OF WYLIE: Councilman Wright read the following letter for the record: "LETTER TO THE EDITOR I would like to take this opportunity to thank Sanden International for their past, present and future contributions to the City of Wylie. In 1989 the City received $8 ,188.04 while the W. I .S .D. received $16,615.73 in tax revenues. The January 1990 payments were $47 ,564 .67 to the city and the school district received $108,841 .67 . In January, 1991 the City of Wylie will receive a projected total of $210,900 .00 while the School District is conservatively estimated to received $483 ,491 .67 at the present tax rate and even with the rollback, the Sanden revenues will total $437 ,807 .42 . Proclaiming February 20th as Sanden International day in the City of Wylie is hopefully only the beginning of much more recognition to come. Thank you Sanden for choosing Wylie! ! We are proud to have you aboard! ! ! Steve Wright , City Council" Motion was made by Councilman Wright to approve the proclamation for February 20 , 1990 as Sanden International , Inc . Day in the City of Wylie. 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. Mayor Trimble read the proclamation into the record as follows : WHEREAS, Sanden International , Inc. has completed two phases which will move their plant and office areas to the City of Wylie; and, WHEREAS, Sanden International , Inc. will have several hundred employees for its operation; and, WHEREAS, Sanden International , Inc. will enhance the tax base with their tax dollar; and , WHEREAS, Sanden International , Inc. has dressed up West FM 544 entrance into the City of Wylie with their buildings and landscaping; and, WHEREAS, Sanden International , Inc. will enhance a wide variety of areas and organizations throughout the City of Wylie with job opportunities and group support; and NOW, THEREFORE, I , CHUCK TRIMBLE, MAYOR OF THE CITY OF WYLIE do proclaim FEBRUARY 20 , 1990 AS SANDEN INTERNATIONAL, INC. DAY in the City of Wylie, Texas . In witness whereof I have hereunto set my hand and caused this seal to be affixed. Chuck Trimble, Mayor Mayor Trimble presented the proclamation to representatives from Sanden International , Inc. Mr . Bob Wallace Jones thanked the Council for the proclamation from the Wylie and Japan Plants . Mr . Jones stated that he hoped Wylie would come to appreciate Sanden being in their community. APPROVAL OF CLEAN UP WEEK IN THE CITY OF WYLIE - APRIL 21, 1990 : Mayor Pro Tem Naish wanted to know if BFI had been contacted about the clean up day. City Manager Charles Norwood said yes, they will bring extra containers and pick up extra items (refrigerators, stoves, washers/dryers , etc . ) during this week. City Manager Charles Norwood also stated that Collin County is also conducting a clean up week during March and Council may want to change our date to match the week for the County. They are sponsoring clean up on March 31 . Mayor Pro Tem Naish wanted resolutions to support both clean up days . Motion was made by Mayor Pro Tem Naish to 36 set up clean up week for the City of Wylie for the week of March 31st. Councilman Messenger wanted to know if this was going to be organized or just extra trash pick up. City Manager Charles Norwood said to appoint someone to organize this and Mr . Bart Peddicord would probably work as coordinator. Councilman Akin wanted the staff to check with the County about helping . Councilman Swartz seconded the above motion made by Mayor Pro Tem Naish and also wanted to know if Code Enforcement Department could address some of the areas that need to be cleaned up. Councilman Akin said also the newspapers have helped in the past to advise the citizens where the extra containers would be and where to call for extra pick ups. Councilwoman Stemple requested that BFI let us know where the citizens can recycle the things they will not pick up. 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 . CONSENT AGENDA: The items on the consent agenda were: Approval of an Agreement for Mutual Aid in Disaster Assistance with the Cities of Allen, Anna, Fairview, Farmersville, Frisco, Lucas, McKinney, Murphy, Parker, Plano, Princeton, Royse City, Melissa and Wylie; approval of call for an Election and Notice of Election for May 5, 1990 for Mayor and Council Places 2, 4 , and 6; authorization for staff to seek competitive bids for Uniform Rental Service; authorization for staff to seek competitive bids for Janitorial Services Contract; authorization to seek annual contract bids for concrete and asphalt; and authorization for Councilman Steve Wright to represent Council in presenting Resolution No. 90-1-23-90-3 opposing proposed Garland Landfill site at public hearing for same. Mayor Pro Tem Naish would like the bids for Uniform Rental Service and Janitorial Services Contract to have an option for two years if the City is satisfied with their service. City Manager Charles Norwood said staff can do that, but if the price is going up the second year , we want to have an option to re-bid . Councilman Wright stated that there were some members of the "Save our Community" committee with us tonight , and I would like to make a statement concerning the item of authorizing myself to present the Resolution at the public hearing. Councilman Wright' s statement was as follows : " I am proud to be a part of the opposition to the proposed Garland Landfill . I believe all of us have a duty to protect our environment and the health and welfare of those around us. In my opinion to stick a dump in a developed area next to a creek is wrong . My sincere appreciation goes out not only to my fellow councilmembers for their unanimous support for the two Resolutions we have passed, but also to all our citizens that have fought this dump since the beginning . I would like to recognize this group for coming" . A motion was made by Councilman Wright to approve the consent agenda . 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 AN ORDINANCE APPROVING RATE SCHEDULES AND SERVICE REGULATIONS FOR TEXAS UTILITIES ELECTRIC COMPANY, PROVIDING AN EFFECTIVE DATE THEREFORE, PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES AND SERVICE REGULATIONS MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN , FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW, AND DECLARING AN EMERGENCY OR APPROVAL OF A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES AND SERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY, PROVIDING THAT THE RATE SCHEDULES AND SERVICE REGULATIONS OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION, DECLARING THE PRESENT INTENT OF THE GOVERNING BODY OF THIS MUNICIPALITY WITH RESPECT TO SAID PROPOSED RATE SCHEDULES AND SERVICE REGULATIONS PROVIDING FOR NOTICE HEREOF TO SAID COMPANY , AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW: Councilman Akin wanted to know if PUC has changed their policy. City Manager Charles Norwood said no, the City has original jurisdiction on setting rates . The Council can suspend for 90 days or pass an Ordinance stating you accept what PUC hands down as the rate. Mayor Trimble said Mr . Arp has asked the Council not to set a rate but to adopt an Ordinance that accepts what PUC sets. City Manager Charles Norwood said some cities have passed the Ordinance leaving the rates up to PUC. Staff recommends passing the Resolution to suspend for 90 days . 3s A motion was made by Councilman Swartz to approve the ..� Resolution to suspend for 90 days. Councilman Wright said he discussed with the City Manager and Mr . Arp that section 2 of the Ordinance and Section 3 of the Resolution are saying the same so either way , if we go with the Ordinance or the Resolution and delete Section 3 , we are saying go with PUC or do our own rate study. Councilman Wright said he received information from City of Arlington on an independent rate study. What I am saying is do first Ordinance or if we go with Resolution to delete Section 3 . Councilman Wright said he would like Council to have a second to the motion, vote no and then have a motion to approve the ordinance. Mayor Pro Tem Naish said there is no reason for a second and then vote it down. If there is no second then there is no vote. Councilman Akin seconded the motion made by Councilman Swartz to approve the Resolution suspending the rate increase for 90 days . 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 . Mr. Arp stated that is was a long process to go through and that TU stands ready to answer any questions that you may have or to help you in any way we can, so please give us a call if we can be of help. APPROVAL OF A RESOLUTION DECLARING THE RESULTS OF THE JANUARY 20, 1990 ELECTION FOR 1% SALES TAX INCREASE: City Manager Charles Norwood said the resolution is at the request of the State Comptroller ' s office. Motion was made by Mayor Pro Tem Naish to approve the Resolution declaring the results of the January 29, 1990 election for 1% sales tax increase. 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 . 39 APPROVAL OF A RESOLUTION SUPPORTING THE LOCATION OF THE NATIONAL GUARD ARMORY AND AGREEING TO FUND THE CONSTRUCTION OF SPRING CREEK PARKWAY RAILWAY GRADE CROSSING AND THE EXTENSION OF UTILITIES ACROSS THE ATCHINSON , TOPEAK, SANTA FE RAILWAY LINE: City Manager Charles Norwood stated that the Council had two resolutions before them. The one handed out tonight states that the City will be responsible for the railroad crossing on the St . Louis Southwestern and that this would be contingent upon the National Guard building on this site. Motion was made by Mayor Pro Tem Naish to approve the Resolution stating the City would be responsible for the railroad crossing on the St . Louis Southwestern and would be contingent upon the National Guard building on this site. Seconded by Councilman Swartz . Councilman Messenger wanted to know if the National Guard had ruled out the other sites. City Manager Charles Norwood said yes. 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 . APPROVAL OF A REFUND OF $782 .53 TAX DOLLARS TO WYLIE HWY. 78 JOINT VENTURE: Mr . James Johnson said the Property Tax Code stated that when refunds are over $500 .00 the Council has to take action on refunding. This company paid the March figure with penalties which has made an over payment of $782 .53 . Motion was made by Councilman Swartz to refund $782 . 53 to Wylie Hwy. 78 Joint Venture for over payment of taxes . 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 . APPROVAL OF AWARD OF BID FOR PICK UP TRUCK FOR CODE ENFORCEMENT DEPARTMENT: City Manager Charles Norwood said staff received several bids on this truck. Staff recommends the bid of $9 ,384 .00 from Klement Dodge for the Dodge Dakota. Motion was made by Councilman Akin to award the bid to Klement Dodge for the Dodge Dakota in the amount of $9,384 .00 . 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 . 40 STATUS REPORT ON WASTEWATER COLLECTION SYSTEM IMPROVEMENTS: --o+ Mr . Homeyer stated that the final payment to North Texas Municipal Water District has been held up as the aspirators are not working properly, and this is being corrected. The contractor has posted all bonds and executed all contracts for the wastewater collection system improvements. Work should begin on one phase within a few weeks and the second phase should begin within a month. On the 10 parcels of land for condemnation, staff has resolved all but four (4) parcels. We will begin condemnation on these four right away. Staff has also hired a new inspector that will be on the job everyday. Councilman Wright wanted to know if the equipment being taken out could be put in the City' s inventory. Mr. Homeyer said yes, this is part of the contract . Mr. Homeyer said that San Antonio Savings and Loan has agreed to the Agreement and their attorneys are reviewing it now. CITIZENS PARTICIPATION: Mayor Trimble invited anyone wishing to address the Council to come forward at this time, state their name and address for the record and to limit their comments to five minutes. A representative from the "Save our Community" committee came forward and thanked the Council for their support and for the resolution to back their committee. COUNCIL DISCUSSION: Mayor Pro Tem Naish stated that in the 1988-89 budget year the police department requested bids for two police cars and at that time the department opted to by one car and use the money for raises. Since we have the warrant officer maybe we should pick up this other car . City Manager Charles Norwood said he thinks we need to wait until later in the year . Revenues are coming in for two cities, but Wylie' s is slow coming in but we are working on this . Councilman Swartz wanted to know the maintenance on the police cars . City Manager Charles Norwood said he was not sure, he has not had a chance to look at his budget . Mayor Pro Tem Naish said back when we were talking with BFI and wanting a recycling program, has staff received a report from them. City Manager Charles Norwood said BFI has completed it and will be at our next meeting. Councilwoman Stemple wanted to know if there has been a decision on where we are going to put Public Works and Animal Control . Councilwoman Stemple wanted to know if the new Church that is trying to start up and using the Community Room, are they paying for this. City Manager Charles Norwood said they are paying $72 .00 a week. 41 Councilman Wright wanted to know if it was possible for us to see Planning and Zoning agendas before their meeting. Councilman Swartz wanted to know if the two new police cars had come in. City Manager Charles Norwood said one car has come in and the other should be in any day. Councilman Akin stated that he went to the Fire Station and there has been roof damage. We need to get this corrected . Councilman Akin wanted to know if we are doing any work in the old fire station. Mr . Johnson said that Mr . Larry Allen turned in a purchase order request and the roof is being repaired . The same contractor is going to repair the roof at the old fire station. The total repairs on both buildings is under $1 ,000 . Councilman Akin wanted to know if the firemen are covered by insurance. City Manager Charles Norwood said they are covered under a workers compensation plan . Mr . Johnson said it was the same coverage for firemen as we have for other employees. Councilman Akin also wanted to know the status on the street money coming in. Mr . Johnson said the largest payment out is Independent Bank. FDIC has received a letter regarding this . Councilman Akin wanted to know the status on going out for bids for ambulance service. Mr . Johnson said we will have information in the next pack. Councilman Swartz said that Council needs to look for land on this side of town for a fire station. Councilman Akin said we have been given an acre of land on this side of town. Councilman Wright said that the ambulance proposal is very important and that Council should go back and read this document again . City Secretary reminded Council that sign up for the May 5th Mayor and Council election would begin on Monday, February 19th and go through March 21st. Mayor Trimble recessed the open meeting and convened Council into Executive Session at 8 :25 P.M. under the authority of Article 6252-17 , V.A.C.S. , Section 2 paragraph "g" Personnel Matters - Discussion of possible Directors for five (5) member Development Corporation Board of Wylie. Mayor reconvened the open meeting at 10: 00 P there being no other items for discusg4,�,�st a motion s m}de to adjourn with all in favor . ;�` fxr 7 1 1 / = Chuck Trimble, Mayor ATTEST : Carol or - -, City Secretary