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04-24-1990 (City Council) Minutes 92 CITY COUNCIL MEETING MINUTES APRIL 24, 1990 The City of Wylie City Council met in regular session on Tuesday, April 24, 1990 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 Pro Tem Bud Naish, Council Members John Akin, Jim Swartz , Steve Wright and Pat Stemple, City Manager Charles Norwood, City Secretary Carolyn Jones, Finance Director James Johnson. Mayor Chuck Trimble and Councilman Ortie Messenger were absent . Mayor Pro Tem Naish called the meeting to order and welcomed everyone. Mayor Pro Tem Naish called on Councilman Akin to give the invocation and Councilman Swartz to lead the Pledge of Allegiance. Mayor Pro Tem Naish stated that item no. 2, presentation of plaque to Mr . Bob Wallace-Jones has been pulled, since he had to leave for Japan today. Also items no. 10 & 11 , public hearing and zoning approval of Lots 13 , 14 , & 15, Block 3 Brown & Burns has been pulled from the agenda at the request of the Birmingham Land Board. APPROVAL OF MINUTES OF THE CITY COUNCIL MEETING ON APRIL 10, 1990 : There being no corrections or addition, a motion was made by Councilman Akin to approve as submitted . Seconded by Councilman Swartz . The vote was as follows : Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Wright - in favor , and Councilwoman Stemple - in favor. This motion carried with all in favor . APPROVAL OF A PROCLAMATION FOR NATIONAL PET WEEK - MAY 6 - 12, 1990 : A motion was made by Councilman Wright to approve the proclamation for National Pet Week, May 6 - 12 , 1990 . Seconded by Councilwoman Stemple. The vote was as follows: Mayor Pro Tem Naish - in favor, Councilman AKin - in favor, Councilman Swartz - in favor, Councilman Wright - in favor, and Councilwoman Stemple - in favor . This motion carried with all in favor . Q3 ACCEPTANCE OF RESIGNATION OF CHERI ALBIN FROM THE PARK AND RECREATION BOARD: Councilman Wright stated that he had talked with Mrs . Albin and felt that she would reconsider and stay on the Park Board . Councilman Wright said that Mrs . Albin had submitted her resignation due to her expecting a child, since the birth of the child, she feels she can again give time to the Park Board. A motion was made by Councilman Wright to table the acceptance of Cheri Albin resignation. Seconded by Councilman Swartz . The vote was as follows : Mayor Pro Tem Naish - in favor , Councilman Akin - in favor, Councilman Swartz - in favor , Councilman Wright - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor to table. APPOINTMENT OF FIVE MEMBERS TO THE WYLIE DEVELOPMENT CORPORATION BOARD OF DIRECTORS : Councilman Akin made the motion to appoint the five members to the Wylie Development Corporation Board of Directors . Seconded by Councilman Swartz . Mayor Pro Tem Naish read the following as the five members to this board: Randy Arp, Jim Smith, Raymond Cooper , Bart Peddicord and John Yeager with an alternate member being James Blakey. The vote was as follows : Mayor Pro Tem Naish - in favor , Councilman Akin - in favor , Councilman Swartz - in favor , Councilman Wright - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROWLETT AND THE CITY OF WYLIE: This Interlocal Agreement will give a more efficient use of manpower and equipment for both cities and furnish assistance to each other . City Manager Charles Norwood said this is an agreement between Rowlett and Wylie, for the use of street equipment and manpower in both cities. This is a joint agreement and staff recommends approval . A motion was made by Councilman Akin to approve the interlocal agreement between the City of Rowlett and the City of Wylie. Seconded by Councilwoman Stemple. Mayor Pro Tem Naish wanted to know if Rowlett was using our equipment and it came back with problems, who would be responsible . City Manager Charles Norwood said our employees will go with the equipment, but if it does happen, it will be our responsibility to repair our own equipment . Councilman Swartz ask if we had an employee that could operate the Bomag . City Manager Charles Norwood said we don' t have an expert, but we do have operators . 94 Mayor Pro Tem Naish called for a vote on the above motion. The vote was as follows : Mayor Pro Tem Naish - in favor , Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Wright - in favor, and Councilwoman Stemple - in favor . This motion carried with all in favor. CONSENT AGENDA: The Consent Agenda consists of the following : Three Dedication Deeds from Estelle Kreymer, Bill Kreymer and Beatrice D. Smith for R-O-W on Brown Street; payment requests from Nortex Tank Site Project from Electrical Generation Technology in the amount of $2 ,400.00; from Jones & Neuse, Inc. for engineering fees/landfill in the amount of $320 .69; from Hunter & Assoc. for Muddy Creek drainage basin line in the amount of $1 , 357 . 10; from Charles Shipley, Shipley & Inhofe for legal services on landfill litigation in the amount of $4 ,602 .38; and from Pate & Pate Enterprises, Inc. for Sanitary Sewer Improvements Draw No. 1 in the amount of $24 ,521 . 60. Motion was made by Councilman Wright to approve the items on the consent agenda . Seconded by Councilman Swartz . The vote was as follows : Mayor Pro Tem Naish - in favor , Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Wright - in favor , and Councilwoman Stemple - in favor. This motion carried with all in favor . PUBLIC HEARING ON THE APPLICATION FROM TU ELECTRIC REQUESTING A RATE INCREASE: Mayor Pro Tem Naish opened the public hearing and asked those wishing to speak on this subject to come forward and state their name and address for the record. Mr . Randy Arp, District Customer Service Supervisor in the Garland District for Texas Utilities, stated the summary of TU rate request -- on January 16th of this year we filed a proposed rate relief package with the Public Utility Commission of Texas and all incorporated cities that we serve. TU Electric is seeking to raise the rates 10 .2% and if this request is granted the electricy cost to the consumers will return to about the 1984 level . Unit One of the Commanche Peak Nutueal Power Plant has received a full power linces and is expected to provide full power for peak electricty demand this summer. This 10.2% increase is primilary needed to offset the cost of bring Unit One on line. Unit One went into full commerical power operation at 3 :30 P.M. today. The plant will provide the much needed capacity for a growing service area of now more than 2 ,000 ,000 customers. It is requested that the Council pass this ordinance tonight that is before you. If you have any questions, I will be glad to answer than for you. 95 Councilman Wright stated that at the beginning of this proposal for a rate increase, I felt it necessary to have someone other than the Public Utility Commission to research this matter , but after reviewing other statements from other cities, I feel I can pass this ordinance tonight because I know other parties are looking into this rate case. There being no other comments or questions, Mayor Pro Tem Naish closed the public hearing. APPROVAL OF AN ORDINANCE APPROVING RATE SCHEDULES AND SERVICE REGULATIONS FOR TEXAS UTILITIES ELECTRIC COMPANY, PROVIDING AN EFFECTIVE DATE, THEREFOR, 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: A motion was made by Councilman Akin to approve the ordinance approving rate schedules and service regulations for Texas Utilities Electric Company as stated above. Seconded by Councilman Swartz . The vote was as follows : Mayor Pro Tem Naish - in favor , Councilman Akin - in favor , Councilman Swartz - in favor , Councilman Wright - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . APPROVAL OF PARK MASTER PLAN: Mrs. Joanie Zeeb, Chairperson for the Parks and Recreation Board, gave a brief review of the Park Master Plan. This is set up for a five year plan, but will probably take longer than that. It is a starting point for the Park Board. These plans include a swimming pool and tennis courts, dressing up the picnic area and play ground, extending the parking area and also extending Pirate Drive from High School into the Park, will also add baseball fields , football and soccer fields. Mrs . Zeeb stated that she has been talking with school officials regarding the use of the school land for part of these soccer fields. Councilman Akin said it looked as if the park area is getting a little crowded and you could use more land. Councilman Akin also stated that staff needed to look at Southplace, as they are in bankruptcy and we might be able to acquire some of this land. Councilwoman Stemple said she would like to see a ten (10) year plan as some of these items are very expensive. Councilman Swartz said it will be ten (10) years before this can be done and the Park Board is aware of this . They want to go ahead and do what they can at this time. Councilman Akin wanted to know if there was money available in the Park Grant Fund. City Manager Charles Norwood said yes, there is money in the fund and we need to adopt this plan and start to work on plans for submitting a request for a grant. 96 Mrs . Zeeb said the citizens will be getting a survey in their water bills requesting the priority of what they would like to see in our Park. Mayor Pro Tem Naish said we have talked to the School about going in with the City to build a pool . Councilman Swartz said that one thing that we need to look at is we do not offer one thing for our kids to keep them off the streets. Councilman Swartz said anything we can do to give them something to do and keep them out of trouble is good. A motion was made by Councilman Wright to approve the Park Master Plan. Seconded by Councilman Akin. The vote was as follows : Mayor Pro Tem Naish - in favor, Councilman Akin - in favor , Councilman Swartz - in favor , Councilman Wright - in favor, and Councilwoman Stemple - in favor. This motion carried with all in favor. CITIZEN PARTICIPATION: Mayor Pro Tem Naish requested those 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: Councilman Swartz said out in the park there are three new trees, two were purchased with monies from the Recycling Program and one was donated to the Park. This program is beginning to start up again. Mayor Pro Tem Naish said there is a person who will put out smaller bins and other containers for glass. City Manager Charles Norwood said when this person gets back in town , he is going to call me and we will get this set up. Mayor Pro Tem Naish said that Council had asked BFI if they could do this recycling at curb pick up. Mr . Johnson said BFI has not gotten back with us . Councilman Akin said run an ad in the paper to donate unwanted trees for our parks , we did this once before and had several trees donated to us. Councilman Swartz wanted to know if there was a possibility of working with the National Guard to clean out ditches. City Manager Charles Norwood said the person he needs to talk to is out of town, but will call me when he gets back. Councilman Wright said in voluntary annexations, there are 9 that do not have water and sewer. Staff needs to look into what the cost will be for getting water and sewer to these --, properties. 97 Mayor Pro Tem Naish said the following bond ratings were listed in the paper and we need to clearify what they are for and what we are paying for them; 1980 Bonds - $400,000 - Water and Sewer Bonds for water tower Mr . Johnson said those bonds have principle coupons, first 15 years are interest only payments with no principle payments. The advantage is to delay the principle payments, and the disadvantage is your paying more interest . 1988 Bonds - 2 Million NTMWD Sewer Bonds Mr . Johnson said it is contractual obligation . Bonds issued by NTMWD in State of Texas name and approved by voters in 1986 . It is an indirect debt . Interest rates was one of the reason for NTMWD to get the bonds but also the inability for the City to pay. NTMWD has done this in prior years for the City. Mayor Pro Tem Naish said that 2 million were issued on March 28 , 1988 . Mr . Johnson said yes, refinancing of $400,000 . in order to receive a lower rate of interest. 1988 $1 ,275,000 Landfill - Mayor Pro Tem Naish said $150 ,000 for landfill closure, $492 ,000 for Engineering Cost and $633,000 . for Street Reconstruction Program. Mayor Pro Tem Naish also said in 1990 there were 3 .5 million in Certificate of Obligations, why CO instead of bonds. City Manager Charles Norwood said the need for getting the money. Bonds take several weeks to set up and call and election. We had a short time to do this in and no choice as we had a State Enforcement Order issued to us. Councilman Akin asked if staff didn' t feel like the citizens should have a say . City Manager Charles Norwood said we held a public hearing and it is advertised in the paper. People can draw up a petition and stop the issuance of CO, if they so choose. Councilman Swartz said the thing had gone on so long that it had to be taken care of . Mayor Pro Tem Naish recessed the open meeting to convene Council into work session in the Council Conference Room. Mayor Pro Tem Naish called the work session to order and stated the first item for discussion is the Personnel Regulations, Section 5-7 Workers Compensation and Section 10 , Substance Abuse Policy . City Secretary Carolyn Jones, stated that the workers compensation section had been changed in order to help with control . If a person is 9S seriously injured , we want to take care of that person, but on the other hand we do not want to be abused from some of the employees. Any injury is given six months, after that time there will be a review and decision by the City Manager for extension of time. This new policy also pays the difference between the employees regular salary and what Workers Compensation is paying . The Substance Abuse Policy has been taken from another city and modified to fit our needs . It also has a section for random testing , the City has not done this, but we will have the option in the future if we feel it is necessary. This policy also covers testing for drugs if a department head or supervisor has reason to believe an employee is reporting to work under the influence of alcohol or illegal drugs, or abusing legal drugs If Council has no objections, the revised Personnel Regulations will be on the next agenda for adoption. PROPOSALS FROM VOLUNTEER FIRE DEPARTMENT: Mr . Larry Allen stated in checking the surrounding cities, there are very few volunteer fire departments covered under an additional workers compensation policy. Mr . Steve Bisbee stated that he has received several proposals for additional insurance for the fire department. The lowest proposals is for approximately $2 ,840.00 per month. It covers the loss of life, sight and hearing plus injury. It will also pay $300 .00 per week if a fireman is off work due to injury while on duty for the volunteer fire department. Benefits are paid after taking into consideration the $100 .00 per week from workers compensation and other insurance if they injured person has other coverage. This policy was based on 30 volunteer fire men. Council requested this be on the next agenda for approval . There being no other matters for discussion , a motion was made to adjourn with all in favor . /48 Bu N ish, Mayor Pro Tem F ATTEST : 0 ' ICJ v Q I SEAL a Caro J s ity Secretary 1==t