01-12-1990 (City Council) Minutes •
116
CITY COUNCIL MEETING
MINUTES
JUNE 12, 1990
The City of Wylie City Council met in regular session on
Tuesday, June 12 , 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 John Akin, Mayor
Pro Tem Don Hughes, Council Members William Martin, Steve
Wright, Pat Stemple and Percy Simmons, City Secretary
Carolyn Jones , Finance Director James Johnson, Public Works
Superintendent Don White.
Mayor Akin called the meeting to order and Councilman Wright
gave the invocation, with the Pledge of Allegiance led by
Mayor Pro Tem Hughes.
APPROVAL OF MINUTES OF MAY 22 COUNCIL MEETING: Councilman
Wright corrected the minutes to reflect his statement, under
the naming of the new road from Highway 78 to entrance of
Lake Lavon (at East Fork Park) , "Council also was
considering naming the streets after veterans" . Councilman
Wright also corrected the minutes under the setting of the
public hearing date for the Land Use Assumptions and Capital
Improvements Plan and proposed Impact Fee to read "Second
that this impact fee means that development will pay for the
consequence of development" .
A motion was made by Councilman Wright to approve the
minutes with the above corrections . Seconded by Councilman
Martin. The vote was as follows : Mayor Akin - in favor,
Mayor Pro Tem Hughes - in favor , Councilman Martin - in
favor, Councilman Wright - in favor, Councilwoman Stemple -
in favor , and Councilman Simmons - in favor . This motion
carried with all in favor.
APPROVAL OF NEWS MEDIA FOR PAPER OF RECORD FOR THE CITY :
Councilman Wright stated that first of all the copy of
today' s Wylie News has two publications from the City of
Wylie. Direct violation of the City Charter, both news
papers are aware of who is the paper of record. Councilman
Wright said this appears to be a tic for tac and I cannot
vote for this . Mayor Akin said it does not say you can not
use both papers . City Secretary Carolyn Jones stated that
she could not reach the Wylie Sentinel and also that Mr.
Swanson has not sent her a publishers affidavit on any of
the articles that have appeared in his paper . City
Secretary stated she has requested a publishers affidavit on
each article that was sent to the Wylie Sentinel, spoke with
Mr . Swanson on several occasions and written a letter
117
requesting these publishers affidavits . As of this date,
these have not been received . Councilman Wright wanted to
know why he had not been informed of this .
A motion was made by Councilwoman Stemple to approve the
Paper of Record to be the Wylie News . Seconded by
Councilman Martin. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Hughes - in favor , Councilman Martin
- in favor, Councilman Wright - against, Councilwoman
Stemple - in favor , and Councilman Simmons - in favor . This
motion carried with five (5) in favor and one (1) against.
DISCUSSION OF APPOINTMENT TO PLACE ONE COUNCIL SEAT BY JESSE
VANCE : Mr . Vance stated that he has heard some discussion
of the appointment to Place One Council Seat. In the last
election, there were over 500 votes to some of the past
council members . This would be a good representation of a
cross section for the City. This has some merits, first it
would be a good cross section of the city, second 500 people
voted for them, and third if this was given consideration,
no one would be able to say that this Council would be
guilty of political favors .
ACCEPTANCE OF CITY MANAGER' S LETTER OF RESIGNATION: A
motion was made by Mayor Pro Tem Hughes to accept the letter
of resignation from the City Manager Charles Norwood.
Seconded by Councilman Simmons. The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor,
Councilman Martin - in favor , Councilman Wright - in favor ,
Councilwoman Stemple - in favor , and Councilman Simmons - in
favor. This motion carried with all in favor .
APPOINTMENT OF ACTING CITY MANAGER: There was discussion of
moving this item to executive session, but after speaking
with a representative from the City Attorney' s office, the
item was not moved. A motion was made by Mayor Pro Tem
Hughes to appoint Mayor John Akin as Acting City Manager .
Seconded by Councilman Martin.
Councilman Wright said that under the Charter, you must
declare it an emergency as stated in Article IV, Section l :D
"The acting city manager shall be a qualified administrative
officer of the city at the time of his designation. No
member of the city council shall serve as acting city
manager , unless the council shall deem the situation to be
an emergency. It shall require at least five (5)
affirmative votes of the city council to declare such an
emergency" . Councilman Wright also stated there was a
difference in the emergency powers of the Mayor and the City
Manager . The powers of the Mayor in the Charter under
Article XI , Section 21 "Whenever it shall come to the
knowledge of the mayor or his designee that any malignant,
infectious or contagious disease or epidemic is prevalent in
the city or probably will become so , or in case of public
118
calamity arising by reason of the flood, hurricane, tornado,
fire, or other disaster, he shall have the power to take all
steps and use all measures necessary to avoid, suppress or
mitigate such disease and relieve distress caused by flood
or resulting from tornado, hurricane, fire or other
disaster" . Councilman Wright stated that it was his
opinion that the emergency powers for Mayor would not fall
under the same emergency powers which would enable the Mayor
to be Acting City Manager .
Mayor Akin requested that the Council table this item until
these questions could be covered . Mayor Akin stated that
the other council had asked him to be acting city manager ,
that he did not asked for this position. Mayor Pro Tem
Hughes withdrew his motion to appoint Mayor Akin as acting
city manager .
A motion was made by Mayor Pro Tem Hughes to table this
item. Seconded by Councilwoman Stemple. The vote was as
follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in
favor , Councilman Martin - in favor , Councilman Wright - in
favor, Councilwoman Stemple - in favor, and Councilman
Simmons - in favor. This motion carried with all in favor.
ACCEPTANCE OF RESIGNATION FROM VALERIE WIGGINS FROM RITA AND
TRUETT SMITH LIBRARY BOARD: Motion was made by
Councilwoman Stemple to accept the resignation of Valerie
Wiggins from the Rita and Truett Smith Library Board.
Seconded by Councilman Simmons. The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor,
Councilman Martin - in favor, Councilman Wright - in favor ,
Councilwoman Stemple - in favor , and Councilman Simmons - in
favor. This motion carried with all in favor.
APPOINTMENT OF REPRESENTATIVE TO NORTH TEXAS MUNICIPAL WATER
DISTRICT ' S BOARD OF DIRECTORS : Mayor Pro Tem Hughes thanked
Mr. Raymond Cooper for his time in serving on this board.
Mayor Pro Tem Hughes made a motion to appoint Rita Smith as
the City' s representative on the North Texas Municipal Water
District ' s Board of Directors . Seconded by Councilwoman
Stemple.
Councilman Wright quoted from the Charter Article XI ,
Section 5 : Personal Financial Interest - "No officer or
employee of the city shall have a financial interest, direct
or indirect, in any contract with the city, nor shall be
financially interested , directly or indirectly, in the sale
to the city of any land, materials , supplies or service,
except on behalf of the city as an officer or employee.
Councilman Wright stated that Truett Smith is the editor and
owner of the Wylie News , but feels that if the records were
check, you would find Rita Smith is also owner of this paper
and can not hold this office. A representative from the
city attorney' s office said an appointed position does not
119
qualify as an officer of the city. Councilman Wright also
stated that Rita Smith was on the Library Board. Mayor Akin
stated that Mrs . Smith has stated several days ago that she
did not wish to serve on this board for another term.
Mayor Akin called for a vote on the motion to appoint Rita
Smith to the North Texas Municipal Water District Board of
Directors . The vote was as follows : Mayor Akin - in favor,
Mayor Pro Tem Hughes - in favor , Councilman Martin - in
favor , Councilman Wright - against, Councilwoman Stemple -
in favor , and Councilman Simmons - in favor . This motion
carried with five (5) in favor and one (1 ) against.
Mayor Pro Tem Hughes stated that Rita Smith was born in
Wylie and has been an outstanding citizens. She is very
well known in this City and probably better known than
anyone in our City. I feel she will keep the council well
informed while serving on this board.
CONSENT AGENDA: The consent agenda consists of
authorization for staff to seek competitive bids on Public
Officials Liability Policy and on Lime materials for street
program, easement from Ronald F. Miller for wastewater
collection system improvements , a dedication deed for road
R-O-W for Brown street from Archie Kreymer , Bill Kreymer ,
Estelle Kreymer and Frances Kreymer , payment requests from
Shimek Jacobs & Finklea in the amount of $9, 699 .17 ; from
Shipley & Inhofe in the amount of $2 ,324 .39 , from Water Tank
Service Co. , Inc. in the amount of $12,501 .00, from Freeman
Millican in the amount of $1 ,010 .59 , from Freeman - Millican
in the amount of $10,000 .00, from Jones & Neuse, Inc. in the
amount of $21 ,484 . 19 , from Pate & Pate in the amount of
$218 ,065 .04 and from Hunter & Assoc. in the amount of
$512 .03 . Councilman Simmons stated the consent agenda has
approximately $280,000 . worth of payments and I would like
to pull these items until such time the council could have a
work session and learn what these are all about . Councilman
Simmons said he wanted to have a better understanding of
what these bills were for. After some discussion, the
following items were pulled from the consent agenda: payment
request from Shimek Jacobs & Finklea in the amount of
$9 .699 .17 , from Shipley & Inhofe in the amount of $2 ,324 . 39 ,
from Water Tank Service Co. , Inc. in the amount of
$12 ,501 .00 , from Freeman Millican in the amount of
$1 ,010.59 , from Freeman Millican in the amount of
$10 ,000 .00 , from Jones & Neuse , Inc. in the amount of
$21,484 . 19 and from Hunter and Assoc. in the amount of
$512 .03 .
A motion was made by Councilman Simmons to approve the
consent agenda with the following items : authorization for
staff to seek competitive bids on Public Officials Liability
Policy, and on Lime materials for street program, Easement
from Ronald F. Miller for wastewater collection system
1 2 0
improvements, dedication deed for road R-O-W for Brown St.
from Archie Kreymer , Bill Kreymer, Estelle Kreymer and
Frances Kreymer and payment request from Pate & Pate in the
amount of $218 ,065 .04 for sanitary sewer improvements Phase
II section 1 and 2 . Seconded by Mayor Pro Tem Hughes . The
vote was as follows : Mayor Akin - in favor, Mayor Pro Tem
Hughes - in favor , Councilman Martin - in favor , Councilman
Wright - in favor, Councilwoman Stemple - in favor, and
Councilman Simmons - in favor. This motion carried with all
in favor .
APPROVAL FOR ANNUAL JULY JUBILEE CELEBRATION - JULY 14 - 21 ,
1990 : This will be for the closing of Ballard Street for
the parade and street dance and for parade route and of
hanging of the banner and other programs connected with this
celebration. Councilman Martin wanted to know if the City
needed a permit from the State to close Ballard Street.
Mayor Akin said no, we had never had to have it in the past .
A motion was made by Councilman Wright to approve the annual
July Jubilee Celebration for July 14 - 21, 1990 . Seconded
by Councilman Martin. The vote was as follows : Mayor Akin -
in favor, Mayor Pro Tem Hughes - in favor , Councilman Martin
- in favor , Councilman Wright - in favor , Councilwoman
Stemple - in favor, and Councilman Simmons - in favor . This
motion carried with all in favor .
APPROVAL OF SUMMER STREET RECONSTRUCTION PROGRAM FOR SUMMER
1990 : Mayor Akin stated that the City had hoped to receive
help from Collin and Dallas County on the street
reconstruction program this summer but did not look good at
this time. Mr . Don White stated that his crews were working
toward the preparation of the equipment and materials in
order to begin work around the first of July, 1990 .
Mayor Akin stated that the streets discussed in last weeks
work session were as follows : 1 . Martinez , 2 . Masters , 3 .
Second and 4 . Fifth streets . Mayor Akin wanted to know if
the City of Rowlett has the equipment we need and can we use
it through our agreement with them. Mr . White said they
have a maintainer and we can use it. Mayor Pro Tem Hughes
asked what happened to the maintainer . Mr. Johnson stated
that the person who sold it to the City had a lien against
it and he did not inform the City of this . This person then
filed bankruptcy and therefore the bank with the lien wanted
to pick up this piece of equipment. The bank contacted the
City and came out and picked up the maintainer . Mr . Johnson
said the City paid $33 ,000 . for this equipment . The Grand
Jury is to hear this case again. Mayor Pro Tem Hughes
wanted to know what other equipment we would need to look
for . Mr . White said an asphalt tac truck, if we do not
contract this work out, a front end loader and a maintainer.
Mr . White stated that the City has a bomag machine, roller,
water truck and a dump truck. Mayor Pro Tem Hughes asked
if the City didn' t use to have a piece of equipment that
12lr
would do the same as the asphalt lay down machine . Mr.
White said we used to but sold it in an auction.
Mayor Akin requested that Mr . White look at the alleyways on
Dogwood and Hilltop to see what could be done for them. Mr .
White said these alleyways should be taken out and
reconstructed . Councilman Simmons wanted to know if we
could fill the holes with concrete and overlay with asphalt .
Mr. White said yes and it should last a few year , but need
to get trash trucks off the alleys .
Councilman Wright stated that some time back there was an
article in the Wylie News about the Highway Department bring
in some trees for Wylie. When will these trees come in and
where will we put them. We are not sure about what
equipment will be used and do not want to tear up these
trees when we begin reconstruction on the highway. Mr .
White stated that the trees would not be delivered until
late fall , but that he would try and call to see where the
City is on this program.
APPOINTMENT OF AUDIT FIRM TO CONDUCT THE ANNUAL AUDIT: Mr .
Johnson said he had put a copy of the letter from the audit
firm that did the City' s audit last year on the council
table. Mr . Johnson also stated that the figure on this
year ' s audit will be $15 ,250 .00 and is an 8% increase from
last year . A motion was made by Councilman Simmons to table
this item until later . Seconded by Councilman Wright . The
vote was as follows : Mayor Akin - in favor, Mayor Pro Tem
Hughes - in favor , Councilman Martin - in favor , Councilman
Wright - in favor , Councilwoman Stemple - in favor , and
Councilman Simmons - in favor . This motion carried with all
in favor .
APPROVAL OF THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
RULES AND PROCEDURES AND DUTIES AND RESPONSIBILITIES OF
COMMITTEE AND DUTIES AND RESPONSIBILITIES OF CITY COUNCIL:
Mr . Johnson said Mr . Keith Reed from Reed and Stowe has sent
these rules and duties to the Council for approval , it has
come from Senate Bill 336. Mr . Johnson stated that Council
was the governing body. Councilman Wright said he would
like to move this to the next Tuesday meeting and asked
Planning and Zoning about them. Mr . Johnson stated that
these rules and procedures should be adopted prior to the
public hearings . Motion was made by Councilman Wright to
approve the Capital Improvements Advisory Committee Rules
and Procedures and duties and responsibilities of Committee
and duties and responsibilities for the City Council .
Seconded by Councilman Simmons. The vote was as follows:
Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor ,
Councilman Martin - in favor , Councilman Wright - in favor ,
Councilwoman Stemple - in favor and Councilman Simmons - in
favor. This motion carried with all in favor .
122
APPROVAL OF RULES FOR RENTING COMMUNITY ROOM: After some --*
discussion about these rules and how they came about, it was
suggested to send these to the Park and Recreation Board for
consideration. A motion was made by Councilman Wright to
table.
Mayor Pro Tem Hughes asked what questions the people
Councilman Wright met with had on these rules . Councilman
Wright said on planning and selecting 12 meeting dates and
they figured $800 .00 would be paid in renting the building
for other meetings. Mayor Pro Tem Hughes said WSA has 12
meetings and Youth Organization can meet at no charge.
Councilman Wright said the Youth Organization were Boy
Scouts, Girl Scouts, Camp Fire Kids, etc .
Mr . B. J . Upshaw said he would like to see a WSA
representative on this committee. We do use the room a lot
and we make no money and yet we will be paying .
Rosanne Burgess, Librarian said originally we asked what was
non-profit and this has brought about this problem. There
are more non-profit organizations than you realize.
Mr . Johnson said we are operating at a loss on the Community
Room. Councilman Wright said there is a member of WSA on
the Park Board.
The motion made earlier to table had no action taken on it
as there was no second.
A motion to move the rules for the Community Room to the
Park and Recreation Board was made by Councilman Simmons.
Seconded by Councilman Wright. The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor,
Councilman Martin - in favor, Councilman Wright - in favor ,
Councilwoman Stemple - in favor , and Councilman Simmons - in
favor . This motion carried with all in favor.
APPROVAL OF BID AWARD FOR COPIER : Mr. Johnson said Lanier
6260 was the low bid, we have a demo on the 6260 and 6270 .
One thing that might help is to go from legal to letter size
paper on everything. The City of Allen has this copier and
they are very pleased . If you want to change specs and add
items that will do more than it will cost more. Mr . Johnson
said we had a bad demo the first time.
Mayor Akin asked if it was wise to get something we will not
be happy with.
Mayor Pro Tem Hughes wanted to know what type of
maintenance. Mr . Johnson said it would be a full
maintenance program on this machine.
Mr . Johnson said other cities as well as State have gone
123
from legal to letter size paper on all documents. Mr .
Johnson said the Council has the right to reject all bids .
A motion was made by Councilman Simmons to reject all bids
and re-bid the copier . Seconded by Councilwoman Stemple.
The vote was as follows : Mayor Akin - in favor , Mayor Pro
Tem Hughes - in favor , Councilman Martin - in favor ,
Councilman Wright - in favor , Councilwoman Stemple - in
favor , and Councilman Simmons - in favor . This motion
carried with all in favor .
APPROVAL OF AWARD OF BID FOR WATER/SEWER UTILITY SUPPLIES:
Mr . Johnson stated that these bids are for water and sewer
utility supplies and have been broken down into groups .
Staff recommends Group 1 through Group 6 to be award to
Industrial International , Inc. These groups are as
follows :
Group 1 - Copper Pipe and Fittings
Group 2 - PVC Pipe and Fittings
Group 3 - Tapping Saddles
Group 4 - Repair Clamps
Group 5 - Bronze Valves and Fittings
Group 6 - Miscellaneous
and Group 7 Meter Boxes and Locks be awarded to Texas Meter
and Sewer Company. The bid to Industrial International
would be for approximately $11 ,390 .00 and to Texas Meter &
Sewer $2 ,227 .00 . These bids show approximate reduction of
20% to 30% on these items with the award of bid .
Mr . Johnson stated that the staff advertises in the paper
and also send out bid information to vendors from a list we
have on hand.
Motion was made by Councilman Simmons to approve the award
of bid for water/sewer utility supplies as stated above.
Seconded by Councilman Wright. The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor,
Councilman Martin - in favor, Councilman Wright - in favor ,
Councilwoman Stemple - in favor , and Councilman Simmons - in
favor . This motion carried with all in favor .
CITIZENS PARTICIPATION: Mr . Jesse Vance, I wanted to
mention one thing on S. Ballard, there is high weeds and low
tree limbs and when you are coming out from some of the
streets onto Ballard, you can not see, this could cause
problems .
Jim Swartz , 506 W. Jefferson, we dedicated the Municipal
Court Yard as Veterans Court Yard and we were suppose to
have a plaque put up for all the veterans, just do not want
this to be left undone. There needs to be maintenance on
this. I would like for staff to look into contracting
12
maintenance on the court yard and Municipal building.
Wanda Ellis of Hilltop, thanked Mr . Don White for work done
on some of the streets.
Mayor Akin called for a five minute recess.
Mayor Akin reconvened the meeting with Council Discussion.
Councilwoman Stemple said she would like to have a work
session on McCreary Road , and also wanted to know what
happened to the pictures of the past council . Councilwoman
Stemple asked Mr . White if he had a handle on the weed
problems in the City. Mr . White stated that this would be
handled in Code Enforcement Department.
Mayor Pro Tem Hughes stated that he wanted to see the street
reconstruction program started on July 1st .
Councilman Wright requested a letter be written to each
board of the State in which the City needs to make contact
with. Councilman Wright also requested a complete file from
Talem, Inc.
Councilman Simmons would like for Mrs . Smith to set up a
joint meeting with North Texas Municipal Water District and .�.
the Council .
Councilman Wright stated that the animal control building
was in the path of the construction for the wastewater
collection system improvements, and have requested Mr . White
to get me a report back on this . Councilman Wright also
stated he wanted to see the Council Injury forms be put back
into the council packets . Councilman Wright also wanted a
meeting set up with Rusin Truss and the Fire Department and
City Council on the ordinance regarding trusses .
Councilman Wright also stated that on 100 S. Rustic Trail ,
need to shore up the sidewalk, I have contacted Mr . White
about getting this done. The sidewalk is next to the ditch
and we need to look at prices of fencing this area before a
child fall off in this ditch. I have asked that Mr . Johnson
or Mr . White get back with me on prices of fencing.
Councilman Wright stated that this statement involved the
appointment of Rita Smith to the NTMWD Board and the
removing of Raymond Cooper from this board, the news paper
of record and appointing John Akin as acting city manager .
All these items are highly contested , for two reasons.
number one I felt like there were some violation of the City
Charter and the second reason has to do with the good old
boy system. My concern is not we appointed Rita Smith but
that we removed Mr. Cooper, how many people are we going to
remove who have done a very good job. Political pay off
175
time is a real threat to me when we have good people on
boards . If I had it to do over again, I would do so, as I
feel I have responsibilities to the citizens of Wylie.
Mayor Akin said that is some bad acquisition that you have
just said. I think that is a poor situation and you will
have to prove those things and you can not prove any of
them. Councilman Wright said we do know there was a lot of
support to the Wylie news . Mayor Akin said I can say the
same thing about your paper and the articles they wrote. I
think it is best for us to get off this.
Mayor Akin said Mr . Tom Fuller called and wanted to help the
City while they were interviewing for city manager . He
would do a video on all the candidates with a cost of
$125 .00 for the first and $75 .00 for each one thereafter.
Mayor Akin said he told Mr . Fuller he would bring this to
the council attention . Mayor Akin said the council has done
this before and I was not over whelmed .
Mayor Akin recessed the open meeting and convened council
into executive session at 9 : 35 P.M. under the authority of
Article 6252-17 V.A.C.S. , Section 2 paragraph "g" Personnel
Matters - Ross vs. City of Wylie.
Mayor Akin reconvened the Council into open session at 9 :45
P.M. . A motion was made by Mayor Pro Tem Hughes to approve
the agreement settlement with Mr . Bobby Ross in the amount
of $18 ,750.00 . Seconded by Councilman Wright. The vote was
as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes -
in favor , Councilman Martin - in favor , Councilman Wright -
in favor , Councilwoman Stemple - in favor , and Councilman
Simmons - in favor . This motion carried with all in favor .
A motion was also made by Councilman Simmons that Mayor Akin
would sign the final settlement papers . Seconded by
Councilman Martin. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Hughes - in favor , Councilman Martin
- in favor , Councilman Wright - in favor , Councilwoman
Stemple - in favor, and Councilman Simmons - in favor . This
motion carried with all in favor.
There being no other matters for discussion, a motion was
made to adjourn with all in favor.
‘el F %, John Akin, Mayor
� r
s /
ATTEST •
roly n t ®,oSep,te tax y �'