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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 �'