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07-10-1990 (City Council) Minutes 1 ' 5 CITY COUNCIL MEETING MINUTES JULY 10, 1990 The City of Wylie City Council met in regular session on Tuesday, July 10 , 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 Percy Simmons, Chuck Wible , William Martin, Pat Stemple and Steve Wright, City Secretary Carolyn Jones, Finance Director James Johnson. Mayor Akin called the meeting to order and gave the invocation, with the pledge of allegiance led by Councilman Wible. APPROVAL OF THE MINUTES OF THE JUNE 16TH, JUNE 18TH, JUNE 19TH AND JUNE 23RD COUNCIL MEETINGS: Councilman Wright corrected the minutes of June 16th under Approval of Resoltuon Declaring an Emergency to Appoint An Acting City Manager, added his statement that "Councilman Wright had gone through the City Charter to try and understand exactly what the spirit of the Charter was regarding this situation" . Councilman Wrigth also stated that under Article IV, Section 1 E the entire article is quoted and I only said "the City Manager shall attend all council meetings and have the right to take part in the part in discussion , but he shall not vote" . Councilman Wright also stated he used the word separation instead of difference when discussion the position of City Manager and Mayor and also that these is a typo it should be Article XI not XL. Councilman Wright also added "two positions, if a council member becomes a city manager it must be under a declaration of emergency" . Councilman Wright also corrected the June 18th minutes as follows , under Consent Agenda, Mr. Johnson statement should read , "Mr . Johnson said yes, that the company had come in an requested payment, he saw John Akin and Don Hughes at City Hall about the matter and he was told that he already had the Mayor ' s and his okay to pay the bill and Don Hughes told him to call Percy Simmons and Don Hughes and after he received their okay to go ahead and pay the bill" . Councilman Wright also added under approval of Resolution Declaring Emergency for Acting City Manager , his statement " Councilman Wright said because of this I don' t see in the spirit of the Charter a need to declare an emergency and I don' t think we should melt the office of Mayor and City Manager . Councilman Wright also stated that he felt Percy 146 Simmons had a good ideal when he said to hire a consultant -••�. for acting City Manager temporarily" . Councilman Wright also added the words brings up a conflict between a policital agenda and public need and this is why the charter separated these" . Councilman Wright also added the following statement prior to the vote on this matter " Councilman Wright stated that since is was obvious that Mayor Pro Tem Hughes was going to be Acting City Manager would there not be a conflict of interest and would he be able to enforce actions against his own companies" . Corrected that the motion did not carry with all in favor, with six in favor and one against . Councilman Wright also corrected that under approval of Acting City Manager that the motionw as made by Councilman Martin and seconded by Councilwoman Stemple" . Councilman Wright also inserted the words in his statement of the city manager could not hire/fire or promote any employee without consent of majority Council . This vote also did not carry with all in favor, with six in favor and one against. Councilman Wright also corrected the June 19th minutes by adding the statement at the end of the rate study presentation by "Council directed Mr . Binford to key into his study the placing of interest money gained from investing the CO ' s back into the prinicpal and interest of the CO ' s. A motion was made by Councilman Simmons to approve as corrected and seconded by Councilman Wright . The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - 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 PROCLAMATION FOR KELLI HOLWAY, EMPLOYEE OF THE QUARTER, ENDING JUNE 30 , 1990 : Motion was made by Mayor Pro Tem Hughes to approve proclamation for Kelli Holway, Employee of the Quarter ending June 30 , 1990 . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - 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 . Mayor Akin presented Kelli with the following Proclamation and also with a Savings Bond: EMPLOYEE OF THE QUARTER KELLI HOLWAY WHEREAS, Kelli Holway has been selected as the City of Wylie Employee of the Quarter ending June 30 , 1990; and 147 WHEREAS, Kelli has an exceptional attitude regarding her position with the City and relationship with the citizens and community as well as with her fellow employees; and WHEREAS, Kelli Holway is considered a very conscientious and dedicated employee by all City employees ; and WHEREAS, Kelli has achieved a perfect attendance record with the City of Wylie; and NOW, THEREFORE, I , JOHN W. AKIN, MAYOR OF THE CITY OF WYLIE, TEXAS, do hereby proclaim Kelli Holway as Employee of the Quarter ending June 30, 1990 . APPROVAL OF PROCLAMATION FOR TEXAS VETERANS LAND BOARD AWARENESS WEEK - JULY 8 - JULY 14 , 1990 : Motion was made by Councilwoman Stemple to approve the proclamation for Texas Veterans Land Board Awareness Week - July 8 - July 14 , 1990 . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - 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 . Mayor Akin read the following proclamation: WHEREAS, many of the young men and women of the State of Texas have entered the service of the United States Armed Forces; and WHEREAS, their self sacrifice and heroism has brought to the realization of all Texans of their great worth; and WHEREAS, the Veterans Land Board was established to provide a means for the State of Texas to show it' s appreciation and gratitude for the service and sacrifice and these fine young men and women; and WHEREAS, the Veterans Land Board, under the leadership of Garry Mauro, has established a number of programs to inform all eligible veterans of their rights and benefits as Texas Veterans, one of which programs is a veterans awareness seminar; NOW, THEREFORE, I , JOHN W. AKIN, MAYOR OF THE CITY OF WYLIE, TEXAS, in recognition of the Texas Veterans Land Board ' s efforts to inform all Texas Veterans of their rights and benefits , do hereby proclaim the week of July 8 thru July 14, 1990 to be TEXAS VETERANS LAND BOARD AWARENESS WEEK. ACCEPTANCE OF LETTER OF RESIGNATION FROM RONALD BRASWELL, JR. FROM THE PARK AND RECREATION BOARD: A motion was made 148 by Councilwoman Stemple to accept the resignation of Ronald Braswell from the Park and Recreation Board. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - 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 . PRESENTATION BY JOANIE ZEEB ON EAST FORK PARK PLAN: This presentation has been pulled from the agenda as Mrs . Zeeb is ill and not able to attend the meeting. APPROVAL OF AWARD OF BID FOR PUBLIC OFFICIALS LIABILITY INSURANCE: Mr . Johnson stated that there were five bid packets sent out and two bids received . These bids were from Tudor Insurance Co. in the amount of $6 ,107 .05 and from Mt. Hawley Insurance Co. in the amount of $9,205.00. Mr . Johnson stated that staff recommends award of bid to Tudor Insurance in the amount of $6 ,107.05 . A motion was made by Councilman Wright to award the Public Officials Liability Insurance to Tudor Insurance Co. in the amount of $6 ,107. 05 . Seconded by Councilman Wible. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - 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 HYDRATED LIME SLURRY FOR SUMMER STREET PROGRAM: Mr . Johnson stated there were two bids received , the bid from TexLime was not the correct lime that was requested . Staff recommends award of bid to Chemline in the amount of $75 .33 per ton. A motion was made by Councilman Wright to award the bid for Hydrated Lime Slurry to Chemline in the amount of $75 .33 per ton. Seconded by Councilman Wible . The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - 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 CHANGE ORDER NO. 1 FOR THE WASTEWATER COLLECTION SYSTEM IMPROVEMENTS PHASE II : This change order has come from Shimek, Jacobs and Finklea and is in the amount of $9 ,139 .34 . Some of these changes have occurred while doing the work out in the field and some are from the easements agreements that staff made. There was discussion on each of the changes and also that the design for Twin Lakes lift station was in conflict with the existing utilities and had to be moved . A motion was made by Mayor Pro Tem Hughes to approve Change Order No. 1 in the amount of $9,139 .34 . Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - 19 in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - 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 PAYMENT REQUEST FROM PATE & PATE IN THE AMOUNT OF $335 ,023 .43 FOR WASTEWATER . . COLLECTION SYSTEM IMPROVEMENTS: Mr. Don White stated that this pay request No. 4 has been received from Pate & Pate and that the proper personnel have reviewed it. This pay request is for work done over the last 30 days. A motion was made by Councilman Simmons to approve the pay request in the amount of $335 ,023 .43 from Pate and Pate. Seconded by Councilman Wright. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - 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 REFUND OF OVERPAYMENT OF 1989 TAXES IN THE AMOUNT OF $554.06: Mr . Johnson stated that these 1989 taxes were paid twice, and in accordance with State Law you have to have council approval to refund any amount over $500 .00 . A motion was made by Councilman Martin to approve the reimbursement of overpayment of taxes in the amount of $554.06. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - 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 . CITIZEN PARTICIPATION: Mayor Akin invited 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 Wible wanted to know if the street program was still on schedule for July 12th. Mr . White said Thursday, July 12th at 7 :30 A.M. Councilman Wright stated that the packets have not been on the back tables the last few meetings and would like to see them put there. Also post an agenda on the bulletin board in the main entrance and in the box . Councilman Wright also stated that in advertising for the different boards, he would like to see this in both papers. Mr . Johnson was asked what the charge of this was for each paper . Mr . Johnson said he would have to go and check on that. Councilman Wright in regards to reviewing the ordinances 150 concerning report form Mike Wagner , where are we at on this. Mayor Pro Tem Hughes stated that he has tried to get in touch with Mike Wagner on this but he has not gotten back with me. Mr . Beaver said Mike will be here on Thursday for a meeting and discuss this area. Councilman Wright said at the June 12 Council meeting , I had requested files on Industrial Waste Program and the file on reports from Talem, Inc, and I have not received these. Councilman Wright read the following letter of protest into the records: "This letter of protest is hereby submitted in accordance with the provisions set forth under the Texas Revised Civil Statutes annotated, Article 6252-17 Section 4 , better known as the Open Meetings Act . I submit this protest as a result of actions taken on June 26 , 1990 , Item 14 on that night ' s agenda . (1) Employees concerned were not notified of the executive session as provided for under section 2 of the Act which gives them the right to a public hearing if desired . (2) We were not given complete personnel files on the individuals reviewed , thus denying us the opportunity of all of the available information. (3) My objection to the Mayor placing the tape recorder on pause was ignored and he continued to do so. The provisions for this recording are found under section 2C of the aforementioned article. I am not nor will I ever consider myself above the law or the City Charter and I encourage my fellow council members to study these documents to better serve the citizens of Wylie. Respectfully submitted 18 July, 1990 . Steven R. Wright City Council Place 3 ." Councilman Wright also requested that the City Attorney receive a copy of the agenda . Mayor Akin said nothing has changed since last year , I am concerned about items for the citizens , such as the budget, streets, and hiring a new City Manager . Sometimes the Council needs to look at priority. Councilwoman Stemple said executive meetings were run just like that last year and I did not know we had broken the law. Thank you for telling me. Councilman Simmons stated the Director of the Chamber of Commerce has said the Economic Development money from sales 191 taxes will begin this month and we need to get the committee set up with meetings. Councilman Simmons asked the Mayor to set up a meeting with them. Mr. Johnson stated that the Wylie News will charge us $64 . 80 for the advertising for the board members and there is no record of a charge from the Sentinel . Mr . Swanson said it would cost $72 .00 . Councilman Simmons wanted to know if staff had received the publishers affidavits. City Secretary said no . Councilman Wright said he would pay for the ad in the Sentinel . There being no other matters for discussion, a motion was made to adjourn with all in favor . John W. Akin, Mayor ATTEST : lr w jr V}, Caroly J n ty Secretary $ SEAL �,�r�riii3 m I Et,►1u10������`