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
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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
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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
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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 -
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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
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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
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