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08-14-1990 (City Council) Minutes 170 CITY COUNCIL MEETING MINUTES AUGUST 14,1990 The City of Wylie City Council met in regular session on Tuesday , August 14 , 1990 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 Don Hughes, Council Members Steve Wright, Pat Stemple, Percy Simmons , Chuck Wible and William Martin, City Manager Bill Dashner, City Secretary Carolyn Jones, Finance Director James Johnson, Engineer Paul Beavers . Mayor Akin was out of town. Mayor Pro Tem Don Hughes called the meeting to order and called on Rev. Al Draper for the invocation and Councilman Wible to lead the Pledge of Allegiance. APPROVAL OF MINUTES FROM THE JULY 10TH AND 19TH, 1990 COUNCIL MEETINGS: There being no corrections or additions, a motion was made by Councilwoman Stemple to approve the minutes as submitted. Seconded by Councilman Simmons . The vote was as follows : 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 LETTER DESIGNATING CHAIN OF COMMAND IN CASE OF THE CITY MANAGER 'S ABSENCE OR DISABILITY AS STATED IN ARTICLE 4 , SECTION 1 , SUBSECTION D OF THE CITY CHARTER: City Manager Bill Dashner has recommended Mr . James Johnson be listed as Acting City Manager in case of the City Manager ' s absence or disability as stated in the City Charter . A motion was made by Councilman Simmons to appoint Mr . James Johnson as Acting City Manager in case of the City Manager' s absence or disability as stated in Article 4 , Section 1 , Subsection D of the City Charter. Seconded by Councilman Martin. The vote was as follows : 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 AN ORDINANCE REQUIRING CONNECTION TO A SANITARY SEWER MAIN OF ALL OWNERS AND OCCUPANTS OF BUILDINGS WITHIN FIVE HUNDRED (500) FEET OF SUCH MAIN: City Manager Bill Dashner stated that staff recommends this ordinance which —� requires connection to a sanitary sewer main of all owners and occupants of buildings within Five Hundred (500) feet of such main , requiring connection to be made within ninety 171 (90) days after having been notified that such sanitary sewer service is available; authorizing disconnection of water service upon failure to connect to sanitary sewer service; providing for the replacement of a sanitation sewer lateral that serves a residential structure on private property to connect the lateral to the new sanitation main; providing for the repeal of all ordinances in conflict and a severability clause and for a penalty of fine not to exceed the sum of Two Thousand Dollars for each offense and providing for an effective date . A motion was made by Councilman Wright to approve the Ordinance requiring connection to a sanitary sewer main of all owners and occupants of buildings within Five Hundred (500) feet of such main , with simple interest of 10% per year if owner requests a payment plan. Seconded by Councilman Simmons. The vote was as follows : 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 RESOLUTION OF THE CITY OF WYLIE SUPPORTING AND AGREEING TO PARTICIPATION WITH THE COUNTY OF COLLIN ON THE RECONSTRUCTION OF BROWN STREET AND RECONSTRUCTION OF CERTAIN SECTIONS OF MCCREARY ROAD AND FINANCING THE CONSTRUCTION ALL IN WYLIE, TEXAS AND THE COUNTY OF COLLIN, TEXAS: City Manager Bill Dashner stated that there have been several meetings with the County Commissioners, the cost of doing both projects is $713 ,000 , and the total amount of money available for the project is $742,000 , which would leave only $29 ,000 . The City should request a 27 foot connected concrete road from FM 544 connecting to the railroad tracks and go as far to the trailer park as money will allow. A motion was made by Councilwoman Stemple to approve the Resolution supporting and agreeing to participation with the County of Collin on the reconstruction of Brown Street and certain sections of McCreary Road . Seconded by Councilman Wible. The vote was as follows : 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 GARLAND CHAPTER OF MEDICAL ASSISTANTS TO SET UP CARNIVAL RIDES IN OAKS SHOPPING CENTER PARKING LOT FROM AUGUST 20TH THRU AUGUST 26TH: City Manager Bill Dashner reported that a portion of the proceeds would go to the Lifeline Ambulance. A motion was made by Councilwoman Stemple to approve the carnival rides in Oaks Shopping Center Parking lot from August 20th thru August 26th. Seconded by Councilman Simmons. The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman 172 Simmons - in favor. This motion carried with all in favor . Councilman Wright made a motion to amend the above motion to state that the proceeds go to Wylie Christian Care Center and not Lifeline Ambulance . Seconded by Councilman Simmons. The vote was as follows : 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. APPOINTMENT TO ECONOMIC DEVELOPMENT BOARD OF DIRECTORS TO REPLACE MR. RANDY ARP: A motion was made by Councilman Simmons to appoint Mr . James Blakey to replace Mr . Randy Arp. Seconded by Councilman Wright . The vote was as follows : 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 . DISCUSSION OF BYLAWS FOR ECONOMIC DEVELOPMENT COMMITTEE BOARD OF DIRECTORS: City Manager Bill Dashner stated these Bylaws were patterned after the City of Abilene, and staff sees no problems. You as a Council appoint the members and they will have to come back to Council to approve their budget. This board cannot go in debt or buy property without Council approval . City Manager Bill Dashner requested to amend annual report from May 1 to August 1 . Council requested a work session on Tuesday, August 21st at 7 : 00 P.M. DISCUSS AND REVIEW FINAL DRAFT OF REVISED RFP FOR THE CITY OF WYLIE CONCERNING AMBULANCE SERVICE: City Manager Bill Dashner stated that the RFP ' s for ambulance service has been sent out to the Council and Council needs to decide if this is the criteria or select other criteria for the RFP ' s. DISCUSS AND CONSIDER APPROVAL OF ACTION PLAN ON SIX ENVIRONMENTAL CONCERN AREAS : City Manager Bill Dashner identified the following six major problems: - Chemical Recycling - Super Fund Project - under litigation process - Pump and haul program - should be out of this by August, 1991 - Industrial pretreatment discharge program - mandated by EPA - Landfill reclamation and/or closing program - -- : litigation process - Underground storage facilities - at Public Works 173 Service Center and current permits expires Dec. , 1991 - Sewer Plant operations, contract monitoring and new expenditure requirements - must be in compliance by July, 1991 DISCUSSION AND CONSIDER PROPOSED BY-90-91 CITY BUDGET: This item was moved to the meeting for Tuesday, August 21st. APPROVAL OF PROPOSED LAND DONATION TO THE CITY OF WYLIE FROM SANDEN CORPORATION INC. FOR PARK AND RECREATIONAL PURPOSES: Mr . J. T. Dunkin said the proposed land has been suggested by us to use with Grant from the Texas Parks and Wildlife. Council should not accept the land until you do have the grant. Plans need to be drawn up plus estimated costs. City Manager Bill Dashner stated that Council needed to consider that both parks, the one from Sanden and the Eastfork Park , will have to have maintenance and improvements if accepted . City Manager Bill Dashner suggested that both of these concepts be presented to the Park and Recreation Board and then come back to Council . City Manager Bill Dashner stated that Council should look at the fact that two parks at one time may be more than we need, but Sanden donating the land, should be looked at. If we can move forward on a plan to present to Sanden, then this plan can be used for matching grant funds . City Manager Bill Dashner stated that approval of proposal for plan for use of the land to be presented to Sanden and then forward plans to Austin. A motion was made by Councilman Wright to approve the land donation pending Sanden' s acceptance of the City' s proposal . Seconded by Councilman Wible. The vote was as follows : 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 PARKS AND RECREATION BOARD MEETINGS TO BE MOVED FROM WEDNESDAY NIGHT : City Manager Bill Dashner stated this was being brought up to make Council aware that board meetings held on Wednesday and that this was not a good public policy to convene meetings and fix meeting dates that exclude participation by a large segment of the city population. After some discussion, it was suggested that council table this item and have the City Manager write a letter to the Park Board stating the Council ' s feeling on moving their meeting to date to some other day than Wednesday. A motion to table was made by Councilman Simmons and seconded by Councilman Wible. The vote was as follows: Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman 174 Simmons - in favor. This motion to table carried with all ,.�.„ in favor. DISCUSS AND CONSIDER A WORKSHOP MEETING WITH NORTH TEXAS MUNICIPAL WATER DISTRICT: City Manager Bill Dashner stated that he has talked with Mr . Carl Riehn and he will be willing to meet at anytime. Monday , August 27 , 1990 was suggested for the meeting . APPROVAL OF ADDENDUM #1 WITH CONTRACTOR ON SUMMER STREET PROGRAM ON DRIVEWAY TIE-INS: City Manager Bill Dashner stated that most city policies have all street tie-ins as not to exceed five feet . Staff recommends five (5) feet for all street tie-ins. A motion was made by Councilman Wright to approve the policy that all street tie-ins will be five (5) feet. Seconded by Councilman Martin. The vote was as follows : 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. APPROVAL OF SPECIFICATIONS FOR ONE NEW 1990 POLICE PACKAGE PATROL UNIT AND AUTHORIZE COMPETITIVE BIDDING: City Manager Bill Dashner stated that staff has located a unit for $13,322, there are three units in next years budget. Council needs to give authorization to staff to go ahead and purchase one of these units from this years budget . A motion was made by Councilman Simmons to grant authorization for staff to seek competitive bids for one 1990 police package patrol unit. Seconded by Councilwoman Stemple. The vote was as follows : 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 . ACCEPTANCE OF FILL-DIRT FROM NORTH TEXAS MUNICIPAL WATER DISTRICT FILL/DIRT DISPOSAL: City Manager Bill Dashner stated that the city can still get approximately 30 ,000 cubic feet, it can be used to cap the landfill . It might entail 2 ,000 trips on E. Brown from North Texas Municipal Water District to Highway 78 . The value of the dirt will far out weigh the damage to Highway 78, E. Brown and Alanis. A motion was made by Councilman Martin to approve the fill- dirt from North Texas Municipal Water District . Seconded by Councilman Wright. The vote was as follows : 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 AUTHORITY FOR CITY ATTORNEY TO AMEND CERTAIN SCHOOL ZONE ORDINANCES AND AUTHORIZATION FOR STRIPING ON ZONES TO BEGIN: City Manager Bill Dashner stated that the 175 Council had commissioned a very in-depth study of all the city' s school zones. The staff has received this study but did not have time to get all the amendments done and re- stripe all school zones throughout the City. Staff suggest to have the attorney do these amendments and grant authority for the re-stripping prior to the ordinance amendment being adopted . A motion was made by Councilman Wright to approve authority for the city attorney to amend certain school zone ordinances and to grant authorization for striping on zones to begin . Seconded by Councilwoman Stemple. The vote was as follows : 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. DISCUSS AND CONSIDER APPROVAL OF AN AMENDMENT TO THE CITY OF WYLIE PERSONNEL REGULATIONS: City Manager Bill Dashner stated that staff has identified a problem under the current Personnel Policy , where an employee can accrue 400 hours of comp time. In order to try and control this I am suggesting it be capped at 200 hours . I am encouraging all Department Heads to use as much of their accrued comp time as possible. Motion was made by Councilman Wright to approve amendment with stipulation that this will be reviewed in six months . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Pro Tem Hughes - against, Councilman Wible - against , Councilman Martin - against, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - against . This motion failed with four against and two in favor . Council asked that this item be addressed in a work session on August 27 , 1990 . APPROVAL OF PAYMENT REQUEST FROM FREEMAN MILLICAN FOR ENGINEERING WORK ON REPAINTING OF THE ELEVATED WATER STORAGE TANK IN THE AMOUNT OF $801 .91 : City Manager Bill Dashner stated that this is the agreement of the contract and staff recommends approval . Motion was made by Councilman Wright to approve the payment request in the amount of $801 . 91 to Freeman Millican . Seconded by Councilman Wible. The vote was as follows : 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 $61 ,397 .46 FOR PHASE II WASTEWATER COLLECTION SYSTEM IMPROVEMENTS: City Manager Bill Dashner stated that staff recommends approval . Motion was made by Councilman Simmons to approve the payment request from Pate & Pate in the amount of $61 ,397 .46 . Seconded by Councilman Wright. The 176 vote was as follows : 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 $329 ,940 .94 FOR MUDDY CREEK WASTEWATER INTERCEPTOR LINES: City Manger Bill Dashner stated that staff recommends approval . A motion was made by Councilman Wright to approve the payment request from Pate & Pate in the amount of $329,940 .94 . Seconded by Councilman Wible. The vote was as follows : 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: Jack L. Bass of 100 Rustic Trails South spoke to the Council on looking into the problem of the creek that runs through Rustic Oaks Subdivision. This creek has grown up with trees and brush and is a real problem. COUNCIL DISCUSSION: The following items were brought to the staff' s attention: look at having trash pick up in front and get the trucks out of the alleys condemned house on Jackson St . , is the staff still working on this and the other through out the city need to check the fire hydrant on Jackson St. , it is leaking lot next to the the motor bank needs to be mowed street repairs are needed on Marble, between the Locker Plant and Johnston staff to look at Rush Creek Lift Station Council inquiries being used again ordinance on train speed limits through the City environmental concerns letter that Council received on Grants, North Texas Council of Government has grant packages newsletter to see if this can be done again or a hand book of city services 177 planning session for Council to look at a one to five year plan There being no other matters for discussion, a motion was made to adjourn with all in favor . Don Hughes , a or Pro Tem ATTEST: `1°\14 It!?1{{I{i1111111;11//04 `s Carolyn Jo es , iC ecretary