09-25-1990 (City Council) Minutes 197
CITY COUNCIL MEETING
MINUTES
SEPTEMBER 25, 1990
The City of Wylie City Council met in regular session at
7 :00 P.M. on Tuesday, September 25, 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 John Akin, Mayor
Pro Tem Don Hughes , Council Members Steve Wright , Chuck
Wible, William Martin, Pat Stemple and Percy Simmons, City
Manager Bill Dashner , City Secretary Carolyn Jones, Engineer
Paul Beaver , Finance Director James Johnson, Public Works
Director Bill Flowers and City Attorney Rob Dillard.
Mayor Akin called the meeting to order and Father Pondant
gave the invocation which was followed by the Pledge of
Allegiance.
Mayor Akin recessed the open meeting and convened Council
into Executive Session at 7 :05 P.M. under the authority of
Article 6252-17 V.A.C.S. , Section 2 paragraph "e"
consultation with City Attorney and City Auditor to
determine legal course of action on Special Audit of Wylie
Volunteer Fire Department and unaccounted for equipment and
tools . Councilman Wible excused himself from the executive
session and stated he would have to abstain from voting if
there was any decision after the executive session.
Mayor Akin reconvened the Council into open meeting at 8 :25
P.M. and stated that Council has requested the City Manager
to continue the investigation of the Fire Department .
APPROVAL OF MINUTES OF AUGUST 14TH MEETING: Councilman
Wright corrected the minutes to reflect his vote on the
Garland Chapter of Medical Assistants setting up carnival
rides in Oaks Shopping Center Parking lot to be against not
in favor . A motion was made by Mayor Pro Tem Hughes to
approve the minutes as corrected . Seconded by Councilwoman
Stemple. 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 .
ACCEPTANCE OF LETTER OF RESIGNATION FROM GEORGE FOURNIER
FROM PARK AND RECREATION BOARD: Mr . Fournier has written a
letter of resignation from the Park and Recreation Board. A
motion was made by Councilman Martin to accept the letter of
resignation. Seconded by Councilwoman Stemple. The vote
was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes
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- 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 .
PROCLAMATIONS FOR "FAMILY VIOLENCE AWARENESS MONTH" AND FOR
THE LATE CHARLES C. STIBBENS: One proclamation is for the
month of October , 1990 from Collin County Women' s Shelter
and is for "Family Violence Awareness Month" . Mayor Akin
read the following proclamation into the records:
WHEREAS, historically and presently women and children have
been victims of domestic violence within the home, and
WHEREAS, the incidence of violence against women is
increasing disproportionately to that of other crimes across
the nations, and
WHEREAS, domestic violence leaves a legacy of physical ,
psychological, financial and social consequences for all
members of society at large, and
WHEREAS, it is the goal of this community to eradicate
domestic violence and support healthy family values through
community awareness and support of the Collin County Women' s
Shelter, and
WHEREAS, the community supports legislation currently
pending in both the House and Senate to designate october as
NATIONAL FAMILY VIOLENCE AWARENESS MONTH,
NOW, THEREFORE, I , JOHN W. AKIN, MAYOR OF THE CITY OF WYLIE,
TEXAS, DO HEREBY PROCLAIM THE MONTH OF OCTOBER, 1990 AS:
"FAMILY VIOLENCE AWARENESS MONTH" in the City of Wylie,
Texas, and urge all citizens to actively support and
participate in the scheduled events and on-going programs
designed to reduce and eventually eliminate domestic
violence.
Mayor Akin read the second proclamation into the record as
follows: :
WHEREAS, Charles C. Stibbens, born in Baltimore County
Maryland, in the 1830 ' s and was an early settler in the
Republic of Texas . He came to the Republic of Texas with
the First Volunteer Company to support the Lone Star
Republic.
WHEREAS, Charles C. Stibbens formed and financed Company I ,
1st Regiment of the Texas Volunteers . His regiment served
under the command of Major Leander Smith and Captain William
S. Fisher in the Velasco Blues at San Jacinto.
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WHEREAS, for his service at San Jacinto Charles C. Stibbens
was issued Donation Certificate No. 534 in Anderson County
also Certificate Nos . 945 and 4269 for additional acreage
for his military participation and as an early settler of
the Republic of Texas.
WHEREAS, Charles C. Stibbens moved his large family to the
St. Paul Community in Collin Col , September , 1870 . He died
on 31 March 1879 and is buried by the side of his beloved
wife in the St. Paul Catholic Cemetery.
WHEREAS, The many descendants of Charles C. Stibbens, being
in this area, great, great granddaughter , Brenda Burns
Kellow, President, Dallas Chapter #2 , Descendants of San
Jacinto , will add two medallions designed by the Daughters
of the Republic of Texas to his tombstone.
NOW, THEREFORE, I , JOHN AKIN , MAYOR OF THE CITY OF WYLIE,
TEXAS, DO HEREBY PROCLAIM SPECIAL RECOGNITION TO THE LATE
CHARLES C. STIBBENS AS PART OF THE CEREMONIES ON SEPTEMBER
22, 1990 AT ST. PAUL CATHOLIC CEMETERY.
A motion was made by Mayor Pro Tem Hughes to approve the
proclamation for "Family Violence Awareness Month and for
"Charles C. Stibbens" . 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 .
Mayor Akin presented the proclamation to representatives of
the Collin County Women' s Shelter , no one was here from the
Stibbens family to receive the proclamation.
CONSENT AGENDA: The consent agenda consisted of the
follows : (a) final claim in the amount of $5 , 877 .00 and
acceptance of Water Tower Refurbishing Program, (b) payment
claim in the amount of $273 ,428 .98 to Pate and Pate on
construction of Muddy Creek Sewer Line, (c) authorization
solicitation for competitive bids for Vehicle Fuel for One
(1) Year, (d) Final claim in the amount of $68,634 . 30 and
accept project as complete on 1990 Summer Street Program and
approve change order No. 1 in the amount of
$7 ,066 .30 ( included in the above amount) , (e) payment of
claim in the amount of $824 .38 as part of the Wylie Service
Center Investigation. A motion was made by Mayor Pro Tem
Hughes to approve the consent agenda . 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 .
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PUBLIC HEARING ON ADOPTION OF AN ORDINANCE CHANGE LOTS 13,
14 & 15 OF BLOCK 3 IN THE BROWN & BURNS ADDITION FROM SF-3
TO PROFESSIONAL OFFICE ZONING CLASSIFICATION: Mayor Akin
opened the public hearing and requested those wishing to be
heard to come forward and state their name and address for
the record and to keep their comments to five minutes.
Mr . James Parker of 306 N. Ballard addressed the Council
opposing this zoning change.
Mr . Bill Lewis, Executive Director for Birmingham Land
Board, of 2614 S. Glenbrook, and Mr. John Spillyards of 301
N. Jackson addressed the council as being in favor of this
zoning change.
There being no other comments or questions from the public,
Mayor Akin closed the public hearing.
ORDINANCE CHANGING LOTS 13, 14 & 15 OF BLOCK 3 IN THE BROWN
& BURNS ADDITION FROM SF-3 TO PROFESSIONAL OFFICE ZONING:
Mayor Akin turned his chair over to Mayor Pro Tem Hughes, as
Mayor is the Chairman of the Birmingham Land Board and feels
he should not be a part of the vote unless there is a tie.
Mayor Pro Tem Hughes called for a motion and a motion was
made by Councilman Wright to approve the zoning for ,..,
Professional Office and to meet building requirements.
There being no second to this motion, it died on the table.
A motion was made by Councilman Simmons to deny the zoning
request . 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
- against, Councilwoman Stemple - in favor , and Councilman
Simmons - in favor. This motion carried to deny zoning with
five (5 ) in favor . and one (1) against.
Mayor Pro Tem Hughes called Mayor Akin back into the room
and turned the chair back to him.
PUBLIC HEARING ON REMOVING THE BRANCH PENINSULA AREA FROM
THE CITY ' S EXTRA TERRITORIAL JURISDICTION: Mayor Akin
opened the public hearing and requested those wishing to
speak to come forward and state their name and address for
the record and to keep their comments within five minutes.
Mr. Paul Tucker, Rt. 11 Box 59 and Mr. James A. Toles, Rt.
11, Box 73 and Mr . David Barnes Rt 11, Box 144 spoke in
favor of having the city remove the Branch Peninsula Area
from the City' s Extra Territorial Jurisdiction.
There being no other comments or questions, Mayor Akin
closed the public hearing .
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ADOPTION OF AN ORDINANCE REMOVING THE BRANCH PENINSULA AREA
FROM THE CITY 'S EXTRA TERRITORIAL JURISDICTION: A motion
was made by Councilman Wright to approve the ordinance
removing the Branch Peninsula Area from the City of Wylie' s
Extra Territorial Jurisdiction. 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 .
ADOPTION OF AN ORDINANCE LIMITING CITIZENS PARTICIPATION ON
ENUMERATED BOARDS AND COMMISSIONS: City Manager Bill
Dashner said this item was requested by a Council member and
staff has researched it. The City Charter says Council may
have a policy to have citizens serve only on one Board or
may have them serve on more than one board . City Manager
Bill Dashner read the Ordinance into the record as follows :
WHEREAS, it is the desire of the City Council in the
interpretation of Article 8 of the city Charter ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 . In order to obtain increased citizen
participation on Boards and Commissions the City Council
establishes as policy that citizens shall be appointed to
and serve on only one (1) Board or Commission
SECTION 2 . This policy does not include members of the
Governing Board, the City Manager ' s office or staff .
SECTION 3 . As the Charter stipulates individuals may be
appointed to serve on more than one (1) Board , Commission or
Committee. The City Council may by ordinance consolidate
the functions of the various Boards, Commissions or
Committees enumerated in the Article.
SECTION 4 . The Boards and Commissions this order will apply
to are as follows : Planning and Zoning , Parks and
Recreation, Library Board, Development Board and NTMWD Board
and the Board of Adjustments.
SECTION 5 . The Ordinance shall take effective immediately
for and after its passage and the publication of its caption
as the law in such cases provides.
Duly passed by the City Council of the City of Wylie, Texas
on this the 25th day of September , 1990 .
City Manager Bill Dashner stated that this ordinance is not
retro-active .
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A motion was made by Councilwoman Stemple to approve as
read . Seconded by Councilman Simmons. 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.
CONSIDER COMPETITIVE BIDS FOR THE ACQUISITION OF EQUIPMENT
NEEDED ON AN ONGOING BASIS FOR STREET AND DRAINAGE
MAINTENANCE: City Manager Bill Dashner stated that this was
a budgeted item, there was $32,000 . There is a need for a
gradaal , a motor grader and a bull dozier . This equipment
is needed if Public Works is going to get the work done.
City Manager Bill Dashner recommends to Council to grant
authorization for seeking competitive bids on this
equipment . A motion was made by Councilman Martin to grant
authorization for staff to seek competitive bids on the
above listed equipment . 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.
NAMING OF CITY STREET THAT IS CURRENTLY UNNAMED: City
Manager Bill Dashner stated that a citizen has requested
this street be named . There are no homes or businesses on
the street . A motion was made to table by Mayor Pro Tem
Hughes until a list of veterans has been acquired . 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 .
CONSIDER CITY COUNCIL WORKSHOP CONCEPT FOR POLICY PLANNING
AND POLICY DEVELOPMENT: After some discussion, it was
suggested to have the third Tuesday of each month as a
policy/planning meeting, and it was also suggested to look
at having one regular council meeting per month. A motion
was made by Councilman Wright to have the third Tuesday of
each month as planning and policy development meetings.
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 .
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AWARD BID ON THE LEASE/PURCHASE OF ONE (1) NEW COPY MACHINE:
City Manager Bill Dashner stated that this is a re-bid item
and that Purchasing Agent assured me the specs were written
for open bid and not for one model . We have been through
the bid process and the Lanier meets or exceeds bid specs.
Staff recommends the low bidder , Lanier 6360 in the amount
of $222 .44 lease/purchase monthly payment, total cost for 48
months $23,667 . 92 , but with the stipulation if this machine
does not meet performance then we will remove it and go with
another machine. A motion was made by Mayor Pro Tem Hughes
to approve the award of bid to Lanier 6360 in the amount of
$222 .44 per month. 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 FINAL PLAT ON MARTINEZ ADDITION, PHASE II: City
Manager Bill Dashner stated that staff recommends approval .
A motion was made by Councilman Simmons to approve the final
plat on Martinez Addition, Phase II . 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 .
AUTHORIZATION FOR GREEN THUMB, INC. TO PLACE TWO (2 )
TRAINEES AT THE SMITH PUBLIC LIBRARY: City Manager Bill
Dashner stated that these trainees will work 20 hours per
week. This will help the Library manpower and will be at no
cost to the City. These trainees will work for six months
and then the City has the option to bring them on full time,
part time or continue with the program being paid by
Community Action, Inc . A motion was made by Councilman
Wright to approve the placement of two trainees at the Smith
Public Library through the Green Thumb, Inc. Seconded by
Mayor Pro Tem Hughes. 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 .
CONSIDER LETTER FROM TEXAS WATER COMMISSION ON FINES AND
PENALTIES REGARDING THE CITY SEWER SYSTEM AND APPROVAL OF
LETTER OF APPEAL: The City staff received a letter from
Texas Water Commission on fines and penalties regarding the
sewer system, which is answering the City' s request to
eliminate the stipulated penalties from the Agreed Order
since the City is making a sincere, honest, measurable
effort to comply with the Enforcement Order . If the City
wishes to pursue an amendment to the Enforcement Order , a
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formal request should be made. The enclosed letter is the
formal request staff is seeking authorization from Council
to forward to the Texas Water Commission. A motion was
made by Mayor Pro Tem Hughes to approve the letter
requesting an amendment to the Enforcement Order. 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 - against, Councilwoman Stemple - in favor , and
Councilman Simmons - in favor . This motion carried with six
(6) in favor, and one (1) against.
Mayor Akin called for a ten minute recess.
CONSIDER TYPE OF SEWER LINE AND SYSTEM IN ORDER TO PROVIDE
SEWER SERVICE TO NEWPORT HARBOR AREA: City Manager Bill
Dashner stated there are two methods, one is a gravity flow
line with engineer estimated cost of $587,500 . or a lift
station with force main with engineer estimated cost of
$340,500 . Mr. Joe Carter from Shimek, Jacobs and Finklea,
stated that they prepared the lift station and force main to
connect Newport Harbor into Presidential Estates . This
would only sewer Phase I of Newport Harbor, if gravity sewer
line was put in then it would sewer all area east of FM 1378
from Newport Harbor South to W. Brown Street. City Manager
Bill Dashner stated that on the next agenda, there will be
an item for authorization to seek competitive bids for
either the gravity flow line or the lift station and force
main, for which ever direction council wants to go.
A motion was made by Mayor Pro Tem Hughes to approve option
NO. 2 - construct a force main system with a lift station.
Seconded by Councilman Simmons. 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.
CONSIDER AMENDING FY91 BUDGET TO FINANCE UNFUNDED LIABILITY
FOR PAST AND PRESENT MANAGEMENT PERSONNEL: City Manager
Bill Dashner stated that Council has discussed this
previously and I have made a recommendation based on the old
Personnel Policy to allow 400 Comp Hours . City Manager Bill
Dashner stated he did not feel the city has a legal
responsibility to go past the 400 hours . City Manager
stated he was asking Council to give him criteria to
negotiate with. It was suggested to negotiate with time off
instead of dollars . A motion was made by Councilman Martin
to go ahead and take care of the Public Works Superintendent
up to 400 hours . Seconded by Councilwoman Stemple. 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 ,
2O '
Councilwoman Stemple - in favor , and Councilman Simmons - in
favor . This motion carried with all in favor .
UPDATE REPORT AND AUTHORIZATION FOR LEGAL EXPENDITURES ON
LANDFILL CLOSURE PROGRAM: City Manager Bill Dashner
stated that Shipley & Inhofe, attorneys representing the
City, feel the final report from the State will be in next
week. This report will inform the City on the engineering
that will have to be done and the method of closing on the
landfill . There is a claim from Shipley & Inhofe in the
amount of $5 ,825 . 39 for work performed . Staff recommends
approval of payment. A motion was made by Councilman Wright
to approve the claim in the amount of $5 , 825 . 39 . 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.
APPOINTMENT OF CONSTRUCTION CODE BOARD: A motion was made
by Councilman Wright to table this item. Seconded by
Councilman Simmons. 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 .
CONSIDER BUILDING CODE AS IT APPLIES TO WOOD TRUSSES : A
motion was made by Councilman Simmons to table this item.
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 .
REPORT ON VARIOUS PROJECTS: Updated reports were given on
the following :
RUSH CREEK LIFT STATION IMPROVEMENTS
RELOCATION OF ALANIS DRIVE
FINALIZATION OF TWO MAJOR DRAINAGE PROJECTS COMPLETED
STATUS REPORT OF SEWER LINE PROJECT
FULL ENFORCEMENT OF IMPACT FEE
INVESTIGATION OF SUB-BASE
20f
CITIZEN PARTICIPATION: Mr . Choya Tapp of 2250 Sachse Road
addressed the Council regarding the Volunteer Fire
Department .
There being no other matters of business for discussion, a
motion was made to adjourn with all in favor.
John W. Akin, Mayor
ATTEST :
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