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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 198 - 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. 199 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 . 200 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 . 201 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 . 202 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 . 203 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 204 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 : Oiunitintillo Carolyn nes y Secretary fAt L =