10-23-1990 (City Council) Minutes 219
CITY COUNCIL MEETING
MINUTES
OCTOBER 23, 1990
The City of Wylie City Council met in regular session on
Tuesday, October 23 , 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 Chuck Wible, Steve
Wright, Pat Stemple, William Martin, and Percy Simmons, City
Manager Bill Dashner , City Secretary Carolyn Jones, Engineer
Paul Beaver , Public Works Director Bill Flowers.
Mayor Akin called the meeting to order and Rev. Brandish
gave the invocation which was followed by the Pledge of
Allegiance.
APPROVAL OF MINUTES OF AUGUST 21ST AND SEPTEMBER 11 , 1990
MEETINGS: Councilman Wright corrected the minutes of
September 11 , 1990 to delete the last paragraph beginning
"Councilman Simmons asked Mayor Akin where the City Manager
was -etc.- and ending with the sentence Mayor Pro Tem Hughes
stated that without the City Manager --etc.--- . Councilman
Wright stated this is in accordance with the new procedures
handed out a few weeks ago . A motion was made by Mayor Pro
Tem Hughes to approve the minutes with the above correction.
Seconded by Councilman Wible. The vote was as follows:
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor ,
Coucnilman 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 AND PRESENTATION OF A PRFOCLAMATION FOR NATIONAL
DRUG FREE AMERICA WEEK - WEEK OF OCTOBER 21 - 28 , 1990 :
Mayor Akin read the Proclamation into the record as follows :
WHEREAS, National Red Riobbon Campaign will be celebrated
in every community in America during "RED RIBBON WEEK" ,
October 21 - 28 , 1990 ; and,
WHEREAS, President Bush and Mrs . Bush are the Honorary
Chairman of this community focus on a DRUG FREE AMERICAN;
and,
WHEREAS, THE NATIONAL FEDERATION OF PARENTS FOR DRUG YOUTH,
and the DRUG FREE YOUTH OF AMERICA are coordinating this
grass roots community awareness program in a united effort
with NFP representatives in each state, in cooperation with
NATIONAL DRUG FREE AMERICA WEEK, October 21 - 28 , 1990 , and
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WHEREAS, the City of Wylie further commits its resources to
ensure the success of the RED RIBBON CAMPAIGN; and,
NOW, THEREFORE, I , JOHN W. AKIN, MAYOR OF THE CITY OF WYLIE,
TEXAS, AND ON BEHALFT OF THE WYLIE CITY COUNCIL, do hereby
proclaim october 21 - 28 , 1990 as RED RIBBON WEEK AND DRUG
FREE AMERICA and encourage all citizens to participate in
drug awareness and dru education activities, making a
visible statement that we are strongly committed to drug
free, healthy lifestyles, and encourages all citizens to
pledge; "THE CHOICE FOR ME, DRUG FREE! " .
A motion was made by Mayor Pro Tem Hughes to approve the
proclamation for DRUG FREE AMERICA week October 21 - 28 ,
1990 . Seconded by Councilman Martin. The vote was as
follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in
favor , Councilman Wible - in favor ,a Councilman Martin -in
favor, Councilman Wright - in favor, Councilwoman Stemple -
in favor, and Councilman Simmons - in favor . This motion
carried with all in favor.
CONSENT AGEDNA: The consent agenda consisted of the
following :
(a) approval of payment of claim Number 6 to Contractor
Pate & Pate for construction work on Phase II Sewer project
in the amopunt of $170 ,994 . 26
(b) authorizing competitive bids for three (3 ) new 1990 oir
1991 Police Package Units and approve specifications
(c) receiving competitive proposals for preparation of an
official City Zoning Map
(d) approval of Interlocal Governmental Agreement between
City of Wylie and the City of Allen for use of equipment and
manpower .
A motion was made by Councilman Simmons to approve the
Consent Agenda as listed above. 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 .
2 2_ 1
CONSIDER INTERLOCAL GOVERNMENTAL AGREEMENT FOR ANIMAL
CONTROL SERVICE WITH THE CITY OF MURPHY: City Manager Bill
Dashner stated that staff recommends rejection of this
agreement for the following reasons:
1 . The City of Wylie has employed one (1) animal control
officer and one (1 ) animal control patrol vehicle. Ths
individual is on call 24 hours a day.
2 . The new animal shelter at time is at full capacity with
dogs and cats
3. The City of Wylie animal control division is currently
doing an adequate job to serve the City of Wylie. We cannot
pull this unit over to another city and let our City' s needs
go.
4 . It is approximately a ten (10) mile round trip to
Murphy. Our citizens would have to wait for service while
our unit was serving another city.
A motion was made by Councilman Martin to deny the Animal
Control Agreement between the City of Wylie and Murphy.
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 ,a nbd Councilman Simmons - in favor . This motion
carried with all in favor .
APPOINTMENT OF ALTERNATE MUNICIPAL COURT JUDGE FOR THE WYLIE
MUNICIPAL COURT SYSTEM: The Council ask for an opinion from
the City Attorney regarding the possible conflict of
interest if a husbanc and wife team were used to cover the
posistions of Judge and Alternate Judge . A motion was made
by Mayor Pro Tem Hughes to table until a legal opinion is
givein on this possible conflict . 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 .
to table.
CONSIDER THE ADOPTION OF AN ORDINANCE AMENDING ORDINANCE N.O.
84-12 , THE FEE ORDINANCE CITY OF WYLIE , SECTION 7 ,
MAINTENANCE BONDS : City Manager Bill Dashner stated that
this ordinance will increase the maintenance bond to 100% .
At present our Fee Ordinance has the maintenance bond set at
10o which will not cover the expenses should anything go
wrong. A motion was made by Councilman Wright to approve
the ordinance amending Ord. No. 84-12 - The Fee Ordinance,
Section 7 increasing the maintenance bond to 100% . Seconded
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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 .
CONSIDER THE ADOPTION OF AN ORDINANCE UPDATING SERVICE
CREDITS FOR THE TEXAS MUNICIPAL RETIREMENT SYSTEM: Motion
was made by Mayor Pro Tem Hughes to approve the ordinance
Updating Service Credits for the Texas Municipal Retirement
System. 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 .
CONSIDER SUPPLYING WATER TO OURSIDE CITY LIMITS FOR
COMMERCIAL WATER ACCOUNT: This water servie would be to a
nursery consisting of 14 greenhouses. Staff first thought
this would be an ideal customer , but at this time feels
there is a need to have the system looped prior to adding a
high user such as this . A motion was made by Councilman
Simmons to table at this time. 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 carrid with all in favor .
to table.
CONSIDER FORMAL RECOMMENDATION FROM PROFESSIONAL PARK
PLANNER ON PROPOSED SANDEN PARK DEDICATION LAND: This
report shows much of this land to be in the flood plain and
if the land were used for a grant application to Texas Parks
and Wildlife for matching fund, the appraisal for flood
prone land would not create enough monies to develop a
budget to build usable facilities. A motion was made by
Councilman Simmons to table this item as well as the next
item (Eastfork Park) , and to send both to the Park Board for
review . 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 to table.
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CONSIDER AWARDING COMPETITIVE BID FOR YEARLY CONTRACT FOR
GASOLINE AND DIESEL FUEL: Staff received one bid out of
the twelve vendors that were sent bidding packets and
information. The one bid is from Reeder Distributors as
follows :
Rack Price Mark up Bid Price
Premium Unleaded $1 .0257 gal . $ .045 gal . $1 .0707 gal .
Regular Unleadede $ .9366 gal . $ .045 gal . $ .9816 gal .
Diesel $1 .0301 gal . $ .045 gal. $1 .0751 gal .
A motion was made by Councilman Martin to accept the bid
from Reeder Distributors . 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 .
CONSIDER AUTHORIZING NECESSARY ACTION TO UTILIZE $45,257 .36
OF PERIMETER STREET FEES TO RECONSTRUCT PHASE I OF AKIN
LANE: This reconstruction is for twenty seven foot street
and drainage improvements by force account labor . City
Manager Bill Dashner stated that he believes the city forces
can do Akin, Kieefer , Cottonbelt and Kreymer within the next
few months . A motion was made by Mayor Pro Tem Hughes to
approve the authorization to utilize $45 ,257 . 36 of Perimeter
Street Fees to reconstruct Phase I of Akin Lane . 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 .
CONSIDER RECONSTRUCTION OF KREYMER ROAD FROM STATE HIGHWAY
78 TO BRONW STREET: This reconstruction would also incloude
drainage improvements in conjunction with Centennial Homes,
Inc. A representative from Centennial Homes stated that
they were very much interested in seeing this street work
done . We would consider loaning the City $25 ,000 with no
interest and we would draw permits agbainst this as needed .
Our economic interest can not afford $25,000 . at this time.
City Manager Bill Dashner stated that this work would be
done with city labor and equipment .
A motion was made by Mayor Pro Tem Hughes to table.
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
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favor ,and Councilman Simmons - in favor . This motion
carried with all in favor to table.
SPECIAL REPORT ON RE_CONSTRUCTION COST OF KEEFER STREET:
This reconstruction of Keefer also included drainage work
improvements. Approximate cost for Keefer is $18 ,000 .00 and
has a 2" asphalt overlay that will be put down on Thursday.
CONSIDER RECONSTRUCTION OF COTTONBELT STREET WITH DRAINAGE
IMPROVEMENTS: Staff recommends moving on to Cottonbelt as
soon as Keefer Street is completed . The approximate cost of
Cottonbelt is $22 ,000 .00 . A motion was made by Councilman
Martin to approve the reconstruction and drainage
improvements for Cottonbelt Street . Seconded by Councilman
Wible. The vote was as follows : Mayor Akin - in favor,
Mayor Pro Tem Hughes - in favor , Councilman Wible -in favor ,
Councilman Wright - in favor , Councilwoman Stemple - in
favor , and Councilman Simmons - in favor . This motion
carried with all in favor.
FINANCIAL REPORT ON RECONSTRUCTION WORK ON KEEFER,
COTTONBELT, KREYMER AND AKIN STREETS: City Manager Bill
Dashner stated that reconstruction with drainage on Keefer
is $18 ,000 (city Share) , reconstruction with drainage on
Cottonbelt is $22 ,000 (city share) , and Akin Lane
reconstruction with drainage, Phase I is $40 ,000 (Perimeter ....
Street Fund of $46,000) and Kreymer Lane reconstruction with
drainage will be $50 ,000 ($25,000 city share and $25,000
Centennial Homes) . This is a total of $136,000 for Keefer ,
Cottonbelt, Kreymer and Akin Streets. This does not have
any hold on the continuing program on pot holes.
CONSIDER USE OF PERIMETER STREET FEES TO CORRECT DRAINAGE
PROBLEMS CREATED BY DEVELOPMENT OF WESTGATE CENTER: Sanden
Corp. is experiencing a large amount of runoff from Westgate
Center . Staff would like authorization to try and resolve
this problem with an open drainage area. A motion was made
by Councilman Martin to table. 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 carrid with all in favor to
table.
UNAUDITED FINAL FINANCIAL REPORT FOR BY 89/90 , PERIOD ENDING
SEPTEMBER 30, 1990: This report was prepared by City
Finance Director and consist of year end fund balances in
all major fund accounts, summaries of all major acounts
comparisons between what was budgeted and what was actually
expended and departmental expenditure summary by fund
account as budgeted and a report on City investments showing
the amount of the investment and the depository or
governmental investment entity as of September 30 , 1990 .
22
The total budget for FY 89/90 was $5 , 175 ,000 and total
expended was $5 ,060 ,735.
CONSIDER PROGRESS REPORTS ON OUTSTANDING CITY PROJECTS AND
PROGRAMS : City Manager Bill Dashner gave the following
report:
1 . Brown Street/McCreary Road construction project - bids to
be taken in November
2 . Sanitary Sewer System Improvements, Phase I and Phase II
are on schedule to be completed as planned and bids will
be taken on the last phase (Newport Harbor) soon.
3 . Industrial Pretreatment Program - working with NTMWD on
contract
4. Landfill - Texas Department of Public Health wanted the
City to continue to have the monitoring wells
5. Service Center relocation and under ground storage tank
reomoval - staff is doiong real estate appraisals on
sevgeral sites
6 Chemical Recycling Super Fund Program Ligitation and
frport from State - have made contact with people involved,
but do not know if they are ready to settle
7 . Bids on :
Ambulance Service - are receiving bids now
City Equipment - processing of bidding
Police Units - processing of bididng
Workman ' s Comp Insurance - - open bids on Nov. 6th
Group Medical Ins . - due to low increase staying with
same firm
8 . Economic Development Board - we are waiting for the
paper work to be returned from Austin
9 . Employment of Fire Chief and Parks & Recreation Director
- accepting applications
10. Ad Valorem Tax Statements - all statements have been
mailed.
REPORT FROM CITY MANAGER TO CITY COUNCIL DATED OCTOBER 11,
1990 , SECTION 8 OF THE CITY CHARTER PROHIBITIONS AS
REQUESTED BY COUNCILMAN WRIGHT: Councilman Wright made a
presentation of his interputation of the City Charter and
the Council making injuiries . Staff interputation of this
? 2 6
section of the Charter is that the Council as a whole may
make inquiries, but no individual Council Members . After
some discussion, it was noted that this was getting into
personnel and should not be discussed in an open meeting.
Councilman Martin made a motion to move this into Executive
Session at the earliest possible date. Seconded by
Councilwoman Stemple. Councilman Wright stated that he
objected to the Executive Session. Mayor Akin called for a
vote on the motion. 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.
CITIZEN PARTICIPATION: Jim Swartz - 506 W. Jefferson, and
Bud Naish - 512 Rustic Place, addressed the Council on their
interpretation of the Home Rule Charter on Council
inquiries. David Young - 401 Fleming came forward to
address the Council on personnel and was asked to go through
proper channels. Choya Tapp - 2250 Sachse Rd. - addressed
the Council on the City Manager/Council type of government .
There being no other matters for discussion, a motion was
made to adjourn with all in favor .
t_47' 7?e,,_77;
John W. Akin, Mayor
ATTEST:
Carolyn ones ' t Secretary = SEAL
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