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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 220 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 222 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. 223 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 224 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 Y i ''°'',��,,Jl�+�k�9iiE,