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11-13-1990 (City Council) Minutes ? 27 CITY COUNCIL MEETING MINUTES NOVEMBER 13, 1990 The City of Wylie City Council met in regular session on Tuesday , November 13 , 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, Pat Stemple, Percy Simmons, Steve Wright and William Martin, City Manager Bill Dashner , City Secretary Carolyn Jones, Engineer Paul Beaver and Finance Director James Johnson. Mayor Akin called the meeting to order and Rev. Mona Bailey gave the invocation with the pledge of allegiance following . APPROVAL OF MINUTES: The minutes being submitted for approval are for the Council meetings of September 25th, October 9th, 16th and 23rd, 1990 . Councilman Wright corrected the spelling of Mike Kohl to Mike Cole on the October 9th minutes and also under Citizen Participation Councilman Wright requested a current roster of the Fire Department and a list of the personnel who made the last 10 runs. This request was refused by the City Manager . Councilman Wright also corrected the October 23 , minutes to correct his statement under Report from City Manager to City Council dated October 11 , 1990 as follows : Councilman Wright made a presentation on the City Charter and its relationship to the Open Records Act and Open Meetings Act concerning Council Inquiry. Councilman Wright corrected his statement that he objected to the Executive Session because it was nothing more than an attempt to take this behind closed doors . A motion was made by Councilman Simmons to approve the minutes with the above corrections. 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 . EMPLOYEE OF THE QUARTER: Mayor Akin presented Mr . Jim Holcomb, Purchasing Agent for the City a Certification of Appreciation naming him Employee of the Quarter ending September 30, 1990 and a Savings Bond . PRESENTATION OF PROCLAMATIONS : Mayor Akin presented a Proclamation to Mr . Bill Lewis, representative for Birmingham Land Board for 50th Anniversary Honoring Family members of F.T. Birmingham and Hattie A. Birmingham. Mayor Akin also presented a Proclamation to Filicia Fitzpatrick, 22R Betty Lutz and Rev. Mona Bailey, representatives from Wylie Community Christian Care Center for 3rd Annual Christian Care Week - November 15th - 22nd, 1990 . CERTIFICATE OF ACHIEVEMENT: Mr . James Johnson, Finance Director has been presented with the Certificate of Achievement for Excellence in Financial Reporting for the City of Wylie by the Government Finance officers Association of the United States and Canada (GFOA) . The Certification of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. SOLICITATION FOR COMPETITIVE BIDS FOR ASPHALT OVERLAY WORK: This will be for the on going Street Reconstruction Program and will be for a one year period. The City does not have an overlay machine and all of the work has to be contracted out . A motion was made by Councilman Martin to approve the authorization to seek competitive bids for asphalt overlay work for one year . 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. APPOINTMENT OF ALTERNATE JUDGE OF THE WYLIE MUNICIPAL COURT: As per council request, an opinion from the City Attorney states that there is no conflict of interest or prohibition of hiring a husband and wife team as Judge and Alternate Judge. Staff recommends appointment of Alternate Judge to John Weninger . A motion was made by Mayor Pro Tem Hughes to appoint John Weninger as Alternate Judge. 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 - against, Councilwoman Stemple - in favor, and Councilman Simmons - in favor. This motion carried with six (6 ) in favor, and one (1) against. APPOINTMENT TO THE CONSTRUCTION TRADE BOARD: At a recent meeting, the Council appointed Mr . Ron Heffner to this board, but Mr . Heffner does not reside within the city limits. The ordinance that established this board states that all members must be residents of the City of Wylie. It is necessary to appoint another member to this board. A motion was made by Councilman Wright to appoint Mr . Glenn Ellis . 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 . 229 FINAL INDEPENDENT AUDIT REPORT OF WYLIE VOLUNTEER FIRE DEPARTMENT CONDUCTED BY ADAMI , LINDSEY AND COMPANY, P.C. : City Manager Bill Dashner stated the reason this is not in Executive Session is because it is a complete report . This audit has been handled with upmost professionalism. Mr . John Mars of Adami , Lindsey and Company, stated these funds are public funds and you have a responsibility for accounting for these funds . At no time have the funds been over seen like the funds in the other city departments. There is a lot of expenditures with documentation and a lot without documentation. Mr . Mares said he and James Johnson met with Danny Allen and he was able to find a lot of the receipts to track some of the training expenses. Mr . Allen did put forth a good faith effort for trying to find all the documentation needed . Mr . Mares stated that these funds should be audited annually with the other funds of the City. It was noted that this audit was done to bring records up to date and not point out that something was wrong . A motion was made by Councilman Wright to accept the final Audit Report of the Wylie Fire Department . Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - abstained , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - abstained . This motion carried with five (5) in favor , and two (2 ) abstention. FINAL REPORT COMPLETED KEEFER STREET PROJECT AND FINAL COSTS: The projected expense of completing Keefer Street was $18 ,000 . and the final cost for this street was $17 ,539 .00 . Cost of materials and overlay was $15 ,907 .75 and labor was $1 ,631 .25 . Motion was made by Councilman Martin to approve final report and cost of Keefer Street Project . 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 . 1988 COMMITMENT TO CENTURY BUSINESS PARK FOR TIE-IN TO PHASE II SEWER IMPROVEMENTS PROGRAM IN EXCHANGE FOR EASEMENTS AS AN ADDENDUM TO NEWPORT HARBOR BID: City Manager Bill Dashner stated that in 1988 the City made a commitment to owners of Century Business Park, if they would give an easement for the lift station and line, the City would tie them into the sewer system. This will cost the City approximately $10 ,000 . 00 today. The City made a good faith commitment and should comply with this. These easements are for McCreary Rd. in exchange for tieing in Century Business Park. City Manager Bill Dashner recommend to the Council to accept the easements and wait until development comes into play then tie-in Century Business Park. A motion was made ?_ 30 by Mayor Pro Tem Hughes to accept the easements and wait .• until development before tieing in Century Business Park. 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 . AWARDING COMPETITIVE BID FOR PHASE III NEWPORT HARBOR SANITARY SEWER IMPROVEMENTS PLUS BASE BID AND CENTURY BUSINESS PARK CONNECTION, ALTERNATE A AND ALTERNATE B: Staff received seven bids as follows : BASE BASE + BASE + ALTERNATE A ALTERNATE B Atkins Bros. Equip. $197 ,871 . $400 ,593. $421,481. E. L. Dalton & Co. $134,812 . $304 ,190 . $327,149 . Dowager Const. $184 ,369. $330 ,852 . $345 ,104 . Pacer Contracting $186 ,418 . $374,382 . $391 , 004 . Rhode Const . Co. $180 ,306 . $417 ,064 . $434 ,316. Tri-Con Services $164 ,421 . $385 , 837 . $406,465 . City Manager Bill Dashner stated that this project was to be done with bond monies which has a balance of $294 ,000 , the staff recommends to take alternate A low bid in the amount of $304 ,190 less Century Business Park $10 ,000, plus the right-of-way. Staff recommends to take the difference from the Utility Reserve and Utility Cash Flow account, with the full understanding that this would only serve 88 lots . A motion was made by Councilman Wright to award low bid to E. L. Dalton with the extra funds being expended as outlined by the City Manager. 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 . REPORT FROM TEXAS DEPARTMENT OF HEALTH, CITY OF WYLIE LANDFILL AND AUTHORIZE PHASE II OF TESTING AND MONITORING: City Manager Bill Dashner stated that there needs to be a report in by December 1 , 1990 , and must expand and intensify testing and monitoring action. City manager Bill Dashner stated that the landfill is being treated as a landfill closure not a toxic waste problem. A motion was made by Mayor Pro Tem Hughes to approve the expansion of testing and monitoring . Seconded by Councilman Simmons. The vote was 231 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 . AUTHORIZING CONTRACT WITH JONES AND NEUSE, INC. FOR PHASE II , ENVIRONMENTAL ENGINEERING SERVICES FOR COMPLIANCE WITH STATE OF TEXAS HEALTH DEPARTMENT ON LANDFILL: Staff recommends authorizing contract with Jones and Neuse, Inc. for the additional testing and monitoring required by the State of Texas Health Department. The estimated cost of this contract will be $53 ,400 . A motion was made by Councilman Martin to approve the contract with Jones and Neuse, Inc. for Phase II Environmental Engineering Services. 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 . SECOND FORMAL REPORT FROM TEXAS WATER COMMISSION LEGAL COUNSEL ON REQUEST FOR REMISSION OF FINES AND PENALTIES: City Manager Bill Dashner stated that the City did agree to accept the fines, but would work on getting out of the pump and haul business. The City has made a good faith effort to get out of the pump and haul . The Commission' s staff and lawyers appear to be strongly opposed to this issue ever reaching the Commission as a formal agenda item. A motion was made by Councilman Wright to authorize the City Manager to contact Texas Water Commission to renegotiate fines . 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 . AWARDING COMPETITIVE BID FOR THE PURCHASE OF ONE (1) USED GRADALL AND ONE (1) USED MOTOR GRADER: Staff received three bids on the Gradall and four bids on the motor grader as follows : AIS Continental Gradall G440 $32 ,000 . North Tex . Const. Equip. Gradall G440-yr .79 $16 ,500 . North Tex . Const. Equip. Gradall G600-yr .66 $14, 500 . Martin Equipment Badger 300- yr 79 $26,900 . Martin Equipment Badger 444 yr . 87 $96 , 500 . 232 Martin Equipment Badger 460 yr . 89 $97 ,900 . --�, North Tex . Const. Equip. Galion 503L yr 74 $12 ,500 . The Council has budgeted $32 ,000 for the purchase of heavy equipment, staff recommends the bids be awarded as follows : North Texas Const. Equip. Gradall $16,500.00 North Texas Const . Equip. Motor Grader $12 ,500 .00 The total bid award would be $29,000 .00 . A motion was made by Mayor Pro Tem Hughes to approve the bids to North Texas Construction Equipment for a Gradall in the amount of $16,500 .00 and Motor Grader in the amount of $12 ,500 .00 , with a total bid of $29,000 .00 . 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. AWARD BID FOR CITY ' S AMBULANCE SERVICE TO A-1 AMBULANCE SERVICE AND AUTHORIZE THE THE EXECUTION OF A TWO (2) YEAR CONTRACT : Staff recommends A-1 Ambulance Service be awarded the bid in the amount of $128 ,400 . This includes a new ambulance, plus capital improvements to the building, and A- 1 has complied with all stipulations. There were two bids received, A-1 Ambulance in the amount of $128 ,400 and Central Ambulance in the amount of $188 ,000 .00 . A motion was made by Councilman Wright to table until Council can review the bids and specifications. This motion died for lack of second. City Manager Bill Dashner stated the difference of these bids is due to Central Ambulance bidding a higher level of service than the required LAS. A motion was made by Councilman Wright to award the bid to A-1 Ambulance Service in the amount of $128 ,400 . Seconded by Mayor Pro Tem Hughes. The vote was as follow: 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 . FORMAL RESPONSE FROM STATE DEPARTMENT OF HIGHWAY AND PUBLIC TRANSPORTATION ON ACCESS DRIVEWAY LOCATED 330 FEET AND_ 580 FEET SOUTHWEST OF FM 544/KIRBY STREET INTERSECTION: Mr. Ed Richie stated that the Highway Department voiced concern over the access for Brookshires and the Hospital and has recommended a joint access . Brookshires and the Hospital are working together to solve this problem and receive their permit . Mr . Richie stated that their building permit was ready and they can pick it up at any time. 233 FORMAL PROPOSAL FOR SECURITY SYSTEM AND FIRE PROTECTION SYSTEM AT THE SMITH PUBLIC LIBRARY: EMNET, Inc. has submitted a proposal in the amount of $990.00 and has a direct communication link with the Police Department. This system is completely sensored at all strategic locations in the building and also includes smoke detectors . Staff recommends approval . A motion was made by Councilman Wible to accept the proposal of $990 . 00 from EMNET, Inc. for security and fire protection system at the Smith Library. 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, Councilman Simmons - in favor . This motion carried with all in favor . AUTHORIZATION FOR LETTER TO COLLIN COUNTY COMMISSIONERS COURT FOR ASSISTANCE ON THE RECONSTRUCTION AND DRAINAGE IMPROVEMENTS TO KREYMER LANE AS A PART OF COLLIN COUNTY URBAN ARTERIAL ROAD SYSTEM: City Manager Bill Dashner stated that he had a meeting with the Commissioners and they have stated this might be put in their budget. They have requested a letter be sent to them regarding the drainage improvements and reconstruction of Kreymer Lane. A motion was made by Councilman Martin to authorize the City Manager to write a letter to Commissioners Court requesting assistance on the reconstruction and drainage improvements to Kreymer Lane. 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. FEDERAL GOVERNMENT APPROVAL FOR FUNDING OF NATIONAL GUARD ARMORY AND CONTRACT FOR ARCHITECTURAL SERVICES IN ORDER TO START ENGINEERING DESIGN WORK ON THE NEW NATIONAL GUARD ARMORY FACILITY: City Manager Bill Dashner stated that the National Guard Armory has requested a January ground breaking. The City has made a commitment of $160,000 , but Economic Development monies can be used on part of this. This will create approximately 28 jobs when completed and will have a 40 ,000 square foot facility. CONSIDER NORTH TEXAS MUNICIPAL WATER DISTRICT PROPOSAL TO THE CITY OF MURPHY TO USE THE CITY OF WYLIE WASTEWATER TREATMENT FACILITIES : City Manager Bill Dashner stated that Mr . Carl Riehn is setting up a meeting between Wylie and Murphy. This is the first step toward an agreement, I will keep council informed . 234 APPROVAL OF MULTI-JURISDICTIONAL INDUSTRIAL PRE-TREATMENT AGREEMENT WITH NORTH TEXAS MUNICIPAL WATER DISTRICT AND APPROVE PRE-TREATMENT BUDGET AGREEMENT: City Manager Bill Dashner stated that there are two agreements, the first being an agreement between North Texas Municipal Water District and the City for industrial pre-treatment testing and monitoring which will go into effect January 1 , 1991. The second agreement is for the cost of these services, which will be $16 ,215 annually. A motion was made by Councilman Simmons to approve both agreements with North Texas Municipal Water District relating to Pre-Treatment program. 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 AUTHORIZATION FOR EXPENDITURES TO CONSTRUCT DECHLORINATION FACILITIES AT WASTEWATER TREATMENT PLANT IN CONJUNCTION WITH NORTH TEXAS MUNICIPAL WATER DISTRICT: City Manager Bill Dashner stated in order to comply with US EPA regulations the City and North Texas Municipal Water District needs to start construction work on the dechlorination facility. The work to be done is estimated at $72 ,000 . NTMWD will solicit competitive bids and oversee the work. The estimated construction completion date is June 1 , 1991 . This will be funded out of sewer bond funds if they are available, if not it will have to be funded out of the utility revenue budget. It may be possible to use excess of bond money from landfill by passing a resolution. A motion was made by Councilman Simmons to approve the authorization to construct dechlorination facilities at wastewater treatment plant. 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 . APPOINTMENT OF CITY OF WYLIE MASTER PLAN COMMITTEE: City Manager Bill Dashner stated that it was discussed at a work session that each Council Member would appoint five (5) members to this Master Plan Committee for a total of 35 citizens . Mayor Akin suggested this be tabled until the next work session. A motion was made by Councilman Simmons to table until next work session . 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 . 23 PAYMENT TO PATE & PATE FOR MUDDY CREEK SEWER SYSTEM CONSTRUCTION: This payment is in the amount of $36,932 . 53 , it has been reviewed by staff and is recommended for approval . A motion was made by Councilman Simmons to approve payment in the amount of $36,932 .53 to Pate & Pate. 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 . CITIZEN PARTICIPATION: Mayor Akin invited those wishing to address the Council to come forward and state their name and address for the record, to keep their comments to within five minutes. In accordance with the Open meeting Act , the City Council will hear comments of public interest, but any discussion shall be limited to placing the item on a future agenda for further consideration. Stevens Ahrens, 409 Gaston Dr . North addressed the Council concerning the Fire Department and the protection the City has and also high weeds . Mayor Akin recessed the open meeting and called for a vote to convene into Executive Session. A motion was made by Mayor Pro Tem Hughes to convene Council into Executive Session and seconded with the vote as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - against , Councilman Martin - in favor , Councilman Wright - against, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with five (5) in favor , and two (2) against. Councilman Wright requested that the discussion of Article 3 , Section 8 , be held in open session , as it is his right to request this under the Open Meetings Act Section 2 .23 and that council did not indicate that they would honor that request as stipulated . Mayor Akin convened Council into Executive Session at 10 : 00 P.M. under the authority of Article 6252-17 V.A.C.S. , Section 2 paragraph "g" Personnel - report from City Manager to City Council dated October 11 , 1990 , Article 3 , Section 8, Part C of the Wylie City Charter (The City Council Prohibitions) and Employment Recruitment for legal counsel to the City of Wylie. Mayor Akin reconvened the Council into open session at 11: 50 P.M. and called for a motion on the following being upheld from the Charter : "Article IV, Section 7 A. neither the city council no any of its members shall request or direct the appointment of any person to, or his removal from office or employment , by the city manager or any of his 236 subordinates; provided that the appointment or removal from ••. office of department heads shall be subject to approval of the city council . Except for the purposes of inquiry, the city council and its members shall deal with the city' s administrative service solely through the city manager . And, neither the city council nor its members shall give orders to any subordinates of the city manager , either publicly or privately , except as may be provided in this charter . Councilman Wright submitted a letter of protest to the executive session as there was a typo on the face of the agenda , this letter will be attached to official minutes. A motion was made by Mayor Pro Tem Hughes that the council will agree to up hold the above portion of the Charter read by Mayor Akin . 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 - no vote, Councilwoman Stemple - in favor , Councilman Simmons - in favor . This motion carried with six (6) in favor , and one (1) no vote. There being no other items of business, a motion was made and seconded with all in favor to adjourn. John W. Akin , Mayor ATTEST: ``\OkouIIIiptutoii •j, OEL, olyn J nes , Secretary SEAL