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12-11-1990 (City Council) Minutes 248 CITY COUNCIL MEETING MINUTES DECEMBER 11, 1990 The City of Wylie City Council met in regular session on Tuesday, December 11 , 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 Percy Simmons, Chuck Wible, Steve Wright, Pat Stemple and William Martin, City Manager Bill Dashner , City Secretary Carolyn Jones, Engineer Paul Beaver , Public Works Director Bill Flowers . Mayor Akin called the meeting to order and Mr . Bill Flowers gave the invocation followed by the Pledge of Allegiance. APPROVAL OF MINUTES FOR NOVEMBER 13 , 1990 MEETING: Councilman Wright corrected the November 13 , 1990 minutes to state that Councilman Simmons abstention vote under Final Independent Audit report of Wylie Volunteer Fire Department be recorded as a yes vote as there is no conflict of interest. Councilman Wright also corrected the November 13 , 1990 minutes under award of bid for Phase III Newport Harbor Sanitary Sewer Improvements to reflect his motion to stated : "A motion was made by Councilman Wright to award low bid to E. L. Dalton with extra fund expenditures coming from the accounts as outlined by the City Manager . Councilman Wright also corrected the minutes under Award of Bid for city' s Ambulance Service that the award of bid is made with the understanding that we are dispensing with the Council review as outlined in the ARP ' s. Councilman Wright corrected the minutes to reflect a heading for Executive Session right after Citizen Participation. A motion was made by Mayor Pro Tem Hughes to approve the minutes with above corrections. 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 HOOPER BUSINESS PARK FINAL PLAT: City Manager Bill Dashner stated that all fees including $49,365 .44 for perimeter street fees and $13 ,272 .90 pro-rata fees and $600 for street signs have been paid and a 10% maintenance bond of $33 ,960 . posted. Final inspections have been made by the City of Wylie inspector and the As-Built Drawings have been provided by the Consulting Engineer . Staff recommends approval . A motion was made by Councilman Simmons to approve the final plat for Hooper Business Park. 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 . ADOPTION OF TWO (2 ) COMPANION ORDINANCES: REPEALER ORDINANCE ON REGULATIONS OF FOOD SERVICE ESTABLISHMENTS; AND ONE IS A NEW ORDINANCE DEALING WITH RETAIL FOOD STORE ESTABLISHMENTS CALLING FOR REGULAR INSPECTIONS IN COMPLIANCE WITH TEXAS DEPARTMENT OF HEALTH FOOD SERVICE HEALTH CODE STANDARDS AND USER FEES FOR ADMINISTRATIVE COSTS: City Manager Bill Dashner stated that the City currently utilizes an ordinance based on the 1962 Edition of the "United States Public Health Service Food Service Sanitation ordinance and Code" . Staff is recommending the adoption of these ordinances providing for the permitting and inspection of food sales and food establishments. These ordinance include the adoption of the most recent standards of the Texas Department of Health. The ordinance includes an annual fee of one hundred3d fifty ($150 .00) dollars which will provide quarterly inspections . The City presently has almost forty (40) establishments which will be affected by this ordinance . A motion was made by Councilman Wright to approve the two ordinances dealing with Retail Food Store Establishments calling for regular inspections in compliance with Texas Department of Health Food Service Health Code Standards and User Fees for Administrative Costs . Seconded by Councilman Wible. The vote is 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 AMBULANCE ADVISORY COMMITTEE: A motion was made by Mayor Akin to appoint Rita Allen, Dr. Pilkington, and Peggy McCullum with alternate member Dr . Ted Trimble. Councilman Wright stated that Peggy McCullum lives outside the city limits and should go with alternate as member . Mayor Akin amended his motion, to withdraw Peggy McCullum and add Dr . Ted Trimble as a member . 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 . 250 SIGN OFF APPROVAL FOR BELL COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION REVENUE BONDS IN ORDER TO MAKE VARIOUS IMPROVEMENTS TO THE HILLCREST MANOR NURSING HOME AND ADOPT ENABLING RESOLUTION: City Manager Bill Dashner stated that Bell County Health Facilities Development Corporation will issue tax exempt revenue bonds to improve Hillcrest Nursing Home located in Wylie. Under Texas State Law and IRS regulations the bond issuer must obtain the consent of each City , County or Hospital District where health facilities are located. These bonds do not in any way obligate, pledge, or risk full faith and credit of the City, Section I of the resolution stipulates "The City hereby consents to the financing by the Issuer of the Project as required by Section 221 .030 of the Act and approves the financing as required by Section 147 (f) of the Internal Revenue Code of 1986; provided that the City shall have no liability in connection with the financing of the Project and shall not be required to take any further action with respect thereto. Staff recommends approval of the resolution . A motion was made by Councilman Martin to approve the Resolution approving the financing by the Bell County Health Facilities Development Corporation of a health facility located within the City of Wylie. 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 . CONSIDER WORKER ' S COMPENSATION BIDS: City Manager Bill Dashner stated that during this year ' s budget discussions the City Council authorized seeking some type of self- insurance program. Premiums for FY90/91 will amount to $109 ,000 . The City received two (2) bids on types of self- insurance programs as follows : Texas Municipal League Risk Pool - $99 ,718 per year with the coverage we currently have. Arthur J . Gallagher with a three year premium cost of $690,572 with a self-insured retention of $200,000 per accident and $5 ,000 ,000 specific excess insurance and $1 ,000 ,000 of annual aggregate stop loss insurance. Based on bids received and evaluations the staff does not believe, considering the deductible and the limited coverage of self-insurance, that the City should change at this time. A motion was made by Councilman Simmons to table this item. 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. 251 PROPOSAL AND PRESENTATION FROM BFI ON CITY OF WYLIE MUNICIPAL RECYCLING PROGRAM: A representative from BFI stated that they were building a recycling center in Plano on FM 544 and it will be in operation by April 1 , 1991 . BFI recommends curb side recycling with drop off centers to get the program started. BFI would like to start the recycling program in Wylie on April 1 , 1991 if Council would like. BFI can get the contract ready and come back to make a presentation at another Council meeting for formal approval . AMENDMENTS TO THE CITY CHARTER IN TIME FOR MAY 4 , 1991 CITY ELECTION: Mayor Akin suggested Council review the Charter and also have a committee to review the Charter and then both meet together . Mayor Pro Tem Hughes agreed and also made a motion to have this on a work shop the third Tuesday in January. 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 . TERMINATION OF LEGAL COUNSEL AND CRI PROJECT AND REMAND ISSUE TO U .S . EPA FOR PROPER ADJUDICATION AND CONSIDER $141 ,299 IN LEGAL COSTS TO DATE: City Manager Bill Dashner stated that legal expenses starting in approximately 1986 and have cost approximately $105 ,327 to date which is not recoverable and approximately $32 ,000 in technical studies . The following are critical elements which are all tied together : 1 . Land fill closure connected to drums put there by a company. There has been alleged possible contamination. This has not been proven yet. 2 . Service Center site located next to the company and possible contamination . In a report prepared for the City by Jones and Neuse, Inc. in September of 1990 quoted "The limited data appears to indicate that there is a strong probability that the CRI operations have had an effect on the Cit of Wylie' s Service Center property. The data appears to indicate that soils and possible ground water immediately surrounding the underground storage tanks contain TPH. 3. Underground gasoline storage tanks . The City is now testing this for possible leakage. The tanks will probably have to be replaced or removed . 4. There has been a gross misunderstanding on the CRI operations in that no litigation has been filed . All of this time and money has been spent on discovery and negotiations between lawyers representing the City and CRI . 2. 52 5 . The following state and federal agencies have been involved : EPA, Federal Court, Texas Water Commission, Texas Health Department, Texas Air Control Board. The City could possibly spend money for an indefinite time frame with no results and no recovery of $141 ,299 spent on the affair so far . It is possible that bonds were issued that money will not be needed for . City Manger Bill Dashner recommended to Council to take action to wait until Phase II of the testing is complete and orders come from EPA and TWC with instructions on closing the landfill . Chuck Shipley stated that he does not have data that shows the City should abandon Public Works Center . The City may have to do some clean up work but we will have to wait for additional data. EPA ordered CRI to get the barrels out and test the soil. Need to make sure EPA is going to include ground water study in their next report and not only on CRI site but on Public Works sites. David Buchanan said he told Mr . James Johnson in September that the parties did not accept the City' s offer , but said the City did not have enough data to bring them into a settlement . Mr . Buchanan said let EPA stay in the lead of ordering PRP and doing the study and the City monitor EPA to see that all studies are done. A motion was made by Councilman Simmons to stop spending legal fees and that Staff actively pursue EPA to do what we want done through EPA studies. 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. PAYMENT OF CLAIM FROM SHIPLEY AND INHOFE FOR LEGAL SERVICES, CRI PROJECT: This claim is in the amount of $5 ,299 .25 and if this claim is paid the City will have paid in legal costs a total of $141,299 . A motion was made by Councilman Simmons to approve the payment in the amount of $5,299 .25 to Shipley and Inhofe for legal services . 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 . 253 1989 EASEMENT ACQUISITION FOR MUDDY CREEK INTERCEPTOR SEWER LINES: Mr . Gilbert Welch was paid $4 ,024 .00 for an easement for Muddy Creek Interceptor Sewer Line through his property. Today Mr . Welch has filed a claim against the City for $35 ,328 .00 . Mr . Welch alleges the City agreed to completely re-sod pasture land disrupted by sewer line construction. All bid documents and contract with the contractor stipulates seeding not sodding. The Collin County Conservation Service required that the area be seeded only. Staff recommends to deny the $35 ,328 . sodding request claim but go ahead and seed the area which is supported by bidding document contracts and agreement with Collin County Conservation Service. The seeding will cost approximately $5 ,500 .00 . A motion was made by Mayor Pro Tem Hughes to deny the claim in the amount of $35, 328 . but to seed the property in the Spring as agreed to in the contract . 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 . ADJUSTED ESTIMATE COST FIGURES TO RECONSTRUCT AND CONSTRUCT DRAINAGE INSTALLATION FOR PHASE I AND PHASE II OF AKIN LANE: To complete this road project properly will cost an estimated total of $59 ,000 . This includes all materials and rental equipment but does not include city manpower and city owned equipment costs . With the completion of Akin Lane the City will have $20 ,000 left to do Alanis this summer with the County. A motion was made by Councilman Martin to accept the estimated cost and continue with Akin Lane Project . 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 . APPOINTMENT OF THE WYLIE MASTER PLAN/GOALS COMMITTEE: Councilman Simmons recommended the following names: Roland Kreymer , Charles Milkiewicz, Henry Christian , Becky Calverley, and Kyle Craighead . Councilwoman Stemple recommended the following names : Reggie McClosky and Tammy Gibson. Mayor Pro Tem Hughes recommended the following names : Rock King, Robert Arden, Tom Pritzkau, Harvey Miles and Bill Chapman. Councilman Wible recommended the following names: David Watkins, Patty Flint and Pat Miner. Councilman Martin recommended the following names: Gary Black, Sue Nicklas, Pete Tallant, Lester Gayler and Cecilia Wood. Councilman Wright recommended the following names: John Spillyards, Roger Smith, Cheryl Edwards, Raymond Cooper , and Steve Ahrens. Mayor Akin recommended the following names: Jim Bass , Bud Randall , Bill Mills, Scott 254 Brown, and Allan Stroud . ..,. A motion was made by Councilman Martin to appoint the above listed people to the Wylie Master Plan/Goals Committee. 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 . AMENDMENTS TO NEWLY ADOPTED PERSONNEL REGULATIONS MANUAL: The City Attorney has reviewed the entire document for conflicts with federal law and the amendments and or terminology revisions that need to be corrected are in Section 4-5 A, C and D - Overtime Pay and Section 10 - Substance Abuse Policy. Also there are definition being added for Drug, Physician, Reasonable Cause and a correction for Temporary and/or seasonal employees. A motion was made by Councilman Wright to approve 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 . STATUS REPORT ON BLAIR ET AL V. CROCKER, ET AL, CAUSE NO. 90-03132 : The City Attorney has informed staff that the Court is currently considering a motion to transfer venue. The City and the Plaintiff have been requested by the Court to file briefs on this matter . This case is about an accident in Collin County where a fatality occurred. REPORT TO TEXAS WATER COMMISSION ON ACTION PLAN FOR UNDERGROUND STORAGE TANK TESTING IN COMPLIANCE WITH FEDERAL AND STATE LAWS: The City staff has sent a report to Texas Water Commission relating the following plan. It has been determined there are four tanks, one 6 ,000 gallon regular gasoline tank, one 8 ,000 gallon unleaded gasoline tank and two 1,000 gallon diesel tanks which are joined by a manifold pipe. We have also informed TWC that the City has engaged the services of a certified contractor with licensed personnel who will test the pressurized piping and install the required leak detection equipment in order to be in compliance with all TWC rules and regulations by December 22 , 1990 . REPORT TO TEXAS WATER COMMISSION ON ELIMINATION OF LIFE STATIONS AND PUMP AND HAUL LOCATIONS: On December 3 , 1990 a letter was sent to TWC relating to them that four lift stations and three pump and haul locations have been eliminated . The letter also stated that the City had passed a Sewer Ordinance in August, 1990 requiring private citizens 255 tie-ins and a letter has been sent to the Bait House property owner which required his tie-in by December 31 , 1990 which will eliminate this pump and haul location. The City Council on November 13 , 1990 awarded a contract in the amount of $295,000 to construct a Lift Station/Force Main/Gravity Line System to eliminate the Newport Harbor pump and haul location. The completion of this line in the Spring of 1991 will have eliminated all pump and haul locations in the City of Wylie per TWC Enforcement order . REPORT ON FUNDS EXPENDED DURING 1989/90 TIME FRAME FOR ACQUISITION OF EASEMENT FOR TWO MAJOR SEWER LINE INSTALLATIONS : Bond funds were allocated in the amount of $2 ,000 ,000 to construct three major sewer lines to help get the City off of pump and haul operations. The City expended $195,088 . 65 for 56 sewer easements. CITIZEN PARTICIPATION: Mayor Akin invited the Citizens of Wylie wishing to speak to the Council to come forward at this time, and to state their name and address and keep their comments within five minutes and any discussion must be limited to placing the item on a future agenda for further consideration. David Orr of 109 Windsor , representing WSA, spoke regarding a letter sent to WSA requesting all equipment be removed from Akin Pavilion and concession stand. Bud Naish of 512 Rustic Place spoke regarding the amount of money spent on Easements and it being a mandate. Bob Evans , President of WSA, Mrs. Vardell , Vice President WSA, and Jim Swartz of 506 W. Jefferson spoke regarding WSA. Choa Tapp addressed the Council regarding the Fire Department . Mayor Akin recessed the open meeting and called for a motion to convene Council into Executive Session under the authority of Article 6252-17 V.A.C.S. , Section 2 , paragraph "g" Personnel Matters - selection of Legal Counsel . A motion was made by Councilman Martin to convene Council into Executive Session and 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 convened Council into Executive Session at 10 :25 P.M. Mayor Akin reconvened the Council into open session and called for a motion for selection of Legal Counsel . A motion was made by Councilman Simmons to authorize City Manager to advertise for position of a full time City 256 Attorney. 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 . There being no other matters for discussion, a motion was made and seconded to adjourn , with all in favor. 7.'- '/ti). --4:::7-7.;4(.1---? John W. Akin, Mayor ATTEST: ,\\\0`\``\i\ll®IfCIIIII►U!l!!!lj /i,,��i Cam';` f !'f/ ,�� Carolyn J s , Secretary F. SEAL -