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
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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.
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John W. Akin, Mayor
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