06-11-1991 (City Council) Minutes 360
CITY COUNCIL MEETING
MINUTES
JUNE 11, 1991
The City of Wylie City Council met in regular session on
Tuesday, June 11 , 1991 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 Jay Davis , Council Members Don Hughes , Percy
Simmons, William Martin, Jim Swartz and Ortie Messenger,
City Manager Bill Dashner , City Secretary Carolyn Jones,
City Attorney Steve Deiter, and City Engineer Paul Beaver.
Mayor Akin called the meeting to order and Rev. Don Yeager
of the United Methodist Church gave the invocation which was
followed with the Pledge of Allegiance.
APPROVAL OF MINUTES OF MAY 28 , 1991 CITY COUNCIL MEETING:
Councilman Messenger corrected the minutes to reflect the
statements made during the Financial report . Councilman
Messenger said that City Manager noted the Utility Fund is
suffering due to a grat deal of rainfall and Councilman
Messenger replied that it was a poor business decision on
the City Manager ' s part to recommend to Council to lower
water rates because the City has been suffering for several
years due to havey rainfall . Councilman Messenger also
corrected the minutes to reflect his statement about the
$1 .00 donation on the water bills as follows : Councilman
Messenger stated , since he was on the WSA Board, he is aware
of the workings of this board. This year the fees for
baseball were raised $5.00 per child to cover the user fees
that were imposed on them just recently. Councilman
Messenger said he was concerned that the City had a $1 .00
volunteer donation on the water bills, it was a donation not
an illegal tax as was suggested at an earlier meeting . When
that was abolished then the fees were raised to WSA. Just
recently the City of Dallas has adopted the same thing and
they have a $1 .00 donation for their park system. It is bad
on our part that we regressed and I would like to ask the
Council to take a look at this again during the budget, so
we can take a load off the parents. Councilman Messenger
also stated that Mr . Buchanan stated that the $1 million to
$1 .8 million did not include the closing of Alanis Road and
this is the same estimate given to Council two years ago.
Councilman Messenger also corrected the minutes to reflect
that on acceptance of the formal proposal on comprehensive
audit, that he had stated , it was a waste of tax payers
money to consider spending up to $91, 000 for consulting
fees when the City already had recommendations from the
prior auditing firm.
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A motion was made by Councilman Hughes to approve the
minutes with the above corrections . Seconded by Councilman
Simmons. The vote was as follows : Mayor Akin - in favor,
Mayor Pro Tem Davis - in favor , Councilman Swartz - in
favor, Councilman Martin - in favor , Councilman Hughes - in
favor , Councilman Messenger - in favor , and Councilman
Simmons - in favor . This motion carried with all in favor .
APPOINTING OF NEW MEMBERS TO THE BOARDS AND COMMISSIONS FOR
THOSE WHOSE TERMS ARE EXPIRING IN JULY, 1991:
PLANNING AND ZONING COMMISSION: A motion was made by
Councilman Messenger to re-appoint Bart Peddicord, Cecilia
Wood, Bobby Jennings and Richard Eckman. Seconded by
Councilman Swartz .
Councilman Simmons made a motion to appoint Mike Hawkins,
was Seconded by Councilman Hughes .
Councilman Hughes made a motion to appoint Billy Mills and
was seconded by Councilman Davis .
Councilman Martin made a motion to appoint Gilbert Welch and
was seconded by Councilman Hughes.
Councilman Davis made a motion to appoint Roger Smith and
this was seconded by Councilman Martin.
Mr . Bobby Jennings of 401 Gaston Dr . addressed the Council
regarding his re-appointment and that he would like to
continue to serve on this board.
Mrs . Cecilia Woods of 515 Woodhollow also addressed the
Council stating that she would like to continue to serve on
this board.
The vote on the first motion for re-appointing Bart
Peddicord, Cecilia Wood, Bobby Jennings and Richard Eckman
was as follows : Mayor Akin - in favor, Mayor Pro Tem Davis
- against , Councilman Swartz - in favor , Councilman Martin -
against, Councilman Hughes - against, Councilman Messenger -
in favor, and Councilman Simmons - against . This motion to
re-appoint members did not carry the vote was three in
favor , and four against the reappointment .
The vote on the second motion to appoint Mike Hawkins was as
follows : Mayor Akin - abstained , Mayor Pro Tem Davis - in
favor , Councilman Swartz - against, Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
against, Councilman Simmons - in favor. This motion carried
with four in favor , two against and one abstention to
appoint Mike Hawkins to the P & Z Commission.
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The vote on the third motion to appoint Billy Mills was as
follows : Mayor Akin - in favor, Mayor Pro Tem Davis - in
favor, Councilman Swartz - against, Councilman Martin - in
favor, Councilman Hughes - in favor, Councilman Messenger -
against, and Councilman Simmons - in favor . This motion
carried with five in favor and two against appointing Billy
Mills to P & Z .
The vote on the fourth motion to appoint Gilbert Welch was
as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor, Councilman Swartz - against, Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
against, and Councilman Simmons - in favor. This motion
carried with five in favor and two against the appointment
of Gilbert Welch to P & Z .
The vote on the fifth motion to appoint Roger Smith was as
follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor, Councilman Swartz - against, Councilman Martin - in
favor , Councilman Hughes - in favor, Councilman Messenger -
against and Councilman Simmons - in favor . This motion
carried with five in favor and two against to appoint Roger
Smith to P & Z .
Mayor Akin declared the new members of Planning and Zoning
to be Mike Hawkins, Billy Mills, Gilbert Welch and Roger
Smith.
PARKS AND RECREATION BOARD: Councilman Messenger made a
motion to re-appoint Bryan Glenn, this was seconded by
Councilman Hughes .
A motion was made by Councilman Simmons to re-appoint Peggy
Sewell , this was seconded by Councilman Swartz .
A motion was made by Councilman Martin to re-appoint Willie
Calverley, this was seconded by Mayor Pro Tem Davis .
The vote on the first motion to re-appoint Bryan Glenn was
as follows: Mayor Akin - in favor, Mayor Pro Tem Davis - in
favor, Councilman Swartz - in favor, Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
in favor, and Councilman Simmons - in favor. This motion
carried with all in favor to re-appoint Bryan Glenn to Park
and Recreation Board.
The vote on the second motion to re-appoint Peggy Sewell was
as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor, Councilman Swartz - in favor, Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
in favor, and Councilman Simmons - in favor. This motion
carried with all in favor to re-appoint Peggy Sewell to the
Park and Recreation Board.
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The vote on the third motion to re-appoint Willie Calverley
was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis
- in favor , Councilman Swartz - in favor, Councilman Martin
- in favor , Councilman Hughes - in favor , Councilman
Messenger - in favor , and Councilman Simmons - in favor .
This motion carried with all in favor to re-appoint Willie
Calverley to the Parks and Recreation Board.
ZONING BOARD OF ADJUSTMENTS: A motion was made by
Councilman Simmons to re-appoint Sue Ellen Neal , Gerald
Clark, Michael Cole and Fred B. Bennett and was seconded by
Councilman Swartz . The vote was as follows : Mayor Akin -
in favor, Mayor Pro Tem Davis - in favor, Councilman Swartz
- in favor , Councilman Martin - in favor , Councilman Hughes
- in favor, Councilman Messenger - in favor, and Councilman
Simmons - in favor. This motion carried with all in favor
to re-appoint Sue Neal , Gerald Clark, Michael Cole and Fred
Bennett to the Zoning Board of Adjustments.
LIBRARY BOARD: A motion was made by Councilman Swartz to
re-appoint Cathy Upshaw and Barbara Jennings, seconded by
Councilman Messenger .
A motion was made by Councilman Hughes to appoint Ronnie
Bentley and seconded by Councilman Martin.
A motion was made by Councilman Simmons to appoint Pat
Guess, seconded by Councilman Hughes.
A motion was made by Councilman Martin to appoint Bev
Fulkerson, seconded by Councilman Simmons.
The vote on the first motion to re-appoint Cathy Upshaw and
Barbara Jennings was as follows : Mayor Akin - in favor,
Mayor Pro Tem Davis - against, Councilman Swartz - in favor,
Councilman Martin - against, Councilman Hughes - against,
Councilman Messenger - in favor, and Councilman Simmons -
against . This motion did not carry with three in favor, and
four against .
The vote on the second motion to appoint Ronnie Bentley was
as follows: Mayor Akin - abstained, Mayor Pro Tem Davis -
in favor, Councilman Swartz - against, Councilman Martin -
in favor , Councilman Hughes - in favor , Councilman Messenger
- against, and Councilman Simmons - in favor . This motion
carried with four in favor, two against and one abstention.
The vote on the third motion to appoint Pat Guess was as
follows : Mayor Akin - abstained, Mayor Pro Tem Davis - in
favor , Councilman Swartz - against, Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
against, and Councilman Simmons - in favor . This motion
carried with four in favor, two against and one abstention.
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The vote on the fourth motion to appoint Bev Fulkerson was
as follows: Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor, Councilman Swartz - against, Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
against, and Councilman Simmons - in favor . This motion
carried with five in favor and two against.
Mayor Akin declared the new members of the Library Board to
be Ronnie Bentely, Pat Guess and Bev Fulkerson.
WYLIE DEVELOPMENT CORPORATION: A motion was made by
Councilman Messenger to re-appoint Raymond Cooper, seconded
by Councilman Swartz . The vote was as follows : Mayor Akin
- in favor, Mayor Pro Tem Davis - against, Councilman Swartz
- in favor , Councilman Martin - against , Councilman Hughes
- against, Councilman Messenger - in favor, and Councilman
Simmons - against. This motion did not pass with three in
favor, and four against.
Mayor Pro Tem Davis made a motion to table this item and
seconded by Councilman Simmons. The vote was as follows :
Mayor Akin - against, Mayor Pro Tem Davis - in favor,
Councilman Swartz - against, Councilman Martin - in favor,
Councilman Hughes - in favor, Councilman Messenger -
against, and Councilman Simmons - in favor. This motion to
table carried with four in favor, and three against .
COUNCIL REPRESENTATIVE TO NORTH TEXAS COUNCIL OF
GOVERNMENTS: Steve Wright addressed the Council on the
importance of this board and reflected that it does take a
lot of time. There were several nominations made but the
Councilmen withdrew their names. A motion was made by
Councilman Messenger to appoint Councilman Simmons to the
NTCOG, with was seconded by Councilman Martin. The vote
was as follows: Mayor Akin - in favor , Mayor Pro Tem Davis
- in favor, Councilman Swartz - in favor, Councilman Martin
- in favor , Councilman Hughes - in favor , Councilman
Messenger - in favor, and Councilman Simmons - in favor .
This motion carried with all in favor .
APPOINTMENT OF A MUNICIPAL JUDGE: A motion was made by
Councilman Swartz to table this item, seconded by Councilman
Simmons. The vote was as follows : Mayor Akin - in favor,
Mayor Pro Tem Davis - in favor, Councilman Swartz - in
favor , Councilman Martin - in favor , Councilman Hughes - in
favor, Councilman Messenger - in favor, and Councilman
Simmons - in favor. This motion carried with all in favor
to table.
ADOPTION OF A RESOLUTION IN COMPLIANCE WITH EPA STANDARDS ON
INDUSTRIAL PRETREATMENT PROGRAM: According to EPA
regulations the City of Wylie must adopt a formal resolution
on the City' s Industrial Pretreatment Program. The City is
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now under contract with North Texas Municipal Water District
to monitor and run necessary tests on the City' s Industrial
Pretreatment Program. The City now has eight industries on
this program. A motion was made by Councilman Simmons to
approve the Resolution for the City' s Industrial
Pretreatment Program, with North Texas Municipal Water
District monitoring and running necessary tests. Seconded
by Councilman Messenger . The vote was as follows : Mayor
Akin - in favor, Mayor Pro Tem Davis - in favor , Councilman
Swartz - in favor , Councilman Martin - in favor , Councilman
Hughes - in favor , Councilman Messenger - in favor , and
Councilman Simmons - in favor. This motion carried with all
in favor .
FUNDING SHORTFALL FOR INFRASTRUCTURE NEEDS FOR THE TEXAS
NATIONAL GUARD ARMORY: When this project was formulated
several years ago written agreements were not obtained . The
commitments that were made but not in writing are as
follows :
Collin County Commissioners Court $150 ,000
Texas national Guard 50 ,000
Centennial Homes 69,405
City of Wylie 10 , 000
Total $279 ,405.
Construction is suspose to start in August, but staff feels
that Centennial Homes will not participate. Therefore there
is an additional $69,405 needed prior to bidding water,
sewer, street and railroad crossing improvements. There was
discussion of using the Perimeter street funds from this
area to complete the road. A motion was made by Councilman
Simmons to table, seconded by Councilman Martin. The vote
was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis
- in favor , Councilman Swartz - in favor, Councilman Martin
- in favor, Councilman Hughes - in favor , Councilman
Messenger - in favor, and Councilman Simmons - in favor .
This motion carried with all in favor to table.
SPECIAL INVESTIGATION REPORT ON SOUTHFORK MOBILE HOME PARK
AS IT RELATES TO ALL CITY CODES AND MOBILE HOME ORDINANCE
The Council was given a report on code violations and on the
difference in the master meter usage and individual meter
usage . There is still a large water loss in this area and
it needs to be taken care of . The summary of this report
is, Southfork MHP committed to the extension of McCreary
Road and the sewer lines, instead the City had to do these.
Council has never accepted the water and sewer lines and was
never given a plat to accept and file. There are also
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problems with the water, sewer and gas hook ups and non
compliance with the Mobile Home Park Ordinance . Staff is
requesting Council to authorize staff to give the owner of
the mobile home park a date to purchase the individual
meters or city crews will pull these meters and transfer to
the master meter . A motion was made by Councilman Hughes to
proceed with giving Southfork' s owner a two week notice that
the individual meters will be pulled if Southfork does not
send in notice to purchase these meters and that the City
will bill from the master meter from that date forward.
Mr . Scott Van of 171 Christopher Crossing , addressed the
council concerning the residents in Southfork, they have
voiced their opinion that they do not want to be on a master
meter .
Councilman Hughes motion was seconded by Councilman Simmons
and the vote was as follows : Mayor Akin - in favor, Mayor
Pro Tem Davis - in favor, Councilman Swartz - abstained,
Councilman Martin - in favor , Councilman Hughes - in favor,
Councilman Messenger - in favor, and Councilman Simmons - in
favor. This motion carried with six in favor and one
abstention.
APPROVAL OF PAY REQUEST #5 FROM E. L. DALTON FOR NEWPORT
HARBOR SANITARY SEWER PROJECT: This pay request is in the
amount of $28 ,849 .59 for work accomplished on the Newport
Harbor project. The City is holding a retainer of 5% plus
maintenance and performance bonds. A motion was made by
Councilman Hughes to approve the payment to E. L. Dalton in
the amount of $28 ,849. 59, and seconded by Councilman Martin.
The vote was as follows : Mayor Akin - in favor , Mayor Pro
Tem Davis - in favor, Councilman Swartz - in favor ,
Councilman Martin - in favor , Councilman Hughes - in favor,
Councilman Messenger - in favor, and Councilman Simmons - in
favor . This motion carried with all in favor.
AUTHORIZE LEASE/PURCHASE BASIS LOW BID FROM HOUSTON
GALVESTON AREA COG A REPLACEMENT AND UPGRADE ON POLICE,
FIRE AND 911 RADIO COMMUNICATION SYSTEM: Through the
Houston/Galveston Area COG through a bid price the City can
replace and upgrade the total system with several options.
The best option will cost approximately $90,000. A
representative from Motorola has presented another option
which completely replaces and upgrades the old existing
system. This plan will put the fire and police on their own
radio frequency and public works, code enforcement and meter
readers on another frequency. This option would cost
approximately $46,087 , with a payment plan over the next
five years in the amount of $10 ,849.95 each year.
A motion was made by Councilman Messenger to table this item
and have staff go out on open market for bids, seconded by
Councilman Swartz . The vote was as follows : Mayor Akin -
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in favor , Mayor Pro Tem Davis - abstained, Councilman Swartz
- in favor , Councilman Martin - in favor, Councilman Hughes
- against , Councilman Messenger - in favor , and Councilman
Simmons - against. This motion carried to table with four
in favor , and two against and one abstention.
CONSIDER CORRESPONDENCE FROM DELOITTE & TOUCHE ON RESULTS OF
PHASE 1 FINANCE DEPARTMENT AUDIT AND DETERMINE APPROPRIATE
RESPONSE TO DELOITTE & TOUCHE AND CONSIDER CITY COUNCIL
DIRECTION TO DELOITTE & TOUCHE ON PHASE 1 FINANCE DEPARTMENT
AUDIT AND DETERMINE APPROPRIATE COURSE OF _ ACTION: The
representatives from Deloitte & Touche have requested a
meeting to discuss the issue and explain what was done in
Phase 1 . There were some questions on what this firm was to
do and why there was not a written report . A motion was
made by Councilman Simmons to table this item and place the
item on the next work session , was seconded by Councilman
Swartz . The vote was as follows : Mayor Akin - in favor ,
Mayor Pro Tem Davis - against , Councilman Swartz - in favor ,
Councilman Martin - in favor, Councilman Hughes - in favor ,
Councilman Messenger - in favor, and Councilman Simmons - in
favor. This motion carried with six in favor and one
against .
CITIZEN PARTICIPATION: Mayor Akin invited those wishing to
address the Council to come forward at this time and to
state their name and address for the record . Mayor Akin
also asked that the citizens keep their comments to five
minutes and to remember that any decision from council would
be to placing the citizens request on the next agenda .
Mr . & Mrs . Rob Ireland of 201 Spence Dr . asked the Council
to place on their next agenda the drainage problem behind
their house and to review their claim for payment. The
water is coming from the alley way and from Oaks Center and
dumps into their back yard . Council requested this item be
on their next agenda for discussion about the alley and for
review of their claim.
Steve Wright of 406 E. Stone addressed the Council
concerning the Master Plan and Goals committee as to whether
they would be meeting .
Pat Stemple - no one ever came to the Council and thanked us
for the decent roads, I say thank you. Mrs . Stemple also
addressed the council on the $1 .00 donation on the water
bills and stated that most people just pay the bottom line
and did not even know it was there, asked that it not be put
on the water bills again. Mrs . Stemple also addressed the
Council on the veterans plaque, and the money that was given
to Mr . Peddicord and has this plaque been ordered.
Mayor Akin recessed the open meeting and convened Council
into Executive Session at 10: 00 P.M. under the authority of
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Article 6252-17 V.A.C.S. , Section 2 paragraph "e" for - ,
discussion to determine appropriate action relative to items
of litigation involving the following :
1 . Choya Tapp Vs . City of Wylie
2. City of Wylie, et al Vs . Choya Tapp
3 . City of Wylie, Vs . Chemical Recycling, Inc.
Mayor Akin reconvened Council into open session at 10 : 41
P.M. and stated that Council has asked the City Attorney to
investigate the items listed above.
A motion was made to adjourn at 11: 50 P.M. with all in
favor .
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John W. Akin, Mayor
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