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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. 361 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. 62 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. 3 6 3 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. 364 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 3 c5 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 366 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 - 367 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 368 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 . 4 John W. Akin, Mayor ATTEST: 0NlMii111d' Aj oly ne , ' t Secretary �� ' —R SEAL , _