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12-08-1992 (City Council) Minutes MINUTES OF THE WYLIE CITY COUNCIL December 8, 1992 CALL TO ORDER 5 Mayor John W.Akin called the meeting to order with the following Councilmembers present: Jim Swartz, Reta Allen, Jay Davis, Ortie Messenger, Bud Naish,and Steve Wright. Reverend Don Yeager gave the invocation. 10 CONSENT AGENDA 1) Minutes of November 10 and November 17, 1992 2) Resolution No. 92-15 Declaring National Drunk and Drugged Driving Month 15 Mayor Akin read the resolution aloud and Naish made a motion to approve the Consent Agenda. Davis seconded the motion. The motion was voted on and passed unanimously. PRESENTATIONS 20 Mayor Akin gave appreciation awards to: 1) graduates of the first Wylie Citizens Police Academy .... 25 2) donors to the Meals on Wheels Program 3) participants in the Adopt-a-Flower Bed Program 4) donors to the soccer and football fields at Community Park 30 5) organizations who planted trees at Community Park Mayor Akin then presented Officer Johnny Allison with a plaque in appreciation for the lifesaving action he took when he responded to a choking infant. Chief of Police Harvey 35 Hightower presented Allison with a lifesaving bar. Melissa Hawkins and her infant, David Kirby, were also present to thank Allison. APPROVAL OF CONTRACT RENEWAL FOR HEALTH\DENTAL CARE SERVICES 40 City Manager Steve Norwood recommended that the City Council extend the health/dental care contract with Cigna for an additional year. He explained that the health plan had increased 23 percent and the dental plan rate (combined employee and dependents) increased 4.6 percent. Naish made a motion to extend the Cigna contract. --► Wright seconded the motion. The motion was voted on and passed unanimously. 2 83 45 CONTRACT FOR AMBULANCE SERVICE Norwood outlined the proposals received from Rural Metro, A-1 Ambulance and Central Ambulance. Norwood explained that previous areas of concern mentioned by Council had included: 50 1) workers compensation provisions 2) accident coverage and liability 3) ability for contractor to provide its own facility 4) ability to provide back-up ambulances 55 5) renewal options 6) availability of Mobile Intensive Care Units Council reviewed the proposals from the three services including those aspects of the proposals listed in the following summary: 60 A-1 Central Rural/Metro Ambulance Ambulance BASE BID 132,252.00 152,000.00 145,000.00 FACILITY 149,052.00 159,200.00 160,000.00 65 PROVIDED BY CONTRACTOR ONE YEAR 180,000.00 NO BID 145,000.00 CONTRACT NON-EMERGENCY 200.00 165.00 150.00 70 BLS RATE EMERGENCY BLS 200.00 190.00 150.00 RATE ALS RATE 250.00 280.00 245.00 STAFF COMMENTS -Did Not Provide -Proposed MICU Level -Base Bid Would Reviewed Financial of Service Exceeds Require City to Statements Spec's. Dispatch 911 Call -Worker Comp. -Did Not Provide -Did Not Provide List Coverage Would Cost Reviewed Financial Charges for $42,000 More Statements Supplies/Med's -Charges for Use of -Worker's Comp. -Back-up Ambulance Certain Non-Disposable Coverage would cost May Not be Close Items Not Charged by $80,000 More Enough to Wylie Other Providers -Proposed Renewal Option Does Not Meet City Spec. 3 84 75 Darrell Quigly, Central Ambulance, addressed several service issues of the Council. He explained that although only one ambulance would be stationed in the City, the Central dispatch system would move a secondary ambulance within quick response distance whenever the stationed ambulance was on a call. He stated that Central was willing to provide its own facility with room house one piece of fire equipment. He stated that the ambulances were 80 Mobile Intensive Care Units (MICU) and that the rates were not subject to change. Tommy Craven, A-1 Ambulance, stated that A-1's past service in Wylie had been quite satisfactory and that he was willing to look at other locations for housing the ambulances. He stated that A-1 would have a back-up unit in town at all times and that A-1 85 would be upgrading to MICU's in October. He stated that A-1 had three stations: Wylie, Princeton, & Farmersville, that A-1 averaged 60 percent non-emergency transports and 40 percent emergency transports. Daniel Kaufman and Richard Jackson with Rural/Metro were present to answer 90 questions but had no specific comments to make regarding the Rural/Metro proposal. After in-depth Council discussion, Swartz made a motion to award the ambulance contract to Central Ambulance with the condition that Central provide its own housing, that such housing be constructed to provide room for the storage of one fire truck, and that an 95 EMS Advisory Committee be created. Allen seconded the motion. The motion was voted on and passed with all in favor except Davis who was opposed. ORDINANCE 92-14 AMENDING THE WYLIE CODE OF ORDINANCES REGARDING RUBBISH, HIGH WEEDS AND BRUSH AND GRASS REGULATIONS 100 Norwood explained that the ordinance would give the City more enforcement authority. Code Enforcement officer Lynn Sharpe explained that City mowing was sometimes more convenient and less expensive for a citizen than doing a clean-up himself. She stated that the proposed ordinance would stiffen fines and clearly define violations,thus 105 aiding enforcement. The Mayor read the ordinance caption. Naish made a motion to approve the ordinance. Allen seconded the motion. The motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SEC. 2.00 TALL 110 WEEDS,BRUSH, AND GRASS OF CHAP IER 14 OF THE CODE OF ORDINANCES OF THE CITY;DECLARING WEEDS, RUBBISH, BRUSH AND OTHER OBJECTIONABLE, UNSIGHTLY OR UNSANITARY MA1'1'ER A NUISANCE AND SETTING FORTH REGULATIONS REQUIRING THE OWNER OR OCCUPANT TO KEEP PROPERTY FREE OF SUCH NUISANCE;PROVIDING FOR ABATEMENT OF SUCH NUISANCE BY 115 THE CITY AND RECOVERY OF COSTS AND EXPENSES OF SUCH ABATEMENT, INCLUDING PROVISIONS FOR IMPOSITION OF A LIEN; PROVIDING FOR AN ADMINISTRATIVE FEE BEING THE COST OF ADMINISTRATION OF THE PROVISIONS OF SECTION 6-2;PROVIDING A REPEALER CLAUSE,A SEVERABILITY CLAUSE, A SAVING CLAUSE, A PENALTY CLAUSE AND AN EFFECTIVE DATE. 120 4 85 PAYMENT NO. 8 TO RANDALL & BLAKE, INC. FOR WORK RELATED TO THE WYLIE LANDFILL CLOSURE City Engineer Paul Beaver explained that the City was holding five percent of the 125 total contract fee until the remaining 20 percent of the bermuda grass was completed in the Spring of 1993. He explained that Randall & Blake were requesting the City reduce this retainage to one percent and pay $9,474.42 of the $11,843.02 still owed. Beaver recommended that the City not make payment until the project was complete in the Spring. Swartz made a motion to deny payment and retain five percent until completion of the 130 project. Wright seconded the motion. The motion was voted on and passed unanimously. SETTLEMENT AGREEMENT WITH WYLIE NORTHEAST WATER SUPPLY CORPORATION 135 Wendy Corrigan, legal counsel representing Wylie Northeast Water Supply Corporation and Texas Rural Water Association, presented a settlement proposal whereby the City of Wylie would pay WNE $126,582.27 for lost water sales, depreciation, and cost of connecting to the Wylie Northeast system on properties the City currently served with water in the Wylie Northeast service area. These properties included the Army National 140 Guard area and two homes in the Newport Harbor Subdivision. The City Council was non-receptive to the proposal and Corrigan, along with John Fitzpatrick, General Manager of WNE, proposed a settlement halfway between the $126,582.27 proposed by WNE and $33,866.15 which was a sum recommended by the Texas 145 Water Commission in addition to the return of the properties to the WNE service area. Swartz made a motion to reject the proposed offer. Allen seconded the motion. Council discussed the infrastructure improvements installed at the City's expense to serve 88 homes within the Newport Harbor Subdivision that would be used by WNE if the 150 subdivision were released to the WNE service area. After much discussion, the motion was voted on and passed unanimously. Council agreed to complete other business on the agenda and discuss a counter-proposal in Executive Session. CITIZEN PARTICIPATION 155 Kevin Kerr, 712 Westwind, addressed the Council regarding a traffic problem on Stoneybrook Lane. Kerr stated that parked cars along Stoneybrook slowed passage, were accidents targets, and were obstructed the view of children crossing the street. Kerr requested Council to consider establishing a "no-parking"zone on or both sides of the street 160 on a future agenda. Greg Gells, a Newport Harbor resident, asked Council for a status report on meter tests for air registration in the Newport Harbor Subdivision. City Engineer Paul Beaver stated that tests were inclusive. Gells stated that his bill read 16,000 gallons of water when 5 86 165 the highest he had received in the past was 12,000 gallons. Finance Director Brady Snellgrove agreed to consider an adjustment and Beaver stated that the meter would be replaced. EXECUTIVE SESSION 170 Council adjourned into Executive Session under Article 6252-17 V.A.C.S. at 9:40 p.m. to discuss Litigation: James Johnson vs. City of Wylie, Don White vs. City of Wylie, and Wylie Northeast Water Supply Corporation Settlement Proposal. 175 ACTION RESULTING FROM EXECUTIVE SESSION RELATED TO JAMES JOHNSON AND DON WHITE Upon Council convening into regular session at 10:45 p.m., Messenger made a motion to instruct the City Attorney to continue negotiations with both James Johnson and Don 180 White. Naish seconded the motion. The motion was voted on and passed unanimously. ACTION REGARDING WYLIE NORTHEAST WATER SUPPLY CORPORATION Swartz made a motion to make the following settlement proposal: The City of Wylie 185 would give Newport Harbor Phase One to WNE for service, keep the Army National Guard area under City of Wylie service, receive $50,000 from WNE for infrastructure cost reimbursement, and the WNE/City service boundary line would be moved south of Phase One. Davis seconded the motion. The motion was voted on and passed unanimously. 190 Fitzpatrick declined to accept the City offer and made the following proposal: WNE would serve Newport Harbor Phase One, the City would retain the Army National Guard service area, the boundary line would be moved south of Newport Harbor Phase One, the City would swap residents'water deposits for the $60.00 WNE membership fee, and the City would pay WNE $24,000 in professional fees. 195 Wright made a motion to reject the proposal. Swartz seconded the motion. The motion was voted on and passed unanimously. Fitzpatrick suggested the following proposal: The City of Wylie would keep all of 200 Newport Harbor, the Army National Guard service area, would move boundary lines to coincide with City limit lines, and the City would pay WNE $30,000 and then $6,000 each year for five years with no interest. Swartz made a motion to reject the proposal and offer $25,000 plus $5000 per year 205 for five years at no interest. Wright seconded the motion. The motion was voted on and passed unanimously. 6 87 Corrigan and Fitzpatrick made the following proposal: $50,000 immediately or $55,000 over a period of time, the City would retain Newport Harbor and the Armory, -,i0 boundary lines would be moved to coincide with City limit lines, and the City and WNE would each pay own attorney fees. As the Council and WNE were in agreement, Messenger made a motion to instruct the City Manager to execute a contract representative of the following: the City of Wylie 215 would retain service rights to all of Newport Harbor and the Army National Guard"Armory" area, WNE service boundary lines would be moved to coincide with City limit lines, and the City would pay WNE $25,000 by January 31, 1993, and $6,000 per year for the next five years to compensate WNE for lost revenues as a result of transferring potential customers. Swartz seconded the motion. The motion was voted on and passed unanimously. 220 ADJOURNMENT As there was no further business to come before the City Council for consideration, the meeting adjourned at 11:58 p.m. 225 ✓ , J 2/1' /;*PROVED '0 /114,wAIL :1J )/ ATTES 7