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08-25-1987 (City Council) Minutes 282 CITY COUNCIL MEETING ... MINUTES AUGUST 25, 1987 7: 00 P. M. The Wylie City Council met in regular session on Tuesday, August 25 , 1987 at 7 : 00 P .M. in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan, Council Members Calvin Westerhof, Marvin Blakey, John Akin, Chris DiTota, and Kent Crane, Acting City Manager James Johnson, City Secretary Carolyn Jones, Acting Public Works Director Don White, Ron Homeyer of the Engineering Department, Chief Abbott, and City Attorney Robert Dillard . Mayor Trimble called the meeting to order and Councilman Akin gave the invocation. CONSENT AGENDA APPROVAL OF MINUTES, NAMING 4TH BASEBALL FIELD "RUDY ROWELL FIELD" , MEMORIAL PLAQUE AT RUDY ROWELL FIELD, ACCEPTANCE OF SANITARY SEWER EASEMENT FROM MYRAN CORPORATION, REIMBURSEMENT OF OVERSIZING FOR RUSH CREEK SEWER LINE EXTENSION TO SPENCE CONSTRUCTION FOR $2,651 .60 : Mayor Trimble stated the items on the consent agenda can be considered as one item or if a Council member wants, an item can be pulled out and considered separately. Motion was made by Councilman Westerhof to approve all items on the consent agenda . Seconded by Mayor Pro Tem Donovan. Councilman DiTota wanted to know if staff approves of the sewer line that was installed prior to the reimbursement being made. City Manager James Johnson said yes, that staff had inspected this line and does approve. Councilman Crane wanted to know if the memorial plaque that was being considered was bronze like the other hanging in the concession building. City Manager James Johnson said yes . Councilman Akin said it was an honor to see this plaque being done. Mayor Trimble called for a vote being there was no other questions or discussion. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor , 283 and Councilman Blakey - in favor . This motion carried with all in favor . ORDINANCE IMPOSING THE ADDITIONAL PENALTY ESTABLISHED IN SECTION 33 .07 OF THE TEXAS PROPERTY TAX CODE UPON DELINQUENT TAXES: City Manager James Johnson stated that this item was before the council at the request of the tax attorney and the city attorney. This ordinance covers the 15% fee for attorneys when collecting delinquent taxes . Motion was made by Councilman Akin to approve the ordinance imposing the additional penalty established in Section 33 . 07 of the Texas Property Tax Code. Seconded by Councilman Westerhof. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . ORDINANCE PROHIBITING PARKING ON J . W. AKIN LANE BETWEEN MASTERS AND STONE ROAD: This ordinance is before the Council to comply with the motion on granting the Planned Development at the last meeting. The Council wanted to insure that no one would park on Akin Lane after the new Funeral Home was built. Motion was made by Councilman Westerhof to approve the no parking ordinance for J. W. Akin Lane between Masters and Stone Road. Seconded by Mayor Pro Tem Donovan. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Trimble stated that anyone wishing to speak may come forward, please state your name and address and keep your comments to within two minute. At this time there was no one who came forward . COUNCIL DISCUSSION: Mayor Pro Tem Donovan wanted to know where the staff was on getting the truck ordinance completed. City Manager James Johnson said it was with Mr . Jackson , and that he would contact Mr . Jackson this week. Mayor Pro Tem Donovan wanted to know where the discrepancy was with the Lucus/Wylie boundary agreement . City Manager James Johnson said he can not find one, it will go on the next agenda . City Manager James Johnson said he needed some direction from the Council on the rate study so he can complete the Utility Fund Budget . Councilman DiTota wanted to be brought up to date on the gasoline spill at the new city complex. City Manager James Johnson said a contractor cut through a gasoline line and that the gas run in the sewer pipe to the new complex. The 284 gasoline dealer was there immediately and at the advice of the Fire Marshal Lester Gayler , the clean up of this was turned over to the dealer . Since they have more knowledge of this and the equipment to do the clean up. Acting Public Works Director Don White said that Austin Paving has contacted him and there should be no problem with the sewer line and Austin Paving is sending a letter stating this . Councilman Akin wanted to know if the contractors came in to see if there were any lines that needed to be located on projects prior to their beginning work. Code Enforcement Officer Roy Faires said yes , and these lines where on the plan and had been located. Councilman Westerhof wanted to know if on the next agenda there could be an ordinance to imply a penalty on the utility bills for late payment . Councilman Akin stated that on Highway 78 and FM 544 (Kirby ST. ) the traffic is using the shoulder of the road and causing near miss accidents . Our police staff does not have an ordinance that will let them enforce this area . Mr . Lee of the Highway Department has stated that he will put up signs prohibiting driving on the shoulders , but Council does need to pass the ordinance stating it is unlawful to use the shoulder . Councilman Akin stated that the budget process was about two months behind, where are we at in staring work sessions . City Manager James Johnson stated that the General Fund was ready to be presented to Council . Councilman Akin than stated that he did not see the revised budget to justify the $200 ,000 .00 . City Manager James Johnson said the budget was never revised, but that he had presented to the Council an audit from the City Auditors showing the shortfall for this year . Councilman Akin wanted to know if there had been a time set on the opening of the new City Complex . City Manager James Johnson said should be in October , but this depends on the utilities. Mr . Faires stated that the contractors are laying the carpet and tile and the final walk through should be in about six (6) weeks . Mayor Trimble said the Texas Ag . Extension Service is having several work shops if anyone is interested. Also notice of a public hearing of Central Appraisal District of Collin County on August 27 , 1987 for the proposed 1988 budget . Mayor Trimble also stated that he has received an invitation to a luncheon with Collin County Mayors, City Councils and City Managers with the Collin County representatives and Mr . Arnold Oliver with the Texas Highway Department. Also the Memorial for Veterans of Texas has sent us a book and if anyone wants to look into this , they may get this book from me. ACCEPTANCE OF APPLICABLE PUBLIC IMPROVEMENTS FOR LAKE RAY HUBBARD MOBILE HOME PARK: City Manager James Johnson said that Council should have received the last letter that was 285 to Mr . Finholt, as I see it there are several problems to be resolved . The most important is water - fire protection, and sewer . The orders the City has received from the Texas Water Commission has said we can not furnish water to this area that it has to come from East Fork Water Supply. City Manager James Johnson also stated that there are some fees that have to be paid, Council may choose to apply some of the monies spent for the water line against some of the fees that are due, but only Council can make that decision. Councilman DiTota said he has a concern of the streets being taken over by the City as Mr. Finholt wants. City Manager James Johnson said the City' s Mobile Home Park Ordinance says the City will not accept these streets. Councilman DiTota said he is not understanding why we are talking about pumping sewer when our Ordinance says the developer will put in these lines . The past City Manager has said in the minutes that Mr . Finholt is required to do all these. Mr . Stan Knight , Attorney, representing Mr . Finholt , said first on the streets, it was Mr . Finholt' s intention to have these as private streets . Second the water service has to come from East Fork Water supply. The Texas Water Commission has already said that . The water problem has been resolved and East Fork will be serving water . Mr . Dillard said the agreement was we would abide by the jurisdictions of the water systems. Third, the sewer service - this development will take some time to fill up and we intend to have the force main installed and the line in within the next thirty (30) days. Mr . Finholt has contacted an individual to pump what sewerage that collects and we will bare this expense. Mr . Knight stated that Mr . Johnson said the City could not pump, but Texas Water Commission has sent you a letter stating you can pump up to 9,000 gallons per day. Councilman DiTota said how can we do this when Texas Water Commission said not to haul more than 2 ,000 ft. This is 2 .2 miles , how can we do this . Mayor Pro Tem Donovan said how long will it take you to move in these trailers, at Southfork they were in over night . City Manager James Johnson said they come in faster than estimated. Mr . Knight said they were estimating the sewer line to be in within 90 days. Mayor Trimble wanted to know what happens if you do not get the lines in. City Manager James Johnson said for Council to consider that the Texas Water Commission has said to stop pumping and there is an enforcement order , the City must keep their agreement with the State. Councilman DiTota said he did not understand why the sewer lines are not in, in the minutes, the past City Manager said 286 that the developer has to put in these lines . Mayor Trimble said the responsibility is clearly on the developer to install all water and sewer lines . Councilman Crane said the past City Manager has stated that it was his opinion to put in the main trunk line down Muddy Creek, but this was his opinion and was not said to be policy. Mr . Knight said they were willing to set a limit on the number of mobile homes that would be brought in. Mayor Trimble said it was calculated to be only 11 mobile homes that could come in under the pumping order . Councilman DiTota wanted to know what was going to happen if there was a spill . Mr. Knight said the hauler and developer would be responsibility. Mr . Knight said they were willing to limit the number of mobile homes to fifty (50) . Mr . Knight said that certain water pressures are to be supplied in order to comply with the City of Wylie Ordinances . We can only give you the pressure that East Fork gives us . Mr . Knight said that the on-site drainage ditch has been properly installed . There is a problem with Mr . Allard on the off-site drainage. Mr . Knight stated that the maintenance bond had been given to Mr . Homeyer . City Manager James Johnson said he does not concur with not collecting the fees , to defer these fees would put us against the City Ordinances. There are license fees that need to be paid. Mr . Knight said the Lift Station District Fees should not be paid until the lines are connected. Councilman DiTota wanted to know if council considered the 50 units, or 11 units , what would be the City' s protection to get the sewer lines in. Who knows but this company may file bankruptcy prior to getting the lines in, then what . Councilman Westerhof said if he moves in more mobile homes than what he was given permission to, what could we do for recourse. Mr . Dillard said not to pump sewer from anything but the set number of mobile homes. Councilman Crane wanted to know if the security on the performance bond would cover the bankruptcy. Mr. Dillard said he was not for sure, he would have to check. Mr . Faires said the City would be assured of only the number of mobile homes that Council granted through the release for power . Mr . Knight said the City has had us put in this water line that is now useless . Mr . Dillard said it goes right in ... front of the East Fork Water tank and will not be useless . Mr . Dillard said the first thing for Mr . Finholt to do is to get the water from East Fork Water Supply and then check to see if they will have the pressure needed for the fire 287 hydrants . Second, if they can get Texas Water Commission and the Texas Department of Health to give them permission to pump and haul this sewer by private hauler than the City has to accept it . Mr . Jimmy Hall , Attorney, said he has talked with TWC about this and the enforcement order from TWC. Also the City received a letter from Texas Department of Health about the pumping. Mr . Hall has written to see if Wylie could continue to pump and haul . TWC is telling us the City can continue to pump and haul if the City stays within their orders . Mr . Hall said he does not think the 9 ,000 gallons can be enforced. Councilman DiTota says this developer has said he knows it is his responsibility to put in the sewer lines and yet we are going to allow him to pump and haul , maybe have a spill and then the City will be fined by TWC. I cannot go to the citizens and ask for a tax increase and let this subdivision come on line like this, with a possibility of a spill and the citizens be faced with a fine . City Manager James Johnson said this will be mastered metered and the City will have no controll over the sewer . Councilman Westerhof stated that he was looking at some communication from Texas Department of Health and there were seven different stipulations given to the City of Wylie in order for us to comply with this pumping . The fifth stated that no sewer will be stored in the lines. You have just stated that the sewer will be stored in the lines prior to the pumping. Mr . Hall said this was just an example, it was not their intention to store the sewer . Councilman Westerhof said how many examples are we going to get . Everything is here that you were to do and you keep saying we will do it after we open. Now this and it is the City' s responsibility to answer to the Texas Department of Health. The Council as laymen, represent the City of Wylie, we have to watch everything we do. We are in a mess as it is and are trying very hard to do the best we can with' it. We are not giving Mr . Finholt a bad time, but the City has received the letter that says do this, don' t do this. This is what we are going by and we can not work around the State. I am geting frustrated with it. Councilman Westerhof asked Mr . Hall what do you thank the chances are that TWC will go along with this. Mr. Hall said as long as we show no spills, they will approve this . Mayor Pro Tem Donovan said the Council is saying that there are so many variables , that you need to get TWC to agree to. The Council just does not see the State doing this as easy as you say, we have been up to the State and talked with them on several occasions. Why do this, when you are going to put in the line. Mr . Hall stated that it was on their shoulders to work out these details with the State. 288 City Manager James Johnson ask Mr . Homeyer about the easements on FM544 . Mr. Homeyer said there is a problem because of water already being there and the State does have requirements about how far apart water and sewer lines have to be. Mr . Finholt stated that the past city manager has said the sewer line would come up Cottonwood Creek, if I had been told that the sewer line had to come down FM544 , it would already be in. Councilman Blakey said Mr . Finholt you stated if you had known then the sewer line would come down FM544 , it would be in, if Council had known TWC was going to impose these orders that they have, we would have made other arrangements to. Councilman Crane said that the Council has been in Austin with the Texas Water Commission and was given verbal authorization to continue the pumping , yet a few weeks later received this letter that said no more pumping. Mayor Pro Tem Donovan said our citizens are going to be caught because we have to raise our taxes and water/sewer rates and we do not want to do that, but we are getting our orders from TWC and they are saying to raise these rates in order to make these improvements . Mr. Finholt said he does not believe the Council is being fair to him, I need to open this park in the morning . Mayor Trimble said if Mr . Hall can get these requirements and hold the number of mobile homes to fifty (50) , will Council be willing to go ahead. Councilman Crane said we needed to address what type of protection we have over bankruptcy. Councilman Crane said he would like legal opinion on this . Motion was made by Councilman Akin to have the City Attorney meet with the attorneys for Mr. Finholt and staff and get back with recommendations for council action. Councilman DiTota said to state specifically what the State will do. Mr . Knight asked for this to be tabled until September 8th meeting . City Manager James Johnson wanted to know if the water line would be connected by then . Mr . Finholt said it would be. Councilman Crane wanted to know how the holding tank would be monitored . Councilman Akin revised his motion to table this item until the next meeting. Seconded by Mayor Pro Tem Donovan. The 289 vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF EUBANKS LANE SANITARY SEWER LINE EXTENSION CONTRACT: City Manager James Johnson said the contract for this sewer line has not been completed as yet . City Manager James Johnson wanted to know if Council would go ahead and give Mr . Cook the authority to begin this line . Mr . Cook said the only problem was that when the job was completed, he did not want the payment to get drug out . Mr . Cook said the contract had been let and the contractors are proceeding , also , is there anyway I can put in the 12" water line and some of the fees of this development be used against this cost . City Manager James Johnson said the impact fund has been committed. Motion was made by Councilman Crane to authorize the City Attorney to draw up a contract to reflect the City to pay the balance from the $69 ,930 .00 after Mr . Cook' s pays $34 ,000 .00 . Seconded by Councilman Westerhof. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . AWARD OF TELEPHONE EQUIPMENT BID FOR THE NEW MUNICIPAL COMPLEX: There were 8 bid letters mailed out and six bid packets pick up. There were two bids received , one from GTE and the other from Southwestern Telecom. Staff recommends to the Council for this item to be tabled until September 8 , 1987 , as there are some questions on GTE' s bid and Mr . Dillard has been asked for his opinion . Motion was made by Mayor Pro Tem Donovan to table this item until September 8 , 1987 . Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor, Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF CONSTRUCTION DRAW #10 TO SPEED FAB-CRETE: This construction draw is in the amount of $50 ,014 .35 and is for the work at the new Municipal Complex . Councilman Akin wanted to know how much of a retainer we were holding . City Manager James Johnson said 10% . Staff recommends approval of this draw in the amount of $50 ,014 .35 . Motion was made by Councilman Akin to approve draw #10 in the amount of $50 ,014 .35 . Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor, Councilman DiTota - in favor, Councilman Crane - 290 in favor , and Councilman Blakey - in favor . This motion carried with all in favor . Mayor Trimble recessed the opening meeting and convened Council into Executive Session at 9: 40 P .M. under the authority of Article 6252-17 of V.A.C.S . , Section 2 paragraph "e" legal consultation between City Attorney and Governmental Body in regards to State Agency Requirements Wastewater System, and paragraph "g" personnel matters - Municipal Court . Mayor Trimble reconvened the open meeting at 10 :45 P.M. and stated that there was no action to be taken from the executive session. Motion was made to adjourn with all in or . \ _._w _, 's Chuck Trimble, Mayor (- ATTEST: a 4 Caroly nes, . ty Secretary