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 ,
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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
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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
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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
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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
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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.
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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
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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 -
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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
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ATTEST: a
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Caroly nes, . ty Secretary