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08-09-1988 (City Council) Minutes 84 CITY COUNCIL MEETING ...� MINUTES AUGUST 9, 1988 The City of Wylie City Council met in regular session on Tuesday, August 9, 1988 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 Chuck Trimble, Council Members Jim Swartz , Bud Naish, Ortie Messenger and Chris DiTota, City Manager John Pitstick, City Secretary Carolyn Jones, Finance Director James Johnson, Code Enforcement Officer Roy Faires, Assist. Engineer Ron Homeyer, Public Works Superintendent Don White, Chief of Police Royce Abbott and City Attorney Robert Dillard. Mayor Pro Tem John Akin and Councilman Marvin Blakey were absent . Mayor Trimble called the meeting to order and Councilman Messenger gave the invocation. APPROVAL OF MINUTES: The minutes being submitted were for the July 12th, July 26th Council meetings and the July 14th joint meeting with the Planning and Zoning Board, and the -^* July 25th joint meeting with the Library Board. There being no corrections or additions to the minutes , a motion was made by Councilman DiTota to approve as submitted . Seconded by Councilman Messenger. The vote was as follows: Mayor Trimble - in favor, Councilman Swartz - in favor, Councilman DiTota - in favor, Councilman Messenger - in favor , and Councilman Naish - in favor. This motion carried with all in favor. PRESENTATION BY MRS. CATHERINE FREY: Mrs. Frey was requesting from the Council that her water rates be the same as those who live within the City Limits. Mrs. Frey gave the Council a fact sheet which has been made a part of the City records , giving reasons why her water rate should not be the outside city rates. In this fact sheet Mrs . Frey states she was without water some six weeks and yet was receiving and paying a water bill during this time. After a lot of excuses and problems , she stated she was finally connected to the new 14" line with a promise her water bill would remain the same. Councilman Naish wanted to know why she was without water and yet received a bill from the City. Mr . Don White said there was disruption of services through some of the construction, until Mrs . Frey came into town, we were not aware her line had not been connected to this new line. Mr . White said she was given temporary service when we were made aware of her being without water. Mr. White said he did not know it was six weeks that she was without water. Mrs. Frey said she resisted going on the new line, 85 as the old 2" line was enough for her. Mrs. Frey said she would not have brought this up but the water bill is so much higher than before. Councilman DiTota wanted to know at what point and time Mrs . Frey noticed the rates had gone up over what the city rates had been. Mrs . Frey said she did not notice when they changed. Mr. Johnson, Finance Director, said he discovered it in reviewing the rate study that there were a number of customers that were outside the City and should be paying higher rates. Mrs . Frey said there were a group of people who used this 2" water line for as long as it has been there. Councilman Swartz asked if they had a well prior to connecting on to this water line. Mrs. Frey said her father made a contribution to the system and then asked the City if he could run a 2" line from the City to our property. Mayor Trimble ask the City Attorney what the controlling law was in this. Mr. Dillard said it would be private line except where it was in the easement or R-O-W. Mr. Dillard said he did not understand the point , as she was on the 14" line now and if the 2" water was in the public R-O-W and the City has maintained it , then it would be the City' s line. Councilman Messenger said the staff report said there were pressure problems and the line was outdated , and it should be replaced . Mrs . Frey said she understood except she did not want to pay the extra and she wanted to go along with what she had. Councilman Naish said that staff was looking at annexing your property and then you will get city rates. Mrs. Frey said her problem is there is a 65 year old agreement . This was a good jester for inside City rates and the City use our land for discarding of tin cans on our property. Councilman Ditota ask when it was closed . Mrs. Frey said approximately in the late 50 ' or early 60 ' s . Councilman Naish said we are in the process of having the people outside the City help off set the expense of getting water there, if we let you get water for inside rates, then we are not being fair to the others outside the city. Mrs . Frey said she understood but has any other citizen provided contributions like this for the City. Councilman Naish said I do not know but I would like to thank we are all doing and working for the City. Councilman Swartz said your father has done something good, but we cannot use that because others would come up with the same type of request. City Manager John Pitstick said since the time has passed , the amortization for that line is up and been well paid for and should level out since we have the new line, we went in accordance with our Ordinance. Mrs . Frey said her parents were always working for the City. Mayor Trimble said apparently it was an accident of not being charged properly. Mrs. Frey said she would like for the City to take care of the materials that have been put there. This would have never been brought about if the rates had not been changed . APPROVAL OF ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ON FM 544 : Mr. Ron Homeyer , Assist. Engineer, stated this 86 was coming forth from the Texas Highway Department, after his request for a survey and traffic study in this area. The Highway Department is requesting the speed limit be reduced to 50 MPH from FM 1378 to Hooper Road. Motion was made by Councilman Naish to approve the speed limit ordinance reducing the speed from 55 MPH to 50 MPH on FM 544 from FM1378 to Hooper Road . Seconded by Councilman DiTota. The vote was as follows : Mayor Trimble - in favor, Councilman Swartz - in favor, Councilman DiTota - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor . This motion carried with all in favor. AWARD OF BID FOR 2" OVERLAY FOR BALLAD STREET FROM STONE RD. TO 1600 S. BALLARD AND CALLIE COURT : Mr. Ron Homeyer, Assist. Engineer, stated this recommendation is for the entire project for S. Ballard and Callie Court. The reason for this coming forth now, is due to the bid received being good for 90 days and the time is up today. Staff is recommending going with the bid from XIT in the amount of $70 ,300 .00 . We will bring it back for approval of payment as each section is done. Motion was made by Councilman DiTota to award the bid for the 2" overlay for Ballard Street and Callie Court to XIT Paving. Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor, Councilman Swartz - in favor, Councilman DiTota - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. AUTHORIZATION FOR STAFF TO OFFER BID FOR PUBLIC SAFETY EQUIPMENT (BOAT) : Craig Swaner reported that at the present time the fire department members are using their own vehicles to transport themselves and equipment to fires . If this support vehicle could be purchased, it would transport the firemen to the fire, carry equipment that is having to be loaded each time there is a fire. If this vehicles had all the equipment already on it , it would save time in getting to a fire. The vehicle needs to be able to carry a cascade system and then we can refill our air bottles on the scene and not have to send one of the fireman back to the building to refill bottles . The power generator would also be on this vehicle, this is used at night for giving us proper light. At present this is not carried, and if needed someone takes their personal vehicle back to the building and picks it up. Councilman Messenger said there is $16,000 .00 shown for this item. Mr . Swaner said the vehicle will be approximately $12,000 .00 and then $800.00 to $1200 .00 for a tool box . Councilman Naish wanted to know if the fire department has given consideration to a used vehicle. Mr . Swaner said yes. Mayor Trimble said there is -� a vehicle at First State Bank that is low mileage and we should go look at it. Mayor Trimble also stated he is in support of the vehicle, but not sold on the boat . Mr. Swaner said the main use of the boat is for water rescue. 87 That is the reason the boat we have now was purchased. Anytime there is a drowning we are called out , we average about two or three times a year being called out . City Manager John Pitstick said he has a concern for the fire department even with a new boat for the problems of safety. Councilman Naish said what we have now we should not put anyone in and put it on the lake. There is no room for working with people once we get to them. I think we should submit a bid . We have annexed the land. Councilman Messenger said we should offer a bid . Councilman DiTota said if we submit a bid an do not get it, then do we have to go out for $14 ,00Q to $20,000 . boat. City Manager John Pitstick said that Mr. Larry Allen told him there were not many bids turned in. Councilman DiTota said he did not want the City to be abused. Everyone will say, Wylie has a boat, let them go out. Councilman Naish said it could be a joint effort , with police and fire. Councilman Naish suggested to bid on this boat and if it does not go through we come back and start again. City Manager John Pitstick said the Corp has a good boat and yet they depend on us now, if we get this boat they will really depend on us . City Manager John Pitstick said the minimum bid was $6 ,500 .00. Councilman Naish said they are asking $7 ,000 .00 Mr. Johnson, Finance Director, said Council could flip this around and request bids for boat and let Plano submit us a bid . Mayor Trimble said he was willing to go $6 ,500 .00. Councilman Messenger said not $7 ,000.00 . Mayor Trimble said lets see what this brings us . City Manager John Pitstick said bids will be sought from other cities . Motion was made by Councilman Naish to submit a bid of $6,600 .00 to Plano for the boat . Seconded by Councilman Messenger. City Attorney, Mr . Dillard said that the City has to advertise in the paper for a boat as it is over the $5,000 .00 and they can not submit a bid . There was no vote called for this motion. APPROVAL TO CHANGE THE SCHEDULE A OF THE PUBLIC SAFETY CONTRACT: Motion was made by Councilman Messenger to change Schedule A of the Public Safety Contract (General Obligation Equipment Notes 1988) to include purchase of a boat and support vehicle. Seconded by Councilman Naish. The vote was as follows : Mayor Trimble - in favor, Councilman Swartz - in favor, Councilman DiTota - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. Mr . Swaner said the fund raiser the fire department had raised $2 ,500 .00 and this was going for training. The fire department purchased a VCR and TV for training purposes . APPROVAL OF PAYMENT OF CUMMINGS AND PEWITT ENGINEERING FIRM FOR STREET CONSTRUCTION PROGRAM IN THE AMOUNT OF $39 ,635.00 : 88 Councilman Messenger wanted to know if this amount was for --�. the entire project . Mr. Homeyer, Assist. Engineer, said there would be a few other charges, but this was the biggest part of the project. Councilman DiTota said there is a penalty for late fees and wanted to know if this was going to affect us . Mr. Homeyer said no. Motion was made by Councilman DiTota to approve the invoice paying Cummings and Pewitt Engineering Firm for the street construction program in the amount of $39,635.00 . Seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor, Councilman Swartz - in favor, Councilman DiTota - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. AUTHORIZATION FOR STAFF TO SALE THROUGH SEALED BIDS THE OLD WATER TOWER BEHIND THE OLD POLICE STATION: Motion was made by Councilman DiTota to grant authorization for staff to seek bids on the old water tower behind the old police station, with bids covering any liability expense. Seconded by Councilman Naish. The vote was as follows : Mayor Trimble - in favor, Councilman Swartz - in favor, Councilman DiTota - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF A REQUEST FOR A SEWER TAP AT PRESIDENTIAL ESTATES SEWER LINE FOR ONE LOT IN LAKE RANCH ESTATES: Mr. Ron Homeyer feels with current building rate in Presidential Estates , we can handle this and sewer should be in by the time of build out . Councilman DiTota wanted to know what other alternatives . Mr. Homeyer said septic system. Mr. Homeyer said this is in Lake Ranch Estates and is in the city limits. Mayor Trimble said when we annexed them in, the City committed to provide services from the City. They may contribute to some of the cost but the City has to pay some also . City Manager John Pitstick said we will have to put a line up there for Presidential Estates and Newport Harbour . Councilman DiTota said you are going to have some patch jobs , some septic, and some sewer . We will inherit these someday. Mayor Trimble said I was not saying patch jobs , but we have to do Presidential and Newport Harbour and I would not oppose some other developers helping put this line in. Councilman Naish said one of the reason we have Presidential and Newport Harbour was it happened during the booming years and we felt that prior to build out we would have grown to the area. I do not think we can go on any estimates, I think we have to look at it now. City Manager John Pitstick said this was brought forward because staff does not see us on complete build out prior to the force main being put in. — Mr . Kent Crane is the builder for this property. Mr. Crane said this is on lot three, and when Presidential Estates was built , it was discussed about bringing the west road and the 89 sewer line up to Lake Ranch Estates. This road dead ends now. This property we are asking for sewer to is where the barricade is and where the sewer line stops. This is not an easement, this property is the only one involved and they are at the joining point of Presidential Estates . Councilman DiTota wanted to know how many lots in Lake Ranch Estates. Mr . Crane said there are 12 lots, 2 lots are built on and occupied. Mr . Roy Faires said this is an old sub- division . Councilman DiTota said his concern is that this sub-division was built for septic systems, and what stops the other property owners from wanting to do the same thing. Councilman DiTota said why sewer and not septic system. Mr . Crane said you will run into problems such as wet weather and this causes sewer to rise up. The cost is about the same on septic system and sewer . Councilman Swartz said he does not see where one house will make a difference. Mayor Trimble said you have to look at being fair, as if all 12 lots were asking to come on line. Mr . Crane said 12 houses would not make it go to another size line. Mr. Homeyer said no extra M & 0 on the force main system, you would have to put in a larger pump motor . Mayor Trimble said we have to give sewer within 2 1/2 years, and we are almost there. I believe it has to be offered to all 12 lots and they have to pay from where we stop the line to their property. Mr. Homeyer said he would want the easement . Motion was made by Councilman Swartz to approve the sewer tap for all 12 lots in Lake Ranch Estates with an easement and fees. Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor, Councilman Swartz - in favor, Councilman DiTota - against, Councilman Messenger - in favor , and Councilman Naish - against. This motion does not carry, there were three in favor, and two against . In accordance with the City Charter, there must be four in favor of a motion in order for it to carry. CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing to address the Council to come forward at this time. Please state your name and address for the record and try to hold your comments to within two minutes. There were no citizens wishing to speak at this time. COUNCIL DISCUSSION: Councilman Naish said there was a meeting on Thursday at 7 P. M. on the budget and we urge all the citizens to come out . Also, has the Highway Department responded to patrolling Hwy. 78 . Chief Abbott said they have told me they were out on Hwy. 78 already. Councilman Messenger how are things going with the new temporary Library Director? City Manager John Pitstick said just fine, met with the Board last night and she will be here for about six weeks . Councilman Messenger wanted to know if she was doing re-training . City Manager John 90 Pitstick said she is making a lot of changes. Councilman Messenger wanted to know if she was re-training the Library Aide. City Manager John Pitstick said yes . Councilman DiTota wanted to know if the City Manager could prepare a sheet that would compare tax rates and water rates with other cities around us for Thursday night' s meeting. Mayor Trimble said there was an all day work shop on the budget and I believe we gained some ground. City Manager John Pitstick said this is a work session on Thursday, we have not set the public hearing date yet. There being no other matters of discussion, a motion was made to adjourn with all in favor. //1/.>":2 : -' Trimble, Mayor ATTEST: `��y���O�F jry� 0 7 4 , 1 I SEAL Carol Jonew, �i fy Secretary% `' 1 E, ei�pdrf�luu;�n1Ui�°.