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11-22-1988 (City Council) Minutes aoG41— CITY COUNCIL MEETING MINUTES NOVEMBER 22 , 1988 The City Council of the City of Wylie met in regular session on Tuesday, November 22 , 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. Councilmembers present were Mayor Pro-Tem John Akin, Councilmembers Jim Swartz , Tom Pritzkau, Ortie Messenger , Marvin Blakey, and Bud Naish. Staff members present were City Manager John Pitstick, Code Enforcement Officer Roy Faires , Finance Director James Johnson , Assistant City Engineer Ron Homeyer , Public Works Superintendent Don White, and Secretary Candi White. Mayor Trimble was absent .p Mayor Pro-Tem John Akin called the meeting to order and Councilman Swartz gave the invocation . CONSIDER APPOINTMENTS TO PLANNING AND ZONING BOARD, LIBRARY BOARD, AND PARK BOARD. Councilman Naish made a motion to appoint Steve Wright to the Planning and Zoning Commission . The motion was seconded by Councilman Messenger. The vote was as follows : Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor, Councilman Pritzkau - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor, Councilman Naish - in favor . The motion carried with all in favor . Mayor Pro-Tem Akin made a motion to appoint David Orr to the Park Board. The motion was seconded by Councilman Blakey. The vote was as follows : Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor, Councilman Naish - in favor. The motion carried with all in favor . Councilman Messenger made a motion to appoint Cathy Upshaw to the Library Board. The motion was seconded by Mayor Pro- Tem Akin. The vote was as follows : Mayor Pro-Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor, Councilman Naish - in favor . The motion carried with all in favor . 01a63 CONSIDER APPROVAL OF REQUEST FROM O.W. HAMPTON TO PARK A TRAILER ON THE LOT ADJOINING THE OLD FIRE STATION ON BALLARD STREET FOR DONATIONS OF ALUMINUM CANS FOR "SAVE THE BATTLESHIP TEXAS" DRIVE. Mayor Pro-Tem Akin said that he appreciated Mr . Hampton , who was a former Mayor of Wylie, for the work he had been doing for the Battleship Texas . Mayor Pro-Tem Akin also explained that Alcoa would match what was gathered in aluminum cans . Councilman Swartz felt it was a great idea, but was unsure about the location being on the main street in town. Councilman Blakey said that the idea of locating there was to put it in front of the public. City Manager John Pitstick explained that Mr . Hampton was only requesting that the trailer be there until January 21 , 1989 . A motion was made by Councilman Blakey to approve Mr . Hampton ' s request to park a trailer on the lot adjoining the old fire station on Ballard Street for donations of aluminum cans for "Save the Battleship Texas" drive. The motion was seconded by Mayor Pro-Tem Akin. The vote was as follows : Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . Annette Naish, 512 Rustic Place addressed the council regarding a recycling program in Garland. She said she had talked with Mr . Ed Curran, who had a program for aluminum and paper recycling, in which all money is donated to the City of Garland Parks Department . Ms . Naish felt this was something the City of Wylie might be interested in. She told the Council that she had asked Mr . Curran to speak to the Council about his program, and he had agreed to attend the December 13 , 1988 Council meeting . PRESENTATION BY KEN FORD REGARDING 1984 TAXES AND PENALTIES FOR WESTERN AUTO. City Manager John Pitstick, explained to the Council that Mr . Ford had requested that this item be pulled until the next agenda, as he was going to be out of town . Councilman Naish made a motion to table this item. The motion was seconded by Councilman Messenger . The vote was as follows : Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor, Councilman Naish - in favor . The motion carried with all in favor . CONSIDER PETITION TO CITY COUNCIL FOR A PERMANENT POLLING PLACE WITHIN SOUTHFORK MOBILE HOME COMMUNITY. Mayor Pro-Tem Akin said that he felt this item was long overdue, and that Southfork needed a voting place that was accessible to the people. He also said that the Council might have to pass an ordinance for the polling place, or talk with Donna Strube with the County, or possibly the Commissioner ' s Court . City Manager John Pitstick explained that the Council would have to pass a formal ordinance to a set a city wide polling a©6e., place and then get formal approval from the Attorney General . He said that it needed to be done before the end of the year if Council chose to do so . Councilman Naish verified that the polling place would be only for precinct 25 , and felt that two judges and four clerks wouldn' t be necessary just for one precinct . Councilman Blakey asked Mr . Burge, with Southfork Mobile Home Park, if there was a location at Southfork for a polling place. Mr . Burge told him that the clubhouse could be used , and with several elderly people living in the Park, along with some people in wheelchairs , the clubhouse would be accessible. Mayor Pro- Tem Akin added that the council was trying to encourage people to vote, and felt the polling place was a good idea . Councilman Naish said he would like to see an ordinance by the next scheduled meeting . CONSIDER APPROVAL FOR NEW AND UNLISTED USE FOR FEED STORE WITH OUTSIDE SALES . City Manager , John Pitstick explained to the Council that the Planning and Zoning Commission recommended that a new and unlisted use be created in the B- 1 district under a specific use permit for outside sales of feed supplies . Mr . Pitstick said this would only create a category in the ordinance, and there would still be a need for a specific use permit and site plan and would still have to go before P&Z and Council for approve. Councilman Messenger made a motion to approval new and unlisted use for feed store with outside sales . Councilman Blakey seconded the motion. The vote was as follows: Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF FINAL PLAT LOT 3R, BLOCK 35 TRINITY POINT (LOCATED ON SH 78 AT BIRMINGHAM ST. ) . Assistant City Engineer , Ron Homeyer explained that this was the property where the land was being consolidated with the lane that the City abandoned on Calloway St . , and at the same time the right-of-way for Hwy 78 was being dedicated . Councilman Messenger said that he understood this piece of property was supposed to go P .U .D . , and asked what had happened. City Manager , John Pitstick explained that the P.U.D. required five acres or more, so the only way it could be considered for B-1 was to straighten up the plat by dedication of 18 ' off the front and abandoning 10 ' off the back. He also said that it had to go before the Zoning Board of Adjustments since it was under five acres. Councilman Messenger asked why it ever went P.U .D. when Council direction was to go B- 1 . Mrs . Chapman , with Chapman ' s Restaurant , told the Council that they were told if they went P.U.D. , it would be a quicker process . She said then they were told it couldn' t go P.U.D. because they didn ' t have five acres , and it ended up being a rather long process . Councilman Naish asked why the fee was waived in going to the Board of Adjustments . ao D City Manager John Pitstick, explained that because staff had misled the owner of the property in going P.U.D. , they were allowed to go to the Zoning Board of Adjustments without the charge of a fee. Councilman Messenger and Mayor Pro-Tem Akin felt very strongly that the waiver of a fee needed Council approval . A motion was made by Councilman Naish to approve the Final Plat, Lot 3R, Block 35 , Trinity Point . The motion was seconded by Councilman Swartz . The vote was as follows : Mayor Pro-Tem Akin - in favor, Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF REPLAT OF LOT 58 , POINTE NORTH ADDITION (LOCATED ON WEST BROWN ST. AT N. WINDING OAKS DR. ) . Assistant City Engineer , Ron Homeyer explained to Council that this was a replat on an existing B-1 zoned property on Brown St . He said the owner had a prospective buyer for a 130 foot wide strip, adjacent to the Birmingham Elementary School and they were trying to replat the property. Mr . Homeyer explained that the Planning and Zoning Commission had recommended the approval of the replat , but there were concerns regarding perimeter street fees , and P&Z suggested that Council allow the buyer to pay only the perimeter street fees on the 130 foot wide strip, and have the owner of the property enter into a contract to ensure payment of the remainder of the street fees when or if the property was subdivided further , or when a building permit was obtained for the property. City Manager John Pitstick, explained that the current perimeter street fee ordinance reads that when a piece of property is subdivided , the City is to collect full street fees . Councilman Naish felt that the ordinance would need to be amended to include this type arrangement , and also include that the street fees would also be due if the street was ever to be reconstructed . City Attorney, Rob Dillard , said that the ordinance would need to be amended first in order to contract with the developer , as there was no waiver provision in the current ordinance , and he was responsible for the full street fees . He said that it would be necessary for the ordinance to be amended before he would be allowed to pay the fees in any manner other than what the ordinance specified . Assistant City Engineer , Ron Homeyer explained that the amount of full perimeter street fees was close to $20 ,000 , but was just over $3 ,000 for the 130 foot lot . Councilman Naish made a motion to table the item, and to prepare an amended ordinance for the next Council meeting . Mr . Rick Klingbell , who was representing the owner of the property, asked the Council if there was any way to prevent tabling the item, as the sale of the property was supposed to take place the next week. City Attorney, Rob Dillard, said the Council could require the amount of the full perimeter street fees to be put in escrow, until the ordinance was amended , at which time a refund would be made on the difference in funds . Councilman Naish made a motion to approve the replat of Lot 58 , Pointe North Addition (located on West Brown St . at N . Winding Oaks) with the stipulation that full perimeter street fees be escrowed until the current ordinance was amended , at which time a refund would be made on the difference in funds. The motion was seconded by Mayor Pro- Tem Akin . The vote was as follows : Mayor Pro-Tem Akin - in favor, Councilman Swartz - against, Councilman Pritzkau - against , Councilman Messenger - in favor , Councilman Blakey - in favor, Councilman Naish - in favor . The motion carried with four in favor and two against . CONSIDER APPROVAL OF REQUEST OF SINGLETARY AND BECKHAM TO RELINQUISH EXTRA TERRITORIAL JURISDICTION ON 104 .67 ACRES LOCATED OUT OF THE SD TERRY SURVEY, ABSTRACT 890 IN COLLIN COUNTY, TEXAS (BRANCH PENINSULA) . City Manager John Pitstick, explained that this item had been presented to ...,, Planning and Zoning , who recommended denial , but since that time, Mr. Beckham had called and requested that the item be tabled, as he could not be present, due to laryngitis . Councilman Messenger made a motion to table this item. The motion was seconded by Councilman Blakey. The vote was as follows : Mayor Pro-Tem Akin - in favor, Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF REPLACEMENT OF MUNICIPAL COURT JUDGE. City Manager John Pitstick, recommended that Judge John Lemley be appointed as interim Judge until a permanent Municipal Judge was hired . Councilman Messenger made a motion to appoint Judge Lemley as interim Municipal Court Judge. The motion was seconded by Councilman Swartz . The vote was as follows : Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor, Councilman Naish - in favor. The motion carried with all in favor . CONDUCT SECOND PUBLIC HEARING ON ANNEXATIONS . Mayor Pro-Tem Akin opened the second public hearing on annexations and asked Mr . John F. Boles , 3900 First City Center , Dallas, Texas to address the Council . Mr . Boles said that if Annexation #1 was no longer to be considered , he didn' t feel the need to talk to the Council . City Manager John Pitstick, said that annexations #2 , #4 , and #5 were areas that staff was recommending annexing , and all were served by adequate water and sewer , with the exception of two pieces of property. Mr. Pitstick also told the Council that the City had received five petitions of property owners in the recommended area, who say they are against annexation . Ms . Catherine Frey approached the Council , speaking for herself and her sister , Ms . Foote. Ms. Frey told the Council that she felt they wanted the children in Wylie to have, not only smarts , but also to have hearts , and their surroundings give them those hearts . She said children need space, not only physical , but also visual . Ms . Frey said they need to see land as a source of food and light , and that food is not provided in boxes in grocery stores . She said that values would be sacrificed if urban development of farm land is permitted. Ms . Frey asked if the Council really wanted to put more people into small spaces . She felt that the Council was disregarding the fact that whole new restrictions would be put on her and her property, as ordinances impair agricultural processes . Ms . Frey said that the City of Wylie will have reproached on her rights if she was annexed , as jurisdictions set penalties without discussion . She said that productive farm land would be developed, which would cause injury, not benefit to the whole community. Ms . Frey continued, saying that all the injury was due to the need for added tax dollars for the City, and that money is an artificial symbol without value . She said that money in pocket does not generate wisdom. Mayor Pro-Tem Akin reminded Ms . Frey that time was limited to three to five minutes , as there were other citizens who wanted to speak. Ms . Frey apologized and said she was respectful of the Council ' s time, but did wish to continue her presentation . Ms . Frey continued to state her opposition to annexation . Councilman Messenger explained that Council ' s reason for annexation was not for tax purposes , but to fill in donut holes in the city, and that several of the properties were eligible to claim an ag exemption on their taxes . Councilman Swartz explained to Ms . Frey that there was a farm on Parker Rd . in the City of Plano , that was still a working farm, and would continue to be used as farm land. A066 Ms . Cecelia Wood told the Council that the tract of land she was concerned about was no longer being considered for annexation, but she had been told that if the owner of a property zoned ag, sold part of the property, that the buyer would have to pay back taxes . Ms . Catherine Hummel , told the Council that she was representing herself and her father, Nolan Eubanks , and their main concern was not only taxes , but that she also thought her street would probably be reconstructed in the future and they would be assessed for that also . Ms . Catherine Frey asked if she would be excused from assessment of the street in front of her property. Mayor Pro-Tem Akin told her that she would not , as the street reconstruction would enhance her property. Councilman Swartz told her also, that if her property was on the outskirts of town and the City extended the street past her house would be different than having to extend the street in front of her house to get to other citizens in Wylie . He said if they had to pay for the street , everyone should have to pay. CONSIDER APPROVAL OF AN ORDINANCE RAISING THE TAX CERTIFICATION SEARCH FEE FROM $4 .00 TO $10 .00 . Finance Director James Johnson, explained that the state now allows .. cities to charge up to $10 .00 fee for issuing tax certificates , and the approval of the ordinance would raise the current fee from $4 .00 to $10 .00 . Councilman Swartz made a motion to approve an ordinance raising the tax certification search fee from $4 .00 to $10 .00 . Councilman Pritzkau seconded the motion . The vote was as follows : Mayor Pro-Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, Councilman Nasih - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF BID FOR THE CAPPING OF OLD WATER WELL (LOCATED BEHIND THE POLICE STATION ON BALLARD) . City Manager, John Pitstick told the Council that the City would either have to fix the well where it would pump, or cap it . He also said that the problem with fixing it was that the pipe shaft was deteriorated . Finance Director , James Johnson said that he had the well inspected , and the inspector felt the pump needed to be taken off and the well capped, as the inside was in such a state that it would be unsafe. Councilman Blakey asked what the diameter of the shaft was . Councilman Pritzkau said it was 8" at the top, 10" inches fourteen feet down, and 12 " one hundred feet down. Mayor Pro-Tem Akin asked Mr . Johnson to look in the past minutes to find out how deep the well was , in order to �* determine if a small motor would get it working . as 6/41 Councilman Pritzkau asked about the possibility of making a historical monument of the well . City Manager, John Pitstick explained that he had checked on that possibility, and found that it must be over 100 years old and must be a permanent structure . Councilman Pritzkau asked about using a temporary cap, rather than a concrete plug. Mr . Pitstick said as long as it would meet state standards it could be done , but the state' s main concern was water contamination, and that because the well had not been operated since 1950 , it was badly rusted . Councilman Blakey made a motion to approve the bid for the capping of old water well . The motion was seconded by Councilman Pritzkau. The vote was as follows : Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor, Councilman Naish - against . The motion carried with five in favor and one against . CONSIDER APPROVAL FOR STAFF TO SEEK BIDS FOR EMPLOYEE UNIFORM AND RELATED SERVICES CONTRACT. Finance Director , James Johnson explained that the current services contract was with ARA Services . He said the contract was originally awarded to Serisco, but ARA bought them out . Mr . Johnson said the City spends $16 ,000 - $18,000 range annually for uniform services and that services were added this year , due to the jail . A motion was made by Councilman Messenger to approve for staff to seek bids for employee uniform and related services contract . The motion was seconded by Councilman Naish. The vote was as follows : Mayor Pro-Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF 1988 STREET RECONSTRUCTION PROGRAM CHANGE ORDER NO. 2 . Assistant City Engineer Ron Homeyer , told the Council that the original estimate for the sewer line on Birmingham St . was $15 , 000 . He said that since they couldn ' t camera part of the line, and didn ' t know if it needed to be replaced, it was decided to go ahead and get the change order approved as if the line did need to be replaced. Mr . Homeyer explained that it could be changed if it was found that the line didn ' t need to be replaced once construction started . Councilman Pritzkau felt that trench safety should be figured into the whole picture, instead of a rear end kind of cost . Mr . Homeyer said that state law was passed by the senate in September 1987 , that it has to be figured individually. Councilman Pritzkau also asked that the 6" pvc be subject to inspection by the City Engineer or by Cummings and Pewitt , rather than giving them an open change order, because with the change order they have permission to change that line whether it is good or bad . Mr . Homeyer "^ said it would still have to be approved for payment by Council . A motion was made by Councilman Pritzkau to approve 1988 street reconstruction program change order #2 . The motion was seconded by Councilman Messenger . The vote was as follows: Mayor Pro-Tem Akin - in favor, Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CITIZEN PARTICIPATION. There was no citizen participation . COUNCIL DISCUSSION. Councilman Naish asked Finance Director , James Johnson if the City had any contact on the E911 . Mr . Johnson said yes , and thanked Mr . Naish for his help in the matter . He said that Mr . Cowman , with GTE, called and told him that the City had been overcharged for the E911 , as the rate charged to customers was supposed to break even with the bill to the City. Councilman Naish also told Mr . Johnson he would like an October revenue and expense report . Councilman Naish asked where the City was on 1983 , 1984 , and 1985 past due taxes . Mr . Johnson said they would be going to court before much longer , and there were 40 active lawsuits on outstanding taxes and demand letters would be going out in December for 1987 taxes . Mayor Pro-Tem Akin asked what the bottom line figure was on taxes owed. Mr . Johnson said it was over $130 ,000 . Councilman Naish also commented that the Council inquiries were still open from the last meeting . Councilman Blakey asked what had happened with the Commissioner ' s Court on Sanden Boulevard . Assistant City Engineer, Ron Homeyer said that it was approved, they would be seeking bids through the end of December , and would probably award the bids in mid January. He said they also approved to transfer funds from Springcreek Parkway. Councilman Messenger said that on Hwy 78 there was a school zone with flashing lights , and when turning off of Jackson & Birmingham Streets, it was very confusing where the school zone ends . Assistant City Engineer , Ron Homeyer said proper signing would have to be worked through the highway department . Councilman Messenger said he was pleased to hear that a new Library Director had been hired , as he had heard good things about her . He also said that since there were two people in the library now, he would like to see the library hours adds' extended . City Manager , John Pitstick said that the Library Director had already said the library needs to be open on Saturdays . Councilman Messenger asked if there was any further news on the library vandalism. There was none. Councilman Messenger asked if the City had gotten a reply from either Mr . St . John, Mr . Tibbals , or Mr . Spence, to the letter sent to them regarding reimbursement for the easement in Oaks and Rushcreek Subdivisions . City Manager John Pitstick, said that Mr . St . John had called him and said he was under the impression from Mr . Santry, former City Engineer , that it was the City' s responsibility to obtain the easement . Councilman Pritzkau asked if there was any written documentation on obtaining the easement . Mr . Homeyer said there was a letter in the file from Mr . Santry to Mr . St . John , in which Mr . Santry told Mr . St . John and Mr . Tibbals they needed to obtain the easement . City Attorney, Rob Dillard said the statute of limitations on filing a suit in this case was four years , but that the City had used and maintained the sewer line for two years , and therefore, was accepted . Councilman Messenger also said he was concerned about the letter the Mayor had sent to Bill Wright , representative of the postal service, regarding location of the Post Office in Wylie. He said the Mayor did not have the consent of the Council to act for the Council when recommending a location to Mr . Wright . Councilman Messenger said he called Mr . Wright and told him that it was not the consensus of the Council that the Post Office should be located on Hwy 78 . Councilman Pritzkau was concerned that public works had missed a lot of alleys in the Pointe North Addition when crack sealing , and that they had not used the seal in a proper manner , as they used it in wet weather . Public Works Superintendent , Don White said he would keep better track of crack sealing in the future . Councilman Pritzkau asked about the letter from the Fire Chief in Plano regarding the fire inspector . City Manager , John Pitstick said he did not get permission from the Fire Chief of Plano to use Randy Slack as fire inspector, but that Mr . Slack was going to join the volunteer department . Councilman Pritzkau told Assistant City Engineer, Ron Homeyer that renumbering every house on Gaston St . would cause problems , as several people would have a completely new address . Mr . Homeyer said he hadn ' t thought of that , and would work on another means of eliminating the problem. CR06k Councilman Pritzkau commented on hiring a Police Chief , saying he didn' t think it was a good idea to have a board made of Police Chiefs for interviewing , but instead , should have a board made of citizens . Cecelia Wood approached the Council with much concern regarding that idea , and explained that she had been on a citizen' s board before, and felt that whatever recommendation the board made, the Council would still do what they wanted to do. City Manager, John Pitstick explained that he would not rely on other Chiefs to make a decision for him, but felt they could help narrow it down, as they would ' ow more specific questions to ask when interviewing. Counctfkan Messenger felt that maybe the applications should be narrowed down to 10 , and the City Manager and Council should interveiw all 10 together . Councilman Swartz felt there might be an area in which other Chiefs could use their expertise, where Council was not qualified . Councilman Blakey said it needed to be made clear that the board only makes recommendations , and the final decision would be made by the City Manager . Councilman Pritzkau asked what the equipment costs were for on the public works work orders . Finance Director , James Johnson said the costs helped with financial control . Councilman Naish asked why the costs were being used for equipment that the City owned. Mr . Johnson said it was to show value of services rendered . Councilman Pritzkau questioned the fact that there were no material costs . Public Works Superintendent , Don White explained that it was due to the fact that the warehouse was not computerized . Councilman Pritzkau told Assistant City Engineer , Ron Homeyer that he would like to see the records showing the test results on the subdivisions that had been built in the last four years . Mr . Homeyer said he had very good records for the last three years , but wasn' t sure about the records before that time. Councilman Pritzkau said he was very concerned about the Twin Lakes Subdivision and asked Mr . Homeyer to get those results from the lab, as he had heard that the PSI was not high enough. Councilman Swartz said that since building had stopped in Wylie and a lot of properties had been foreclosed on , weeds were two to three ft `high, and the City needed to keep enforcing the weed ordinance. Councilman Swartz said that Birmingham Street was a mess , and that one condition with XIT was that they would keep the street passable during construction, and wanted to know what had caused the delay. Assistant City Engineer, Ron Homeyer explained that the delay was due mostly to Lone Star Gas . Councilman Pritzkau asked if they were on a calendar day "W contract . Mr . Homeyer said it was a 200 day contract , but the days they were unable to work due to the gas company would be deducted . Mr . Homeyer said they should be finished a0 6 4- with the underground water lines soon . Councilman Swartz said he would like to see a newsletter in the water bills, apologizing to the citizens and explaining to them what was going on with Birmingham St . Councilman Swartz said he understood there was a problem with the hospital regarding Brookshire' s locating in Wylie, and would like the Council to pass a resolution in which they were supporting Brookshire' s . Mayor Pro-Tem Akin asked for a report on where and what time of day accidents were occurring on Hwy 78 , to see if something could be done to prevent some of those accidents . Mayor Pro-Tem Akin asked if the McCreary Rd . situation was still on hold, as something needed to be done to resolve the situation. Assistant City Engineer, Ron Homeyer said that Mr . Holigan , developer of Southfork Mobile Home Park, said he and the property owners agreed to build the road , and the City was to pay for the crossing . Mr . Homeyer said the County was in the process of closing some of the crossings . He also said that the existing farm crossing was used , and they did not have permission from the City nor the railroad to construct the crossing . Mr . Homeyer said the agreement was to put in a permanent crossing , but the question was who was going to pay for it . Councilman Messenger suggested trying to get some of the Springcreek Parkway money to pay for it . There being no other business , a motion was made to adjourn with all in favor . hn Akin, ayor Pro-Tem ATTEST: / /,. �\\\\\\\"1111tllflls Ir rr1 \ &If ( fith • Candi White, Secretary le() :: ) ,�//`J,,+r,`t,'i1111lIEII., i�t1111100r�\\````p