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02-23-1989 (City Council) Minutes 267 CALLED CITY COUNCIL MEETING - MINUTES FEBRUARY 23, 1989 The City of Wylie City Council met in a called session on Thursday, February 23 , 1989 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 (arrived late) Mayor Pro Tem John Akin , Council Members Jim Swartz , Bud Naish, Ortie Messenger, Marvin Blakey, and Tom Pritzkau, City Secretary Carolyn Jones , Assist . City Engineer Ron Homeyer, Ruben Delgado and Jerry Hoagland from Collin County. Mayor Pro Tem John Akin called the meeting to order and Councilman Swartz gave the invocation. DISCUSSION OF B. C. WOOD ESTATE DRAINAGE EASEMENT FOR SANDEN BLVD. : Mr . Homeyer said this easement was given to him and Mr . Johnson on Monday. The representatives of the B. C. Wood Estate are requesting $4,000 . for loss of trees along the creek bed . The easement will be granted from the B. C. Wood Estates if the following terms and conditions are honored: 1 . The easement shall cease two (2) years from the date hereof . 2 . Bermuda grass will be re-established in all disturbed areas. 3 . If erosion continues in creek channel, rip-rap will be installed. 4 . The present creek channel will be filled with black clay soil and compacted to present grade. 5. A four-strand barbed wire fence will be installed around construction area to prevent livestock from escaping. 6 . Upon completion, a new fence of seven-strand barbed wire, 12 gauge American steel , with six foot tie posts, eight feet apart, together with a water gap across the creek channel with a triple brace, eight inch top posts, set five feet deep and six feet apart will be installed. Mr . Homeyer stated he is not in agreement with all of these conditions. They want a temporary easement and if they lease the property and the new owners use it for grazing 268 then over grazing could happen, then there could be an erosion problem and the City would not have any recourse. Mr. Homeyer also stated that the creek channel has two curves in it, we did not design for rip-rap as we feel there will be no need the way the channel is designed. Mayor Pro Tem Akin wanted to know if item six was the same type of fence that was up now. Mr. Homeyer said no, it is a better fence than what they have now. Mr . Homeyer said this should be a permanent easement for the City. We can offer more money and let them put up their own fence but make it a permanent easement. Mr . Scholz said this property already has seven permanent easements and the temporary fence can stay for the two years . Mayor Pro Tem Akin asked why not one more easement, want Sanden Blvd . add to the value of your property like FM 544 did . Councilman Pritzkau wanted to know how large the property was . Mr . Scholz said a little over 200 acres . Mayor Pro Tem Akin asked if the others paid anything for the easements going across the property. Mr . Scholz said they paid a little but taxes have eaten it up. Mayor Pro Tem Akin wanted to know if the Council offered more money could they have a permanent easement. Mr . Scholz said no permanent easement . Mayor Trimble wanted to know what size easement we were talking about . Mr . Homeyer said approximately three (3) acres. Mayor Trimble wanted to know if anyone could build on it. Mr . Scholz said no, it is all flood plain area. Mayor Pro Tem Akin said Sanden Blvd. is going to add to the value of your property, I cannot understand your not wanting to give a permanent easement. Mr . Scholz said he was against a permanent easement. Mayor Trimble asked Ruben Delgado if he had ever run into this before. Mr . Delgado said not exactly, but over easements, we either come to an agreement or went to court or condemned the property. Mayor Trimble wanted to know if given more than two (2) years for an easement would help. Mr . Homeyer said Mr. Scholz ' s attorney has told him no longer than two (2 ) years, or it is considered a permanent easement . Mr . Homeyer said after two (2) years get a smaller easement as a permanent easement . Mr . Scholz said he could not say right now if he would be in agreement. �.,, 269 Mayor Trimble asked Mr. Don White if the Public Works Crews could put up the fence cheaper. Mr . White said he would not know until he checked into it. Mayor Pro Tem Akin said Mr . Scholz is waiting for information from the others before he can give us a decision, maybe we should table for a while. B. C. WOOD ESTATE DRAINAGE EASEMENT FOR SANDEN BLVD . : Motion was made by Mayor Pro Tem Akin to table this item. Seconded by Councilman Naish. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor and Councilman Naish - in favor. This motion carried with all in favor . DISCUSSION OF 1983 COLLIN COUNTY BOND FUNDS DESIGNATED FOR THE CITY OF WYLIE: Mr . Delgado went over what had happen in over the last few months: Nov. 10 , 1988 Commissioners Court approves City of Wylie' s request to reallocate funds from Plano Pkwy ($747 ,500) and S. H. 78 ($100 ,000) to Sanden Blvd. Resolution 87-10-27-83- 1 . Feb. , 1988 Maggiore & Caffey & Morrison employed to prepare engineering plans for Sanden Blvd. April 4 , 1988 letter to City manager John Pitstick showing various Sanden Blvd. alignments April 13 , 1988 City approves Sanden Blvd alignment - - approval of alignment included probable cost estimates for various alignments for a 6 lane divided road - - alignment E a combination of Alignments B & D - - Alignment B - $2 .08 MM and Alignment D - $2 .07 MM October 11, 1988 Ruben Delgado presentation to City Council on status of Sanden Blvd. and Spring Creek Pkwy. Based on estimates by Maggiore & Assoc. , 3 lane roadway with bridge @ $1 .2 MM cost is decided to be advertised for bids Oct . 11, 1988 Council considered funding allocation for Sanden Blvd. and Spring Creek Parkway Council delays action until bids received Nov. 21, 1988 Collin County advertises for bids Dec. 8, 1988 Bids are received Jan. 30 , 1989 County awards bid to L. H. Lacy Construction contingent on City of Wylie agreeing to supplement deficit from Spring Creek Pkwy. 270 Feb. 8 , 1989 Bid obligation by contractor expired Contractor has verbally agreed to a time extension To-date: Easement from Ida Pearl Scholz not acquired. Mr . Delgado said there is a short fall of approximately $150,000 for this project to be completed . Councilman Messenger said in October , we did not talk about Spring Creek Parkway, now we would like to see if this money could be discussed. Mr . Delgado ask Council to let him go over the figures for Spring Creek. Mr . Delgado gave the four alignments for Spring Creek Parkway and their cost. Mr . Clarence Daughtery from Collin County Public Works said the policy from the Court is, in 1983 when bonds were approved, it was a lump sum so the Court could move funds as needed, however, there was a definite list and the Court made it clear that this list would be honored. Court has moved monies upon request by Councils but only when there was proof the Council would see that these roads were completed in some other way. Councilman Naish said since the 1988 bond funding failed , -sewn the Council should move the money for Sanden Blvd. back to Highway 78 widening . Mr . Daughtery said the prospective for the projects in the bond program came from the citizens just like in this last bond issue. There was much discussion over the money being moved from Spring Creek to Brown St. or some other major thoroughfare. Mr. Jerry Hoagland told the Council that a lot of time has been spent on these projects and the City needed to decide on building the roads. Mr. Hoagland said he was afraid that the City was going to loose the money if they did not begin work on the roads . We cannot keep moving the money from one project to another. Look at the length of time spent on Sanden and no road yet. If we start another project, it will take this long to get this far again. Mr . Hoagland said on the Sanden project, the contract has expired. Mayor Pro Tem Akin said I thought you had an extension. Mr . Hoagland said verbal not written. Mr. Hoagland said $150,000 from Spring Creek Parkway to Sanden Blvd. will leave $930 ,00 for Spring Creek Parkway and I believe we can get part of it done. APPROVAL OF RESOLUTION AUTHORIZING THE REALLOCATION OF THE COLLIN COUNTY BOND FUNDS : Motion was made by Mayor Pro Tem Akin to move $150,000 from Spring Creek Parkway to Sanden -- Blvd. project. Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor , Councilman Pritzkau 271 - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor , and Councilman Naish - in favor. This motion carried with all in favor . Mr. Hoagland said he would ask the Commissioners Court to move some of this $930,00 but I do not recommend it, I am afraid you will loose it all , Council needs to let me know what to do. There being no other items for discussion, a tion was made to adjourn with all in favor . ``` ten®srnirr�A,q��o������i Chu T , Mayor SEAL ATTEST : Carolyn/Qv s, C Secretary r-•