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03-14-1989 (City Council) Minutes 281 CITY COUNCIL MEETING MINUTES MARCH 14, 1989 The City of Wylie City Council met in regular session on Tuesday, March 14 , 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, Mayor Pro Tem John Akin , Council Members Bud Naish, Ortie Messenger, Jim Swartz , Tom Pritzkau and Marvin Blakey, City Secretary Carolyn Jones , Finance Director James Johnson, Chief of Police James Gilmore, Code Enforcement Officer Roy Faires, Public Works Superintendent Don White and Assist. City Engineer Ron Homeyer . Mayor Trimble called the meeting to order and Mayor Pro Tem Akin gave the invocation. APPROVAL OF THE MINUTES FOR FEBRUARY 23RD AND 28TH COUNCIL MEETINGS: Councilman Swartz felt it necessary to add all comments of the February 23rd meeting and requested that these minutes be resubmitted later . The minutes for February 28th were corrected to include the question Councilman Naish asked about the easement for the widening of Highway 78 on the preliminary and final plat for Wylie Shopping Village. Mr . Homeyer said this easement was there. There being no other corrections or additions, a motion was made by Mayor Pro Tem Akin to approve the minutes of the February 28th meeting with the above correction. Seconded by Councilman Naish. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - 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 . APPOINTMENT OF ELECTION JUDGES FOR BOTH POLLING PLACES: This appointment will be for two years . There is one corrections to the list of names given, Mary Lou Spingola is not eligible to be a judge or clerk as she is a sister-in- law to one of the Councilman. Staff would recommend moving Bart Peddicord to Judge and Esther Davis to Alternate Judge for these precincts . With that correction, the following recommendation comes to Council : Precincts 27, 56 , & 83 - Judge - Bart Peddicord and Alternate Judge - Esther Davis, Precinct 25, Judge - Gilbert Welch and Alternate Judge - Lynn White. 282 Motion was made by Mayor Pro Tem Akin to approve the recommendation from staff for Election Judges and Alternate Judges as listed above. 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. APPOINTMENT TO PARK AND RECREATION BOARD: This appointment will be the replacement for Mr . Jim Ferguson, as Council moved Mr . Ferguson to the Planning and Zoning Board. This term will not expire until July 1990 . Mayor Pro Tem Akin said he feels we have done a very poor job of placing members on these boards. City Manager is to put a department head and secretary from staff on each board and this cost money and time. Then there is no quorum for a meeting . Councilman Messenger stated that Bill Burge was interested in serving on one of the boards. Motion was made by Councilman Blakey to appoint Bill Burge to the Park and Recreation Board. Seconded by Councilman Swartz . 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. PRESENTATION OF PLAQUES TO DR. RON PILKINGTON AND STEVE HOUSER: The plaque to Dr . Ron Pilkington was for the donation of a tree to the Wylie Community Park, and the plaque for Steve Houser is for the time and equipment used in transplanting the tree to the Wylie Community Park. Mayor Trimble presented the two plaques and stated his appreciation for all the work that was done. Mayor Pro Tem Akin thanked these people for what they have done. Dr. Pilkington and Mr . Houser thanked the Council for the plaques . RECOMMENDATION FROM PARK AND RECREATION BOARD FOR WSA TO HAVE A FUND RAISER CARNIVAL AT THE COMMUNITY PARK ON THOMAS STREET: Mrs . Oveta Vardell thanked the Council for letting her make the presentation. WSA would like to have a fund raiser , it will be all games (no motorized vehicles will be involved) , such as baseball and football throw, golf, etc. WSA feels the need for a fund raiser to apply the funds to the soccer and baseball fields for the youth of Wylie. All proceeds will go the maintenance in the Park. WSA and myself would like the support of the Council . Councilman Messenger said he would like to add that he has been at the WSA meetings and Oveta has done a lot of work on this project. Oveta said there was a conflict with the date of April 22nd, as the school has already made arrangements for activities that day. Tomorrow night, WSA will meet and we 283 will decide on an alternate date, which will probably beApril 29th with a rain date of May 6th. I will contact the City staff if we have to move the date to April 29th. Motion was made by Mayor Pro Tem Akin to approve the fund raiser for WSA to be held in the Wylie Community Park. Seconded by Councilman Messenger . 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. APPROVAL OF AN ORDINANCE PROVIDING FOR THE IMPOUNDMENT OF ABANDONED PROPERTY, PROVIDING AUTHORITY TO SEE ABANDONED PROPERTY AT PUBLIC AUCTION, PROVIDING FOR NOTICE, PROVIDING FOR THE DISPOSITION OF PROCEEDS, PROVIDING FOR THE DISPOSAL OF WORTHLESS PROPERTY, PROVIDING EXCEPTIONS, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE: Mr . James Johnson, Finance Director, said he asked the City Attorney to draw up this ordinance for the ever increasing items we are having to keep in storage . Many times items are left on the side of the highway or on property and never are collected by their owners . Councilman Naish said what happens if the owner tries to claim it after 20 days . City Attorney, Rob Dillard said if it is claimed prior to the auction, then it will go to the owner, otherwise it goes to the purchaser at the auction. Councilman Naish wanted to know if this could be added to the ordinance. Councilman Swartz said once it is posted you can dispose of it anyway you want. Motion was made by Mayor Pro Tem Akin to approve the ordinance providing for the impoundment of abandoned property , providing authority to see abandoned property at Public Auction, providing for notice, providing for the disposition of proceeds, providing for the disposal of worthless property, providing exceptions, providing a severability clause and providing an effective date. Seconded by Councilman Swartz . 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 . APPROVAL OF A RESOLUTION ESTABLISHING A HISTORICAL HERITAGE COMMITTEE FOR THE CITY OF WYLIE: Mayor Pro Tem Akin said this is the second go around, the first in 1981 . This time citizens have asked about this and staff has acquired information from the State and this Resolution will be filed with them. Mayor read the Resolution for the citizens that were present. Councilman Messenger said he understands that some people live outside the City Limits want to be a art of this committee, they can not serve on the committee but can have input to the committee. Councilman Naish wanted to know if this first term could three members serve three 284 years and two members serve two years and then there would not be a complete change over every two years . Mayor Pro Tem Akin said this comes from the Texas Historical Commission. Councilman Messenger suggested that John Spillyards and Ellen Smith be placed on this committee. Mayor Pro Tem Akin said he would like to ask that Agnes Burns Dempsey and Beverly Fulkerson serve as Ex-officio Advisory Members . Motion was made by Councilman Messenger to approve the Resolution establishing the Historical Heritage Committee for the City of Wylie. 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 - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor. Motion was made by Mayor Pro Tem Akin to appoint John Spillyards and Ellen Smith as members on the Historical Committee and Agnes Burns Dempsey and Beverly Fulkerson as Ex-officio members. 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. APPROVAL OF AN ORDINANCE RE-NAMING EAST GASTON DRIVE AND NORTH GASTON DRIVE TO HAMPTON DRIVE AND MARSHALL DRIVE: Mayor Pro Tem Akin stated that he has had a lot of complaints and was told the citizens on these streets would be here with a petition against the re-naming of these streets. Mayor Pro Tem Akin also sat he was hoping these citizens would be here and we could tell them what ever was worked out, we as a Council would support it. Councilman Pritzkau said he lives on E. Gaston, this is a cul-de-sac and he has people turning around in his yard, and I feel the City should take care of the fees for changing the street names. Mayor Trimble wanted to know if someone had researched what it would cost to do this . Councilman Pritzkau said he did not have full documentation. Mayor Trimble said we have come up with this before when we have had to change things and the question of homestead is not affected by this, the location of the street stays the same, it is just the change of numbers. Mayor Pro Tem Akin said there were 18 houses on E. Gaston and 35 on N. Gaston. There are two (2) 500 blocks and 400 blocks. 285 Councilman Naish stated that he realized it goes against map grid that we go and change numbers on East to begin with 600 and drop North and call it Gaston Drive. Mr . Raymond McSpadden of 512 E. Gaston said we moved here 1 1/2 years ago and we want to retire here and are happy with East and North Gaston and with our number . I would have to notify my home mortgage , tax records for County, School, and City, IRS, Social Security, utility companies, credit cards insurance companies and family and friends, bank records, church records and the post office. This comes to a total of 167 people. I would like to leave Gaston Dr . as the street name and change only the ones with duplicate numbers. Mayor Trimble said the post office has some free change of address cards . Councilman Pritzkau said the post office will have both addresses and you will still get your mail . Marcia Minnella of 410 Gaston Drive will pass from speaking as she feels Mr . McSpadden has said what needs to be said. Mark Emard 508 E. Gaston said I currently have a petition and it has 51 names on it. There are nine duplicate numbers . We just want to stop the changing to Marshall and Hampton. I work in Plano and the numbers for South-North are even and East-West are odd numbers. I feel like the main objection is we found out by the paper it had been approved and later receive a letter from the staff that it would be on this agenda . Mayor Pro Tem Akin said the council wants to work with everyone. David Taylor of 515 E. Gaston stated that he thinks everything has been said, I would like the City to reimburse us for the cost of changing the address on property titles. Change the name with no stop sign would still be confusing. Councilman Naish said he would be happy to serve on a committee with these residents and see what can be worked out. This has been talked about for the past 1 1/2 years and we should get something done. Steven Ahrens 409 Gaston said he has put together a plat of this area. There are eight duplicate numbers who ever did the plat did it incorrectly. Motion was made by Councilman Messenger to form a committee with Councilman Naish and see what can be worked out on this problem. Seconded by Councilman Swartz . 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 286 - in favor, and Councilman Naish - in favor. This motion carried with all in favor . APPROVAL OF A RESOLUTION SUPPORTING AN AMENDMENT TO THE CONTRACT WITH LIFELINE AMBULANCE FOR PROVISION OF ADVANCED LIFE SUPPORT AMBULANCE SERVICES: Mr . James Johnson, Finance Director, stated that Rob Dillard and Mayor Pro Tem Akin and himself have been working on this for approximately one month. There are some changes from the original contract . Mr . Norman of Lifeline Ambulance Service is in agreement with these changes. Councilman Naish wanted to know about the liability. Mr . Johnson said the existing liability stays the same, the ambulance committee is working on new specs and this is being addressed. Mayor Pro Tem Akin wanted to know if it is a stand by agreement until we hear from the committee. Mayor Trimble wanted to know if this takes care of us for right now. Mr. Johnson said it resolves some of the problems, the ARP, when it comes forward will complete everything that needs to be addressed . Mr . Johnson also stated that Mr . Adams Weems is no longer with Lifeline. Mayor Pro Tem Akin said Mr. Norman has been working and his employees are foregoing their salaries trying to keep this going and working. Mr . Johnson also stated that the lease of the old police station is also included in this amendment. Mayor Pro Tem Akin also stated that the State Health Inspector was out and Lifeline passed the inspection for their license for this service. Motion was made by Mayor Pro Tem Akin to approve the Resolution supporting the amendment to the contract with Lifeline Ambulance Service. 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 . APPROVAL OF THE AMENDED CONTRACT WITH LIFELINE AMBULANCE SERVICE PROVIDING FOR AMBULANCE SERVICE WITHIN THE CITY OF WYLIE: Motion was made by Councilman Swartz to approve the amended contract with Lifeline Ambulance Service. Seconded by Councilman Pritzkau. 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 - 287 in favor , and Councilman Naish - in favor . This motion carried with all in favor . APPROVAL OF REQUEST FROM CHRIST COMMUNITY CHURCH TO HIRE THE USE OF THE BOMAG AND OPERATOR TO BREAK UP AN ASPHALT DRIVE WAY: Mayor Pro Tem Akin said he received a letter from the pastor of the church requesting the use of the Bomag for breaking up approximately 400 feet of asphalt. The Council has never allowed equipment to go outside the city limits and also I wondered what affect it would have on the people in private business that does this type of work. Councilman Naish said he is concerned about the liability. Pastor Small said the only reason for the request was because of our work with the Ministerial Alliance and community work. Mayor Pro Tem Akin said he has a problem with setting a precedence about going outside the city limits . Councilman Blakey said recall the initial purchase of the Bomag was to possible coordinate with other cities using this equipment to be able to help pay for this. Mayor Pro Tem Akin said other cities is right . Councilman Messenger wanted to know about the liability on the machine and on the City. Rob Dillard, City Attorney, said your insurance would not cover the equipment. With another City , you could have an interlocal agreement and be covered . You will have to allow anyone/everyone to use it if you allow this party to use it. If you allow them to use it, you would have to charge for the manpower and use of equipment . Councilman Messenger said as much as he would like to, he feels we cannot with the insurance and liability. Mayor Trimble said this should go on record as not renting out the Bomag. APPROVAL OF THE PERIMETER STREET FEES TO BE WAIVED FOR WYLIE SHOPPING VILLAGE: Mr . Ron Homeyer, Assist. Engineer, said after the last meeting I was asked about the fees. These were to be waived due to the easement for R-O-W for Highway 78 widening . This was not done by Council vote and was only a hand written note to me. Mayor Pro Tem Akin said I think it is good but it was not handled right. Mayor Pro Tem Akin made a motion to waive the perimeter street fees for Wylie Shopping Village. Dwight Scott said he wanted to cooperate with the City on a new major business coming into Wylie. We did this plat with the understanding these fees would be waived and Brookshires 288 is ready to close but will not pay the perimeter street fees. -. Mayor Trimble said the City has to pay for R-O-W to widen Highway 78 and if they are donating it then we should work with them. Mayor Pro Tem Akin said I tried about seven years to get the new City Hall on this property. Councilman Swartz said it still comes down as a surprise and we are tired of these surprises. The motion made earlier by Mayor Pro Tem Akin to approve the perimeter street fees be waived was seconded by Councilman Pritzkau. 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. CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing to speak to the Council to come forward at this time and state their name and address for the records . Mayor Trimble also requested they keep their comments to within two minutes. Mr . George Fournier of 249 Sue Ellen Ave. stated I am a citizen of Wylie. I moved here three years ago, and I am here because of the road at Southfork. We are not second rate citizens, we pay the same taxes that everyone else pays. I drive a school bus and there are a lot of problems on this road. Today, the bus was bringing home the kids and hit a whole, blew out a tire and hit a curb and blew out a second tire. I do not care who the road belongs to but I care about the safety of the children. Is there a state or federal law that says that any road that a school bus travels is to be maintained by the City and County. I am concerned about this road, but all this bickering and fighting is wrong and does not solve the problem. If you want to fight, I will get the City and Mr. Holigan together and let you have at it. If this happened to this school bus, I hope the Council makes it their business to find out who needs to maintain this road . Mayor Pro Tem Akin said he has written several letters to Mr . Holigan and he has not answered or responded in any way. Mr . Fournier said the police write tickets on this road for speeding , the road must belong to the City. Councilman Blakey said the road is in the city limits. Mr. Fournier said then it is a city road . Councilman Blakey 289 said we are trying to locate documentation to show who is responsible for this road . Mayor Pro Tem Akin said the City of St. Paul has just now started having to repair their roads . All these years the County has maintained the roads. I have been out there three times not knowing that it was a county road and fixed the road . I have spent over $6,000 . trying to patch this road and help the citizens of Southfork. Mr. Fournier said the confusion is not knowing if it is in the city yet the police can write tickets on it . Councilman Naish said that the County Commissioner, Mr . Jerry Hoagland said he would not spend another dime on this road . It is my understanding in going back into the history of this road that there was a bridge that was washed out and this was to be a temporary road for six months until they could get the railroad crossing approved and the developer and other property owners would build a concrete road all the way from Southfork to FM 544 . The Council is trying to figure out how to get the road fixed, I have been down the road several times and it is in bad shape. Mr . Ron Homeyer, Assist. City Engineer, said in Oct . 1986 , the City Manager, Jerry Hoagland and Harold Holigan and Mr . Santry had a meeting about the roads around Southfork. County was closing the bridge toward Murphy and the bridge on Mcmillan Road had washed out. This was to be a temporary road until the railroad crossing was approved and then it would be rebuilt . The City has never had a written policy nor has the road been dedicated. Mayor Trimble said it is not a question of who owns the road, it is a question of who has committed to reconstruction of the road. We believe that committed was made by Mr. Holigan, because the purpose of the road was for the people at Southfork Mobile Home Park. Councilman Swartz said if it was a matter of just money , we would fix all the streets, but we do not have any money. All the roads are an embarrassment , and we are trying to get them fixed . Judy Kernahan of 21 Lucy Lane said I am up set about the road condition. My family will not come to visit me because of the road conditions. It does not matter who owns the road, lets get it fixed. I do not want to call my congressman or go higher up, but I may have to do that . Mayor Trimble said it probably would not hurt to call your congressman. 290 Wallace Cargill of 21 Lucy Lane said you are putting to much on if . We heard this was a good place to live, yet all I here is worming out of your duty. What happens when someone is killed on this road. Robert Jackson of 359 Bobbie Ave. said who is going to pay for front end alignments . Patricia Stemple of 168 Christopher Crossing said I believe the others have covered this problem. Some of those kids could have been killed, the road has to be fixed . Councilman Swartz said the road is terrible, but I would like to ask each of you to relate these messages to Mr . Holigan. Mr . Rod Courtney of 216 Southfork Blvd. stated that I work for Mr. Holigan and I called and talked to Mr . Akin and ask him to come out and fix the road . The City has come out and fixed it and I want to thank them for what they did. Mr . Gary Estes of 518 Miss Ellie Circle, in the interest of safety, before someone is injured or killed, if nothing can be done to fix the road , then condemn it and close it off . The dirt road into Murphy is smoother and is better than this road . It will be inconvenient, but it may help. — Councilman Naish said we spent a lot, but with the icy weather it does not hold when you do not have a good base. Maybe this is the only way to go, is to close the road . Councilman Messenger ask Bill Burge if he would talk to Harold Holigan and see if he will meet with us . We do need to take care of this. I do not look at you George or anyone else out at Southfork as a second rate citizen. I have been out there on several occasions. Mr. Dan Humphreys said he drives a truck in the County and this is the worst road anywhere. Mr . Ron Homeyer, Assist . City Engineer , said the bridge that is being rebuilt does not lien up with the existing road way, but is in alignment with the new Park Blvd . when it comes through. Steve Ahrens of 409 Gaston, stated the field behind his house has not been mowed and he would like to see something done if possible. Also can the Stan Kraft sign be taken down as they are not in business any more. COUNCIL DISCUSSION: Councilman Messenger said the police department for the first time in three years was seen driving through the park while the kids had games. I had a lot of nice comments on this. 291 Councilman Messenger also stated the TML dinner was attended by some of the council and there were several items that would be of interest to Wylie. Councilman Messenger asked Mayor Trimble if he had received their newsletter . Mayor Trimble said he was not forsure, but ask City Secretary to start going through the mail for these items and run copies for the Council . Councilman Blakey stated that the memo from Ron regarding Sanden Blvd. I would like to see this put to bed and get this on the way. Mr . Homeyer said we could rechannel the creek and have less cost of construction for the bridge. Mr . Homeyer also said I can get current cost on this and compare it to the contract to let council know. The alignment for the new creek channel would align the road up with Allanis . Mayor Pro Tem Akin asked why did Ruben said it was not used. Mr . Homeyer said Dennis Burns did this, Ruben was not involved at this time. Councilman Naish wanted to know if the Mayor had heard from Jerry Hoagland about moving the funds from Spring Creek to Brown. Mayor Trimble said yes, but the ones he talked to are against it . Mayor Trimble said the next step is to pass a resolution requesting the funds for Spring Creek to be moved to Brown or any major thoroughfare. Councilman Naish wanted to know if we obtained the B. C. Wood easement yet. Mr . Homeyer said no, but Ruben has been out. Mr . Scholz has presented me with an agreement, which is still a temporary easement. Councilman Naish wanted to know where we are on the water loss at North Texas Municipal Water District . Mr. Homeyer said all check valves have been replaced and the report should be to you by the end of this week. Councilman Naish also wanted to know about scheduling a budget workshop in April , as this was discussed at the budget meetings earlier this year. Councilman Naish also wanted to know where we are on the annexations . City Secretary Carolyn Jones said she had not been able to get to County yet for the legal descriptions. Mayor Trimble recessed the open meeting and convened council into executive session at 9 :15 P.M. under the authority of Article 6252-17 V.A.C.S. , Section 2 , paragraph "e" consultation with attorney regarding Ambulance Service, EPA charges, Pollution monitoring and paragraph "g" personnel matters - EEOC report . Mayor Trimble reconvened council into open session at 10: 50 P.M. There being no other items of business for discussion, a motion was made to adjourn with all in favor . 292 omm,„F.. rie. ApF U; ye--- Chuck ramble, Mayor ATTEST : ., 0 7 / , . rolyn es 1 y Secretary (/ �oiiAli'iAl 1.itp r' a r' : k_j ISE A s A.,_� \Sp( 21 ...mh.n