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04-11-1989 (City Council) Minutes 306 CITY COUNCIL MEETING MINUTES APRIL 11, 1989 The City of Wylie City Council met in regular session on Tuesday, April 11, 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 Jim Swartz , Bud Naish, Ortie Messenger, Tom Pritzkau and Marvin Blakey, City Secretary Carolyn Jones, Finance Director James Johnson, Assist. City Engineer Ron Homeyer, Public Works Superintendent Don White, Code Enforcement Officer Roy Faires, Chief of Police James Gilmore and City Attorney Rob Dillard. Mayor Trimble called the meeting to order and gave the invocation. APPROVAL OF MINUTES FOR MARCH 28TH AND MARCH 30TH AND THE RE-SUBMITTAL OF FEBRUARY 23RD MINUTES: There being no corrections or additions to the minutes, a motion was made —»... by Councilman Messenger to approve as submitted. 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 . PRESENTATION FROM TERRI MANNING, COMMUNICATIONS SUPERVISOR FOR COLLIN COUNTY SHERIFF ' S DEPARTMENT ON 9-1-1 TASK FORCE: Ms. Manning called today and ask that this item be pulled from the agenda and put on the next Council Agenda. PRESENTATION BY CAROLYN JONES, CITY SECRETARY AND RON HOMEYER, ASSIST. CITY ENGINEER ON PROPOSED ANNEXATIONS: Mrs . Jones stated that these areas being presented tonight are completely surrounded by the City of Wylie. There are a total of 56 acres. The first area is on FM 544 and just off Hooper Road and contains 8.08 acres and involves eight property owners. Mr . Homeyer stated that water and sewer were available to all of these properties except one, it would be around 1 ,000 feet to get sewer to this property. In the second set of properties, there are four (4) property owners and 4 .192 areas. This area is off West Brown just West of the Birmingham Elementary School . All of these "+^ property owners are on the City water line and sewer is available. The third set of property owners contains two pieces of property and is for one acre. Both water and 307 sewer are available. The fourth set of property owners is just south of the City complex and contains 5 .190 Acres and involves three owners . There is water and sewer within a reasonable distance. The fifth group of property owners is located on East Brown Street and contains 6. 752 Acres of land, out of this 3 .80 acres is the Hughes Cemetery and the other propertieswould have water and sewer available. Mrs. Jones stated that she needed direction from the Council tonight, inregards to taking in all of these areas or which portion Council wanted to look at. The next item on the agenda is for Council to vote on all of these or part of them being annexed . Councilman Naish stated to annex only those properties that have water and sewer already available. Mayor Pro Tem Akin wanted to know if Council shouldn' t define available and to set guide lines for staff . Mayor Trimble said said we had a problem last time where the people thought the City was going to lay the distance to their property for water and sewer and we want to make sure that these property owners do not think we are going to do that this time. Councilman Naish requested that the City Secretary send out letter requesting voluntary annexation of these properties prior to setting up public hearings on annexation. APPROVAL OF THE PROPOSED ANNEXATIONS : A motion was made by Mayor Pro Tem Akin to proceed on these annexations that have water and sewer available now, by sending out letters requesting voluntary annexation first . 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 PROCLAMATION FOR NATIONAL CONSUMERS WEEK - APRIL 23RD THRU APRIL 29TH, 1989 : This proclamation has been placed on the Council agenda at the request of the office of Consumer Affairs in Washington, D. C. Motion was made by Mayor Pro Tem Akin to approve the Proclamation for National Consumers Week - April 23rd thru April 29th, 1989 . 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. 308 APPROVAL AND ACCEPTANCE OF A TEMPORARY DRAINAGE EASEMENT FROM B. C. WOOD PROPERTY FOR SANDEN BLVD. : This item was pulled at the request of Mrs. Ida Pearl Scholz . APPROVAL AND ACCEPTANCE OF THE FINAL PLAT FOR TWIN LAKES PHASE I SUBDIVISION: Mr . Ron Homeyer stated that in one place where there was not enough lime stabilization, the contractor poured two (2) inches of extra concrete. This should work the same as having the lime stabilization. Staff recommends approval and acceptance of the final plat. Motion was made by Mayor Pro Tem Akin to approve and accept the Final Plat for Twin Lakes Phase I Subdivision. Seconded by Councilman Messenger. Councilman Naish wanted to know what the $79,800 . under Development Fees was . Mr. Homeyer said it was for the off site sewer line and for the lift station, the 15 ft . sewer line from Alanis and Ballard behind Westwind Meadows Sub-Division. There being no other questions , Mayor Trimble called for a vote on the motion to approve and accept this final plat. 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 ATTENDANCE RECORDS FOR ALL BOARDS AND COMMISSIONS: City Secretary Carolyn Jones stated that this item was placed on the agenda at the request of some of the Council . As you will note some of the boards have members who have missed three or more meetings. Some of the members terms will be up this July, 1989 . Mrs. Jones said she would be running ads in both the papers for persons wishing to serve on one of the boards or commissions to fill out and return to her office. This should appear on your June agendas for the replacements or extending terms on these boards. AUTHORIZATION FOR STAFF TO SEEK BIDS FOR CAPPING THE OLD WATER WELL: This well is located behind the old police station on Ballard Street. Mr . James Johnson said the bidder that was awarded the bid for this job, sold to another contractor . This contractor defaulted on the bid . We need to seek bids again. We did not put a bid bond on this as it was such a small amount and would have made the bid price a lot higher. There was another bidder that said he would do the job, but he did not bid on this job the second time we went out for bids. Councilman Naish said to send a letter to them and copy TWC that we are going to sue if the job is not done. 309 Councilman Blakey wanted to know what the City Attorney thought . Mr . Dillard said I am not sure we have to go out for bids. Mr . Johnson said the other bidder did not bid on the job the second time we went out for bids . Mr. Dillard said we will need to bid again. Mayor Pro Tem Akin wanted to know if we could plug this well ourselves. Mr . Johnson said no, that staff could not obtain the permit for this . Motion was made by Councilman Messenger 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 to table. APPROVAL OF PAYMENT REQUEST FOR XIT PAVING AND CONSTRUCTION INC. : The payment request is in the amount of $159 ,475 .45 and is in connection with the Street Reconstruction Program. Mr. Homeyer stated that all the work listed on this invoice has been done. The contractor is also in penalty status and this will be dealt with later . Councilman Blakey wanted to know if staff was checking on the ponding to be sure that was no ponding when job was completed . Mr . Homeyer said as they pour a section and it has dried, they run water down it to be sure the water is running off . Councilman Naish wanted to know the completion date. Mr . Homeyer said all that is left is three approaches and the sidewalks . The contractor should be through in about another 14 days. Mr . Homeyer stated that Wylie citizens moved the barricades and drove on a section of the street which had fresh concrete. Councilman Pritzkau stated if that breaks, the paving bond will not cover this since we broke the contract. Mr . Homeyer said the Martin family at Kirby and Birmingham would not give an easement so there will not be a sidewalk in this area. Motion was made by Councilman Pritzkau to approve the payment request in the amount of $159 ,475.45 to XIT Paving and Construction, Inc. Seconded by Mayor Pro Tem Akin. 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 310 favor, Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF PAYMENT REQUEST FOR CUMMINGS AND PEWITT, INC. : This payment request is in the amount of $4 ,500.00 and is part of the street reconstruction program. Mr. Homeyer said this is for the last 30 days of construction staking . Staff recommends approval . Mayor Pro Tem Akin said he has never seen them at the site, and also how much have we paid them. Mr. Homeyer said he would have to check on the total amount that has been paid to Cummings and Pewitt . Motion was made by Councilman Pritzkau to approve the payment request in the amount of $4 ,500 .00 . Seconded by Mayor Pro Tem Akin. 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, to state their name and address for the record and to keep their comments within two minutes. There were no speakers at this time. COUNCIL DISCUSSION: Councilman Naish paid a comment to the staff for the courtesy being extended to the citizens. I just want to thank staff . What is the date for the Commissioners Court. Mayor Pro Tem Akin said Monday, April 17th at 10: 00 A.M. Councilman Blakey wanted to know the policy for changing the population signs . Mr . Johnson said Mr. Homeyer can request the Texas Highway Department to change them. We are over 9,000 and if any growth at all comes, should be over 10,000 this year. Councilman Blakey also wanted to know if Mr . Holigan ever contacted Mayor Pro Tem Akin about the road. Mayor Pro Tem Akin said no. Councilman Blakey said the reason is the patching that was done will not last forever. Councilman Messenger said if the Commissioners Court approves the funds being moved, we can assess the property owners . Councilman Messenger complimented Mayor Pro Tem Akin and who everelse was involved, in the street patching work being done in the City. Also I have had some comments on the big "W" . Mayor Pro Tem Akin said he heard someone say it cost up to $60,000. 311 Councilman Pritzkau stated he liked what Public Works has done on Brown Street. Councilman Pritzkau said he had a question about the 12 ton roller going down the shoulder of Highway 78 . Mr . White said it was the City' s roller and the trailer was loaded and we were on Jackson Street and therefore drove the roller to the yard. Mayor Pro Tem Akin said that Mr . Johnson, Mr . Homeyer and Mr . McKnight and himself met with TWC on the sewer penalties. They called and have lowered the fines by $2,000 .00 . Mayor Pro Tem Akin said he felt that this should be appealed . Mayor Pro Tem Akin also stated that the joint meeting with the Chamber was very good and I feel we accomplished a good working relationship with them. Mayor Akin also pointed out that the monthly report from the Library shows the circulation is up compared to the last few years. Also want to thank John Tobin for his funding the March Reading program. Mayor Pro Tem Akin also noted the number of work orders for Public Works and the Complaints for Code Enforcement Office. These areas are doing a fine job in our City. Mayor Pro Tem Akin also noted that he has been having complaints about the trains coming through Wylie to fast . There should be an ordinance on the next agenda for approval . Mayor Pro Tem Akin also requested anyone that could go , please do so, to the Collin County Commissioners Court next Monday. City Secretary Carolyn Jones reminded Council of the Collin County Public Officials meetings in April and May. Councilman Naish reported that the meeting on Gaston Dr . was held on April 1st and that each resident should be using Gaston Dr . North and Gaston Dr . East plus the City is to put up better signs. If this works , then the problems are solved , otherwise we will hold another meeting . Mr . Faires said he felt this solution was one that the citizens could live with. Mayor Pro Tem Akin said he met last week with the Highway Department on the Beautification Program and our problem now is where the alignment of the widening of Highway 78 will be when it is extended. There being no other matters of business, otion was made to adjourn with all in favor . ii C T m yor ATTE f?" s _1. Carolyn „- itt ecretar / ESA Iu�ti►du�u