04-25-1989 (City Council) Minutes 312
CITY COUNCIL MEETING
MINUTES
APRIL 25, 1989
The City of Wylie City Council met in regular session on
Tuesday , April 25, 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 Ortie Messenger,
Bud Naish, Jim Swartz and Marvin Blakey, City Manager
Charles Norwood, City Secretary Carolyn Jones, Code
Enforcement Officer Roy Faires, Assist. City Engineer Ron
Homeyer, Public Works Superintendent Don White, Chief of
Police James Gilmore, Finance Director James Johnson and
City Attorney Rob Dillard. Councilman Pritzkau was absent
due to illness.
Mayor Trimble called the meeting to order and Councilman
Blakey gave the invocation. Mayor Trimble welcomed and
introduced Charles Norwood, the new City Manager for the
City of Wylie. ,..,
APPROVAL OF MINUTES FOR THE APRIL 11 , 1989 COUNCIL MEETING:
Councilman Blakey wanted to add his statement in Council
Discussion about the local news paying for their Council
packets and when was this started . City Secretary said it
was started several meetings ago and was discussed on a
Saturday meeting . The cost of the packets was a determining
factor in charging the news media for packets. The only
news paper that has picked up a packet since we begin
charging is the Wylie News. Motion was made by Mayor Pro
Tem Akin to approve the April llth minutes with the above
correction. Seconded by Councilman Swartz . The vote was as
follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in
favor , Councilman Swartz - in favor , Councilman Messenger -
in favor, Councilman Blakey - in favor, and Councilman Naish
- in favor. This motion carried with all in favor .
PRESENTATION OF CERTIFICATES OF APPRECIATION FOR VOLUNTEERS
IN THE RITA AND TRUETT SMITH LIBRARY: Mayor Trimble make
the presentations to the following for the time and effort
put into our Library either for working hours or for doing
special projects such as story hour or a complete reading
program: Valerie Wiggins, Jimmie Feagan, Irene Messenger ,
Cathie Upshaw, Beth Brewster, Veronica Wilkerson, and Teresa
Cole. Mayor Trimble thanked these ladies for what they have
done in working in our Library and Community. Mayor Trimble
also stated that we had lost one of our volunteers, Mrs.
Marjorie Orr and that the City was placing a reference book
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in the Library in her memory and would also present her
family with a plaque.
Mayor Pro Tem Akin thanked these who had volunteered and
stated he would like to see an appreciation night every
three or four months for volunteers in all areas of our
City.
PRESENTATION FROM DAVE JOHNSON ON CONVERTING SMALL AREA OF
GARAGE INTO WORKSHOP, WHICH THE CITY HAS AN ORDINANCE
AGAINST: Mr. Dave Johnson stated that he just moved to
Wylie with his family from Plano. I spoke with my Real
Estate Agent prior to purchasing the house about enclosing a
section of the garage, approximately 9 X 15 feet. I did not
anticipate any problems . Mr. Powell stopped by and in a
very friendly way told me there was a problem with what I
was doing , which was enclosing a portion of my garage. The
City had an ordinance against this. Mr . Johnson said he
came into City Hall the next day and talked to Mr . Roy
Faires. I also talked with the City Secretary and she said
there was a vote cast by the Council in favor of this
Ordinance. I feel there is a problem maybe in the wording
of the Ordinance. In checking around, the majority of
people do not know of this ordinance. I have obtained a
copy of this section of the ordinance today, and found it to
read as follows : "two covered enclosed parking spaces
behind the front building line, off street parking spaces
shall be provided in accordance with requirements for
Specific Use as set forth in Section 23" . Basically the
only reason I could be given was to try and eliminate cars
from the street and that builders were having problems of
closing in the garage for sales office and there was a
problem with that . I believe if what I was doing was
affecting the structure of the house, or bothering my
neighbors, then there should be something done, but I am
doing something inside my own garage and the Ordinance says
I can not do this . I would like to request that this
ordinance be reviewed by the Council . I feel a lot of
people will be upset on down the road when they find out
about this ordinance. Also when I talked with Mr . Faires, I
was told that if some of the people who had not been allowed
to this to their garage and then we begin to allow others to
do this there could be law suits against the City. I spoke
to at least one attorney and he said when an Ordinance is
changed that people can not come back against the City
because at the time they were denied , there was an ordinance
in affect and if it is changed they have no court case.
This may or may not be true, this is just the words of one
attorney.
Councilman Messenger wanted to know if Mr . Johnson would
still have enough room to park one car . Mr . Johnson said
yes, he would.
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Mayor Trimble asked if this would affect market conditions •�
if he sold the property later . Mr. Johnson said no, because
the type wall I am putting up is pre-fab stud wall with
sheet rock. It is nailed in ten places on the structure
itself and eight one-half inch anchor bolts into the floor.
Mayor Trimble asked Mr . Faires if there was a way to build a
structure that would be independent of all interior wall
structures that would be like a large piece of furniture
that Dave would just crawl inside of . Mr . Faires said the
way the ordinance reads today is that all family residents
must have two covered parking spaces. If you destroy one of
those parking spaces you have violated the ordinance. Mayor
Trimble said we have cases where people stack their garage
full of garbage and never clean it, doesn' t that violate
that ordinance. Mr . Faires said they do not build a wall .
Councilman Messenger asked if any cases like this have been
before the Board of Adjustments. Mr . Faires said yes, and
it was denied.
Mayor Pro Tem Akin wanted to know about the enforcement of
this ordinance, you have to go in and physically inspect
each garage . Mr. Faires said you have to catch someone in
the act of doing this . Mayor Pro Tem Akin said what
disturbed him more than anything is that the people who
builds the house is aware of these ordinances and they do not pass it on to the buyers.
Mr. Johnson said it seems that the builders are the one
trying to get around the Ordinance. I can understand the
reasoning of the two car garage and trying to get cars off
the street.
Councilman Naish wanted to know what would happen if
everyone in Mr. Johnson' s neighborhood closed their garages
in and did not have enough parking in their drive ways for
their cars . Mr . Johnson said most of the properties in my
neighborhood have enough room in their drive ways for
parking several cars.
PRESENTATION FROM THE COLLIN COUNTY SHERIFF' S DEPARTMENT ON
9-1-1 TASK FORCE: Lt . Tom Frances of the Collin County
Sheriff ' s Department stated that the 1987 legislative
mandated that all counties over 120 ,000 population provide
9-1-1 to its residents. There was a committee organized
at the first of this year and there has been a manual
prepared and sent to the Council of Governments and sent to
the State. Basically House bill 911 provided financing for
the system and provided stabilization for these mandated
systems. The committee has established a plan for the 911
system much like the system Wylie has enforce now. Our
plans do not include Wylie or Plan since both have the 9-1-1
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system already in force, but does include the rest of Collin
County.
Mayor Pro Tem Akin asked if County was going to contribute
to our cost of the 9-1-1 system. Lt . Frances said no,
financing provisions are as follows : once a plan is
established and approved by the State of Texas, the
committee then put on all telephones within the 9-1-1 system
a fifty cents ($.50 ) as a monthly charge to their phone
bill .
Councilman Naish wanted to know about the 9-1-1 calls that
would be outside our city limits, but have Wylie address,
what happens when they dial 9-1-1 . Lt . Frances said in the
future if a citizen in Lucas dials 9-1-1 for fire, it goes
to County and we would dispatch to Wylie.
APPROVAL AND ACCEPTANCE FOR MAYOR TO SIGN TEMPORARY DRAINAGE
EASEMENT FROM B. C. WOOD PROPERTY FOR SANDEN BLVD. : Mr.
Homeyer said he has discussed this with the people
representing the B. C. Wood estates and they are in
agreement with this temporary easement. The easement states
that bermuda grass will be re-established in all disturbed
areas, the present creek channel will be filled with
compacted native black clay soil and graded to drain, a
temporary four-strand barbed wire fence will be installed
around the construction area to prevent the escape of
livestock during construction and to allow the Bermuda grass
to re-establish during the duration of this easement, that
only trees conflicting with the construction activities
shall be removed within this easement and no trees outside
of this easement shall be removed for any reason and that a
check in the amount of $5,254 .00 shall be given to the
representatives of the B. C. Wood estate. Mr . Homeyer
stated that staff recommended approval of this temporary
easement . Motion was made by Mayor Pro Tem Akin to approve
the authorization for the Mayor to meet with these
representatives and sign this temporary easement from the B.
C. Wood Estates. Seconded by Councilman Messenger. The
vote was as follows : Mayor Trimble - in favor , Mayor Pro
Tem Akin - in favor, Councilman Swartz - in favor,
Councilman Messenger - in favor , Councilman Blakey - in
favor, and Councilman Naish - in favor. This motion carried
with all in favor .
Councilman Naish wanted to know if there was anyway possible
for us to save some of the trees for the park areas. Mr .
Homeyer said we can look into it.
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APPROVAL OF RESOLUTION GIVING NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION AND ALL OTHER MATTERS AND
INCIDENT RELATED THERETO: Mr. James Johnson, Finance
Director, stated that after some discussion with several
Council Members and with the problems with the Texas Water
Commission enforcement order. If Council remembers, we have
discussed several routes for sewer to Presidential Estates
and New Port Harbour . What we don' t have ready in that
particular area is the drawing plans that has to be
submitted to the Texas Water Commission before they will
issue funding for these projects. Staff has estimated up to
$150 ,000 . for these projects, of which will include
appraisal reports and condemnation fees and easements.
Mayor Pro Tem Akin said if he understood right, we had
around thirty (30) easements . Mr. Homeyer said thirty-three
(33) easements plus another fifteen (15) easements in
another area. There are forty-eight (48) easements
altogether. Staff feels we are enhancing the property by
putting in a gravity flow sewer line. There should be some
trade off on this.
Councilman Naish wanted to know if this is part of the
original cost of this line. Mr. Johnson said no this is the
finishing of the construction plans. Councilman Swartz said
this is critical to get done as fast as possible, right .
Mr . Johnson said yes. Mayor Pro Tem Akin said he would
project five to seven months to get these easements, we only
have until January 1990 to complete this mandate.
Mr . Frank Medanich from First Southwest Investments, said
the Resolution needs to be adopted to authorize the
publication of a notice of intent be published twice in your
local paper. If you want to pursue this matter, you would
adopt the date of the 23rd of May for the public hearing.
Councilman Naish wanted to know what kind of interest and
how long for pay off . Mr . Medanich said he would like
around 10 to 15 year pay out with 8 1/4 to 1/2 per cent
interest .
Motion was made by Councilman Messenger to approve the
Resolution giving notice of intention to issue certificates
of obligation and all other matters and incident related
thereto . Seconded by Councilman Swartz . The vote was as
follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in
favor , Councilman Swartz - in favor , Councilman Messenger -
in favor, Councilman Blakey - in favor, and Councilman Naish
- in favor . This motion carried with all in favor.
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APPROVAL OF A RESOLUTION TO PROVIDE FOR THE PROVISIONS FOR
THE CITY MANAGER TO HAVE THE AUTHORITY TO ENTER INTO A
COOPERATIVE AGREEMENT WITH THE U . S. ARMY CORPS. OF
ENGINEERS: This agreement covers the lake patrol that our
police department does in the park areas of Lake Lavon.
Mayor Pro Tem Akin wanted to know if this is about the same
as last years. Mr . Johnson said yes, we did reduce the
number of hours from last year by approximately 200 hours.
Motion was made by Mayor Pro Tem Akin to approve the
Resolution to provide for the provisions for the City
Manager to have the authority to enter into a cooperative
agreement with the U. S. Army Corps. of Engineers. Seconded
by Councilman Naish. The vote was as follows : Mayor
Trimble - in favor, Mayor Pro Tem Akin - in favor ,
Councilman Swartz - 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 CONTROLLING THE SPEED LIMITS OF
RAILROAD TRAINS, LOCOMOTIVE, PASSENGER OR FREIGHT CARS
WITHIN THE CITY LIMITS OF THE CITY OF WYLIE, CONTROLLING THE
BLOCKING OF STREETS: Mr . Faires stated that he made contact
with City of Plano and received a copy of their ordinance.
Mr . Faires also suggested that this item be tabled due to a
conflict of the 3 minutes versus 5 minutes the train can
block an intersection . Councilman Messenger said the miles
per hour is okay. Mr . Faires said yes.
Motion was made by Mayor Pro Tem Akin to table this item
until a later 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 Messenger - in favor , Councilman Blakey - in
favor, and Councilman Naish - in favor . This motion carried
with all in favor to table.
APPROVAL OF AN ORDINANCE REPEALING ORDINANCE NO. 85-58 WHICH
WAS AN AMENDMENT TO ORDINANCE 82-14 IN ITS ENTIRETY AND
REPEALING ORDINANCE NO. 82-14 IN ITS ENTIRETY : Mr . Faires
said this has come forward with having one garage sale
ordinance without having several amendments to the one we
know have. The next item is an ordinance for garage sales.
Councilman Messenger stated the signs for garage sales from
noon Friday to noon Monday, if we allow them four
consecutive days, can we have the signs up for four days
also . Mr . Faires said he was told to give them the same
rules as realtors have for directional signs on week ends.
Councilman Swartz said change to three consecutive days
instead of four . Mayor Pro Tem Akin said we need to be able
to control the ordinance.
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Motion was made by Mayor Pro Tem Akin to approve the
repealing ordinance for Ordinance Nos. 85-58 and 82-14 .
Seconded by Councilman Swartz . The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor,
Councilman Swartz - 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 REGULATING GARAGE SALES STIPULATING
CONDITIONS UNDER WHICH GARAGE SALES MIGHT BE CONDUCTED;
PROVIDED FOR THE PLACEMENT OF SIGNS; AND ADVERTISING SUCH
GARAGE SALES : Motion was made by Councilman Messenger to
approve the ordinance regulating garage sales with a change
in section 4 to allow signs to be posted from noon Thursday
thru noon Monday. Seconded by Councilman Blakey. The vote
was as follows : Mayor Trimble - in favor, Mayor Pro Tem
Akin - in favor, Councilman Swartz - against, Councilman
Messenger - in favor , Councilman Blakey - in favor , and
Councilman Naish - against. This motion carried with four
(4) in favor and two (2) against .
QUARTERLY STATUS REPORT INDUSTRIAL PRE-TREATMENT PROGRAM:
Mr . Homeyer said that staff is establishing a new set of
procedures for our industrial sewer treatment program, as
well as non-industrial treatment. The water commission sent
us a letter , which was a compliance wastewater treatment -N
report and it stated that there was some concerns with the
way we had been administering our treatment program. Mainly
because it was pointed out in the enforcement order and we
replied to this on March 7th indicating that the City of
Wylie has hired Talem, Inc. to establish and oversee the
pre-treatment program as well as establishing the operating
procedures. In this letter, staff explained the hiring of
Talem and also set the general guide lines of what was
intended to be done over the next few months.
Mayor Pro Tem Akin wanted to know how many places we were
monitoring . Mr. Homeyer said four at this time. Councilman
Swartz stated that we have two business that have been
giving us problems, are they still giving problems. Mr .
Homeyer said no, one is gone and one is working on a
solution.
APPOINTMENT OF TWO MEMBERS TO THE WYLIE HISTORICAL
COMMITTEE: This will complete the five member committee.
Mayor Pro Tem Akin said we can' t seem to come up with two
more names. Councilman Messenger suggested to run an ad at
the same time we run the ad for people interested in our
different boards . Motion was made by Mayor Pro Tem Akin to
table until later. Seconded by Councilman Messenger. The
vote was as follows : Mayor Trimble - in favor , Mayor Pro
Tem Akin - in favor, Councilman Swartz - in favor,
Councilman Messenger - in favor, Councilman Blakey - in
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favor, Councilman Naish - in favor . This motion carried
with all in favor to table.
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 record, and to keep
their comments to within two minutes. There were no
citizens wishing to speak.
COUNCIL DISCUSSION: Councilman Naish wanted to know about
the water loss from NTMWD since the check valves have been
replaced . Mr . Homeyer said the three months after
replacing check valves, it is showing a water loss drop of
3% . Mr Johnson said I have been going through the numbers
and what was not factored in there was the amount of water
usage from each fire and fire training plus the water
breaks. This 3% could be a larger number .
Councilman Naish thanked the citizens and Councilman Swartz
for putting in the sprinkler system at the park.
Councilman Blakey asked Mr . Homeyer about a time frame on
getting the population signs changed . Mr . Homeyer said as
soon as we get a good number , I will get it changed.
Councilman Messenger thanked everyone that participated on
the sprinkler system at the Park on Saturday.
Councilman Messenger also stated that both the Women' s
League and WSA have asked for more participation in the
dunking booth for their fund raisers . WSA' s is on April
29th and Women ' s League is on May 13th. Chief Gilmore is
needed for May 13th as some of these funds will go into the
police department.
Mayor Trimble said he could make both, just get him some
times.
City Manager Charles Norwood said he was happy to be in
Wylie. He is very excited about his tenure in Wylie and if
you want a community to move forward, you have to work as a
team and that is what I want us to do.
Councilman Swartz asked Mr . Don White about the article in
the newspaper about the Animal Control Officer, is this the
only problem. Mr . White said yes, it is and I believe we
can get it worked out . Councilman Swartz also stated that
the city employees only hear from Council and the citizens
when there is a complaint and I feel all the employees do an
excellence job and I appreciate them.
Councilman Swartz stated in the park , we are working on
other areas for every one to enjoy, not just the sports
areas, this sprinkler system was put in around the pavilion.
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Mayor Pro Tem Akin said that although his routine has been
changed the past five months, I have enjoyed working with
the employees. We have the big W, the park pavilion, the
front of our building and the court yard area of the
building looking better. Also , I do not miss walking S.
Birmingham every day. We have put out over seven tons of
asphalt since the first of the year.
Councilman Swartz said we want to express our appreciation
to Mayor Pro Tem Akin for what he has done.
City Secretary Carolyn Jones reminded Council of the Collin
County Public Officials meeting on Thursday night.
There being no other matters of business, a motio s made
to adjourn with all in favor.
4.t.)<\
Chuck Tr i Mayor
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Carolyn Jo es, C ' t S cretary