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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 313 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. 314 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 9-1-1 315 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. 316 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. 317 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. 318 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 319 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. 320 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 SEA ) ATTEST : ii/Et G ,yt iltllldfi9Sik"se'�t Carolyn Jo es, C ' t S cretary