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05-09-1989 (City Council) Minutes 321 CITY COUNCIL MEETING MINUTES MAY 9, 1989 The City of Wylie City Council met in regular session at 7 :00 P.M. on Tuesday, May 9, 1989 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 Marvin Blakey, Ortie Messenger, Bud Naish, and Jim Swartz , City Manager Charles Norwood, City Secretary Carolyn Jones, Finance Director James Johnson, Code Enforcement Officer Roy Faires, Public Works Superintendent Don White, Assist . City Engineer Ron Homeyer, Chief of Police James Gilmore and newly elected Council Members Patricia Stemple, and Steve Wright , and David Medanich from First Southwest Investment Services. Councilman Tom Pritzkau was absent . Mayor Trimble called the meeting to order and Councilman Messenger gave the invocation. APPROVAL OF MINUTES FOR APRIL 25TH COUNCIL MEETING: Motion was made by Councilman Blakey to approve the minutes for the April 25th meeting as submitted. 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 . APPROVAL OF RESOLUTION GIVING NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION AND ALL MATTERS RELATED THERETO: Mr . Johnson, Finance Director, stated at the last meeting Council approved CO' s up to $150 ,000 , since that time it has been noted the cost to be more than expected . The Resolution before Council tonight is for CO' s not to exceed $200,000 , this has to do with the additional easement cost. This is with a pay out in 10 years with a 8% interest rate. If Council approves the Resolution, the Ordinance will be on the agenda for the first meeting in June. Councilman Naish wanted to know if we could pay out early with out any problems . Mr . David Medanich said it depends on who the purchaser is, but you can ask for a 5 year pay out without penalties . 322 Mayor Pro Tem Akin said we really do not have any choice but to go ahead with this, we keep coming up with additional easements and this does disturb me, that we do not know how many easements we have and how many we need. City Manager Charles Norwood stated that we started out with 33 easements , and today we have 58 to 62 easements, this is why I have asked Council to increase this amount so we can take care of getting these easements. Mayor Pro Tem Akin said he understood, but he knows that Mr . Norwood did not have any part of this and he knows who is responsible for seeing how many easements we need and to go this far and this long and still not know how many easements are required to do what we have to do. Mayor Trimble wanted to know the status on the easements. Mr. Homeyer said easements came in in different groups and when I put them together, there were more than I had anticipated. Mayor Pro Tem Akin wanted to know how long Mr . Homeyer has been working on this , about five or six months. Mr. Homeyer said yes, but some of the easements descriptions did not reach the City of Wylie until three weeks ago, so up until three weeks ago I could not nail down the total number of easements needed. Mayor Trimble wanted to know if it was because staff is not for sure which way the line is going to —*% be laid . Mr. Homeyer said the location is not the problem, the problem was finding out who the owner is, with all the foreclosures and property owners just walking off their property, it was hard to find the proper party to talk with. Motion was made by Councilman Messenger to approve the Resolution Giving Notice of Intention to Issue Certificates of Obligation and all Matters 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. 323 APPROVAL OF CANVASS OF ELECTION FOR COUNCIL PLACES ONE (1) , THREE (3) , AND FIVE (5) : Mayor Trimble read the following as the result of the May 6th Election for Council Place One (1) , Three (3) and Five (5) : Abst . Methodist Southfork Total Votes Prec.27,56 Prec. 25 Votes & 83 PLACE ONE Calvin Westerhof 8 202 16 226 John W. Akin 9 314 154 477 PLACE THREE Steve Wright 6 299 143 448 Tom Pritzkau 9 197 28 234 PLACE FIVE James Ferguson 6 306 19 331 Patricia Stemple 8 172 156 336 RECOUNT: PLACE FIVE James Ferguson 6 305 19 330 Patricia Stemple 8 173 155 336 Mayor Trimble stated the new Council Members were: Place One John W. Akin, Place Three Steve Wright and Place Five Patricia Stemple. Motion was made by Mayor Pro Tem Akin to approve the canvassing of the Election returns as read above. 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. OATH OF OFFICE: City Secretary Carolyn Jones gave the oath of office to the Elected City Council Members, Place One John W. Akin, Place Three Steve Wright and Place Five Patricia Stemple. 324 ELECTION OF A MAYOR PRO TEM FOR MAY, 1989 THRU MAY 1990: Motion was made by Councilman Swartz to elect Councilman Naish as Mayor Pro Tem. Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Wright - in favor, Councilman Messenger - in favor, Councilwoman Stemple - against, and Councilman Naish - in favor. This motion carried with six (6) in favor and one (1) against. PRESENTATION OF CERTIFICATES OF APPRECIATION: Certifications of Appreciation were given to Independent Bank of Wylie for donations of trees to the Park and to Bill Flowers for his time and use of his equipment on several occasions . Mr . Don White thanked these people for what they have done for our City. Councilman Akin also thanked them for what they have done and expressed his appreciation. APPROVAL AND ACCEPTANCE OF SANITARY SEWER EASEMENT FROM JOHN PENNINGTON - REGENCY BUSINESS PARK: This easement is for the extension of the collector sewer line to service the Steel Road/Regency Business Park area . Mr . Homeyer stated for Phase II improvements, this easement has been donated . City Manager Charles Norwood asked how many easements have been donated and how many have said they would donate. Mr . Homeyer said altogether six, three easements already donated and three more property owners have said they would donate the easements. Motion was made by Councilman Akin to approve and accept the Sanitary Sewer Easement from John Pennington - Regency Business Park. Seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Wright - in favor , Councilman Messenger - in favor, and Councilwoman Stemple - in favor . This motion carried with all in favor . PRESENTATION FROM THE AMBULANCE COMMITTEE FOR AMBULANCE SERVICE FOR THE CITY OF WYLIE: City Manager Charles Norwood stated that Mr . Calvin Westerhof would not be able to be at the meeting and that Mr . James Johnson would make the presentation. Mr . Johnson thanked and recognized the committee members that were present for the long hours and hard work they had done. Councilman Akin thanked Mr . Johnson and the other members of this committee for the work they had done. Mr . Johnson stated that this is a rather lengthy proposal the committee has put together and this presentation would hit some of the areas that had major changes. Mr . Johnson said the first thing put in these specs was a qualification statement and if the bidder answers no to these questions, the company should not submit a proposal . The committee is 325 also recommending an Advisory Board, with three members with staggered terms. The committee is also recommending a Chain of Command and six different phases of response times. The insurance and indemnification has been completely reworked and is done in more detail . Mayor Pro Tem Naish wanted to know if the City Attorney has been given a copy of the proposal . Mr . Johnson said yes, and he will make some changes if necessary. There are several clauses in this proposal for breach of contract, no on-scene collections allowed, there would be a penalty if the service can not make the required response time, and also a clause for the use of helicopters and for transporting patients. Councilman Akin wanted to know if these proposals were endorsed by the committee. Mr. Johnson said yes. APPROVAL OF A PROCLAMATION FOR NATIONAL POLICE WEEK - MAY 14TH THRU MAY 20, 1989: Motion was made by Councilman Akin to approve the proclamation for National Police Week - May 14th thru May 20 , 1989 . Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in favor , Councilman Swartz - in favor, Councilman Wright - in favor, Councilman Messenger - in favor , and Councilwoman Stemple - in favor. This motion carried with all in favor . APPROVAL OF A PAYMENT REQUEST FROM XIT PAVING AND CONSTRUCTION IN THE AMOUNT OF $106,090 .38 : Mr. Homeyer said this should be the next to last payment to XIT. The contractor is working on the punch list and clean up. It looks like we are coming in under budget on this project. Councilman Akin wanted to know if all the sidewalks were in and if they completed the one at the Assembly of God Church. Mr . Homeyer said they are doing them this week. Councilman Akin wanted to see an itemized statement of everything that was done. Also Lone Star Gas said they did not hold up the construction of this job. Mr . Homeyer said the engineers said they have proof of this. Motion was made by Councilman Akin to approve the payment request in the amount of $106,090 .38. Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor, Councilman Swartz - in favor, Councilman Wright - in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing to address 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. 326 COUNCIL DISCUSSION: Mayor Pro Tem Naish thanked the Council for selecting him as Mayor Pro Tem. I know that this council has other members that are qualified as much as I am if not more and I hope that I can do as good of a job as Councilman Akin has done this past year . Councilwoman Stemple referred to the public works monthly report , where the city crew did a repair job out of their budget for a contractors mistake. Does the City get reimbursed for this . Mr . White said yes , we have sent a bill to that contractor already. Councilman Messenger thanked Bart Peddicord and the others who worked on the Election on Saturday. Also thanked those who participated in the WSA fund raiser last Saturday, it was a success. Councilman Messenger reminded everyone of the Wylie Women ' s League fund raiser this coming Saturday. Councilman Wright wanted to know on the minutes the Council just approved, the 9-1-1 calls for Lucas going to County and then coming to Wylie for fire calls. Mayor Pro Tem Naish said Lucas is currently being served by Wylie Fire Department, but when 9-1-1 rings in once County has it enstalled, it will go to McKinney and then be dispatched to Wylie. Councilman Wright asked Mr . Homeyer in all the easements we are looking at, are we following the Master Land Use Plans and will there be a problem. Mr . Homeyer said no problems and we are using the Master Land Use Plans. Councilman Swartz said he was going to ask for an up date on the delinquent tax roll, but Mr . Johnson has given it out tonight. Councilman Akin stated his goal for this summer was for the Bomag and I have asked for a list of streets . Mr . White said we are working on the list and it should be forth coming soon. Councilman Akin made a request of the other Council members to tour East Brown at E. Kreymer and the alley way of Briarwood. See how we can address these in the next years budget. City Secretary Carolyn Jones reminded the Council of the meetings on May 18th, a coffee at 10: 30 A.M. for the executive wives of Sanden International and the Collin County Public Officials meeting at Frisco that night at 6 :30 P.M. Also the different Board Members list will be on the first meeting in June for those whose terms are up in July. 327 City Manager Charles Norwood stated he needed a date for a meeting on the sewer project and easements and costs , would Tuesday night, May 16th be okay. Everyone was in agreement, Councilman Akin stated it was fine with him, but he would be out of town. There being no other items for discussion,--a motion was made to adjourn with all in favor. Chuck Trimble, Mayor ATTEST: �`�\\ aoe;OiFnnrrii �i 7) / ' yn SEAL Carol r7,p es y Secretary