05-23-1989 (City Council) Minutes 331
CITY COUNCIL MEETING
MINUTES
MAY 23, 1989
The City of Wylie City Council met in regular session on
Tuesday, May 23, 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 Bud Naish, Council Members Ortie Messenger,
Jim Swartz , Pat Stemple, John Akin and Steve Wright, City
Manager Charles Norwood, 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 Councilman
Swartz gave the invocation.
APPROVAL OF MINUTES FOR MAY 9TH COUNCIL MEETING: There
being no corrections or additions to the May 9th minutes, a
motion was made by Councilman Messenger to approve as
submitted . 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 all in favor .
APPROVAL OF CHAIN OF COMMAND LETTER: The approval of the
Chain of Command letter is needed to comply with Article IV,
Section 1:D of the Home Rule Charter . City Manager Charles
Norwood stated James Johnson, Finance Director would be
first in command during his absent and Roy Faires, Code
Enforcement Officer would be second in command. A motion
was made by Councilman Akin to approve the chain of command.
Seconded by Councilwoman Stemple. 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 .
332
APPROVAL OF A PROCLAMATION FOR NATIONAL SAFE BOATING WEEK -
JUNE 4 THRU JUNE 10, 1989: Motion was made by Councilman
Akin to approve the proclamation for National Safe Boating
Week - June 4th thru June 10, 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.
APPOINTMENT OF TWO MEMBERS TO THE WYLIE HISTORICAL
COMMISSION: The appointment of two more members will
complete this committee. Councilman Swartz made a motion to
appoint Patricia Guest and Karen Caine to the Wylie
Historical Committee. Councilman Akin requested to amend
the Committee to another member to use all three people.
Councilman Akin said he hope to see this committee get
started soon and that the City Manager would appoint a staff
member to assist in getting them started . Mayor Trimble
asked Councilman Swartz if he wanted to amend his motion.
Councilman Swartz said no. Councilman Wright said he talked
with all of these people and Beth Fultz said she did not
have the time. Councilman Akin wanted to know if Beth Fultz
could serve as an alternate member . Mayor Trimble asked
Councilman Swartz if his motin could stte Mrs . Fultz as
alternate member . Councilman Swartz said yes . Councilman --*
Swartz motion to appoint Patricia Guest and Karen Caine and
have Beth Fultz as an alternate member , was seconded by
Mayor Pro Tem Naish. 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 THE ALIGNMENT FOR IMPROVEMENTS TO WASTEWATER
COLLECTION SYSTEM: Mr . Ron Homeyer said the gravity sewer
line will be from Southfork Mobile Home Park to FM 544 Lift
Station and pump to Steel Road Industrial Park and them to
wastewater treatment plant. This project would also abandon
the Park Lift Station and put a line to Twin Lakes and pump
back to the wastewater treatment plant. Also included in
this project is a sewer line from Newport Harbor and also
there will be a sewer line for the East side of Highway 78,
across from City Hall Complex .
Motion was made by Councilman Messenger to approve the
alignment for the improvements to Wastewater Collection
System. 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 .
333
APPROVAL OF DEADLINE OF JUNE 30TH FOR ACCEPTING EASEMENTS
FOR IMPROVEMENTS TO WASTEWATER COLLECTION SYSTEM: City
Manager Charles Norwood said this was discussed at our last
work session and this was the deadline date in order to
begin our work in December, 1989 and the job be completed in
December, 1990 . Staff mailed out letters today asking all
of the property owners involved to donate the easements
necessary for this project . City Manager Charles Norwood
said the Council had talked at our last work session about
assessments and our attorney has said our population will
not allow assessments on this at the present time. The
staff is working on a pro rata ordinance that will help with
some of the cost.
Councilman Akin stated that he was surprised that our legal
counsel has been involved in this all along and now he says
it is not an assessment program. City Attorney Rob Dillard
said this only applies to a subdivision plat that has been
filed in County for at least 10 years. Councilman Akin said
that is what is shocking to me. I thought you had been
involved with this all along .
Mayor Trimble asked how this would compare to pro rata. Mr .
Dillard said the assessment is for property now and pro rata
is only later as developers want to tie on.
City Manager Charles Norwood said once staff has come up
with a pro rata ordinance, we will send that to our attorney
for his approval and then to Council for final approval.
City Manager Charles Norwood stated that the Impact Study is
very important and hope to see it done soon.
Mayor Trimble adjourned the meeting for a short while as
there was a power failure in the area.
Mayor Trimble reconvened the meeting in the court yard of
the Municipal Complex due to the power failure.
Motion was made by Councilman Messenger to approve the
deadline of June 30th for accepting easements for
improvements to the Wastewater Collection System. Seconded
by Councilman Akin. 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.
334
APPROVAL OF SHIMEK, JACOBS, FINKLEA CONSULTING ENGINEERS TO
FURNISH ENGINEERING SERVICES FOR THE IMPROVEMENTS TO THE
WASTEWATER COLLECTION SYSTEM: This engineering firm has
given staff a proposed maximum cost of $85,000 .00 . This
includes the services for preparation of plans and
specifications, easement plats and descriptions for all
properties crossed by proposed line, together with
administration during construction for proposed Muddy Creek
Trunk Sewer from Southfork Mobile Home Park to FM 544.
Councilman Akin made a motion to approve Shimek, Jacobs,
Finklea Consulting Engineers to furnish engineering services
for the improvements to the wastewater collection system.
Seconded by Councilwoman Stemple .
Mayor Pro Tem Naish wanted to know the total projection cost
of $85,000 . was this the best proposal and maybe this should
be tabled and go out for proposals. Mayor Pro Tem Naish
stated since the Council has spent $175,000 . for engineering
cost out of the CO issued for the Street Reconstruction
Project , why should the council pay $85 ,000 for this one
project .
Councilman Messenger asked Mr . Homeyer about the multiplier .
Mr. Homeyer said I checked with several other firms and this
is a good multiplier. Mr . Homeyer also stated that if
Council goes out for proposals , we will lose start up time.
Mr . Homeyer said we have added a lot of services to this
proposal of $85,000 .
Councilman Akin said he relies on staff and that is why I
made the motion to approve.
Councilman Wright asked about the last time we went out for
bids . Mr. Homeyer said professionals services are not a bid
item.
Mayor Trimble called for a vote on the motion to approve the
hiring of Shimek, Jacobs, Finklea Consulting Engineers for
the engineering of the improvements to the wastewater
collection system. The vote was as follows : Mayor Trimble
- in favor, Mayor Pro Tem Naish - against, Councilman Akin -
in favor , Councilman Swartz - against , Councilman Wright -
against, Councilman Messenger - against, and Councilwoman
Stemple - against. This motion did not pass as there were
two in favor and five against .
Motion was made by Mayor Pro Tem Naish to seek proposals and
bring back to Council within thirty days . 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 .
335
APPROVAL OF AUCTION ON CITY VEHICLES: City Manager Charles
Norwood stated a request went out to each department to
submit a list of obsolete vehicles . Staff has come up with
two - 1986 police cars, one - 1983 police car . Motion was
made by Councilman Swartz to approve the auction of obsolete
city vehicles. Seconded by Councilman Wright.
Mayor Pro Tem Naish wanted to know the amount of repairs on
each of these vehicles. Chief Gilmore said the maintenance
figures are not available at this time, but Mr . Johnson is
working on them.
Councilman Akin said I think we should go ahead and put them
up for auction and maybe get some money for them. I also
think we should let the dealership we received the cars from
know what kind of service we have gotten.
Councilman Messenger wanted to know how many cars will be
needed . Chief Gilmore said at least two new cars , we have
one that was ordered last year but has not been delivered as
yet . Mr . Johnson said the problem is the order did not
come off the computer in Detroit and therefore they did not
make our car . I have talked with the dealership, they have
a car but it is $800 .00 over the bid and I said no. Mr .
Johnson stated he has turned this matter over to Mr.
Norwood.
City Manager Charles Norwood said we are working on this now
and it may be that we have to call in Mr . Dillard on this
problem. I cannot see paying an additional $800 .00 for a
car that does not meet our specs .
Councilman Swartz wanted to know if these two cars you maybe
requesting, would be requested even without this auction.
Chief Gilmore said yes.
Mayor Trimble called for a vote on the above motion by
Councilman Swartz and Seconded by Councilman Wright to
approve the vehicles for auction. 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 VOTING REPRESENTATIVE TO NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS: Councilman Wright stated his
feelings of this, as something the Council should do, but
wait until the next meeting . City Secretary Carolyn Jones
said this has to be called in to NCTCOG tomorrow morning,
this is done every year and in the past it has been the
Mayor.
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Mayor Trimble said I do not see any practical use in it
being myself, but if someone else is interested in this,
then lets put that person in as our representative. Most of
the cities do not have their Mayor , it is just something
Wylie has done.
Councilman Messenger made a motion to appoint Councilman
Wright as the voting representative for North Central Texas
Council of Governments. Seconded by Mayor Pro Tem Naish.
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 .
LEAVING UP/TAKING DOWN OF BARRICADE AT BUTLER CIRCLE
ALLEYWAY: This barricade was put in place in 1986 as a
temporary solution to thru traffic in this alleyway and to
control speeders .
Mr . Joe Davis 304 Briarwood said he had the residents sign
the map that staff sent out in the letters to each home
owner. These citizens are wanting to leave the barricade
up. Out of thirty-three residents affected, the poll of
those contacted there were 19 to leave up the barricade and
3 to take it down. The amount of traffic and the speed is
unbelievable. This serves as an access road when it is
open, it also serves for high school students to beat the
traffic on Hilltop Street. The Council did vote on closing
this alley and it has made it a safer place. The Council
can choose to be convenient or safe for the citizens.
Mr . Brian Chaney 306 Briarwood, stated some of his concerns
were when this was originally brought up for development
Butler Circle was to go through to Akin Lane, when it
started development, Butler Circle became a cul-de-sac not a
thru street. The traffic involved is great and you can not
see around the fences.
Mr . Kerry Weeks 308 Briarwood, said it was a very bias
survey, as no one asked me my opinion . At lot 7 , the alley
ends and becomes a dirt alley. I feel Council does not send
out letters on every item on the agendas . When I go out to
Park Street, I have a Frito Lay truck or a boat in the way
of traffic. All I want is a way to come and go without
being inconvenience. This is over kill with putting a
barricade up. Alley on Woodhollow Ct. is in very bad
condition. When I go to sell my house and the property
value is down the City will find themselves in litigation .
Mr . Collinsworth 508 Woodhollow, we moved in 1988 and the ---
barricade was already up, I believe it should remain up.
337
Mrs. Debbie Gove 304 Woodhollow stated we moved in after the
barricade and we moved in because it was there. I feel
secure with the barricade there and letting my children out
to play. I feel very strongly about leaving the barricade
up and not place it on the agenda unless 50% of the people
want it down.
Mr. Bobby Skipwith 315 Hilltop, said he lives on Hilltop and
his power poll is in the alley and I have a problem with
keeping it from getting hit. If you have not seen the
traffic you can not believe what we have when the barricade
is down. There is no way I would like to see the barricade
removed. Mr . Weeks fence comes out so far you can not see,
I feel if the barricade is removed , there will be an
accident . I ask that the Council leave the barricade up.
Mr . David Stevens 303 Woodhollow, I am the person who asked
for the barricade to go up. The people who live on Dogwood
Court and Woodhollow feel there is not a way you can
understand about the traffic and the reason for the
barricade being put in place unless you have been there.
The other thing, Mr . Weeks did not tell you was the City put
gravel in the alley that he was talking about being a dirt
alley.
Councilman Messenger said he drove down the alley, I feel
the barricade should stay up. The upmost importance is the
safety of our children.
Councilman Swartz said he agrees, the way it is set up, it
is not a safe situation, and I feel the barricade should
stay.
Councilman Akin said it is a bad situation. When it went up
there was a lot of traffic and we have grown so there is
more traffic today.
Councilwoman Stemple said she agrees, the barricade should
stay up, if for no other reason than the safety of the
children.
Mayor Trimble said he believes the people should have their
say, but the safety of the citizens and children should come
first.
Motion was made by Councilman Akin to leave the barricade
up. 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 .
338
CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing .�
to speak to come forward at this time and state their name
and address for the record, and to keep their comments
within two minutes.
Mr . Bobby Skipwith 315 Hilltop, expressed his appreciation
to Mr . White for the patching done on Hilltop. I would like
to ask the Council about an overlay on Hilltop. There is a
large number of traffic on Hilltop, not just residents, but
everyone uses it as a through Street to town. I would put
Hilltop up against any other residential street in Wylie as
for as having more traffic. I ask Mr . White about an
overlay. I would like to ask the Council to think about an
overlay on Hilltop. A former Council member , William Martin
has talked to Mr . White about doing something to Hilltop.
Mr . Bill Burge of Southfork, thanked Council for fixing
McCreary Road. We really do appreciate the work you have
done.
COUNCIL DISCUSSION: Councilman Akin stated that the boat
is setting outside at the Southside Fire Station. Mr .
Johnson said there is a boat slip for it at East Fork
Marina.
Councilman Akin voiced his concern about needing asphalt , we �**,
put out 700 tons of asphalt , we still have outstanding taxes
$300 ,000 plus on our tax roll . I feel we should think
about a collection agency on helping with taxes and
warrants. Mr . Johnson said we have letters being printed up
and giving the people a date to pay or we will arrest them.
Mr . Johnson said Chief Gilmore said a warrant officer can
justify his salary. Mr. Johnson also said we are changing
up our Court and the Judge will be in the office one day a
week to talk to the people.
Councilman Akin stated he was happy to see the sign on the
Community Room. Also Mr . White, you said the Park and
Wildlife dedication sign should be coming in. Mr . White
said the sign is in and should be up soon . Councilman Akin
also stated that Council approved $4 ,000 for playground
equipment and I have not seen any action on the playground
equipment. Mr . White said it was wearing down and we took
it out before someone was hurt on it . We are working on
replacing it soon. Councilman Messenger said he has heard a
lot of statements from parents about where is the playground
equipment.
Councilman Akin asked Mr . Faires if there is a serious
problem with condemned and vacant houses. We are getting
criticized from the public when these houses are left
standing. There has to be something we can do on these
condemned properties. Mr . Faires said the trial has been
339
set for tomorrow in County Court in this area you are
talking about.
Councilman Swartz stated in discussing the barricade, there
are a lot of vehicles that are parked illegal . These should
be cited .
Councilman Wright said I spoke with Larry Allen, Fire Chief ,
and he would like for this barricade to be unlocked or
something in order for the fire equipment to get through.
Mayor Trimble said this was discussed prior to putting up
the barricade and the fire truck can drive right over it
without any damage.
Councilman Messenger said the sprinkler system is in, we did
budget money for weed killer and grass, and we need to get
this purchased. I also understand we can get it hydromulch
if we supply the materials .
Councilman Messenger requested a joint work session with the
Planning and Zoning Commission as soon as we fill the
vacancies.
City Manager Charles Norwood said with joint meeting , maybe
we can talk about having a public hearings as joint
sessions. This would cut out a lot of steps and expense by
having joint public hearings. City Attorney Rob Dillard
said you have to amend the Zoning Ordinance for allowing
joint public hearings with Planning and Zoning.
Councilwoman Stemple stated to Mr. Skipwith that she know
what pot holes are, and asked Mr . White if he had been down
this street. Mr . White said yes, and it is salvageable
right now.
Mayor Pro Tem Naish said the only question he had was where
we stood on delinquent taxes . City Attorney Rob Dillard
said he did not have a print out, we are about to send out
letters for this years taxes . Suites have been filed on
some, but without a good address the suite does not go
anywhere.
Mayor Pro Tem Naish wanted to know about the status of the
resolution that was sent over to County , when is it coming
up in Commissioners Court.
Mayor Trimble said that Cecilia Wood was requesting to be
left on the Planning and Zoning Commission for another term.
Mayor Trimble adjourned the regular business meeting and
convened Council into the work session and expressed to the
citizens present that they were welcomed to come into the
next room for the work session.
340
TML Legislative Update - there will be two more updates
received unless there is a special session called. At this
time, the representatives said a phone call to voice your
opinion on the upcoming bills being presented is what they
would like. If a resolution is required , they will send it
out to the Council to act on.
News letter - Mayor Pro Tem Naish said there was $3 ,500 .
budgeted for this and we have used very little of it. Need
to use it to inform the citizens of the TWC mandate and the
upcoming budget session, ask the citizens what they need or
want to see Council do. City Manager Charles Norwood said
what we need to do is emphasize our #1 problem, but yet get
this letter out on a monthly, or quarterly basis and inform
the citizens . Also need to let the citizens know what we
want to accomplish in the next three to five years, insert
news letter in the water bills . City Manager Charles
Norwood said to send out the first letter and then set it up
on a quarterly basis.
There were two seminars talked about for council to attend.
One being the 23rd Annual General Assembly of Council of
Governments and the TML Newly Elected Council sessions in
Corpus Christi . After some discussion, Council wanted to
see at least one person go to the one in Corpus Christi .
There was discussion also about budget worksessions the
first of June on the current budget year and where we stand
and also to work on the upcoming budget year the second
weekend of July.
There being no other matters for discussion, a motion was
made to adjourn with all in favor.
Chuck Trimble, Mayor
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