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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. 336 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. 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