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06-13-1989 (City Council) Minutes 34 (3 CITY COUNCIL MEETING MINUTES JUNE 13, 1989 The City of Wylie City Council met in regular session on Tuesday, June 13 , 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 , Steve Wright, John Akin, and Pat Stemple and City Manager Charles Norwood, City Secretary Carolyn Jones, Finance Director James Johnson, Code Enforcement Officer Roy Faires, Public Works Superintendent Don White, Ed Snead of the Police Department, Rob Dillard, City Attorney, Frank Medanich and David Medanich of First Southwest Investments . Mayor Trimble called the meeting to order and Councilman Swartz gave the invocation. APPROVAL OF THE MINUTES OF MAY 16TH, 23RD AND 30TH AND JUNE 6, 1989 COUNCIL MEETINGS: Mayor Pro Tem Naish corrected the - , May 23rd minutes to reflect the statement stated by Councilman Akin requesting Beth Fultz be an alternate member of the Historical Commission Board to be changed to Mayor Pro Tem Naish, as he was the one that made this suggestion. Mayor Pro Tem Naish also wanted the minutes of the May 23rd meeting to reflect the parallel swere line to Rustic Oaks and that the wastewater line to Newport Harber is not going to be a gravity flow line. Mayor Pro Tem Naish stated that Mr . Homeyer could help correct the statement on the $175,000 . for the engineering and why I felt that we needed to go out for proposals to see if we could save money. Motion was made by Councilman Akin to approve the minutes for correction. 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 . ACCEPTANCE OF LETTER OF RESIGNATION FROM MARTY STOVALL FROM THE PLANNING AND ZONING COMMISSION: Mr . Stovall has resigned from the Planning and Zoning Commission as he is moving out of town, and his term expires in July, 1989 . Motion was made by Councilman Messenger to accept the letter of resignation from Mr. Stovall . 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 , 347 Councilman Messenger - in favor , and Councilwoman Stemple - _ in favor. This motion carried with all in favor. REAPPOINTMENT AND APPOINTMENT OF 19 BOARD MEMBERS TO THE VARIOUS BOARDS OF THE CITY OF WYLIE: Planning and Zoning Commission - Motion was made by Mayor Pro Tem Naish to appoint Bobby Jennings and Richard Eckman and reappoint Bart Peddicord and Cecilia Wood to the Planning and Zoning Commission. Councilman Akin wanted to know if there were any of these names turned in some time back and never used , I am glad to see all of these people sign up for these boards. Councilman Akin said he would not endorse the nominations again unless we used the people that have signed up. Councilman Akin wanted to know if this one lady, Cheri Albin, was here and if she still wanted to serve on the Planning and Zoning Commission. Councilman Messenger said he talked with Cheri Albin and she is still interested and would also like to serve on the Park and Recreation Board. Mayor Trimble asked if the requirement for a builder or developer be on this board been taken care of with the above appointments. City Secretary said no, this has not been done. Councilman Akin said this board is a key board and I appreciate these that have come forward wanting to sever and the ones that are serving. This is not a friendship type board, but it is a board that needs people to be dedicated and plan for our City. Councilman Akin said he wanted to be sure the Council had not bypassed anyone wanting to serve on these boards . Councilman Messenger asked Mrs . Albin if she had a preference to one board over the other. Mrs. Albin said when she talked to Mr . Messenger, he asked me about serving on the Park and Recreation Board. Councilman Akin asked Mrs . Albin if she was still in real estate, as that would give her some back ground as to what Planning and Zoning needed . Mrs . Albin said she was not in real estate at this time. Councilman Swartz said several council members called several of these people and we did not try and talk them into moving to another board . Councilman Wright said he talked to some of these applicants and then talked with Councilman Messenger . Councilman Wright said it is important that these people shows an interest in the board they are serving on. Mr . Richard Eckman said if someone else is more qualified, then you should appoint them. Mayor Pro Tem Naish amended the motion to appoint Bart Peddicord and Cecilia Wood to another two year term which would expire in July, 1991 and Bobby Jennings to a one year term to expire in July, 1990 . 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 . 348 Park Board - Councilman Messenger made a motion to appoint Brian Glenn and Cheri Alvin and Mike Miller and to reappoint Joanie Zeeb, all for two year terms, which will expire in July, 1991 . 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 . Zoning Board of Adjustment - Mayor Pro Tem Naish stated that Mrs . Sue Neal would serve another term and that Mr. G. W. Gooding would serve another term. Councilman Swartz said Mr. Paul Gaddy is trying to sell and move to Garland. Councilman Wright said that Mr . Fred Bennett would like to serve and also Mr . Gerald Clark would serve again . Mayor Pro Tem Naish made a motion to appoint Sue Neal , G. W. Gooding and Gerald Clark to another two year term and to place Fred Bennett and Richard Eckman as alternates for two years . 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 . Construction Trade Board - Mayor Pro Tem Naish wanted to know if this board has ever met . City Secretary Carolyn Jones, said no. Mr . Roy Faires said no one has questioned my decisions, therefore there has not been a need for a meeting , and this board meets only as needed . Library Board - Councilman Swartz stated that Cathie Upshaw and Valerie Wiggins would like to continue serving on this board. Councilman Swartz made a motion to re-appoint Cathie Upshaw and Valerie Wiggins for a two year term expiring in July, 1991 and to appoint Jan Morgan and Barbara Jennings for a two year term expiring in July 1991 . 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 REQUEST FROM CHAMBER OF COMMERCE FOR JULY JUBILEE CELEBRATION TO BE HELD FROM JULY 8 - JULY 15, 1989 : This request consist of closing parts of certain streets for the parade and street dance and the parade route and also allowing the carnival to set up at the old police station. Councilman Akin stated that there were several complaints about the set up last year and that Jackson Street was blocked off and it affected some of the businesses. Councilman Akin said this needs to be addressed and looked 349 at and have the Chamber talk with all the merchants . Mayor Trimble asked if this was going to block off Jackson Street . Councilman Akin said yes for the carnival and parade. Mrs . Linda Hamer, representative of the Chamber , stated that she looked for an alternate place for the carnival but was unable to locate one. Mrs . Hamer also stated that Jackson St . would only be blocked at Oak & Jackson for the parade. The biggest problem was we were not prepared last year and that is why we have started earlier this year . Mrs. Hamer said she has talked with Lifeline and they have no problem with this set up. Mayor Pro Tem Naish wanted to know if the carnival has proof of insurance. Mrs . Hamer said they will have to show proof of insurance before Mrs. Jones will issue the permit. Mr . Fitzpatrick of the Chamber thanked the Council for their support . Motion was made by Councilman Akin to approve the request from the Chamber for the July Jubilee Celebration. 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 PROCLAMATION FOR NONDEPENDENCE DAY JULY 5 , 1989: This proclamation has been placed before Council at the request of the American Lung Association - Dallas Area. Motion was made by Councilman Akin to approve the proclamation for Nondependence Day July 5 , 1989 . Seconded by Councilman Wright. 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 . CONSENT AGENDA: The consent agenda consist of four (4) easements for improvements to the Wastewater Collection System, which are: Permanent easement - Thirsk Inc. Permanent easement - Jack Harvard & Jerry Hoagland Temporary easement - Mrs. A. J. Daughtery Temporary easement - Ms . Fredrick Veninga Motion was made by Councilman Swartz to approve the four easements for improvements to the Wastewater Collection System. 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 350 favor, Councilman Wright - in favor , Councilman Messenger - in favor, and Councilwoman Stemple - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ISSUANCE OF CITY OF WYLIE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION BONDS AND ALL OTHER MATTERS RELATED THERETO: Mr . James Johnson, Finance Director , said the public hearing is to show intention of selling of bonds in the amount of $200,000 for engineering and design of the improvements to the wastewater collection system. Mayor Trimble opened the public hearing and requested those with questions or wishing to address the Council about this matter to come forward and state their name and address for the record. There being no questions or comments at this time, Mayor Trimble closed the public hearing . APPROVAL OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF WYLIE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION BONDS AND ALL OTHER MATTERS RELATED THERETO AND A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A "PAYING AGENT/REGISTRAR AGREEMENT" : Councilman Akin wanted to know what kind of interest rate we would be getting . Mr . David Medanich said there is a schedule of interest rates before, but the City should get the 7% to 8% rate. Mr . Medanich stated that First Southwest had sought bids from a number of banks. Motion was made by Councilman Akin to approve the ordinance authorizing the issuance of City of Wylie Combination Tax and Revenue Certificates of Obligation Bonds and all other matters related thereto and a resolution approving and authorizing the execution of a "Paying Agent/Registrar Agreement" . 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 FOR PROFESSIONAL SERVICES FOR APPRAISALS OF PROPERTY FOR EASEMENTS FOR IMPROVEMENTS TO WASTEWATER COLLECTION SYSTEM TO BE DONE BY LANE AND ASSOCIATES: City Manager Charles Norwood state the proposal from Lane and Associates is for 33 assessments and totals $18 ,900 . City Manager Charles Norwood reminded the Council as well as the citizens that we are on schedule with the improvements to the wastewater collection system. The next step is to accept the donated easements by June 30th, then have Lane & Associates come in and do the appraisals on those properties that have not been donated . Staff recommends the firm of Lane and Associates for the appraisals of these properties. Councilman Akin stated that Lane and Associates has done a very good job for the City in the past . Motion was made by Councilman Akin to approve the firm of Lane and Associates for the appraisals . Seconded by Councilman Swartz . Mayor 351 Pro Tem Naish wanted to know if staff had allowed money for this firm to come in on the public hearings . This firm was present at the public hearings on the street assessments and did an excellent job for the City. City Manager Charles Norwood said there was money set aside for this. Mayor Trimble called for a vote on the motion to approve Lane and Associates. 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 INTERLOCAL MUTUAL AID DISASTER AND LAW ENFORCEMENT AGREEMENT BETWEEN THE CITY OF ROCKWALL AND THE CITY OF WYLIE: This mutual aid will benefit both cities in time of major problems. The City has several mutual aids with other cities regarding fire and staff hopes to build this mutual aid to other cities beside Rockwall and Wylie. Motion was made by Councilman Messenger to approve the mutual aid disaster and law enforcement agreement between the City of Rockwall and the City of Wylie . Seconded by Councilman Wright. 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. AUTHORIZATION FOR STAFF TO PROCEED WITH REQUESTING OF RFP FOR HAVING IMPACT FEE STUDY CONDUCTED: The cost of this study will be covered by the funds transferred back from North Texas Municipal Water District from Wylie Sewer System Construction Fund. Motion was made by Councilman Swartz to approve the authorization of an impact fee study. 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 . APPROVAL OF FINAL PAY REQUEST FROM XIT PAVING AND CONSTRUCTION IN THE AMOUNT OF $46,881 .40 FOR THE STREET RECONSTRUCTION PROGRAM: Mr . Ron Homeyer, Assist. City Engineer , stated that XIT has addressed all the items on the punch list and all have been done. Councilman Akin stated his concern about the abuse of the property on the corner , where they used the businesses restrooms and pulled equipment up on their property. Mr . Homeyer said all of this has been taken care of . Mayor Pro Tem Naish wanted to know about the side walks . Mr . Homeyer said the side walks were put in as planned and it was not on both sides of the street in an effort to keep cost down. Motion was made by Councilman Akin to approve the payment in the of $46, 881 .40 352 to XIT. 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 . CITIZEN PARTICIPATION: Mrs. Lois Swartz of 506 W. Jefferson, thanked the people for the new paved streets and they are beautiful , but where do the children walk. When we said side walks, we thought side walks on both side of the street, so you could walk from one end of the street to the other . I am real disappointed they are not there, we do not have side walks by the schools. We do not even have a crossing guard on Highway 78 to get these children safely to school and we can not get a bus . Somebody has to take the care of getting the children to school and for their safety. Councilman Messenger said we talked about putting a crossing guard at Highway 78 and we are going to try and put one there this coming year . Mrs. Swartz said she has had an ongoing problem trying to get the kids to school . I have been working with who every I can, I am here now to go public with this. Councilman Akin said he is concerned just as Lois is about the safety of our children. At one time we had a citizens safety committee that would come up with where our crossing guards should be, but we have lost this committee over the years . Mayor Trimble said staff needed to meet with the School and work with them on the number of crossing guards. Annette Naish of 512 Rustic Place thanked Mr . Johnson for putting a message on the water bills about the paper drive. The paper bin will be coming back the last week of June and be here thru July 3rd. Cecilia Wood of 515 Woodhollow stated she was re-appointed to the Planning and Zoning Board tonight and I just wanted to thank the Council for this, I am here to serve the citizens of Wylie. Councilman Wright stated that he learned a lot from Bart and Cecilia while he served on the Planning and Zoning Commission. COUNCIL DISCUSSION: Councilman Akin stated several months ago the fire department requested a rescue boat and it was purchased, have we changed the policy and responsibility of this boat. City Manager Charles Norwood said yes, staff met with Larry Allen and James Gilmore and it is working out for both to use the boat. Councilman Akin pointed out the letter from Lifeline , where the City was without ambulance coverage for 18 minutes. I think this is bad and needs to be looked into . Councilman Akin also wanted to know how many times we changed the sewer line from Southfork to FM 544 . Mr . Homeyer said he thought this had been addressed in a memo and I do not have the information with me. 353 Councilman Akin wanted to know if he had to have his notes. Mr . Homeyer said yes, with all that is going on I need to refer to my notes . Councilman Akin said the letter from Carl Riehn stating that Schmink and Jacobs had engineered the line for Southfork sewer improvements. Mr. Homeyer said they engineered it, but not for a gravity flow line and it will not work. Councilman Akin said his main concern is not to duplicate cost. Councilman Akin wanted to know if the work program with the Bomag was ready for this summer . Mr. White said yes, if the weather lets up. Councilman Akin said on the $125,000 on bonds for reconstruction of the streets, I would like an itemized list of expenditures. Councilman Swartz wanted to know if the sprinkler system in the park was ready. Mr . White said yes, I do not have the heads on the system because we have not completed the grade work yet. Councilman Swartz said we lost some trees because they did not get enough water . Mr . White said yes, some was due to the transplanting , and you take a chance on that. Councilman Swartz said that he realizes Council gave the citizens six years to pay out their street assessment, but could we ask them in our newsletter to go ahead and pay. Mr . Johnson said he has collected approximately $16,000 to date on the street program. City Manager Charles Norwood suggested we send out letters requesting them to pay out early. Councilman Wright stated he attended the Planning and Zoning meeting in Garland and they addressed the land fill that will be within our ETJ on the south edge of Wylie. This will de-value the land and homes in this area if and when this comes in. Councilman Messenger asked the City Manager if there was anything we could do. City Manager Charles Norwood said it is out of our jurisdiction and legally we do not have any say, but we can write a letter stating our position and that we object to it. City Manager Charles Norwood stated that on Tuesday, June 21st Elayne Mayes is going to Ft . Hood and it is regarding the proposal of moving national guard units to Lake Lavon on Corp . of Engineer property. Capt . Lee has requested a Council member go with them. Councilman Akin said he would try and go. City Manager Charles Norwood said that the state law changed about a year ago and requires each police officer to have at least 20 hours of training a year . There is a new program called TEC and we are trying it for three months. If it is beneficial to the City we can consider budgeting it next year . It is live television classes and can be conducted here at the police department. The officers watch the programs and then Austin sends out the test for the officer to take. This will keep their certification up to date and the approximate cost is $388 .00 per month, and compared to us having to send officers off to school , this is not very much. Mayor Pro Tem Naish wanted 354 to know if video tapes could be used. City Manager Charles Norwood said video tapes cannot be considered certified training. Councilman Messenger wanted an update on the resolution sent to County. City Manager Charles Norwood said the County Commissioners asked for more information, we have responded by letter with the answers . City Manager Charles Norwood said he called Judge Roberts this week, he was in a meeting and was to call me back. I have not heard from him yet . Councilwoman Stemple wanted to know the cost of the TML meeting that Councilman Wright is attending . City Manager Charles Norwood and City Secretary said approximately $500.00 for the seminar and motel room and meals. Councilwoman Stemple wanted to know what type of benefits could be brought back to the Council . City Manager Charles Norwood said there are sessions about the budget process, how to work with city managers and city staff . Councilwoman Stemple said she felt with the finances like they are, this expense was not needed. Councilman Wright said he was using his personal car and paying for the gas himself . When I come back I will have information for the Council. City Manager Charles Norwood said a big concern we have is the drainage problems, last week on East Brown, the water washed out a section of East Brown. Today Mr . White and Mr . Homeyer went to Grand Prairie for a meeting on obtaining federal funds. This area has been barricaded, but may have to close a section of this road before we can get the repairs done. Mayor Trimble requested that some one come out and look at the sound system. Mayor Trimble convened the Council into a special meeting prior to adjourning. This meeting is in reference to the money needed for the park program. Councilman Messenger said the volunteers are working in the park to put together some of the playground equipment on the weekend of June 24th and 25th. Council has to give permission for this money to be transferred to the regular park budget . Mayor Pro Tem Naish stated that the agreement between WSA and Council says the $3,000 . is to go to the parks for improvements, but can not be spend unless Council takes action. Mrs . Jill Tomek said Women' s League held their fund raiser and have given $1,200 to the park, and we are seeking donations from everyone. 355 City Manager Charles Norwood recommended the funds be moved to the Park budget, but not be spent until the Park Board votes on what to expend the funds for . Mrs . Tomek also requested to Council that Philip Bounds not be under the direction of the Public Works Director and I have mentioned this to Mr. Norwood. Councilman Messenger said when we discussed this last year in the budget, he was to work in the park. City Manager Charles Norwood said if we divide these responsibilities now, it has merit, but it has draws backs , you do not have the same cooperative spirit that we have now. Lets see what is going to happen. City Manager Charles Norwood said we will do our best to keep Philip in the parks, after I have looked at this I may change but I have to see the whole picture first. Councilman Swartz said he was hired for the parks, and he should be in the parks . City Manager Charles Norwood said he would get a list from the Park Board on what they would like to see done and go from there. Mayor Pro Tem Naish said the prior budget showed money in the park budget for salaries and yet they did not work in the parks . The Council asked for one person in the parks and not any where else. Councilman Wright wanted to know if the staff could take an ad out and thank all the people who have and are donating. Mrs . Messenger said we are putting pictures in the paper with things to do and help that is needed. City Manager Charles Norwood said write letters to all civic groups requesting some money be set aside in their budgets for the parks. APPROVAL FOR STAFF TO MOVE FUNDS FROM THE PARK IMPROVEMENTS CAPITAL FUND TO THE GENERAL FUND - PARK DEPARTMENT: A motion was made by Councilman Akin to approve the moving of the funds from the Park Improvements Capital Fund to the General Fund - Park Department. 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. There being no other matters for discussion, a motion was made to adjourn with all in favor . 356 /-... , - CHUCK MBLE, MAYOR ATTEST: `1) .1 aw`\\`;\\0 FtiilW///,,��// f O Lecretary � SEAL ( ;mow _ /rlununuu