Loading...
07-18-1989 (City Council) Minutes 375 CITY COUNCIL WORK SESSION MEETING - MINUTES JULY 18, 1989 The City of Wylie City Council met in a called work session at 7 :00 P . M. on Tuesday, July 18, 1989 in the Council Conference Room 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, Pat Stemple, Jim Swartz , John Akin, and Steve Wright, City Manager Charles Norwood, City Secretary Carolyn Jones, Assist . City Engineer Ron Homeyer . Mayor Trimble called the meeting to order and Councilman Akin gave the invocation. DISCUSSION OF ADDITIONAL FEES DUE SHIMEK, JACOBS & FINKLEA FOR WORK DONE ON THE WASTEWATER SYSTEM: The amount of these fees is $43 ,190 . and is beyond the original scope of services outlined in the contract . City Manager Charles Norwood said he intended to have work session only with no action on this item. The City turned over several hundred thousand dollars to NTMWD for engineering work on our wastewater system. Shimek, Jacobs & Finklea had done the engineering work and went over budget. This occurred when Council changed the plans from the original design. It shows about $51 ,000 . still due this firm. There is no written contract for the additional work, but did have an oral agreement. Mr . Homeyer said the changes were discussed, but nothing was said about additional charges. Mayor Pro Tem Naish said the Council paid an engineering firm to do a study and they recommended putting in a storage tank until a later date. Mr. Homeyer said there were two options , a re-enforced line or building a square box chamber that would be laid in the line, either option would only take care of one hour of peak time. Mayor Pro Tem Naish said Mr . Carl Riehn came before Council and said put in the other line to take care of the problem. Mr . Homeyer said yes, plus other lines and repairs that come to $300 ,000 to $400,000 . Mr. Homeyer said looking at $250 ,000 additional charges plus replacing pumps at Southfork, but this would not fix the problem. Then the recommendation was a gravity flow from Southfork to FM 1378, through Presidential Estates and put in a lift station. NTMWD left with the feeling that Council wanted the gravity flow line and improve the lift station at the park. What was not brought out was this changed the scope of services and increased total monies due. Councilman Akin said what bothers him is that the firm should have known that the Council has to approve additional 376 expenses . Mr. Homeyer said they do, but time was running out and the firm had to finish up the plans and get them to Austin. Up until February they were within the budget, I am assuming these additional fees come in February and after . Mayor Pro Tem Naish said he thought these fees were for the total package and was not aware of additional services. Mr . Homeyer said TWC and himself did not at the time for see additional fees. Councilman Akin wanted to know if we contributed to these additional fees due to putting a rush on getting the plans completed by March deadline. Mayor Pro Tem Naish wanted to know if the plans were available for us. Mr. Homeyer said the plans are ours and we should be able to get them for Hunter & Assoc. to use. Councilman Akin asked Mr. Homeyer to explain the contract with NTMWD. Mr . Homeyer said the way the contract was written, NTMWD was in complete control of everything . Mr . Homeyer said the engineering firm worked for NTMWD not the City. Councilwoman Stemple wanted to know if the firm was just slow until close to deadline and then pulled everyone in to meet deadline. Mayor Trimble said it was not that simple, Council had made some changes . Councilman Akin asked Mr. Homeyer if he knew all the time there were going to be additional fees. Mr . Homeyer said no, I heard about it from Mr . Johnson. Councilman Wright asked how the Council can authorize this without a contract . Mayor Pro Tem Naish said it is professional services. Mayor Trimble said you have to ask yourself , did the firm do the job and was it worth it. Councilman Swartz said during work sessions you can be pro or con and someone else leaves the meeting thinking they are to do the work. But without Council action there is no obligation. Councilman Messenger said it seems NTMWD should have advised staff of this, it was their responsibility to over see this project . Mr . Homeyer said all of plan A has a complete set of plans plus specs for bid documents. Mr . Ross Jacobs and Ron Conway from Shimek, Jacobs and Finklea were also present at this meeting and made the following presentation . Mr. Jacobs said when the firm started there were two phases, phase one was for Sanden Int. and this one phase is complete, phase two was a preliminary plan done by another engineering firm, everything looked alright, except for the mobile home park, it called for new pumps in the lift station. When we come up with the design there were no pumps that would take care of the peak times. We brought this up to NTMWD and the City staff . Mr. Jacobs said we were told to give then some cost estimates on a force main from mobile home park to FM 1378. The other problem was improvements at the park lift station, to put in a system that would retain one hour storage during peak times . After a study was done, it was determined that this would not work without having over flows . The solution — for this was to gravity flow to Twin Lakes and then over to the treatment plant. Mr . Jacobs stated that Mr . Riehn, John Pitstick and Ron Homeyer met with his firm in October 377 and we gave then the construction cost for the changes. We were notified by NTMWD on January 23rd to go ahead with the pains. We thought NTMWD had met with the Council for approval . After this I put most of my staff on these projects in order to meet the March deadline. I notified Mr . Riehn of the over run of the project. I thought he would notify the Council . Mayor Trimble asked if any part of the over run was due to having to push to meet the deadline. Mr. Jacobs said he did not feel that it was what caused the over run . Councilman Wright asked Mr. Jacobs , you received all your orders from NTMWD and yet you said Mr . Homeyer called and said to go ahead . Mr. Jacobs said yes, but I also called Mr . Parks at NTMWD and he said to go ahead also . Mayor Pro Tem Naish said no one told Council that there would be additional engineering fees. This was a package deal of $1 ,083 ,000 . Mayor Pro Tem Naish wanted to know if there was any workable figure since the City was not the only one at fault. Councilman Akin said maybe Mr . Jacobs, Mr . Riehn and the City Manager and Ron Homeyer should get together and work out this problem and then let staff recommend a solution to Council . Council thanked Mr . Jacobs for coming and explaining what had happened. PRESENTATION BY MR. C. T. BECKHAM ON THE WYLIE ETJ AREA AROUND LAKE LAVON: Mr . Beckham introduced several people that lived in this area around Lake Lavon. Mr . David McCall , Attorney, represented the people. Mr . McCall said Wylie annexed a large area of Lake Lavon to help patrol on week ends and in doing this they enlarged their ETJ. We feel this has created some problems and hardships . One person wanted to sell a portion of his property but could not because of the City' s sub-division regulations. He would have had to put in a concrete street. This was not feasible. Mr . Beckham has 104 acres and would like to sub- divide and develop under Collin County Sub-Division regulations. We would like to ask the City to reconsider these regulations, not the annexations , as it is hurting the Culleoka Water Supply Co. , because no one is developing and therefore they can not sell water . Mr . McCall stated that Article 974A Section 1B stated that a city can say that properties do not fall under sub-division regulations or can voice that the properties fall under County sub-division regulations . We are here tonight to asked the Council to put this area under the Collin County Sub-Division regulations . We are also asking that the City of Wylie put together a committee to study this problem. 378 Councilman Akin asked Mr . McCall what kind of enforcement Collin County had. Mr . McCall said none, there is a state law that says you have to come under County subdivision regulations provided the property is not within a City or ETJ of a City. City Manager Charles Norwood asked what the County sub- division regulations were. Mr . Beckham said no concrete streets, septic tanks instead of sewer. When you are developing one acre sites , which is the minimum because of the septic system, your cost for developing is a lot more with City standards. Councilman Akin asked Mr . Beckham how long ago did he acquire the 104 acres . Mr . Beckham said about four (4) years ago. Councilman Messenger said the problem we have if we relax the rules, later the City inherits the property and then we have the problems. Councilman Wright said the reason for ETJ is to protect the land, it maybe be annexed by another City later, but until then it is protected . Councilman Akin said that representatives from Wylie and Princeton met several times and talked about this line. Corp. of Engineers asked Wylie to help so we could clean up some of the lake areas. Mayor Pro Tem Naish said we talked about this when Mr . Tucker come before us to request the Council to relinquish our ETJ. Council was told then that the County did not want this, it had to come under City' s ETJ rules. Mayor Trimble said that the Council was hoping that Princeton comes forward in the future, become a Home Rule City and take over this area. Hopefully they will have the same regulations. Mr . McCall said the City has the opportunity to say this can come under the County instead of the City regulations. Councilman Wright said the reason for ETJ is for the good of all , not to make problems . 379 Mr . Beckham ask the Council to go home and think about this. The sub-division regulations are stiff for ETJ and all we are asking is to be released from these regulations in the ETJ area. Mayor Trimble told Mr . Beckham that Council would take his comments under consideration at a later meeting and thanked everyone for coming. REPORT FROM STAFF ON THE EASEMENTS FOR THE WASTEWATER COLLECTION SYSTEM: Mr . Homeyer gave Council a copy of a letter to Tom Lane giving him the list of people whose property will have to be appraised for the wastewater collection system improvements. There have been 11 easements donated, there are three more staff is working on. There will be 24 properties that will have to be appraised by Mr . Lane' s firm. Mr. Lane has until August 2nd to appraise these properties. Mayor Trimble recessed the open meeting at 9 : 30 P.M. and convened Council into Executive Session under the Authority of Article 6252-17 V.A.C.S. , Section 2 paragraph "g" Personnel Matters . Mayor Trimble reconvened Council into ope ess ' n at 10 : 25 P.M. , there being no other items for isc on , a motion was made to adjourn with all in favo . Chuck T or ATTEST : OM / _") ) �' i � - y �. z SEAL Carolyn Joni\fr Ci retary //// *���i� C 1 E, TE�� q/IIuIMpfU%"t*.