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
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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
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Carolyn Joni\fr
Ci retary
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