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07-25-1989 (City Council) Minutes 391 CITY COUNCIL MEETING MINUTES JULY 25, 1989 The City of Wylie City Council met in regular session on Tuesday, July 25, 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 John Akin, Jim Swartz , Steve Wright, Ortie Messenger, and Pat Stemple, City Manager Charles Norwood, Finance Director James Johnson, Public Works Superintendent Don White, Assistant City Engineer Ron Homeyer , Chief of Police Jim Gilmore, and Administrative Assistant Candi White. Mayor Trimble called the meeting to order and Police Chief Jim Gilmore gave the invocation. Mayor Trimble led the Pledge of Allegiance. CONSIDER APPROVAL OF MINUTES OF THE JULY 11TH MEETING. Councilman Wright said he had a correction to the statement he made which was in the next to the last paragraph on page 4 of the July llth minutes. He said his statement should have been that in light of Mr . Akin' s comments concerning long range planning, he could not let the evening pass without mentioning something about Mr . Norwood' s impact on the City Council . He continued to say that Mr. Norwood had stressed long range planning and cooperation from the beginning of his employment . Councilman Wright also expressed his appreciation for Mr . Norwood' s efforts and the example of leadership he brought to the Council . Councilman Messenger made a motion to approve the minutes with the above correction. The motion was 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 , Councilwoman Stemple - in favor . The motion carried with all in favor . CONSIDER ACCEPTANCE OF RESIGNATION OF KAREN CAIN FROM THE WYLIE HISTORICAL COMMISSION. Councilman Akin made a motion to accept the resignation of Karen Cain from the Wylie Historical Commission. The motion was 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 , Councilwoman Stemple - in favor . The motion carried with all in favor . 392 CONSIDER APPOINTMENT OF BETH FULTZ FROM ALTERNATE TO MEMBER OF THE WYLIE HISTORICAL COMMISSION. Councilman Akin asked if someone had checked with Mrs. Fultz to make sure she was willing to serve on the Commission. Mr. Norwood said that she was willing and that the Commission had unofficially appointed her but this vote would make it official , as this appointment did require Council action. Mayor Pro-Tem Naish made a motion to appoint Beth Fultz from alternate to member of the Wylie Historical Commission. The motion was 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 , Councilwoman Stemple - in favor . The motion carried with all in favor. CONSIDER APPROVAL OF A RE-PLAT OF LOTS 1, 2, 3, 4, AND 5 OF BLOCK A STONE GROVE PHASE I . Mr. Norwood told the Council that he had received a letter from Rob Dillard, City Attorney, in which Mr. Dillard recommended tabling this item, as it was necessary to hold a public hearing before the Planning and Zoning Commission on a re-plat before Council action was taken. Councilman Akin made a motion to table this item. Councilwoman Stemple seconded the motion. 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 , Councilwoman Stemple - in favor . The motion carried with all in favor. CONSENT AGENDA - THE FOLLOWING ITEMS ARE TO BE CONSIDERED AS ONE ITEM. THE COUNCIL MAY MOVE, BY MOTION AND SECOND, TO APPROVE OR REJECT ALL ITEMS CONTAINED WITHIN. ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM OR ITEMS BE PULLED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. IF SUCH A REQUEST IS MADE, THOSE ITEMS WILL OCCUR IN NUMERICAL ORDER IMMEDIATELY FOLLOWING THE VOTE ON THE CONSENT AGENDA. A. TWO EASEMENTS FOR THE IMPROVEMENTS TO THE WASTEWATER COLLECTION SYSTEM 1. DON KREYMER - PERMANENT EASEMENT 0.2274 ACRES 2 . DON KREYMER - TEMPORARY CONSTRUCTION EASEMENT CROSSING LOTS 5, 6, AND 7 BLOCK A PRESIDENTIAL ESTATES 393 Mayor Pro-Tem Naish asked if the minutes should reflect the amount paid for the easements . Councilman Akin felt that the amount should be stated and that the City should honor those who donated their easements and send a letter of appreciation to those people. Mayor Trimble asked Mr . Norwood to draft up something from the Council that would be very complimentary of the donated easements. Mayor Pro-Tem Naish made a motion to accept a permanent easement of 0 .2274 acres , and a temporary construction easement crossing lots 5, 6, and 7 , Block A Presidential Estates from Don Kreymer for which the City paid $1500.00 . The motion was 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, Councilwoman Stemple - in favor. The motion carried with all in favor . CONSIDER APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NUMBER 84-16 TO REQUIRE INDEMNIFICATION AGREEMENT FROM APPLICANTS FOR CARNIVAL PERMITS, REQUIRING PROOF OF PUBLIC LIABILITY INSURANCE OF AT LEAST ONE MILLION DOLLARS ($1,000,000) FROM CARNIVAL OPERATORS, PROVIDING DEFINITIONS FOR OPERATOR AND OWNER OF COIN-OPERATED MACHINES; PROVIDING AN ANNUAL OCCUPATION TAX FOR COIN-OPERATED AMUSEMENT MACHINES; PROVIDING EXEMPTIONS, PROVIDING A REMEDY FOR FAILURE TO PAY TAX; PROHIBITING SKILL OR PLEASURE COIN-OPERATED MACHINES WITHIN THREE HUNDRED FEET (300) OF ANY SCHOOL; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY CLAUSE, PROVIDING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND PROVIDE AN EFFECTIVE DATE. Councilman Akin said he felt this ordinance was important to provide safeguards to the City. Mr . Norwood explained that the main change was raising the insurance amount from $100 ,000 to $1 ,000 ,000 . Mayor Trimble added that he felt other safeguards had been included as well . Councilman Messenger asked if the ordinance would apply strictly to carnivals or to any business. James Johnson, Finance Director explained that it would apply to any business and that the ordinance does tract changes in state statute. Mayor Trimble added that he hadn' t heard of any problems with the carnival during July Jubilee this year . Councilman Wright commented that it was too congested for the location and asked citizen, Janine Hughes what she thought . She said it was much better than last year . Mayor Trimble stated that he would like for the Chamber of Commerce to give a 394 presentation to the Council later in the year regarding the 1989 July Jubilee. -•• A motion was made by Councilman Akin to approve the Ordinance amending Ordinance Number 84-16 . The motion was 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 , Councilwoman Stemple - in favor. The motion carried with all in favor . CONSIDER APPROVAL OF FINAL PAYMENT REQUEST FROM CUMMINGS & PEWITT, INC. IN THE AMOUNT OF $3,539.00 ON THE STREET RECONSTRUCTION PROGRAM. Assistant City Engineer, Ron Homeyer told the Council that they would find a summary of all invoices and the total amount on page 28 of their packets. Mr . Homeyer said that the project was completed and the total value was $800,000 . He also explained that the engineering cost was 7 1/2% of the total construction cost. Mr . Norwood asked what the total cost was. Mr . Homeyer said it was $450,000 for Birmingham St. and Stone Rd. and $250,000 for S. Ballard and Callie Court. Councilwoman Stemple asked if all work was complete. Mr. Homeyer said it was. A motion was made by Councilman Akin to approve final payment of $3,539.00 to Cummings and Pewitt, Inc. on the street reconstruction program. The motion was 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 , Councilwoman Stemple - in favor . The motion carried with all in favor. CITIZEN PARTICIPATION. The Mayor asked any citizen wishing to address the Council to approach the podium and state their name and address. Mr . Bart Peddicord told the Council that the V.F.W. was attempting to establish a post in Wylie and he was asking what they needed to do to park a RV vehicle by the old police station downtown for one day in August to station a recruiting officer there. Mayor Trimble told Mr . Peddicord that he didn' t see a problem with parking the vehicle there. He added that the V.F.W. was a good organization and would like to see a post in Wylie. Councilman Messenger asked Mr . Peddicord to let Mr . Norwood know what day they would be in town. 395 COUNCIL DISCUSSION. Councilman Akin said that several months ago the Council had discussed an ordinance regulating false alarms due to the costs involved in answering alarms. Police Chief Gilmore said he would see what had happened with it . Councilman Akin stated that he was very impressed with the library' s publication of the Creature Feature newsletter and that he felt there were many talented children in Wylie. Councilman Akin also said there seemed to be a problem with remnants from construction work being dragged onto vacant lots. He added that since the lots behind Taco Delite and McDonald' s had been mowed , the looks were unsightly. He felt that the City should look into passing an ordinance to protect these vacant areas. Councilman Akin said that the right-of-way on Hwy 78 was beginning to look like a used car lot. He felt again that the City should consider establishing an ordinance, as it was even difficult to mow the right-of-way with cars parked there. Councilman Akin told Public Works Superintendent, Don White that he saw thousands of red crepe myrtles along the roadway on his way back from Savoy and thought how nice it would look to have some in Wylie. He said he remembered Ralph Pinkus saying the City could have all the crepe myrtles they wanted. He asked Mr . White to contact Mr . Pinkus. Councilman Swartz thanked Carolyn Jones and Candi White for all the work at the budget retreat in Savoy the past weekend. Councilman Wright said he had nothing more than what Councilman Swartz had said. City Manager, Charles Norwood said he would like to thank the staff for their devotion to the budget. He said that he felt all did an outstanding job. Mr . Norwood told the Council that he had met with Jerry Hoagland, County Commissioner in a very productive meeting . He said that Mr . Hoagland had agreed to support the resolution reaffirming funds for Brown St . and McCreary Rd . He said however, that Mr . Hoagland had asked that Sanden Blvd. be deleted from the resolution, as he would have a conflict of interest and would be unable to vote. Councilman Akin said the City would have to replenish the bond money if it was moved , as the Commissioner ' s Court had earmarked it for Spring Creek Parkway. Mr . Norwood said he had heard that but had been unable to substantiate it. 396 Mayor Trimble explained that if the City got participation after the road was paid for the money would go back to the County. Councilman Akin told Mr . Norwood that he was glad to see that he was mending fences with the County. Mr. Norwood said the City should never forget the importance of Hwy 78 and should work closely with the Commissioner ' s Court for their assistance. Councilman Messenger asked that Mr . Norwood get the resolution amended. Mr. Norwood said he would have it on the next agenda . Mr . Norwood said he also spoke to Mr . Hoagland regarding the street seal coat program and he asked that the City send him a letter outlining the streets and he would take it to the Commissioner ' s Court. Mr . Norwood told the Council he would send the letter during the week. Councilman Akin asked if there was a limit placed on the streets. Mr . Norwood explained that the County normally only helps with County thoroughfares, but this request would have to go to the Commissioner' s Court since it was a deviation from County thoroughfares. Councilman Messenger said he appreciated seeing minutes from the Historical Commission. He said he would like to see more detailed minutes in order to know what they are doing . Councilman Messenger also reported that he had received a call from Wylie Sports Association. He said they were going to fence the Tibbals and Eldridge ball fields and there was another group who was going to fence Rowell Field. Councilman Messenger said he appreciated the budget session at Savoy and felt that it went very well and much was accomplished. He added that he appreciated the way Mr. Norwood presented the budget. Councilwoman Stemple said thank you to Mr . Norwood for the budget and said it was very easy to understand. She also thanked Carolyn Jones and Candi White for their work at the retreat . 397 Mayor Trimble gave his compliments to the staff . He said he had a good time and much was accomplished. He felt it was the most productive meeting ever and that the ground work was done. He added that the budget was tight, but he felt it was ready. Mayor Trimble thanked the staff for their time and the Council for their time. There being no further action the mee g . s adjourned . Chuck Tr imlb .�,'PCayor Respectfully Submitted, F C,„?.2,./A,d);-"---)V//24,1 tT Candi White, Secretary ' SEAL s