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08-22-1989 (City Council) Minutes 413 CITY COUNCIL MEETING MINUTES AUGUST 22, 1989 The City of Wylie City Council met in regular session on Tuesday, August 22 , 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 Pro Tem Bud Naish, Council Members Ortie Messenger , Pat Stemple, Steve Wright and Jim Swartz , City Manager Charles Norwood, City Secretary Carolyn Jones , Finance Director James Johnson, Assist. City Engineer Ron Homeyer, Code Enforcement Officer Roy Faires, and Chief of Police James Gilmore. Mayor Chuck Trimble and Councilman John Akin were absent. Mayor Pro Tem Naish called the meeting to order and Chief Gilmore gave the invocation and James Johnson led the Pledge of Allegiance. APPROVAL OF MINUTES FOR JULY 21ST AND 22ND AND AUGUST 1ST AND 8TH COUNCIL MEETINGS: Councilman Messenger added the following statement to the July 21st and 22nd minutes: Councilman Messenger said he would like to see a basketball court added , give citizens another recreational activity in the park and work to be done by the City crews with little expense. Councilman Messenger also added to the July 21st and 22nd minutes to promote two of our patrolman to minimum sergeants pay and hire two patrolman at minimum patrolman pay, this would be good moral for the police department . Councilman Messenger also asked if the Fire Department Budget included any additional items. City Manager Charles Norwood said no. Councilman Messenger said Fire Department should get items that they requested. Mayor Pro Tem Naish corrected the August 1st minutes to reflect under the General Fund decreased account #03310 - Parks - Chemicals by $3500 , instead of decrease by $500 . Motion was made by Councilman Messenger to approve the minutes of the July 21st and 22nd and August 1st and 8th minutes as corrected above. Seconded by Councilman Wright. The vote was as follows : Mayor Pro Tem Naish - 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. 414 APPROVAL OF PROCLAMATION FOR "RED RIBBON WEEK & DRUG FREE AMERICA" WEEK OF OCTOBER 22 - 29 , 1989: Mayor Pro Tem Naish read the proclamation which explains that the government wishes each entity to voice their concerns and support for drug free America. Each person can do this by wearing a red ribbon during this week. Motion was made by Councilwoman Stemple to approve the proclamation for "Red Ribbon Week & Drug Free America" week of October 22- 29, 1989 . Seconded by Councilman Swartz . The vote was as follows : Mayor Pro Tem Naish - in favor, Councilman Swartz - in favor, Councilman Wright - in favor, Councilman Messenger - in favor , and Councilwoman Stemple - in favor. APPROVAL OF PROCLAMATION FOR "NATIONAL CONSTITUTION WEEK" WEEK OF SEPTEMBER 17 - 23 , 1989: City Manager Charles Norwood asked the City Secretary to give a brief statement on some of the activities that staff is proposing in the event that Council approves this proclamation. City Secretary Carolyn Jones stated this proclamation has come from the government offices in Washington D. C. and is requesting each entity to participate in some type of activities for this special occasion. This is the Bicentennial of the United States Constitution, and there will be activities (such as a Bells Across America ceremony and a parade) during this week. Councilman Swartz stated some of the people he has talked to have been very receptive and we have called our representatives and congressmen to be our Grand Marshals in the parade on the 23rd of September . I think this is going to be a very good parade and people are getting very excited. Motion was made by Councilman Swartz to approve the proclamation for "National Constitution Week" week of September 17 - 23, 1989. Seconded by Councilman Messenger . The vote was as follows : Mayor Pro Tem Naish - 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 . ACTIVITIES FOR NATIONAL CONSTITUTION WEEK: This item was combined with the above item. INDUSTRIAL WASTE PROGRAM QUARTERLY STATUS REPORT: Mr . Ron Homeyer stated that staff is reporting to the Texas Water Commission as they have requested. We have been monitoring four businesses in Wylie, during the second quarter they have had some violations, but no penalties have been assessed to these businesses as of this date. Everyone is working toward a goal of compliance of the ordinance and not being fined at this time. Mr . Homeyer stated that each business is aware that they are subject to a fine. 4 1 5 Councilman Messenger asked Mr . Homeyer if this ordinance was on the books yet . Mayor Pro Tem Naish stated that the ordinance we have needs to be changed . Mr . Homeyer said the ordinance we passed in 1986 , it has a penalty up to $1,000 . but we have some areas in the ordinance that needs to be reviewed and amended. Mr . Homeyer stated that staff is at a point with these four businesses in our program to where we can apply the program to five or six other business. Councilman Wright wanted to know if the cost of the permit covered the cost of the program. Mr. Homeyer said the $100 . fee does not cover my time, other charges are being assessed to the business . APPROVAL OF GRAVITY FLOW LINE FOR SOUTHFORK MOBILE HOME PARK AND PRESIDENTIAL ESTATES - PART OF THE WASTEWATER COLLECTION SYSTEM IMPROVEMENTS: Mr . Roberts of Hunter & Assn. and Tom Stang of Hunter & Assn. were present to show the different routes for the gravity flow from Southfork Mobile Home Park to Highway 78. Mr . Roberts stated that their firm has the contract and it does not matter which way the city decides to go, the engineering cost will be the same. It would be to the City' s best interest to go from FM 544 to Highway 78 and not back to Steel Road . There is a main line at Highway 78 and the cost to continue to Highway 78 rather than go back up to Steel Road is very minimum. After the Council has made their decision on the route to take with this gravity flow line, then our firm will complete the plans and send them to the Texas Water Commission for approval . Mr . Stang stated there were several ways to take this gravity flow line, one was to leave Southfork Mobile Home Park and go through Presidential Estates, down FM 1378 and up FM 544 to Highway 78 this would be built for full development. Second was was to go from Southfork Mobile Home to Presidential Estates and down FM 1378 and back up FM544 to Highway but build only for partial development and in the future run a line parallel to this one. The third plan is to go from Southfork Mobile Home Park to Presidential Estates , down FM 1378 and back up FM 544 to Steel Road Industrial Park. If the Council goes with the first plan, it would eliminate the lift station at FM 1378 and FM 544 . Mayor Pro Tem Naish wanted to know the cost of operating a lift station. Mr. Homeyer said approximately $17 ,000 for operating expense and $15,000 for maintenance. 416 Mayor Pro Tem Naish wanted to know what staff recommended. Mr. Homeyer said to go with the gravity flow all the way to Highway 78 and build for full development . City Manager Charles Norwood said when never possible, you should stay away from lift stations . Councilman Wright wanted to know if the sewer line was large enough and would it be built for the future. Mr. Homeyer said this line size will be built for full development. Councilman Wright said there were two thoughts, one to build for now or build for future and save money in the long run . Councilman Swartz said it is a proven fact that anything in the future will cost you more than what you build today. By saving a few dollars we will end up spending more in the future to enlarge. Motion was made by Councilman Messenger to approve Plan A for the wastewater gravity flow line from Southfork Mobile Home Park to Highway 78 and build for full development. Seconded by Councilman Swartz . The vote was as follows: Mayor Pro Tem Naish - 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 A RESOLUTION OPPOSING THE LOCATION OF THE PROPOSED GARLAND SANITARY LANDFILL SITE: Mayor Pro Tem Naish read the Resolution into the record for the opposition to the proposed Garland Sanitary Landfill site. Councilman Messenger said he had received a call from Sue Dillard of Sachse and said they had formed a group and are fighting this landfill site. Councilman Messenger said that from a legal stand point , we have no say, but I am glad we are getting involved . Sue Dillard stated that we have been told by our attorneys that if we had a city speak out against this landfill site, it would be very helpful to our cause. We want to thank you for taking interest and supporting us . We have something to offer in return, a few months ago we did not know what to do, but today we are organized and we have leadership and we have working committees and attorneys . I have membership forms and maps and T-shirts and we would appreciate your support and everyone is welcome to join our cause. Councilman Wright said all of us are behind this group and I want to recognize Max Schied, who has also beeing working on this project. I give you all of my personal support. Councilwoman Stemple wanted to commend this group on their work. 417 Motion was made by Councilman Wright to approve the resolution opposing the proposed Garland Sanitary Landfill site. Seconded by Councilman Messenger . The vote was as follows : Mayor Pro Tem Naish - 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 AN ORDINANCE ESTABLISHING SPEED LIMITS ON A SECTION OF MCCREARY RD. , STONE RD. , EAST BROWN AND S. BALLARD STREETS: Staff has received this ordinance from the City Attorney, but there are some problems with it . Staff would request the Council to table this item until the next regular meeting . Motion was made by Councilman Swartz to table this item and place it on a future agenda. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Pro Tem Naish - 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 to table. APPROVAL OF AN ORDINANCE AMENDING ORD. NO 83-18 BY AMENDING SECTION 3 .02 ANNUAL INSPECTION FEES, TO PROVIDE AN ANNUAL INSPECTION FEE OF $10 .00 PER OCCUPIED MOBILE HOME PARK SPACE; PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE: Mr. Roy Faires, Code Enforcement Officer , stated this ordinance is the result of negotiations between Mr . James Johnson and some of the mobile home park owners , which come from a pending lawsuite. The original fee was for $20 .00 per mobile home space and after negotiations, the fee was lowered to $10 .00 per occupied mobile home space. Staff recommends approval of this ordinance. Motion was made by Councilman Swartz to approve the ordinance amending Ord. No. 83-18 . Seconded by Councilman Messenger . Councilman Wright asked Mr . Faires if he feels like it will help to have this on rental property. Mr . Faires said no, the law will not allow this on rental property. Mayor Pro Tem Naish called for a vote on the above motion. The vote was as follows : Mayor Pro Tem Naish - 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: There were no speakers at this time. COUNCIL DISCUSSION: Councilman Messenger made note that WSA has two of the ball fields fenced , feels the City should acknowledge them. Also Councilman Messenger requested that a letter be sent to Danny White for the autographed football donated for the pancake supper . Councilman Messenger also wanted to set up a work session on the priority list for the 418 1989/90 budget. Councilman Messenger wanted to know if the staff received the figures from Shimek and Jacobs on the regional treatment plant . City Manager Charles Norwood said that Mr . Shimek has not completed the figures, but we should have them next week. Councilman Swartz stated a few months ago a council member' s wife was having a garage sale and we had some problems about signs. There are a lot of signs up everywhere and I thought this was being taken care of, are we enforcing this . Chief Gilmore said he had had no complaints. Mr . Faires said they are getting permits but Chief and I have not had a chance to talk about this. If we could do this and then come back to Council . Councilman Swartz also stated that this was the weekend Mrs . Norwood would be moving here. City Manager Charles Norwood said one of the work sessions council discussed water deposits being raised to $100 . and reimbursing the citizen one half of the deposit at the end of the first year if they had not been late and had been an outstanding customer . Staff has informed me there is a problem with getting this on our computer and the same thing is true about the donation to the park fund. City Manager Charles Norwood also stated he had a very productive meeting with the other cities about the warrant officer . We have scheduled another meeting in two weeks. Mayor Pro Tem Naish stated that in the budget sessions Council had asked for proposals on firms to check for water losses. Mr. Homeyer said we have not gone out for proposals, we are in the process of putting together a program for checking for leaks. Mayor Pro Tem Naish also asked Mr . Homeyer about the list of property owners who will be involved on the wastewater collection system that the Council could contact regarding their easements. Mr. Homeyer said he has just received the easements and has not had a chance to do the list, but it will be ready next week. There being no other matters of business for discussion, a motion was made to adjourn with all favor. 4 -41 0270.4i nu+ nni Sud Naish, Mayor Pro Tem ATTEST : .�` 4 (pi��i aroly on s City Sec t y yam' ,ti