10-10-1989 (City Council) Minutes 457
CITY COUNCIL MEETING
MINUTES
OCTOBER 10, 1989
The City of Wylie City Council met in regular session on
Tuesday, October 10 , 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 Jim Swartz , John
Akin, Ortie Messenger , Pat Stemple and Steve Wright , City
Manager Charles Norwood, City Secretary Carolyn Jones,
Finance Director James Johnson, Assist. City Engineer Ron
Homeyer, Public Works Superintendent Don White and Chief of
Police James Gilmore.
Mayor Trimble called the meeting to order and Mr . Faires
gave the invocation which was followed by the pledge of
allegiance lead by Mr . White.
APPROVAL OF MINUTES OF THE SEPTEMBER 12 , 19TH AND 26TH
COUNCIL MEETINGS: Mayor Pro Tem Naish corrected the
September 26th minutes to reflect his statement during the
discussion of the pit bull ordinance to read as follows :
"that part of the problem was that we were miss informed ,
legislation had voted to appeal the special breed
ordinances, so therefore the pit bull ordinance was not in
effect , we did not know until the next day, the Governor had
vetoed the bill , leaving our ordinance in effect. City
Manager has asked Code Enforcement, Police Department and
Animal Control Officer to patrol this area to try and catch
this dog running loose. If anyone sees the dog running
loose, if they will come in and file a complaint, then we
can do something. We do not go out and bull doze
substandard houses, we give them a length of time to comply
with our ordinance. I think the city is trying to do
everything within its means to help you" . Mayor Pro Tem
Naish also corrected the spelling of skunk on the September
12th minutes. Motion was made by Councilman Akin to approve
the minutes with the above corrections . 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 .
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APPROVAL OF FILLING VACANCY ON PLANNING AND ZONING
COMMISSION: Motion was made by Mayor Pro Tem Naish to
appoint Richard Eckman to Planning and Zoning , term will
expire 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 PROCLAMATION FOR CANDI WHITE - EMPLOYEE OF THE
QUARTER ENDING SEPTEMBER 30 , 1989 : Motion was made by
Councilman Akin to approve the Proclamation for Candi White
- Employee of the quarter ending September 30 , 1989 .
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.
Mayor Trimble read the Proclamation as follows:
WHEREAS, Candi White has been selected as the City of Wylie
Employee of the Quarter ending September 30, 1989; and
--
WHEREAS, Candi White has been an employee of the City of
Wylie for four years and has served in numerous positions;
and
WHEREAS, Candi White has an exceptional attitude regarding
her position with the City and relationship with the
citizens and community; and
WHEREAS, Candi White is considered a very conscientious and
dedicated employee by all City employees; and
NOW, THEREFORE, I , CHUCK TRIMBLE, MAYOR OF THE CITY OF
WYLIE, TEXAS, do hereby proclaim Candi White as Employee of
the Quarter ending September 30 , 1989 .
Mayor Trimble presented the proclamation to Candi White
along with a savings bond.
PUBLIC HEARING ON THE REQUEST FOR A SPECIAL USE PERMIT TO
INSTALL GOLF DRIVING RANGE AND TEMPORARY OFFICE BUILDING:
This request is being made for Lots 1, 2 , 3 , 4 , & 5 of Wylie
Ranch East Commercial Park which is located on Highway 78
and Kreymer Lane. Mayor Trimble opened the public hearing
and requested those wishing to address this matter to come
forward and state their name and address for the record. --*
459
Mr . Roy Faires stated that the Planning and Zoning
Commission heard this request and recommends approval with
the following stipulations:
1. City Engineer should designate the appropriate location
for the entrance drive off of Kreymer Lane
2. Portable building on concrete slab not to exceed 1000
square feet
3. Seven 1000 watt light poles as shown on plans, not to
exceed three additional 1000 watt poles at the Code
Enforcement Officer' s discretion. The Code Enforcement
Officer shall have the authority to make adjustments in the
lighting direction if deemed necessary
4 . Business shall open no earlier than 9 :00 A.M. and all
business operations shall cease at 10: 00 P.M. with all
lights out by 10 :00 P.M.
5 . Minimum four foot, one inch mesh fence to be erected on
the North and East property lines around driving range
6 . Liability Insurance - minimum limits as advised by the
City Attorney
7. No outside speakers
8 . Specific use permit not to exceed 24 months from date of
approval .
Councilman Akin asked, prior to this person opening for
business, Mr . Faires, you will see that all of these
stipulations have been taken care of . Mr . Faires said yes.
Mayor Pro Tem Naish asked if two years was normal on special
use permit, thought it has been one year in the past . Mr .
Faires said it usually is for one year , but the Planning and
Zoning felt with the cost of putting in this project with
the above stipulations , the time period should be for two
years .
Mayor Trimble asked if the neighbors were notified . Mr .
Faires said yes and felt from the attendance at Planning and
Zoning they were all satisfied with the stipulations.
Mayor Trimble asked if there were any citizens wishing to
speak at this time. There being no other comments or
questions, Mayor Trimble closed the public hearing.
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APPROVAL OF THE SPECIAL USE PERMIT TO INSTALL GOLF DRIVING
RANGE AND TEMPORARY OFFICE BUILDING: This golf driving
range and temporary office building would be for Lots 1, 2 ,
3 , 4 , & 5 of Wylie Ranch East Commercial Park, which is
located on Highway 78 and Kreymer Lane. Councilman Akin
asked Mr . Faires if staff kept a record of when these
special use permits are up. Mr. Faires said we try. Motion
was made by Councilman Swartz to approve the Special Use
Permit to install golf driving range and temporary office
building with the above stipulations . 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.
PUBLIC HEARING ON THE REQUEST FOR A SPECIAL USE PERMIT FOR A
PORTABLE SALES OFFICE TO SELL FIREWOOD AND LANDSCAPE
MATERIALS AND PLANTS: This request has been made for the
property on 1. 34 Acres out of the E. C. Davidson Survey,
located on FM 544 east of Hardcast . Mayor Trimble opened
the public hearing and requested those wishing to speak to
come forward and state their name and address for the
record.
Mr . Faires stated that Planning and Zoning had heard this
request for the portable building. The sell of firewood and
landscape materials and plants can be done on this property
under its present zoning. Planning and Zoning Commission
did stipulate that the portable building must be tied down
and under skirted, and does recommend approval.
Mayor Trimble asked if there was anyone wishing to speak at
this time. There being no comments or questions Mayor
Trimble closed the public hearing .
APPROVAL OF SPECIAL USE PERMIT FOR A PORTABLE SALES OFFICE:
The property is on 1.34 acres out of the E. C. Davidson
Survey and is located on FM 544 east of Hardcast.
Councilman Akin wanted to be sure that this is well
landscaped and kept looking neat as it was one of the main
entrances to our city. Mayor Pro Tem Naish wanted to know
if staff had trouble with the other person that had the same
type of business there before. Mr . Faires said not to my
knowledge. Motion was made by Councilman Akin to approve
the special use permit for a portable sales office with the
stipulation that the portable building be under skirted and
tied down. 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 -
against - Councilman Wright - in favor, Councilman Messenger
- in favor , and Councilwoman Stemple - in favor . This
motion carried with six in favor and one against.
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APPROVAL OF A RESOLUTION SUPPORTING FURTHER PLANNING AND
DEVELOPMENT PLANS OF REGIONAL WASTEWATER TREATMENT PLANT:
City Manager Charles Norwood stated that the City of Wylie
is asking the Cities of Rowlett, Sachse and Murphy to join
in with us in the investigation of a Regional Wastewater
Treatment Plant. Sachse and Rowlett have approved this
resolution and there is a good possibility that Murphy will
approve this next Tuesday. The cities are asking North
Texas Municipal Water District to participate as a member of
the Policy Steering Committee and to work with the Committee
to determine the roll NTMWD will take in the development,
construction and operation of the regional facility. The
cities have made this request because of the experience
NTMWD has in wastewater treatment plants. Staff recommends
approval of this resolution.
Councilman Messenger asked if Murphy was questioned about
their financial commitment . City Manager Charles Norwood
said when Murphy passes this resolution, they are making a
financial obligation. The City of Murphy has paid for an
engineering survey a few years ago regarding their treatment
plant . Some of these plans were used in the survey done for
Rowlett, Sachse and Wylie. This may be the reason Murphy
did not feel they should pay on this first set of reports
and planning. City Manager Charles Norwood said there has
been $20,000 . set aside in this years budget for these
expenses. Motion was made by Councilman Akin to approve the
Resolution supporting further planning and development plans
of a Regional Wastewater Treatment Plant. 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 .
APPROVAL OF A RESOLUTION SUPPORTING PROPOSITION NO. 8 FOR
FUNDING CONSTRUCTION OF NEW CORRECTIONAL FACILITIES: City
Manager Charles Norwood said this item was tabled at the
last meeting until everyone could have the wording of
Proposition No. 8. This proposition will allow the
legislature to authorize the issuance of up to $400 million
in general obligation bonds. The resolution also states
that Council is encouraging the citizens to vote "yes" on
November 8th for Proposition No. 8 .
Councilman Wright stated that he attended the Collin County
Public officials meeting and the discussion was on the over
crowded jails. Basically what is going to happen is the
State is going to force County to take the prisoners from
the Texas Department of Corrections when they are full . It
would be best for each City to back this proposition on the
Nov. 8th ballot.
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Councilwoman Stemple said she was very supportive of this - .
resolution, but she would not tell anyone how to vote.
Motion was made by Councilman Akin to approve the Resolution
supporting Proposition No. 8 . 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 .
APPROVAL OF RESOLUTION NOMINATING CANDIDATES FOR THE BOARD
OF DIRECTORS FOR CENTRAL APPRAISAL DISTRICT : City Manager
Charles Norwood said this item was tabled at the last
meeting and staff was ask to contact the School District to
see who, if anyone, they had nominated. The School has not
nominated anyone at this time, but will support the names of
anyone Council wishes to nominate.
Mayor Trimble said he talked to Plano and Allen City
Managers and they have pooled together names for nomination.
These cities do an extensive review on these people to be
sure they are qualified in this field. I feel we can
support the parties they put on the ballot.
Councilman Akin said this has been going on for years, I
feel like we need to have an east county meeting with the
cities so maybe we can put someone on the ballot. There was
no action taken on this item.
STATUS REPORT ON WASTEWATER COLLECTION SYSTEM IMPROVEMENTS:
Mr . Ron Homeyer said in the last month we have made good
stride in keeping in line of awarding a contract in
December, 1989 . The plans have been delivered to the Texas
Water Commission on September 22nd and these are still being
reviewed by them. We have had no contact with them
regarding the plans, we were anticipating a response from
Texas Water Commission sooner than this. Staff is ready to
bring to Council a request to advertise for bids and to
open bids on the 16th of November and awarding a bid on the
28th of November so we can have a contract signed in
December , 1989. Currently we are waiting for approval from
the Soil Conservation Service for the crossing of two of
their easements with the sewer line. This item has to be
addressed as we are going through two of their reservoirs,
in order for us not to be responsible for these reservoirs,
we need approval of our plans from them. Councilman Akin
wanted to know who was president of this group. Mr . Homeyer
said Mr. Ernest Scholz . We have also submitted a request to
the railroad company for crossing their property as well as
we have sent the plans off to the highway department for
their approval . Staff has received about 15 of the
easements needed, there are several more that should be
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APPROVAL OF PAY REQUEST FROM HUNTER & ASSOCIATES FOR
ENGINEERING SERVICES ON THE WASTEWATER COLLECTION SYSTEM
IMPROVEMENTS: This payment request is in the amount of
$28 ,687 .50 . City Manager Charles Norwood said this is part
of the $60,000 amount agreed to in this contract . Motion
was made by Councilman Akin to approve the pay request in
the amount of $28,687 .50 for engineering services on the
wastewater collection system improvements. 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.
APPROVAL OF PAY REQUEST FROM LEON HURSE CO. FOR ACQUIRING
RIGHT OF WAY ACQUISITIONS FOR WASTEWATER COLLECTION SYSTEM
IMPROVEMENTS: This payment request is in the amount of
$3 ,400 . City Manager Charles Norwood said the total amount
of this contract is $13 ,400 . and up to this point Mr. Hurse
has completed 25% of his contract . Staff recommends
approval . Motion was made by Councilman Messenger to
approve the request for payment in the amount of $3 ,400 . to
Leon Hurse Co. for acquiring right of way acquisitions for
wastewater collection system improvements. 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, and Councilwoman Stemple - in favor. This
motion carried with all in favor.
CITIZEN PARTICIPATION: Patricia Love of 509 Kamber Lane
thanked Councilwoman Stemple and others for getting the
grass cut at Brown and Winding Oaks . Mrs . Love said her
only regret was that it took six and a half weeks to get it
done. I know that in the paper it said we did not
understand, but you have to understand we have children
playing in this area . Mrs . Love also wanted to know why her
husband could not put in an application for police reserve.
Chief Gilmore said he keeps no list unless we have an
opening and until I get the ones I have now trained , we will
not be asking for more.
Councilman Wright asked Mrs. Love what qualifications her
husband has for requesting application for police reserve.
Mrs . Love said he was a police officer in the City of Baton
Rouge for 8 years and is now applying for his private
detective license.
Mayor Pro Tem Naish said on this weed ordinance, we had a
meeting last Monday on this and we have hopefully laid out
some steps that will help speed up this process of getting
lots mowed.
464
Councilman Swartz said unfortunately sometimes the paper
only brings out certain parts of our meetings and you do not -0004,
get the entire picture. There are certain steps the State
sets out for us to follow on getting these lots mowed.
COUNCIL DISCUSSION: Councilman Akin requested an update on
Brookshires. Mr . Homeyer said staff has not heard recently,
but as far as we know they are still coming . City Manager
Charles Norwood said it has been about two months since we
last heard from them.
Councilman Akin wanted to know if staff had talked with Sgt.
Major Lee regarding the National Guard/Army Reserve units
coming to Wylie. City Manager Charles Norwood said we have
been calling each other, but have not been able to make
contact as yet. City Manager Charles Norwood stated that
maybe staff should write them a letter letting them know
that the City is in support of their moving here. City
Manager Charles Norwood stated there would be a resolution
for this on next Tuesday' s agenda showing the City' s
support.
Councilman Akin stated that in the City' s newsletter and in
the local paper, it listed a pool in the park with the other
items for grant. In the past the State would not let a pool
be part of the grant funding . City Manager Charles Norwood
said yes, it can be part of the grant funding if and when we
can apply for a grant . City Manager Charles Norwood said
the $1 .00 contribution will go out in the November billings
and I hope the monies received from these contributions will
be enough to begin some of the smaller projects for the
park.
Councilman Wright stated that the Council asked about an
inquiry from the newspaper on number of circulations within
the city limits, did we ever get an answer. City Manager
Charles Norwood said we called several but one news paper
received a letter requesting this, but never responded .
Councilman Wright stated that he was concerned about Mrs.
Love coming up with this statement tonight. Councilman
Wright said he would like to state that the important thing
here is the opportunity for public relations even if you are
not considering applications, there is an opportunity for
any man or woman being turned off from the initial contact
with the City. How many of our reserve officers are
actually riding in the cars.
Chief Gilmore said the problem is the city has to outfit
them, train them and it is very expensive and then they only
want to work on week ends. Councilman Wright said the
reason why I even brought it up was I was concerned about
the fact that our officers are working such long shifts and
that if we have a man that is qualified that maybe he could
465
completed in a few weeks, and there are some we will have to
recommend condemnation on. Mr. Homeyer also stated the
contractors are in the final clean up stage at the treatment
plant, the expansion is complete and is on line.
Mayor Pro Tem Naish wanted to know when we go out for bids
if the bid specs will be written to where contractors can
bid on the entire job or on sections. Mr . Homeyer said
there will be three sections, they can bid on the entire
project or one section. Mayor Pro Tem Naish also wanted
an update on the progress with San Antonio Savings & Loan.
Mr . Homeyer said at this point and time we have not heard
anything about the agreement we have sent it back to them.
City Manager Charles Norwood said he talked with them today.
Mayor Pro Tem Akin wanted to know when we go out for bids
will we have a time frame and a penalty clause. Mr . Homeyer
said yes .
Councilman Messenger wanted to know what the time frame was
on condemnation. City Manager Charles Norwood said it is a
long time, but once we start condemnation, the property
belongs to us .
Councilwoman Stemple asked Mr . Homeyer what the bid dates
were. Mr . Homeyer said advertise Oct. 23rd, receive and
open bids on Nov . 16th and award bids on Nov. 28th and
construction could start mid December.
APPROVAL OF AMENDMENT TO 1988-89 BUDGET REALLOCATING
REVENUES AND EXPENDITURES: Mr . Johnson, Finance Director,
stated that this reallocating of revenues and expenditures
is clean up on last years budget. This past year workers
compensation was raised some $28 ,000 after the budget was
adopted. Mr. Johnson stated that staff would be closing the
1988-89 budget tomorrow. Motion was made by Mayor Pro Tem
Naish to approve the amendment to the 1988-89 budget
reallocating revenues and expenditures. 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.
AWARD OF BID ON EQUIPMENT AT NORTEX TANK SITE: City Manager
Charles Norwood said that staff only received one bid , there
were five or six bid request sent out. It is very important
to get this tank on line. City Manager CHarles Norwood said
that the water tower could not be painted until this tank
was put on line. City Manager Charles Norwood stated that
there has been $20,000 budgeted, staff has spent $4, 285 , we
need an additional $8 ,285 . to meet this bid proposal and
staff is recommending that we use part of the $17,000
interest earned in this reconstruction fund.
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Councilman Akin said that shocked me when I saw only one
bid, is there no one that does that type of work.
Mr . Homeyer stated that it is a small project, and there is
so many areas of this project that others have done, and
the contractor will be responsible for all of this when he
begins this project.
Councilman Akin said it was to be on line in 1985 and is not
on line yet . Mr. Homeyer said yes.
City Manager Charles Norwood stated that this bid proposal
is giving a one year warranty and staff recommends approval
of award of this bid.
Councilman Wright wanted to know if staff has checked their
references and have they done work locally. Mr. Homeyer
said yes, they have done work for the North Texas Municipal
Water District, and the water district did give them a good
recommendation.
Councilman Swartz wanted to know if the contractors we had
before were not interested in coming back. Mr. Homeyer said
the problem with this is it is very technical and
specialized and there are not that many that can do this.
Motion was made by Councilman Akin to approve the award of
bid to Electrical Generation Technology in the amount of
$24 ,000 .00 . 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 .
APPROVAL OF PAY REQUEST TO SHIMEK, JACOBS, FINKLEA FOR
PRELIMINARY PLAN AND REPORT FOR REGIONAL WASTEWATER
TREATMENT PLANT: This pay request is in the amount of
$388 .12 and is one third of the invoice amount. City
Manager Charles Norwood stated this is one third of the
total invoice, as this was split between the three cities.
Motion was made by Councilman Akin to approve the request
for payment to Shimek, Jacobs, Finklea for preliminary plan
and report for regional wastewater treatment plant in the
amount of $388 .12 . 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 . .-.M
467
serve in some way for us. Chief said he would be glad to
talk with Councilman Wright after the meeting .
Mayor Pro Tem Naish stated that $2 ,000 was budgeted for
revenues from Code last year and Mr . Faires has collected in
excess of that.
City Secretary Carolyn Jones wanted to know how many of the
Council would be going on the tour of Comanche Peak on
Tuesday, to let her know tonight.
There being no other business for discussion, a motion was
made to adjourn with all in favor .
Chuck Trimble, P!'aIN)z
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