Loading...
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 . 458 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. 460 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. 461 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. 462 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 463 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. 466 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 ATTEST : OF Pliki :*);2e:' "// SEALz CAro yn Jon `s, Ctcretary t E