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02-27-1990 (City Council) Minutes 42 CITY COUNCIL MEETING MINUTES FEBRUARY 27, 1990 The City of Wylie City Council met in regular session on Tuesday, February 27, 1990 . 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 Pat Stemple, Steve Wright, Jim Swartz, John Akin and Councilman Messenger arrived late, City Manager Charles Norwood, City Secretary Carolyn Jones, Finance Director James Johnson, Assist . City Engineer Ron Homeyer, and Code Enforcement Officer Roy Faires . Mayor Trimble called the meeting to order and Councilwoman Stemple gave the invocation which was followed by the Pledge of Allegiance led by Councilman Swartz . APPROVAL OF MINUTES OF THE FEBRUARY 13, 1990 COUNCIL MEETING: Councilman Wright corrected the meeting to reflect the answer to his question during Council Discussion on Council receiving agendas for Planning and Zoning meetings. It was noted that there was no answer given during this time of discussion at the meeting, but was answered prior to the meeting, therefore was not a part of the actual meeting . A motion was made by Councilman Akin to approve the minutes as submitted. 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, and Councilwoman Stemple - in favor. This motion carried with all in favor. APPROVAL OF RESIGNATION OF MICHAEL MILLER FROM THE PARK BOARD: Mr . Miller ' s term will expire in July, 1990 . A motion was made by Councilwoman Stemple to accept the resignation of Michael Miller from the Park and Recreation Board. Seconded by Councilman Akin. The vote was as follows : Mayor Trimble - in favor, Mayo 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 . APPOINTMENT TO PARK BOARD TO COMPLETE THE TERM OF MICHAEL MILLER : A motion was made by Councilman Akin to appoint Ronald Braswell to the Park and Recreation Board. Councilwoman Stemple said Karen Cain was interested in serving on one of our boards also . Councilman Wright suggested that this item be tabled until the Chairman of the Park Board could be contacted. 4 3 Mayor Pro Tem Naish seconded Councilman Akin motion to appoint Ronald Braswell . 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 - against, and Councilwoman Stemple - against. This motion carried with four (4) in favor and two (2) against. APPROVAL OF PROCLAMATION FOR MARCH 5 - 9 , 1990 AS TEXAS PUBLIC SCHOOL WEEK: Motion was made by Councilman Swartz to approve the proclamation for March 5 - 9 , 1990 as Texas Public School Week in Wylie. 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 , and Councilwoman Stemple - in favor. This motion carried with all in favor. PRESENTATION BY CHUB MORROW - VEHICLE STORAGE FACILITY : Mr . Morrow thanked the Council for their time. Mr . Morrow is moving his tire sale business from Highway 78 and FM 544 to Highway 78 and Marble Street. Mr . Morrow also has a storage facility on Parker Rd. that he is wanting to move to this location on Marble Street. Mr . Morrow said it is his opinion that the City does not have a storage ordinance. I have met with the City Manager and Code Enforcement Officer concerning this, they want to call this a junk yard, but I do not operate a junk yard, it is a storage facility. I have a copy of the State definition of a storage facility and it is a garage, a parking lot, or any type of facility owned by a person other than a government for the storage of parking 10 or more vehicles. It goes on to tell you how to get your license. You must have a fence and have lights around the facility. I would like to ask Council to allow me to operate this facility. Councilman Akin asked if this would be enclosed . Mr . Morrow said no, it would be behind the fence. Mr . Morrow also stated that you need at least 25 vehicles to have an auction sale and each time he had this number , he would hold an auction. Councilman Swartz asked in the fence you are referring to, would it be high enough to hide these vehicles . Mr . Morrow said you have to have at least 5 ft. to 6 ft . fences. Councilman Swartz wanted to know if any of these vehicles would be torn down for sale of parts. Mr . Morrow said no, I can not dismantle or sale parts off these cars on the property where this facility is located . Councilman Swartz also wanted to know if all that would be in plain view was the tire sales. Mr . Morrow said yes. 4 'l Mayor Pro Tem Naish stated that this item could not have --� action taken on it tonight as it was listed as a presentation. Mayor Pro Tem Naish said it could go on the next agenda. Councilman Akin asked Mr. Morrow if he had intended to just have it on the agenda as a presentation. Mr . Morrow said no, not really, I thought it was going on the agenda for your consideration. Mayor Pro Tem Naish wanted to know if Mr . Morrow operated a place similar to this in Rockwall . Mr . Morrow said yes, it is next to the Rockwall City Jail . PRESENTATION BY WYLIE VOLUNTEER FIRE DEPARTMENT ON COMPENSATION PAY WHEN INJURED WHILE FIGHTING FIRES : Mr . Steve Bisby, representative of the fire department, said the firemen have looked into putting compensation pay in their budget. Our concern is lack of disability if injured on the job, the worker ' s compensation now pays $100 .00 per week. We do not feel like this is sufficient. The firemen are asking that the City come up with a system where the City would pay the difference from regular salary and what worker ' s compensation pays. Today, the City has no program that pays for fireman ' s difference between worker ' s compensation and regular salary. We are asking that the City either set aside a certain amount of money to use for compensation or to look at a private disability policy for the firemen. Our proposal is that the Council look at a private insurance policy for the remainder of this budget year. In long term put together another program by the 1990 - 1991 budget year. Councilman Akin asked if the firemen had checked with other cities our size that are all volunteer and how they handled it. Mr . Bisby said not our size, but with the City of Pasadena. They have their own policy, but they have 200 volunteer fire fighters under a paid Chief and Assist. Chief . They have a private insurance and it costs them approximately $200,000 a year. Councilman Akin said he was talking about a city just like ours, no paid firemen at all . Mayor Pro Tem Naish said he did not want a fireman to get hurt and have any income, but we need to look at all details. Mayor Pro Tem Naish wanted to know if the volunteers we have in our Parks and Reserve Police are covered. City Manager Charles Norwood said only those named in our worker ' s compensation policy. Mayor Pro Tem Naish said Council needed to have a work session on this. Councilman Akin said that Council needed more information • --' before we have a work session. 45 City Manager Charles Norwood handed out to Council some information on how cities around us and some our size handled this situation. City Manager Charles Norwood said most cities around us pay $100 .00 to $250 .00 per week for injured volunteer fireman. Councilwoman Stemple said she would rather pay for a policy that would cover them, instead of having a law suite against us . Mr . Bisby said this is a new area and yet we feel it needs to be looked into. Fire fighting is the most dangerous job in the United States. Councilman Swartz said there are several other issues we need to put on the table in a work session, one is the ordinance pertaining to the trusses. Mr . Bisby said the firemen would like to come back to Council in thirty (30) days with a proposal . APPROVAL OF AWARD OF BID FOR PAINTING THE WATER TOWER : Mr. Homeyer stated that staff received three bids which are as follows : Paint by Rolling Spraying Water Tank Service Co. $38 ,580 .00 $38 ,580 .00 McCrea Water Tower $46,900 . 00 $46 ,900 .00 Alfred & Sons Const . Inc. $54,645 .00 $61,625.00 Mr . Homeyer stated that the firm of Freeman-Millican, Inc. has reviewed these bids and recommends to staff to go with Water Tank Service Company. Staff recommends the approval of the bid award to the low bidder , Water Tank Service Company. Councilman Akin wanted to know if they looked at the tank both inside and outside. Mr . Homeyer said the bid is for checking liner and complete inside of tower. Councilman Akin wanted to know if there was a guarantee. Mr . Homeyer said one year . Mr . Homeyer also stated that the painting is to be white tower and column with the maroon pirate logo. This is open for Council to change and put maroon on the column, but it will fade. Councilman Swartz wanted to know if the Nortex Tank Site would be ready. Mr . Homeyer said we are still completing the work but it will be pumping . 4 6 Mayor Pro Tem Naish wanted to know the time frame of not having water in the tank. Mr . Homeyer said approximately three (3) to four (4) weeks . The old tower behind the Lifeline Building will be on line for these three (3 ) or four (4 ) weeks. Motion was made by Councilman Akin to approve the bid award to Water Tank Service Company in the amount of $38 ,580 .00 . 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. Mayor Trimble recessed the meeting at 8:30 P.M. for Council to convene to another room for phone consultation with the City Attorney. Mayor Trimble reconvened the meeting at 8 : 50 P.M. APPROVAL OF A RESOLUTION SUPPORTING CLEANUP DAY FOR LAVON LAKESHORES ON SATURDAY, APRIL 7 , 1990 : A motion was made by Mayor Pro Tem Naish to approve the Resolution supporting Cleanup Day for Lavon Lakeshores on Saturday, April 7 , 1990 . Seconded by Councilman Swartz . Councilman Swartz also stated that a representative from Corp. of Engineers was present at the Chamber luncheon and give a presentation on the number of camp sites and picnic areas at the lake and of the improvements done over the past few years. Mayor Trimble called for a vote on the above 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, and Councilwoman Stemple - in favor. This motion carried with all in favor . APPROVAL OF A RESOLUTION FOR CLEANUP DAY FOR COLLIN COUNTY ON SATURDAY, MARCH 31, 1990: City Manager Charles Norwood said that Collin County has written a letter requesting this resolution and the City' s participation on this cleanup day. Councilman Akin wanted to know if staff had contacted BFI . City Manger Charles Norwood said yes, Jerry Cain from BFI is here tonight, as well as Bart Peddicord who is heading up the campaign for the City. Councilman Swartz wanted to know if BFI would pickup refrigerators. Mr . Cain said what we discussed was putting out containers and the people bring items to the containers . Mayor Pro Tem Naish said two years ago people put things out and BFI did not pick them up because of the weight. BFI A.7 cannot pick up batteries , but we are working on a place to take tires. City Manager Charles Norwood said Mr . Williams of BFI has told me that BFI would pick up refrigerators , hot water heaters, etc. Councilman Akin asked if the County was coordinating their cleanup day with BFI . Mr . Cain said no, the cities usually contact us not the County. Councilman Swartz said this is set for March 31st, when will the containers be brought out . Mr . Cain said on Friday afternoon. A motion was made by Councilman Swartz to approve the Resolution for Clean Up Day for Collin County on Saturday, March 31 , 1990 . 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 , and Councilwoman Stemple - in favor. This motion carried with all in favor . APPROVAL OF RESOLUTION PROVIDING FOR CERTAIN AUTOMOBILES USED BY THE POLICE DEPARTMENT NEED NOT BE MARKED AS CITY- OWNED VEHICLES: City Manager Charles Norwood said this was in accordance with the Article 6701m-2 which provides that upon approval of the governing body of a City, certain automobiles used by the Police Department need not be marked as city-owned vehicles when used for the purpose of performing official duties. Councilman Akin wanted to know how many cars would be involved. City Manager Charles Norwood said one car. Councilman Akin said they would not be used for speed traps. City Manager Charles Norwood said no. A motion was made by Councilwoman Stemple to approve the Resolution providing for certain automobiles used by the Police Department need not be marked as City-owned vehicles. 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 , Councilwoman Stemple - in favor . This motion carried with all in favor . APPROVAL OF ORDINANCE ESTABLISHING REGULATIONS FOR THE USE AND OPERATION OF ALARM SYSTEMS AND THE ORDINANCE AMENDING ORD. No. 84-19 , ABANDONED AND JUNKED MOTOR VEHICLES: City Manager Charles Norwood requested these items be tabled until the next meeting. Motion was made by Councilman Akin to table until the next council meeting . Seconded by Councilman Wright. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor , Councilman Akin 4. F3 - in favor, Councilman Swartz - in favor , Councilman Wright - in favor, and Councilwoman Stemple - in favor . This motion carried with all in favor. APPROVAL OF AWARD OF CONTRACT FOR CODE BOOK OF ORDINANCES: City Manager Charles Norwood said City Secretary received three proposals , which are as follows : Municipal Code base $10,500 . American Legal base $ 9.500 . Governmental Service base $ 8 ,500 . Staff recommends the award of contract to Governmental Service. A motion was made by Councilman Akin to approve the award of Contract to Governmental Service in the amount of $8,500 .00 . Mr . Pat Dillon of American Legal stated to Council that it is very important that there is a legal firm to be part of your code. American Legal does have an attorney come in and visit with your staff. Our bid has a clause that if pages are less than the number quoted , your price will be reduced. Mayor Pro Tem Naish seconded Councilman Akin' s motion to award the contract to Governmental Services in the amount of $8 ,500 .00 . 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 ONE HALF (1/2) THE COST ($18 ,040.00) OF ROAD MATERIALS TO PAVE ALANIS ROAD: City Manager Charles Norwood stated that this is an estimate from Collin County for materials only. In order to place this road on the county agenda for work, Council must agree to pay this $18 ,040. or one half of the material costs as this is an estimate. Mayor Pro Tem Naish wanted to know if this money would come out of the Street Improvement Fund. City Manager Charles Norwood said yes. Mayor Pro Tem Naish wanted to know where we are on acquiring the easements . Mr. Homeyer said we are working on this and we should have right-of-way by the time County is ready to begin work. A motion was made by Mayor Pro Tem Naish to approve the work order with Collin County stating that the City will pay one half the cost of materials, which has been estimated at 49 $18 ,040 . and this money will come out of the Street Improvement Fund. Councilman Akin wanted to know if this was temporary as this is a thoroughfare and should be a concrete street . Mr. Homeyer said it is temporary, it is to open the roadway from Highway 78 to S. Ballard. Councilman Swartz seconded the above motion made 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 PAYMENT REQUEST FROM SHIMEK, JACOBS, FINKLEA IN THE AMOUNT OF $1 ,921 .10: This payment request is in the amount of $1 ,921. 10 is for services rendered in the wastewater collection system improvements . Staff recommends approval . A motion was made by Councilman Akin to approve the payment request in the amount of $1 , 921 .10 to Shimek, Jacobs, Finklea. 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 PAYMENT REQUEST FROM FREEMAN-MILLICAN IN THE AMOUNT OF $7 ,600.00 : This payment request is for the Impact Fee Study and staff recommends approval . Motion was made by Mayor Pro Tem Naish to approve the pay request from Freeman-Millican in the amount of $7 ,600 .00 . 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 PAYMENT REQUEST FROM ELECTRICAL GENERATION TECHNOLOGY IN THE AMOUNT OF $4 ,990 .00 : Mr . Homeyer stated that this is the next to the last payment for Electrical Generation Technology. Motion was made by Councilman Akin to approve the payment request in the amount of $4 ,990.00 . 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 , and Councilwoman Stemple - in favor. This motion carrie with all in favor . APPROVAL OF PAYMENT REQUEST FROM CH2M HILL IN THE AMOUNT OF $12 ,479 .70 : Mr . iiomeyer stated that back in 1987 and first 50 of 1988 Council authorized CH2M Hill to do a study on Wastewater Collection System Treatment Plant. These invoices were for some reason not paid and when they were given to me, I thought they were duplicates. These are the originals and these invoices have never been paid and we need to take care of them. Mayor Pro Tem Naish wanted to know what fund they would be paid from. City Manager Charles Norwood stated the invoices would be paid from the two million dollar bonds. A motion was made by Councilman Akin to approve the payment request from CH2M Hill in the amount of $12 ,479 .70 . 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 REFUND OF OVER PAYMENT OF TAXES TO FIDELITY SAVINGS IN THE AMOUNT OF $656 .40 : Mr . Johnson stated that the title company paid these taxes at time of closing and then Fidelity Savings sent in taxe money. In accordance with the State Property Tax Code, council must take action on this item prior to the refund being made. A motion was made by Councilman Swartz to approve the refund of over payment of taxes to Fidelity Savings in the amount of $656.40 . 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, and Councilwoman Stemple - in favor. This motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing to speak to the Council to come forward at this time, state their name and address for the record and to keep their comments within five minutes. Mayor Trimble also requested that since there was a number of citizens wishing to speak on the school tax rollback, that only one person come forward and speak and if the group did not mind, Council would hear from Mr . Bob Thurmond. Mr . Bob Thurmond of 2500 McMillian Road stated that Council was to be commended for things done. I represent a group of concerned citizens on behalf of the School Rollback. I am soliciting your support for the defeat of the school rollback election on March 10th. You as a group represent the management team chosen by the citizens of Wylie, again you are to be commended for what you have done. Again, I would like to issue a challenge the school board and the city council to work together for a community. For example, P & Z and Council should help when development comes through to have future school sites donated instead of the school Ti5 having to buy land. I feel the school rollback has been clouded by personality, and efforts to correct management. The rollback election will not decide anything on management . The election on March 10th will decide if Wylie has the financial ability to continue an education system that not only provides standard programs but goes further and helps our students to be better prepared for the future. On May 5th, everyone will be able to decide on management on the school board and on the council . I urge you to listen carefully to some of our students . COUNCIL DISCUSSION: Mayor Pro Tem Naish requested the amended budget in March. City Manager Charles Norwood stated that the six months for mid budget would not be up until March 31st, therefore the amended budget would not come forward until April . Councilwoman Stemple said I have made many mistakes, but I have learned, we have a picture of past council , why not have a current picture. I would like to ask council to have a current picture made. Councilman Swartz said the person was very expensive and one of the council members was going to take the picture, but his camera broke and it has never been done. Councilman Wright stated regarding the ambulance proposal at the last meeting I ask Council to look and re-read this, there will be a work session on this when I return. Councilman Wright also wanted to see the delinquent taxes printed in the news paper . Councilman Wright also like for the train speed limits and blocking of intersections be brought back to Council . It was on the agenda back in April , 1989 . Councilman Wright also wanted an inquiry on a hand book of city services and also to look at name tags for the Council when they are out in the public representing the City. Councilman Swartz thanked all the Council members who came to the North Texas Municipal Water District meeting regarding the Regional Treatment Plant . We need all the support we can get. Councilman Messenger said he felt the meeting went very well and the presentations were very good from all the cities. Councilman Akin stated his appreciation for the Sanden open house and lunch. Councilman Akin also said there were a lot of pot holes around the City. I have had three or four people call and they are ready to sue the City for the pot holes on West Jackson and on College and Birmingham. Councilman Swartz said that public works was out filling holes this week. 5-2 Mayor Trimble recessed the regular meeting and convened Council into the conference room for a work session with (1 ) Commissioners Jerry Hoagland and (2 ) Development Corporation Board of Wylie and (3) plans for employee service awards breakfast. Mr. Jerry Hoagland said I am not here to tell you how to run your city, but it is beginning to affect my ability to do things for the City. It would be good if Charles and the Mayor would talk to Judge Roberts. Councilman Messenger said he talked with Ruben Delgado about what was bothering the people. Ruben said it was said that the council is not treating everyone equal . Mr. Tucker is asking us to lax our Sub-Division Ordinance just for them. There is nothing personal . Mayor Pro Tem Naish said the first time Mr. Tucker came he asked why didn' t we de-annex. Mayor Trimble said the issue of ETJ is not easy. Our ETJ is one mile and by our annexation of the lake it puts our ETJ out in his area. Our Council met with Princeton and we agreed to pull back for Princeton. Most of the area will be in Princeton in the future. How much do you want to enforce ETJ. This issue is how is it going to be developed , sub standard or by our standards. Councilman Swartz said we need to decide what we want to give up. Commissioner Hoagland said he understands what the Council is talking about . Councilman Akin said this is the first time the Court has ever gotten involved in this. Commissioner Hoagland said Sparky Beckham hired an attorney, David McCollum and they went to Bill Roberts and asked if Wylie could do this . Mr. Roberts told them yes, then he talked to me about it . It was forgotten and then Mr . Tucker goes to our Planning Board and they sent him to the Commissioners Court. Councilman Akin stated that the Court has always been supportive of the City keeping the lake area clean. Commissioner Hoagland said that it was only the property that is across the water. City Manager Charles Norwood said he would like to see a committee to go to County and talk with them. DEVELOPMENT CORPORATION BOARD OF WYLIE: Mayor Trimble stated that the discussion for the five member Board of Directors for the Development Corporation Board has been pulled as this needs to be in executive session. EMPLOYEE SERVICE AWARDS BREAKFAST : City Manager Charles Norwood said that there would be an employee breakfast on 53 March 20 , from 7 : 00 A.M. to 8:00 A.M. at Old County Steak House in Oaks Center . At this breakfast , staff will be given service awards for five, ten, twenty years of service, etc. , and there will also be perfect attendance awards given, plus safety awards. There being no other items for discussion, a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST : i / (1 ' / i 1==g L. —�