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03-27-1990 (City Council) Minutes 67 CITY COUNCIL MEETING MINUTES MARCH 27, 1990 The City Council of the City of Wylie met in regular session on Tuesday, March 27 , 1990 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 Ortie Messenger, Steve Wright, Jim Swartz , Pat Stemple and John Akin, City Manager Charles Norwood, City Secretary Carolyn Jones , Code Enforcement Officer Roy Faires and Finance Director James Johnson. Mayor Trimble called the meeting to order and Councilman Wright gave the invocation which was followed by the pledge of allegiance led by Councilman Akin. APPROVAL OF THE MINUTES OF MARCH 13 , 1990 COUNCIL MEETING: There being no corrections or additions to the minutes , a motion was made by Councilman Akin to approve as submitted . 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. ACCEPTANCE OF RESIGNATION OF BILL EMSOFF FROM PARK AND RECREATION BOARD: Mr . Emsoff ' s job is transferring him to another State and therefore he has submitted his resignation form the Park and Recreation Board. Motion was made by Mayor Pro Tem Naish to accept the resignation of Bill Emsoff from the Park and Recreation Board. 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 . PUBLIC HEARING ON RE-ZONING REQUEST OF F. 0. BIRMINGHAM LAND BOARD FOR LOTS 13, 14 , AND 15 , BLOCK 3 OF BROWN & BURNS ADDITION : Mayor Trimble stated as Chairman of that Trust , I have been involved in the re-zoning case and it has been very political battle. I would like to excuse myself from this discussion, the public hearing and the action item since I have been involved . We ask for B-1 zoning on staff recommendation, without realizing the problem with B-1 and outside sales and gasoline sales . We would like to go with Retail if possible. Mayor Trimble turned the meeting over 68 to Mayor Pro Tem Naish at this time, and requested Mayor Pro Tem Naish to come an get him when this item and item no. 4 is completed, I will be in the room right next to the Council Chambers. Mayor Pro Tem Naish, said Mayor with the statement that you just made and with the letter from the Attorney saying there was no conflict, I would request that you remain. Councilman Akin said there is a question also on the ethical end of this, maybe not on the legal end of it, but I feel like he owes dignity to that position. Mayor Trimble said it was a touchy issue and rather than subject either myself , the City Council , or the Land Board, all three that need respect and out of that respect I am going to dismiss myself . I think it is more important to remove all doubt about it. Mayor Pro Tem Naish opened the public hearing and called on City Manager for a report from staff . City Manager Charles Norwood said Planning and Zoning met on this and have recommended denial by a 4/2 vote on B-1 zoning. Council can do one of four things tonight, (1) over ride and approve the B-1 zoning with a super majority, (2) turn it down, (3) to approve request but as Retail Zoning , or (4) refer it back to Planning and Zoning and ask for them to look at Retail Zoning . Councilman Akin stated that we should hear this out before going back to Planning and Zoning and when it comes back from Planning & Zoning , we can hear it again. Mr. Bill Lewis 2614 S. Glenbrook, Garland, stated that he represents the Land Board at their request. Mr . Lewis also stated that he owns property in Wylie and that he has a big interest here in Wylie. I have placed a map of the downtown area from the City' s Master Plan, Ballard Street is showing B-2 and SF 3. There is a convenient store with gasoline across Jefferson Street from this location, Johnston' s Mfg. across Ballard Street and on the corner of Brown and Jackson Streets there is multi-family. I talked with Planning and Zoning and they wanted to know about the traffic and spot zoning. Planning and Zoning ruled out it was not spot zoning . Jefferson St. is 70 ft. wide and separates this property from the convenient store, Ballard St . is 70 ft. wide and separates this property from the houses across the street. This property is 100 feet from the house in front of it. Entrance and parking come off from Jefferson Street, which is at the back of this property. This is a state highway and there is going to be traffic, we would not be ... disturbing the area with traffic. I have listen to the neighbors and realize they want to keep their homes and to live there. We do not want to disturb them or hurt them, we 69 ask they come to us and we will work with them. Mr . Lewis stated that Planning and Zoning asked why the Board waited so long to seek zoning . Mr . Lewis said for several reason, after we obtained the house we had a law suite and was remodeling and begin to work on plans for the future. We felt it was what was best at that time. I apologize for us waiting so long , we did not mean to cause a problem or hurt anyone. The Master Plan has covered this area . We are in downtown Wylie. It is residential but we would appreciate your consideration of what is best for this area in zoning. Mayor Pro Tem Naish asked what the total use of the property was going to be. Mr . Lewis said for the Land Board office, and would like to use the front for leasing out office space, for the Chamber of Commerce to use and for the Economic Development Board to meet in. Mr . Birmingham wanted domestic training for the students, if we can get future development for the trades area in Wylie by using these offices, then we are helping the students. Councilman Messenger wanted to know what the use would be if the zoning stayed residential . Mr . Lewis said for office space for Land Board. Councilman Akin said the Chairman of the Land Board was aware in January that you needed to have it re-zoned. The Code Enforcement Officer informed him of this in January. Councilman Akin asked Mr . Lewis where they met now. Mr . Lewis said at the hospital lobby, at City Hall , at the Family Clinic lobby and sometimes at Mr . Trimble' s office. Councilman Akin asked Mr . Lewis if he knew Mr . Birmingham. Mr. Lewis said no. Councilman Akin said I knew Mr. Birmingham and the trust did not start in 1940 , but it was started in 1930 and 1931 . Councilman Swartz said the Land Board in the back office, what are you using the rest of the rooms for . Mr . Lewis said if we cannot lease the rooms, them we will use them like the Meadows Foundation does , such as the Historical Society or benevolent group. We do not want a lot of traffic, as we want a low impact area . Councilman Akin stated that it was asked at Planning and Zoning that the reason for the re-zoning request was in order for the Board to sell the property. Mr . Lewis said I do not remember that statement, but if the property comes up with an offer, I would think the Land Board would consider if the price was right . It is not our intention to sell . Councilman Swartz stated that he had asked that question about selling the house and I thought it was bought for investment, and as an investment I was trying to see where it was coming back to the children ' s benefit . 70 Mr. Lewis said there are no definite plans until you get the property zoned and if the zoning does not go through, then you go to plan B. One of the problems that would be solved is that when you have a question about the City, you come to City Hall, and if you have a question about the School , you go to the School Administration Building, but you do not have anywhere to go if you have a question about the Land Board. Councilman Akin said a lot of people do not understand, it has been handled like a secret organization . Mr. Lewis said it is a private organization, not secret, but it is not public. Mr . Lewis also stated that there was a big difference between secret, private and public organizations. Mayor Pro Tem Naish said I have heard you have had people wanting to have wedding receptions there. Mr . Lewis said yes, but we are wanting low impact and traffic on a day to day basis. It would be a nice place for a wedding reception. Mayor Pro Tem Naish said possibility of Chamber moving in and where they are now is rent free. Mr . Lewis said we would like to see the Chamber but it would be left up to the Board on cost . Councilwoman Stemple said a low impact, how do you intend making revenue. Mr. Lewis said the type of people coming in .� would be making a direct impact on the City. Councilman Akin stated , when you bought the property , were there no plans. Mr . Lewis said yes, just for office space for the Land Board. City Manager Charles Norwood said in January, the citizens voted to have a sales tax increase, part of which would go for economic development, could the Economic Development Committee use these facilities. Mr . Lewis said yes , we would welcome them. City Manager Charles Norwood asked Mr . Lewis what his position with the Land Board was . Mr . Lewis said I am their investment consultant. I purchase the Bonds , C.D. , Treasury notes, etc. for the Land Board. Mayor Pro Tem Naish stated that he has read through this but it appears that after hundreds of thousands of dollars have been spent, you are asking for justification. Mr . Lewis said no, I am asking for zoning. Mayor Pro Tem Naish said there is a fifth option, that is for Council to go back to Planning and Zoning and work out a zoning for Professional Offices. I do not know the time frame on this. Councilman Messenger said they waited for 14 months so waiting a little longer will not hurt, the Board should have -•� went for the zoning first. 71 Councilwoman Stemple said you knew from day one what you wanted to do with the property and the law suite did not happen over night, so you had time to go to Planning and Zoning to get the zoning. Mayor Pro Tem Naish said the thing is, that you can move into it for your office space and Land Board meetings . Mr. Lewis said he did not know the code. Mayor Pro Tem Naish said under regular residential , the Birmingham Land Board can hold their meetings there. Councilman Akin said you can not do it under that zoning. Mr . Faires said the zoning ordinance defines the home occupation as one that is conducted only by the members of the family living in the residence, without employing from the outside the home. Councilman Swartz said if this had been private investors buying this property, they would have went for zoning first and not waited 14 months. I believe the Board felt this would be forced through. Mr . Lewis said there was never the intention of forcing it through. Councilman Akin said that is a good point, because Planning and Zoning and this Council has to try their best to treat everyone alike. If we do something for one, we have to do it for everyone. I appreciate the Planning and Zoning, as they do a lot of work and study on putting these things together and I will uphold and go with what Planning & Zoning recommends . Councilwoman Stemple said we have to respect our Planning and Zoning Commission, that is why they are there. Councilman Akin said what I am getting here is that we sympathize with you, but why wait the 14 months, I think that is the key. Councilman Wright made the following statement, I have had some time to think about this , concerning the Mayor ' s absent, I do believe in the dignity of the office, but I also believe that there is a responsibility of office. The Mayor is the key figure in the Trust and he was the one that wrote the newspaper articles and for him to excuse himself when all these citizens are out here and would like to address the Council , my opinion is it is not fair to these citizens and I think we ought to bring the Mayor back in and allow these citizens who want to addresses the full Council can do so . Councilman Akin said the Mayor dismissed himself . Councilman Wright said he was not for that at all the citizens have a right to address the full council . Mayor Pro Tem Naish asked those wishing to address the Council to come forward at this time. 72 Mrs . Rita Smith, 401 N . Ballard, stated on behalf of myself and my neighbors, I ask the Council to honor the Planning and Zoning denial for zoning. This is an old residential area. This is a beautiful property, but lets keep it a beautiful residential area. There are other commercial areas so lets look at those prior to re-zoning this property. The Book Club and Garden Club have nice places to meet and at times there is a need for parking 50 cars , this house will not allow 50 cars . We the people of Brown and Burns Addition ask that you find with Planning and Zoning and deny this zoning. Mr. James Parker, 306 N. Ballard, stated I moved in there over fifty years ago, I am against the zoning of Business as after one property is re-zoned, other begin to request the zoning changes. Marie Dillehau of 307 N . Ballard, I do not want this re- zoned for Business . I have lived in Wylie all my life and I want it to stay just like it is. Mr. John Spillyards, 301 N. Jackson, I wanted to speak and urge you to approve this zoning . What is done is done. I want to speak to you regarding a letter that has been submitted to both the newspapers , as for the Brown/Kreymer House, this land mark property more than any in Wylie represents the history of this City. School children for generations to come will be more aware of our heritage because of the Birmingham Trust. The restored land mark was never intended as a private office for five men as some have suggested , but as a most valuable resource for this City. As a member of the Chamber of Commerce I applaud what is now a beautiful land mark to the City of Wylie. As a home owner, I am thrilled of this obvious example of how our City can be identified with this beautiful home, as a taxpayer I am pleased to know that this property will attract businesses to our City, thus adding to our tax roll . As a proudly involved citizens of our town, I am delighted for this project , as it has not cost the City nor the School District one penny of their tax dollars. As the years go by, and the Brown/Kreymer House is used for meetings and special occasions , hopefully the citizens will look back and applaud the unselfishness of Chuck Trimble and the members of the Land Board , who without pay and seemingly with out any express of gratitude, they have accomplished a work for Wylie that will long out live them and their detractors . I am the Chairman of the Historical Commission of Wylie and a member of the Historical Society Club, I urge you to vote for this re-zoning . Karen Klugh, 509 N. Ballard, I knew of the intent of this house when I moved in. It did not stop me from moving in. They may be late requesting zoning , but if it is not re- zoned, it will be hard for them to collect on this . I have 73 cars in front of my house on Saturday and Sunday from the Catholic Church and I do not complain. I also do not like someone speaking for me, when I was never contacted by anyone in the neighborhood to ask my opinion. As I said before, I knew the house was there when I moved in and it did not stop me from moving in. There being no other comments, Mayor Pro Tem Naish closed the public hearing . APPROVAL OF RE-ZONING REQUEST OF F. 0. BIRMINGHAM LAND BOARD TRUST FOR LOTS 13 , 14 & 15, BLOCK 3 OF BROWN AND BURNS_ ADDITION: This re-zoning request is for Business One (B-1 ) and this property is located at 301 N. Ballard. A motion was made by Councilman Akin to follow the guidelines of Planning and Zoning and deny the re-zoning request for Business - One. Seconded by Councilman Swartz . Councilman Messenger said there are good points for this re- zoning but I have to agree with Councilman Akin. Mayor Pro Tem Naish said he would personally like to see the Land Board take it back to Planning and Zoning and request re-zoning for Retail . Mayor Pro Tem Naish called for a vote on the above motion. The vote was as follows : 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 to deny with six in favor . Mayor Pro Tem Naish called for a five minute recess, in order to call Mayor Trimble back into the meeting . Mayor Trimble called the meeting back to order . PUBLIC HEARING FOR POOLE FEED SUPPLY FOR LOTS 1 & 2 , BLOCK 20 RAILROAD ADDITION FOR A SPECIAL USE PERMIT : Mayor Trimble opened the public hearing and stated those wishing to speak to come forward at this time. City Manager Charles Norwood said this is a renewal of a Special Use Permit and Planning and Zoning recommends approval with an 18 month renewal date. Councilman Swartz stated that there was only one problem, that cars have appear from time to time to be sold. Mr . Faires said this has been taken care of. There being no one wishing to comment on this, the public hearing was closed. APPROVAL OF SPECIAL USE PERMIT FOR OUTSIDE SALES FOR POOLE FEED SUPPLY FOR LOTS 1 & 2 , BLOCK 20 , RAILROAD ADDITION: Motion was made by Councilman Messenger to approve the Special Use Permit for 18 months . Seconded by Councilman 74 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. APPROVAL OF A RESOLUTION TO AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE U . S. ARMY CORPS OF ENGINEER (LAKE PATROL) : Councilman Akin wanted to know if this is renewing the last one we had. City Manager Charles Norwood said yes it is identical to the one we had last year. Councilman Akin asked if staff had put cost estimates on this . City Manager Charles Norwood said yes. Councilman Messenger said there are grants to help. City Manager Charles Norwood said grants in this case is the monies from the Corps of Engineer. Councilman Swartz asked if the Police Reserve still help. City Manager Charles Norwood said yes, they can ride with one of our regular officers . Motion was made by Councilman Swartz to approve the Resolution authorizing the City Manager to enter into an Agreement with the U. S. Army Corps of Engineer. 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 . APPROVAL OF AN ORDINANCE ESTABLISHING REGULATIONS FOR THE USE AND OPERATION OF ALARM SYSTEMS WITHIN THE CITY : This ordinance will be providing for definitions, requiring a permit of alarm system users; providing for issuance of permits; providing service charges for False Alarms; providing denial and suspension of permits; regulating alarm reporting and operation; providing for protection of financial institutions, ordaining other matters on the subject; and providing a penalty clause, a severability clause and an effective date. City Manager Charles Norwood stated that staff has met regarding this ordinance several times. Larry Allen, Fire Chief has read this and is in total agreement with it. If you will note, there has been 176 false alarms from businesses not including the banks, 61 false alarms at the banks and 69 false fire alarms. The staff ' s objective is first to make sure the businesses are keeping their equipment up to date and in proper working order . Permit fee of $20 .00 per year is for businesses who have set up their system in our police department. There will be fees set up for false alarms as follows: 1 . Four False Burglar Alarms - $50.00 75 2 . Two False Fire Alarms - $100 .00 3 . Two False Robbery Alarms - $100 .00 4 . Two False Medical Assistance Alarms - $50 .00 5. Two False Emergency Assistance Alarms - $50 .00 City Manager Charles Norwood also stated that the Ordinance would give the Chief of Police the right to revoke any permits , but the permit holder can appeal to the City Manager . It also governs alarms being deactivated within 20 minutes of the response to the call . Staff recommends approval . Councilman Akin wanted to know if staff checked with other cities on this type of ordinance . City Manager Charles Norwood said yes, the only difference is some cities give 40 minutes to deactivate the alarms . City Manager Charles Norwood also stated that staff would give the citizens time to be in compliance with the ordinance. Councilman Wright questioned the fees being applied to the elderly who wear an emergency necklace with buttons on them that in case of a problem they can call for help. If they push this in error , what would happen . City Manager Charles Norwood said that would be left up to the Chief, and I feel he would take that into consideration. A motion was made by Councilman Wright to approve the ordinance establishing regulations for the use and operation of alarm systems within the City. 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 carried with all in favor . APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 84-19 , ABANDONED AND JUNKED MOTOR VEHICLES: This ordinance will provide for definitions; for enforcement; for authority to take possession of abandoned motor vehicles; for notice to impoundment; for disposition of proceeds to owner and lienholder; for notice by publication for fees for impoundment; for public auction and disposal ; for custody of motor vehicles to demolisher; declaring junk vehicles a public nuisance; for notice to abate public nuisance; providing that junk vehicles not be reconstructed or made operable after removal ; for notice to the State Department Highways and Public Transportation; for exception to abating nuisances; providing for administration by city employees; for authority to dispose of junked vehicles; providing for 76 repeal of all ordinance in conflict and for a penalty and severability clause. City Manager Charles Norwood said that Mr . Faires and Chief of Police had met several times to work and adapt this to the needs of the City of Wylie and for our future. Mr. Faires said this was an expansion of Ordinance No. 84-19 which includes impounding and auction of impounded vehicles, and it also includes storage and it is in compliance with state law. Mayor Pro Tem Naish wanted to know how the police department could use an impounded vehicle for their department use. Mr. Faires said it depends on why and how it was impounded . If it was abandoned because it ran out of gas or was stolen and the owner after notification did not come forward, them we could use it for under cover work. Motion was made by Councilman Akin to approve the ordinance amending Ord. No. 84-19 , abandoned and junked motor vehicles. 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 BID AWARD FOR UNIFORM RENTALS : Staff received three bids, which were as follows : American Uniform $ 9 ,173 .32 Cascade Linen $10,261 .75 Unitog $11 ,484 .64 The current contract holder, Mission Uniforms did not bid this year . Staff recommends bid award to American Uniform. Motion was made by Mayor Pro Tem Naish to award bid for uniform rentals to American Uniform in the amount of $9,173 .32 . 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 . APPROVAL OF BID AWARD FOR JANITORIAL CONTRACT: Staff received seven bids as follows : International maintenance $ 22,176 .00 Complete Maintenance $ 23 ,388 .00 Poston & Associates $ 23 ,400 .00 Eagle Maintenance $ 23,868 .00 All Star Building Services $ 23 ,925 . 00 --- Etheridge Building Services $ 24,427 .06 N/L Maintenance $165,287 .89 77 Staff does not recommend the low bidder in this case, as the contractor has been employed before and there were a lot of problems . Staff recommends Complete Maintenance in the amount of $23 ,388 .00 . Motion was made by Councilman Akin to approve the bid award to Complete Maintenance with a contract amount of $23 ,388 .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 BID AWARD FOR COMMERCIAL AUTO VEHICLES POLICY (INSURANCE) : Staff received four bids as follows : Trinity Universal Ins. Co. (represented by Wylie Ins . Co. ) $19 ,342 .00 Rucker & Associates Ins. $27 ,849.00 Royce City Ins. Agency $29 ,312 .00 ..::...:.. Employees Casualty Co. $21 ,152 .52 Staff recommends approval of Trinity Universal Insurance Company. Motion was made by Councilman Akin to approve the bid award to Trinity Universal Insurance Company in the amount of $19 ,342 .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 carried with all in favor . AUTHORIZATION FOR CITY MANAGER TO EMPLOY A RATE CONSULTANT FOR UTILITY RATE EVALUATION: City Manager Charles Norwood said this is a result from the 3 .5 million dollar CO ' s, it was reported that the City would need to review their utility rates. This item authorizes me to employ a rate consultant . I sent a copy of a study a few months ago to the Council , and Wylie was at the middle of this study on utility rates . Mayor Pro Tem Naish wanted to know if staff was going out for proposals . City Manager Charles Norwood said we are looking at a consultant that does this, and the approximate cost will be $2 ,300 .00 . Motion was made by Mayor Pro Tem Naish to grant authorization for City Manager to employ a rate consultant for a utility rate evaluation. Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in 7-8 favor, Mayor Pro Tem Naish - in favor, Councilman Akin - against , Councilman Swartz - in favor , Councilman Wright - in favor, Councilman Messenger - in favor, and Councilwoman Stemple - against. This motion carried with five in favor and two against. APPROVAL OF PAYMENT REQUEST FROM FIRST SOUTHWEST CO. : This payment request is for financial advisory services and expenses for both 1989 C.O. issue ($200,000) and 1990 C.O. issue (3 ,500 ,000) in the amount of $42 ,185 .87 . Motion was made by Mayor Pro Tem Naish to approve the payment request in the amount of $42 ,185 .87 to First Southwest Co. Seconded by Councilman Wright. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - against , Councilman Swartz - in favor, Councilman Wright - in favor, Councilman Messenger - in favor, and Councilwoman Stemple - against . This motion carried with five in favor and two against. APPROVAL OF PAYMENT REQUEST FROM SHIMEK, JACOBS & FINKLEA: This payment request is for change orders as follows: 1 . Century Business Park' s internal collection system must be connected to the new lift station, estimated construction cost is $7 ,500 . 2 . The Eubanks Road Sewer is a proposed collection system improvement which will provide service to Hometown Furniture, Wylie Glass and Alpha Omega Floors, as well as all vacant property adjacent to them. The estimated cost is $25,000 to $30,000 . 3 . The 15 inch parallel sewer revision is a proposed realignment in order to keep the line off the Chemical Recycling , Inc. property. The estimated cost is less than $5,000 . 4. The construction administration costs will increase as a result of these changes. Motion was made by Councilman Akin to approve the payment request from Shimek, Jacobs & Finklea in the amount of $5,195 .00 . Seconded by Councilman Wright. The vote was as follows : Mayor Trimble - in favor , Mayor Pr 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 address the Council to come forward at this time, state their name and address for the record and to keep their comments within five minutes. There were no speakers at this time. 79 COUNCIL DISCUSSION: Mayor Pro Tem Naish stated that Council talked last summer about the Weedy Lot Ordinance, to try and modify this and make it more difficult after the first offense. Mr . Faires said it can be taken care of between the staff and the Municipal Court Judge . Councilman Akin said that land changes hands so , can staff keep up with this. Mr . Fairs said we try. Mayor Pro Tem Naish said the property list showing property with no water/no sewer , are we going to be liable to put water and sewer in for them. Also can you add to this list if they were annexed involuntary or voluntary. Councilman Swartz stated that for a while we were getting on the buildings not in compliance with our codes, there is one on Brown and Jackson. Staff needs to look at this. Mr . Faires said there he has had a personnel change, but we are working on this. Councilman Swartz wanted to know if there is anyway legally to nail the door shut on this place . Mr. Faires said with a court order . Councilman Swartz said on the south end of Jackson there is a fire hydrant that is not connected to our water supply. Can someone check this out . Councilman Swartz said regarding the snakes out at Southfork, I have talked with Bill Burge and there is not a big problem, but there are a few snakes. Councilman Akin wanted to know if we had any large outstanding water bills. Mr . Johnson said we have one but it is in bankruptcy. Councilman Akin also wanted to know about the work shop with the Fire Department . City Manager Charles Norwood said he was meeting with their representatives tomorrow and there would probably be a work shop in the next few weeks. Councilman Akin wanted to know when the State comes out to check our equipment for the key rate . City Manager Charles Norwood said they were here last week and we are waiting for the results. Councilman Swartz asked if the Fire Department had turned in anything regarding the Ordinance on regulating trusses . City Manager Charles Norwood said nothing at this time. Mayor Trimble recessed the open meeting and convened Council into Executive Session at 9 : 05 P.M. under the authority of Article 6252-17 V.A.C .S. , Section 2 paragraph "e" Personnel Matters : (a) Municipal Court Judge, (b) Case of Ross VS City of Wylie, and (c) Board of Directors for Development Corporation Board of Wylie. 80 Mayor Trimble reconvened Council into open meeting at 10 : 20 P.M. and stated that there was no action to be taken from the Executive Session. Mayor Trimble convened Council into work session on the discussion of Personnel Regulations. Mayor Pro Tem Naish stated that Section 3-2 the last sentence should read as follows : "The probationary period may be extended by the department head for a period of three (3) months, if the department head determines that additional time is required to properly observe and evaluate the employee, but the employee will have full use of his/her benefits during this three month period. Mayor Pro Tem Naish stated that he thought the vacation schedule had been changed to reflect 12 years of service before getting 4 weeks of vacation. Due to the late hour , Mayor Trimble said that the section of the Personnel Regulations that had not been discussed tonight would be put on the next available work session agenda. There being no other discussions, a 00• io was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST : auO�Fnan�mii aro yn one , ty Secretary ` SEAL :!C/ 11 )ram ���,,f�iu��I, ►E����������