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
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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
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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 .
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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