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05-08-1990 (City Council) Minutes 99 CITY COUNCIL MEETING MINUTES MAY 8, 1990 The City of Wylie City Council met in regular session on Tuesday , May 8 , 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 John Akin, Ortie Messenger , Pat Stemple, Jim Swartz , Steve Wright, newly elected Council Members Don Hughes and William Martin , City Manager Charles Norwood, City Secretary Carolyn Jones, Finance Director James Johnson and Code Enforcement Officer Roy Faires. Mayor Trimble called the meeting to order and Councilman Messenger gave the invocation and Councilman Akin led the pledge of allegiance. APPROVAL OF MINUTES FOR APRIL 24TH COUNCIL MEETING: There being no corrections or additions to the minutes of April 24th, a motion was made by Councilman Akin to approve. 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 THE REVISED PERSONNEL REGULATIONS FOR THE CITY OF WYLIE EMPLOYEES: City Manager Charles Norwood stated that the Council has discussed these regulations on several occasions. These regulations point out the benefits, the procedures for hiring and firing , the grievance procedure and a substance abuse policy. Staff recommends approval . A motion was made by Mayor Pro Tem Naish to approve the Personnel Regulations for the City of Wylie Employees contingent upon the City Attonrey' s approval . 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. 100 CONSENT AGENDA: The consent agenda consist of payment ..., request from Shimek, Jacobs, & Finklea in the amount of $6 ,205.36 , Freeman-Millican in the amount of $490 .00 , Hunter & Assoc. Inc. in the amount of $364 .75, Jones & Neuse in the amount of $8 ,404 .65 and Pate & Pate for Draw No. 2 in the amount of $109, 760.31 and an easement from Jerry Caldwell for wastewater collection system improvements . Councilman Akin requested that payment request Draw No. 2 for Pate and Pate in the amount of $109 ,760 .31 be explained for the new Council Members . City Manager Charles Norwood said this is the second payment of a contract for improvements to wastewater collection system. This is for the line coming from Southfork. The contractor is running a little behind due to the weather, but feels he can catch up. There is a full time inspector on the job that the City has hired. City Manager Charles Norwood said once we complete this job, we will be out of the pump and haul . Councilman Wright asked if we had received any word from Texas Water Commission . City Manager Charles Norwood said we are in contact with them at all times. A motion was made by Councilman Swartz to approve the consent agenda . 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. CANVASS AND APPROVE ELECTION RETURNS FROM MAY 5TH MAYOR AND COUNCIL ELECTION: Mayor Trimble read the following results from the May 5th election: Absentee Methodist Southfork Total Church Club House MAYOR Chuck Trimble 31 187 25 243 Bud Naish 23 305 36 364 John Akin 61 410 44 515 PLACE TWO William Martin 72 474 53 599 Jim Swartz 43 410 50 503 PLACE FOUR Don Hughes 70 438 54 562 Ortie Messenger 45 433 48 526 PLACE SIX Chuck Wible 12 157 19 188 Percy Simmons 64 410 42 516 Jim Ferguson 38 310 40 388 101 Mayor Trimble stated from these results,there will be a run- off election in the Mayor' s race between Bud Naish and John Akin and in Place Six between Percy Simmons and Jim Ferguson. The new Council Member in Place Two is William Martin and in Place Four is Don Hughes . A motion was made by Councilman Akin to accept the results of the May 5th election as read . 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 ELECTION ORDER FOR RUN-OFF ELECTION: The run- off election will be held on Saturday , May 19 , 1990 with absentee voting from 8 : 00 A.M. to 5 :00 P.M. on May 9th, 10th, llth, 14th and 15th. The run-off election will be for Mayor and Council Place Six and will be held for Precinct 25 at Southfork Mobile Home Park Clubhouse and Precincts 27 , 56 and 83 at First United Methodist Church . A motion was made by Councilman Swartz to approve the election order for a run-off election for Mayor and Council Place Six on Saturday , May 19, 1990 . 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. OATH OF OFFICE : City Secretary administered the oath of office to Mr . Don Hughes and Mr . William Martin for Council Place 4 and Place 2 . PRESENTATION FROM FREEMAN-MILLICAN , INC. _ ON LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN: Mr . Roy Faires stated that the Land Use Assumptions was done with a 7% growth rate , which would double our population within the next ten years . Mr . Terry Millican of Freeman -Millican stated that his firm had been working over the past several months on the land use and capital improvements plan. In accordance with the law you must define the service area for your City Limits, and it does not include your E.T.J. The purpose of the land use assumptions is governed by Chapter 395 (formerly Senate Bill 336) of the Texas Local Government Code. This prescribes the process by which cities in Texas must formulate development impact fees. This will assist the city in determining the need and timing of capital improvements to serve future development, a reasonable estimation of future growth is needed. It is the purpose of this report to document the methodology used for 102 preparing the growth and land use assumptions for City of Wylie' s Impact fee service area. These assumptions will become the basis for the preparation of impact fee capital improvement plans for water and wastewater facilities. LAND USE ASSUMPTIONS: The land use same as existing master plan, with 7% population growth rate, compounded annually, with population for 1990 being 9 ,691 and estimated population in 2000 being 18 ,697. WATER SYSTEM: The existing system is adequate for current population except the city is 250,000 gallons short on elevated tank capacity. The Western water system ( (serving Southfork Mobile Home Park) must be connected to main portion of distribution system. Construction required to accommodate ten year growth is 750,000 gallon elevated storage reservoir, 5000 ,000 gallon ground storage reservoir at Steel Road Pump Station and add pump to Steel Road Pump Station, and the extension of water lines some 117,600 L .F. of 8" through 12" . WASTEWATER SYSTEM: Existing system is adequate for current population provided projects under design/construction are completed. The construction required to accommodate ten year growth is sewer line extensions - 61 ,500 L.F. of 6" through 15" and increase capacity of following life stations: Muddy Creek Lift Station and Rush Creek Lift Station and to build two new lift stations . CONSTRUCTION COST OF NEW FACILITIES PLUS ALLOCATABLE PORTION OF EXISTING FACILITIES: Water System has a total cost of $3 ,473 ,173 . with cost per new Living Unit Equivalent (LUE) $1,013 . (with no interest expense) . The wastewater system has a total cost of $2 ,853 ,163. with cost per New Living Unit Equivalent (LUE) $755 (with no interest expense) . Councilman Hughes wanted to know if this firm had taken into consideration that the City of Wylie crosses over into another water district . Mr . Millican said we did not put in anything to purchase a water district or a factor for your being in another water district . Mr . Keith Reed of Reed and Stowe stated that part of the project was to calculate the cost of keeping up with the 7% growth. Impact fees should take care of what it cost for future growth. In the past the City has collected Impact fees up front from the builder but for future you will need funding up front which will come from bonds, certificates of obligation, etc. Our capital improvements plan shows a bond sale for water system in 1991 for $1 ,325, 758; in 1994 for $731 ,743 ; and in 1997 for $1,263 ,664 ; and for wastewater —� system bonds sales in 1991 for $877 ,824; in 1994 for $736 ,620 and in 1997 for $205,200. The max on the water impact fee is $1 ,267 and max on wastewater impact fee is 10 $957 . This is the max it does not mean Council has to collect this fee. Growth that is taking place will pay for the debt service on bonds . City Manager Charles Norwood wanted to know if this could be put on a ten year payout instead of 20 year . Mr . Reed said yes, it can be computed on 10 years . City Manager Charles Norwood said if the Council does not adopt the max will the utility customers be paying for future growth. Mr . Reed said yes. Mr . Reed stated that the law does not allow for these impact fees to be used for up grading a system or re-laying a old section of line. Impact Fees can be collected for water , wastewater, drainage and streets. This capital improvements plan is for water and wastewater only. Mr . Reed also stated that the advisory committee has to file a written report to the Council every 6 months . If this report shows anything above or below what was projected , then the advisory committee will make a recommendation to Council for increase or decreasing the impact fee. The Council can look at the program every three years to see if it needs to be amended in any way. Mr . Terry Millican stated that the State Law says there are two hearings, both hearings can be held close together . Have a public hearing notice published on May 12th if you want to hold your hearing on June 12th. Also have to have an ordinance and we suggest your attorney write this ordinance. Advisory Committee has to write a letter to the Council with recommendations and this has to be done five days prior to the hearing date. Councilman Hughes wanted to know if this would do away with the old ordinance. City Manager Charles Norwood said do away with the old ordinance and adopt a new ordinance. APPROVAL OF PUBLIC HEARING DATE OF JUNE 12 , 1990 FOR LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN AND PROPOSED IMPACT FEE: A motion was made by Councilman Akin to approve June 12 , 1990 as the public hearing date for Land Use Assumption and Capital Improvements Plan and Proposed Impact Fee. Seconded by Councilman Wright. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor, Councilman Akin - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilman Hughes - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . 104 UPDATE ON THE RECONSTRUCTION OF BROWN STREET AND MCCREARY ROAD: City Manager Charles Norwood referred to a memo to City Council stating that Collin County had allocated $825,000 . to reconstruct Brown St. and McCreary Rd. and t � • estimated cost has come in at $1 ,184 ,384 . There is difference of $359,384 for the reconstruction of Brown a '_ McCreary. The County has said they will not allocate any more funds to this project . City Manager Charles Norwood said his recommendation to County was to go out for bids and see how the bids come in. If bids are higher than funds allocated , the we will have to make a decision. The staff has cleared the R-O-W for both roads. APPROVAL OF ACCIDENT AND SICKNESS PROPOSAL FOR VOLUNTEER FIRE DEPARTMENT: City Manager Charles Norwood stated that the Council met with Larry Allen and Steve Bigsbee on an accident sickness policy for the volunteer fireman. The City currently has a workers compensation policy that covers the volunteer firemen and a supplement policy. Both of these policies only pay $140 .00 per week. This new policy which will be in addition to the two existing policies will provide better coverage and pay if a firemen is injured on duty. The proposed policy has an annual premium of $2 ,840 .00 based on thirty (30) volunteer firemen. Staff recommends approval of this policy. Councilman Hughes wanted to know how the fire department felt about this policy. City Manager Charles Norwood said the Council met with the fire department and this is the policy they recommended to Council at that meeting. A motion was made by Councilman Akin to approve the accident sickness pol-icy with an annual premium of $2,840 .00 for the volunteer fire department. 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 Martin - in favor , Councilman Wright - in favor, Councilman Hughes - in favor, and Councilwoman Stem4le - 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 and state their name and address for the record and to keep their comments to within five minutes. Mark Rumenapp of 334 S. First St . said the flooding problem on First Street had to be addressed . I have been a resident for seven (7) years and it has not come into my house but it has gotten into our vehicles. I would like for something to be done in the near future. Mr. James Johnson said he had taken a look at this after this last rain, and that the dirt -•. has washed away from the concrete. There is something we can do. City Manager Charles Norwood said we are in the process of hiring a new Engineer and this will be his first project . 1 1 0 5. COUNCIL DISCUSSION: Councilman Akin said we need to look into spraying for the mosquitoes, with this record setting rain fall our city as well as other cities are going to have a problem with the mosquitoes. Councilman Akin also said that we need to look at the high weed ordinance and get the plan started . City Manager Charles Norwood said our plan this is year is to have the judge notified that the person has been in court prior to this on high weeds and she will take this into consideration when she set the fine. Councilman Wright said he would like to pull item 18 from the agenda. Councilman Hughes said our ordinance and Charter states we will have a Financial Report on the first of each month. City Manager Charles Norwood said he will have it on the second meeting in order to have the month closed out . Councilman Hughes also suggested a work session with Council to catch the new members up on what is happening and going on. Mayor Pro Tem Naish wanted to know if we had heard from the National Guard on their cleaning our the ditches in our city. City Manager Charles Norwood said he was waiting on a call from them and as soon as staff has an answer , it will be sent to Council . Councilman Wright wanted to know what happen to the bids for a side mount mower . City Manager Charles Norwood said we are looking at a different type of mower as the side mount did not look like the solution to our problem. Mayor Trimble recessed the open meeting and convened Council into Executive Session at 9:00 P.M. under the authority of Article 6252-17 V.A.C.S . , Section 2 paragraph "g" Personnel Matters - review procedures on selection of Associate Municipal Court Judge. Mayor Trimble reconvened the open meeting at 9 :20 P .M. WORK SESSION : A motion was made by Councilman Wright to table this item. Seconded by Councilman Martin. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Naish - in favor , Councilman Akin - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilman Hughes - in favor and Councilwoman Stemple - in favor . This motion carried with all in favor. There being no other matters for discussion, a motion was made to adjourn with all in favor. 1 0 c z aria Trimble, Mayor ATT�EST : // 41 Carolyn •ne , y Secretary :": '�j� a SEAL I ��'"/uuuEIum t \"