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07-24-1990 (City Council) Minutes 160 CITY COUNCIL MEETING MINUTES JULY 24, 1990 The City of Wylie City Council met in regular session on Tuesday, July 24 , 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 John Akin, Mayor Pro Tem Hughes, Council Members Chuck Wible, Percy Simmons, Pat Stemple, Steve Wright and William Martin, City Manager Bill Dashner , City Secretary Carolyn Jones, Code Enforcement Officer Ed Richie, and Finance Director James Johnson. Mayor Akin called the meeting to order and called on Mr. Allen Stroud of First Baptist Church to give the invocation and Councilman Wright to lead the Pledge of Allegiance. Mayor Akin introduced Mr . Bill Dashner , City Manager . APPROVAL OF THE MINUTES OF JUNE 25TH, 26TH & 28TH AND JULY 5TH, 12TH, AND 14TH COUNCIL MEETINGS: Councilman Wright corrected the minutes of the June 25th meeting to reflect EPA approved Industrial Wastewater treatment program, not EPA approved treatment program and under approval of minutes from May 29th and June 12th meetings, I have requested that a, through the City Manager, that we a take these minutes back to the City Secretary and request that a tape be procured and that these minutes be looked at one more time if that is at all possible Mr . Mayor . Councilman Wright corrected his statement under Council Discussion as follows: Councilman Wright said we are about to enter into an agreement NTMWD and that our representative need to be setting up a meeting regarding to this, I was alluding to negotiations with NTMWD and our representative being able to initiate those negotiations. A motion was made by Councilman Martin to approve the minutes as corrected. Seconded by Councilman Wright. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . PRESENTATION BY JOANIE ZEEB ON EASTFORK PARK : Mrs . Zeeb stated that she has looked at the property around Eastfork Park for additional park land. There would be additional cost to the city for upkeep on this land. The Park Board would like to request a full time Park Director to oversee the parks. This land is available but council needs to send a letter to the Corps . of Engineers to let them know that we are interested . After some discussion, direction was given 161 that Council did not have any problem with sending a letter but would like to a representative from the Corps. of Engineer to on this land and their contract . APPROVAL OF LETTER OF RESIGNATION FROM JIM FERGUSON, FROM PLANNING AND ZONING COMMISSION, TERM EXPIRES JULY, 1990: Motion was made by Councilman Martin to accept the letter of resignation from Mr . Jim Ferguson. Seconded by Councilman Wible. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . APPROVAL OR REAPPOINTMENTS TO THE FOLLOWING BOARDS: PLANNING AND ZONING, PARKS & RECREATIONS, LIBRARY AND ZONING BOARD OF ADJUSTMENTS: PLANNING AND ZONING: Motion was made by Councilman Wright to appoint Jim Swartz to Planning and Zoning Commission. Motion was made by Councilman Martin to appoint Kent Crane, Robert Flint and Cleo Adams to Planning and Zoning Commission. Councilman Wible seconded Councilman Wright' s motion to appoint Jim Swartz. The vote was as follows: Mayor Akin - against, Mayor Pro Tem Hughes - against , Councilman Wible - in favor , Councilman Martin - against , Councilman Wright - in favor, Councilwoman Stemple - against, and Councilman Simmons - against . This motion failed with two in favor , and five against . Councilman Simmons seconded Councilman Martin' s motion to appoint Kent Crane, Robert Flint and Cleo Adams to Planning and Zoning . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . PARK BOARD: Motion was made by Councilwoman Stemple to appoint Richard Brown and George Fournier . Seconded by Mayor Pro Tem Hughes . Councilman Wright requested Councilwoman Stemple to withdraw her motion as Mr . B. J . Upshaw wanted to remain on the Park Board and I feel we should honor his request. Councilwoman Stemple restated her motion to reflect appointments to George Fournier and B. J. Upshaw to the Park Board. Seconded by Councilman Wright. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor. This motion carried with all in favor . 162 Motion was made by Councilman Simmons to appoint Richard Scott Brown to the Park Board. Seconded by Councilman Wible. There was no vote taken on this motion as the above motion had taken care of all vacancies. LIBRARY: Motion was made by Councilman Simmons to appoint Mary Jo Smith, Betty Stephens, Shirley Burnett and Retha Tibbals to the Library Board. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ZONING BOARD OF ADJUSTMENTS: Motion was made by Councilman Wible to appoint Marilyn Herrera, Michael Cole, Robin Messer and Whitman Ward to the Zoning Board of Adjustments. Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . REPORT FROM MIKE WAGNER OF TALEM, INC. UPDATING THE STATUS OF THE INDUSTRIAL WASTE PROGRAM: Mr . Wagner stated that regarding his statements on Lone Star Circuits this company is owned by BCB Partnership, and the water and other utilities are not in the property owners name, this company was first located on Kristne Lane in Wylie and then moved to Birmingham St . Lone Star stated they contacted the City of Wylie, but was not given any information on Industrial Waste Program. No one at City Hall knew that Lone Star Circuits and BCB Properties were the same. The City is currently in the process of issuing a permit to Lone Star . APPROVAL OF ENGAGEMENT AGREEMENT FOR AUDIT SERVICES FOR 1989/90 FISCAL YEAR - ADAMI , LINDSEY AND CO. : Mr . John Mares , partner in Adami Lindsey Co. , stated they were engaged in an audit for the City last year . Our price is under the last audit firm you used and we have received favorable bond ratings for the City. Motion was made by Councilman Wright to approve Adami , Lindsey and Co. for audit services for 1989/90 Fiscal Year . Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor, Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . ,.,. APPROVAL OF GARLAND CHAPTER OF MEDICAL ASSISTANTS TO SET UP CARNIVAL RIDES IN OAKS SHOPPING CENTER PARKING LOT FROM AUGUST 20TH THRU AUGUST 26, 1990 : There was concerns voiced 163 by the Council on questions such as, was there enough insurance and if the merchants were aware of the carnival coming . Council requested that the merchants send in a letter stating that they are aware of the carnival and do not object to it. A motion was made by Councilman Wright to table until all information has been received. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . PUBLIC HEARING FOR THE REQUEST OF A SPECIAL USE PERMIT FOR LOTS 13 , 14 , & 15 , BLOCK 3 BROWN & BURNS ADDITION: This property is located on the corner of N . Ballard and Jefferson Streets. Mayor Akin opened the public hearing and stated those wishing to address the Council on this matter to come forward and state their name and address for the record. Against Special Use Permit: The following citizens voiced their opinion against the special use permit stating they wanted the area to remain residential : Rita Smith, 401 N. Ballard James L. Parker, 306 N. Ballard Marie Dellihey, 307 N . Ballard In favor of the Special Use Permit: The following citizen voiced their opinion in favor of the special use permit: Bill Lewis, Executive Director Birmingham Land Board There being no other questions or comments Mayor Akin closed the Public Hearing . APPROVAL OF SPECIAL USE PERMIT FOR LOT 13, 14, & 15, BLOCK 3 BROWN & BURNS ADDITION: Mayor Akin stated that at this time he would turn the chair over to Mayor Pro Tem Hughes. Mayor Akin said that he also served as the Chairman of the Land Board and felt that he should not participate in the motion or vote of this item. Mayor Hughes called on Bart Peddicord, Chairman of Planning and Zoning to report from the P & Z meeting . Mr. Peddicord said that the Special Use Permit was granted for one year period with a vote of five in favor and one against. The Planning and Zoning Board felt this permit would give the citizens a chance to see what type of meetings and the volume of traffic during this year . A motion was made by Councilman Wright to table until the Council has had a chance to talk with everyone involved . 164 Seconded by Councilwoman Stemple. The vote was as follows: Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor to table. Mayor Pro Tem Hughes turned the chair back to Mayor Akin. AWARD OF BID FOR EQUIPMENT RENTAL FOR STREET RECONSTRUCTION PROGRAM: The City staff received bids for Motor Grader, Roller and Front End Loader. There were three companies that submitted bids on part or all of the above named equipment. Staff recommends the award of bid as follows : Motor Grader to Ward and Massengale Equipment $3,570.00 per month Roller to Conley-Lott-Nichols for $3 ,800 .00 per month Loader to Mega Equipment for $3 ,180 .00 per month A motion was made by Councilman Simmons to approve the bids as listed above . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. APPROVAL FROM PARK AND RECREATION BOARD TO CONSTRUCT TEMPORARY SOCCER FIELDS AT COMMUNITY PARK: Mr . B. J. Upshaw, representative from the Park Board, stated if the direction of the fields were changed to go East to West, this would better utilize the fields and will give six fields instead of four fields . Mr . Upshaw stated that there were a lot of contractors volunteering to do this work. Motion was made by Councilman Wright to approve the construction of temporary soccer fields at the Community Park. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . APPOINTMENT OF COMMITTEE TO REVIEW COMMUNITY RENTAL AND RULES FROM PARK AND RECREATION BOARD: The Park Board felt that the Library Board would be in a better position to handle these rules since this room is rented through the -• Library. Motion was made by Councilman Wright to give the rental and rules for the Community Room to the Library Board. Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in 165 favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor. This motion carried with all in favor . APPROVAL OF PAYMENT REQUEST FROM SHIPLEY & INHOFE IN THE AMOUNT OF $370 .15: This payment request is for the landfill closure. Motion was made by Councilman Simmons to approve the payment request from Shipley & Inhofe in the amount of $370 .15. Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor. This motion carried with all in favor . APPROVAL OF PAYMENT REQUEST FROM JONES & NEUSE, INC. IN THE AMOUNT OF $2 ,747.49: This payment request is for engineering cost related to the closing of the landfill . A motion was made by Councilman Wright to approve the payment request from Jones & Neuse, Inc. in the amount of $2 ,747 .49 . Seconded by Mayor Pro Tem Hughes. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF PAYMENT REQUEST FROM HUNTER ASSOCIATES, INC. IN THE AMOUNT OF $2 ,160 .00: This payment request is for construction administration on Wastewater Collection System Improvements. A motion was made by Councilman Martin to approve the payment request from Hunter Associates, Inc. in the amount of $2 ,160 .00 . Seconded by Councilman Wright. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor. APPROVAL OF PAYMENT REQUEST FROM FREEMAN MILLICAN ENGINEERING IN THE AMOUNT OF $560.00 : This payment request is for administration and engineering of the repainting of the elevated water tower . A motion was made by Mayor Pro Tem Hughes to approve the payment request from Freeman Millican Engineering in the amount of $560 .00 . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor. CITIZEN PARTICIPATION: Mayor Akin invited those wishing to 166 address the Council to come forward at this time and to state their name and address for record and to keep their comments to five minutes. John Shaw - 2975 Elm Grove Rd. - wanted to thank Councilman Wright for his statements regarding the Garland landfill and to thank the Council for the two Resolutions against this landfill . The following citizens wished to address the Council regarding deannexation: Regina Boen - 709 Parker Road Glenda Lott - S. Highway. 78 Jesse Vance spoke for Linda Beard - S. Highway 78 Charles Kerin - 707 Parker Rd. Also addressing the Council were the following : Cheryl Edwards - 613 Andersonville - regarding the hiring of an Environmentalist Mark Emard - 508 Gaston Dr . East - regarding the fire protection on his side of town COUNCIL DISCUSSION: Councilman Martin requested staff look at the older houses in Wylie that have been condemned or are unlivable, as people are trying to live in these places without utilities. Councilman Wright - handbooks for Mayor and City Council , wants the City Secretary to get these to us; also reported to Council on the Garland Landfill hearing; also wants Council to look at a 5, 10 , 15 year plan; also wanted to know about the quarterly meetings Council is to have with County Commissioner. Mayor Akin - informed the Council that he and the City Manager would be having a meeting with Judge Roberts and Jerry Hoagland regarding Brown St. and McCreary Rd. and also would be meeting with Bob Wallace Jones regarding park land on Sanden property. There being no other matters of discussion, a motion was made to adjourn with all in favor . `�`�����ll�0vaI IIwPIIp!/�/ ��� F f i ,�'i//����fi � ' �1: (/ s //7 ATT SE John Akin, Mayor Carolyn s, i ecra * , , c