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
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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 .
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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
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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 .
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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
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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
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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 .
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