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11-27-1990 (City Council) Minutes ? 3 7 CITY COUNCIL MEETING MINUTES NOVEMBER 27 , 1990 The City of Wylie City Council met in regular session on Tuesday , November 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 John Akin, Mayor Pro Tem Don Hughes, Council Members William Martin , Chuck Wible, Steve Wright, Percy Simmons, and Pat Stemple, City Manager Bill Dashner , City Secretary Carolyn Jones , Finance Director James Johnson, Engineer Paul Beaver . Mayor Akin called the meeting to order and Rev. Mona Bailey gave the invocation which was followed with the Pledge of Allegiance. MEMBER OF THE DALLAS REGIONAL MOBILITY COALITION: City Manager Bill Dashner stated that Mr . Griffin, Executive Director of Dallas Regional Mobility Coalition discussed the possibility of Wylie joining the transportation organization. This will be of help to Wylie in bringing about the completion of State Highway 544 and 78 and also give us help and support in Austin on any transportation problems we might have. The membership fee is $910 . 00 annually . Staff recommends approval . A motion was made by Councilman Wright to approve the membership in the Dallas Regional Mobility Coalition with annual fee of $910 .00 . 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 . AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF WYLIE AND PRIVATE PROPERTY OWNER ON AKIN LANE FOR THE REALIGNMENT AND RECONSTRUCTION OF AKIN LANE: City Manager Bill Dashner stated this agreement has been agreed to by Mr . Raymond Cooper giving the City the right to use certain private property in order to straighten out and realign Akin Lane . Staff recommends approval of the agreement between Mr . Cooper and the City of Wylie. City Manager Bill Dashner requested City Secretary to read the agreement into the records . The agreement reads as follows : 2 3 R AN AGREEMENT AND MEMORANDUM OF UNDERSTANDING The City of Wylie, Texas does hereby agree and make the following commitment to Mr . Raymond B. Cooper , 301 Dogwood, Wylie, Texas. Mr . Raymond B. Cooper has agreed to forfeit certain private property located on Akin Lane in order for Akin Lane to be straightened out and for the elimination of a dangerous curve. This realignment of Akin Lane will be in accordance with he revised replat (Replat of Lots 1 thru 10 and Lot 17 of Wylwood Estates, Installment 5 , dated 8/28/87 ) . In order for Akin Lane to be straightened out certain obstructions will have to be eliminated. They are a cluster of trees and a man made earthen burm. The City of Wylie agrees in exchange for this property right, that Mr. Raymond B. Cooper will not be assessed or charged for any purpose pertaining to construction, rehabilitation, maintenance or re-building in general of Akin Lane for the duration of time that Raymond B . Cooper owns Lot 1 or 2 of Wylwood Estates #5 . Signed by Mr . Raymond B. Cooper and Mayor John Akin and attested by Carolyn Jones, City Secretary. A motion was made by Councilman Simmons to approve the Agreement and Memorandum of Understanding as read . 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 . RECONSTRUCTION OF AKIN LANE FROM MASTERS TO STONE ROAD, APPROXIMATELY ONE MILE OF TOTAL RECONSTRUCTION: City forces started reconstruction of Akin Lane under the Perimeter Street Program. This will be the most difficult and most costly of all the road work we have done because this area was not platted and there is a great deal of work to be done on survey and realignment. The estimated cost on this job is $35, 000 . 00 . There is $46,000 .00 available from Perimeter Street money of which Mr . David Griffin has authorized usage. A motion was made by Councilman Simmons to approve the reconstruction of Akin Lane from Masters to Stone Road. 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 . REPORT ON DELINQUENT AND BANKRUPT CASES INVOLVING NON- PAYMENT OF AD-VALOREM TAXES TO CITY OF WYLIE: City Manager , Bill Dashner stated that there are 63 cases which involve 149 accounts after attorney fees, court costs and collection fees, the amount is $100 ,284 .05 . Staff will prepare a 239 report similar to this each month to keep you informed of the delinquent tax collections. REPEALING COMMUNITY PARK FUND AND ELIMINATION OF VOLUNTARY ASSESSMENT OFF CITY UTILITY BILLS : City Manager Bill Dashner stated that in October , 1989 a provision was made to create a Community park Fund. This fund was placed on all utility bills as a voluntary contribution of $1 .00 to go for park capital improvements. Many utility customers have little knowledge that this is a voluntary assessment. This tax was not by separate ordinance or resolution. Under the circumstances and the manner in which this was done, you may want to repeal this action. Since this fund was started , it has collected approximate $14,000 . There has also been the question from citizens about having this refunded , but staff can not refund unless the Council gives us authority to do so . A motion was made by Councilman Simmons to remove the voluntary contribution from the water bills on a temporary basis and if Council decides to seek the contribution again , to hold a public hearing first. 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 . CONSTRUCTION OF NATIONAL GUARD ARMORY AND CITY OF WYLIE INVOLVEMENT: City Manager Bill Dashner stated that the City of Wylie has committed to one grade crossing with estimated cost of $140,000 plus $10 ,000 for utility extensions and a request to waive building permit fees and perimeter street fees and also impact fees . This will have to be discussed and voted on by the City Council . The perimeter street fees are not necessary since Spring Creek Parkway is being paid for by other sources. The Federal Government pays no building permit fees, however the City Council must decide if the Federal Government pays Impact Fees. City Manager Bill Dashner stated it was his opinion that the Federal Government could contest the impact fee ordinance. This is a decision that the Council will have to make later . POSSIBLE RELOCATION OR REPLACEMENT OF GASOLINE STORAGE TANK AT SERVICE CENTER AND SERVICE CENTER LOCATION: City Manager Bill Dashner stated the gasoline tanks are 20 years old and will have to be relocated or replaced in 1991. Under federal law the City in December will start monitoring the tanks for leakage. There has been bond funds set aside for the relocation of the City' s Central Service Center . These funds were set aside because of the pending lawsuite - Chemical Recycling and the gasoline tanks . The Council can wait until the lawsuite is settled to see how much the City recovers or start looking for a potential site for a future service center location and relocate everything to this ? 4 0 site. A motion was made by Councilman Simmons to seek .� relocation property for Public Works Center . 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. CONSENT AGENDA: The consent agenda consisted of Easement on Mccreary Road from the Resolution Trust Corporation of the U. S. Government; Acceptance of Right-of-way Easement from North Texas Municipal Water District for the Reconstruction of Brown Street; cancel the scheduled City Council meeting on December 25, 1990; and acceptance of Final Plat for Martinez Addition, Phase II . A motion was made by Councilman Martin to approve the Consent agenda as submitted . 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 . PUBLIC HEARING FOR THE PURPOSE OF DECLARING PUBLIC NUISANCE ON WEEDY LOTS THROUGHOUT THE CITY AND AUTHORIZE ABATEMENT OF PUBLIC NUISANCE: Mayor Akin opened the public hearing and stated anyone wishing to speak to come forward and state their name and address for the record and to keep their comments within five minutes. City Manager Bill Dashner stated that there are weedy lots throughout the City that the staff has been trying to get mowed for months . Staff has been through the due process provision and would ask that Council declare the weedy lots a public nuisance and order them abated . Staff is requesting authorization to receive quotes to have these weedy lots cut on a contract basis and then attempt to collect from the property owner of record. If this cannot be done the charge will be assessed against property tax rolls . One citizens spoke (no name given) in favor of this declaring public nuisance on weedy lots. There being no other comments , Mayor Akin closed the public hearing . AUTHORIZATION TO RECEIVE QUOTES ON CONTRACT TO CLEAR WEED LOTS BY DECLARING PUBLIC NUISANCE ON WEED LOTS: A motion was made by Councilman Simmons to grant authorization to receive quotes on contract basis to clear weedy lots by declaring Public Nuisance on Weed Lots. 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. 241 PUBLIC HEARING FOR THE PURPOSE OF ZONING FROM AGRICULTURE USAGE TO PLANNED UNIT DEVELOPMENT AS REQUESTED BY INVESTORS NETWORK INTERNATIONAL: City Manager Bill Dashner stated this property is located in the E. C. Davidson Survey, Abstract 266 and being part of 30 acre tract of land, (general location between FM 544 and W. Brown Street behind Fox and Jacob' s addition) . This property is surrounded by multifamily on the east and west sides, industrial on the south and single family on the north. The proponent is proposing to develop zero lot line homes that would compete with the Single Family Residential - 3 regulations with the following exceptions: 1 . side year - provide a zero side and six feet between buildings ; 2. Lot area - allow for a minimum lot area of four thousand square feet; 3 . Lot width - allow a minimum lot width of forty feet . The relationship of the requested zoning and adjacent zoning is compatible. There are two other issues that have surfaced during the P & Z deliberation. The first being only one access to this development . This concern appears to be resolving itself with the proposed development of Westgate Way through to Highway 544 . The other issue is the proximity of this site to the super fund site and other environmentally sensitive areas. You can only assume that the United States Government considered it safe enough to build a postal facility closer to this site than this proposal . Those speaking in favor of this proposed zoning were Mark Kerstein, representing the property owners, Duane Helmberger , Engineer for property, Don Light, Real Estate professional . Those speaking against the proposed zoning were Cheryl Edwards of 613 Andersonville Lane, Ann Parker of 600 Andersonville Lane, and Mark Hadaway of 601 Andersonville Lane. There being no other comments, Mayor Akin closed the public hearing. APPROVAL OF ORDINANCE ESTABLISHING PLANNED UNIT DEVELOPMENT ZONING ON PROPERTY DESCRIBED AS BEING LOCATED IN THE E. C. DAVIDSON SURVEY, ABSTRACT 266 AND BEING PART OF A 30 ACRE TRACT OF LAND, AS RECORDED IN VOLUME 671 , PAGE 720 OF THE COLLIN COUNTY DEED RECORDS. City Manager Bill Dashner stated that Planning and Zoning met on this property and voted to recommend approval of this Planned Development and staff recommends approval . Concern was voiced regarding the environmental reports and the zoning buffer from Industrial to Residential . City Manager Bill Dashner said he has placed on the table in the back of the chambers the rules from the Texas Air Control Board, if any industry is not in compliance the action taken will be by Texas Air Control Board not the City of Wylie. A motion was made by Mayor Pro Tem Hughes to approve the Ordinance for Planned ?_ 42 Development. Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - against, Councilman Martin - in favor , Councilman Wright - against , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with five (5) in favor, and two (2 ) against. APPROVAL OF PRELIMINARY PLAT FOR OAKRIDGE ADDITION: The city staff has studied and reviewed this preliminary plat for Oakridge Addition. This plat is in conjunction with the zoning change for Investors Network International . The staff recommends that this preliminary plat request be approved . A motion was made by Mayor Pro Tem Hughes to approve the Preliminary Plat for Oakridge Addition. 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 . FINAL ACCEPTANCE FOR THE USE OF NEWLY CONSTRUCTED MUDDY CREEK INTERCEPTOR SEWER LINE IN ORDER TO ELIMINATE TWO (2) PUMP AND HAUL LOCATIONS AND ACTIVATE ONE (1 ) YEAR MAINT_ENANCE BOND: In order to connect Southfork Mobile Home Park and Presidential Estates Subdivision to the new Muddy -•- Creek Interceptor we need Council approval for final acceptance of Muddy Creek Interceptor Sewer Line. This will eliminate two (2) pump and haul locations. The line has been inspected by the Consulting Engineer, the City on site inspector and the Director of Planning and Engineering. The only remaining item in order to fully complete this line is final sodding and seeding by the contractor in the spring of 1991 under the supervision of Collin County Soil and Conservation Service. At a future meeting final payment will be requested and the release of 5% retainage, however, the one (1 ) year maintenance bond will start on November 27 , 1990 . A motion was made by Councilman Martin to approve the final acceptance for the Use of newly constructed Muddy Creek Interceptor Sewer Line in order to eliminate two (2) pump and haul locations . 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 . CABLE TV FRANCHISE COMPLIANCE WITH CITY ORDINANCES AND FRANCHISE COMMITMENTS AND RATE INCREASE NOTIFICATION AND NON-COMPLIANCE WITH FRANCHISE ORDINANCE ON SIXTY (60) DAY NOTIFICATION : City Manager Bill Dashner stated that staff was requesting to meet with TCI Cablevision of Texas, Inc. and re-negotiate the Franchise Fee from 3% to 5% . Therefore based on staff research I am persuaded that the 243 City should take action to notify TCI Cablevision of Texas that the franchise agreement is subject to renegotiation on the following points: 1. Franchise Fee ( including all programming if legal) 2 . Franchise Terms (reduce from 15 year term) 3 . Rate Adjustment ( justification for two (2) rate increases in less than one (1) year) A motion was made by Mayor Pro Tem Hughes to grant authorization for staff to re-negotiate franchise fee and terms and rates with TCI , Cablevision of Texas, Inc. 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 . AWARD COMPETITIVE BID ON THREE (3) NEW POLICE PATROL UNITS: The award of this bid is in accordance with the FY 90-91 budget . Staff received five bids, two did not meet specifications. The three bids meeting specification were as follows: Hudiburg Chevrolet 1991 Chev. Caprice $15,563 per unit Ray' s Chevrolet 1991 Chev . Caprice $14 ,999 per unit Reliable Chevrolet 1991 Chev. Caprice $15, 199 .96 per unit Staff recommends the bid be award to Ray' s Chevrolet in the amount of $14,599 per unit or a total cost of $44 ,997 . A motion was made by Mayor Pro Tem Hughes to award the bid to Ray' s Chevrolet for three Patrol Units in the amount of $14 ,599 per unit or a total cost of $44 ,997 . 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 . MONTHLY FINANCIAL REPORT : The two major accounts in October month report are the General Fund in which the City received $123 ,870 and expended $179 ,105 and in the Utility Fund, received $196 ,775 and expended $140 , 315 . The General Fund and Utility Fund together received $320,595 and expended $319 ,420 for a positive balance of $1175 . 24 FINAL REPORT ON RECONSTRUCTION COSTS FOR COTTONBELT STREET: The original estimated cost to do Cottonbelt was $22 ,000 . The final detail cost to complete this road was $26,605 . the City used more asphalt than was estimated and spent more on drainage work than was estimated . Status report on original $200,000 earmarked for street reconstruction: Phase I 5 major streets $123 ,000 .00 Keefer Street 17 ,539.00* Cottonbelt 26,605 .00* Total Spent $167,144 .00 Beginning Funds $200 ,000 .00 Balance $ 32, 856 .00 * Includes Labor Costs SYSTEMATIC SCHEDULE TO REMOVE AND ELIMINATE THE UNFUNDED * LIABILITY OF ALL COMPENSATORY TIME ACCRUALS OF DEPARTMENT HEADS : City Manager Bill Dashner stated there has been a schedule for all department heads to remove and eliminate all compensatory time they are entitled to by official personnel records . Schedules have been received from department heads that all this time will be eliminated by the middle of 1991 . The method to be used is mandatory time off from their duties. Needless to say this will put a strain in some critical departments of City Government but in my judgment it must be done in order to eliminate this inordinate unfunded liability. PAYMENT OF CLAIM TO SHIPLEY & INHOFE, CITY LEGAL COUNSEL ON ENVIRONMENTAL ISSUE: This claim is in the amount of $5,066 . 72 . with the payment of this claim to date the City has paid this law firm $20,476 .44 . A motion was made by Mayor Pro Tem Hughes to approve claim in the amount of $5,066 . 72 to Shipley & Inhofe. 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 . 24 CITIZEN PARTICIPATION: Mayor Akin stated those wishing to address the Council to come forward at this time and state their name and address for the records and to keep their comments within five minutes. In accordance with the Open Meeting Act, the Council will hear comments of public interest, but any discussion shall be limited to placing the item on a future agenda for consideration . Steve Ahrens of 409 Gaston Dr . North addressed the council concernign the fire department . Richard Parker of 802 Heatherwood thanked Council for the street program and wanted to know if the south end of Keeper was going to be done. There being no other business for discussion, a motion was made to adjourn with all in favor . John W. Akin , Mayor ATTEST: Nt .q�.L\'�� .�..s'"A"s.►n� i Carolyn J nes , i Secretary - �