08-12-1986 (City Council) Minutes CITY COUNCIL MEETING
MINUTES
AUGUST 12, 1986
7:00 P. M.
The Wylie City Council met in regular session on Tuesday,
August 12, 1986 at 7 :00 P. M. in the Community Room. A
quorum was present and notice of the meeting had been posted
for the time and in the manner required by law. Those
present were Mayor Pro Tem Joe Fulgham, Council Members
Sandra Donovan, Calvin Westerhof, and Lowell Brewster, City
Manager Gus Pappas, City Secretary Carolyn Jones, Finance
Director James Johnson, David Medanich of First Southwest
Investments, Chuck Trimble, and representatives from the
Wylie News, Dallas Times Herald and Dallas Morning News.
Mayor Pro Tem Fulgham called the meeting to order and
Councilman Westerhof gave the invocation.
APPROVAL OF MINUTES: There being no corrections or
additions to the minutes a motion was made by Councilman
Westerhof to approve minutes of the July 15th, July 22nd,
and July 26th as submitted. Seconded by Councilman
Brewster. The vote was as follows: Mayor Pro Tem Fulgham -
in favor, Councilman Westerhof - in favor, Councilman
Brewster - in favor, and Councilwoman Donovan - in favor.
This motion carried with all in favor.
CANVASS ELECTION FOR AUGUST 9TH SPECIAL COUNCIL ELECTION:
Mayor Pro Tem Fulgham opened the election returns and read
the results as follows
Absentee Election Total
Voting Day Voting Votes
JOHN MORGAN 4 78 82
KERRY WEEKS 0 25 25
CHUCK TRIMBLE 7 151 158
KENT CRANE 1 write in vote
Motion was made by Councilman Westerhof to approve and
accept the election returns as read above. Seconded by
Councilwoman Donovan. The vote was as follows : Mayor Pro
Tem Fulgham - in favor, Councilman Westerhof - in favor,
210
Councilman Brewster in favor, and Councilwoman Donovan -
in favor. This motion carried with all in favor.
OATH OF OFFICE FOR NEWLY ELECTED MEMBER OF THE CITY COUNCIL:
Mr. Charles Trimble was elected in the Saturday, August 9th
Council Election. City Secretary Carolyn Jones gave the
oath of office to Mr. Trimble and he was seated at the
council table.
AUTHORIZATION TO REQUEST DATE FOR SPECIAL COUNCIL ELECTION
FROM THE GOVERNOR OF TEXAS: The City Secretary received a
call from the Secretary of State office requesting the
Council to send another letter requesting this special
election with signatures of all the council members. The
date for this election should be included in the letter.
AFter some discussion, the dates of November 22nd and
December 6th were requested by the Council . Motion was made
by Councilman Westerhof to approve and sign the letter to
the Governor requesting a special election for November 22nd
or December 6th. Seconded by Councilman Brewster. The vote
was as follows : Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, Councilman Brewster - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
ACCEPTANCE OF RESIGNATION OF MAYOR DON HUGHES: Mayor Don
Hughes resigned on July 22, 1986 from office. Motion was
made by Councilman Westerhof to accept the resignation of
Mayor Hughes. Seconded by Councilwoman Donovan. The vote
was as follows : Mayor Pro Tern Fulgham - in Eavor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, Councilman Brewster - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor .
PUBLIC HEARING ON THE RE-ZONING OF 5 .1053 ACRES OUT OF THE
S. D. SHELBY SURVEY, COLLIN COUNTY ABSTRACT 820 : This
property is located on SH 78 between the drive-thru bank and
Texaco Station. The request for re-zoning is from Retail to
Business One (B-1) . The petitioner is requesting Business
One zoning in order to allow for more flexibility of use.
The owner has a potential buyer who wants to use a portion
of the property for a restaurant with a drive-thru service.
The Planning and Zo 12L)ro,7a ,)J a
vote of 6-1 . Mayor Pro Tem Fulgham opened the public
hearing , ther hei li n ) I-z � :iDn or:
,1 ,a i 11 711 71 1 1 '�1
APPROVE ZONING ORDINANCE FOR 5.1053 ACRES OUT OF THE S. D.
SHELBY SURVEY, COLLIN COUNTY ABSTRACT NO. 820: This
property is located on SH 78 between the drive-thru bank and
Texaco Station. The request for re-zoning is from Retail to
Business One. Motion was made by Councilman Westerhof to
approve and sign the ordinance rezoning the property to
Business One. Seconded by Councilman Brewster. The vote
was as follows : Mayor Pro Tem Fulgham - in favor,
� - Councilman Trimble - in favor, Councilman Westerhof - in
favor, Councilman Brewster - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
APPROVE ORDINANCE AUTHORIZING THE ISSUANCE OF $1,800,000
CITY OF WYLIE TEXAS, GENERAL OBLIGATION BONDS AND THE AWARD
OF BIDS AND ALL OTHER MATTERS INCIDENT THERETO: Mr. David
Medanich of First Southwest made a request to the Council
for First Southwest to be allowed to bid on the bonds. The
Council said there was no problem with First Southwest
bidding on the bonds. Mr. Medanich received nine bids they
were as follows:
Interest
Merrill Lynch 7 .7342%
Inter First Dallas 8 .1389%
Prudential Bache 7 .9828%
Bear Stearns 7 .871349%
Masterson & Company 7.7203%
Rotan Mosel 7 .919991%
Dean Witter Reynolds 7 .896327%
Republic Bank Dallas 8 .262495%
First Southwest 7.978538%
Mayor Pro Tem Fulgham said the Council went to New York
recently for a bond rating and visited with Standard and
Poores and Moody Investments. These meetings were set up by
Mr. Medanich in order for the City to receive a new bond
rate. Mr. Medanich said Standard and Poores rated the City
with AA and Moody rated the City with BAA. Mr . Medanich
said this would give the City a rating of A minus for
trading the bonds. Mr. Medanich of First Southwest
recommends to Council to award the sale of bonds to
Masterson and Company with a rate of 7 . 7203% interest, this
company has also enclosed with their bid a good faith check
in the amount of $36,000 . Motion was made to award the sale
of bonds to Masterson and Company by Councilman Brewster.
Seconded by Councilwoman Donovan. The vote was as follows :
Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in
favor, Councilman Westerhof - in favor, Councilman Brewster
- in favor, and Councilwoman Donovan - in favor. This
motion carried with all in favor.
Mr. Medanich said the ordinance authorizing the sale and the
resolution authorizing the Paying Agent/Registrar would need
to be adopted. Motion was made by Councilman Westerhof to
approve and sign ordinance authorizing the sale of the bonds
and approve and sign the resolution authorizing the Paying
Agent/Registrar. Seconded by Councilman Brewster. The vote
was as follows : Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
212
favor, Councilman Brewster - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor. —.
APPROVAL OF ORDINANCE MAKING IT UNLAWFUL TO MAKE LOUD AND
UNNECESSARY NOISE CAUSING DISTRESS OR DISCOMFORT TO PERSONS
IN THE VICINITY: The Police Department has had numerous
complaints from residents regarding the loud playing of
stereo' s, musical instruments, amplifiers etc, as well as
loud parties causing irritation and distress in the
neighborhood. It is in response to these complaints and the
request of the Police Department that this ordinance has
been prepared for your review and asked for approval .
Motion was made by Councilwoman Donovan to approve and sign
ordinance making it unlawful to make loud and unnecessary
noise causing distress or discomfort to persons in the
vicinity. Seconded by Councilman Westerhof. The vote was
as follows : Mayor Pro Tem Fulgham - in favor, Councilman
Trimble - in favor, Councilman Westerhof - in favor,
Councilman Brewster - in favor, and Councilwoman Donovan -
in favor. This motion carried with all in favor.
APPROVAL OF ORDINANCE REGULATING BLOCK PARTIES, PUBLIC
GATHERINGS ETC: This ordinance is placed before the council
as a statement of policy for City employees to use as a
guide when requests for such gatherings come to them. There
have been calls from many citizens, particularly in the new
developments, for regulations for holding "block parties"
and the staff would like to have some guide lines from the
council . Councilwoman Donovan wanted to know if the fee of
$20.00 could be refunded when the citizens returned the
barricades and signs. City Manager Gus Pappas said if the
Council wants to refund the fee, the staff would recommend
not charging this fee at all .
Motion to approve the ordinance regulating block parties and
deleting the fee was made by Councilwoman Donovan. Seconded
by Councilman Westerhof . The vote was as follows : Mayor
Pro Tem Fulgham - in favor, Councilman Trimble - in favor,
Councilman Westerhof - in favor, Councilman Brewster - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor.
CITIZEN PARTICIPATION: Mrs. Olympia Margies of 10 Lucy Lane
in Wylie is here on behalf of herself and her husband. This
is in regards to a letter that was sent to the City stating
a possible lawsuit to the City and several Council Members.
This letter appears in the Wylie News, and at no time has
the people from the news office contact myself or my husband
about this lawsuit. My husband and I could not understand
how the news received a copy of this letter until recently
when Mr. Pappas wrote a reply to the editor. It was 'M"
explained that this letter was sent to the City and only the
Council Members received copies of this and how
correspondence is handled at City Hall . We now know that
the Wylie News did not receive their copy through proper
channels, so I have my suspicions as to how the news
received their copy. I am here tonight to inform the
Council and the citizens as to why you are being notified of
a possible lawsuit .
1. The City of Wylie - reason being the City did not
stay updated by state laws for mobile homes , the Code
Enforcement Officer did not enforce the City' s ordinance
100%. There were homes older than the four years that
received green tags and yet some received red tags. This
left some of the people without utilities and unhealthy
surroundings to live in. We had to pay for hotel rooms at
$50 .00 plus per night.
2 . The Council Members, Sandra Donovan, Calvin
Westerhof, Harold Spence, and Lowell Brewster. At the
Council meeting of April 8 , 1986 these council members
blocked the amendment to the ordinance with a negative vote.
This amendment would allow mobile homes over four years old.
These council members acted in a manner disregarding Mr .
Pappas' s statement from the City Attorney stating that this
ordinance was enforceable as written. Sandra Donovan
voicing a strong argument against mobile homes referring to
them as trashed out after the four years and putting them in
the same category as wrecked vehicles. I find these remarks
to be very degrading. If the council had listened to the
City Manager and the City Attorney, this problem would have
been corrected on April 8th and not been held up until April
29th Council meeting and after a lawsuit by Southfork had
been filed.
I have obtained through proper channels and have paid for my
copies of this, minutes from several years ago where the
Council took action against Mrs . Donovan parking her motor
vehicle on the street. After reading these minutes, I do
believe that Mrs. Donovan has taken action against mobile
home parks to get back at the City for this action.
Mr. Chris DiTota of 803 Douglas Court in regards to the
Rush Creek Lift Station - he is tired of sewer in his back
yard. When is Rush Creek Lift Station going to be
completed. City Manager Gus Pappas said the Rush Creek Lift
Station is on line and is working without problems. The
developer was to have completed the connection of the line
from the lift station in Mr. DiTota' s back yard to the main
line to Rush Creek Lift Station. The developer has not
completed this job, but has been paid for the over sizing of
the line. Mr. DiTota wanted to know if Mr. Pappas had the
power to make the developer complete the job. Councilwoman
~- Donovan wanted to know if this wasn' t corrected earlier.
City Manager Gus Pappas said there were several problems and
one of the problems was corrected, but the developer was to
214
complete this line and has not. Mr. Pappas also stated that
the developer took this line up to a point and stopped and
said it would be completed at the same time the old lift
station was taken off line. Mr. Pappas said if it was the
council ' s wish, he would take action against the developer
and begin the process of a lawsuit. The drainage ditch is
another problem and does need to be cleaned out . The
problem the City is having is the citizens do not want the
trees cut down and yet that is the only way to clean out
this ditch.
The water going into this ditch does not flow and does cause
a problem. The only way to make the water flow properly is
to remove these trees. Councilwoman Donovan wanted to know
why the City did not go ahead and do the job and then bill
the developer if he has not completed this job within two
weeks . Councilman Westerhof suggested we contact the City
Attorney, have him send a letter to this developer and set a
time limit on this project. If the job is not completed in
the time limit, then the City do the job and let the
attorney file suit against the developer. City Manager Gus
Pappas said the only problem is the developer is out of town
and it may be hard to serve him with a letter . City Manager
Gus Pappas said once all the sewer lines are completed, the
City will have to go in and do a lot of work on the grade
and slope of the ditch in order to open it up. The City
accepted this ditch without the developer doing any
improvements to it. Mayor Pro Tem Fulgham said this is why
the council put more teeth into the subdivision ordinance so
this would not happen any more. Councilman Westerhof said
to go ahead and contact the City Attorney and set a time
limit for this job to be completed . Council informed Mr.
Pappas to contact the attorney and have him give the
developer two weeks to complete the job, if the job is not
complete, the City will do the work and then file charges on
the developer.
Mr. Fred Ouelette of 407 Woodhollow Dr. said that several
council meetings ago there was some discussion about Moore
Industrial and the city land fill . The City is going out
for bids he just wanted the City to know that he is pleased
with Moore. "Moore has always picked up anything I put out
and I can understand an increase if they are requesting
one."
PRESENTATION BY REPRESENTATIVE OF COLLIN COUNTY WOMEN' S
SHELTER: Mrs. Barry Cunningham representative of Collin
County Crisis Center came before the council to request help
in getting a program for battered wives started in Collin
County. She said they are requesting help from each city in
Collin County. Mrs. Cunningham stated that one out of four
women will be abused during their life. There is no safe
haven for abused women in Collin County at this time. If ...
Denton or Sherman has room, we can send them there for one
night. Councilwoman Donovan wanted to know how much they
were asking each city for. Mrs. Cunningham said they are
- - asking each city for $2 ,000 .00 to get the program started.
They have been given about $14 ,000 from people who have
heard about the program. Councilwoman Donovan wanted to
know if the home was in McKinney. Mrs. Cunningham said at
the present, there is a home in McKinney that they are
looking at. Councilman Westerhof wanted to know if there
was more information such as income, how long they can stay,
etc. City Manager Gus Pappas said the Constitution of the
United States forbids they city to give money to a non-
profit organization. Denton does do this by having a
committee and the City contracts for the public safety of
the citizen. Mr. James Johnson, Finance Director, is
looking into this to see what the City can do to help.
City Manager Gus Pappas also said that the City can give to
the Chamber and they in turn could give the money to this
group. Council requested more information be sent to them
prior to them making a decision.
APPROVAL OF CONTRACT WITH TALEM, INC. FOR MONITORING AND
TESTING SERVICES FOR INDUSTRIAL DISCHARGE: This item was
tabled at the last meeting and has been placed before you
for your consideration. This organization comes highly
recommended by the City of Richardson, for whom they have
been performing similar services for some years. The
industrial waste ordinance we have is difficult , if not
impossible, to enforce because we do not have any concrete
evidence, testing, and monitoring on which to base
enforcement. Talem, Inc. is a well respected firm who can
provide service from a neutral vantage point, without any
local ties or sympathies to make their findings suspect from
any viewpoint. If the Council approves this contract, this
organization will provide the necessary information for us
to bring industrial pollutants under control and into
compliance. City Manager Gus Pappas said the initial cost
of getting this set up is between $3 ,000 . and $5,000 . After
this the City is entitled to bill the producer of the
problem for the test. Councilman Westerhof wanted to know
if North Texas Municipal Water District could provide this
service. Councilwoman Donovan wanted to know why this did
not come to Council for authorization to go out for bids.
City Manager Gus Pappas said that for engineering services,
for testing is considered health and safety for citizens and
does not require bids. There were four firms that were
considered prior to us recommending Talem. Councilwoman
Donovan wanted to know if NTMWD was one of the firms. City
Manager Gus Pappas said he thought NTMWD was one of the four
and that NTMWD tells us they do Richardson, but the City of
Richardson says Talem has done their testing for about six
years. Councilwoman Donovan said she has called NTMWD and
they do this and will give a full service. Mayor Pro Tem
Fulgham said he is ready for a third party to do this
because of the news and NTMWD. It is time for this Council
to stand up and get a third party to give reports to us.
216
City Manager Gus Pappas said that Talem would be a third
party with the ability to go forward and enforce the issue. --.
Councilwoman Donovan wanted some figures from other firms.
Mayor Pro Tem Fulgham said this report received from the
engineers on the wastewater treatment plant is why we need
to get a third party. This firm would be like an advisor to
the City. City Manager Gus Pappas said the staff believes
the City needs a third party to review and do the testing.
"You do not leave the fox guarding the hen house."
Motion was made by Councilman Westerhof to table this item.
Seconded by Councilwoman Donovan. The City Manager Gus
Pappas said the State has put a time table on us and this is
one of the problems that they want started within thirty
days. Staff needs a decision by the next meeting date. The
vote on the above motion was as follows : Mayor Pro Tem
Fulgham - in favor, Councilman Trimble - in favor,
Councilman Westerhof - in favor, Councilman Brewster - did
not vote, and Councilwoman Donovan - in favor. This motion
carried with four in favor and one not voting.
ACCEPTANCE PUBLIC IMPROVEMENTS FOR POINTE NORTH II : The
improvements have been completed and inspected by the
Engineering and inspection departments. The staff and
engineering department recommends approval of the acceptance
of the public improvements for Pointe North II . Motion was
made by Councilwoman Donovan to accept the public .11111111.
improvements for Pointe North II . Seconded by Councilman
Trimble. The vote was as follows : Mayor Pro Tem Fulgham -
in favor, Councilman Trimble - in favor, Councilman
Westerhof - abstained, Councilman Brewster - did not vote,
and Councilwoman Donovan - in favor. City Manager Gus
Pappas said that the City Attorney has given the staff a
written opinion and in the case where there are only four
people voting and one must abstain, the motion will carry.
This comes from case history that the attorney has checked
out. This motion carried with three in favor and one
abstention and one not voting.
ACCEPTANCE OF SANITARY SEWER LINE FROM WYLIE SAVINGS AND
LOAN: This is the sanitary sewer line installed for the
Wylie Savings and Loan located on S. Jackson and SH78 . The
City inspector has inspected this line and the engineering
department recommends approval . Motion was made by
Councilwoman Donovan to accept the sanitary sewer line from
Wylie Savings and Loan. Seconded by Councilman Westerhof .
The vote was as follows : Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, Councilman Brewster - did not vote, and Councilwoman
Donovan - in favor. This motion carried with four in favor
and one not voting.
ACCEPTANCE OF SOUTHFORK MOBILE HOME PARK OFF-SITE WATER
LINE: The City' s subdivision inspector has made his
inspections and the Engineering department and inspector
recommends this for approval . Motion was made by Councilman
Westerhof to accept the off-site water line at Southfork
Mobile Home Park. Seconded by Councilman Trimble. The vote
was as follows : Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, Councilman Brewster - did not vote, and Councilwoman
Donovan - in favor. This motion carried with four in favor
and one not voting .
APPROVE CONSTRUCTION PLANS FOR LAKE RAY HUBBARD MOBILE HOME
PARK: This park is located at the "y" formed by S. FM 544
and Vinson Road. The engineering staff has reviewed these
plans and recommends them for approval . The Planning and
Zoning Commission reviewed these plans also and recommend
them for approval . Motion was made by Councilman Westerhof
to approve the construction plans for Lake Ray Hubbard
Mobile Home Park. Seconded by Councilman Trimble. The vote
was as follows : Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, Councilman Brewster - did not vote, and Councilwoman
Donovan - in favor. This motion carried with four in favor
and one not voting.
ACCEPTANCE OF RIGHT-OF-WAY FOR VINSON ROAD AND FUTURE SPRING
CREEK BOULEVARD: The City Engineer has advised the staff
that these two roadway rights-of-way were not included in
the property description on the plat. These are shown on
the plat but since there is no subdivision, they must be
dedicated by separate instrument. These rights-of-way are
shown on the plat. Motion was made by Councilwoman Donovan
to approve and accept the rights-of-way for Vinson Road and
future Spring Creek Boulevard. Seconded by Councilman
Westerhof. The vote was as follows : Mayor Pro Tem Fulgham
- in favor, Councilman Trimble - in favor, Councilman
Westerhof - in favor, Councilman Brewster - did not vote,
and Councilwoman Donovan - in favor. This motion carried
with four in favor and one not voting.
ACCEPTANCE OF DRAINAGE & UTILITY EASEMENT FROM LAKE RAY
HUBBARD MOBILE HOME PARK: The City Engineer has also
notified the staff that this item must be handled separately
since there is no subdivision within the mobile home park.
The engineering staff recommends approval of these
easements. Motion was made by Councilman Westerhof to
approve and accept the drainage and utility easement from
Lake Ray Hubbard Mobile Home Park. Seconded by Councilwoman
Donovan. The vote was as follows : Mayor Pro Tem Fulgham -
in favor, Councilman Trimble - in favor, Councilman
Westerhof - in favor, Councilman Brewster - did not vote,
and Councilwoman Donovan - in favor. This motion carried
with four in favor and one not voting .
218
APPROVE DEVELOPMENT PLANS FOR "THE MEADOWS" : City Manager
Gus Pappas stated to the council that this would be the
final time for them to see these plans. The public
improvements have been put in and approved and accepted by
the City when this was first developed for duplexes. The
Planning and Zoning recommends approval with the
incorporation of all the recommendations they made at their
first review. Motion was made by Councilman Westerhof to
approve development plans for "the Meadows" . Seconded by
Councilman Trimble. The vote was as follows : Mayor Pro Tem
Fulgham - in favor, Councilman Trimble - in favor,
Councilman Westerhof - in favor, Councilman Brewster - did
not vote, and Councilwoman Donovan - in favor. This motion
carried with four in favor and one not voting.
COUNCIL DISCUSSION: Councilwoman Donovan wanted to know if
City Manager Gus Pappas could get a break down on the draw
down schedule with Speed Fab-crete. City Manager Gus Pappas
said he could, but it was not ��Sleted , and interest has
dropped but I will put copies ;' ri our boxes.
j,
Councilwoman Donovan also wan. ''d to know why the pulled
items from the last council m 4, t ng` were not on this agenda.
City Manager Gus Pappas said te. tabled item on the street
names for Southfork was pulled 'by the request of their
owners. Until they come back to staff , this item will not
come back before the Council . City Manager Gus Pappas asked
Mrs. Donovan if she was referring to his termination and if
so, it was my fault and I will be glad to put the item on
the next agenda if you so wish.
Councilwoman Donovan wanted to know in the subdivision
ordinance ---- what do we have on water leaks --- can this
be tightened up. The City has torn into sidewalks to fix
leaks. City Manager Gus Pappas said the City never went to
the trouble with builders on stating where the water and
sewer line became the property owners responsibility. Today
the subdivision ordinance addresses this and puts the meter
and clean outs where the property owner knows where his
responsibility begins.
Councilwoman Donovan said at the ball fields, the meter
boxes do not have lids on them. City Manager Gus Pappas
said this would be corrected.
Councilman Westerhof said the lights in the downtown area
are burned out. City Manager Gus Pappas said he would have
them changed out.
City Manager Gus Pappas said he needed some direction on the
street program. The letters have gone out and some have
been returned. If we take this area in two parts, one part
has had 67 .18% in favor and the other has only had 24% in
favor. The School has called and would like for us to wait
1 J
until they have finished their improvements to Hartman
Elementary before we start the street. City Manager Gus
Pappas wanted to know if the Council would like to have
these put on the next agenda to vote on going ahead with the
project or moving to another area. The Council said to put
them on the agenda.
Councilwoman Donovan wanted to know if the council needed to
have a work session on this to get some direction on where
to go next on the street program.
Motion was made to adjourn by Councilman Westerhof, seconded
by Councilwoman Donovan, all were in favor.
Otnut
f,
`roe Fulgham ayor Pro Tem
a
ATTEST:
1 E TEX
Carolyn a".er$
, Secretary