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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