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10-14-1986 (City Council) Minutes 24 CITY COUNCIL MEETING MINUTES OCTOBER 14, 1986 7 :00 P. M. The Wylie City Council met in regular session on Tuesday, October 14 , 1986 at 7 :00 P. M. in the Wylie 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 Calvin Westerhof, Charles Trimble, and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Engineering Staff I . W. Santry, representatives from the Wylie News and Plano Star Courier . Mayor Pro Tem Fulgham called the meeting to order and gave the invocation. APPROVAL OF MINUTES: There being no corrections or additions to the minutes, a motion was made by Councilman Trimble to approve minutes for September 23, 1986 . Seconded by Councilman Westerhof . The vote was as follows : Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF ORDINANCE AMENDING ORDINANCE 81-15, THE FIRE CODE ORDINANCE: This amendment to the Fire Code Ordinance has been put before you at the request of the Fire Marshal Lester Gayler. The City has been experiencing an unusual number of fires that are believed by the fire marshal to be arson. The staff and Mr. Gayler have discussed this and feel that the rewards for information leading to the arrest and conviction of any person found guilty of arson be set at $250 .00 , $500 .00 and $1 ,000 .00 . This ordinance would allow the City Manager and the Fire Marshal to grant the reward in accordance with the type fire, and the loss amount involved in the fire. The $1,000 .00 reward would go to eye witness accounts only. Motion was made by Councilman Westerhof to approve the amendment to the Fire Code Ordinance setting reward monies at $250.00 , $500 .00 and $1 ,000 .00 and that the City Manager and the Fire Marshal decide which reward should be rewarded. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. APPROVAL OF ORDINANCE AMENDING ORDINANCE 84-12 , THE FEE ORDINANCE FOR THE CITY OF WYLIE ESTABLISHING SPECIFIC FEES 25 FOR THE OPERATION OF TAXICABS: The City adopted Ordinance No. 85-51B regulating the operation of "vehicles for hire" . The Code Enforcement Dept . has had some preliminary inquiries about permits for operating a taxicab in Wylie. Although the ordinance was passed, there was never a fee set for this permit. Since the Code Enforcement Dept. has been having inquiries, staff feels now is the time to set the fees for this permit. The staff recommends a fee of $50 .00 per unit per year for street rental charge and $25.00 per driver per year for the driver permit. Motion was made by Councilman Trimble to amend the fee ordinance to read that a fee of $50 .00 per unit per year for street rental charge and $25.00 per driver per year for the driver permit . Seconded by Councilman Westerhof . The vote was as follows : Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in favor , Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . APPROVAL OF RESOLUTION IN SUPPORT OF LOCAL OPTION ADDITIONS TO CHAPTER 152, MOTOR VEHICLE TAXATION LAWS: The City of White Settlement has written asking for your support of local option additions to Chapter 152 , Motor Vehicle Taxation Laws . Basically this resolution calls for a small percentage of the Motor Vehicle Sales and Use Tax be credited to the City Allocations Division of the State Comptroller of Public Accounts for monthly distribution to the originating city. The staff has prepared a resolution which if adopted will be forwarded to the Chairman of the Resolution Committee of the Texas Municipal League to be presented to the Texas Legislature. Councilwoman Donovan stated that at the TML conference this item was voted on and passed. Councilwoman Donovan stated that she voted for it and represented the City of Wylie. There was no motion on this item. APPROVAL OF POLLUTION CONTROL ORDINANCE FOR THE CITY OF WYLIE: The Water and Wastewater Pollution Control and Abatement Ordinance was drawn up by TALEM, Inc. . This is one of the first request of TALEM, Inc. and is a better and more easily enforced ordinance. The passage of this ordinance is necessary in order to begin to control the discharges from within our City that are having a negative effect on the sewage treatment plant. The Texas Water Commission and State law both require and desire that the City have such an ordinance and begin to enforce it . Staff recommends passage of this ordinance with two changes, one being that the language pertaining to a certain named person be changed to reflect "The City" , this will keep the council from having to amend the ordinance whenever staff changes are made. Seconded that the permit fee be set at $100 .00 for waste hauling permits and for major industrial/commercial users instead of the $10 .00 and $25 .00 fee. This is an annual fee. A motion was made by Councilman Trimble to approve the pollution control 26 ordinance for the City of Wylie with the permit fee being set at $100 .00 annually and the language referring to specific persons be changed to "The City" . Seconded by �. Councilman Westerhof . The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. APPROVAL AND EXECUTION OF FINANCE CONTRACT FOR THE ACQUISITION OF AMBULANCE SERVICE AND OTHER VEHICLES: This document was prepared by Fulbright and Jaworski for your review and approval in order to finalize the contract for acquisition of the ambulance service and equipment, a new ambulance and the new Chevrolet Suburban for the Fire Department. Finance Director James Johnson said these figures were approved and are apart of the 86-87 budget. This will set up a transfer date of October 30, 1986 with the Allen' s. Motion was made by Councilwoman Donovan to approve and execute the finance contract for the acquisition of ambulance service and other vehicles. Seconded by Councilman Westerhof . The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF RESOLUTION RELATIVE TO THE EXTENSION OF SCHOOL ZONES ON W. BROWN ST. AND ON E. STONE ROAD: Mr. I . W. Santry has been working with the Traffic Section of the -� State Department of Highways and Public Transportation relative to the status of the flashing lights requested at the Birmingham Elementary School and other school zones. After a meeting with the above, Mr. Santry reports the following: 1 . the flashing lights for the Birmingham Elementary School Zone are part of a construction program and will be accomplished during the next year . The flashing lights should be in place for the school year 1987-88; 2. The non-flashing school zone signs for the Birmingham Elementary School are to be extended west and east to provide a zone length of 1000 feet. It will also provide a 20 mile per hour limit; 3 . There will be no change in the 25 mile per hour school zone on State Highway 78; 4 . The school zone sign on East Sonte (FM544) will be moved just East of Thomas Street and West of Dogwood Drive for greater protection; 5 . The overall speed zone along East Stone Road (FM544) and South FM 544 is under review and study by the 27 above board and will be adjusted as to the location of the 30 , 40 , and 55 mile per hour sections. The ordinance is recommended by the Engineering Staff to be approved. Councilwoman Donovan wanted to know if a group of parents could help speed up the flashing lights, if they would call the State Department and voice their concern for the safety of the children. City Manager Gus Pappas said there are a number of flashing lights needed in Collin County and the State is grouping these together for bid and installation this summer. Mr. I . W. Santry said calling the State would not help speed up this project. Motion was made by Councilwoman Donovan to approve and sign ordinance for school zone for West Brown Street (FM 3412) . Seconded by Councilman Westerhof . The vote was as follows : Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. CITIZENS PARTICIPATION: There was no participation from the citizens that were present. AUTHORIZATION TO GO OUT FOR BIDS FOR POLICE PATROL CARS: These are budgeted items but the council must approve the expenditure to initiate the bidding process. The City has been contacted by at least two dealers who have on hand new, police package vehicles which are the last model year but are new vehicles which can be bid at a lower cost and can be delivered in a matter of a few days after the award is made, that is, if the cars are still available. Motion was made by Councilman Trimble to grant authorization to go out for bids for police patrol cars . Seconded by Councilman Westerhof. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AWARD OF BID FOR FIREMEN 'S PROTECTIVE CLOTHING: This item was bid out with only one bid being received. There were two bid packets mailed out. The one bid was received from Fred Huber & Associates in Humble, Texas and is in the amount of $9,398 .40 . Staff would like to point out that the bid states that there is an oversize charge for chest sizes over 46" . A size 48-50 runs an extra 10%. The same holds true on the overall . A size 46-50 waist carries an additional 10% charge. Motion was made by Councilwoman Donovan to award the bid to Fred Huber & Associates in Humble, Texas. Seconded by Councilman Trimble. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor , Councilman Westerhof - in favor , and 28 Councilwoman Donovan - in favor. This motion carried with all in favor. AWARD OF BID FOR PAVING OF ADDITIONAL PARKING LOT FOR SOUTH WYLIE FIRE STATION: The City Staff received 6 bids on the parking lot for the South Wylie Fire Station. Staff has two recommendations, first, to reject all bids because of the base of the slab and the slab needs to be thicker, or second, the City crew prepare the base and award the bid to Teton Constructions of Lewisville, who is the low bidder. The additional cost of the base work for the City will be approximately $1 ,000 .00 . Councilman Trimble wanted to know if you added the base to the bid would it be more than the $1,000 .00 . Mr. I . W. Santry said yes. Motion was made by Councilman Trimble to award the bid to Teton Construction and have the City do the base work. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AWARD OF BID FOR PIPING AND PUMPING EQUIPMENT AND CONSTRUCTION OF A METER VAULT AND PUMP HOUSE AT NORTEX GROUND STORAGE SITE: The City Staff received two bids on this item as follows: Tim Dawson Utility Contractors Total Bid $45,557.00 Flowers Bros. Equipment Const. Company, Inc. Total Bid $111 ,527 .30 The Engineering Staff recommends the award of the bid to Tim Dawson Utility Contractors of Dallas, Texas in the amount of $45,557 .00 . Motion was made by Councilman Westerhof to award the bid for the piping and pumping equipment and construction of a meter vault and pump house to Tim Dawson Utility Contractors in the amount of $45,557 .00 . Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor , and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF REIMBURSEMENT OF OVERSIZING COSTS FOR 12 INCH WATER LINE IN WESTGATE PHASE 1 : The recommendation from the engineering staff to reimburse the developers of Westgate Addition Phase 1 for costs of oversizing requested by the City of a 12 inch waterline. The charges have been reviewed and the amount being recommended by staff is $12,602 .40 . Motion was made by Councilwoman Donovan to approve the reimbursement of oversizing costs for 12 inch waterline in Westgate Phase 1 for the amount of $12,602 .40 . Seconded by Councilman Trimble. The vote was as follows : 29 Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. ACCEPTANCE OF DEDICATION OF ORNAMENTAL DOWNTOWN STREET LAMPS: When the ornamental street lights were installed in the downtown area it was agreed that the City would accept the dedication and be responsible for the maintenance and operation of the lights. The City has been performing this function in actuality, the formal dedication has not been made and accepted. The City staff has received a letter from the Chamber of Commerce and the Downtown Merchants Association requesting the Council to accept dedication of the ornamental downtown street lamps. Motion was made by Councilman Trimble to approve dedication of ornamental downtown street lamps. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor , Councilman Westerhof - in favor , and Councilwoman Donovan - in favor. This motion carries with all in favor . DECISION TO NOT SEND OUT TAX STATEMENTS IN AMOUNTS LESS THAN $5 .00: This request is to not send out tax statements for amounts less than $5.00 , because the cost of postage, handling, etc. is generally considered to be more than the actual revenue gained. Motion was made by Councilwoman Donovan to grant authority to the city staff not to send out tax statements in amounts less than $5.00 . Seconded by Councilman Westerhof. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor , Councilman Westerhof - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. AUTHORIZATION OF DELETION OF PROPERTY OWNERS OUTSIDE CITY LIMITS FROM TAX ROLL: Each year there are property owners outside the City limits who are inadvertently included in the City' s tax rolls. The City Tax Assessor/Collector needs your authorization to delete these names from the roll . Motion was made by Councilman Trimble to delete the property owners outside the City Limits from the tax roll . Seconded by Councilwoman Donovan. The vote was as follows: Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in favor , Councilman Westerhof - in favor , and Councilwoman Donovan - in favor. This motion carried with all in favor . TRAFFIC CONTROL FOR ALLEY BETWEEN WOODHOLLOW CT. AND BUTLER CIRCLE : When the city staff sent out questionnaires to the adjacent property owners, the City was thinking in terms of speed limits, speed bumps, or a one way designation. The majority of the replies wanted the alley barricaded at one end to eliminate through traffic. The city staff has written to the City Attorney asking if that is legally an option, he has advised us that there are certain steps and procedures that must be followed. If it is the Councils 30 decision to solve the problem in that manner , then the staff will proceed with whatever steps are necessary. Councilman Westerhof does not believe that speed bumps would slow the traffic down. Motion was made by Councilman Westerhof to block off the alley way at Butler Circle. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. CONSIDER SETTING DATE FOR JOINT WORKSHOP WITH ST. PAUL RELATIVE TO WASTEWATER TREATMENT AGREEMENT: For some time there have been discussions between the cities of Wylie and St. Paul for a wastewater treatment agreement. This week, the city staff received a letter from St. Paul requesting this workshop. Mayor Pro Tem Fulgham said to put the workshop on a regular agenda, if it is not to heavy of an agenda. City Manager Gus Pappas said he would forward to each Council Member copies of all the correspondence pertaining to this matter . COUNCIL DISCUSSION: Councilman Trimble asked Larry Allen about the fire over the weekend. Larry Allen said they arrived at 1:38 A.M. one of the neighbors advised at least one person was in the house. This neighbor helped two males who had run out of the house, and then went to try and get the others out. The neighbor then went back to the front when he saw he could not get into the house, the other two parties had already left. Councilman Trimble asked if the City had a full time fire department would this had helped in controlling this fire. Larry Allen said a paid group would have been there in about two minutes less than what the voluntary unit were there in. Councilwoman Donovan wanted to know whose duty it was to check the fire hydrants. City Manager Gus Pappas said that both the fire department and public works should check the fire hydrants. The fire department should check them so they will have confidence in their equipment and public works as a follow up. The most effective program is where both have checked the hydrants. Councilwoman Donovan wanted to know if the street sweeper could run in the downtown area prior to the street dance and could public works mow on Highway 78 and by the fire and police station. City Manger Gus Pappas said CH2M Hill has submitted another report for the Council to review. They would like Council' s responses by the end of this month. Mayor Pro Tem Fulgham commended public works for the water line they have been putting in behind Hilltop. 31 There being no other business, a motion was made to adjourn, with all in favor. _. r ag i �nn . , , , /eFul ham ayor Pro Tem ATTEST: P �4 �'L IE, j -1, -`� Carolyn s, Secretary