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01-27-1987 (City Council) Minutes 119 CITY COUNCIL MEETING MINUTES JANUARY 27, 1987 7:00 P. M. The Wylie City Council met in regular session Tuesday, January 27 , 1987 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 Chuck Trimble, Mayor Pro Tem Joe Fulgham, Council Members Calvin Westerhof , Sandra Donovan, and Kent Crane, City Manager Gus Pappas, City Secretary Carolyn Jones , Code Enforcement Officer Roy Faires, Acting Public Works Director Kenneth Moelling, Finance Director James Johnson, I . W. Santry of the Engineering Department. Councilman Martin was out of town. Mayor Trimble called the meeting to order and gave the invocation. APPROVAL OF MINUTES: Minutes being submitted for approval are for the meetings of January 10th, 13th, 14th, and 19th, 1987 . Councilwoman Donovan corrected the motion that was made on the January 13th meeting in regards to businesses serving alcoholic beverages as follows : Section 4 .1 to omit the portion "operation for at least six months prior to December 31st calendar year" . Motion was made by Councilwoman Donovan to approve the minutes of the January 10th, 14th, and 19th as submitted and approve the January 13th with the above correction. Seconded by Mayor Pro Tem Fulgham. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . PROCLAMATION FOR FEBRUARY, 1987 AS AMERICAN HISTORY MONTH IN WYLIE: This item is brought to Council at the request of Agnes Dempsey of Wylie and is for the Rockwall Chapter, Daughters of the American Revolution. Motion was made by Mayor Pro Tem Fulgham to approve and sign proclamation for February, 1987 as American History Month in Wylie. Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor, Councilman Crane - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor. CALL FOR GENERAL ELECTION TO ELECT COUNCIL PLACES 1 , 3 AND 5 ON APRIL 4 , 1987: This is a formal action that is needed by Council in order to conduct the April 4th election. Motion 120 was made by Mayor Pro Tem Fulgham to approve the call for the general election to elect Council Places 1, 3 , and 5 on April 4 , 1987 . Councilwoman Donovan said she had questions on election procedures, and would like to have a discussion on these procedures at a work session. The above motion was seconded by Councilwoman Donovan. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. Mayor Pro Tem Fulgham said he did not mind discussion these procedures at this time. There was no other comment. APPROVAL OF CANVASSING BOARD FOR APRIL 4 , 1987 ELECTION: Councilwoman Donovan said in checking with other, it was the duty of the council to appoint the judge and alternate judge for the election. There are things staff is doing, that should be done by council . Councilwoman Donovan said there is a meeting on Feb. 12th that we should all attend. City Manager Gus Pappas said staff has always known that Council does make the final decision. The staff just puts a list of names together for your approval . Mayor Pro Tem Fulgham said he understood this but he had rather staff do it because he does not think this Council ... can come up with the list. After some discussion, there was a work session set for February 3 , 1987 at 6 :30 P.M. on the election crew. AUTHORIZATION FOR CITY MANAGER TO HOLD CANDIDATES BRIEFING ON SATURDAY, FEBRUARY 21, 1987: This briefing session has been held for the past three years to brief candidates on budget, city programs and etc and to answer any questions they may have. The council needs to grant permission to the City Manager for him to hold this briefing session. Motion was made by Councilman Westerhof to approve the candidates briefing on Saturday, February 21 , 1987 . Seconded by Councilwoman Donovan. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Crane - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor. APPOINTMENT OF VOTING REPRESENTATIVE TO NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS: North Central Texas Council of Governments has asked the council to appoint someone to be the voting representative. This vote is usually done by mail . Motion was made by Mayor Pro Tem Fulgham to appoint Councilman Westerhof as the voting representative to North Central Texas Council of Governments. Seconded by Councilman Crane. The vote was as follows : Mayor Trimble - 121 in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF ORDINANCE REGULATING THE LEAVING OF DEBRIS ON CITY STREETS: City Manager Gus Pappas stated that the existing ordinance was old and very small and gave people two (2) days to remove the debris . Staff is asking the time be four (4) hours to have debris cleaned up. Councilman Westerhof wanted to know if this would also take care of construction sites. City Manager Gus Pappas said if it was a new subdivision that had been accepted by Council , then yes, but if the streets had not been accepted it would be no. Motion was made by Mayor Pro Tem Fulgham to approve ordinance regulating the leaving of debris on City Streets. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . APPROVAL OF ORDINANCE ESTABLISHING "NO SMOKING" REGULATIONS DURING OPEN PUBLIC MEETINGS OF CITY BOARDS AND COMMISSIONS: This ordinance is brought before Council at the request of Councilwoman Donovan at the work session. This ordinance will regulate or prohibit smoking during public meetings of boards and commissions of the City. Mayor Pro Tem Fulgham also asked that item 13 be discussed at this time. Mayor Pro Tem Fulgham said to use a purifier with a filter that would pull the smoke out of the room and into the filter. Mr. James Johnson said for it to work it would need to be connected with the air system. If you don' t have a return air on it , it will not work as well . Councilwoman Donovan said she has done some study on this, but she would like for the Council to go ahead with this ordinance. A lot of companies are going to no smoking work areas and having designated areas for smoking. Motion was made by Councilwoman Donovan to approve the ordinance establishing "No Smoking" regulations during open public meetings of the City Boards and Commissions. Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF PARK DEDICATION ORDINANCE: This ordinance is presented to the Council and recommended for approval by a joint meeting of the Planning and Zoning and Parks and Recreation Boards. Both boards have studied this ordinance and the present edition has undergone several changes . Staff also recommends approval of this ordinance. Mr . Roy Faires stated that work began on this ordinance 122 approximately six (6) months ago. Staff has checked and does know that College Station after a lot of research passed such an ordinance. The City of College Station was taken all the way to the Supreme Courts and has had their ordinance up held as a valid ordinance. Councilman Westerhof stated at this time he could not be in favor because he felt this ordinance may keep the new developers from coming into Wylie. Maybe at a later date I could be in favor of it. Councilwoman Donovan wanted to know if any other cities had this . Mr. Faires said some have used an ordinance like this but had not been tested. Mayor Pro Tem Fulgham said McKinney has it . City Manager Gus Pappas said the City would be in the minority at this time. Mr . Faires said he has talked with a new developer who is looking at Wylie and this developer asked if the City had such an ordinance. City Manager Gus Pappas said our City competes with cities that are more our size and these cities do not have this ordinance. The larger cities do have this but we do not compete with the larger cities. Mayor Pro Tem Fulgham said he listen to a lawyer lecture on this ordinance, and he was the one that took it to the Supreme Court. Mayor Pro Tem Fulgham said you may cut out a couple of developers. City Manager Gus Pappas said when this ordinance first come up in other cities , it was to stifle growth. City Manager Gus Pappas stated the best time to pass an ordinance like this is when you are in a valley and not at a peak of growth. There is no one at this time working on a development from a timing stand point and a valley is the best time to pass this ordinance. Councilman Crane said when Planning and Zoning worked on this it was considered to be small money on these parks. This would not build a park but be seed money to start a park. More important it sets aside the land for parks a for the City at a later date. Mayor Pro Tem Fulgham said he understands what Councilman Westerhof is saying, but this is small money. Councilman Crane said he agrees with the City Manager, if you do not do this early, then you don' t do it. Councilwoman Donovan said she agrees with the City Manager, either do it now, or don' t do it. Councilman Crane said a developer can use this to help sell his lots if he uses the park in the advertising. Councilman Crane also stated to remember that this would not fund the parks, it will only be seed money and the land for a park. Motion was made by Councilman Crane to approve the park dedication ordinance. Seconded by Mayor Pro Tem Fulgham. The vote was as follow: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - against, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with four (4) in favor and one (1) against. APPROVAL OF PARK MASTER PLAN: City Manager Gus Pappas said ...� to the best of anyones knowledge, there has never been a park master plan for the City of Wylie. Just a few weeks ago the Council passed a land use plan, and there is a need 123 to set aside areas where the Council and other boards would like to see parks . This is just a plan and can be amended at any time the Council so chooses. Some of the areas being recommended for parks are Muddy Creek, Texas Power & Light easements, pond on DingBang Wang property, flood plain on Louis Reese property, large drainage and creek at the new Wylie Community Hospital plus the two current parks and the park behind Valentine and Willow Way. The proposed park in Birmingham Farms property and the park at Lake Ray Hubbard Mobile Home Park and the wilderness park at Lake Lavon near the damn. Motion was made by Councilman Crane to approve the park master plan. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor , Councilman Crane - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor . PRESENTATION BY HOMER "BUDDY" MINYARD ASKING COUNCIL TO DECLARE ORDINANCE 86-50 AND ORDINANCE 86-51 INVALID: Mr . Buddy Minyard owns the property at 2701 Hwy 78. Mr. Minyard asked Councilman Westerhof where he worked in May 1986 . Councilman Westerhof said the Kreymer Company. Mr. Minyard asked how long he worked there. Councilman Westerhof said from December, 1985 to December 1986 . Mr. Minyard said at the time you were employed , what percent of your gross income came from Kreymer Company. Councilman Westerhof said 100% . Mr . Minyard then rear Article 988B, Sec. 3A1 and Sec. 2A2 which states the law for public officials and conflict of interest. Mr . Minyard then stated that on February 24 , 1986 , 4 .95 Acres was listed for sale by the Kreymer Company. Councilman Westerhof did work for the Kreymer Company at this time. There is a letter from the Kreymer Company stating that this property would be annexed and zoned Business 2 . The City of Wylie did not mail out letters on the annexation of this property until March , 1986 , with the schedule of public hearings being on March 20 , 1986 for Planning and Zoning and March 25, 1986 for City Council , and the vote being on May 13, 1986 . Council voted as follows : Mayor Hughes, Councilmen Westerhof , Brewster and Fulgham in favor, and Councilwoman Donovan against. There were no conflict of interest forms signed at that meeting. Kreymer Company knew prior to the City annexation this property would be annexed and what it would be zoned . Mr . Minyard stated that he believed he has shown the Council that there was a conflict of interest and that these ordinances should be declared invalid . City Manager Gus Pappas said there is no argument with the papers Mr . Minyard has, these are facts. The last time Mr . Minyard came in we asked his attorney to put into words the facts of the case and send them to the staff so we could forward it on to our City Attorney for a ruling. As of this date, I have received no letter. City Manager Gus Pappas stated that he did finally send a letter to the City 124 Attorney for his opinion. Mr. Jackson states that law is very seldom the written word itself but is interrupted by - the Courts. One test is the percent of income received and there are several other tests. Did Mr . Westerhof know that the property was listed, is a question that needs to be asked . Did he know at the time he voted what it would benefit his company. If the property sold would have the $19 ,140 . been a benefit to the company. But the main questions is, by annexation and zoning how much would this action increased the commission from the sale. In summary, Mr. Jackson advice, based on these facts suggested that the conflict of interest is not clear enough for you to take action to void these ordinances . Mayor Trimble said there was nothing to be added and he does not want to take action. CITIZEN PARTICIPATION: Mr . John Pierrel of 604 Stoneybrook, what is the reading of public ordinance and public hearings. I was denied my right to speak when item 8 came up. I would like to point out the note of we allow the citizens. The Charter says you will let citizens speak, and so does the Constitution of the United States. I do not appreciate being ignored. Becky Fortenberry, 116 Windsor, regarding item 17 , street lights in Kinsington Manner. There are a lot of children out and it gets dark earlier and these streets do not have enough light. It is very hard to see, because it is so dark ..� on these streets at night. Pat Zimmerman 710 Norfork Dr . said she does have a street light and does appreciate it. There are only three (3) lights on these two streets and we do need more since there are 60 homes . Carol Lassiter, 112 Windsor, I live mid-way in the block and it is dark. My husband works nights and I am by myself. I would appreciate a light. AUTHORIZATION TO PURCHASE AIR PURIFIERS FOR COMMUNITY ROOM: Mayor Pro Tem Fulgham said he would pull this item. The reason he put it on was because he thought he had a purifier and it would be a compromise for the no smoking . APPROVAL OF COUNCIL DIRECTIVE #2 , AUTHORIZING CITY MANAGER TO CONTRACT FOR SERVICES OF PROFESSIONAL CLAIMS ADJUSTOR ON AN "AS NEEDED" BASIS : City Manager Gus Pappas said this is a Council decision, I just asked that it not be cumbersome. The fact that I have to call or write letters to you in order to give you the facts of these claims could bring up problems of holding meetings . Council now is involved in all claims from 0 - $500 . With this directive, I would decide between 0-$500 and then if the party did not agree with me, they could come before the Council . Between $500 and $2500 . the Council would decide and hear the case. Over 125 $2500. the Insurance Company has the right to decide. This is one of the things talked about at the work session and I was asked to draw up the directive for approval . Councilwoman Donovan said $500 .00 should be lower or Council should get a letter about the issue. Motion was made by Councilwoman Donovan to approve the Council Directive #2 with the services lower to $300 . without Council approval . Seconded by Councilman Crane. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . APPROVAL OF REPLAT OF WYNDHAM ESTATES PHASE III : The engineering staff stated that the developer is asking to replat five lots into three lots in this industrial zoned phase of the development. Motion was made by Mayor Pro Tem Fulgham to approve the replat of Wyndham Estates Phase III . Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Crane - in favor, and Councilwoman Donovan -in favor . This motion carried with all in favor. ACCEPTANCE OF PUBLIC IMPROVEMENTS IN REGENCY BUSINESS PARK PHASE 2 : The engineering staff recommends acceptance and approval of the public improvements. All streets, utility lines are acceptable and all testing is in accordance with City of Wylie specifications. Motion was made by Mayor Pro Tem Fulgham to approve and accept the public improvements in REgency Business Park Phase 2 . Seconded by Councilman Westerhof. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AUTHORIZATION TO EXPEND $2037.50 FOR TWO STREET LIGHTS IN KINSINGTON ESTATES: This item has been requested by Councilwoman Donovan to up grade the lighting of streets in Kinsington Estates. The cost of this will be approximately $2 ,037.50 for two street lights. Motion was made by Mayor Pro Tem Fulgham to grant authorization to expend $2,037 .50 for two street lights for Kinsington Estates and to expend the funds from the reallocation of funds in the General Fund. Seconded by Councilwoman Donovan. Councilman Crane said in previous work session, the Council talked about current level of service or raising taxes to provide these extra services. This is one of those items. The Council needs to realize there is a need for improvements all over the City, we need to decide on where and how we are getting the monies for these things. The point I am trying to make is, the council has to justify the money for these or more of these will keep coming up if we do not stay with the 126 budget . Councilman Crane said these street lights are just one of many items, drainage is in need of repair all over the city. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. COUNCIL DISCUSSION: No discussion from Council , City Manager Gus Pappas made the following statements. On the up coming work session, there needs to be a discussion for assistance to the Branch Volunteer Fire Department. The Branch Vol . Fire Dept. is asking for us to help in dispatching and in getting their department started as it is in our EJT. Mayor Trimble recessed the regular meeting and convened the Council in a work session with regards to a proposed private utility district by Moussa Property Development on FM1378. This area contains approximately 600 acres and is adjacent to Wylie and St. Paul . The purpose of this utility district is to supply water and sewer to this area . Mr . Moussa is wanting to create a utility district for the portion of land that is in the Wylie EJT and a utility district for that portion of land that is in St. Paul. Mr . Moussa said he has only one way to get sewer in the St. Paul area and that is -•.. through a special utility district. The City of St. Paul has made it clear to Mr . Moussa that they will not release this land from their boundaries. St. Paul at this time can not provide water or sewer to Mr. Moussa' s land. Mr. Moussa said there is no economical way to provide water and sewer without a special utility district to help fund the project . The only other solution to Mr. Moussa' s problem of water and sewer is to connect into the existing water and sewer from Wylie. This involves improvements to the system for it to work properly. City Manager Gus Pappas wanted to know if Mr . Moussa had the right to demand services from St. Paul since he has land in their boundaries. Mr. Ed Wendler said the laws that govern de-annexation because of no services is very hard to get done and takes a lot of time. Councilman Westerhof wanted to know if there was a possibility of Moussa and Wylie going into a working relationship what happens if Mr . Moussa can not keep up his end of the agreement. Who would be responsible for the debt . The Special Utility District would have to levy a tax to take care of the debt. Mr. Moussa is the only property owner to levy a tax on right now, isn' t that right . Councilman Westerhof said if the City of Wylie begins construction of laying this line and is almost complete and 127 at that time Mr . Moussa could not support this or develop wouldn' t Wylie be responsible for most of this project . Mr . Wendler said the district would be responsible for levying a tax to support the debt . Do not contract with Mr . Moussa until he has the money. Mr. I . W. Santry, City Engineer, said one concern is the fact of building another treatment plant . How will the district be able to pay for this. Mayor Pro Tem Fulgham said impact fees , lift station district fees need to be addressed and how the area would be controlled prior to the City of Wylie agreeing to any contract or special district. Councilman Crane said what he sees is another area like a city where Wylie gives fire protection, police protection and gets no taxes for it. If we provide the service, why can' t it be in our City. Mr . Wendler said he would be filing papers with the City of Wylie to request the Citys permission to establish a Special Utility District. I wanted to come before you tonight so it would not be a total surprise when you did get the request. Councilman Crane said it would be better for the City of Wylie to give water and sewer service to this area. Mr. John Bailey a board member of Wylie North East Water Supply made reference to the fact that they were going to put in over head storage tank for water in this area. Also was hoping to make an agreement with Wylie to help in the maintenance and servicing of this storage tank. That Wylie North East Water Supply would be paid for this. Mr. Bailey also said first look at the best way to serve the people and then work out the legal matters . There being no other discussion, Mayor Trimble recessed the work session and called the meeting back into regular session. ACTION TO ESTABLISH OFFICIAL POSITION OF CITY OF WYLIE REGARDING PRIVATE UTILITY DISTRICT OWNED BY MOUSSA PROPERTIES: Mayor Pro Tem Fulgham said there is a lot of problems in setting this up and feels there is some possibility of benefit to the City. Mayor Pro Tem Fulgham would like for Council to study this and work on it prior to making any decision. Mayor Pro Tem Fulgham also recommended that this project be sent to all our advisors for their opinion. City Manager Gus Pappas said that the Council can create a document that will protect the City of Wylie. What the 128 Council needs to consider is whether or not you want to be a party of creating another government body imposing tax on people who do not live there now. Mayor Trimble said this should be discussed with the Council and staff in a work session. There being no other business or matters of discussion, a motion was made to adjourn with all in favor. ommortmo • ntChuck Trimble, Mayor ATTEST : arol ne , i y Secretary