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
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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 -
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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
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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
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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
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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
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$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
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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
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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
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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