02-24-1987 (City Council) Minutes 141
CITY COUNCIL MEETING
MINUTES
FEBRUARY 24 , 1987
7:00 P. M.
The Wylie City Council met in regular session on Tuesday,
February 24 , 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 William Martin, Kent Crane, Calvin
Westerhof , and Sandra Donovan, City Manager Gus Pappas, City
Secretary Carolyn Jones, Code Enforcement Officer Roy
Faires, Finance Director James Johnson, Public Works
Director Bill Windham, Engineer I . W. Santry and David
Medanich from First Southwest.
Mayor Trimble called the meeting to order and Councilman
Westerhof gave the invocation.
APPROVAL OF MINUTES: Minutes were submitted for the
meetings of January 27th, February 5th and February 10 ,
1987 . There being no corrections or additions, a motion was
made by Councilman Martin to approve as submitted. Seconded
by Councilman Westerhof. The vote was as follows: Mayor
Trimble - in favor, Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor , Councilman Martin - in
favor, Councilman Crane - in favor, and Councilwoman Donovan
- in favor . This motion carried with all in favor .
SETTING OF RECALL ELECTION FOR THE RECALL OF COUNCIL PERSON
SANDRA DONOVAN: This item was placed on the agenda by the
petitioners committee chairman for the setting of April 4 ,
1987 as the recall election date. The petitioners committee
chairman sent in a letter requesting that this item be
pulled from the agenda. Councilman Crane asked the Mayor if
he could speak. Mayor Trimble said no. Councilman Crane
said Mayor, I checked with our City Attorney and he said
even though this item had been pulled , I as a Councilman,
could ask this item be voted on. I could not continue on
this Council without making it clear that I am appauld that
members of this council continue to violate our City Charter
and to deny the public their right to vote on this issue.
Councilman Crane made a motion to call for the recall
election to be held on April 4 , 1987. Mayor Trimble said he
did not intertain a motion and this item has been with drawn
and we will go on to item number 3 . Mayor Pro Tem Fulgham
seconded the motion made by Councilman Crane. Councilman
Crane addressed the Mayor and wanted to know if the Council
was to understand that the Mayor was denying the voters
their right to vote by denying the Council the right to set
1. 42
the election. Mayor Trimble said he was going along with
the person who requested this item be pulled from the —•
agenda.
CALL FOR SPECIAL MEETING ON MARCH 17 ,1987 : This special
meeting on March 17 , 1987 will be for a work session, public
hearing and lease settlement on the sanitary landfill with
B.F. I . Motion was made by Councilwoman Donovan to call for
the special meeting on March 17 , 1987 at 7 :00 P.M. .
Seconded by Councilman Westerhof . The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Councilman Martin - in
favor , Councilman Crane - in favor, and Councilwoman Donovan
- in favor. This motion carried with all in favor.
PUBLIC HEARING ON REQUEST FOR REZONING OF SF-A PORTIONS OF
WESTGATE 1 TO SF3 : This property is located on FM 3412 and
is across from the Birmingham Elementary School. The
portion being requested for re-zoning is adjacent to FM
3412 . The developer has requested the SF-A (townhomes) be
rezoned to SF-3 (single family 3) , and this will reduce the
density in this area. Area builders are finding townhomes
and duplex lots difficult to market. The Planning and
Zoning Commission recommends the rezoning of this area.
Mayor Trimble asked if there was any questions. No
questions, Mayor Trimble said we would move to the next
item.
APPROVAL OF ORDINANCE TO CHANGE SF-A PORTION OF WESTGATE 1
TO SF-3 : There being no questions from Council , Mayor Pro
Tem Fulgham made the motion to rezone this portion of
Westgate 1 from SF-A to SF-3 (single family 3) . Seconded by
Councilman Martin. The vote was as follows : Mayor Trimble
- in favor, Mayor Pro Tem Fulgham - in favor , Councilman
Westerhof - in favor, Councilman Martin - in favor,
Councilman Crane - in favor. and Councilwoman Donovan - in
favor. This motion carried with all in favor.
APPROVAL OF ORDINANCE TO CONTROL CONSTRUCTION IN AREAS IN
WYLIE AND THE ETJ SUBJECT TO FLOODING: Mr. Roy Faires said
this was an ordinance that is necessary for the City to
retain its positon with the National Flood Insurance Program
administered by FEMA. The City does have an existing flood
ordinance, this is just and update to that ordinance.
Councilwoman Donovan asked Mr . Faires who made up the
appeals board that is mentioned in the ordinance. Mr.
Faires said it was up to the Council, but most times it is
given to the Zoning Appeals Board. Councilman Martin wanted
to know if developers had to post flood warning signs in
their area. Mr . Faires said no, but there is a form the
developer have to file with the code office and prior to
buidling , this flood problem has to be addressed and
corrected. City Manager Gus Pappas stated that there has
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been problems in the past in flood plain areas and this
ordinance would keep construction out of the area until
conditions for improvements had been made and approved by
FEMA. Motion was made by Councilwoman Donovan to approve
the ordinance to control construction in areas in Wylie and
the ETJ subject to flooding. Seconded by Councilman Martin.
The vote was as follows : Mayor Trimble - in favor, Mayor
Pro Tem Fulgham - in favor , Councilman Westerhof - in favor,
Councilman Martin - in favor, Councilman Crane - in favor.
and Councilwoman Donovan - in favor. This motion carried
with all in favor.
PRESENTATION CONCERNING CONDITIONS OF ALLEY BETWEEN
BRIARWOOD AND DOGWOOD AND VEHICLE DAMAGE: Mr . B. H. Hartman
stated back in December, 1986 , he was going down the alley
between Dogwood and Biriarwood. There is a lot of drainage
problems and the concrete is torn up. I run off into a big
hole. I talked with Mr. Pappas about the damage to my car
and also talked with Mr. Johnson. The repair estimate for
the damages was $789 .87 and the adjustor said after looking
at the area the City was not liable for this claim. Prior
to the adjustor coming out the City filled the hole with
asphalt . What upset me more than anything was after the
claim was filed the adjustor said it was not the City' s
liablity. The alley is a mess, hugh pieces of concrete are
pushed out and into people' s yards . Mayor Trimble said the
City did offer to pay the $250.00 deductible from your
insurance. Mr. Hartman said yes, but the damage is not
$2500 . and the City' s insurance will not pay if it is not
over the $2500 . Mr. Johnson said this was correct that the
City insurance will not pay on a claim unless it is over
$2500 . Councilwoman Donovan wanted to know how fast Mr.
Hartman was going . Mr . Hartman replied about 5 m.p.h.
CITIZEN PARTICIPATION: Mr. John Pierrel of 604 Stoneybrook
said he was puzzled by what rules of order that these
Council meetings are held. It was my understanding it was
the Robert Rules. Mayor Trimble said no. Mr . Pierrel said
this Council has a motion and second that was not dealt
with. The running of a meeting by the whim of one person or
another is not right. As a citizen my feelings are to have
these meetings conducted in a proper manner. There are
items that will come before Council that will not be what
you want to deal with, but you have to. Thank you for your
time.
APPROVAL OF AMENDMENT TO WYNDHAM ESTATES PLANNED
DEVELOPMENT: The developer indicated on the plat the
building line of these zero lot line houses. The builder
who wants to buy these lots has asked that the building line
be placed on the opposite lot line so that the window side
of the structure will not be facing an alley on lots 5B,
12A, 2A, and 16B. The restrictions placed on the zero lot
line houses required that no windows be included on the zero
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line. The Planning and Zoning Commission recommends
approval with the following stipulations, lots 5B and 12A
offset two feet from the property line on the alley side and
granted a minimum of eight foot building line on the non
zero lot line side, and that fencing requirement be wavied
on the north side of the building where it abuts the alley.
Motion was made by Mayor Pro Tem Fulgham to approve the
amendment to Wyndham Estates Planned Development with lots
5B and 12A being offset two feet from the property line on
the alley side and granted a minimum of egiht foot building
line on the non zero lot line side and that fencing
requirements be waived on the north side of the building
where it abuts the alley. Seconded by Councilman Martin.
The vote was as follows: Mayor Trimble - in favor, Mayor
Pro Tem Fulgham - in favor, Councilman Westerhof - in favor,
Councilman Martin - in favor, Councilman Crane - in favor,
and Councilwoman Donovan -in favor. This motion carried
with all in favor.
APPROVAL OF CONSTRUCTION PLANS FOR NEWPORT HARBOR: This
property is located on FM 1378 and was previously known as
Crescent Cove. The engineering department has reviewed
these plans and recommended Council ' s approval . The
Planning and Zoning reviewed these plans and recommend
Council ' s approval with a change from the original plans to
reduce the 37 ft. street to a 27 ft. street but retaining a ....
65 ft. right-of-way on an east-west road through the
subdivison. The original 37 ft . street was required in
order to connect one of Mr . Moussa' s proposed thoroughfares.
Since these thoroughfares may never exist , there is little
reason to demand that our developer put in a collector that
goes to it. There is another collector plan just a few
hundred feet south. Mr. I . W. Santry of the engineering
department said the plat needs to reflect the correct street
width of 37 ft. and the entrance on Anchor Drive and the
water line from the storgae tank site. If Council wants to
approve these with stipulations of these few corrections,
than when the corrections are done, I will bring the plats
to City Hall for signatures. Councilman Martin said he did
not understand the problem with the water storage tank. Mr.
Santry said it was not the tank, but the water line coming
from the tank site needed to be shown on the plat.
Councilwoman Donovan asked Mr. Santry if he had a good
feeling about Council approving this with the stipulations.
Mr. Santry said it would not be a problem. Motion was made
by Mayor Pro Tem Fulgham to approve the construction plans
for Newport Harbor with the stipulations made above by Mr.
Santry. Seconded by Councilman Westerhof . The vote was as
follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham -
in favor, Councilman Westerhof - in favor , Councilman Martin
- in favor, Councilman Crane - in favor, and Councilwoman
Donovan - in favor . This motion carried with all in favor.
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APPROVAL OF PRELIMINARY PLAT FOR WOODLAKE VILLAGE: This
property is located on E SH78 and is adjacent to the new
Municipal Building. There are some drainage problems that
still need to be worked out on this plat, but the engineers
are working on it. At this point, the plans take the
drainage down to tract C and it is left there, this will
need to be shown as temporary and show on the plat what will
be done at the time this tract is developed. If this plat
is approved, then it should be stated that this is a
temporary drainage and will be corrected prior to subdivison
or construction. Planning and Zoning recommends approval
with the notation of the drainage as being noted as
temporary. Mr . Santry said the drainage will appear on the
construction plans and the final plat. Motion was made by
Mayor Pro Tem Fulgham to approve the preliminary plat for
Woodlake Village with the notation that the drainage is
temporary and will be constructed in accordance to the
City' s Ordinance prior to subdivison or construction of this
tract . Seconded by Councilman Westerhof. The vote was as
follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham -
in favor, Councilman Westerhof - in favor , Councilman Martin
- in favor, Councilman Crane - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
APPROVAL OF REPLAT OF AKIN LANE: Replat of Akin Lane has
been discussed for several years, and the main problem has
been there is no right-of-way. It is very hard to make
improvements when the City does not have the rigt$of-way.
Th City can continue to repair the pot holes, but this will
get us no where. At the Planning and Zoning meeting and the
public hearing on this replat, several ways was discussed in
trying to solve the problems with this street. The right-
of-way problem has been solved and the owners are willing to
grant the right-of-way needed . Staff is ready to move ahead
on getting the right-of-way through easements if the Council
so desires. At the public hearing, the property owners in
the immediate area did not want any other street put through
and stated that they would give the easement needed for the
improvements to Akin Lane. If Council so desires, staff
will go ahead and pursue the easements for Akin Lane and
bring them back to Council for final approval . Councilman
Martin wanted to know if this would correct all the problems
on Akin Lane. City Manager Gus Pappas said no, but it would
help with the problem. After the improvements to Akin Lane,
Council will still have the ability to bring Fifth St .
through to Butler St. and would give a better drainage for
the area by putting this street through. This is just
something for Council to think about.
AUTHORIZATION FOR CITY MANAGER TO EXECUTE TEMPORARY LEASE
AGREEMENT BETWEEN CITY OF WYLIE AND DAVID WILLIAMS FOR
UNDEVELOPED PORTION OF QUTAL HOLLOW: This property is
located on the South side of Stone Road and will be used for
temporary athletic fields. The staff contacted Mr . Williams
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and explained that there would be no permanent structures
and could vacate in a short time when the land was scheduled �^
for development or another use. Mr. Williams only
stipulation was that the property be cleaned up and that we
accept all liability. With Council approval , this will give
the additional playing fields for the soccer and football
leagues in town. The costs would be for bleachers and goals
only that could be moved from temporary leased location to
temporary leased location until the City established
permanent sites of its own. Motion was made by Mayor Pro
Tem Fulgham to grant authorization to the City Manager to
execute temporary lease agreement between the City of Wylie
and Dave Williams for undeveloped portion of Quail Hollow
for temporary athletic fields. Seconded by Councilman
Martin. The vote was as follows : Mayor Trimble - in favor,
Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in
favor, Councilman Martin - in favor, Councilman Crane - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor .
AWARD OF BID FOR 3/4 TON PICKUP TRUCK FOR PARKS DEPARTMENT:
The staff mailed out eleven (11) bid packets on Janaury 22,
1987 and staff received three bids as follows :
Bob Tomes Ford - McKinney $12 ,000 . Spec. Bid
Ray Chevrolet - Plano $12,481 .89 Spec Bid
$12,794.32 Spec Bid
plus spare tire
Lakeside Chevrolet - Rockwall $12,067 .90 Spec Bid
Staff recommends the bid award go to Bob Tomes Ford in
McKinney who is the low bidder .
Motion was made by Mayor Pro Tem Fulgham to award the bid to
Bob Tomes Ford in McKinney in the amount of $12 ,000.00 .
Seconded by Councilwoman Donovan. The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Counilman Martin - in
favor, Councilman Crane - in favor, and Councilwoman Donovan
- in favor. This motion carried with all in favor.
AWARD OF BID FOR PUBLIC WORKS INVENTORY SUPPLY: Staff
mailed out twelve (12) bid packets and received six bids.
There is a list of supplies that are needed for inventory in
order to be able to make timely repairs without waiting for
someone to go for a part that is needed. The bidders list ....
is available for public view in the City Secretary' s office.
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Staff recommends the low bid or best bid on items to the
following vendors (bidders) in total form:
Bowles & Edens $12 ,316 .44
North Texas Supplies $ 1 ,249 .48
Day Star Sales $ 3 ,936 .68
Trans-Tex $ 4 ,546 .08
Texas Meter & Sewer $ 1 ,725.98
Grand Total $23 ,774 .66
Councilman Martin wanted to know based on todays activity ,
how long will this list of supplies last . Mr. Johnson said
his plans are to make these supplies last until September.
Councilman Martin then asked, based on this type of dollar
inventory, where will it be housed. Mr. Johnson said in the
warehouse at Public Works and it is locked up. Motion was
made by Mayor Pro Tem Fulgham to approve the bid award for
public works supply list to the above named vendors.
Seconded by Councilman Martin. The vote was as follows :
Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Councilman Martin - in
favor, Counilman Crane - in favor, and Councilwoman Donovan
- in favor. This motion carried with all in favor.
AUTHORIZATION TO SEEK BIDS FOR LANDFILL DIRT WORK: The
staff request authorization to seek bids for the landfill
dirt work. This will close the landill as well as prepare
it for its future use. This action will help to satisfy the
complaints that have been lodged by the Health Department.
Motion was made by Mayor Pro Tem Fulgham to grant
authorization to seek bids for landfill dirt work. Seconded
by Councilman Westerhof. The vote was as follows : Mayor
Trimble - in favor, Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Counilman Martin - in
favor, Councilman Crane - in favor, and Councilwoman Donovan
- in favor. This motion carried with all in favor.
COUNCIL DISCUSSION: City Manager Gus Pappas said there was
a piece of good news for council to discuss at the next
meeting, in regards to the dog leg at Stone and Birmingham.
There appears to be something that can be done in this area
by working with the County and reallocating some funds.
Staff will have a proposal for this area soon.
Councilman Crane said in case there is a questions about my
being mad , I am mad, I am disgusted that Sandra Donovan
called my wife while I was out of town and threatened her
and called a lot of people to threaten them. People on the
citizens committee can testify that it was my opinion to
148
back off the recall and let things work out. After Council -•
was told that you could not force the clerks on the judge,
Mrs. Donovan did try and force this issue on our judge.
Even after the attorney said not to do this. I am mad that
people on this council support this kind of activity. I am
disgusted that people in the public support this kind of
activity. Where have we come, when our citizens are
depressed by the people they elected to the council. I
think we are in sad shape. I am upset about this. This is
what the people are up set with. We have responsible people
in our community that support this. I am disgusted with our
community. I can not believe we have come to the place that
this is okay. The frustrating thing is what to you do about
it. I don ' t know what to do. If there is something to do,
I would do it. The public may just have to bear this until
they are ready to do something about it . That' s all I have
to say.
Mayor Pro Tem Fulgham said he will have to prepare his
before he makes a statement, he had better not get started
tonight.
Councilwoman Donovan said she had one comment for the
record. You need to check the source, Councilman Crane,
before you make accusation. Some of your information is
false, I would say 99% of it is false. As far as taking
action that is not dictated to a City Council Person, I have
not taken any such action or I would have charges against
me. That is all I have to say.
AUTHORIZATION TO USE BUDGET ALLOCATION FOR TWO (2) NEW
PICKUP TRUCKS TO BUY USED PICKUP TRUCKS: Staff is a little
unsure about what to do, there is money in the budget to
purchase three pickups, one of which the bid was just
awarded to earlier tonight , the other two have not been bid
out yet. If staff purchases the two new trucks, it will
leave us short about three or four vehicles. The staff is
requesting that these monies allocated for two new trucks be
used to purchase several trucks for aproximatley $4,000 . to
$5,000 per truck and this will help in solving our problem.
Councilman Martin wanted to know wher .eer _ s are coming
from. City Manager Gus Pappas said , '012 ;a1.64vtUrs, staff
is looking at year models of 82-84 icon wa na� e by
Mayor Pro Tem Fulgham to grant aut r }za ' fa paff to
reallocate money for used trucks i s 'ead F o e > trucks.
Seconded by Councilman Westerhof . ,Tt s s kf ollows :
Mayor Trimble - in favor , Mayor Pro- T m � Ffam ,�h favor,
rp'x�
Councilman Westerhof - in favor, Cozy+ an Ma n in
favor, Councilman Crane - in favor , :-.,4* .~sz fnan Donovan
- in favor. This motion carried with -'., ;' ; :vor.
APPROVAL OF ORDINANCE CREATING CITY OF WYLIE PROPERTY
FINANCE AUTHORITY, INC. Mr. Bob Dransfield of Hutchison
Price Boyle and Brooks stated that this ordinance is the
149
authority to have a corporation and does not give powder to
incur debt or issue bonds without council approval . Council
must appoint members to represent the corporation. This
board will always have to bring all issues back to Council
for approval . This corporation is set up to help council
get better interest rates when purchasing equipment and
capital items. Councilman Crane wanted to know if it was
common to name outside members rather than council members.
Mr. Dransfield said it was common to have city staff but you
could have anyone. Councilwoman Donovan said regardless of
who is on the board, all issues come back to council for
approval . Mr. Dransfield said yes. Councilman Crane said
who is usually the Agent of Record. Mr. Dransfield said
City Attorney, City Manager, are a lawyer, after a board is
organized, it will elect its own President, Vice President
and Secretary/Treausre. City Manager Gus Pappas said the
corporation is usually the Council, Directors usually staff
members, and the Agent of Record is usually the City
Secretary. City Manager Gus Pappas said this works well
because staff already knows that Council has to approve all
issues . Councilman Crane wanted to know which staff
members. City Manager Gus Pappas said the City Manager,
Public Works Director and Finance Director .
Motion was made by Councilman Crane to approve the ordinance
creating City of Wylie Property Finance Authority, Inc. and
having Council as the Corporation Board, City Manager,
Public Works Director and Finance Director as Board of
Directors and City Secretary as the Agent of Record.
Seconded by Councilman Westerhof. The vote was as follows:
Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Councilman Martin - in
favor, Councilman Crane - in faovr , and Councilwoman Donovan
- in favor. This motion carried with all in favor.
There being no other business, a motion was made to adjourn
with all in favor .
Chuck Trimble, Mayor
/ SEAL
ATTEST :
tE10y
..
Carol ones , C 'ecretary