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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 143 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 144 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. 145 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 146 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. 147 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