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05-12-1987 (City Council) Minutes 205 REGULAR CITY COUNCIL MEETING-MINUTES MAY 12 , 1987 7 : 00 P. M. The Wylie City Council met in regular session on Tuesday, May 12, 1987 at 7 : 00 P .M. in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro-Tem Sandra Donovan , Council Members Calvin Westerhof , John Akin, Marvin Blakey, Kent Crane, Christopher DiTota , Acting City Manager James Johnson, Acting City Secretary Debbie Peoples . Mayor Trimble called the meeting to order at 7 : 05 and Councilman Crane gave the invocation. APPROVAL OF MINUTES: Minutes were submitted for the April 21 st , April 28th and April 30th 1987 meetings . There being no corrections or additions to the minutes a motion was made by Councilman Westerhof to approve. Seconded by Councilman Akin. The vote was as follows : Mayor Trimble-in favor , Mayor Pro-Tem Donovan-in favor , Councilman Akin-in favor , Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor , Councilman Blakey-in favor . The motion carried with all in favor . APPOINTMENT OF TWO MEMBERS TO THE CONSTRUCTION TRADE BOARD These appointments will replace Marvin Blakey and Mickey Foster . Motion was made by Mayor Pro-Tem Donovan to appoint Mr . Gary Mitchell and Mr . Derek Ammerman to the Construction Trade Board . Seconded by Councilman Akin. The vote was as follows : Mayor Trimble-in favor , Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor , Councilman DiTota-in favor , Councilman Crane abstained, due to business dealings with Gary Mitchell . Councilman Blakey-infavor . The motion carried with six (6) in favor , one (1) abstained . APPOINTMENT OF ONE MEMBER AND ONE ALTERNATE TO THE ZONING BOARD OF ADJUSTMENTS. These appointments will replace Marvin Blakey and Wanda Graff . The motion was made by Mayor Pro-Tem Donovan to appoint Ms Cecelia Woods and Dr . Rob Tannella to the Zoning Board of Adjustments . The motion was seconded by Councilman Akin. The vote was as follows : Mayor Trimble-in favor , Mayor Pro-Tem Donovan-in favor , Councilman Akin-in favor , Councilman Westerhof-in favor, Councilman DiTota- in favor ,Councilman Crane-against , Councilman Blakey-in favor . The motion carried with six (6) in favor one (1) against . 206 APPOINTMENT OF TWO MEMBERS TO AD HOC COMMITTEE: These appointments will address the matter regarding the City of Wylie and the City of Lucas ETJ settlement . The motion was made by Councilman Akin that Mayor Trimble and Mayor Pro-Tem Donovan be appointed to that committee. The motion was seconded by Councilman DiTota . The vote was as follows : Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor ,Councilman Westerhof-in favor , Councilman DiTota-in favor ,Councilman Crane-in favor, Councilman Blakey-in favor . The motion carried with all in favor . RECOGNITION OF CITY EMPLOYEE, MR. ANDY ANDERSON: The City recognized Mr. Andersons dedication and determination to perform his duties to the City of Wylie above and beyond the call of normal duty. Certificate of Recognition to be awarded at a later date. APPROVAL OF ANNEXATION ORDINANCE FOR 58 .9613 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY: Motion was made by Mayor Pro-Tem Donovan to approve the annexation of the 58 .9613 acres . Seconded by Councilman Ditota. Mr . Favor was present and stated that no one had came forth to oppose this annexation although there are 24 property owners living there. The vote was as follows : Mayor Trimble-in favor , Mayor Pro-Tem Donovan-in favor , Councilman Akin-in favor, Councilman Wasterhof-in favor , Councilman DiTota-in favor , Councilman Crane-in favor, Councilman Blakey-in favor . The motion carried with all in favor . APPROVAL OF ANNEXATION OF 74 .943 ACRES OUT OF THE W. PENNY SURVEY: Councilman Westerhof stated that he felt strong opposition to annex this parcel , and a motion was made by Councilman Westerhof not to approve the annexation ordinance. Councilman Blakey seconded the motion . Mayor Trimble stated the City had had several bad experiences in not annexing contiguous property and felt that it would be irresponsible for the City not to annex soley based upon the fact that property owners did not wish to be annexed . The vote to not approve the annexation was as follows: Mayor Trimble-against , Mayor Pro-Tem Dovovan-against , Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-against, Councilman Crane-against , Councilman Blakey- in favor . Three in favor of the motion to not annex the property and four against the motion not to annex the property. The motion did not carry by a three to four vote. Mayor Pro-Tem -Donovan made a motion to annex the property after the first motion failed. Councilman DiTota seconded the motion. The motion to approve the annexation was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor , Councilman Akin-against , Councilman Westerhof- against , Councilman DiTota-in favor, Councilman Crane-in favor , Councilman Blakey-against . Motion to approve 207 annexation carried with four in favor and three against . APPROVAL OF ANNEXATION OF 4 ACRES OUT OF THE I . & G. N. RY. CO . SURVEY: Motion was made by Councilman DiTota to approve annexation of said 4 acres . Seconded by Councilman Crane . It is also noted that the property owners present do not wish to be annexed . The vote is as follows : Mayor Trimble-in favor , Mayor Pro-Tem Donovan-in favor, Councilman Akin- against ,Councilman Westerhof-against , Councilman DiTota-in favor, Councilman Crane-in favor , Councilman Blakey-against . Four are in favor , three against , the motion carried . DIS-APPROVAL OF RESOLUTION OF THE CITY OF WYLIE TO REAFFIRM ITS POSITION AS A LEGISLATIVE BODY: Attorney Dillard was present and answered questions as to the necessity of reaffirming this resolution to show the City' s position on the specific issue in question. He felt that it would only be a reiteration of the City' s position but stated that it would be fine if the City Council chose to do so. The motion was made by Mayor Pro-Tem Donovan not to approve the resolution . Seconded by Councilman DiTota. The vote was as follows : Mayor Trimble-in favor , Mayor Pro-Tem Donovan-in favor, Councilman Akin-against, Councilman Westerhof- against , Councilman DiTota-in favor , Councilman Crane- against, Councilman Blakey-in favor . The motion carried to dis-approve the resolution with four in favor and three against . NEW BUSINESS FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR STONE GROVE ADDITION: Staff stated that all deficencies regarding this acceptance had been resolved and felt it to be satisfactory for acceptance. Councilman Crane asked if the City had resolved the previous discrepancies with the developer . Staff stated the only problem remaining is the sewer clean out and that would be resolved when T.P.& L. completed moving the utility pole and at that time they would simply put a cap on it . Mayor Trimble stated that previous discrepancies were caused by no one knowing who was responsible for them. Motion was made by Councilman Westerhof to approve final acceptance. Seconded by Councilman Akin. The vote was as follows : Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor , Councilman DiTota-in favor, Councilman Crane-in favor , Councilman Blakey-in favor . The motion carried with all in favor . FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR PRESIDENTIAL ESTATES: Staff found subdivision to be in compliance with the ordinance and the only item lacked is the maintenance bond . Staff recommended that signature be held up until the one year maintenance bond is submitted . Staff also stated that all fees for the perimeter of streets had been paid . 208 This one has the holding sewer holding tank and CH2M Hill was instructed by the Council on April 30 , 1987 to come up with an initial plan proposal for rectifying sewer problems, as well as a new delivery point and meter vault and water ground storage from NTMWD. Staff explained that this report by CH2M Hill would be forthcoming shortly. Motion was made by Mayor Pro-Tem Donovan that Council consider final acceptance with the condition that signature be held up until bond is submitted . Seconded by Councilman Crane . The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor , Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor , Councilman Blakey-in favor . The motion carried with all in favor . APPROVAL OF UPDATED SUMMER PROGRAM THROUGH CHAMBER OF COMMERCE: James Butts from the Chamber of Commerce presented financial needs to the Council for a six week summer program. While the school is unable to afford any financial support for this program, Mayor Pro-Tem Donovan stated that in talking with Mr . Whitt he was supportive of the program itself and would supply facilities and transportation. Mr . Butts also stated that possible funding for this program could come from the D.B. Owen Foundation. They will be meeting in a couple of weeks and the decision for funding would be immediate after that meeting . Councilman Crane and Westerhof stated concerns that with the bleak financial situation given by the Finance Director at this time it would not be feasible to support this issue. Motion was made by Mayor Pro-Tem Donovan to table this approval for two weeks at which time more financial assistance information would be avaliable. Seconded by Councilman Akin. The vote was as follows : Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor , Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor , Councilman Blakey-in favor . The motion carried with all in favor . CONSIDER UPDATED PRESENTATION BY FIRE MARSHALL AND ASST. FIRE CHIEF LESTER GAYLER ON LOAN OF FIRE PROTECTION EQUIPMENT BETWEEN THE TOWN OF ST. PAUL AND THE CITY OF WYLIE: Equipment was inspected by Fire Marshall Gayler and is said to be in satisfactory condition with another truck also included as "spare parts" in agreement . It is felt that this equipment could provide much needed fire protection to rural areas. Possible onsite housing at Southfork Mobile Home Park was suggested . Council felt that no decision need be made at this time on where equipment was to be housed . APPROVAL OF AGREEMENT FOR LOAN OF FIRE PROTECTION EQUIPMENT BETWEEN THE TOWN OF ST. PAUL AND THE CITY OF WYLIE: Motion was made by Councilman Akin to approve loan agreement . Seconded by Mayor-Pro Tem Donovan. The vote was as follows : Mayor Trimble-in favor , Mayor Pro-Tem Donovan-in favor , 209 Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor , Councilman Crane-in favor , Councilman Blakey-in favor . Motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Trimble ask that each person wishing to speak keep his/her time to within two minutes . There was no citizen participation. COUNCIL DISCUSSION: Mayor Trimble reminded Council members of a letter from the Texas Water Commission " Notice of Report" on violation of exceeding acceptable standards at the WWTP. A fine of $7 ,500 .00 or a plead of mercy must be submitted within 20 days of notice. A new Postal Facility is to be built in Wylie with no exact location given at this time, and a parade is scheduled for May 16th for the Summer Baseball Association. Mayor Trimble also said recognition for out-going Councilpersons would be discussed as suggested by Councilman Akin . City Manager James Johnson reminded Council that the report from CH2M Hill regarding subdivision service problems at WWTP, the sewage collection system and water distribution system needed to be addressed at Council Worksession on the 21st of May. Also to be discussed at that worksession is the qualifications for City Manager . Mayor Pro-Tem Donovan reminded Council of the Collin County Public Officials Meeting on the 28th of May, and of the need for the letter on the traffic survey at Brown St . and Hwy 78 . APPROVAL OF CONSTRUCTION DRAW #6 SPEED FAB CRETE ON NEW MUNICIPAL COMPLEX IN THE AMOUNT OF $113 ,981 .23 : Mr . Roy Faires stated that Staff had reviewed and found it to be within the percentage of completion and recommended payment . Motion was made by Councilman Westrhof to approve payment . Seconded by Mayor Pro-Tem Donovan. The vote was follows : Mayor Trimble-in favor , Mayor Pro-Tem Donovan-in favor , Councilman Akin-in favor, Councilman Westerhor-in favor, Councilman DiTota-in favor , Councilman Crane-in favor , Councilman Blakey-in favor . The motion carried with all in favor . APPROVAL OF CHANGE ORDER # 2 FOR SPEED FAB CRETE FOR NEW MUNICIPAL COMPLEX IN THE AMOUNT OF $14 ,948 .00 : Staff would ask Council to approve based on information provided by Mr . Roy Faires on items listed as follows: #1 Install underground conduit from building to Northeast corner of property at cost of $2 ,037 .00 ; #2 Installing underground primary conduit to Northeast corner of property from transformer and install secondary to building at a cost of$10 ,156 .00 ; #3 install small envelope depository, model #68-1d (Hamilton safe) at a cost of $1 ,775 .00 ; #4 install 210 underground conduit for drainage under drive for future buildings at a cost of $705 .00 ; #5 Delete parking bumpers , 95 each , generating a credit of $760 .00 . These changes along with insurance ($710 .00) total $14,948 .00 . Council agreed on all changes except #4 and #5 . Motion was made by Mayor Pro- Tem Donovan to accept Change Order #2 with the exception of item #5 . Seconded by Councilman Akin . The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor , Councilman Akin-in favor , Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor , Councilman Blakey-in favor . The motion carried with all in favor . APPROVAL OF REIMBURSEMENT OF OVERSIZING OF WATER/SEWER LINES IN STONE GROVE ADDITION TO HAROLD SPENCE IN THE AMOUNT OF $9 ,553 .96 : Staff stated the original agreement for oversizing was approved by Council in the construction plans . Staff stated that the sub-division public improvements had previously been accepted at this meeting as an earlier agenda item. Subsequently, they recommended reimbursement for the oversizing and cost involved in making the connection to the old 4" water line that the City required . Staff suggested that an outside source be contacted to do a study on the overall system for future and potential development . In essence they would build a model of the City so that they could size the lines for us and when need use the reports as guidelines . Motion was made by Mayor Pro-Tem Donovan to the approve the reimbursement . Seconded by Councilman DiTota . The vote was as follows : Mayor Trimble- in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor , Councilman Westerhof-in favor , Councilman DiTota-in favor, Councilman Crane-in favor , Councilman Blakey-in favor . The motion carried with all in favor . REIMBURSEMENT FOR OVERSIZING OF WATER LINES RUSTIC OAKS IV DOBIE DEVELOPMENT IN THE AMOUNT OF $5 ,790 .00 : Staff stated this reimbursement was for 10" line through the apartment complex and along Flemming Drive and made connection to 4" line as required by the City. These costs were included in the line construction costs paid by the developer . Motion was made by Councilman Westerhof to approve reimbursement to Dobie Development , as Rustic Oaks IV public improvements have been previously accepted by the Council at an earlier Council meeting. Seconded by Mayor Pro-Tem Donovan. The vote was as follows : Mayor Trimble-in favor , Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor , Councilman DiTota-in favor , Councilman -•� Crane-in favor, Councilman Blakey-in favor . Motion carried with all in favor . Mayor Trimble recessed the open meeting and convened Council into executive session under the authority of Article 6252- 211 17 of V.A.C.S. Section 2 , paragraph "g" . concering governing body and its attorney. Mayor Trimble reconvened the open meeting after returning from executive session. Mayor Trimble called for a motion to adjourn since there was no other business . Motion was made by Mayor Pro-Tem Don an to adjourn with all in favor . ifits s ZS, / ''-' ----- - 411===1 Chuck Trimble, Mayor = A T - a : t ATTEST: S Debbie Peoples, Depu y City Secretary