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 .
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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
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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 .
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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 ,
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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
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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-
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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
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ATTEST: S
Debbie Peoples, Depu y City Secretary