05-26-1987 (City Council) Minutes 216
REGULAR CITY COUNCIL
MEETING-MINUTES
MAY 26 , 1987
7 : 00 P.M.
The Wylie City Council met in regular session on Tuesday,
May 26 , 1987 at 7: 00 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
John Akin, Calvin Westerhof, Christopher DiTota, Kent Crane,
Marvin Blakey, Acting City Manager James Johnson, Deputy
City Secretary Debbie Peoples . Other staff present were Roy
Faires , Ron Homeyer , Don White.
Mayor Trimble called the meeting to order at 7 :10 P.M. and
Councilman Blakey gave the invocation .
APPROVAL OF MINUTES: Minutes submitted for the May 4 , May
12 , and May 14 meetings. There being no additions or
corrections to the minutes a motion was made by Councilman
Westerhof to approve as submitted . 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-n favor ,
Councilman Crane-in favor, Councilman Blakey-in favor . The
motion carried with all in favor .
CONSIDER RESIGNATION OF FRED OUELLETTE FROM PLANNING AND
COMMISSION: Motion was made by Councilman Akin to accept
resignation. Seconded by Councilman Westerhof . 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. Motion carried with all in favor .
CONSIDER APPOINTMENT TO PLANNING AND ZONNING COMMISSION TO
REPLACE FRED OUELLETTE. TERM EXPIRES APRIL 1988 : Motion was
made by Councilman Blakey to appoint Bob Skipwith. Seconded
by Councilman Westerhof . 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 .
CONSIDER CERTIFICATE OF APPRECIATION AWARD TO WALTER E.
(BUBBA) JUSTICE FOR HIS EFFORTS IN SAVING PERSONAL PROPERTY:
Mr . Justice was awarded the certificate for his efforts in
containing a residental fire and saving the property owner
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extensive damage.
CONSIDER AMMENDMENT TO SUBDIVISION ORDINANCE, REQUIRING
DEVELOPERS TO ACQUIRE ALL NECESSARY EASEMENTS FOR OFF-SITE
WORK: Staff stated that ordinance had been ammended to
Council recommendation and was satisfactory for approval .
Motion was made to approve by Mayor Pro-Tem Donovan .
Seconded by Councilman DiTota . The vote was 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. Motion carried with all in favor .
CONSIDER ORDINANCE CREATING COTTONWOOD CREEK LIFT STATION
DISTRICT AND ALL APPLICABLE FEES, BOUNDRIES AND GUIDELINES:
After considerable discussion with Council and Staff a
motion was made by Councilman DiTota to table until staff
could rework based on the CH2M Hill report . Seconded by
Councilman Akin. The vote was 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 ORDINANCE AMENDING PARK ORDINANCE 78-18 , AMENDING
ARTICLE 2 , SECTION 2 , COMPOSITION AND APPOINTMENT TO THE
PARK AND RECREATION BOARD, AND ADDING A SECTION 10 TO
ARTICLE 1 , DEALING WITH DISORDERLY CONDUCT IN CITY PARKS:
Mr . Morgan stated that recently problems arose involving
adults using vulgar language and that at this time there is
no ordinance prohibiting such behavior . Motion was made by
Mayor Pro-Tem Donovan to approve amending ordinance with the
condition that "of the City of Wylie . . . "be added to Article
II , Section 2 . Seconded by Councilman DiTota . The vote was
as follows : Mayor Trimble-in favor , Mayor Pro-Tem Donovan-in
favor , Councilman Akin-against , Councilman Westerhof-IN
FAVOR, Councilman DiTota-in favor , Councilman Crane-in
favor, Councilman Blakey-in favor . Motion carried with 6 in
favor and 1 against .
CONDUCT A PUBLIC HEARING ON THE REQUEST FOR A SPECIFIC USE
PERMIT TO OPERATE A RETAIL NURSERY, STANELY ' S IN AN "R"
DISTRICT FOR 300 E. HWY 78 , BLOCK 16 , LOT 37 IN THE RAILROAD
ADDITION: Drainage problems , ie standing water , sign
ordinance violation and chicken wire screening were brought
to staff attention with the assuraunce by staff that these
problems would be addressed .
CONSIDER APPROVAL FOR A SPECIFIC USE PERMIT TO OPERATE A
RETATIL NURSERY, STANLEY' S IN AN "R" DISTRICT FOR 300 E. HWY
78 , BLOCK 16 , LOT 37 IN THE RAILROAD ADDITION: Conditions
were set to review Specific Use Permit after one year or
change of ownership of Stanleys . Motion was made by
Councilman Crane. Seconded by Councilman Blakey. The vote
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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 AUTHORIZATION FOR CITY STAFF TO ISSUE A SPECIFIC
USE PERMIT TO OPERATE A RETAIL NURSERY, STANLEY ' S IN AN "R"
DISTRICT FOR 300 E. HWY 78 , BLOCK 16 , LOT 37 , IN THE
RAILROAD ADDITION: Following the guidelines as set forth on
re-issue of permit , motion was made by Councilman Crane .
Seconded by Councilman Blakey. 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 REPLAT OF LOTS 22 , & 23 OF POINT NORTH ADDITION,
PHASE I : Staff recommended approval . Motion was made by
Councilman Westerhof to replat . Seconded by Councilman Akin .
The vote was 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 PRESENTAION ON LIGHTING SOCCER FIELDS BY WYLIE
SPORTS ASSOCIATION REPRESENTATIVES: If approved this would
permit construction of a soccer field with lighting in the
previously scheduled area for the ampha-theather with the
funds raised by the WSA and at no cost to the City. Motion
was made by Councilman Westerhof to approve. 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 . The motion carried with all in favor .
CONSIDER PARK MASTER PLAN PRIORITIES RECOMMENDATIONS BY PARK
AND RECREATION BOARD: Motion was made by Councilman
Westerhof to accept . 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 .
CONSIDER PRESENTATION BY VANESSA ORR REGARDING CHANGE OF
LOCATION OF STREET LIGHT ON WINDSOR: Mrs . Orr stated that
this street light would cause her considerable nuisance and
that when the petition was passed for signatures that she
was never contacted . Staff stated that it would be an
additional expense to the City if it moved as requested by
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Mrs . Orr . Staff was instructed to poll the neighborhood to
find out who does want the street light . Motion was made by
Councilman Westerhof to table. 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 . Motion carried
with all in favor .
CONSIDER PRESENTAION BY GILBERT WELCH, REGARDING WATER
SUPPLY TO WYLIE RANCH ESTATES: Mr . Welch stated that he had
two problems, water supply and adjacent property. Mr . Welch
began by explaining his numerous times without water or
notifiction of water being shut off by the City. He also
stated that he had notified the City numerous times about
only contacting him if the water was about to be shut off so
that he might draw water into his storage tanks to water
livestock and for personal use. Mr . Welch read letters he
had sent to the City regarding this problem and continued to
express his discontent by stating that he felt the problem
still had not been resolved even after staff explained to
Mr .Welch that the problem he was referring to had now been
corrected. He also stated that he felt that he was being
mis-informed . Mr . Welch said that he does not have a plan of
action in regards to what he feels the water problems are,
he stated "just give me water" . Staff explained that Mr .
Welch should have continuance water supply from now on and
if there are any interuptions in service that he would be
notified . Staff was instructed to review this situation and
report by to Council .
CITIZEN PARTICIPATION: Mr. Welch started by stating his
problem re: adjacent property. Mr Welch said that unless
drainage easements were acquired from adjacent property
owners that water draining down his property line would
cause him problems of misquitos due to exposed surface
water , his fence being washed out and other such problems .
Staff suggested alternatives to Council such as an
underground sewer system.
Mr . Bill Downs : Mr . Downs stated his discontent with the
City for annexing his and neighboring property. He ask if
the City could do anything to reverse the annexing . Council
stated no .
COUNCIL DISCUSSION: Councilman Blakey ask about the
electrical receptacle ordinance status . Staff stated they
were unble at this time to develop an ordinance without more
clarification on what is actually needed . Reminded Council
of meeting of Collin County Officials in McKinney on
Thursday May 28 , 1987 .
Councilman Crane stated that he would like to see us pursue
an ammendment to our building code to not allow the double
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key dead bolts be installed in new homes . Staff stated that
the only way to inforce this would be to specify new homes
and not existing ones .
Mayor reminded Council of General Assembly of the North
Central Council of Governments will meet on June the 2, 1987
for a luncheon and program. He also received from the Texas
Operational Plan for Radiology Protection a plan of
evacuation for emergency action . Meeting on June 1, 1987
with Texas Water Commission. Meeting on June 2, 1987 for EPA
requirements for Collin County ozone levels .
Acting City Manager James Johnson reminded Council of
meeting with the Texas Water Commission on June 1, 1987 at
2: 00 P .M. in room 119 in the Stephen F. Austin Bldg . and
suggested that they meet before the meeting and plan their
stratagies . He stated that he would notify Lucas regarding
ETJ as soon as Mayor and Mayor Pro-Tem set a date.
Councilman DiTota ask about specifics for the City Manager
Selection. He stated that he and Councilman Blakey had met
and would be meeting later on in the week with Mr . Bob
Woodruff and Mr . Bob Huey in the process of eliminatin and
ultimate selection of City Manager . Mayor Trimble suggested
to Council the possibility of video tapping potential
candidates . Cost is $50 .00 per candidate.
Councilman Akin clarified the schedule for garbage pick up.
CONSIDER PRESENTATION BY JAMES BUTTS FOR FUNDING OF THE
SUMMER RECREATION PROGRAM SPONSORED BY THE CHAMBER OF
COMMERCE: Mr . Butts stated that they were unable to meet
with the D B Owen Foundation before Council meeting for
possible funding because of the meetings schedule of DBO.
Mr . Butts said that they need $2 ,750 .00 . , but if funding
became avaliable they would not need the money. Motion was
made by Councilman Akin to approve. Seconded by Coucilman
Balkey. The vote was follows : Mayor Trimble- in favor, Mayor
Pro-Tem Donovan-in favor , Councilman Akin-in favor ,
Councilman Westerhof-against , Councilman DiTota-in favor ,
Councilman Crane-against , Councilman Blakey-in favor . The
motion carried with 5 in favor and 2 against .
CONSIDER FUNDING FOR NEWPORT HARBOR WATER LINE BY REQUEST OF
BARON COOK: Mr . Cook stated that anything over $62 ,000 .00 ,
he would pay. Mayor Pro-Tem Donovan made a motion to exclude
the booster pump and cap the reinbursement to $50,000 .00
only. Seconded by Counilman Westerhof . The vote was 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 .
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CONSIDER APPROVAL OF CH2M HILL DRAFT REPORT ON PROPOSED
WATER AND WASTEWATER SYSTEM/FACILITIES IMPROVEMNETS FOR
PRESENTATION TO THE TEXAS WATER COMMISSION: Motion was mas
Mayor Pro-Tem Donovan to approve. Seconded by Councilman
Westerhof . 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 .
CONSIDER APPROVAL OF GEOTECHNICAL INVESTIGATION PROPOSAL BY
ATI ENVIROMENTAL SERVICES, INC. ON CLOSURE OF WYLIE SANITARY
LANDFILL IN THE ESTIMATED AMOUNT OF $7 ,390 . 00 AND
AUTHORIZATION FOR CITY MANAGER TO EXECUTE ACCEPTANCE SHEET:
Acting City Manager James Johnson told Council that if in
fact the barrels exist that the City hire and enviromental
attorney and seek legal counsel in making the polluter
responsible for clean up cost . Mayor stated that the Council
was not aware of pending lawsuit . Motion was made by
Councilman Akin . Seconded by Councilman Westerhof . The vote
was 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 .
CONSIDER AUTHORIZATION FOR CITY STAFF TO DEVELOP CONTRACT
WITH THE NORTH TEXAS MUNICIPAL WATER DISTRICT FOR THE
ISSUANCE OF BONDS FOR THE CONSTRUCTION OF WATER AND
WASTEWATER SYSTEM/FACILITY IMPROVEMENTS AS OUTLINED IN CH2M
HILL REPORT: Councilman Crane stated that while he still
held his ground on this issue it was fighting a loosing
battle and that in the best interest of the Citizens it was
time to become a part of the constructive team and find a
workable solution to the problem. Motion was made by
Councilman Westerhof to approve. 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 Westerhof-in favor , Councilman DiTota-in favor ,
Councilman Crane-in favor , Councilman Blakey-in favor .
Motion carried with all in favor .
There being no more discussion Mayor Trimble called for a
motion to adjourn .
Motion was made by Councilman Westerhof to adjourn with all
in favor .
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ATTEST:
6LUtie: 19
De bie Peoples, Deputy City Secretary