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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 217 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 218 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 219 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 220 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 . 221 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 . 222 iter,4 o1h�ink, V� (ice% Z.'7-'--" Sc===x = Chuck Trimble, Mayor sEAL 2.1 i y? /1/ivir 1fl111VlEt\\ ATTEST: 6LUtie: 19 De bie Peoples, Deputy City Secretary