07-14-1987 (City Council) Minutes 244
CITY COUNCIL MEETING
MINUTES
7 : 00 P.M.
JULY 14, 1987
The Wylie City Council met in regular session on Tuesday,
July 14 , 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, Kent Crane, John Akin, Chris DiTota, and
Marvin Blakey, Acting City Manager James Johnson, City
Secretary Carolyn Jones, Code Enforcement Officer Roy
Faires , Engineering Office Ron Homeyer , Acting Public Works
Director Don White and Bob Dillard from City Attorney' s
Office.
Mayor Trimble called the meeting to order and gave the
invocation.
APPROVAL OF MINUTES: Minutes were submitted for the June
23rd , June 29th and July 6th meetings . There being no �*
corrections or additions to the minutes a motion was made by
Councilman Westerhof to approve as submitted . Seconded by
Councilman DiTota. Mayor Pro Tem Donovan said she was not
happy with the minutes , she was not making any corrections ,
but did not like them being so political. 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, and Councilman Blakey - in favor. This motion
carried with all in favor .
APPOINTMENT OF VACANCIES TO THE PLANNING AND ZONING
COMMISSION: There are three vacancies to the Planning and
Zoning Commission . Motion was made by Councilman DiTota to
appoint Marty Stovall , Bart Peddicord and Cecelia Woods .
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,
and Councilman Blakey - in favor . This motion carried with
all in favor .
APPOINTMENT OF VACANCIES TO THE PARKS AND RECREATION BOARD:
There are three vacancies to the Parks and Recreation Board .
Motion was made by Mayor Pro Tem Donovan to appoint John
Smyder . Seconded by Chris DiTota . The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor ,
Councilman Akin - against , Councilman Westerhof - in favor,
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Councilman DiTota - in favor, Councilman Crane - against ,
and Councilman Blakey - in favor . This motion carried with
five (5) in favor and two (2) against.
Motion was made by Councilman Crane to appoint Mark Wise.
Seconded by Councilman Akin. The vote was as follows:
Mayor Trimble - against , Mayor Pro Tem Donovan - against ,
Councilman Akin - in favor, Councilman Westerhof - against ,
Councilman DiTota - against , Councilman Crane - in favor ,
and Councilman Blakey - against. This motion failed with a
vote of two (2) in favor , and five (5) against .
Motion was made by Councilman DiTota to appoint D. F.
(Skeeter) Whitlow. Seconded by Councilman Blakey. The vote
was as follows: Mayor Trimble - in favor, Mayor Pro Tem
Donovan - against , Councilman Akin - against , Councilman
Westerhof - in favor, Councilman DiTota - in favor,
Councilman Crane - against , and Councilman Blakey - in
favor. This motion carried with four (4) in favor, and
three (3) against .
Motion was made by Councilman Westerhof to appoint Joanie
Zeeb. 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, and Councilman Blakey - in favor . This motion
carried with all in favor .
The three new members to the Park and Recreation Board are
John Smyder, D. F. (Skeeter) Whitlow and Joanie Zeeb.
APPOINTMENT OF VACANCIES TO THE CONSTRUCTION TRADE BOARD:
There are two vacancies to the Construction Trade Board . A
motion was made by Councilman DiTota to appoint Mark
Stafford . 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 , and Councilman Blakey - in
favor. This motion carried with all in favor .
APPOINTMENT OF VACANCIES TO THE LIBRARY BOARD: There are
four vacancies on the Library Board . Motion was made by
Mayor Pro Tem Donovan to appoint Carol Barry, Steve
Fortenberry, Pat Zimmerman and Robert Fultz . 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 , and
Councilman Blakey - in favor. This motion carried with all
in favor .
246
APPROVAL OF AN ORDINANCE AMENDING ORDINANCES 79-16 AND 85- '^^
59 , WEEDY LOT ORDINANCE - SECTION 1 AND 4: Mr . Roy Faires
stated that the amendment was amending the height of the
grass/weeds to 12 inches or higher and the time period to
response to letters would now be seven (7) days . Mayor Pro
Tem Donovan asked Mr. Faires if this ordinance covered
swimming pools . Mr . Faires said the amendment, Ordinance
#85-59 addressed swimming pools. Councilman DiTota asked
the City Attorney if the council could add to this ordinance
if a person has frequent letters about weedy lots, can you
fine them immediately. Mr. Dillard from the attorney' s
office said that weed/grass ordinances are governed by state
laws and you must give a person so many days to comply. The
city judge can put a stiffer fine on repeat offenders. Mr .
Faires stated that the city staff could not recommend to the
judge an amount for fine. Mr. Faires said he has files and
some are repeat offenders, but as soon as they receive a
letter, they usually get the property mowed. Motion was
made by Councilman Westerhof to approve the amendment to the
weed/grass ordinance. 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, and Councilman Blakey -
in favor . This motion carried with all in favor .
a
APPROVAL OF A RESOLUTION ENDORSING THE TEXAS MUNICIPAL
LEAGUE ' S POSITION ON BROADENING THE SALES TAX BASE FOR TEXAS
CITIES: Texas Municipal League is asking cities for their
support for broadening the state sales tax base . This
resolution is presented to the Council for approval . If
approved , the resolution will be sent the Texas Municipal
League headquarters for their presentation to the State
Legislature if they receive the support that is needed .
Motion was made by Mayor Pro Tem Donovan to approve the
resolution. 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 , and Councilman Blakey - in
favor . This motion carried with all in favor.
APPROVAL OF ORDINANCE 87-35 AUTHORIZING AND DIRECTING THE
EXECUTION OF THE NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY
OF WYLIE SEWERAGE TREATMENT SERVICES CONTRACT: Mr . Carl
Riehn stated that in accordance with the instructions from
the City Council , the contracts that are before you have
been approved by the North Texas Municipal Water District
Board of Directors. Councilman Akin said looking back four
(4) months ago, TWC was putting stipulations on the City of
Wylie in regards to the treatment plant, and North Texas
Municipal Water District came back into the picture and
helped the City from having a six (6) million dollar debt .
Motion was made by Councilman Akin to approve the contract
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for sewerage treatment services with North Texas Municipal
Water District . Seconded by Mayor Pro Tem Donovan .
Councilman Crane said in looking at this contract, North
Texas Municipal Water District will own and operate the
plant until the bonds are paid , but the City of Wylie will
be responsible. Councilman Crane said that the City has no
control , but yet we are liable for the plant. Councilman
Crane said he felt the City was writing a blank check, if
the district is going to own/operate the plant then they
should be responsible . Mr. Riehn said the contract did read
that way, the reason is because North Texas Municipal Water
District operates these plants at cost with no profit for
the extra costs of legal matters, etc. NTMWD does this just
for cities and their board will see that these things do not
get out of control. Mr . Frank Medanich said that the
contract applies that the City will have exclusive use of
the plant and therefore the City should be responsible.
Councilman Crane said he had a hard time giving up control
and yet telling the citizens that City is held responsible.
Mr . Riehn said NTMWD can build these extra figures for being
responsible into this contract if that is what the cities
want but by leaving it out , it keeps the operation costs
down. Councilman DiTota wanted to know if the vehicles
damage the roadways during construction , does that leave the
City responsible for repairs. Mr. Riehn said if it is road
damage, the City usually repairs the road and the NTMWD
works with the City in the cost of repairs , but if it is
damage to another persons property or vehicles , NTMWD had
insurance to cover this. Mr. Dillard from the City
Attorney' s office, voiced concern about the whole harmless
statement in section 7 of the contract. Mr. Dillard wanted
to know how the City funded this - how will the city fund
protection if NTMWD injures another person. City Manager
James Johnson said the City has insurance to cover this .
Mr . Dillard also asked who actually takes care of what they
can do with streets while doing construction on job sites .
City Manager James Johnson said he has talked with Mr . Riehn
about this and Mr . Riehn said he has no problem with issuing
a letter to the City requesting approval to use each street .
There being no other questions or discussion , Mayor Trimble
called for a vote. 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 , and
Councilman Blakey - in favor. This motion carried with six
(6) in favor and one (1) against .
APPROVAL OF ORDINANCE #87-36 AUTHORIZING AND DIRECTING THE
EXECUTION OF THE NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY
OF WYLIE SEWER SYSTEM FACILITIES INSTALLMENT SALES CONTRACT:
There being no discussion, a motion was made by Councilman
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Akin 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 , and Councilman Blakey -
in favor. This motion carried with all in favor.
Mayor Trimble called for a five (5) minute recess in order
to sign the contracts with North Texas Municipal Water
District.
Mayor Trimble reconvened the meeting .
PRESENTATION BY BARON COOK ON A PLANNED DEVELOPMENT FOR
CANTERBURY HILL SUBDIVISION: Mr. Cook stated that he had
come before the Council once before. These projects used to
be very easy to do, but now County will not accept a plat
until the city close to the property has approve the plat .
Mr . Cook stated that when he brought this plat to council
some 18 months ago , it was noted that he had put in the
water line that fed Beaver Creek Sub-Division and that the
previous Council had stated that Mr . Cook could use this
water line for this subdivision. This water line is fed by
East Fork Water Supply. The problem with this plat before,
was that the Council wanted me to put in the street as
provided in the City Subdivision Ordinance. Mr . Cook said
he had a problem with this as the future plans for the City
show a thoroughfare and it seems to be more street than what
is needed here. Mr . Cook stated that Mr. Faires has said
that I can not ask Council for favors from the ordinances .
So what I am asking for is an amendment to the Subdivision
Ordinance. Councilman Akin said there was a problem before
for no alleys, size of road and no sewer. Mr . Roy Faires ,
Code Enforcement Officer , stated this was first brought to
the City in October, 1984 . It was taken before Plat Review
Committee as an ETJ development. The Plat Review Committee
had questions on this plat because of no fire hydrants, and
it did not comply to subdivision regulations . The Plat
Review, Planning and Zoning and City Council would not
approve this plat at that time. Mr . Faires said this should
have gone before Planning and Zoning prior to coming to
Council . Mr . Faires recommended to Council to direct Mr .
Cook to the Planning and Zoning Commission. Mr. Faires also
stated that this road was a collector street and would
connect Spring Creek Parkway to Interstate 30. Mayor Pro
Tem Donovan wanted to know if Mr . Cook needs to take this to
Planning and Zoning, shouldn ' t he do it before the Council
discusses it further . City Manager James Johnson said Mr.
Cook can certainly take this recommendation to Planning and
Zoning . Mr. Cook said he has no problems going to Planning
and Zoning, but he feels there are problems with the City
Subdivision Ordinance within the ETJ.
249
APPROVAL OF PRELIMINARY PLAT OF BIRMINGHAM PARK, TRACT 17 :
Mr . Roy Faires, Code Enforcement Officer , stated that this
was a part of the Single Family 3 section of Birmingham
Farms . Planning and Zoning has passed this plat before, but
due to no action on the land, the time period for proceeding
has expired and must come back to Planning and Zoning and
the Council . Planning and Zoning recommends this plat for
approval . Councilman DiTota stated there was a lot of
Single Family 3 and could Council rezone this to Single
Family one and two. Motion was made by Councilman DiTota to
table this item.
Councilman Crane said there is a lot of Single Family one
and two in this area, the developer is developing the first
phase in the SF3 area . Councilman DiTota stated he would
like to see more SF1 & 2 and to distract the SF3
development . Councilman Akin said this property has a value
of $23,000 . per acre and he would hate to see us put more
value by zoning SF1 , wouldn ' t this make it harder to have
them build out. Councilman Crane said he hated to send the
message out to developers that Council will not hold to
their commitments .
The motion to table was seconded by Mayor Pro Tem Donovan .
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 - against , and Councilman Blakey -
in favor . This motion to table carried with five (5) in
favor and two (2) against .
FINAL PLAT AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR QUAIL
HOLLOW II , LOT A (P. M. AKIN ELEMENTARY) : Mr . Ron Homeyer
of the Engineering Department stated this item was put on
the agenda with the understanding that the storm drainage
would be cleaned out . As of 6: 00 P.M. today, this had not
been done and staff recommends this item be tabled. Motion
was made by Mayor Pro Tem Donovan to table the final plat
and acceptance of public improvements. 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 ,
and Councilman Blakey - in favor . This motion to table
carried with all favor.
CITIZEN PARTICIPATION: Mayor Trimble requested that the
citizens wishing to speak keep their comments to within
five. There were no speakers at this time.
COUNCIL DISCUSSION: Mayor Pro Tem Donovan wanted to know if
the radio equipment hit by lightening was insured . City
Manager James Johnson said yes, and all but $1300 . of the
bill would be paid for by the insurance. This was declared
250
an emergency since it left the police without any type of --.
radio communications , and therefore will not have to be a
bid item. Staff has had this radio equipment looked at by
two different shops and it is not repairable . This invoice
is for new radio equipment. Mayor Pro Tem Donovan also
wanted to know if something could be done about the dumpster
that sits behind Sonny Boys. City Manager James Johnson
said he was already looking at this problem.
Councilman Blakey wanted to know where we stood on the EMS
project . City Manager James Johnson said there was one
proposal and it was for an $84 ,000 . a year subsidy. I have
asked this company plus another company to submit another
proposal. Councilman Blakey wanted to know what the next
step was . City Manager James Johnson said to wait for
another proposal , and also I have talked with the hospital
about working with the City on this service . Councilman
Blakey also asked about the revised budget. City Manager
James Johnson said he hadn ' t had time to put it together
with all the other things that had been going on this last
week.
Councilman Crane wanted to know where the council was on the
selection of the city manager. Mayor Trimble said he would
address that later . Councilman Crane asked Mr . Faires about
the dead bolt ordinance. Mr. Faires said it would be on the
next agenda . Councilman Crane also asked Mr . Faires about
the electrical ordinance. Mr. Faires said he had not heard
from any of the other cities . Councilman Crane asked City
Manager about lightening protectors. City Manager James
Johnson said he was looking into it .
Councilman DiTota asked Mr. Faires about some sections in
the sign ordinance, and about the conditions of the signs
going up in town that are not in compliance with our
ordinance . Can you do something about this . Councilman
DiTota asked City Manager James Johnson about HB24 -
limiting the employees to live within the city limits . City
Manager James Johnson said you can require the city manager
but not other employees to live within the city limits .
Councilman Westerhof wanted tp know what was the possibility
of putting in a sink in the kitchen area of the community
room.
City Manager James Johnson reminded the council of a
workshop with the county on Thursday night, July 16th at
7: 00 P.M.
Mayor Trimble stated that the city manager selection process
is now in the final stage. There have been seven (7)
finalist and these people have been video taped . I have two
tape if council will take these, review them and pass it on
to another member . Review these tapes as many times as you
251
need to, make notes and this will help us to move forward .
Mayor called for a called meeting with an executive session
to review these tapes with the council all together on
Thursday, July 23rd in the Library.
Mayor Trimble reminded the council of the dedication of the
fourth (4th) ball field on Friday, July 24th at 6 : 45 P.M. it
will be called "Rudy Rowell Ball Field" .
APPROVAL OF CONSTRUCTION DRAW #8 TO SPEED FAB-CRETE
INTERNATIONAL FOR WORK COMPLETED ON THE MUNICIPAL COMPLEX:
This draw is in the amount of $155,298 .01 . Mr . Faires
stated that work was completed to this stage and that Speed
Fab-Crete is entitled to this draw. Motion was made by
Councilman Westerhof to approve draw #8 to Speed Fab-Crete
in the amount of $155 ,298 .01 . 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 , and Councilman Blakey
- in favor. This motion carried with all in favor .
APPROVAL OF 1986-87 AUDIT ENGAGEMENT PROPOSAL BY DOLL ,
KARHAL, & COMPANY: The approximate cost of the annual audit
is $15 ,750 . this is required of the City by the City Charter
to have an annual audit done by certified public
accountants . Motion was made by Councilman Westerhof to
approve the 86-87 audit engagement proposal by Doll, Karhal ,
& Company. 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 , and Councilman Blakey - in favor . This motion
carried with all in favor.
APPROVAL OF REIMBURSEMENT TO BARON COOK OF 1378 DEVELOPMENT
CORPORATION FOR OFFSITE WATER LINE TO NEWPORT HARBOR
SUBDIVISION: The total cost of this project is $57 ,886 .60 ,
and was authorized by Council at a previous meeting . Mr .
Ron Homeyer stated that council has approved this but at
that time there was no engineering cost and the bill was
estimated at $50 ,000 .00 . Mr . Cook stated to the Council
that he had submitted this bill four weeks ago and it has
taken that long to get on an agenda, and he was not aware of
any problems . Motion was by Mayor Pro Tem Donovan to
approve the reimbursement of $57 ,886 .60 to Mr. Cook.
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,
and Councilman Blakey - in favor . This motion carried with
all in favor .
252
APPROVAL OF CONTRACT WITH SALLINGER, NICHOLS, JACKSON, KIRK
AND DILLARD FOR COLLECTION OF DELINQUENT TAXES: This
contract will become effective on July 24 , 1987 . Motion was
made by Councilman Westerhof to approve and sign the
contract for delinquent tax collections with Sallinger ,
Nichols, Jackson, Kirk and Dillard. Seconded by Councilman
DiTota .
Mayor Pro Tem Donovan wanted to know if after paragraph six
(6) could the council add that phone calls will be made
after the second letter is mailed. Mr . Dillard stated that
the firm usually does this , but will not have a problem with
an amendment to the contract, by sending a letter to his
firm. Councilman Crane said the Charter said law firm will
work at the will of the council and this contract does not
read exactly like that. Councilman Crane said he would have
to vote against the contract, and also that he would rather
have a longer term than one year.
There being no other comments or questions , Mayor Trimble
called for a vote. 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 , and
Councilman Blakey - in favor. This motion carried with six
(6) in favor , and one (1) against .
There being no other business , a motion was made to adjourn
with all in favor .
owmmnmunnntt OF
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JS SEAL Chuck Trimble, Mayor
ATTEST:
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