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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, 245 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 247 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 248 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 , C JS SEAL Chuck Trimble, Mayor ATTEST: 5 ikkt 1E, E nEE P t� Carolyn es, C y ecretary