09-08-1987 (City Council) Minutes 294
CITY COUNCIL MEETING --
MINUTES
SEPTEMBER 8,1987
7:00 P. M.
The Wylie City Council met in regular session on Tuesday,
September 8 , 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, Kent Crane and Marvin
Blakey, City Manager John Pitstick, City Secretary Carolyn
Jones, Code Enforcement Officer Roy Faires, Finance Director
James Johnson, Acting Public Works Director Don White, Ron
Homeyer from the Engineering Department .
Mayor Trimble called the meeting to order and Councilman
Crane gave the invocation.
CONSENT AGENDA: APPROVAL OF MINUTES, PROCLAMATION FOR
ARTHRITIS VICTORY WEEK, PROCLAMATION CONSTITUTION WEEK,
RESOLUTION AUTHORIZING CITY MANAGER MAKE APPLICATION AND
EXECUTE AGREEMENT FOR GRANT FUNDING GOVERNOR ' S CRIMINAL
JUSTICE DIVISION, APPROVAL AND ADOPTION ADMINISTRATIVE
REPORT, WORK ORDER AND INVENTORY SYSTEM, APPROVAL
ADMINISTRATIVE REPORT - LIFT STATION INVENTORY AND
MAINTENANCE PROGRAM TO TEXAS WATER COMMISSION AND APPROVAL
OF CONSTRUCTION DRAW #11 TO SPEED FAB-CRETE: Mayor Trimble
stated that the items to be considered on a consent agenda
are considered as one item. The Mayor or any Council member
may request that an item or items be pulled from the Consent
Agenda and considered separately. If such a request is
made, those items will occur in numerical order immediately
following the vote on the Consent Agenda. If no items are
pulled, the Council may move, by a motion and a second to
approve or reject all items contained in the Consent Agenda .
The approval of the minutes for August 25 , 1987 , the
proclamation for Arthritis Victory Week is for September
13th thru September 17 , 1987 . The proclamation for
Constitution Week is for the week of September 17th thru
September 23 , 1987 . A resolution authorizing the City
manager to make application and execute agreement for grant
funding with Governor ' s Criminal Justice Division . Approval
and adoption as City policies Administrative Report - Work
Order and Inventory System, and approval and submission to
the Texas Water Commission - Administrative Report - Lift
Station Inventory and Maintenance Program, and approval of
Construction Draw #11 , in the amount of $184 ,737 .29 to Speed
Fab-Crete International regarding work at the Municipal
Complex. There being no discussion, a motion was made by
Councilman Westerhof to approve the Consent Agenda as
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presented. 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 .
Mayor Trimble moved the Executive Session and the item of
action from Executive Session to this portion of the
meeting , as not to keep the people being interviewed for
Judge and Prosecutor waiting through the entire Council
Agenda .
Mayor Trimble recessed the opening meeting and convened
Council into Executive Session under the authority of
Article 6252-17 of V.A.C.S . , Section 2, paragraph "g" ,
personnel matters - appointments of Municipal Court Judge
and Prosecutor at 7 : 10 P. M.
Mayor Trimble reconvened open meeting at 7 : 27 P .M.
ACTION TO BE CONSIDERED FROM EXECUTIVE SESSION: Motion was
made by Councilman Westerhof to appoint Charles M. Hunt as
Judge and David Berman as Prosecuting Attorney and John
Lemley as Alternate Judge for the City of Wylie Municipal
Court . 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 .
ORDINANCE IMPOSING A WARRANT FEE AND A SPECIAL EXPENSE FEE
FOR DEFENSIVE DRIVING COURSES: This ordinance has been
reviewed by Mr . Robert Dillard, City Attorney and by the
city staff . It authorizes a $25 .00 warrant fee as set out
in Article 45 .06 of the Code of Criminal Procedure and a
$10 .00 special expense fee by virtue of the amendment
contained in Senate Bill 243 . Motion was made Mayor Pro Tem
Donovan to approve the ordinance authorizing a $25 .00
warrant fee and a $10 .00 special expense fee . 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 .
ORDINANCE PROVIDING FOR A LATE PAYMENT PENALTY FOR CITY
UTILITY SERVICES: This ordinance has come about from the
rate study done by Mr . Charles Binford and it was
recommended to the Council to apply a penalty of 10o to all
late payments on water and sewer bills . Motion was made by
Councilman Westerhof to approve the ordinance adopting a
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late payment penalty for city utility services . 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 REPLAT OF 1 ACRE OUT OF THE W. PENNEY SURVEY,
ABSTRACT 696 : This property is located on Parker Road and
is owned by Steve Anderhub. City Manager John Pitstick
stated that Planning and Zoning approved this replat with
the stipulation of 100 foot right-of-way be accept in lieu
of the perimeter street fees. Motion was made by Councilman
Akin to approve the replat of 1 acre out of the W. Penney
Survey, Abstract 696 with the stipulation of the dedicated
of a 100 foot right-of-way and to waive the perimeter street
fees . Seconded by Councilman Westerhof .
Mayor Pro Tem Donovan asked how much the perimeter street
fees would be. Finance Director James Johnson said
approximately $21 ,395.00 . Mayor Trimble stated that the
council would be setting a precedence and if this occurred
again, the Council would be put in the position to approve
it. There being no other questions , Mayor Trimble called for
a vote of the Council . 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 .
AGREEMENTS BETWEEN CITY AND ATCHISON, TOPEKA, AND SANTA FE
RAILWAY COMPANY FOR CONSTRUCTION OF RAILROAD CROSSING AT THE
PROPOSED WESTGATE SHOPPING CENTER: Mr. Rowland Forrester is
the representative for Mr . John Penington. Mr . Forrester
stated that Westgate Way is the north/south street that does
cross the railroad between FM544 and Hwy. 78 . Mr . Penington
will fund this crossing but would like for Council to
participate in this at a later date if possible. Mr .
Penington feels this will benefit the City as well as his
property. Mr . Penington does desire to make this a
thoroughfare, although Mr. Johnson has stated this is to be
a collector street . Mr . Penington realizes the City ' s
financial position but if the Council would participate in
reimbursing him in the future, he would appreciate it .
Mayor Pro Tem Donovan said the only problem is once it is
installed, the city has to accept it and maintain it . Mr .
Forrester said the City will have this just as you accept
any street or R-O-W after development . Councilman Akin said
what Mayor Pro Tem Donovan is looking at is the Railroad is
to keep up the crossings, but has not done this . Mayor
Trimble said it would be a dangerously expensive precedence
to set as there are a lot of places where this could happen
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as Wylie grows. Mayor Trimble asked if the city staff has
ever thought this to be a thoroughfare . Mr . Roy Faires
stated that the City has never stated this to be a
thoroughfare , but a collector street . Councilman DiTota
wanted to know if the Railroad would participate in the cost
of this crossing . Mayor Trimble said the City has to get
involved with the crossings , just as we have in the past
such as with McCreary Road and with Mr . Barron Cook. Mayor
Trimble stated that the Council needs an agreement with the
Railroad and the developer and that all cost for this
crossing be the developers responsibility. Motion was made
by Councilman Crane to approve an agreement between the City
of Wylie, the Atchison, Topeka and Santa Fe Railway and Mr .
Penington on this crossing with Westgate Way. 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 .
CONTRACTUAL AGREEMENT AND APPLICATION FOR EMERGENCY NUMBER
SERVICE (911 ) BETWEEN CITY AND GENERAL TELEPHONE COMPANY OF
THE SOUTHWEST: Mr . James Cowman representing the General
Telephone Company, said in the contract there is a date of
April 1 , but feels the system can be installed by February
1 , 1988 . Councilman DiTota wanted to know if the City still
has the Dec. 1st deadline and still get the system up by
Feb. 1, 1988 . Mr . Cowman said yes , and he has been advised
that it will help if the Council does a campaign of getting
the residents to use the address assigned to each house.
Mayor Trimble said before the council can have this
agreement , there needs to be an ordinance adopting this
system and setting the fee of ninety-three cent ($ .93) per
house hold. This would be added to their monthly phone
bills . Councilman Crane wanted to know if it was $ . 93 or
would it go up/down. Mr . Cowman said $ .93 unless the City
grows and takes in more than is needed to cover this
contract and then it would go down. Councilman Crane read
from this contract the follows :
"GTSW agrees to furnish Customer equipment and
facilities in accordance with its tariff , and Customer
agrees to be bound by the charges , terms, conditions ,
and rules contained in GTSW' s tariff . The contents
of GTSW' s tariff , including rates , remain subject to
change."
Councilman Crane said that council was signing an agreement
that states the tariff is subject to change. Mayor Trimble
said it could not change unless the council does another
ordinance. The City is paying for the services that are
being received . Mr . Cowman said that this tariff has to be
approved by the Public Utility Commission. Mr . James
Johnson said that under the PUC act there is a 125 day
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notice that must be given prior to a change. Motion was
made by Mayor Pro Tem Donovan to table until the ordinance
was ready and to also make a change in the agreement to
reflect the Feb. 1, 1988 date. 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 .
RECOMMENDATIONS FROM PARKS AND RECREATION BOARD : The Park
Board brought forth two recommendations to the Council . ONe
being to establishing a deposit for users of City Park
Equipment ( i .e. volley ball , volleyball net , basket ball)
and the second recommendation was to construction and
install a water fountain at the Park Pavilion. City Manager
John Pitstick stated that there was no problem with this in
the next budget . Councilman Akin asked about the water
fountain, did something happen to the fountain already
there. Acting Public Works Director Don White said this
would be a new fountain at the pavilion. Motion was made by
Councilman Westerhof to approve both recommendations for the
next budget year. 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 , and Councilman Blakey - in
favor . This motion carried with all in favor .
CITIZEN PARTICIPATION: Mayor Trimble welcomed anyone
wishing to address the Council at this time, but requested
they keep their time to two minutes.
Mr . James Roberts 105 S. Fifth Street stated he would like
to thank the Council for taking the time to hear him. Mr .
Roberts said he work for the City at one time, but no longer
does. It use to bother me, but not anymore. It was hard
for me to come up here. I tried to get on the agenda , but
was told I could not because there was a cut off of
Wednesday. Yet this agenda was not posted until 5 :00 P. M.
on Saturday. I do not understand - did no one put anything
on this agenda between Wednesday and Saturday. I have a
problem with getting my retirement from the City of Wylie.
It should take six (6) to eight (8) weeks . As of this date
I do not have this retirement money, but have talked with
TML and they have told me the City has to file their report
by the 10th of the month or it delays refund payments. This
is what has happened to my money, the City has not paid on
time. The City has policies that were passed and approved
by the Council , Personnel Regulations . The employee does
not have any rights , it is not right for one person to have
the final say, you go before the Grievance Board and the
board sends a recommendation to a certain party, this person
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has the final say. I did not find out what the board
recommended to this person only what this person' s decision
was . This is not fair . I thank you for your time.
Jayne Chapman 311 Woodhollow Court, on the 911 system, what
is the initial fee. Mayor Trimble said there is no initial
fee. City Manager John Pitstick said we staff a dispatcher
to answer this 911 number , but there is no initial fee up
front for the City.
COUNCIL DISCUSSION: Mayor Pro Tem Donovan wanted to know
where staff was on the school ordinance for times in the
school zones , and also could there be a budget hearing on
Friday since she will be out of town during the other
schedule meetings .
Councilman DiTota stated that there was a lot of trash put
out on Monday and there was no pickup due to the holiday.
Could the City have an ordinance putting a time on when
trash can be put out for pick up. City Manager John
Pitstick said other cities have this , but it is very hard to
enforce. Most cities that have this state that trash cannot
be put out more than 24 hours prior to pickup.
Councilman DiTota said he is looking more at the regular
days such as trash being put out on Friday and pickup day is
not until Monday. City Manager John Pitstick stated that he
would get an ordinance put together for Council to review.
Councilman Westerhof ask Council if they were interested in
an ordinance prohibiting selling of food from vehicles on
the side of the road. Councilman Westerhof would like to
see something done about this . Mr . Faires , Code Enforcement
Officer said his staff has inspected several vehicles for
health and safety.
Councilman Westerhof wanted an update on the problem on
Spence and Brown. Mr. Faires said it has been looked at but
it involves another investigation and I cannot comment about
it at this time.
Councilman Crane asked about the wrecking yard at the Lake
entrance. Mr. Faires said he has filed on these people and
will go to court this month.
Councilman Akin wanted to know about the top coat on
Cottonbelt and the park road . Mr . White, Acting Public
Works Director said it should be going down soon.
Councilman Akin also stated that the east side of Memorial
and Mardi Gras streets is beginning to crack. Councilman
Akin also asked about the handicap ramps at the new complex .
Mr . Faires stated they would be there. Councilman Akin also
stated that the dumpster pads are giving problems and
tearing up the streets and drive ways. Mr . Faires said he
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has asked for a drawing from the engineering office for
these pads. Finance Director James Johnson said Moore
Industrial had concrete pads in their contract but BFI did
not have this clause in their contract. Councilman Akin
also stated that the Garden Club will be looking at the
court yard of the new complex on Wednesday afternoon at 4 :00
P.M. if any of the Council could be there. This is in
regards to landscaping and also Mr . Pinkus has given us 50
Crepe Myrtles .
Mayor Trimble received a call today from Mr . James Butts
from the Chamber and said J. C.Penny Co . is hosting a
employee fair in New York City next week. This will promote
and introduce Wylie to some of their employees that will be
moving into this area. The Chamber of Commerce and the
School District are sending representatives. Mayor Trimble
said he would like to see at least two of the Council go and
participate, the cost will be approximately $900 .00 each,
the booth space is free . You will be leaving on Sunday,
September 13th and returning on Wednesday September 16th.
Mayor Pro Tem Donovan suggested putting together a packet to
hand out. City Manager John Pitstick said staff would be
willing to put a packet together and to meet with the other
representatives from the school and the chamber . Mayor Pro
Tem Donovan said she would like to see a video of Wylie and
be able to update it. This is what is needed to promote our
City.
Mayor Trimble called for a 10 minute recess .
Mayor Trimble reconvened the meeting and did call for a
budget work shop on Friday, September 11 , 1987 at 6: 30 P. M.
DISCUSSION OF LAKE RAY HUBBARD MOBILE HOME PARK AND
ACCEPTANCE OF APPLICABLE PUBLIC IMPROVEMENTS: The public
improvements to be accepted are the interior sanitary sewer ,
perimeter street and storm drainage. City Manager John
Pitstick said the force main and line for sewer needs to be
put in with specs from CH2M Hill and the lot fees need to be
paid plus the water turned on from East Fork Water Supply
and the fire hydrants pressure tested. Mr . Steve Knight
said the developer is going ahead with the sewer line. This
project is behind and over budget and the developer needs
some type of assurance from the Council to take to his
lender that these issues are the only things that remain to
be completed prior to getting to open. Councilman Akin
wanted to know if at the last meeting wasn' t staff and the
City' s legal counsel given the direction to meet together
and come back to Council with recommendations . Finance
Director James Johnson said the developer needed to work
with East Fork Water Supply for their water supply, lift
station district fees , the lot fees are all due. Staff
recommends to start out with 25 lots and then 50 lots , etc
until all fees are paid. This will assist them in getting
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the park opened. Mr . Steve Knight , Attorney for Mr .
Finholt , requested a motion that states what needs to be
done in order for the park to be able to open. There has
been some vandalism out in the park and the developer would
like to move one mobile home in for the park manager and
hope to keep the vandalism down. Finance Director James
Johnson said this would violate the housing code.
Councilman Westerhof said it violates what Texas Water
Commission has set up for the City. Mayor Trimble suggested
a self contained motor home and use it for an office.
Councilman DiTota wanted to know if the Council stated that
these items were all that was needed to complete this
project and in a few months something came up, would the
developer be responsible. Finance Director James Johnson
stated that the maintenance bond has not been put up for the
sewer .
City Manager John Pitstick said the following should be
listed as items needed for completion of this park:
1 . installation of a 6" forced sewer main to connect
the park up with the City of Wylie' s existing
system, with final engineer approval from CH2M Hill ,
2 . connection of water services to East Fork Water
Supply with appropriate pressures for current
fire code requirements , and
3 . payment of all fees including lift station district ,
sewer impact fees , annual license and inspection
fee .
Mayor Trimble said given solutions to all problems listed
above, the park would be accepted .
Motion was made by Councilman Crane to approve and accept
the Lake Ray Hubbard Mobile Home Park with the above three
stipulations . 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
- against, Councilman DiTota - against, Councilman Crane -
in favor , and Councilman Blakey - in favor . This motion
carried with five (5) in favor , and two (2) against .
DISCUSSION OF ESTABLISHING CITY PRIORITIES FOR 1988 COUNTY
BOND PROGRAM: Mayor Trimble stated that there are a number
of committees that the Council and citizens need to get
involved in for this bond program. Mr . John Morgan and Mr .
D. F. Whitlow have said they would work on the Open Space
Committee, Mr. James Johnson said he would work on the
Infrastructure Committee, Mayor Trimble is going to work on
the Transportation Committee as well Councilman Blakey.
Councilman Westerhof said he would work on the
Transportation and the Criminal Justice Committees , and
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Councilman Crane said he would work on the Flood Zone —h
Committee. City Manager John Pitstick said that there would
be a staff member on each of the committees . Councilman
DiTota requested the news media to publish all the
committees and the need for the citizens to get involved .
Mayor Trimble stated that the Council needed to come up with
a list of priorities for this bond program. Some of the
items for the priority list were: Improvements to FM544 ,
Highway 78 and Spring Creek Parkway, there is a need for a
new bridge at Stone Road where the Rush Creek Lift Station
is and there is a need for a study for a regional sewer
plant .
SET DATE FOR BUDGET WORKSHOP AND HEARING: Mayor Trimble
stated the budget workshop and hearing was to be scheduled
on Tuesday, September 22, 1987 . There is also workshops set
up for Friday, September 11 , 1987 and Thursday, September
17 , 1987 . Motion was made by Councilman Crane to set the
budget workshop and public hearing for September 22 , 1987 .
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 .
DISCUSSION OF LUCAS - WYLIE ETJ AGREEMENT AND APPROVAL OF
JOINT RESOLUTION BETWEEN CITIES: Motion was made by Mayor
Pro Tem Donovan to approve the agreement and sign the
resolution between Lucas and Wylie setting ETJ boundaries .
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 .
APPROVAL OF DRAW #2 OF $100 ,000 .00 ON WORKING LINE OF CREDIT
WITH FIRST STATE BANK: Councilman Akin stated that water
revenues were up in August , this did not have any affect on
our revenues. Finance Director James Johnson said this
helped but did not off set the expenses . Motion was made by
Mayor Pro Tem Donovan to approve Draw #2 of $100 ,000 .00 on
working line of credit with First State Bank. Seconded by
Councilman Westerhof. 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 carried with
five (5) in favor , and two (2) against .
There being no other business , a motion was made to adjourn
with all in favor .
3 0 3
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SEAL
2L-7--___:-Al Chuck Trimble, Mayor
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