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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 295 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 296 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 297 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 2 9 8 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 299 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 300 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 301 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 302 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 --' SEAL 2L-7--___:-Al Chuck Trimble, Mayor co ATTEST: #40/111111111110' CaLecayrl\9te: . C t'y 8ecretary