09-22-1987 (City Council) Minutes 316
CITY COUNCIL MEETING
MINUTES
SEPTEMBER 22, 1987
7: 00 P. M.
The Wylie City Council met in regular session on Tuesday,
September 22 , 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, Council Members Cal Westerhof, Chris
DiTota, John Akin, Kent Crane , and Marvin Blakey, City
Manager John Pitstick, City Secretary Carolyn Jones, Finance
Director James Johnson, Code Enforcement Officer Roy Faires ,
Acting Public Works Director Don White. Mayor Trimble
stated that Mayor Pro Tem Donovan was absent due to illness
in her family.
Mayor Trimble called the meeting to order and Councilman
Akin gave the invocation.
APPROVAL OF MINUTES: The minutes submitted were for the
September 8th, September llth and September 14th 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. The vote was as
follows : Mayor Trimble - 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 .
CONSENT AGENDA: The consent agenda includs amendment to
Task Order No. 2 from CH2M Hill Engineering Consultants and
Mutual Aid in Disaster Assistance with City of Parker,
Lucas, Plano, Neveda , Murphy, Sachse, and Allen, and
authorization to seek bids for contract paving for 1 1/2"
asphalt overlay for Park Road and Cottonbelt Street . The
items on the consent agenda are to be considered as one
item. The Council may move, by a motion and a second, to
approve or reject all items contained within. 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 .
Motion was made by Councilman Westerhof to approve the
consent agenda .
Councilman Akin wanted to know if the money was available
for the asphalt overlay, and why was this done. City Manger
John Pitstick said it would come out of the new budget .
Acting Public Works Director Don White stated that there has
been so many complaints about Cottonbelt that he talked with
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staff and decided to take the Bomag out and redo the street .
It will be a good street with 1 1/2" asphalt overlay.
Councilman Akin said he was under the impression this would
have a tac coat instead of an overlay. Acting Public Works
Director Don White said the street would not last as long
with the tac coat . Councilman Crane wanted to know if we
have abandoned laying the asphalt with the motor grader .
Mr . White said this could be done . City Manager John
Pitstick said Council could decided to do this if the bids
come in to high. This overlay needs to be done before the
bad weather comes in.
Councilman Westerhof ' s motion was seconded by Councilman
Crane. The vote was as follows: Mayor Trimble - in favor ,
Councilman Akin - against , Councilman Westerhof - in favor ,
Councilman DiTota - in favor, Councilman Crane - in favor ,
and Councilman Blakey - in favor . This motion carried with
five (5) in favor and one (1) against.
APPROVAL OF FINAL PLAT FOR APPROVED FOR CONSTRUCTION FOR
WESTGATE INDUSTRIAL PARK: This item was pulled from the
agenda.
PUBLIC HEARING ON THE PROPOSAL FOR INCREASE IN WATER/SEWER
RATES FOR THE CITY OF WYLIE: Mayor Trimble invited anyone
there to come forward, to state their name and address and
keep their comments to within two (2) minutes. Mayor
Trimble also stated that the citizens participation was left
off the agenda in error and during the next two items which
are public hearings we welcome any citizen to come forward .
Mayor Trimble opened the public hearing.
Finance Director James Johnson said the ordinance before you
is the result of the Binford Rate Study and the Enforcement
Order from Texas Water Commission Board. This is an 18%
increase to the water and sewer bills . The yearly pay out
for the bonds for improvements to the treatment plant for
87-88 are $135 ,179 .00 which increases to $192 ,000 .00 in 88-
89 budget year . Councilman Crane wanted to know if this
increase included trunk line and improvements. Finance
Director James Johnson said no , just improvements to the
sewer treatment plant. Councilman Crane said to help the
public better understand, this is under direct orders from
the Texas Water Commission Board. Mr. Johnson said yes ,
this was correct . Councilman Akin said we put 12%
increase in February and now we are putting 18% increase, we
need $135 ,000 .00 this year . Mr . Johnson said this rate
design was built on the growth rate of 15% annually over the
next three (3) years . Councilman Crane asked how long would
we pay on this bond. Mr . Johnson said 20 years . This plant
was built in 1960 and does not meet the Texas Water
Commission Board rules for emptying into Dallas water .
Mayor Trimble asked if there were any citizens wishing to
comment .
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Mr . Morris Housewright of 303 Jefferson stated if we do not
have 15% growth, will there be more increases . Why do we
keep getting increase after increase. Have we grown by 15% .
Mr. Johnson said 7 .5% growth. Mr. Housewright said if
Council keeps going like this the City is going to be going
the other way.
Mr . Jack Mote of 409 Hilltop stated that he works with
Federal and State and something should have been done over a
year ago . This should have been done back in the late
1970 ' s . This is the last order from the TWC.
Mr . Art Brumfield 412 Elliott wanted to know if the
treatment plant supplied more than Wylie. Mayor Trimble
said no . Mr . Brumfield wanted to know why we had to build
it so large. City Manager John Pitstick said when you build
a treatment plant you have to do it for the future. Finance
Director Mr. Johnson said the Texas Water Commission would
only approve a 2M per day. Councilman Crane said there is
a problem with infiltration. When it rains there is a lot
of old pipes that let the rain leak in and it goes through
our treatment plant .
Mrs . Jill Tomek of 511 Rustic Place, stated I understand we
need to adjust for the new water for the new subdivision.
Mayor Trimble said this is not connecting them to our
system. Mrs . Tomek asked if the citizens were paying for
this sewer or was the developer . Councilman Crane said we
provide the facility for sewer, but the developer does pay
for connecting it to the system. Councilman Crane also said
we have an Impact Fee that does help pay for this system.
The new people pay their own way and this has come to us
from State on how to figure this fee. Every house that is
occupied has help to pay for development.
Mr . Michael Turner of 201 N. Keefer wanted to know when the
survey was done and if the 12% was included . Finance
Director Mr . Johnson said yes the 12% was included on this
report . Mr . Turner said people are not going to water their
lawns next summer if this keeps going up. City Manager John
Pitstick said staff has been encouraged from TWC to help
people conserve water. Council will see an ordinance on
this soon.
Mr . David Brundidge 109 N. Keefer said it seems like a lot
of this is on projected growth and over the last few years,
we have grown, but if you are watching , people are not
moving in like they were a few years ago. I am all for
paying what we have to but it seems we are over projecting
and spending it. There are elderly people here that can not
afford this . I love Wylie, it is my home. Wylie is now a
place where you wonder how long you can stay. This growth
has become a burden.
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Mr . Kevin Altimier of 510 Rustic Place said I do not mind
paying for water or sewer but when you have to wait a year
to get a pump built it is bad . There is a water tank about
one mile from my house and they have been building on this
for a year . Is it on line. Finance Director James Johnson
said no, we are waiting for North Texas Municipal Water
District to connect a telemeter . Mr . Altimier said in
looking at the budget you have a lot of people in
administration , is this necessary, maybe we need more
workers .
Mr . Wayne Clark of Briarwood said on the same line of
management or lack of it , myself and other citizens watched
two (2) men supervise four (4) men . Need to get one man to
supervise four (4) men.
Mr . Craig Swaner 511 Jefferson said some of the problems are
the fact the streets are not up to standard like in Garland .
When I ask about it , it is said Wylie does not want to
burden the citizens yet all I see are higher taxes .
Mr . Steve Winters 123 Windsor Dr . how many employees does
the City have. Mayor Trimble said 72 . Mr . Winters said in
the past two years I have seen no work done on streets . Do
you have a street sweeper . I have never seen it go down my
street . How much did it cost . Mayor Trimble asked
Councilman Akin about the cost. Councilman Akin said
approximately $60 ,000 . Mr . Winters said there were to many
people on the payroll . When you build the new City Hall
taxes were not to go up . Where is the money going .
Councilman Akin said when the City Hall was started the work
force than put $100 ,000 . up for this new complex and we had
42 employees .
Mr . Brad McDonald 706 Norfork said I have heard all the
complaints , what are we going to do about it. Mayor Trimble
said these orders were coming from the Texas Water
Commission Board and the City has no choice but to raise the
water/sewer bills .
Mrs . David Brundidge 109 N. Keefer wanted to know why there
was a little ad in the paper on the tax hearing and no one
reads the Wylie News . City Secretary Carolyn Jones said
there was a fourth page ad in the paper on the tax hearing .
Mrs . Brundidge said she hears this , but if Council does not
do something , we will go door to door and get a recall .
Mr . Jerry McMahan 311 Briarwood, the statement about no
choice of building this plant . Why don' t we sue the State.
Mayor Trimble said several hours have been spent over
several months about these issues. We have gotten the Water
Commission to come off what they originally asked for . The
Council and staff have until 1989 and yet they first wanted
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it done sooner . Mr . McMahan said there are all kinds of
decision that come out of the courts and I suggest we sue
the state. We may loose but at least we tried . Mr .
Dillard, City Attorney, said he was not at the hearings , but
he does know it would not be good to go to Court and speed
money for legal obligations . The State has given you more
time than when you first started with them.
Mr . Brad Nash 512 Rustic Place said I moved to Wylie in
March, because it was a small town and I liked it . Have we
thought of getting a Federal Grant .
Mrs . Bobby Curtis of 506 W. Oak said I came in June to talk
with you about taxes and water and Richardson was the
closest us and yet Wylie was higher . I had everything in
black and white and proved Wylie was higher than Plano,
Richard, Garland, are the Mobile Home Parks not paying their
way. I heard Mr . Gus Pappas made a deal with them.
Councilman DiTota said there is a Mobile Home Park but they
have to put in their own sewer lines. Mrs . Curtis wanted to
know about Southfork, will they have to put in their lines .
Mayor Trimble said yes, Southfork has put in a temporary
line and will have to put in the permanent lines . Mrs .
Curtis also said I want to tell you about growth in Wylie .
On my street there are three houses being foreclosed and we
will not grow if this keeps happening. There was an article
down grading Wylie in the paper , if this keeps up I will
have to move.
Mrs . Thelma Upshaw 425 Woodhollow Dr , stated her taxes went
up $100 .00 this year . The valuation is at $93,000 . and we
cannot sell it because of taxes . There is something wrong
somewhere.
Mrs . Gayle Yeager of 508 Willow Way said we are looking at
30% increase this year , there is a lot of people without
jobs and we should consider the human side of this .
Mr . Allen Nosar of 505 Rustic Place wanted to know how long
the City has known about the treatment plant . If we had been
expedient could we have saved. Mayor Trimble said it might
have been a little cheaper in 1985 , this is an old plant .
Mr . Nosar said when did the State come to us. Finance
Director James Johnson said it started in 1983-84 but the
major problems came in 1985. Mr . Nosar said when did the
State condemn the plant . Mayor Trimble said the State did
not condemn the plant, they issued an Enforcement Order in
June, 1987 . Mayor Trimble said no we did not apply for a
Federal Grant .
Mrs . Nash of 512 Rustic Place said Collin County raised
appraised values , you received an increase base from
$207 ,000 ,000 . to $270 ,000 ,000 . and you have $63 ,000 ,000 . and
this will not help us. City Manager John Pitstick asked Mr .
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Johnson how much this would bring us . Mr . Johnson said
$275 ,000 .00 . Mrs . Nash said $275 ,000 . and this is not
enough, plus water/sewer increase. Why do we need so much
more. Why did no one apply for a Federal Grant. Mayor
Trimble said there was no money available for Federal Grant
money at this time. Mrs . Nash said small towns can get
Federal Grant money. Councilman Crane said the grant money
has been looked into and it had expired. There is a new
block but it is too late for us to apply. Mayor Trimble
said that no one here has been here long enough to answer
you. Councilman DiTota said there is an 88 Bond issue from
Collin County and the more citizens that become involved,
will help Wylie get funds for us .
Mr . Bobby Skipwith 315 Hilltop said I understand the problem
this Council has, most of you come into these problems .
There is going to have to be a stopping place somewhere. I
hope this Council will not keep going out getting more
growth for our City. I just cannot see why Wylie has done
these things in the past . When most Cities were trying to
get rid of Mobile HOmes , Wylie was taking them in. When
Dallas and these larger cities tried to sue the TWC, they
lost and I do not see us spending money to sue the State.
There being no other comments Mayor Trimble closed the
public hearing .
PUBLIC HEARING ON THE 1987-88 PROPOSED BUDGET: City
Manager John Pitstick said we are hearing some comments
tonight in regard to the budget and tax rate and one concern
is that last year the revenues did not come in . In this
next year we are going in with a deficit. We are moving
into the new City Hall and it brings a large debt of
$184 ,610 . The staff has tried to look at the revenues and
looked at growth and we have cut revenues but at the same
time we are bring in a ten cent tax increase. This will not
bring us up todate, but we are going to bring better service
with less money. One concern about taxes are our senior
citizens . Our current ordinance discounts $15 ,000 .00 and
the new ordinance will grant $30 ,000 .00 exemption which will
exempt over half our senior citizens . City Manager John
Pitstick said his concern was we were bring forward a
deficit and this ten cents will not take care of it . If we
get good growth, it might possible help us . The city staff
has concerns on upgrading our departments . City Manager
John Pitstick said I know there are citizens going through
hard times , just as the City is having . We had the first
hearing last week and only one person came. Without raising
the tax rate, we will have to cut services . If we severely
cut back you will have more problems .
Mr . Michael Turner 201 N. Keefer , going into this year in
the hole, why hasn' t any thing been done. All you did was
borrow money. Mayor Trimble said no , there were a lot of
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meetings and work session. Mr . Turner said but nothing was
cut . Mayor Trimble said no, we could not decide which staff
to cut. Mr. Turner said tonight there are 5 cars at the
police station why. Shouldn ' t they all be on the road . My
wife was in City Hall last week and it took her five minutes
to be waited on .
Mr . Jim Howell of Rustic Place going into the year with
$175,000 . short fall , how much will this increase lessen
this year . Mayor Trimble said none, it would take another
ten cents on your taxes. Mr . Howell said where did most of
this debt come from. City Manager John Pitstick said it came
from the revenues not coming in. Mr. Howell said he moved
into Wylie a year ago and at that time he was at the end of
the growth period. Mayor Trimble said it happened
everywhere.
Mrs . Sherry Bacher of 401 Briarwood said most of us would
like to hear that you cut the budget and yet you said you
have not cut this budget . I do not want to see anyone loose
their job but you need to make a commitment .
Mr . Gerri Schneller of 302 W. Marble the last few years our
taxes have gone up. You have not done anything in these
years what is going on . Taxes have gone up every year .
What is going on.
Mrs . Nash of 512 Rustic Place wanted to know how much tax
money goes to pay for city services like for Presidential
Estates . I am talking about water/sewer services . Mayor
Trimble said the City will not pay for putting in the sewer
lines . Mrs . Nash said people here now are not paying for
more services for new people. Mayor Trimble said this is
for debt service. Mrs . Nash said a few months ago there
were three councilmen voted on paying their attorney fees .
Isn' t this a conflict . Mayor Trimble said no legal advice
said it was not a conflict. Mrs . Nash said anything over 8%
increase in taxes the citizens can get together and ask for
a roll back.
Mrs . Bobby Curtis 506 W. Oak said all we have heard about is
growth and revenues . It would be nice to have a good
grocery store, what can we do to bring revenues into Wylie .
Most people go to Garland and Plano for shopping. Mrs .
Curtis also asked why Wylie did not have a swimming pool . I
was told it was due to the insurance being to high. Why not
have a swimming pool and bring in some revenues . We have
nothing for our children. Mayor Trimble said a swimming
pool is not a revenue source.
Mr . Joe Tomek of 511 Rustic Place said on this new company
coming in how much will it help us. Mayor Trimble said it
will help a lot . We will be deemed their point of sale and
we will get 1% of their sales tax. Mayor Trimble said it
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will not come in this year . City Manager John Pitstick said
the City does not receive tax revenues for approximately 18
months after move in, yet we have to give fire, police,
water and sewer services. Mayor Trimble said one thing,
Sanden is giving us land and putting in a park. Councilman
Blakey said Central Appraisal comes by the 1st of January
and appraises my land and I may not build until mid Jan . ,
yet I do not pay taxes until next year. Mr. Tomek wanted to
know if anyone could run the Bomag. Mayor Trimble said one
mistake about this Bomag is the materials that go into it
cost a lot , yes , we do have someone to run it . City Manager
John Pitstick said we hope to rebuild some streets in the
Spring . Mr . Tomek said we should look at what we have
because the citizens do not like this .
Mr . Gerrie Schneller 302 W. Marble stated I have called six
(6) times in eight (8) weeks to have pot holes fixed. They
dug up the whole street, why did they do this . Mayor
Trimble said it was to help the street , and to prepare it
for an overlay. Acting Public Works Director Don White said
there were so many pot holes they could not fix them right
and to do the whole street was the best thing .
Mr. Jerry McMahan 311 Briarwood stated that he had one
comment on Sanden Inc . They are one of my customers , one
of your analysis of sale tax is unlikely. Because they do
air conditioning for foreign cars . You will not receive
sales tax . Most of their parts will go out of State. In
the past two years I have had no pay raises and I feel we
should take a large knife to the budget and spend no more
money than in the past . Department No . 102 - City Manager
Reserve of $35 ,000 .00 - salary pool for employees .
Councilman DiTota said this is not for the City Manager , but
it is for the city employees for those who are grossly
underpaid. Councilman DiTota said we are not giving raises
only if they are underpaid give a raise to help keep them.
Mr . McMahan said today nearly all companies have fewer
employees than last year. Councilman DiTota asked what
happens when you loose an employee, you loose history. Mr .
McMahan said this figure is very high. Mayor Trimble said
over 72 employees , it is not very much. Mr . McMahan said do
we need 72 employees. Mr. McMahan said in Department 105
$94,000 to $107 ,000 , why. City Manager John Pitstick said
it was to replace a vehicle. Mr . McMahan said in Department
110 - Finance, contractual from $45 ,000 . to $68 ,000 . My
point is I truly feel the Council needs to take some long
strong looks at this budget .
Mr . Steve Winters 123 Windsor how many in the street
department . City Manager John Pitstick said six (6) in
street department and four (4) in parks. The street
department people are doing the work we are just contracting
the asphalt overlay. Mr . Winters said that each person on
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Memorial and Mardi Gras paid to have their street done. I �*
can not see giving any employee a raise.
Mrs . Bobi Curtis 506 Oak Street said how much is owed in
back taxes . Mayor Trimble said less than $100 ,000 .00 .
Councilman DiTota ask how much money on delinquent taxes .
Finance Director James Johnson said $30 ,000 .00 but most of
these from builders who are in bankruptcy. Mr . Johnson also
stated that demand letters have gone out. Mrs . Curtis said
by having a tax person will we not have to pay for an
attorney. Mr . Johnson said we are just moving the tax
person from one department to another , and this does not
replace an attorney.
Mr. Bobby Skipwith 315 Hilltop said he is not always around
Wylie to see what the employees are doing, but every time I
go by the police station, there are always about seven (7)
cars there. Let them take them home. I called other cities
- Rowlett has 132 employees , Rockwall 8900 population with
79 employees, Forney 3200 population with 25 employees ,
Frisco 5050 population with 50 employees , Faires 2400
population with 19 employees , Watauga 8500 population with
65 employees , Seagoville 9500 population with 75 employees ,
Wylie 7800 population with 65 employees. As far as
employees with other cities I feel we are a little heavy on
employees. Maybe we have overloaded on supervisors .
Councilman Akin said looking back at 87-85 budget
$1,840 ,000 . , three years later $4,750 ,000 . with 43 employees
in 84-85 and today a total of 93 employees . I feel we need
to look into the budget and do something . I was told we
have more important things to do . I feel this short fall
could have been corrected. I feel we are getting out of the
ball park in this tax rate . Revenues have been based on
growth. It is frightening to increase our taxes . I for one
cannot support this tax rate increase.
Mr . David Brundidge 109 Keefer on the budget there is a lot
of personnel , I work for a large company, we have cut out
all assistant supervisors and have one mechanic for 93
trucks . What do we do in the Parks Department during the
winter . There is no drainage on my street. The police
station has anywhere from four (4) to six (6) cars there day
and night. I know you are good people and you are trying to
do things right , but do not tax us to death.
There being no other comments , Mayor Trimble closed the
public hearing .
APPROVAL OF ORDINANCE ADOPTING THE NEW WATER/SEWER RATES:
Finance Director James Johnson said these rates have been
presented to Council from the Binford Rate Study and is what
is needed in order to satisfy Texas Water Commission
Enforcement Order . Motion was made by Councilman Westerhof
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to adopt the new water and sewer rates as presented .
Seconded by Councilman Crane.
Councilman Crane made the following statement he has been
involved with this study and I have been to Austin and the
one thing I have found is under this order from TWC there is
nothing we can do but do the improvements. The type of
plant could be done for less money if we had the time, but
we do not have the time and we are out of options . I asked
a former council member how this happened . He said the
council was trying to protect the citizens and it looks like
we have hurt them.
Mayor Trimble called for a vote on the motion and second.
The vote was as follows: Mayor Trimble - 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 ADOPTING THE 87-88 BUDGET: Motion was
made by Councilman DiTota to approve and adopt the 87-88
budget as presented. Seconded by Councilman Westerhof . The
vote was as follows : Mayor Trimble - 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 four
(4) in favor and two (2) against .
APPROVAL OF ORDINANCE ADOPTING THE 1987 TAX RATE: The tax
rate of fifty-nine cents per one hundred dollars of
valuation has been recommended to Council . Motion was made
by Councilman Blakey to approve and adopt the 1987 tax rate
of fifty-nine cents . Seconded by Councilman DiTota .
Councilman DiTota made the following statement, I made a vow
to the citizens to help pull out all the skeletons and we
have inherited a lot of problems .
Mayor Trimble called for a vote on the motion and second.
The vote was as follows: Mayor Trimble - 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
four (4) in favor and two (2) against .
APPROVE AND ADOPT AN ORDINANCE ESTABLISHING CERTAIN TIME FOR
SCHOOL ZONES FOR THE CITY OF WYLIE: In checking with the
School District , it was suggested to use the following times
for school zones:
MIDDLE SCHOOL AND HIGH SCHOOL
7 : 30 A. M. - 8: 30 A. M.
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2 : 30 P. M. - 4 : 30 P. M.
ELEMENTARY SCHOOLS
7 : 30 A. M. - 8: 30 A. M.
11: 00 A. M. - 12 :30 P. M.
2 : 30 P. M. - 4 : 30 P. M.
Motion was made by Councilman Westerhof to approve the above
times for school zones times . Seconded by Councilman
DiTota. The vote was as follows: Mayor Trimble - 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 ADOPTING THE TAXATION OF
TELECOMMUNICATIONS SERVICES: Finance Director James Johnson
stated this ordinance authorizes a 1% sales tax on
telecommunications services within the City of Wylie.
Estimated revenues for this fiscal year , with the tax
effective date of January 1 , 1988 will be approximately
$2,000 .00 . Motion was made by Councilman Westerhof to
approve the ordinance adopting the taxation of
Telecommunications Services . Seconded by Councilman Crane .
The vote was as follows: Mayor Trimble - 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 ORDINANCE ESTABLISHING PERMITTED TIMES FOR
PLACING REFUSE IN RIGHT-OF-WAY FOR PICKUP: Councilman Akin
wanted to know if BFI assumed responsibility to build these
concrete pads. Finance Director James Johnson said Moore
Industrial had the clause in their contract to build these
pads , but BFI does not have the clause in their contract .
The property owner will have the responsibility. Councilman
DiTota said in the refuse ordinance it states five (5) hours
prior to pick up that you can set your trash out . Can this
be changed to the day before. Councilman Crane said
sometimes BFI does not pick up all the trash and staff has
said it would be difficult to enforce it. Councilman Crane
said we work hard to pass these Ordinances and then we see
they can' t be enforced or see select enforcement and I feel
we do not need any more unenforced ordinances . Councilman
DiTota said the purpose of this ordinance was if there was a --..
lot of complaints because of trash going out on Friday for
Monday pickup. Councilman Crane said he would support this
if he had input from Mr . Faires . City Manager John Pitstick
said Mr . Faires could enforce it , but not actively go out
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looking , but enforce it from complaints . Mr . Faires , Code
Enforcement Officer , said this ordinance came about because
a council member ask if other cities have this type of
ordinance. Plano and Richardson have this ordinance. Mr .
Faires said it would be a difficult ordinance to enforce.
We do not have the staff to just roam the City and look for
violators . I feel it can be enforced when necessary.
Councilman Crane wanted to know if Councilman DiTota would
be satisfied with the day before pickup being in the
ordinance. Councilman DiTota said yes , the concerns from
the citizens were for people who put their trash out several
days before pickup. Mayor Trimble wanted to know if Council
wanted this to be brought back for a vote . City Manager
John Pitstick said staff would talk to the person violating
the ordinance and then enforce penalty if they continued .
Mayor Trimble called for a ten minute break.
DISCUSSION OF ORDINANCE ESTABLISHING MINIMUM STANDARDS FOR
THE INSTALLATION OF BULK REFUSE RECEPTACLES: Mr . Faires
stated this ordinance was requested by Council and is before
you for discussion. The engineering staff has drawn the
diagram for these pads and has set the setbacks . Councilman
Crane said he disagrees with the setback and size of pad .
It looks like it could place a hardship on our businesses .
Mr. Faires said the trucks are 40 ' long. Crane said the pad
wasn' t the problem it was the setback. City Manager John
Pitstick said to make the pad long enough for the truck to
be off the street . Councilman Westerhof said some places do
not have any room at all . City Manager John Pitstick said
it can be set up for new construction . Mr . Faires said the
pad should be 10X20 . Mayor Trimble said this should be for
all new construction to comply with and existing just to
place the concrete pad. Councilman Crane said he still has
a problem with the 20 ' setback even in the new construction .
Mr . Faires said it is from the trucks being in the streets
and tearing up the asphalt . City Manager John Pitstick said
the pad has to be set in such a manner that the truck has to
be off the road .
DISCUSSION OF ORDINANCE ESTABLISHING MINIMUM REQUIREMENTS
FOR KEEPING AND/OR MAINTAINING ANIMALS WITHIN THE CITY
LIMITS OF WYLIE: Mr . Faires stated this has been discussed
over the last four (4) years . The City' s current ordinances
are not up to standard for today. This ordinance has come
from ordinances from Plano and Garland and Allen . The staff
has put these three ordinances together to make our
ordinance more modern. This is for discussion and for your
opinion and to check out the wording. Councilman DiTota
said in Section 18 A & B is this going to be a problem, I
know there are some people who do have chickens in their
back yards . Mr . Faires said this is what he was talking
about in the wording. Councilman Akin said has something
come up, this has been talked about several times .
328
Councilman DiTota wanted to know how you would enforce a
barking noise. Shouldn' t there be something about a number
of complaints prior to going out on call . Acting Public
Works Director Don White said he was trying to recover some
of his revenues with the repeat offenders. We charge $10 .00
when we pickup a dog. If we keep it five (5) days, then we
have been out $50 .00 and the owner says to keep ,xt . In this
ordinance we can file on the owners . The staff has talked
about the cat traps, having a deposit put on them or a
release signed to the customer that they are responsible for
the loss or damage to the traps. City Manager John Pitstick
said this is a good ordinance and the Animal Control Warden
is going to enforce it , but the Council will be the one to
get the complaints . Councilman Crane said he has a problem
with agricultural use in the City and telling the people
they can not keep animals . Mr . Faires said it could be
broken down to one (1) acre or more.
ADOPTION OF TEXAS MUNICIPAL RETIREMENT SYSTEM UPDATED
SERVICE CREDIT PLAN: City Manager John Pitstick said the
City has to approve, at the time of budget , the Updated
Service Credit. This allows an employee to get more
retirement at little cost to the City. Staff recommends
Plan 1. Motion was made by Councilman DiTota to approve the
Updated Service Credit Plan 1 . Seconded by Councilman
Crane. The vote was as follows: Mayor Trimble - 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 recessed the open meeting and convened Council
into executive session at 10 : 15 P .M. under the authority of
Article 6252-17 V.A.C.S. , Section 2 , paragraph "f" real
property to consider and authorize execution of settlement
agreement with East Fork Water Supply Corp and necessary
documents .
Mayor reconvened the open meeting at 10 :40 P. M.
AUTHORIZATION OF SETTLEMENT AGREEMENT WITH EAST FORK WATER
SUPPLY CORP AND NECESSARY DOCUMENTS: Motion was made by
Councilman DiTota to approve the settlement agreement with
East Fork Water Supply Corp and necessary documents .
Seconded by Councilman Westerhof . The vote was as follows :
Mayor Trimble - 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.
There being no other business , Mayor Trimble called for a
motion to adjourn. Motion was made to adjourn with all in
favor .
329
c
SEAL Chuck Trimble, Mayor
PG, I
ATTEST: 1111.1E, 10'��\``````
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