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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 317 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 . 318 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. 319 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 320 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 . 321 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 322 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 323 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 324 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 325 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. 326 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 327 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'��\`````` Carolyn es, ecretary