04-26-1988 (City Council) Minutes 467
CITY COUNCIL MEETING
MINUTES
APRIL 26, 1988
The Wylie City Council met in regular session on Tuesday,
April 26 , 1988 at 7 :00 P.M. in the Council Chambers of the
Wylie Municipal Complex . 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 , Marvin
Blakey, John Akin, Kent Crane and Chris DiTota, City Manager
John Pitstick, City Secretary Carolyn Jones, Assist.
Engineer Ron Homeyer .
Mayor Trimble called the meeting to order and Mayor Pro Tem
Donovan gave the invocation.
Mayor Trimble recognized Mr . Bart Peddicord, and thanked him
for being coordinator for "Clean Up Wylie" week. Mr .
Peddicord came forward and thanked the Wylie First United
Methodist Youth group and Pat Zimmerman and Mary Warkentine
for coming and cleaning up that day and for the work that
Council did. Mr. Peddicord gave the Council an award for
being represented and helping with clean up. Mr . Peddicord
also thanked John Pitstick and Carolyn Jones for coming and
working on that day.
APPROVAL OF MINUTES: The minutes submitted were for the
April 12th meeting . Councilman Akin wanted the minutes
corrected to reflect his statement as follows : in Mr .
Delaney' s statement Councilman Akin said that the perimeter
street fees had been paid for the Thrisk Property and for
Southplace Subdivision and this money would go toward the
reconstruction of S. Ballard. Also that some of the
property along S. Ballard is outside the City limits and
there would be no reimbursement. Motion was made by
Councilman Crane to approve the April 12th minutes with the
correction Councilman Akin made. 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 AN ORDINANCE AMENDING ORDINANCE NO. 84-12 - FEE
ORDINANCE - ADJUSTING THE CHARGES FOR COPIES: This
amendment is presented in order to establish fees for copies
of open records for the public as set up by the State
Purchasing and Central Service Commission. Motion was made
by Councilman Westerhof to approve the amendment to
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Ordinance No. 84-12 - Fee Ordinance adjusting the charges
for copies. 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 PRELIMINARY PLAT FOR TWIN LAKES SUBDIVISION:
This property is commonly known as the Thrisk Property and
is located on S. Ballard adjacent to the Southside Fire
Station. Mr. Ron Homeyer, Assist. Engineer, said the
developer is going to dedicate land instead of paying the
park fees.
Councilman Akin wanted to know if Alanis is coming through
where the thoroughfare plans show it . Mr . Homeyer said yes.
City Manager John Pitstick said we are not completely happy
about the access to the park in the first phase, but in the
second phase this will be taken care of .
Mr. Tobin, representative for Thrisk Properties, said there
is not much market for Retail at this time, but we plan to
keep this area clean until such time the market picks up for
retail lots, then we will sell or build on it .
Councilman Akin wanted to know if Alanis lined up with the
existing street. Mr. Homeyer said yes .
Councilman Crane wanted to know if all the park land was in
the flood plain. Mr. Homeyer said 2 .7 acres are in the
flood plain. City Manager John Pitstick said the park will
be addressed more in the second phase.
Mr . Bart Peddicord, from Planning and Zoning, stated as it
stands now, it is walking area into the park.
Mr. Homeyer said there will be a lift station and staff will
not bring this back for final acceptance until the lift
station is in and working.
Councilman Blakey wanted to know if the 14" water line was
assessable to this development and I don' t believe the City
owns this line at this time. Also would the developer be
responsible for funding part of this 14" water line. Mayor
Trimble said the line did not belong to us yet. Councilman
Akin said it is where the line is plugged. Mayor Trimble
said we did not have the dedication on this line yet. City
Manager John Pitstick said we do not know exactly what is
going to happen. By accepting this 14" line we will be
waving or crediting some of the impact fees off that 14"
line. In this case since that 14" line is already in there,
they can die into it for off site water .
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Councilman Crane said he thought we had a pro rata
ordinance. Councilman Blakey said that was what he was
talking about. Councilman Crane said we have to cover the
expense of the credit on the impact fees , I agree with
Councilman Blakey that this should be looked into. City
Manager John Pitstick asked Mr. Homeyer if we applied this
in this case. Mr. Homeyer said if it is applied , it would
be on frontage basis and I guess we could apply it to
recover some of our cost. I would have to look into it.
City Manager John Pitstick said we would check into that
prior to bringing it back for final acceptance.
Councilman Crane wanted to know if we shouldn' t check into
this and give the developer an answer prior to approving the
plat . City Manager John Pitstick said the plans are okay
and we can check into this, if the line is dedicated to us ,
then we will go ahead and do the pro rata . Councilman Crane
said the next item on the agenda is to approve the
construction plans and I rather not until we can tell the
developer what our position is. City Manager John Pitstick
said to be honest, he did not know that this would apply to
that line. Councilman Crane said the intent of that
ordinance was to collect when we were out money for a line.
Mayor Trimble said that is what he has been talking about ,
that the City did not put the line in .
Councilman Blakey said he had no problem with this, he just
wanted the developer to be aware of it .
City Manager John Pitstick said if Council feels comfortable
with it, then you could on the final plat put a stipulation
on it that the intent of the Council is to apply the pro
rata if it is applicable in this case.
Councilman Crane said this is an old ordinance and has not
been enforced like it should have been, I feel we need to
check on it . City Manager John Pitstick said, first, we do
not have the line, it is there but not our .
Mr . Homeyer said he did not know of any written agreement
between the City of Wylie and Lake Ray Hubbard Mobile Home
Park for reimbursement or pro rata for the line.
Motion was made by Councilman Blakey to approve the
preliminary plat for Twin Lakes Subdivision. 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 .
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APPROVAL OF FINAL PLAT FOR CONSTRUCTION ONLY FOR TWIN LAKES
SUBDIVISION: This property is commonly known as Thrisk
Property and is located on S. Ballard adjacent to the
Southside Fire Station. Councilman Crane wanted to know if
we have the plans for the lift station and off site sewer
lines . Mr . Homeyer said we have plans for the sewer line,
but no plans for the lift station. This will not come back
for final acceptance until the lift station is in and
working .
Councilman Akin made a motion to approve the final plat for
construction only. Seconded by Councilman Westerhof . The
vote was as follows : Mayor Trimble - in favor, Mayor Pro
Tem Donovan - in favor , Councilman Akin - in favor ,
Councilman Westerhof - in favor, Councilman DiTota - in
favor , Councilman Crane - in favor, and Councilman Blakey -
in. This motion carried with all in favor.
APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF WYLIE AND
LIFELINE AMBULANCE: City Manager John Pitstick said this is
only a lease agreement for the 759 square feet of space
being used by Lifeline. The contract will remain the same
as before. They have to respond within eight (8) minutes to
any emergency in the City Limits. There was a long
discussion with all parties and it was decided to take the
dispatching out of the contract. When a call comes in on 9-
1-1 , the dispatched will be able to stay on the line until
the ambulance reaches the scene, but at the time dispatch
receives the call , the dispatcher will automatically hit the
button to transfer to Lifeline.
Councilman Crane wanted to know who pays for connecting this
switch for Lifeline. City Manager John Pitstick said it is
already in the 9-1-1 system. It was built into the system
from the first. Lifeline just has to provide their on
dispatcher.
Councilman Akin wanted to know what the change was from the
original contract . City Manager John Pitstick said there
was no change in the contract, they did not add the
dispatching service. Councilman Akin said are we not giving
them additional space. City Manager John Pitstick said no.
Motion was made by Mayor Pro Tem Donovan to approve the
lease agreement between the City of Wylie and Lifeline
Ambulance. 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 . �"'
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APPROVAL OF THE BOUNDARY AGREEMENT BETWEEN THE CITY OF WYLIE
AND THE CITY OF LUCAS: Motion was made by Mayor Pro Tem
Donovan to approve the boundary agreement between the City
of Wylie and the City of Lucas . Seconded by Councilman
Blakey.
Councilman Akin said that I hope that any of this land does
not cover some that has been swapped back and forth a
couple of three times, because State Law, the third time, it
has to go back to the original City. Mayor Trimble said
this has never gone back and forth. It is clearing up a
boundary line and mainly has to do with ETJ.
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 opened the meeting up
to any one wishing to address the Council . When you come
forward , please state your name and address for the record
and keep your comments to within two (2) minutes.
Mr . William Vick, 680 Jock Lane, stated he was out over the
week end and was approached by a citizens on First Street.
This citizen said there is a house that has 17 dogs living
there, and the people are using the house as a kennel and
selling the animals for a profit . Mayor Trimble asked Mr .
Vick if he has reported this to Animal Control . Mr . Vick
said he did and ask that Mrs. Lawrence call and make a
formal complaint with Animal Control also . She has done
this, but nothing has been done. Animal Control has given
the lady five days to take care of the problem. Also talked
to a another lady and she said that Mr . Faires said she
could not go outside the City for an electrician. City
Manager John Pitstick said he can live outside the City, but
has to be licensed with the City. Councilman DiTota said we
do have a reciprocal agreements with other cities now.
COUNCIL DISCUSSION: Mayor Pro Tem Donovan wanted to know if
some kind of letter could be sent to WSA about the trash
bins in the park. In our work session with them, it was
said that they would keep the trash picked up. Also the
signs are not up when the fields are closed because of rain.
Also the letter on the Zoning Board of Adjustments, we need
to look at this Board. City Manger John Pitstick said we
have had two scheduled meetings and no quorum. City Manager
John Pitstick he will say this in defense of the Board, they
do not meet on a regular basis. Councilman DiTota said it
was also noted that Mr . Gary Ludwig is moving and we will be
getting a letter of resignation from him.
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Councilman Akin said if his memory was right, the Ordinance �.
requires five members and five alternates, isn' t that right.
City Manager John Pitstick said he was not for sure. City
Secretary Carolyn Jones said five members and two
alternates. Councilman Akin said he was reading this from
the Zoning Ordinance, the Mayor appoints them and the
Council endorses them. Councilman Akin said in the past
what we have been doing is trying to take care of some
friends and we are getting people who are not reliable and I
think that is bad. We have to make sure these people want
to serve and will be available for meetings and forget about
friendships.
City Manager John Pitstick pointed out the letter to NTMWD
requesting a tap for Mr . Riches property. NTMWD will bring
this to their board this month.
City Manager John Pitstick said he listened to the tape on
the meeting with Shiloh Baptist Church. Mr . Homeyer went
out and did the engineering on this job, which was to be
done by us in order to help the church out . The meeting
ended with them saying they had a contractor to do the job
for $6 ,000 and the Council said to do it . Now there is no
one to do it for this amount of money and Shiloh is
requesting the City to pay the additional amount of $5 ,900 . -^%
This will come back to Council in May, but staff will not
recommend this.
Councilman Akin asked what the tape said. City Manager
John Pitstick said that the City would design the plans and
do all shop drawings and they were to go out and get bids.
If the bids come in high then they had the option to go to
septic system if they wanted to. Councilman Akin said what
he wanted to know is, did the Council make any commitment
from the Council table. City Manager John Pitstick said no
sir .
Councilman Crane said in discussing that with you today, you
reminded me that that was a work shop and no vote was taken,
I still believe that the City should participate with Shiloh
when the time comes.
City Manager John Pitstick said as soon as we know what our
bids are on the drainage and utilities are we will bring
this back and let Council reprioritize their list.
Mayor Pro Tem Donovan said she agrees with Councilman Crane
there might not have been a formal vote taken, but the
feeling that was left from this Council to those people was
that if you can get it for $6 ,000. , then go for it but if
you can' t then we would help due to the cost difference we
had given out . City Manager John Pitstick said the tape
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said if you can' t, then go to septic system and this was
said by two people on the Council .
Councilman Blakey wanted to know how much was taken in at
the Auction. City Manager John Pitstick said $18 ,000 .
Councilman DiTota said at the last meeting he brought up to
Mr . Faires directly about the weedy lots. As of this date,
we have not seen any letters that are going out, are there
letters going out . City Manager John Pitstick said there
were letters going out and he would see that Council got a
list of where the letters have been sent. Some of the
property owners live out of town and we are not getting any
response from them, but the one that live in town are
responding.
Councilman DiTota said if it is a property that is occupied ,
can we cut the grass and then put a lien against the
property. City Manager John Pitstick said we can, I do not
know if we have the forces to be able to do that .
Councilman Akin said I think you will find some bells and
whistles in the Zoning Ordinance, some guide lines that
tells you what to do on these situations.
Mayor Trimble said he has had several calls on some
property, but when they are under bankruptcy, it becomes a
little harder to work with in placing a lien on property.
Councilman Akin I mentioned about the Zoning Board of
Adjustments, Section 31 in the Zoning Ordinance tells you
about the Zoning Board, shall consist of five members and
four alternates each to be appointed by the Mayor and
confirmed by the Council , each to be appointed for two year
terms.
Councilman Akin also wanted to know if there was any
progress on the Railroad crossing at McCreary Road. Mr.
Homeyer said he has written to the Railroad , but has had no
response. Councilman Akin said this is to go through to
Parker Road and it is very important. Also what is the
status of Spring Creek Blvd. , east of the Cabinet Shop there
is a lot of surveyors out there and people are getting a
little nervous. I think someone from the County needs to let
these people know what is going on out there.
Councilman Akin also wanted to look at the addresses in
Point North, Gaston Street is very confusing with the way it
is numbered and with 9-1-1 System it needs to be checked
out .
Councilman Akin also said on the Private Club Ordinance, it
was taken before Planning and Zoning and this is a section
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for Special Use . Surely they are aware of the Ordinance
that we have that everything goes to a public hearing, I was
shocked when I read in the paper where someone was trying to
get a permit . City Manger John Pitstick said he was right ,
but the State has taken away most of the controls from the
City, use to be the Police Chief would be notified. The
only control we would have now is if they receive less than
75% of their gross sales from food, then we would have some
say in it . Staff will be bring some changes forward that
will put our ordinance back in order since the State has
made their changes. Councilman Akin said he would like to
have that, since he was a member of the group that went to
Austin and worked with the Commissioners to get things
changed.
Mayor Pro Tem Donovan said she has one questions in support
of what Carolyn said, I looked in the Charter and it states
five members and two alternates. Mayor Trimble said what
Councilman Akin was talking about is the old ordinance
before the charter was adopted . Councilman Akin said what
he was getting at is that we should go back to that so we
would have plenty of people on it . Mayor Trimble said might
be, but we would have to have a special charter amended
election.
City Secretary said there was an election school in McKinney ..,
on Thursday at 2 :00 P.M. for candidates and election judges
and clerks if anyone was interested in going .
There being no other business , a motion w e to adjourn
with all in favor .
oommmoN
a SEAL _ Chuck le, Mayor
IL � a
ATTEST :
aro y on , City Secretary