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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 468 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 . 469 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 . 470 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 . �"' 471 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. 472 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 473 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 474 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