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06-14-1988 (City Council) Minutes 5 CITY COUNCIL MEETING MINUTES JUNE 14, 1988 The Wylie City Council met in regular session on Tuesday, June 14 , 1988 at 7 :00 P .M. in the Council Chambers of the 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 John Akin, Council Members Jim Swartz , Ortie Messenger , Bud Naish, Chris DiTota and Marvin Blakey, City Manager John Pitstick, City Secretary Carolyn Jones , Finance Director James Johnson, Assist. City Engineer Ron Homeyer , and Public Works Superintendent Don White. Mayor Trimble called the meeting to order and Mayor Pro Tem Akin gave the invocation . APPROVAL OF MINUTES: The minutes submitted were for the May 24th, May 26th, June 3rd and June 7th meetings. A motion was made by Mayor Pro Tem Akin to approve the minutes . Councilman Naish wanted to correct the minutes of May 24th meeting to reflect that part of the $2 ,000 . for the YMCA program is to purchase a TV And VCR. Also to reflect that First Southwest did not have an advantage over the other bidders when they submitted their bid for the bonds. That Mr . Mike Caton should be Mr. Jim Caton. This motion was seconded by Councilman Naish. There being no other corrections , Mayor Trimble called for the vote. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor , Councilman DiTota - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with all in favor . APPROVAL OF MAYOR PRO TEM: In the Council meeting of May 10th John Akin was election Mayor Pro Tem on a temporary basis until after the June 4th run off election. Motion was made by Councilman Naish to appoint John Akin as Mayor Pro Tem for the term of May, 1988 through May, 1989 . Seconded by Councilman Swartz. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman DiTota - against, Councilman Messenger - in favor, Councilman Blakey - against, and Councilman Naish - in favor . This motion carried with five (5) in favor, and two (2) against. APPROVAL OF DESIGNATION OF VOTING REPRESENTATIVE FOR 1988-89 FOR NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT: Mayor Pro Tem Akin stated it has been the policy in the past to appoint the Mayor as voting representative for North Central 6 Texas Council of Government. Motion was made by Mayor Pro ,..� Tem Akin to appoint Mayor Trimble as voting representative. Seconded by Councilman DiTota . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman DiTota - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF APPOINTMENTS TO VARIOUS BOARDS: There are four (4) appointments for Planning and Zoning Commission. Motion was made by Mayor Trimble to reappoint Bobby Skipwith. Seconded by Mayor Pro Tem Akin. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman DiTota - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor . Councilman Messenger stated that looking at the attendance sheets two of the people, which I do not know anything about , have missed a number of meetings. I think it is important to make all the meetings. Mayor Trimble asked if he would like to nominate someone. Motion was made by Councilman Messenger to appoint Thomas Pritzkau. Seconded by Councilman Naish. Mayor Pro Tem Akin said he agrees with Councilman Messenger , people should make their meetings. A motion was made by Mayor Pro Tem Akin to appoint Ron Jeffries . Seconded by Councilman Swartz . Mayor Trimble stated that these two would be voted on together and would replace Mr. R. P. Miller and Mr . Ben Scholz. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor , Councilman DiTota - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor . There are four appointments needed for the Parks and Recreation Board. Councilman Naish said there are two people who have missed half of the meetings. Motion was made by Councilman DiTota to appoint Mrs. Jill Tomek. A motion was also made by Mayor Trimble to appoint Jim Ferguson. Both motions were seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor, Councilman DiTota - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor , and Councilman Naish - in favor . These motions carried with all in favor . There are five appointments to Zoning Board of Adjustments. There was discussion on the following Gerald Clark, Mike Miller, Gene Tucker , Cleo Admas and Art Harris. A motion was made by Councilman Naish to appoint the above five people, with Mr . Clark taking the unexpired term of Mr . 7 Ludwig. Seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor , Councilman DiTota - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor , and Councilman Naish - in favor . This motion carried with all in favor . There are three appointments for the Library Board. A motion was made by Councilman DiTota to reappoint Mrs . Betty Stephens, Mrs . Rita Smith and Mrs . Mary Jo Smith. Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor , Councilman DiTota - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor , and Councilman Naish - in favor. This motion carried with all in favor . There are five appointments to the Construction Trade Board. A motion was made by Mayor Pro Tem Akin to appoint Frank Spingola, John Seeley and Kevin St. John. Seconded by Councilman Swartz. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor , Councilman DiTota - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor , and Councilman Naish - in favor . This motion carried with all in favor . APPROVAL OF AN ORDINANCE REPEALING THE PRIVATE CLUB ORDINANCES NO. 87-1 : City Manager John Pitstick stated this is brought back to Council, has been approved by the City Attorney and our current private club ordinance is in conflict with State Law. Motion was made by Councilman DiTota to approve the Ordinance repealing the Private Club Ordinance NO. 87-1 . Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor, Councilman DiTota - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor . APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 85-23A ADDING TO SECTION 32 , A NEW DEFINITION FOR PRIVATE CLUBS: City Manager John Pitstick said this does allow us to regulate private clubs that do not make more than 75% of their income from food. Motion was made by Mayor Pro Tem Akin to approve the amendment to Ordinance No . 85-23A adding a to Section 32 , a new definition for private clubs . Seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor , Councilman DiTota - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor and Councilman Naish - in favor . This motion carried with all in favor . 8 APPROVAL OF A RESOLUTION FOR OUTLINE OF LEGISLATIVE STRATEGY -., FOR CLEAN AIR ACT: City Manager John Pitstick stated this was requested by Air Quality Advisory Committee of North Central Texas Council of Governments, they have been working on Clean Air Standards without shutting down industries. Staff recommends approval . Councilman DiTota wanted to know if this would apply to any of the industries in Wylie. City Manager John Pitstick said it really would not affect Wylie it is more for Dallas and Tarrant Counties, but as a part of the Metroplex, Staff is bring it forward. Motion was made by Mayor Pro Tem Akin to approve the Resolution for Outline of Legislative Strategy for Clean Air Act. Seconded by Councilman Naish. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor , Councilman DiTota - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor . APPROVAL OF AMENDMENT TO CONTRACT WITH BFI : City Manager John Pitstick said this contract is to update the base rate year to 1988 and to clean up the factor of 2 .66% on this increase so as not to allow its use in the future. Councilman Messenger wanted to know if BFI is taking care of the pickups . Finance Director James Johnson said we are having some problems. I have written today, a letter to BFI , a copy of which is in your boxes, stating that BFI will have to correct their May billing that the new rates are not effective until June 1st and also stated some problems with pickups . Councilman Messenger said he had a call from a citizen, he had put a spreader out and BFI left it because it was to heavy. Mr. Johnson said there is a clause in the contract about anything over 60 pounds will be left. Councilman Messenger said a spreader does not weigh that much. Councilman Swartz said a neighbor has had two tires left several times now. Mr. Johnson said tires are a special thing and has to be weighted down and some land fills do not accept tires. Councilman DiTota wanted to know what citizens do with old tires. Mr . Johnson said they have to call for special pick up in order to get it done right . Mayor Pro Tem Akin said Sachse is having a lot of problems with BFI , there is an article in their paper . Councilman Naish stated that staff needed to get some information out to the citizens about what they will and will not pick up. Councilman DiTota said staff needs to talk with BFI and have them send the letters direct. Motion was made by Mayor Pro Tem Akin to approve the amendment to the contract with BFI . Seconded by Councilman Swartz. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor, Councilman DiTota - in favor, Councilman Messenger - in 9 favor , Councilman Blakey - in favor , and Councilman Naish - in favor . This motion carried with all in favor. APPROVAL OF 1987-88 AUDIT ENGAGEMENT PROPOSAL BY DOLL, KARAHAL AND COMPANY : City Manager John Pitstick said this is brought forward as staff is required to have an outside audit firm audit our records. Staff recommends approval this year , but next year to go out for bids. Mayor Pro Tem Akin said they have been here some time , we did have an agreement for them to come in quarterly are they still doing this . Finance Director James Johnson said yes, they are due to come in another week. Mayor Trimble said speaking from a professional point of view, they have done a very good job in my opinion. The City has gotten more senior level staff from this firm then we would get from a larger firm. Motion was made by Mayor Trimble to approve the 1987-88 Audit Engagement Proposal by Doll, Karahal and Company. Seconded by Councilman DiTota. Mayor Pro Tem Akin said that maybe Council should look at this next year . Councilman Naish stated their cost is approximately $16 ,000 . , maybe before we vote we should get some cost estimates from other firms . Mayor Trimble said it would cost around $16 ,000 from anyone. Mayor Trimble said it was a substantial amount of work considering the system that we have in place. It is a complicated set of problems we have to deal with. City Manager John Pitstick said it would be about that same cost for another firm to do the job. Councilman Naish said he has nothing pro or con with this Company, as a normal deal it is good to shop around. Once you ask for estimates the cost usually drops. Mayor Tribmle said it is basically unethical to shop around for professional services . Councilman Naish said you can ask for estimates. City Manager John Pitstick said this is professional services and you need to go out for a full blown proposals if you want to change. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor, Councilman DiTota - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor . DISCUSSION ON THE PROPOSAL OF LEASING THE OLD POLICE STATION TO LIFELINE AMBULANCE: City Manager John Pitstick said that Mr. Adam Weems and Mr. Wallace Crocker were here to discuss this with Council . Mr . Weems, Manager of Lifeline, stated they were having some financial problems and are looking for another place. We have had the old police station looked at 10 and it will cost approximately $12 ,000 .00 to fix up. Mr . Crocker is interested in renting this building as it was in the old leasing contract . At present the quarters we are leasing from the City are very nice, except we do work co-ed teams and these people are having to use the same room for sleeping quarters . Mayor Pro Tem Akin wanted to know if this current contract was the same as the old one. City Manager John Pitstick said no, the old contract was for $1 .00 per year because the building has to have a lot of work done on it . Council needs to remember there is a well that has to be capped and a water tower on this property. Councilman Swartz wanted to know if there was fire equipment there now. City Manager John Pitstick said staff was trying to leave a truck in the first bay and also in the lease agreement with the Railroad that this building would be used for public safety only. Councilman Swartz said we do need to have the fire protection in the downtown area. Mr . Weems said he would have no problem with the fire department keeping a truck there and would also like to train the firemen so they would know where everything is in our ambulance and they would be more help in case they were needed. Mayor Pro Tem Akin wanted to know the dollar amount in the municipal complex versus the dollar amount downtown. City Manager John Pitstick said $645 .00 a month in the municipal complex and $1 .00 per year in the old building . Mayor Pro Tem Akin wanted to know what areas Lifeline served . Mr . Weems said Wylie was the only City we have a contract with. Today I signed a contract with Collin County and we will be getting funds from them. Councilman Blakey wanted to know in long term, what do you mean. Mr . Weems said one year Mr. Weems said he sent nine (9) letters to surrounding cities, telling them if they want service, they must pay for it, if they do not want to pay then we do not make runs into their city. As long as we have a contract with Wylie, we are going to take care of Wylie. Mayor Pro Tem Akin said if the City of Sachse called and needed both units, then Wylie would not have a unit right. Mr . Weems said no, Sachse would not get both of them. City Manager John Pitstick said what you are asking for is to clean up and use the old building. Councilman Messenger asked what are you asking to lease for $1 .00 per year and are you going to keep a fire truck there. How much did we spend in completing their quarters in the municipal complex . City Manager John Pitstick said nothing. Councilman DiTota said on the next contract that comes up isn' t there a clause that the City will have to give to Life Line the equivalent to what we gave this time which was two ambulances . City Manager John Pitstick said the first year was giving ambulances, one at 6 months and the second to be 11 signed over at the end of one year . Councilman Naish said no more than $50 ,000 .00 . Councilman Messenger said we should be able to work together, but the City cannot give everything. Councilman Naish said he was opposed to a five (5 ) year agreement. City Manager John Pitstick said six (6) months to one year lease, their lease is up in December. Mayor Pro Tem Akin said the fire truck has to stay in one of the bays. Councilman Swartz said there has to be some parking for the downtown area. Mr . Weems said he is in the office everyday and would invite anyone to come by and look at our set up and equipment . Mayor Trimble called for a ten (10) minute recess. APPROVAL OF AUTHORIZATION FOR CITY MANAGER TO SIGN TEMPORARY LEASE AGREEMENT WITH THE U . S. GOVERNMENT FOR THE BUREAU OF THE CENSUS: This would be for a short period of time, from June, 1988 through October, 1988 . City Manager John Pitstick said we do not use these rooms and we wanted to work with them. Mayor Pro Tem Akin said who is responsible for the utilities . City Manager John Pitstick said they have to have their on cleaning and telephone, but we will furnish the utilities. City Secretary Carolyn Jones stated that several years back, the City of Wylie was the home base for the 1990 Census for Collin County. We met with other cities and worked out their maps and corrections for the bureau. City Manger John Pitstick said this area is directly across from the Council Chambers and is not on its on air condition system. The system for this area covers a larger area and most of the area would not be used. Mayor Trimble wanted to know if the vents could be cut off and let them use this area. Motion was made by Councilman DiTota to table this item until later . Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor , Councilman DiTota - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor , and Councilman Naish - in favor . This motion carried with all in favor to table. DISCUSSION ON THE FINAL ACCEPTANCE OF LAKE RAY HUBBARD MOBILE HOME PARK: City Manager John Pitstick said this is a discussion item on Lake Ray Hubbard Mobile Home Park. The sewer line and force main are in and the water is in except for the final tie in to East Fork Water Supply. Mr. Finholt has to pay the fees before East Fork will set the master meter and do the final tie in. Also delinquent taxes are due on this property. Staff will recommend granting credit of impact fees for the first 35 mobile homes against this water line that Mr . Finholt has put in. Mr . Finholt would 12 have to pay impact fees for the remaining units. Staff will .... recommend final acceptance with the stipulation that the City receive a letter from East Fork stating this property has water , all delinquent taxes are paid. Mayor Pro Tem Akin wanted to know if East Fork has sufficient water supply to serve them. East Fork has had problems in the past supplying water to their customers. Mayor Pro Tem Akin wanted to know if the line on our property would be plugged. Mayor Trimble said it was already plugged . Councilman DiTota wanted to know if the City would be released from liabilities in case of fire, if East Fork cannot give enough water supply. Finance Director James Johnson said yes, the Mobile Home Ordinance requires a certain amount of fire plugs in the park and you cannot determine if there is enough water until it has been turned on. Mayor Trimble said one thing that came up was the question of whether we could impose our plumbing codes on them. Mayor Pro Tem Akin said there was a hand shake agreement that East Fork Water Supply would bring up their system to our standards. Councilman DiTota wanted to know if it would be possible to �^* get some sort of release from the mobile home park from liability from loss due to fire. Mayor Trimble said if we do not have the water system in our control then it is out of our hands. Councilman Naish said the developer has met all requirements except what has been listed , does that include that they will have fire stations ready. Do they have the fire plugs in. Mayor Trimble said the plugs are in but whether they have water to supply them we do not know. Mayor Pro Tem Akin said that is what bothers him, in the past we have gone out on fire calls in East Fork area and pulled lines out of the ground because there wasn' t enough water supply. Mr . Stan Knight , Attorney for Mr . Finholt, said the city has no liability because we are under East Fork. East Fork has said there is a new booster station and there is enough water . Councilman DiTota wanted to know why the water lines were built they way there are. Mr. Knight said we built in accordance with your Ordinance. There being no other questions or comments, Mayor Trimble closed the discussion of the final acceptance of Lake Ray Hubbard Mobile HOme Park. APPROVAL OF FINAL ACCEPTANCE OF LAKE RAY HUBBARD MOBILE HOME PARK: Motion was made by Mayor Pro Tem Akin to approve the 13 acceptance of the Lake Ray Hubbard Mobile Home Park with the following stipulation: 1. Lift Station Fees be paid as Mobile Homes are moved in 2 . Credit will be given from Lift Station District Fees and Sewer Impact Fees for the first 35 mobile home lots ($40 ,250 . ) 3 . East Fork Water Supply install the master meter 4 . Dedication instruments for the off-site water line and force main be submitted 5 . Final plat will need to have all of the utility easements removed along with the language which dedicates the interior water and sewer lines 6 . Pay all delinquent taxes Seconded by Councilman Naish. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor, Councilman DiTota - against, Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with six (6) in favor, and one (1) against . CITIZEN PARTICIPATION: Glenda Lott 2501 S. Hwy. 78, regarding the annexation of Buddy Minyard, it is public record that he won his case and the City of Wylie chose to fight it and it cost more than $15,000 . and you have to pay his lawyer $12,000 .00 . The court ordered the annexation not the City and I am angry because we do not have service on Hwy. 78 and yet the City of Wylie put this money out. You are going to loose again if something is not done. City Manager John Pitstick said the case is not over they jury has ruled but the Judge has not issued final judgment. Reta Allen 320 Hilltop, representing the Wylie Cemetery Board, water has been diverted onto the Cemetery side of the street and is washing out the ditch. There was no council action for the curb to be put in and I feel this curb should be taken out . Everyone that lives there has fixed their homes with better drainage except one person. We would like for this curb to be taken out and the water diverted back to the natural drainage. Mayor Pro Tem Akin said the records will reflect this is a flood plain area and the developer was to post signs for flood plain area and the minutes will reflect this . We do have some grave sites about a foot from the fence. I do not know why we have not taken the curb out, there was no action for the curb to be put in so why have action to take it out . 14 Cecelia Wood 515 Woodhollow, I have been following the prior --• Council and this Council on the Street program. I think it is a good thing. Recently a portion of Butler street has been repaved . I was there today and I have two bags, one is dirt from the middle of the street and the other is rock from the road. I would ask that you look at this street and be sure it is going to hold up. If this is the kind of street in the reconstruction program, property owners need to know. City Manager John Pitstick said this street is not a reconstructed street, but the bomag was used and then a two course penetration. Some rock was a little dusty and it takes some time for it to settle. Cecelia Wood said it is improved but not what the street program said. Ron Jeffries 114 S. Rustic Trails, thanked the Council for his appointment to the Planning and Zoning Commission. COUNCIL DISCUSSION: Councilman Blakey wanted a break down in the air condition system for area space for lease. City Manager John Pitstick said lease with the Chamber and Lifeline and directly across from these rooms to JP court . When you get into the area across from the Chambers, we are getting into a very large area. Councilman Messenger said in the Times Herald, Fox and ,""ta Jacobs advertised that they were coming to Wylie soon, maybe developers will start soon also. Traffic light at Brown & Highway 78 , what is the status. City Manager John Pitstick said staff is working on it, we are waiting on the State and the Railroad. Councilman Messenger said I think we should look into putting in a community swimming pool . I have talked to some kids, it would be an ideal place in our Park. I think the people would appreciate it . Mayor Trimble said a pool is a quality of life issue and we are wanting people to move here. I would be in support of this. Councilman Naish said look at fund raisers for this . Mayor Pro Tem Akin said this has been looked at before and the liability is very high. Councilman Messenger said call other cities and see how they are doing it and maybe doing fund raiser or borrowing from the Bank and asking citizens for donations. Mayor Trimble said to try and get cooperation from WISD on getting this pool and swimming program. -•�. Councilman DiTota said the Collin County 1988 Bond Program is coming up soon for vote. Wylie can benefit from the • 15 roads and open space . City Manager John Pitstick those are the two issues Wylie can benefit from. Mayor Trimble said in looking at the County Open Space Map, Wylie has more open space than anyone else in the County. City Manger John Pitstick said we can ask the Open Space Director to come and talk with us. Mayor Pro Tem Akin said that three (3 ) years ago when this was started, Wylie had more open space than anyone else. Councilman DiTota wanted to know the status on McDonald' s. Mayor Trimble said it is getting close to the closure on the property with Switzer. Councilman Swartz said in the area of Point North and Rustic oaks is there any Park area planned. Mr. Johnson said not in that area but down in the Birmingham Land there is a large park area. Councilman Swartz said that one of his neighbors was harassed by our Police Department, is this how we want our police department to work with the citizens . Mayor Pro Tem Akin wanted to know the number of telephones in the city equipment, I am still waiting on an answer . City Manager John Pitstick said staff is working on this . Mayor Pro Tem Akin said he has had complaints about grease odors around a restaurant . City Manager John Pitstick said this is a health hazard and it will be checked out . Mayor Pro Tem Akin said that after hours there is a lot of activity going on around this place of business. Councilman Naish wanted to know the status of the drainage problem in Point North. Mr . White said this job should be completed this next week. Mayor Trimble recessed the open meeting and convened Council into Executive Session at 9 : 30 P .M. under the Authority of 6252-17 V.A.C.S. Section 2 , paragraph "g" Personnel Matters and paragraph "e" Consultation with Attorney on litigation of Delinquent Taxes and other pending litigations . Mayor Trimble reconvened the open meeting at 11 :45 P .M. , there being no other matters of business, a motion was made to adjourn with all in favor . Ott,ttm � 40 j- '� Ch uc ATTEST : SEAL = /0 j.4) Caroly nes ity Secretary M , ���