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01-10-1989 (City Council) Minutes 238 CITY COUNCIL MEETING MINUTES JANUARY 10, 1989 The City of Wylie City Council met in regular session on Tuesday, January 10 , 1989 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, Marvin Blakey and Tom Pritzkau, City Secretary Carolyn Jones , Finance Director James Johnson, Assist. Engineer Ron Homeyer, Public Works Superintendent Don White, Code Enforcement Officer Roy Faires, and City Attorney Rob Dillard. Mayor Trimble called the meeting to order and Councilman Swartz gave the invocation. APPROVAL OF THE COUNCIL MINUTES FOR SEPTEMBER 15TH, 22ND, 26TH, AND 27TH AND OCTOBER 11TH, 20TH, AND 25TH, AND NOVEMBER 9TH, 22ND AND 28TH AND DECEMBER 3RD AND 6TH, 1988 �. MEETINGS: There being no additions or corrections to these minutes, a motion was made by Mayor Pro Tem Akin to approve as submitted. Seconded by Councilman Pritzkau. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor . ACCEPTANCE OF RESIGNATION OF JUDY LIPPE FROM LIBRARY BOARD: Mrs. Lippe has resigned from the Library Board, her term will expire in July, 1989 . Motion was made by Mayor Pro Tem Akin to accept the resignation of Judy Lippe from the Library Board. Seconded by Councilman Messenger. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPOINTMENT OF NEW MEMBER TO THE LIBRARY BOARD TO COMPLETE THE TERM OF JUDY LIPPE: Motion was made by Councilman Naish to appoint Valerie Wiggins to the Library Board, whose term will expire in July, 1989 . Seconded by Councilman Messenger. Motion was made by Mayor Pro Tem Akin to appoint Shirley Burnett to the Library Board . 239 Mayor Trimble called for a vote on the motion to appoint Valerie Wiggins . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - against, Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with six in favor and one against. Mayor Pro Tem Akin' s motion did not receive a seconded , there was no vote on this . CONSENT AGENDA: SLOPE EASEMENT - SANDEN BLVD. , R-O-W- DEDICATION SANDEN BLVD. , PARK DEDICATION, TEMPORARY SIDEWALK EASEMENT ON W. A. ALLEN BLVD. , PERMANENT UTILITY EASEMENT KREYMER, AND CENTURY BUSINESS PARK LIFT STATION EASEMENTS (3) : Councilman Naish stated that Sanden, Inc. has said they would dedicate all R-O-W for Sanden Blvd. , now we have R-O-W from Jack Harvard and Jerry Hoagland. Do we have enough R-O-W to make this turn that is showing on the plans. Mayor Trimble said there was no set place for the road. The problem was where was the best way to cross the railroad . Mr. Homeyer stated if you try to intersect with the highway any other place than here, there is a high grade and a greater cost for putting in the road. Mr . Homeyer also stated that the R-O-W is for six lanes. Motion was made by Mayor Pro Tem Akin to approve the consent agenda. Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - 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 ESTABLISHING REGULATIONS FOR THE USE AND OPERATION OF ALARM SYSTEMS THROUGH OUR POLICE DEPARTMENT: Mayor Pro Tem Akin stated on false alarms, it cost approximately $35 .00 for each call . Mr . Faires said this Ordinance was brought forward several months ago, it follows the same Ordinance Plano and Mesquite and several other cities have. It has helped in correcting false alarms. Councilman Pritzkau wanted to know how many places have more than three (3) false alarms . Mayor Trimble said when one malfunctions once, it will do it several times, and the City of Plano charges $50 .00 each time. Councilman Pritzkau said $20 .00 was to high for home owners . Mr . Fairs said the $20 .00 was to take care of the space and electric bill and maintenance on the system in the police department. It is not for home owners, they do not have to pay. 240 Councilman Pritzkau said we could require that home owners — have to register with the police department. After some discussion, Council requested more study and more information be brought forward prior to taking action on this time. APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 87-57 ANIMAL CONTROL ORDINANCE: This amendment is making changes in Section 2 in definition and additions to Sections 7 , 13 , 14, 16, 20 and 24 . Mr . Faires stated that some time back, Mayor Trimble had approached me about an ordinance for pit bull dogs . With the help of the City Secretary, I received copies of ordinances that have been tested by the court system and are enforceable for pit bulls . Animal Control Officer feels with all the complaints we receive that this portion on pit bulls is necessary. Councilman Pritzkau said why the mug shot of the dogs, most of these type dogs look alike. Is the photo shot necessary. Mr . Faires said it was in the ordinances that have already been tested by the court system. Councilman Pritzkau said his only concern about this is the other breed of dogs. What if another breed bites or kills a person. Mr . Faires said the main ordinance takes care of vicious dogs, and this is just for pit bulls. ,. Motion was made by Councilman Messenger to approve the amendment to Ordinance No. 87-57 as written . Seconded by Councilman Pritzkau. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - 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 DESIGNATING AN ADDITIONAL POLLING PLACE FOR THAT PORTION OF THE CITY LOCATED WITHIN ELECTION PRECINCT NO. 25 OF COLLIN COUNTY : The additional polling place being requested is at Southfork Mobile Home Park in the Clubhouse, and is a place that is accessible to and usable by the elderly and physically handicapped . Mayor Pro Tem Akin said it was a concern of the Civil Rights Department of Justice to make sure everyone has the right to vote and a place to vote. Councilman Blakey wanted to how many people voted there this past election. It was noted that there has been between 40 and 65 voting on different elections. City Secretary Carolyn Jones said it has been a small number voting because some of the residents do not have a way into the polling --� place. Councilman Blakey said it was a credible point to make it convenient for them to vote but I am concerned that it could be an adverse circumstance or could encourage a 241 political condition for our City. I am in favor for it but I am concerned to that it only covers City elections and not all elections. City Secretary Carolyn Jones, said the State and Federal elections are conducted at Murphy for this precinct . Motion was made by Mayor Pro Tem Akin to approve the Ordinance requesting the additional polling place for City elections. Seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor . PUBLIC HEARING ON AN AMENDMENT TO THE ZONING ORDINANCE NO. 85-23A, SECTION 17 : The amendment to the Zoning Ordinance is adding under Specific Use Section, item 9 - outside sales of feed and seed in conjunction with a feed and seed store. Mayor Trimble opened the public hearing . Mr . Faires said section 17 pertains to Business - 1 with no outside sales. This amendment is to allow outside sales. Planning and Zoning Commission recommends approval of this amendment . There being no comments or questions, Mayor Trimble closed the public hearing. APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE NO. 85-23A, SECTION 17 : The amendment is adding under Specific Use Section, item 9 - outside sales of feed and seed in conjunction with a feed and seed store. Motion was made by Councilman Swartz to approve the amendment to the Zoning Ordinance No. 85-24 . 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 Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor. APPROVAL OF EXTENDED LIBRARY HOURS BY ADDING SATURDAY FROM 11:00 A. M. TO 5: 00 P . M. : Mayor Pro Tem Akin said it cost approximately $69.00 to keep the Library open on Saturdays. A citizens may want to donate this amount for the extra hours . Motion was made by Mayor Pro Tem Akin to approve the extended hours of the Library by adding Saturday from 11:00 A. M. to 5 : 00 P. M. Seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish in favor . This motion carried with all in favor . 242 PRESENTATION BY DEBBIE PEOPLES CONCERNING PERSONNEL MATTERS: Mrs . Peoples called this afternoon and requested this item be pulled from the agenda. PRESENTATION BY ROSANNE BURGESS, LIBRARIAN: Mrs . Burgess thanked the City Council for the Saturday hours, and stated she wanted the library to be open when the citizens wanted to come. We have a new sign in front in big black letters that says "LIBRARY" . I have had several people say they did not know where the Library was. Mrs . Burgess said she has talked with the school librarian and we are going to work together in ordering , so as not to order the same type of material . It is important to work toward a net work system. With a new work system, we can contact any library that is set up on net work and get a copy of a news article, or reports that students might need prior to them driving from Wylie to another area. The Community College is set up on net work as well as several other libraries in the area. We are receiving a small increase from Collin County, a little over $200 .00 more. You will see a lot of the Library in the local paper . We are on the front page this week and I plan to have something in the paper often. Friends of the Library have given us a computer, and we hope update our catalog system by putting it on the computer, this will tell what books are checked out and how many were checked out by each member . Mrs . Burgess said the attitude at the Library is to serve our community. I would also like to request moving the board meeting night to the first or third Tuesday instead of the second Monday of each month. Mrs. Burgess also invited the Council to attend the January 29th Thank You reception at the Library from 2 :00 P.M. to 4 :00 P.M. , this is to thank everyone for their support this past year . PRESENTATION BY ED SNEAD TO AMEND ORDINANCE NO. 87-13 - SMOKING IN CITY HALL: Mr . Snead asked Council to consider amending the No Smoking Ordinance for City Hall to designate the dispatch area as a smoking area. Three of our dispatchers smoke and they cannot leave the office for breaks , without pulling an officer off the street to relieve them. The dispatch area is restricted and other employees would not be allowed to come in just to smoke. The City of Sachse has the same ordinance, but they allow smoking in the dispatch area. Mayor Pro Tem Akin said he was understanding about this. 243 PRESENTATION BY MR. RON HOMEYER ON THE CITY OF WYLIE ' S WASTEWATER COLLECTION SYSTEM IMPROVEMENTS: Mr . Homeyer said some of the Council and himself went to Austin to meet with the Texas Water Commission. We left the meeting knowing that we had a very short time to turn around and submit a construct plan for these improvements. One of the suggestions from TWC was to lease small package plants for use in Newport Harbor and Presidential Estates . As of this date, we have not been able to locate a company that would lease these plants . We have found several companies that will sell the plants to us but so far none that would lease them. If purchased, using a 20 year loan these plants would be more expensive than going with the construct of the pipeline for the force main. Councilman Messenger said that the people in Austin brought up the portable systems, do you think they could help us locate them. Mr. Homeyer said they told us in Austin it was the City of San Antonio. I have talked with the people in San Antonio and they have purchased theirs, not leased them. Mayor Trimble said that leasing was more expensive than purchasing . Mr . Dolan McKnight, of North Texas Municipal Water District , said that where San Antonio has an advantage over Wylie is they can move their plants, they have been doing this for ten years . They also service areas outside the City Limits. San Antonio has a city crew that actually does the installation of these plants. Mr . Homeyer said permit for the package plant is approximately $10,000 . This would be an additional cost of $20 ,000 . for the two package plants. Mr . Homeyer also stated the plans for the Southfork Mobile Home Park Lift Station have changed and we need to put in a new force main. Councilman Messenger wanted to know if we have had any participation in this yet. Mr . Homeyer said not yet, but we still have time to work on it. APPROVAL FOR STAFF TO PREPARE RESOLUTION TO TEXAS WATER COMMISSION FOR PLANS FOR WASTEWATER COLLECTION SYSTEM IMPROVEMENTS: Motion was made by Mayor Pro Tem Akin to give staff approval to prepare the Resolution to Texas Water Commission for plans for Wastewter Collection System Improvements. Seconded by Councilman Pritzkau. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor. 244 PRESENTATION BY ED SNEAD RECOMMENDING A BUDGET ADJUSTMENT FOR PAY INCREASES AND ONE ADDITIONAL PATROL OFFICER: Mr . Snead said this has been discussed earlier at a Council meeting when the one patrol car was purchased. The staff wants to make a budget adjustment to move the money from the second patrol car into salaries. Our City is under what most cities start their patrol officers at. Staff has reviewed the budget and feel we can make the following moves in order to have enough money in salaries for these adjustments: Capital Outlay - #200-201-04710 Communication Equipment $ 2 ,000 . #200-202-04540 Automobiles $14 ,400 . #200-202-04710 Communications Equipment $ 6 ,200 . #200-202-04950 Special Purpose Equipment $ 3 ,500 . TOTAL $26,100. We have also just hired a secretary/records clerk in January and this leave approximately $3,483 . in the budget for the first part of the fiscal year that was no one in this position. This would bring the total for the budget amendment to $29 ,583 .00. The total needed for the raises and additional officer is $29,625 .59 . Councilman Naish said if you have another officer can you move to the 4 -10 or 8 hour shift . Mr . Snead said the officers like the 12 hours shift and there would be a time when only one officer would be on duty. Mayor Pro Tem Akin asked if the police department endorsed the 12 hour shifts. Mayor Pro Tem Akin also said he appreciated the officers and the work they are doing , it bothers me that the pay scale is so low. APPROVAL OF BUDGET ADJUSTMENT FOR PAY INCREASES AND ONE ADDITIONAL PATROL OFFICER: Motion was made by Mayor Pro Tem Akin to approve the budget adjustment that would raise the pay scale for the police officers and add one additional officer. Seconded by Councilman Naish. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with all in favor . 245 CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing to speak to come forward at this time and state their name and address for record. Mayor Trimble also requested that their comments be limited to two minutes. Mr. Nicholas Sowards of 1301 East Brown stated that there had been a lot of concern about not having a signal light at Brown and Highway 78 . I wanted to thank the Council for the light at this intersection. Mayor Trimble said the City did not put the light in, but the City staff did work with the State on getting the signal light put in. COUNCIL DISCUSSION: Councilman Naish wanted to know where we were on Highway 78 and turn lanes. The City needs to take a stand on this . The right turn lanes are needed as well as the speed limits checked . Mr . Homeyer said the State is working on the turn lanes at FM 544 and Highway 78 . The City will prepare the additional base and the State will do the rest of the work. As far as the speed limits, the State was just here and checked out the portion of Highway 78 in front of City Hall , and do not recommend lowering the speed limit. Councilman Pritzkau wanted to know if there was a response on claims made on Kreymer Easements . Mr. Homeyer said there has been no other contact as they feel this is not their responsibility. Councilman Pritzkau wanted to know if the test in Twin Lakes were okay as they did not take a 28 day test but a 60 day test. Mr . Homeyer said when they run the 60 day test there is a correcting factor used to take it back to the 28 days. The contractor has done some replacing as some of the test did not check out, staff requested coring and replacement of some of the concrete. Councilman Swartz wanted to know if the load limit signs have come in. Mr . Homeyer said I had a call from the Highway Department and we should have some signs up soon. Councilman Swartz thanked Mayor Pro Tem Akin for spending every morning on Birmingham Street. There have been a lot of problems and he has taken care of them. Mayor Akin stated that there has been 299 calls for public works this month. They are out doing their jobs. Today there was a demonstration on the boring equipment, they bored 250 feet in 10 minutes . This equipment will save us from cutting our streets. Mayor Trimble thanked Mayor Pro Tem Akin for what he was doing. 246 Mayor Trimble recessed the open meeting and convened Council into Executive Session at 8 :30 P.M. under the authority of Article 6252-17 V.A.C.S. Section 2 paragraph "g" Personnel Matters - contract with Lifeline Ambulance Service. Mayor Trimble reconvened the open meeting at 9 : 50 P.M. and asked if there was a motion from executive session. Mayor Pro Tem Akin made a motion that due to the contract with Lifeline having a 90 days clause for termination, the City will continue with Lifeline, but would begin to set specs and seek bids on this service, and also to begin making the subsidy payments to Lifeline in the amount of $3,333 .33 with each payment after this month being made by the 10th day of each month. Seconded by Councilman Pritzkau. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with all in favor. There being no other business for discus on, motion was made to adjourn with all in favor . - tip\ *cif, huck Trimble, Mayor ATTEST : r - d Carolyn J s, i S cretary L