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01-24-1989 (City Council) Minutes 248 CITY COUNCIL MEETING MINUTES JANUARY 24, 1989 The City of Wylie City Council met in regular session on Tuesday, January 24 , 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 Ortie Messenger, Bud Naish, Jim Swartz , Tom Pritzkau, and Marvin Blakey, City Secretary Carolyn Jones, Finance Director James Johnson, Assist. Engineer Ron Homeyer, Code Enforcement Officer Roy Faires, Public Works Superintendent Don White and City Attorney Rob Dillard. Mayor Trimble called the meeting to order and gave the invocation. APPROVAL OF MINUTES OF NOV. 29TH, DEC. 13TH, 15TH AND 19TH AND JAN . 7TH, 10 , AND 14TH MEETINGS: Councilman Naish added to the Jan. 10th meeting , the statement made by Councilman Swartz . Councilman Swartz asked the question, is it possible to add another board member to the Library Board. Mayor Pro Tem Akin said the Charter says only seven members. Motion was made to approve the minutes with the above correction. 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 FINAL PLAT AND ACCEPTANCE OF THE WATER AND SEWER LINES FOR SOUTHFORK MOBILE HOME PARK: Mayor Pro Tem Akin stated that this item had not been taken before Planning and Zoning Commission. Mr . Homeyer, Assist. City Engineer, said that was correct, it has not been before Planning and Zoning . Motion was made by Mayor Pro Tem Akin to table until Planning and Zoning had taken action. 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 . APPROVAL OF FINAL PLAT FOR PHENNEL ADDITION WHICH IS IN THE ETJ OF THE CITY OF WYLIE: This property is located on CR990 just north of CR 738 on the Branch Peninsula . Motion was made by Mayor Pro Tem Akin to approve contingent upon 249 concrete streets as recommended by Planning and Zoning . 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 . APPROVAL OF A REQUEST TO RELINQUISH THE CITY OF WYLIE ' S ETJ ON 104 .67 ACRES OUT OF THE S. D. TERRY SURVEY, ABSTRACT 890 IN THE BRANCH PENINSULA: The request has come from Mr . Singletary and Mr . Beckham. Mr . Roy Faires said he had pointed out to Planning and Zoning that the City Attorney had told Mr . Faires we could not do it on a piece mill basis. The Council could de-annex, by legislative action, we can establish a line in the water one mile from all points of the water inside that line, thereby placing the Branch Peninsula outside of our ETJ or through another legislative action , would be to reduce the city' s ETJ to something less than the present one mile. It is the staff' s opinion that such a decrease would be unacceptable and this would effect the entire ETJ of the City. Mr . Faires said the first time the P & Z Commission voted, the vote was four in favor and two against relinquishing the ETJ. There was a misgiving on the part of one member and the chairman made a decision to take another vote on the motion with this vote being five in favor and one against relinquishing the ETJ. Mayor Trimble wanted to know why the votes were not recorded. Mr . Faires said this was done some time back when the minutes reflected who voted against an item and the board did not want that to be reflected in the minutes. Motion was made by Mayor Pro Tem Akin to reject the relinquishing of the ETJ as recommended by Planning and Zoning Commission. 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. PUBLIC HEARING ON THE REQUEST FOR A SPECIFIC USE PERMIT FOR A FEED STORE WITH OUTSIDE SALES: This request has been made by Mr . Doug Poole, owner of Poole Feed Supply. Mr . Faires stated that Planning and Zoning approved the Specific Use Permit with the following stipulations: in all areas the hay is to be the common rectangular baled hay in all areas the wood shavings are to be bagged in all areas the fertilizer is to be bagged in all areas the peat moss is to be bagged in all areas the firewood is to be stacked and or bundled 250 Area 1 everything in this area limited to three feet high wood shavings, firewood, christmas trees and farm and home supplies with the stipulation of lawn and garden items as normally defined Area la hay, wood shavings, firewood, christmas trees and farm and home supplies with the stipulation of lawn and garden items as normally defined Area 2 fertilizer , peat moss , wood shavings, firewood limited to three feet high and seasonal plants Area 3 seasonal plants, fertilizer , peat moss and tack (no height restriction in this area) Area 4 this corner will have a 20 foot setback from both streets, and a three foot limitation on all things in this area, firewood, hay , wood shavings, landscape timbers, farm and home supplies Area 5 no height restriction, fertilizer, hay, wood shavings farm and home supplies, farm and ranch trailers (if using stacked trailers, maximum is three high) Area 6 no height restriction, fertilizer , wood shavings and _ hay Mayor Trimble opened the public hearing for comments or questions. There being no comments or questions the public hearing was closed . APPROVAL OF A SPECIFIC USE PERMIT FOR A FEED STORE WITH OUTSIDE SALES: This specific use permit is for the Poole Feed Supply and is located on on Highway 78 . Motion was made by Councilman Blakey to approve the specific use permit for one year with the above stipulations from Planning and Zoning . 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 ADOPTING BENEFITS OF S.B. 505 GRANTING ADDITIONAL RIGHTS, CREDITS AND BENEFITS: These additional rights and credits are authorized by Section 64 .202 (f) , 64 .204, 64 .405, 64 .406 , and 64 .410 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended by the 70th Legislature. Mr . Johnson, Finance Director , stated that this ordinance would update our Texas Municipal ..,� Retirement Plan. Motion was made by Mayor Pro Tem Akin to approve the ordinance adopting the benefits of S. B. 505 granting additional rights, credits and benefits . Seconded 251 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 ADOPTING THE MILITARY SERVICE CREDIT: This would be an addition to our Texas Municipal Retirement System and would be for those who have served in the Armed Forces during a certain period of time. It is for certain employees who performed or hereafter performed active service in the Armed Forces of the United States, under honorable conditions during periods of conflict with foreign forces, to apply and make deposits for and to receive special credit with TMRS for limited portions of such military service, and providing for payment by the City of additional deposits to the system on account of such service credit. Mr . Johnson stated the total cost for the city if everyone participated would be $3 ,000 .00 . Most of cities already have this plan . Motion was made by Mayor Pro Tem Akin to approve the ordinance for military service credits . 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. APPROVAL OF AN ORDINANCE AMENDING ORD. NO. 87-32 SECTION 1 (2 ) (C) SMOKING ORDINANCE: This amendment is to add the Police Dispatch area as a designated smoking area to the Smoking Ordinance. Motion was made by Councilman Messenger to approve the amendment to Ord. No. 87-32 Section 1 (2 ) (c) smoking ordinance by adding the Police Dispatch area as a designated smoking area. Seconded by Councilman Pritzkau. The vote was as follows : Mayor Trimble - against, 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 six in favor , and one against. APPROVAL OF AN ORDINANCE ALTERING THE PRIMA FACIE MAXIMUM SPEED LIMITS AND NO PARKING ESTABLISHED FOR MOTOR VEHICLES OPERATING UPON CERTAIN PORTIONS OF EAST BROWN ST. AND STONE ROAD: This is the area on Brown Street where the children going to P M Akin Elementary will cross. Motion was made by Mayor Pro Tem Akin to approve the ordinance altering the prima facie maximum speed limits and no parking established for motor vehicles operating upon certain portions of East Brown St . and Stone Road . Seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, 252 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 REQUEST FOR WAIVER OF SANITATION FEES: Mr . Johnson stated that the City' s contract with BFI stated that all residents and businesses will pay a minimum refuse rate even if they do not use the service. Mr . Johnson also stated that Council is the only one that can change this . If Council does agree to this, you may be setting a precedence. I did have BFI check this route and they do not have very much refuse. Mr . Johnson said the lady told him about one bag a month and BFI said the same. Mr . Johnson said the Council could set up in the rate schedule a special rate for businesses like this one. Councilman Pritzkau wanted to know if the rates were set on number of bags. Mr. Johnson said yes. There was no motion made to waiver sanitation fees at this time. PRESENTATION BY ANNETTE NAISH FOR A RECYCLING PROGRAM FOR THE CITY OF WYLIE: Mrs . Naish was not able to be at the meeting but sent a written presentation to the Council . Mayor Trimble read the following presentation: "Wylie Environmentalists would be a non-profit organization similar to the Richardson Environmental Action League. W. E. has made arrangements with a company named Western Reclamation to handle any recyclable materials we may have. Presently Western Reclamation will provide a 20 foot by 8 foot by 8 foot bin for us for a few days at a time. They could install the bin for first pick up the weekend of February 4th and 5th. After we can provide 20,000 pounds per week, we will have a bin on site permanently. Twenty thousand pounds would represent a participation by 10% of Wylie. In the future, Western Reclamation will be able to deal with aluminum, glass, and plastics . W. E. would be made up of Irene Messenger, Annette Naish and the Wylie City Manager . The City manager would be involved in order to review the fact that the money would be kept in a businesslike manner. There would be quarterly statements and disbursement every March. Fifty Percent (50%) to be spent on trees or equipment for City of Wylie Parks, twenty-five percent (25%) to be given to the Wylie Womens League and twenty-five percent (25%) for 253 any expenses of W. E. , any excess to be donated to a local need, either some beautification project or something similar to Christian Care Center , which is an ongoing service agency for Wylie citizens. If W. E. is a separate organization, it can be an entity not dependant upon any city administration or administration of the Womens League. With ten percent (10%) participation, W. E. could purchase a $200 + tree by March 1989 . W. E. would appreciate Council inserting reminders in water bills and the future Council newsletter . With Council help, there ought to be better than ten percent (10%) participation. Presently, Women League and the Gifted and Talented Class from Wylie High School have already started gathering papers for our first step. After W. E. becomes viable then recycling could move on to aluminum, then glass, then plastics. W. E. will be able to reduce the amount of trash, and increase direct benefits to the City. The City of Rowlett is in the process of setting up their recycling center on city owned land. Point of fact - for every ton of paper recycled 100 trees are saved. Thank you for your consideration. Annette Naish" Mayor Pro Tem Akin said we had a presentation several meetings ago, I am totally in support of this. The key factor is where to put the containers . Councilman Messenger said that the money will go back into the parks for trees and etc. I think it will be terrific. Councilman Swartz said he agrees but not in the downtown area. Mayor Pro Tem Akin said approve and put a committee together to find a good location for the containers . Councilman Naish said the major concern was the locations of the containers. Mayor Pro Tem Akin said that is why I said form a committee, maybe put Councilman Swartz and another one or two on this committee. 254 APPROVAL OF PLACEMENT OF RECYCLING CONTAINERS: These recycling containers will be for old papers and the W.E. committee would like to set them up at the old police station and the Community Room parking lot. Councilman Swartz said since this is just a two day period, you could allow them to put them where they have asked for. Councilman Messenger said to put the containers where they have requested this time. Councilman Pritzkau said you should not move the locations around. Motion was made by Councilman Blakey to approve the placement of recycling containers at the locations that has been requested this time only. 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. APPOINTMENT OF A SEVEN MEMBER COMMITTEE FOR SEARCHING AND PUTTING TOGETHER SPECS FOR AMBULANCE SERVICE FOR THE CITY OF WYLIE: Mayor Pro Tem Akin said the staff tried to consider those who had experience with ambulance services and would be unbias . Staff recommends the following persons: James Johnson, Ed Snead , Dr . Ron Pilkington, W. C. and Reta Allen, Ann Guzman, and Calvin Westerhof . Mayor Pro Tem Akin said he endorses each one of the above and would like to bring them forward for the committee. Councilman Naish asked if these people had been contacted and were they willing to serve. City Secretary Carolyn Jones said she had talked with some of the people and Mr . Johnson had spoken with the others. Each one stated they would like to serve. Mayor Trimble said his concern is no one is representing the hospital . I would like to add to the committee, Peggy McCollum. Councilman Messenger wanted to know if Dr . Pilkington was affiliated with the hospital . Mayor Trimble said he has privileges at the hospital , but he is not familiar with ambulance services . Mayor Pro Tem Akin said some other people are not being involved in this because of reasons of conflict of personalities and other things and that is what we are trying to get away from. We need to get an ambulance in here that every one is going to agree that will be the best for the City of Wylie. Mayor Trimble said if the hospital is not considered in how the specs are done, then how will they work. 255 Mayor Pro Tem Akin said Mr . Johnson if this is to many for the committee or if the committee is not agreeing you have the right to relieve them of their duty. Motion was made by Mayor Pro Tem Akin to approve the staff recommendations plus add the name of Peggy McCollum and to designate James Johnson as Chairman of the committee. 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 . APPROVAL OF PAYMENT REQUEST FROM XIT PAVING AND CONSTRUCTION IN THE AMOUNT OF $50 ,663 . 48: This is part of the street reconstruction program. Mr . Homeyer stated on the original request , XIT had included some things that were not needed and I have adjusted the figure down. Council wanted to know if the claims had been taken care of . Mr. Homeyer said yes. Motion was made by Mayor Pro Tem Akin to approve the payment in the amount of $50 ,663 .48 to XIT Paving . 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 . APPROVAL OF PAYMENT REQUEST FROM CUMMINGS AND PEWITT INC. IN THE AMOUNT OF $4 ,765.00: Motion was made by Councilman Pritzkau to approve the payment in the amount of $4 ,765.00 to Cummings and Pewitt . 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. CITIZEN PARTICIPATION : Mayor Trimble invited anyone wishing to speak to come forward at this time, to state their name and address for record and to keep their comments to within two minutes. Herman Stork 509 E.Gaston wanted to know on the approval of streets, had the bids been done on Brown Street and Jackson Street. Mr . Homeyer said the Ordinance tonight was for a school zone. Mayor Trimble said there is no money for the reconstruction of Brown St . Councilman Messenger said there is County money for Spring Creek Parkway that might be moved but this has to be approved by Council and Commissioners Court . Mayor Pro Tem Akin said on Brown Street, most of this was done by heavy equipment and the contractors have said they will help us on Brown Street . Mayor Pro Tem Akin 256 said we have a good street crew now and I think you will see more work being done and a better job. Mr . Stork said there is East and North Gaston and today I come home and had five gallons of water and someone' s bill. I was the first person who moved in on this street. Council said we are working on the numbers of this street . Mr . Stork said he also has a problem of dogs coming through his yard. You cannot call the pound because they are not in the office after 5 P.M. How can I get rid of these dogs. Mr. Don White said we are trying to change his hours. On trash days he will start at 6 : 00 A.M. and other days at 9 : 00 A.M. Mayor Trimble commended our Animal Control Officer for the job he has done. Mr . Ronald Braswell - 511 E. Gaston there is a lock on my water meter and I have no water . I have receipts where I have paid my bill and I have a baby in the house. I need to get my water turned back on. COUNCIL DISCUSSION: Mayor Pro Tem Akin told the Council that Carolyn Jones and Candi White would be in Austin for the next two days for Election Seminar . Mayor Pro Tem Akin also stated since the mandate on the sewer, maybe it is time to have a workshop with Southfork, Presidential Estates and Newport Harbour . I hope we can cut this 1 .6 million in half . Mayor Pro Tem Akin also stated that Mr. Homeyer has sent a memo on easements needed for Sanden Blvd. and Council may need an executive session soon on acquiring these easements. Councilman Pritzkau asked Mr . White if Public Works had guide lines on street repair. Mr . White said yes , we have guide lines and I have a new crew working and I think they will follow these guide lines. Mayor Pro Tem Akin said the new street superintendent knows what to do and I think you will see a better job. Councilman Pritzkau ask Mr . White if he had seen the Public Works Guide Lines for Northern Texas. Mr . White said he has seen it . Councilman Pritzkau said maybe we should try these guide lines. Mr . White said we have a new type asphalt we are trying but it is very expensive. It has been down in places for over a month and is still in place. Mr. Homeyer said the problem on Brown St. was the water line was only 3/4" deep, since the bore, the line has been lowered, the street can be repaired without breaking the water line. Councilman Messenger commended Mayor Pro Tem Akin and Code Enforcement Officer Roy Faires for the enforcement of the ordinance on substandard houses . Councilman Messenger asked Carolyn Jones if she had heard from the lady about the pit bulls . Mrs . Jones said she has not called back. 257 Councilman Blakey said now that Birmingham Street is not to far from pouring concrete, be sure the grades are right and there is no ponding . Councilman Naish wanted to know how we come out on the water loss since the replacement of the check valve. Mr. Homeyer said we have only replaced on valve and it was not the worse one. We hope to take the other pump off tomorrow. Mr . White said he hoped to have this project completed within the next five weeks . Councilman Naish wanted to know about the small tracts of land that were left off the annexations. Carolyn Jones said she has not put that together yet, but will do a presentation to Council prior to the starting annexation process. Mr . James Johnson, Finance Director, stated that Judge Lemley is assessing community service hours for fines. Councilman Naish wanted to know about insurance if one of these people got hurt . City Attorney Rob Dillard said he could not answer that question, I was not aware you were doing this. City Secretary Carolyn Jones reminded Council of the Collin County Public Officials meeting on Thursday night. Mayor Trimble recessed the open meeting and convened Council into Executive Session at 8:25 P.M. under the authority of Article 6252-17 V.A.C.S. Section 2 paragraph "g" Personnel Matters - discussion of position of Chief of Police and paragraph "e" consultation with City Attorney regarding Lifeline Ambulance Service. Mayor Trimble reconvened the open meeting at 9 :45 P.M. , there being no action necessary from executive session a motion was made to adjourn with all in favor. g==::1 I= Z://' Chuck T , Mayor SEAL ATTEST : II,'LIE, TE`',.`,,. a��nn uininto ,1 '7;12) '2 ; ( fie -'9�s Carol7n Jon , Ci � ecretary i t,