05-10-1988 (City Council) Minutes 477
CITY COUNCIL MEETING
MINUTES
MAY 10, 1988
The Wylie City Council met in regular session on Tuesday,
May 10 , 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
Sandra Donovan, Councilman John Akin, Councilman Marvin
Blakey, Councilman Kent Crane, Councilman Chris DiTota, City
Manager John Pitstick, City Secretary Carolyn Jones , Finance
Director James Johnson, Code Enforcement Officer Roy Faires,
Public Works Superintendent Don White , Chief of Police Royce
Abbott, and Candidates Elect Bud Naish and Ortie Messenger.
Councilman Calvin Westerhof was not present .
Mayor Trimble called the meeting to order and Councilman
Crane gave the invocation.
APPROVAL OF MINUTES FOR MARCH 1 AND APRIL 26TH: There being
no corrections or additions to the minutes a motion was made
by Councilman Akin to approve as submitted. Seconded by
Councilman DiTota. The vote was as follows : Mayor Trimble
- in favor , Mayor Pro Tem Donovan - in favor , Councilman
Akin - in favor, Councilman DiTota - in favor, Councilman
Crane - in favor, and Councilman Blakey - in favor. This
motion carried with all in favor.
APPROVAL OF PROCLAMATION FOR NATIONAL PEACE OFFICERS WEEK
AND POLICE MEMORIAL DAY : Mayor Trimble read the
proclamation for National Peace Officers Week which is May
15th thru May 21st, 1988 and for Police Memorial Day which
is May 15, 1988 . Motion was made by Councilman DiTota to
approve the proclamation for National Peace Officers Week
and Police Memorial Day. Seconded by Councilman Akin. The
vote was as follows : Mayor Trimble - in favor , Mayor Pro
Tem Donovan - in favor, Councilman Akin - in favor,
Councilman DiTota - in favor , Councilman Crane - in favor ,
and Councilman Blakey - in favor. This motion carried with
all in favor .
APPROVAL OF PROCLAMATION FOR CHILDREN 'S ACCIDENT PREVENTION
WEEK: This proclamation was requested by the American Red
Cross and is for the week of May 16th thru May 22, 1988 . A
motion was made by Councilman Akin to approve the
proclamation for Children' s Accident Prevention Week which
is for May 16th thru May 22 , 1988 . Seconded by Councilman
DiTota. The vote was as follows : Mayor Trimble - in favor,
Mayor Pro Tem Donovan - in favor , Councilman Akin - in
favor, Councilman DiTota - in favor , Councilman Crane - in
478
favor , and Councilman Blakey - in favor. This motion
carried with all in favor.
APPROVAL OF PROCLAMATION FOR 1988 CORRECT POSTURE MONTH:
This proclamation was requested by the Chiropractic Health
Center and is for the month of May. Motion was made by
Mayor Pro Tem Donovan to approve the proclamation for 1988
Correct Posture Month - May, 1988 . Seconded by Councilman
Akin. The vote was as follows : Mayor Trimble - in favor,
Mayor Pro Tem Donovan - in favor , Councilman Akin - in
favor, Councilman DiTota - in favor, Councilman Crane - in
favor and Councilman Blakey - in favor. This motion carried
with all in favor.
CANVASS OF GENERAL MUNICIPAL ELECTION HELD ON MAY 7 , 1988 :
This election was for Mayor and Council Members Place 2 ,
Place 4 and Place 6 . Mayor Trimble read the results as
follows :
Mayor Absentee Elec. Day Total
Chuck Trimble 9 362 371
William Vick 11 268 279
Place 2
Jim Swartz 13 326 339
Calvin Westerhof 6 213 219
Cleo Adams 4 119 123
Place 4
George R. Bentley 5 138 143
Ortie Messenger 14 373 387
Larry Braswell 4 107 111
Place 6
Albert Naish 17 409 426
Sandra Donovan 5 250 255
Mayor Trimble also read into the records the recount for
Place 2 that was requested by Mr. Jim Swartz and done on
Tuesday, May 10th at 9 :00 A.M. :
479
Place 2 Recount Totals
Jim Swartz 341
Calvin Westerhof 220
Cleo Adams 123
Mayor Trimble stated in order to carry a win in this place
you had to have 50% plus one vote, in this place it would
mean 343 votes. There will be a run off election in Place
2 . In Place 4 a candidate had to have 321 votes to carry
the election and there will be no runoff for this place.
Mayor Trimble read the following as winners of the election:
Mayor - Chuck Trimble
Place 2 - Runoff between Jim Swartz and
Calvin Westerhof
Place 4 - Ortie Messenger
Place 6 - Albert Bud Naish
A motion was made by Councilman Akin to approve the above
canvassing of the General Municipal Election held on May
7th. Seconded by Councilman DiTota. The vote was as
follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan -
in favor, Councilman Akin - in favor, Councilman DiTota - in
favor , Councilman Crane - in favor and Councilman Blakey -
in favor. This motion carried with all in favor.
APPROVAL OF THE ORDER OF ELECTION FOR RUNOFF ELECTION FOR
PLACE TWO: Mayor Trimble stated the runoff election would
be held on June 4th. Councilman Akin wanted to know if this
needed to be changed due to the City Charger stating that
the election should be held within 14 to 21 days of the
regular election. City Secretary Carolyn Jones said that
state law required so many days for absentee voting and
stated the number of days for which the election could be
held and this would over rule our Home Rule Charter. Motion
was made by Councilman DiTota to approve the Order of
Election for Runoff Election for Place Two to be held on
June 4th. Seconded by Councilman Blakey. The vote was as
follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan -
in favor , Councilman Akin - in favor , Councilman DiTota - in
favor, Councilman Crane - in favor, and Councilman Blakey -
in favor . This motion carried with all in favor.
OATH OF OFFICE TO OFFICIALS ELECTED ON MAY 7, 1988 : City
Secretary Carolyn Jones gave the oath of office to Mayor
480
Chuck Trimble, Councilman Ortie Messenger and Councilman Bud
Naish. --
APPROVAL OF MAYOR PRO TEM FOR A ONE YEAR TERM FROM MAY, 1988
TO MAY, 1989: Motion was made by Councilman DiTota to
appoint Councilman Blakey as Mayor Pro Tem. Seconded by
Mayor Trimble. The vote was as follows : Mayor Trimble - in
favor, Councilman Akin - against, Councilman DiTota - in
favor , Councilman Messenger - against, Councilman Blakey -
in favor, and Councilman Naish - against. This motion did
not carry as there was a three and three vote.
Councilman Akin wanted to know if this could not wait until
after the June 4th Election when there would be a full
Council . Mayor Trimble stated that a Mayor Pro Tem should
be elected at the first meeting after the election.
Councilman Naish then suggested that the Council appoint a
temporary Mayor Pro Tem until after the June 4th election.
Motion was made by Councilman Naish to appoint Councilman
Akin as temporary Mayor Pro Tem to serve until after June
4th. election. Seconded by Councilman Messenger. The vote
was as follows : Mayor Trimble - in favor , Councilman Akin -
in favor, Councilman DiTota - against, Councilman Messenger
- in favor, Councilman Blakey - in favor ,and Councilman
Naish - in favor. This motion carried with five in favor
and one against.
APPROVAL OF AN ORDINANCE REPEALING ORDINANCE NO. 87-1 -
PRIVATE CLUB: Mayor Pro Tem Akin wanted to know if this
could be tabled until the law has been checked into further.
Motion was made by Mayor Pro Tem Akin to table this item
until there has been further investigation. Seconded by
Councilman Blakey. The vote was as follows : Mayor Trimble
- in favor, Mayor Pro Tem Akin - 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.
APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 85-23A:
This amendment is adding a new definition for Private Clubs
serving alcoholic beverages. Mayor Trimble stated that with
the repealing ordinance tabled, this item should be
considered tabled until later.
APPROVAL OF AN ORDINANCE AMENDING ORD. NO. 85-23A - ADDING
TO SECTION 19 - SPECIFIC USE: This amendment is providing
for an indoor shooting range in the Industrial Zoning.
Motion was made by Mayor Pro Tem Akin to approve the
amendment adding to Section 19 - Industrial Zoning a
Specific Use Permit for indoor shooting range. Seconded by
Councilman Naish. The vote was as follows : Mayor Trimble -
in favor , Mayor Pro Tem Akin - in favor , Councilman DiTota -
in favor, Councilman Messenger - in favor, Councilman Blakey
481
- in favor , and Councilman Naish - in favor . This motion
carried with all in favor.
APPROVAL OF A REPLAT OF TRACT 5 - BUTLER ESTATES: This
tract is located on Bozman Road and is in the City' s ETJ and
the replat is dividing Tract 5 into a four (4) acre and five
(5) acre tracts. City Manager John Pitstick said Planning
and Zoning recommends approval with the stipulation that the
private road not come in until it has been brought up to our
standards . Councilman Messenger voiced concern that if this
is approved the City will inherit the road later on. City
Manager John Pitstick said this is in our ETJ and is called
a private easement where the road is located. The County
refused to accept this road until it was brought up to their
standards.
A motion was made by Councilman DiTota to approve the replat
of Tract 5 in Butler Estates with the stipulation that the
road remain a private road until it is brought up to our
standards . Seconded by Councilman Naish. The vote was as
follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - 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 PRELIMINARY PLAT OF CANTERBURY HILLS : This item
has been pulled at the request of the developer Mr . Baron
Cook.
APPROVAL OF TWO (2) WATER LINE EASEMENTS FROM HARDCAST
INC. ) : This is the extension of the 12" water line from
Hardcast to Sanden Property. Mayor Pro Tem Akin wanted to
know why we are going this distance, isn' t there a water
line across the street at the concrete place. Mr . Don
White, Public Works Superintendent, said that line is only
an 8" and Sanden needs a 12" line. Motion was made by
Councilman DiTota to approve the two water line easements
from Hardcast Inc. Seconded by Councilman Blakey. The vote
was as follows : Mayor Trimble - in favor , Mayor Pro Tem
Akin - 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 .
DISCUSS PROPOSED RATE REQUEST FROM BFI : City Manager John
Pitstick said this is a discussion item. The current
contract says BFI has to come before Council prior to
increasing their rates. Mayor Pro Tem Akin said he would
like to see the original contract that we had with Moore.
Finance Director James Johnson said it was different because
it was tied with the landfill . Mayor Pro Tem Akin said the
five (5) year contract was because of the landfill .
Councilman DiTota stated that the City of Dallas has lowered
their rates due to making trash bags mandatory. Would this
482
help the rate increase in Wylie. Mr. Larry Appel ,
representative from BFI , said no it would not effect our
prices for Wylie. Mr . Appel said that the only thing that
may come back to Council is to pick up in front of some
residents instead of in the alley due to the damage the
trucks are doing in the City' s alley ways. This will not
affect the rates either . Councilman DiTota wanted to know
if we went to one (1) pick up a week instead of two (2) ,
would this lower the rates . Mr . Appel said staff and BFI
could talk about it but this is what you ask for in the
beginning . Councilman DiTota wanted to know what the city
could do to lower the rates. Mr . Appel said that just North
of the City there is a proposed landfill site, and this
could lower the rates. At present we are hauling to Farmers
Branch. NTMWD land fill is $4 . 17 cu . yd. , McKinney is $2 .45
cu. yd. , Farmers Branch is $1 .40 cu. yd. By using Farmers
Branch we have received a reduced rate. Difference in
transportation, it takes 1 hr . 38 minutes - fuel - taxes - a
driver - is still cheaper by going to Farmers Branch instead
of NTMWD. Councilman Naish said in the pro/cons for front
street pick up, I have witnessed trucks hitting mail boxes
and dogs seem to tear up the trash in the front more than in
the back. City Manager John Pitstick said we are having
some problems in some areas with the alley ways being torn
up by the trucks. There being no other questions Mayor
Trimble closed the discussion of the rate request from BFI .
APPROVAL OF AGREEMENT BETWEEN THE CITY OF WYLIE AND WSA:
City Manager John Pitstick said this has been to Park
Board, WSA and staff. Mayor Pro Tem Akin said WSA use to
pay the City $3 ,000 . to cover the park notes and this was
done away with since they were taking care of the park.
Councilman Naish said WSA pays the electric bills for the
park and takes care of the sports complex. Mayor Pro Tem
Akin said WSA is the only one that receives any revenues
from the Park. Mayor Pro Tem Akin asked Mr . Johnson if the
City was still paying on the park notes . Mr . Johnson said
yes. Mayor Pro Tem Akin said we left the $3 ,000. off
because they were picking up some of the other expenses.
Councilman DiTota wanted to know if staff has checked into
the insurance, the deductible. Mr. Johnson said the
deductible is $2 ,500 .00 . City Manager John Pitstick said
the fountain that was just repaired has already been torn up
again.
Mayor Pro Tem Akin said the trash situation is bad, papers
are blowing all over the park area. Mr. Don White said he
has talked with WSA and the City is going to put in larger
dumpsters and then WSA will empty the small containers into
the dumpsters. Mayor Pro Tem Akin said the Park is
something we are proud of and we should keep it clean.
483
Councilman Naish said where are the volunteers that are
suppose to be working in the park. City Manager John
Pitstick said the plans are ready and we are going to the
Park Board for recommendation to Council . After this has
been done then the volunteers can begin their work.
Councilman DiTota said it should be the City' s
responsibility to coordinate the volunteer program.
Mayor Pro Tem Akin said WSA has asked for the fees for the
Community Room be waived for them. This is for the
community and should not be abused by one entity. Also WSA
wants one of their members on Park Board, the Council has
felt like this would be a conflict, trying to represent the
Park Board and taking care of WSA interest.
Councilman Naish wanted to know if the fees for the
Community Room goes back into the Park budget, where it
could be used for seed for the park. Mr . Johnson said it
went into the General Fund. Councilman Naish wanted to know
what Council has to do to to change this so that the money
collected from the Community Room would go back into the
Park budget for grass seed. City Manager John Pitstick said
it was easier to put this in the Park budget, instead of
using this fee as a revenue source. Councilman Blakey said
in this agreement, it sounds like WSA is to take care of the
grass . Councilman Naish said it says they will water it and
take care of it , but not buy grass seed .
Councilman DiTota said there was nothing about who the
volunteers work under . City Manager John Pitstick said it
should go through City Staff , Park Board and Council .
Mayor Pro Tem Akin made a motion to approve the agreement
with the addition of a note on the bottom stating that the
$3 ,000 . was deleted in lieu of their paying other expenses.
Councilman Messenger said if we go with this agreement , who
is going to pick up the trash. Mayor Pro Tem Akin amended
his motion to include the responsibility of WSA to pick up
the trash in the park.
This motion was seconded by Councilman Messenger . The vote
was as follows : Mayor Trimble - in favor , Mayor Pro Tem
Akin - 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 of the following agreement:
WSA:
1 . Mow and maintain fields (grading and prepare
fields, trimming and cleaning) and activity
scheduling within the sports complex .
484
2 . Pay all electric expense (Monthly) ,•..
3 . Be responsible for all supplies for sports complex
4 . Move water cannon through park and set timers for
sprinkler system.
5 . Pick up trash and empty the trash containers into
the dumpsters .
CITY OF WYLIE:
1. Furnish all water and pay for water/sewer bills
2 . Mow and maintain all road right-of-way in park and
areas around parking lot and library.
3 . Make repairs for anything over $100 .00 per
occurrence.
4 . Send Monthly Electric bill to WSA
This agreement will be reviewed prior to March 1 of every
year from this day forth. At the time of review WSA will be
asked to bring their records in so that Council and the Park
Board can made a just agreement. (This agreement is in lieu ...,
of the $3 ,000 .00 WSA was to pay on the park notes. )
Mayor of Wylie President of WSA
CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing
to speak to the Council to come forward at this time and to
state their name and address for the record. Mayor Trimble
also requested that they stay within a two (2) minute time
period. There was no one wishing to speak at this time.
COUNCIL DISCUSSION: Mayor Pro Tem Akin wanted to know if
the City Staff was trying to obtain the right-of-way from
Ben Woods property for Sanden Blvd . City Manager John
Pitstick said staff is talking with them.
Mayor Pro Tem Akin stated that the Cemetery Board has said
since the water runoff has been diverted to that side of
Akin Lane, it is beginning to wash the dirt away and will
expose graves soon.
Mayor Pro Tem Akin also stated that he has talked with
Sheriff Terry Box about using our jail cells . City Manager
John Pitstick said that staff has had several meetings and
we are still working on a presentation to the County for
their using part of our cells. Mayor Trimble said we have
485
been talking with the Commissioners Court and they said we
need electric locks on the cells and several other things
done before we can finalize a contract.
Councilman DiTota wanted to know the status on the Minyard
Case. City Attorney representative Mr . John Roehm said we
have a June 5th court date. There is also a hearing on May
31st before the judge, where Mr . Minyard is trying to get
the annexation ordinance declared invalid . Councilman
DiTota wanted to know how Mr . Roehm felt about our
ordinance. Mr . Roehm said he does not feel we have a
problem. Mr . Roehm said he called a surveyor and asked him
to find a metes and bounds description from the tract and
survey number on the annexation ordinance. The surveyor
went to Collin County Courthouse and pulled the metes and
bounds from the description on the annexation ordinance.
Councilman DiTota asked about an update on Sanden Blvd.
City Manager John Pitstick said it is under design right
now, this will take three (3) to four (4) months.
Councilman DiTota wanted to know if there was a food
peddlers permit . Council wanted to outlaw these, it is
taking business away from our own business districts . Code
Enforcement Officer Roy Faires said the Zoning Ordinance
says that a business has to be conducted in a building , and
we also have health codes.
City Manager John Pitstick would like Council to set a half
day for a work shop, maybe sometime in mid June. This would
be a work shop on next year' s budget.
Councilman Messenger said there is an ad in the Wylie News
for police officers and public works employees, have we had
any terminations or resignations. Mr . Don White said mowers
are for summer, two operators (one who has left and one on
medical leave) who never been replaced.
Councilman Blakey wanted an update on the street program.
City Manager John Pitstick said staff will be bringing it
back to Council soon. There is a pre bid hearing and so far
this has shown a lot of interest . Next week there is a pre
construction meeting on streets. Staff hopes to have the
bids on the May 24th Council agenda.
Councilman Naish said there were lots of places where water
is standing in drainage ditches, one bad one is in Point
North Subdivision. Mr . White said the one in Point North is
a problem, the developer did not acquire an easement for the
city to get in and do the work. City staff is in the
process of trying to get permission from the other property
owner in order for us to get in and do some work.
486
Councilman Messenger said there is one place in Point North
that was deep enough that a small child could drown. "'".
Councilman Naish said this was at Gaston and Ann Streets .
Councilman Naish stated that he was looking forward to
working with the City Staff.
Mayor Trimble welcomed the new members and called to
everyones attention that the Police BBQ sponsored by the
Wylie Women' s League will be May 21st . Also that there
would be another meeting with the volunteers for scheduling
the next few months on May 26th at the Library.City Manager
John Pitstick said we have extended the library hours, need
volunteers on Tuesday nights and in afternoons. Mayor
Trimble also requested, that after the hours have been
established and enforce for a while, that we have a book
drive. People will donate books , use what they can in the
Library and then sell the rest. This would bring in a
little revenue for the Library.
There being no other business or discussion, a motion was
made to adjourn with all in favor .
,,%
(11==elnulimmuliki
,� rZ-
ALChuck Trimble, MayorATTEST :
Carolyn o es , S cretary