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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