10-22-1985 (City Council) Minutes CITY COUNCIL MEETING
MINUTES
OCTOBER 22 , 1985
7 :00 P. M.
The Wylie City Council met in regular session on Tuesday ,
October 22 , 1985 at 7 : 00 P. M. in the work room of the Rita
and Truett Smith Library . A quorum was present and notice
of the meeting had been posted for the time and in the
manner required by law. Mayor Akin presided . Those present
were Mayor John Akin , Mayor Pro Tem Don Hughes ,
Councilmembers Percy Simmons Randall Gaston , Harold Spence ,
William Martin and Joe Fulgham, City Manager Gus Pappas ,
City Secretary Carolyn Jones , Finance Director James
Johnson , Code Enforcement Officer Roy Faires , Scott Dorsey
of The Wylie News , Carnell Vendors of Moore Industrial , Inc .
and other citizens .
APPROVAL OF MINUTES : There being no corrections or
additions to the minutes , a motion was made by Mayor Pro Tem
Huhges to approve as submitted . Seconded by Councilman
Martin. The vote was as follows : Mayor Akin - in favor ,
Mayor Pro Tem Hughes - in favor , Councilman Simmons - in
favor , Councilman Spence - in favor , Councilman Martin - in
favor , Councilman Fulgham - in favor , and Councilman Gaston
- in favor . This motion carried with all in favor .
APPROVAL OF PROCLAMATION FOR W . I . S .D. FALL CARNIVAL DAY ,
OCTOBER 26 , 1985 : Mayor Akin read the proclamation for W.
I . S . D . Fall Carnival Day . Motion was made by Councilman
Spence to approve and sign proclamation . Seconded by Mayor
Pro Tem Hughes . The vote was as follows : Mayor Akin - in
favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons -
in favor , Councilman Spence - in favor , Councilman Martin -
in favor , Councilman Fulgham - in favor , and Councilman
Gaston - in favor . This motion carried with all in favor .
PUBLIC HEARING ON ANNEXATION OF 50 ACRES OUT OF THE DUKE
STRICKLAND SURVEY , ABSTRACT 841 : This property is located
across from South Highway 78 from Century Business Park and
behind the railroad tracts . This property was presented for
annexation and zoning some months ago by Jack Harvard and
Jerry Hoagland , but at the time , we were not contiguous .
The Planning and Zoning Commission recommends approval of
this annexation to Council by a vote of 7-0 . Mayor Akin
opened the public hearing . There was some discussion from
Council about the road from Hooper Rd . to Highway 78 . This
road being Hensley Road and it will connect South Highway 78
and Hooper Road . There being no other questions or
opposition , the public hearing was closed .
Ery
PUBLIC HEARING ON ANNEXATION OF 7 . 136 ACRES OUT OF THE
FRANCISCO DE LA PINA SURVEY , ABSTRACT 688 : This property is
located on Highway 78 and is the property that has been
given to the City of Wylie for a municipal complex. Mayor
Akin opened the public hearing , there being no questions or
opposition , the public hearing was closed .
APPROVAL OF AMENDMENT TO ORDINANCE 84-12 (FEE ORDINANCE)
SECTION 5 : The amendemnt is the reconstruction of
streets , to allow for hot mix surface treatment . This will
increase the price per square foot from . 40 to . 50 for
streets with some base and/or asphalt regardless of
condition ; and from . 50 to . 60 for streets which are
completely unimproved . This change in cost is to accomodate
the increased cost of the hot mix over the rock and oil
base . Motion was made by Councilman Fulgham to approve this
ordinance increasing the street price to . 50 per square foot
and . 60 per square foot depending upon the street . Seconded
by Councilman Martin . The vote was as follows : Mayor Akin
- in favor , Mayor Pro Tem Hughes - in favor , Councilman
Simmons - in favor , Councilman Spence - in favor , Councilman
Martin - in favor , Councilman Fulgham - in favor , and
Councilman Gaston - in favor . This motion carried with all
in favor .
PUBLIC HEARING ON RATE INCREASE REQUEST BY MOORE INDUSTRIAL
DISPOSAL FOR SOLID WASTE DISPOSAL: Mayor John Akin opened
the public hearing and called on Mr . Cornell Vendor
representative from Moore Industrial . Mr . Vendor gave a
brief presentation on the increase in cost for Moore
Industrial . Mr . Vendor suggested on behalf of Moore
Industrial that the City of Wylie raise their rate from
$5 . 50 per residential customer to $7 . 00 per residential
customer in order to cover the charge that Moore Industrial
is asking for . Mr . Vendor also stated that Moore Industrial
has hoped to open the City ' s old landfill , but as of this
date , the State has not allowed this . Mr . Vendor said that
these rates are coming out of the Plano District and the
charges placed on Moore at North Texas Municipal Water
Distrist landfil . When Moore takes a truck into NTMUD
landfill , their charge is based on weight .
Mr . James Johnson , Finance Director for Wylie , said he has
looked at the schedule of rates that Moore has submitted .
Mr . Johnson said he has not been able to come up with the
numbers Moore is requesting . Mr . Johnson said he has
requested more information in order to try and justify this
rate request .
City Manager Gus Pappas said the City has maintained a
certain percent difference from what we pay Moore and what
we charge the citizens . The proposal before you , increases
the percentage to Moore but decreases the City portion which
204
takes care of the the billing and other paper work involved .
The staff would recommend the following proposals :
Residential - single family $5 . 60
Duplex Unit - per unit 5 . 60
Trailer Park - per unit 5 . 60
Residential - per unit (City
serviced outside City Limits) 6 . 75
Commercial :
Hand Collection :
Less than 8 , 30 gal . bags
per week 9 . 00
2 cu. yd . 1 X week 34 . 50
2 X week 56 . 25
3 cu. yd . 1 X week 36 . 75
2 X week 63 .00
4 cu. yd . 1 X week 39 . 00
2 X week 74 . 25
6 cu . yd . 1 X week 50. 25
2 X week 85 . 50
8 cu . yd . 1 X week 57 .00
2 X week 100 . 50
10 cu . yd . 1 X week 67 .50
2 X week 114 . 00
Extra pickups
2 cu . yd . , 3 cu . yd , 4 cu . yd . 15 . 75
6 cu . yd . , 8 cu . yd . , 10 cu. yd . 18 . 75
TIr . Vendor from Moore said at this , as representative for
Moore Industrial , he would like to withdraw this proposal .
This proposal by staff would not off set the cost Moore is
having .
There being no other questions or opposition , the public
hearing was closed . A motion was made by Councilman Simmons
to table this rate increase at this time . Seconded by
Councilman Martin. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Hughes - in favor , Councilman
Simmons - in favor , Councilman Spence - in favor , Councilman
Martin - in favor , Councilman Fulgham - in favor , and
Councilman Gaston - in favor . This motion carried with all
in favor to table the rate increase .
PRELIMINARY PLAT FOR WESTGATE ADDITION : This plat was
tabled at the last meeting , in order from the City having to
accept a plat that is not in compliance with our Subdivision
Ordinance , we have placed this item on the agenda for
rejection. There is a provision in our Subdivision
Ordinance Section 4 .02 .F. 1 . that the P&Z and the City
Council "shall" act on a preliminary plat within 30 days
from the date such plat was filed with each body for their
approval . This plat was tabled due to the connecting street
from Westgate Addition to Birmingham Farms Land which is
also being platted . Since the posting of this agenda , both
parties have come to an agreement and the street has been
worked out and is now a connecting street between the two
subdivision . Staff recommends approval of this plat with
the stipulation that the street connecting FM 544 and FM
3412 be 65 foot right-of-way with 37 feet of pavement .
Councilman Simmons wanted to know about the zoning for the
property to the North of this subdivision. City Manager Gus
Pappas said the two parties had worked this street problem
out and the plans did not change the amount of acres in the
zoning of the Birmingham Land . Councilman Simmons wanted to
know why many feet to the East of Birmingham Farms was this
road . City Manager Gus Pappas asked Mr . Flynn , he said it
was approximately 1100 feet . This road is staying in
Westgate as shown on the preliminary plat . Councilman
Simmons wanted to know how close this road was to the
Elementary School . City Manager Gus Pappas said it was
three (3) or four (4) feet from the school .
Motion was made by Mayor Pro Tem Hughes to approve the
preliminary plat for Westgate with the 65 foot right-of-way
and 37 feet of pavement . Seconded by Councilman Gaston .
The vote was as follows : Mayor Akin - in favor , Mayor Pro
Tem Hughes - in favor , Councilman Simmons - in favor ,
Councilman Spence - in favor , Councilman Martin - in favor ,
Councilman Fulgham - in favor , and Councilman Gaston - in
favor . This motion carried with all in favor .
APPROVAL OF DEVELOPMENT PLAN FOR BENEDICT ESTATES : The
Planning and Zoning Commission reviewed this plan and
recommends this to Council for approval with a vote of 7-0 .
Staff also recommends approval , and also has requested to
see the deed restrictions . Councilman Spence wanted to know
if the deed restrictions in this is because of the Planned
Development . City Manager Gus Pappas said not necessarily
but they are some questions that need to be addressed such
as the park and creek areas . Motion was made by Mayor Pro
Tem Hughes to approve the development plan for Benedict
Estates . Seconded by Councilman Gaston . The vote was as
follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in
favor , Councilman Simmons - abstained , Councilman Spence -
abstained , Councilman Martin - in favor , Councilman Fulgham
- in favor , and Councilman Gaston - in favor . This motion
carried with five in favor and two abstaining .
AUTHORIZATION TO ADVERTISE FOR BIDS FOR AIR COMPRESSOR FOR
STREETS AND DRAINAGE DEPARTMENT : This compressor will be
used to operate a jack-hammer to repair existing concrete
streets , alleys and sidewalks . This item is included in the
approved 1985-86 budget . The approximate cost of this
206
compressor will be from $9600 . to $11 , 000 . Motion was made
by Councilman Fulgham to grant authorization to advertise
for bids for air compressor . Seconded by Councilman Gaston .
The vote was as follows : Mayor Akin - in favor , Mayor Pro
Tem Hughes - in favor , Councilman Simmons - in favor ,
Councilman Spence - in favor , Councilman Martin - in favor ,
Councilman Fulgham - in favor , and Councilman Gaston - in
favor . This motion carried with all in favor .
APPROVAL OF COUNCIL DIRECTIVE NO. 1 : MOWING OF STATE R-O-W
ON STATE HIGHWAY 78 : City Manager Gus Pappas said the City
has an agreement with the Railroad to mow their right-of-way
and then bill them for this , and in addition , we have been
mowing the State Highway right- of-way . Councilman Spence
said we did not have to mow the State Highway R-O-W, but
that the State is now mowing it . City Manager Gus Pappas
said that from time to time the Council makes decisions
without having an ordinance . Council agrees without a vote
or ordinance and then there are questions as to why staff
has done what they did . This directive best explains what
the staff is to do and gives the instructions . Councilman
Spence said the State does not mow and Highway 78 is one of
the most traveled streets through Wylie at the present time .
Mayor Pro Tem Hughes said most of the compliants come from
citizens who have received letters for weedy lots . These
citizens want to know why the City does not keep their
right-of-ways mowed , Highway 78 to the citizens is not a .._,
State right-of-way but a City right- of-way . Motion was
made by Councilman Gaston to approve the Council Directive
No . 1 . Seconded by Mayor Pro Tem Hughes . The vote was as
follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in
favor , Councilman Simmons - in favor , Councilman Spence - in
favor , Councilman Martin - in favor , Councilman Fulgham - in
favor , and Councilman Gaston - in favor . This motion
carried with all in favor .
APPROVAL OF POLICY STATEMENT ON COUNTY ROADS : There being
no questions , a motion was made by Mayor Pro Tem Hughes to
approve the policy statement on County Roads . Seconded by
Councilman Fulgham. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Huhges - in favor , Councilman
Simmons - in favor , Councilman Spence - in favor , Councilman
Martin - in favor , Councilman Fulgham - in favor , and
Councilman Gaston - in favor . This motion carried with all
in favor .
AUTHORIZATION TO GRANT PERMISSION FOR CITY STAFF TO ACQUIRE
ADDITIONAL OFFICE SPACE FOR CITY OFFICES : City Manager Gus
Pappas stated the city staff would like to request that they
be allowed to secure additional office space for use by City
personnel on a lease , not longer than one year , nor in
excess of $2500 . 00 per month . We believe that adequate
space can be found for this price . We are in contact with
the property owners of the building on Jackson Street just
(.
south of the Post Office . They are talking about a price in
this general area. This step would do much to relieve the
current tension level of City hall employees and would no
doubt increase our operating efficiency .
After some discussion on whether to move part or all of the
office staff for City Hall , the Council gave this option to
the City Manager . Motion was made by Councilman Gaston to
grant authorization for additional office space . Seconded
by Mayor Pro Tem Hughes . The vote was as follows : Mayor
Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman
Simmons - in favor , Councilman Spence - in favor , Councilman
Martin - in favor , Councilman Fulgham - in favor , and
Councilman Gaston - in favor . This motion carried with all
in favor .
APPROVAL OF OPERATIONS CONTRACT WITH NORTH TEXAS MUNICIPAL
WATER DISTRICT : The body of this document' refers to annual
budgets , although in the past this document had been from
February to February , staff believes this should be for the
budget year . City Manager Gus Pappas said it was his
understanding that the conclusion reached at the last
meeting was that this extension did not speak to any
agreement involving the new plant or the City of Wylie
hiring it ' s own engineer for the design phase of the new
plant . If my understanding is correct , it is my desire that
the Council clarify this issue .
Councilman Gaston said he had wanted to see some reports
from North Texas Municipal Water District before the Council
signed another contract .
City Manager Gus Pappas said if by letter the Council voted
to extend the contract through September 1986 and to request
copies of any correspondence from the State of Texas in
regards to the sewer treatment plant be sent to the Council .
Councilman Gaston said he wanted a monthly report from NTMWD
showing number of hours spent at the plant and showing where
Mr . Windham has inspected this plant while NTMWD crew was on
the plant site .
Councilman Gaston also wanted to know if NTMWD had ever
taken out a building permit or any type of permit for all
their expansions . City Manager Gus Pappas said not to his
knowledge nor did any of the City records indicate a permit
of any type in their name .
Motion was made by Councilman Simmons to extend the contract
with NTMWD through September 1986 . Seconded by Councilman
Martin . The vote was as follows : Mayor Akin - in favor ,
Mayor Pro Tem Hughes - in favor , Councilman Simmons - in
favor , Councilman Spence - in favor , Counciman Martin - in
208
favaor , Councilman Fulgham - in favor , and Councilman Gaston
- in favor . This motion carried with all in favor .
CONSIDER AWARD OF BID FOR TWO (2) CJ7 JEEPS : These jeeps
are for meter reading and development inspections . They are
included and approved in the 1985-86 budget . Letters were
sent out to several dealers in the Dallas Metroplex area and
only one bid received . This bid was from Les Tucker
Oldsmobile , AMC-Jeep-Renault in the amount of $8 , 836 . 75 per
each jeep . The total price for two jeeps would be
$17 , 673 . 50 . Staff recommends the award of bid going to this
company . Motion was made by Councilman Fulgham to award the
bid to Les Tucker Oldsmobile in the amount of $17 , 673 . 50 .
Seconded by Councilman Simmons . The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor ,
Councilman Simmons - in favor , Councilman Spence - in favor ,
Councilman Fulgham - in favor , and Councilman Gaston - in
favor . This motion carried with all in favor .
AUTHORIZATION TO ENTER IN TO LEASE/PURCHASE AGREEMENT FOR
COPIERS : Staff is requesting that the City Council
authorize us to enter into negotiations with copier
manufacturers and lease/purchase firms to acqurie some of
the budgeted copiers for our smaller departments . These
copiers will not be in the bid requirement range and I can
negotiate these purchases quickly and have the equipment
soon . Motion was made by Mayor Pro Tem Hughes to grant --
authorization to enter in to lease/purchase agreement for
copiers . Seconded by Councilman Fulgham. The vote was as
follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in
favor , Councilman Simmons - in favor , Councilman Spence - in
favor , Councilman Martin - in favor , Councilman Fulgham - in
favor , and Councilman Gaston - in favor . This motion
carried with all in favor .
AUTHORIZATION TO EXPEND FUNDS FROM CITY COUNCIL BUDGET FOR
OFFICE SPACE AND TO TRANSFER FUNDS FROM THIS ACCOUNT INTO
VARIOUS OFFICE EQUIPMENT ACCOUNTS : Since the Council has
agreed to allow city staff to move into temporary quarters
until which time the new city hall will be built , it is
necessary for this transfer of funds . The transfer will
come from account no . 10-100-101-02520 building lease rental
and will be distributed to office furniture accounts and
will be in the amount of approximately $14 , 000 . 00. This
funriture and equipment being purchased will transfer to the
new city hall when it is completed . Motion was made by
Councilman Simmons to approve the transfer of funds .
Seconded by Councilman Fulgham. The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor ,
Councilman Simmons - in favor , Councilman Spence - in favor ,
Councilman Martin - in favor , Councilman Fulgham - in favor ,
and Councilman Gaston - in favor . This motion carried with
all in favor .
AUTHORIZATION OF REIMBURSEMENT OF OVERSIZING COSTS FOR
SANITARY SEWER LINE IN THE POINTE NORTH ADDITION : This
request for payment in the amount of $4 , 387 . 70 is consistent
with current City policy and has been verified by the City
Engineer . Such oversizing cost is paid by the water and
sewer impact fee and the staff recommends approval . Motion
was made by Councilman Fulgham to grant authorization for
reimbursement of oversizing costs for sanitary sewer line in
Pointe North Addition . Seconded by Councilman Simmons . The
vote was as follows : Mayor Akin - in favor , Mayor Pro Tem
Hughes - in favor , Councilman Simmons - in favor , Councilman
Spence - abstained , Councilman Martin - in favor , Councilman
Fulgham - in favor , and Councilman Gaston - in favor . This
motion carried with six (6) in favor and one (1) abstained .
CITIZEN PARTICIPATION : Mr . Stanley Moussa introduced his
daughter , who has joined his firm in Dallas . She will be
working in the Wylie area .
COUNCIL DISCUSSION : Councilman Gaston wanted to know if
there had been any word on the shelves for the library .
City Manager Gus Pappas said no . The staff will have to
take the next bid and then file charges on the bidder who
has not complied with his bid .
Councilman Gaston also wanted to know what type of antenna
-w was put on the ambulance for $100. 00 . City Manager Gus
Pappas said there has been an agreement that the city take
care of the radio repairs for the ambulance . This is just
one of the items the city had to take care of and this was a
standard antenna used in this type of equipment .
Mayor Pro Tem Hughes said he was embarrassed and felt boxed
in at the meeting of the new city hall . Mayor Pro Tem
Hughes said he thought it was the Councils backing that had
directed staff to go out for bids . Now, that staff has gone
out for bids , the Council wants to go to the people with a
vote and bond issue .
Mayor Akin said it was because we had to go to the people ,
before the Council went into debt .
Mayor Pro Tem Hughes said he thought we would just send out
letters to the people but now it is a full election and we
are set back at least a whole year .
Mayor Akin said he kept saying it was his personal opinion
to go to the people .
Mayor Pro Tem Hughes said if he had voted against the
election , then he would have been voting against the Ilayor .
Councilman Simmons said three contractors have called him
and are very upset because they say we did not give them a
chance . That the City mislead them.
Councilman Spence said he would like to see the staff show
the actual costs of city hall and ask the people to sign
their name and address and give their opinion . Councilman
Spence also said when he left the meeting , he felt city hall
was a dead issue .
Councilman Gaston said two people have told him because of
the location , they would vote no for a bond issue .
Councilman Gaston also said he did not see the difference in
the bank building and in this new building . They are both
one million dollars plus .
Mayor Akin said the bank building was for $600 ,000 for the
building . The other expenses took it up to over one million
dollars .
Councilman Spence said would it be an April election and he
had thought it would be in January . City PMlanager Gus Pappas
said yes for an April election , that it was talked about
having it in January but you have to call for an election 60
days prior to the election date . You can call for an
election in February if the Council so desires .
Councilman Martin said the only thing he is after is a
simple approach to reach the people and get their opinion .
Councilman Martin said he was not for a bond election .
Councilman Gaston said to give the people a vote on their
water bills for a lease purchase - no tax increase and then
go with the building .
Council agreed upon a breaksfast and work session on
Saturday morning at 9 : 30 AM October 26 , 1985 .
City Manager Gus Pappas and Mayor Akin met with the Mayor
and some of the Councilmembers of the City of St . Paul . It
appears that St . Paul has taken another turn in their
approach with Wylie . St Paul has gone one step further in
being a City . They are offended by the annexations Wylie is
doing around the lake . This annexation is all Federal Land
or lake and does not take any tax money from St . Paul . If
Wylie backs off then that land will sit there and will not
be in any city . Probably unlikely it will every be in the
City of St . Paul . St . Paul will have to become a Home Rule
City and the potential to reach Home Rule is very limited
for them. St . Paul also discussed the sewer treatment
contract with us . They believe it is a good contract , but
it cost to much . In our agreement to St . Paul , we new they
could not put money up front , but would add a certain
number of customers each year . We made a minimum charge on
. F
.,
1 ,000 customers . We give them three connection points . Our
,.,.._ cost for putting in large enough lines to handle the St .
Paul sewer is three million dollars . Their minimum charge
to us will not pay for our expenses that we will have to put
up front . St . Paul does not have the experience to deal
with cost and growth like Wylie does . St . Paul wants to
have a contract with Wylie like Garland has with Sachse and
Rowlett . The difference here is Rowlett and Sachse are
working cities .
City Manager Gus Pappas gave a report on the City of Sachse
wanting to place the boundary lines between the two cities .
The only problem there is Sachse is doing all the taking and
Wylie is doing all the giving . Part of these boundaries
will work but some of the areas , Wylie is already in and
Sachse wants us to back away . As of this date , there has
been no real boundaries set between the two cities .
Motion was made to adjourn with all in favor .
Mayor
A`T'TES�' .�
-,. Carolyn J n s , Secretaryi,_...... 11:: i:.1:kin ,
:141"3
r ; 'E. To(
'/7111 nuWq►N��