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05-13-1986 (City Council) Minutes 9 J!J CITY COUNCIL MEETING MINUTES MAY 13 , 1986 7 :00 P. M. The Wylie City Council met in regular session on Tuesday, May 13 , 1986 at 7 :00 P. M. in the Community Center of Wylie. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Don Hughes, Council Members Calvin Westerhof, Sandra Donovan, and Joe Fulgham, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson. Councilman Lowell Brewster arrived late. Mayor Pro Tem Harold Spence was absent. Mayor Hughes called the meeting to order and Councilman Westerhof gave the invocation. APPROVAL OF MINUTES: Corrections to April 22 , 1986 minutes per Councilwoman Donovan, under the item Authorization to go out for Bids for Site and Soil Preparation and Jail Equipment and Paving for Municipal Complex, delete statement "nor do they want new facilities. Corrections to April 29 , 1986 minutes per Councilwoman Donovan, under Acceptance of Resignation of Councilwoman Geline Dodd, the statement Mayor Pro Tem Spence made is to be added "He was disappointed in the reception Mrs . Dodd received from around the table and from out side the doors" . Councilwoman Donovan also wanted the comments from First Southwest Investment Co. noted. Mr . Dub Hollaway said leases are a particular financing technique and does not effect cost. There has been several lease purchases for equipment but only one lease purchase for a building. Texas law says one council can not bind a future council to appropriate moneys . This creates problems for the investor in a lease situation because you never are certain if you are going to get repaid in the future years . First Southwest Investment Co. is recommending to the Council to go with a bond issue. Councilwoman Donovan said certificates of obligation are more traditional , more proven and cheaper right now. Mr . Frank Medanich said on the basis of our calculations certificates of obligation are more traditional . Mayor Hughes asked if it cost the City for First Southwest to sell the bonds . Mr. Medanich said yes, there are fees involved. Mr. Medanich said he would estimate those including legal cost and financial cost to be approximately 1 1/4% to 1 1/2% of the total bond. Mr . Medanich stated to the Mayor and Council that it was First Southwest obligation and duty to them to give them their ideals on which is the better way to go. We can structure it anyway 128 the Council so desires including the lease which according to Mr. Hollaway will be a more expense route as far as interest rates. First Southwest recommends at this particular time the Council go with certificate of obligation or general obligation bonds , which we calculate the cheapest. Mayor Hughes asked it this was at this particular time. Mr. Medanich said yes at this particular time. We cannot say what this rate will be two months from now. Mayor Hughes asked for the cost of this project to be read as a matter of record. Finance Director James Johnson said the estimates are - building $1 ,349,804. ; site preparation - $58 ,464 . ; paving - $303 ,946 . ; and jail equipment $75,121 . . This makes a total including insurance and small items under the bid figure such as electric conduit, to be $1,725,480 . Councilwoman Donovan asked the Finance Director James Johnson about the additional jail equipment. Mr. Johnson said he understood the State was requiring more equipment in the jails. The State has a set of rules and we must follow them. Councilwoman Donovan wanted to know if he was talking about the number of cells. Mr. Johnson said the additional equipment that is required to meet the state standards. Councilwoman Donovan said this is one issue she feels we are out of our size category and we are going for 13 cells where as County of Rockwall has a total of 12 . Mayor Hughes said the City of Rockwall has 2 big jail cells and 2 holding cells which they could not get into their complex . Councilwoman Donovan said still Rockwall County has 12 cells and the City of Wylie is going for 13 cells. City Manager Gus Pappas said with the growth we anticipate by the time this is built the City of Wylie could be bigger than Rockwall. The current rate would indicate a population greater than that. Remember 3 cells are for females, 2 cells for juveniles and 8 for males. Councilwoman Donovan said other counties are handling these by having them picked up and transferred. City Manager Gus Pappas said we can transfer them to the County to but it costs us $50 .00 per day or for any portion of a day not including the time and expense of transporting. Councilwoman Donovan also wanted a correction to the Annexation of 173 .5 Acres known as Lake Annexation 12 . Councilwoman Donovan said in order to receive the $30,000 . we have to take 7 parks, if we were to take the parks that surround the immediate Wylie area would we not still have three good parks where citizens could go and have police protection and clean parks. Just not go so far as other parks that are 12 miles or 15 minutes away such as Pebble ,...., Beach or Clear Lake that is 15 .5 miles or 21 minutes away. We have already had since January 1st up through yesterday, 7 calls to East Fork Park by our police department. Each •.'9 yC time we have taken one truck and 4 men it is costing the City $350 .00 each call . City Manager Gus Pappas said depending on where the police start from. Councilwoman Donovan said from the Fire Station. City Manager said you are calculating a police call from the police station. Councilwoman Donovan said from the Fire Station. Mayor Hughes asked if she was talking about fire protection or police protection. Councilwoman Donovan said fire protection. Mayor said we furnish fire protection there even if we do not annex . City Manager Gus Pappas said this lake area has always been in our fire service area. This grant has nothing to do with fire protection. Councilwoman Donovan said we could only take part of the parks and part of the grant money and let some other city have the other areas. City Manager Gus Pappas said there was something that needed to be cleared up. Fire protection - the City of Wylie has been fighting fires as far away as Copeville for a long time. There is no real reimbursement except from a token payment received from County from time to time. That has nothing to do with the Lake Annexations or the contract with the Corp of Engineers . We have traditionally done that for years. The grant we were given is for patrol to a certain number of parks for a certain number of times. If we patrol less times and to less parks, then we can amend that grant for a lesser value. Councilwoman Donovan said all she had was statistics from the fire department. The police would take the same amount of time to get there. City Manager Gus Pappas said not necessarily, the fire truck always leaves from the station and a police car maybe within the city limits and right next to the park. They patrol constantly, they maybe at the park or clear across town when the call is received . There was also a correction to the Ordinance Prohibiting public discussion of any item following a vote of the Council . Councilwoman Donovan said she never intended this ordinance to have a penalty. She just wants to have control over the meetings . Minutes of May 6 , 1986 had the following corrections by Councilwoman Donovan. Award of the bid on Metering Device. City Manager Gus Pappas said these items go to Nortex tank site except for BIF Flow Rate Controller Model 601-6E in the 3 30 amount of $8 ,461 .00 and this goes to the Steel Industrial -•. tank site. Councilwoman Donovan asked it this is the equipment she read in a letter from NTMWD that we had to have in by June 1st. Councilwoman Donovan wanted to know if we had a deadline. City Manager Gus Pappas said he remember seeing the correspondence, but did not remember if it was this item. Councilwoman Donovan asked what the delivery date is. Mr. I . W. Santry said items 1A-E are on 26 week delivery time. City Manager Gus Pappas said we would work on this delivery time. Motion was made to approve the minutes with the above additions by Councilwoman Donovan. Seconded by Councilman Westerhof . The vote was as follows : Mayor Hughes - in favor, Councilman Westerhof - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPOINTMENT TO PLANNING AND ZONING COMMISSION TO FILL VACANCY CREATED BY THE RESIGNATION OF DON MONTGOMERY: Mayor Hughes said the chair would like to made a nomination to appoint Jeff Hall to Planning and Zoning. Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Councilman Westerhof - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . CORRECTION BY THE CITY MANAGER REGARDING SQUARE FOOTAGE CURRENTLY OCCUPIED BY CITY FUNCTIONS: City Manager Gus Pappas said at the last meeting he tried to compute the square footage of the area that would be in the new building . In doing this, he thought the police station to be occupying more area than what they have and he also stated he had figured the chambers to be larger than what they are. The correct amount of square footage in the current facilities are: City Hall 4,258 sq. ft. ; Police Department - 1 ,512 sq. ft. ; 'City Council - 2,380 sq. ft. ; Conference/Inspections 1 ,350 sq. ft. ; which is a total of 9 ,498 sq. ft. The new complex will be 33 ,600 counting the halls. ENDORSEMENT OF PROPOSED MUNICIPAL BUILDING: Mayor Hughes said he would like to see the Council back the municipal complex and would like at this time to read the public announcement into the records. r The City Council would like to let the citizens of Wylie know that they along with others endorse the new Municipal Complex building. -a This building will be for office space for City Hall , Police Station, Jail Facilities , and Council Chambers. This is a much needed building with the growth of the City. Mayor Hughes then asked the Council to sign above their name and for the citizens present to sign . Councilwoman Donovan said at this time she would not sign the endorsement, but if after the election and it if passed , she would support the building. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 31 .862 ACRES OUT OF THE R. D. NEWMAN SURVEY, COLLIN COUNTY ABSTRACT 660 : This property is located on S. SH 78 just south of Century Business Park. This consists of seven (7) separate tracts and is the site of three salvage yards, one of which has been closed. The public hearing required by law have been held and the 20 day waiting period has been satisfied . Mrs . Linda Lott who is the owner of tract 14 said she does not want to be annexed . City Manager Gus Pappas said the salvage yards in regards to zoning is grandfathered but they do have to come up to our ordinance for this type of business. They would have to stay as a salvage yard, the day they changed owners, they would have to comply with the zoning Council puts on this property. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 31 .862 acres out of the R. D. Newman Survey, Collin County Abstract 660 . Seconded by Councilman Brewster. The vote was as follows : Mayor Hughes - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with four (4) in favor, and one (1) against. PUBLIC HEARING ON THE ZONING OF 31 .862 ACRES OUT OF THE R. D. NEWMAN SURVEY, COLLIN COUNTY ABSTRACT 660 : This property is located on S. SH78 just south of Century Business Park. The request for zoning is for Business 2 and Multi-family. The B-2 zoning is for 4 .95 acres known to us as the Minyard property and the remaining to be multi-family. Mayor Hughes opened the public hearing . Chris DiTota of 803 Douglas Drive asked for a definition of B-2 and MF. City Manager Gus Pappas said Business -2 (B-2) strongest commercial zoning we have with outside business sales, except for Industrial . Multi-family (MF) zoning is apartments, duplex, etc . Staff recommended multi-family zoning for this area because it is in the flood plain. 132 Mr. DiTota then wanted to know if this meant Mobile Homes. City Manager Gus Pappas said no, mobile homes has their own zoning and there is a moratorium on mobile home parks. Staff also thought about Industrial , because there is a lot of this type zoning in this area, but after looking at the units acres plan, there was not much multi-family and there was a lot of industrial . Mr. Kevin Burns who resides on 4 .95 Acres has requested the Business-2 zoning and would like to ask Council to grant this zoning . He, himself , would rather see business instead of apartments as you come into the City. There being no other questions, Mayor Hughes closed the public hearing. APPROVE AND SIGN ZONING ORDINANCE FOR 31 .862 ACRES OUT OF THE R. D. NEWMAN SURVEY, COLLIN COUNTY ABSTRACT 660 : This property is located on S. SH78 and is just south of Century Business Park. The zoning recommended for this area is Business -2 on 4 .95 acres and Multi-family for the remainder . Motion was made by Councilman Fulgham to approve and sign zoning ordinance for 31 .862 acres out of the R. D. Newman Survey, Collin County, Abstract 660 , with Business -2 and Multi-family zoning . Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - in favor, .�. Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. PUBLIC HEARING ON 10 .038 ACRES OUT OF THE J. D. SHELBY SURVEY, ABSTRACT 819 AND N. A. ATTERBURY SURVEY, ABSTRACT 1763 , COLLIN, DALLAS AND ROCKWALL COUNTIES: This property is located on E FM544 and is across from the Lake Ray Hubbard Mobile Home Park. The developer has requested Planned Development zoning. Mayor Hughes opened the public hearing. Mr. Gary Edwards one of the members of the Tri-Development Corp. said the plans for for 150 unit ambulatory retirement complex . There will be activities on site for residents, 15% of the property will be actual buildings, a lot of green areas, lawn bowling , pools, nature trail , two story recreation building and dining facilities. There will be a recreation director and nurse on staff plus a kitchen staff. There will be continental breakfast, hot meals at dinner if the residents want. Each building will be connected with a six (6) foot covered walk way. Free transportation to the store, or doctors offices, library or churches. Planning and Zoning Commission recommended 1 1/2 parking spaces per resident, we plan for 2 parking spaces per resident, which are handicap parking. fa1Jti) Mr. Ed Edwards said there would be five (5) buildings, 30 units in each building, and has tried to adhere to all City ordinances. Each building is done in a foreign theme such as France, Greece, Switzerland. Councilman Fulgham asked what type of exterior building . Mr. Edwards said not necessarily brick, but a type of stucco. Councilwoman Donovan wanted to know how many employees. Mr . Edwards ideally three managers, a number of maintenance staff and the kitchen staff. It is hard to say a set number at this time. There will be three emergency systems in each apartment. Councilwoman Donovan wanted to know the age requirement. Mr. Edwards said there would be no age requirement, but they would have to be retired . Councilwoman Donovan wanted to know when this would be completed. Mr. Edwards said as soon as the plans were approved , they would start the project . City Manager Gus Pappas said there would not be dedicated roads, but private drive, this is because there is not enough right-of-way. City Manager Gus Pappas also said if Mr . Edwards is going to use stucco, he will need to state this on the plans in order to get approval . Also on final plans we will need a good line where the three county lines fall with the buildings for law enforcement purposes. Mr . Edwards can not change these plans after Council has approved them. This is presented as a package and must be built as submitted or he will have to come back to the Council . Councilman Fulgham wanted to know the possibility of a thoroughfare coming close to this property or through it in the future. City Manager Gus Pappas said no, staff did look at this for that one reason of the possibility of a thoroughfare. Councilwoman Donovan wanted to know if there would be street signs up. Mr. Edwards said yes, the streets would be named and the buildings numbered . Councilman Westerhof wanted to know if these would be leased or purchased. Mr. Edwards said these would be leased. Fire Marshal Lester Gayler wanted to know if these units would have to have a sprinkler system. City Manager Gus Pappas said yes. 134 Mr. Thomas Maynard of Jackson Street said he has relatives living in this type of apartment and they really do enjoy "^ it. There being no other question, the public hearing was closed. APPROVAL OF CONCEPT PLAN FOR 10 .038 ACRES OUT OF THE J. D. SHELBY SURVEY, ABSTRACT 819 , THE N. A. ATTERBURY SURVEY, ABSTRACT 1763 , COLLIN, DALLAS AND ROCKWALL COUNTIES: This property is located on E. FM 544 and is across from the Lake Ray Hubbard Mobile Home Park. Motion was made by Councilwoman Donovan to approve the concept plan for 10 .038 acres out of the J. D. Shelby Survey, and the N. A. Atterbury Survey. Seconded by Councilman Westerhof . The vote was as follows: Mayor Hughes - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF AMENDMENT TO ORDINANCE NO. 84-12 , THE FEE ORDINANCE OF THE CITY OF WYLIE: This amendment is to establish an amount of the maintenance bond to be posted by a subdivision builder/developer as provided by the Subdivision regulations of the City. This provision has been a part of the subdivison ordinance for a long time, it was never brought forward to the fee ordinance. City Manager Gus Pappas said Mayor Pro Tem Spence would like to see the City take a letter of credit in lieu of the bond. City Manager Gus Pappas said neither is easy to collect on, the letter of credit the developer is fighting you and on the bond, the bonding company will fight you. Staff recommends without question to provide this provision in our fee ordinance, as far as the letter of credit, that will be a Council decision. Councilman Brewster wanted to know what the benefits are to the City. Councilwoman Donovan said if they put in a street and eight months later the street falls apart, the developer will have to make repairs . Councilman Brewster said didn' t we have an inspector on the job. City Manager Gus Pappas said yes, there is an inspector, but there are some things that occur that no inspector can for see. He will call for random samples to be poured , cured and broken, while the streets are being poured. If these pours meet the strength at the time of break, it will be sent to you for acceptance. There is no guarantee that one of the trucks could come in and not be checked and have a bad patch of concrete. Motion was made by Councilwoman Donovan to approve the amendment and to add the letter of credit to the amendment. Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. CITIZEN PARTICIPATION: There was no citizen participation at this meeting . AUTHORIZATION TO GRANT TEMPORARY INSTALLATION OF OUTSIDE TV ANTENNAS AT SOUTHFORK MOBILE HOME PARK UNTIL CABLE TV SERVICE CAN BE PROVIDED TO THE PARK: City Manager Gus Pappas said there is a commitment for cable in a few months and the owners will enforce "no antennas" in the park at that time. Councilman Brewster wanted to know if there can be a time limit on this. City Manager Gus Pappas said the letter received says until cable is in. Councilwoman Donovan said she checked with the cable people and they said 45 days and cable will be in. Can we put 60 days . Motion was made by Councilwoman Donovan to grant temporary installation of outside TV antennas at Southfork Mobile Home Park for sixty (60) days. Seconded by Councilman Brewster. The vote was as follows: Mayor Hughes - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. COUNCIL DISCUSSION: Councilwoman Donovan want an up date on the street program for the repairs to Birmingham. City Manager Gus Pappas said City Secretary has been preparing the tax roll records for the property owners names and addresses. City Engineering and Public Works will be mailing letters . Councilwoman Donovan wanted to know if it was possible for the city mowers to be mowing every day. City Manager Gus Pappas said they have been mowing every day as far as he knew. Councilwoman Donovan wanted to know who was laying the line out FM 544 and did we get a permit from the State. City Manager Gus Pappas said Southfork is laying the line and yes, we had a permit from the State. Councilwoman Donovan wanted to know if the Mayor had spoken to Mr. Forrest John. Mayor Hughes said he has called but has not made contact with him as yet. Councilwoman Donovan 136 said she has talked with Mr. John today and would like to have a meeting with him on Friday. Mayor Hughes said if he wanted to come out that was okay, but he felt Mr. John could have come and talked with him and the council . Councilman Westerhof said that J . W. Akin Lane has had a lot of ground washed away from under the asphalt and from the cemetery, could something be done about this . Mayor Hughes said he had spoken with Mr. Windham and he was going to try and put asphalt in again. Mayor Hughes said this would have to be put on the next agenda, but he would like to see Council give the City Manager authority to hire some experience water/sewer men and put the others back on the street program. The way it is now, we take men off the street patching and put them on the water/sewer line. APPROVAL OF PAYMENT FOR SANITARY SEWER OVER-SIZING COSTS IN THE AMOUNT OF $2 ,603 .60 TO DEVELOPERS OF RUSH CREEK AND OAKS ADDITIONS: The City Engineer has reviewed the cost and his recommendations is to pay the developers $2 ,603 .60 for the over-sizing. Motion was made by Councilman Fulgham to approve the payment of $2 ,603 .60 . Seconded by Councilwoman Donovan. The vote was as follows : Mayor Hughes - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. Motion was made by Councilwoman Donovan to adjourn. Seconded by Councilman Fulgham, with all in favor. # Don ug , Mayor SEAL ATTEST: s Caro yn J nes, C y ecretary