05-13-1986 (City Council) Minutes 9
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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