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05-27-1986 (City Council) Minutes CITY COUNCIL MEETING MINUTES MAY 27, 1986 7 :00 P. M. The Wylie City Council met in regular session on Tuesday, May 27, 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, Mayor Pro Tem Harold Spence, Council members Calvin Westerhof , Sandra Donovan, Lowell Brewster and Joe Fulgham, City Manager Gus Pappas, City Secretary Carolyn Jones, I . W. Santry from Engineering , Finance Director James Johnson, Scott Dorsey of the Wylie News and other citizens. APPROVAL OF MINUTES: Councilwoman Donovan corrected the minutes of May 6 , 1986 to reflect City Manager Gus Pappas statement about the bid award for metering devices as follows : The Steel site is complete except for this one item. The pump building is being built and the pumps being installed . Councilwoman Donovan wanted to know if this tank would be functional and ready when this item is received and installed . City Manager Gus Pappas said yes. Motion was made by Mayor Pro Tem Spence to approve the minutes with the above addition. Seconded by Councilman Westerhof. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor , Councilman Fuglham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . CALL SPECIAL ELECTION ON AUGUST 9 , 1986 TO FILL VACANCY - CITY COUNCIL PLACE ONE: Motion was made by Councilman Fulgham to call special election on August 9 , 1986 to fill vacancy on City Council for Place One. Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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. APPOINTMENT OF CITY REPRESENTATIVE TO THE NTMWD BOARD OF DIRECTORS: Mr. Truett Smith has sent a letter stating his desire to not be reappointed to the position of representative of the City of Wylie to the NTMWD Board. Motion was made by Mayor Hughes to appoint John Akin to serve on the NTMWD Board. Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - abstained, Councilman Westerhof - against, 144 Councilman Brewster - against, Councilman Fulgham - in favor, and Councilwoman Donovan - against. There was no decision on this motion due to a tie. Motion was then made by Councilwoman Donovan to appoint Raymond Cooper to serve on the NTMWD Board. Seconded by Councilman Westerhof. The vote was as of follows : Mayor Hughes - against, Mayor Pro Tem Spence - abstained, Councilman Westerhof - in favor , Councilman Brewster - in favor, Councilman Fulgham - against, and Councilwoman Donovan - in favor. This motion carried with three (3) in favor, one (1 ) abstention and two (2) against. APPOINTMENT TO FILL VACANCY ON PARKS AND RECREATION BOARD: This vacancy was created by the expiration of Retha Tibbals term, which expires July, 1986 . Mrs. Tibbals has stated it is her desire not to be reappointed. Motion was made by Councilwoman Donovan to appoint Willie Benitez to serve for a two year term on the Park and Recreation Board. Seconded by Councilman Brewster. The vote was as follows : Mayor Hughes - against, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with five (5) in favor and one (1) against. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 2 .71 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTARCT 688 : This property is located on East Borwn Street (Old Hwy. 78) . There are three separate tracks involved and the public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Westerhof to approve and sign annexation ordinance for 2 .71 acres out of the Francisco de la Pina Survey. Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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 THE ZONING OF 2 .71 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688 : This property is located on East Brown. The city staff has initiated Single Family 2 Zoning. The Planning and Zoning Commission has heard this petition and recommends SF-2 with a vote of 6-0 . Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed. APPROVE AND SIGN ZONING ORDINANCE FOR 2 . 71 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688 : The recommended zoning for this property is Single Family 2 . Motion was --* made by Mayor Pro Tem Spence to approve SF 2 zoning for 2 .71 acres out of the Francisco de la Pina Survey. Seconded by Councilman Brewster. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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. Councilwoman Donovan wanted to clear up the fact that the church could be in this zoning. City Manager Gus Pappas said that churches could operate under any zoning. APPROVE AND SIGN ANNEXATION ORDINANCE FOR FIVE (5) ACRES OUT OF THE WILLIAM SACHSE SURVEY, ABSTRACT 835 : This property is on the southwest corner of Steel Road and FM 544 . The public hearings have been held and the 20 day waiting period has been satisfied . Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 5 acres out of the William Sachse Survey. Seconded by Councilman Westerhof . The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - 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 THE ZONING OF FIVE (5) ACRES OUT OF THE WILLIAM SACHSE SURVEY, ABSTRACT 835 : This property is located on the southwest corner of Steel Road and FM 544 . The request for zoning for this property is Business 2 . This B-2 zoning is recommended by Planning and Zoning with a vote of 6-0 . Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed. APPROVE AND SIGN ZONING ORDINANCE FOR FIVE (5) ACRES OUT OF THE WILLIAM SACHSE SURVEY, ABSTRACT 835 : The recommended and requested zoning for this property is Business 2 . Motion was made by Mayor Pro Tem Spence to approve and sign zoning ordinance for B-2 zoning for five acres out of the William Sachse Survey. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 23 .49 ACRES OUT OF THE C. ATTERBURY SURVEY, ABSTRACT 22 : This property is located on the northeast corner of FM3412 and FM 1378 and is commonly known as the Cotton Gin site. The public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Mayor Pro Tem Spence to approve and sign annexation ordinance for 23 .49 acres out of the C. Atterbury Survey, Abstract 22 . Seconded by Councilman Brewster. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor , Councilman Westerhof - in favor, Councilman Brewster - in favor, 46 Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. PUBLIC HEARING FOR THE ZONING OF 23 .49 ACRES OUT OF THE C. ATTERBURY SURVEY, ABSTRACT 22 : The city staff has recommended Business 2 zoning for this property. The Planning and Zoning recommends B-2 zoning with a vote of 6- 0 . Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR 23 .49 ACRES OUT OF THE C. ATTERBURY SURVEY, ABSTRACT 22 : The recommended zoning for this property is Business -2 . Motion was made by Councilman Westerhof to approve and sign zoning ordinance for 23 .49 acres out of the C. Atterbury Survey, with B-2 zoning . Seconded by Councilman Fulgham. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - 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. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 2 ACRES OUT OF THE D. STRICKLAND SURVEY, ABSTRACT 841 : This property is located on S. SH78 and is the site of the Wylie Mobile Home Sales. The public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilwoman Donovan to approve and sign annexation —" ordinance for 2 acres out of the D. Strickland Survey. Seconded by Councilman Westerhof . The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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 THE ZONING OF 2 ACRES OUT OF THE D. STRICKLAND SURVEY, ABSTRACT 841 : This property is presented by staff for Business 2 zoning. The Planning and Zoning Commission recommends B-1 zoning with a vote of 6-0 and commented on the fact that they had a desire to protect the approaches to the City. Mayor Hughes opened the public hearing . Mr. Garry Roddy, owner of the property, requested Council to zone this property industrial, as this property joins the Century Business Park and at one time was a part of this plat. There being no other questions or opposition, Mayor Hughes closed the public hearing. APPROVE AND SIGN ZONING ORDINANCE FOR 2 ACRES OUT OF THE D. STRICKLAND SURVEY: The city staff recommends B-2 zoning and Planning and Zoning recommends B-1 zoning . Motion was made by Mayor Pro Tem Spence to approve and sign zoning ordinance ra.1 7 for 2 acres out of the D. Strickland Survey with Industrial zoning. Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carries with all in favor . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 43 .36 ACRES OUT OF THE JAMES MCULMURRY SURVEY, ABSTRACT 629 : This property is located on the east side of FM 1378 and lies between Birmingham Farms and Cresent Cove South. The public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 43 .36 acres out of the James McUlmurry Survey. Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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 THE ZONING OF 43 .36 ACRES OUT OF THE JAMES MCULMURRY SURVEY, ABSTRACT 629 : This proeprty is being presented by city staff for Single Family 2 zoning . There is SF3 zoning on the tract above this and SF2 zoning on the tract below. The Planning and Zoning Commission recommends SF2 zoning by a vote of 6-0 . Mayor Hughes opened the public hearing, there being no questions, or opposition, the public hearing was closed. APPROVE AND SIGN ZONING ORDINANCE FOR 43 .36 ACRES OUT OF THE JAMES MCULMURRY SURVEY, ABSTRACT 629 : The recommended zoning for this property is Single Family 2 . Motion was made by Mayor Pro Tem Spence to approve and sign zoning ordinance for 43 .36 acres out of the James McUlmurry Survey for Single Family 2 zoning. Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 2.09 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688 : This property is located on the west side of E. SH78 and is the site of the salvage yard in that area. The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 2 .09 acres out of the Francisco de la Pina Survey, Abstract 688 . Seconded by Councilman Brewster. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, 148 Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. PUBLIC HEARING ON THE ZONING OF 2 .09 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688 : This property is the salvage yard on E. SH78 and staff presents this for Business - 1 zoning . The Planning and Zoning Commission recommends B-1 zoning with a vote of 6-0 . Mayor Hughes opened the public hearing. City Manager Gus Pappas said this salvage yard could continue to operate under this zoning but would have to comply with the ordinance the city has for salvage yards. If this property sells, the new owner would have to use the property for a business that would be allowed under B-1 zoning. Business -1 zoning does not allow salvage yards . There being no other questions or opposition, Mayor Hughes closed the public hearing. APPROVE AND SIGN ZONING ORDINANCE FOR 2 .09 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688 : This property is recommended for Business - 1 zoning. Motion was made by Councilwoman Donovan to approve and sign zoning ordinance for 2 .09 acres out of the Francisco de la Pina Survey, for Business - 1 zoning. Seconded by Mayor Pro Tem Spence. The -- vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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 THE ZONING OF 456 ACRES OUT OF THE ORPHA SHELBY SURVEY, THE LEROY FARMER SURVEY, AND THE JOSIAH TURNHAM SURVEY: This property is located on the western shores of Lake Lavon and more or less behind Seis Lagos . The request for zoning is for SF-1 , SF-2 , SF-3 , 2F (duplexes) , SFA (townhomes) , MF and B-1 and B-2 . The owner also has plans for parks and green belt and possibly a school. Mayor Hughes opened the public hearing . City Manager Gus Pappas said the property owner Mr . Moussa has requested the approval and signing of the annexation ordinance and the zoning ordinance be held up at this time. Mayor Hughes asked Mr. Moussa why. Mr. Moussa said due to a discussion with the proposed developer of the property. The signing of these ordinances will be on the agenda in a few weeks. Councilwoman Donovan wanted to know if section 6 of this plat was in St. Paul . City Manager Gus Pappas said it could WINO be if St. Paul became large enough to give services such as police, fire and water/sewer. City Manager Gus Pappas said sewer would gravity flow to a lift station then be pumped back into the system in the Cresent Cove Addition. Cost of the sewer will be at the developers expense. The Planning and Zoning Commission recommends approval of the SF1 , SF2 , SF3 , 2F, SFA, MF, Bl , and B2 zoning. There being no other questions or opposition, Mayor Hughes closed the public hearing . PUBLIC HEARING ON THE RE-ZONING OF LOT 1 , BLOCK 17 RAILROAD ADDITION: This property is located on the corner of Second and Marble Streets. The Baptist Church is the owner and they have requested zoning from SF3 to B-1 . Mayor Hughes opened the public hearing . City Manager Gus Pappas said the Baptist Church has the desire to put a school and parking lot in this area. This is the reason for the re-zoning request. There being no other questions or opposition, Mayor Hughes closed the public hearing . APPROVE AND SIGN ZONING ORDINANCE FOR LOT 1, BLOCK 17 RAILROAD ADDITION: The request for re-zoning is for Business - 1 . The Planning and Zoning has heard this petition and recommends approval . Motion was made by Councilman Fulgham to approve and sign zoning ordinance for Business - 1 zoning. Seconded by Councilman Brewster. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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. FIRST PUBLIC HEARING ON ANNEXATION OF 2 .52 ACRES OUT OF THE J. D. SHELBY SURVEY, ABSTRACT 819 : This property is located on 1825 E. FM 544 and is the site of an existing private residence and a business. Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed. FIRST PUBLIC HEARING ON ANNEXATION OF 19 .42 ACRES OUT OF THE L. K. PEGUES SURVEY, ABSTRACT 703 : This property is located on the east side of Hooper Road below Hopper Business Park. This property is unimproved property and will firm the city' s border along the east side of Hooper. Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed . APPROVE AMENDMENT TO FIRE WORKS ORDINANCE NO. 72-20 : This amendment to the fire works ordinance will extend the City' s authority for regulating the sale and exploding of fireworks to our extra territorial jurisdiction (one mile) . The effective date is August 1 , 1986 , this is to be fair as 150 possible to those people who have signed lease contracts for the July holiday. Councilwoman Donovan wanted to know if we could allow the fire works in our ETJ and collect a fee from them. City Manager Gus Pappas said he did not know if the State would allow us to collect a fee. This ordinance is to protect the residents in this area where fire works are sold and bring danger to the area. Councilwoman Donovan wated to know why the August 1 , 1986 date. City Manager Gus Pappas said because most of the fire works dealers have already signed leases on property for the July holiday. Motion was made by Councilman Westerhof to approve and sign amendment to the Fire Works Ordinance No. 72-20 . Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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: Mr. Eddie Wilson of Kreymer Estates wanted to address the council on the interest they have shown in the Kreymer Estates. He owns a tract of land there and the other property owners are not happy with the developers. The developers were to put in good streets and have deed restrictions on the property. The develoeprs are not doing what they said they would do. Mr . Wilson said he wanted the council to know that the property owners are not happy as Mr. Kreymer has said. The residents have written to Mr. Kreymer, but he will not do anything. Mayor Hughes said this is the reason Wylie is trying to enforce the subdivision rules in the ETJ areas. City Manager Gus Pappas said the staff has just recently received some information that was requested some months back. The staff is looking into this. PRESENTATION BY NORTH TEXAS MUNICIPAL WATER DISTRICT: Mr. Carl Riehn made a presentation on the wastewater treatment plant. This was the final presentation as the three engineerings firms gave their presentations a few weeks back. STAFF RECOMMENDATION ON PROPOSED WASTEWATER TREATMENT PLANT: City Manager Gus Pappas said the staff recommends the engineering firm of CH2M Hill for the wastewater treatment plant. Staff also recommends terminating our contract with Waft NTMWD effective Oct. 1 , 1986 . Councilwoman Donovan said with the sewer problems, she is scared to have the City of Wylie take on the job of the wastewater treatment plant. When you look at the cost for all the services, Councilwoman Donovan does not feel the City can obtain the employees to do the job. Mayor Hughes said we are a fast growing City, once we have a plan and start the plan up, then you see results. Councilman Fulgham said immediate decision was needed on the engineering firm. Motion was made by Councilwoman Donovan to go with CH2M Hill engineering firm and for them to work with NTMWD and them come back to Council with the plans and desgin on upgrading our existing treatment plant . Councilman Fulgham said if our engineers are working with them, okay. Mayor Hughes ask if the city would be billed from CH2M Hill and NTMWD. City Manager Gus Pappas said this is most unusual procedure to hire an engineering firm and send them to NTMWD. Carl Riehn said NTMWD has never billed a city for participating in a plan. Councilman Fulgham said if we are paying CH2M Hill, why would we not want our city staff working with them. To leave our staff out is irresponsible to our citizens. Councilman Westerhof said the staff needs to have input on this. Councilwoman Donovan said she would amend her motion as follows : Motion was made to hire CH2M Hill Engineering Firm to work with the city staff and NTMWD on the upgrading of the existing wastewater treatment plant scope and services. Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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. DESIGNATION OF NAME OF NORTH/SOUTH ROAD CONNECTING HILLTOP AND BEAVER CREEK: This item is presented to council to attempt to eliminate some confusion. Beaver Creek Road stops at the entrance of Beaver Creek addition and the continuation is designated as Hilltop. The City already has a Hilltop. Staff is seeking council ' s thought on this. Motion was made by Councilman Westerhof to designate the street as Beaver Creek Road. Seconded by Mayor Pro Tem 152 Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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 . DESIGNATION OF BROWN STREET AND SOUTH BALLARD: This item is placed before you to clear up and designate names on Brown and Ballard. Both of these streets have several names. Motion was made by Councilman Brewster to designate Old 78 and FM 3412 as East/West Brown and Sachse Road as S. Ballard. Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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 FINAL PLAT AND CONSTRUCTION PLANS FOR SOUTH PLACE: The engineering staff has reviewed and recommends this plat. All inspections have been made. Motion was made by Councilman Brewster to approve final plat for construction of South Place. Seconded by Councilman Fulgham. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - abstained, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion --�► carried with five in favor and one abstention. ACCEPTANCE OF PUBLIC IMPROVEMENTS IN EASTRIDGE ADDITION: The engineering staff recommends approval and acceptance of the public improvements in Eastridge. All inspections have been made, and are in compliance with the City' s subdivision ordinance. Motion was made by Councilman Brewster to accept public improvements in Eastridge. Seconded by Councilman Fulgham. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - abstained, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with five in favor and one abstention. APPROVE FOURTH BASEBALL FIELD AS A SCHEDULED FIELD: The WSA has made a request through the Parks and Recreation Board to designate the fourth baseball field as a scheduled field. The reason for this fourth field was due to the citizens wanting to play ball and there was not an open field. With the City' s growth, WSA is having more participation than ever in their sports. WSA needs Council approval to use this fourth field as a scheduled field. Motion was made by Councilwoman Donovan to grant authority to WSA to use the fourth field as a scheduled field. Seconded by Councilman Westerhof. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - 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 . GRANT AUTHORITY TO WSA TO PROHIBIT USE OF BASEBALL FIELDS WHEN DETERMINED TO BE IN POOR CONDITION: WSA has requested the authority to prohibit use of the baseball fields when conditions are poor. This request has come about because the fields were wet and muddy and the players went ahead with their games. This caused considerable damage to the fields . WSA has asked the City to furnish signs stating prohibiting the use of the fields and WSA will be responsible for putting them up when conditions warrant it . Staff will create ordinance for fees when fields are used after the signs have been posted. Motion was made by Councilman Fulgham to grant authority to WSA to post signs prohibiting use of fields when conditions are poor. Seconded by Councilman Westerhof. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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: Mayor Pro Tem Spence wanted to know how the temporary sewer line for Southfork was coming. City Manager Gus Pappas said the last report he had was the line was at B. C. Woods property and the crew went back to Southfork to work on the lift station. REPORT ON RATE CONSULTANTS STUDY OF LONE STAR GAS RATE INCREASE REQUEST: Mr. James Johnson said this request was made in Feb. , 1986 . The proposed rate structure would have resulted in revenues of $32 ,845 .00 . This filling for rate increase is the first one since 1982 for Lone Star Gas. This rate increase was not based on increased gas costs but operational , overhead and administrative costs associated with their Wylie system operations. In Feb. , 1986 there were five major areas that needed additional analysis. These are: 1 . the use of working capital in the rate base by Lone Star Gas; 2 . the inclusion of the 1% adjusted value increment factor or $93 ,743 . in the rate base; 3 . return on equity, Lone Star Gas asked for 15 .08%; 4 . Federal Income Tax deferrals and their proposed handling of the unrestored investment tax credits, and 5 . fair rate of return. In March, 1986 council approved a 90 day suspension of rate change and requested further review and analysis. Mr. Jack Stowe, CPA of Pannell, Kerr and Forester has completed the rate analysis. Mr. Stowe has submitted an increase that would produce $15 ,379 . in additional revenues each year from the Wylie system to off set additional operational expenses . Mr. Stowe said his firm recommends the following : 154 1. The company' s original net investment required to serve the Wylie Distribution System is $367 ,322 VS. $426,189 . requested by the Company. 2 . Based upon the proposed capital structure adjusted for known and measurable changes the Company' s cost of capital per this analysis is 11 .99% . 3 . Under existing rates and a base cost of gas of $3 .4944 per MCF the Company' s adjusted test year earnings are $33 ,068 requiring additional revenues of $15 ,379, to earn the recommended rate of return previously stated, 4 . We recommend the following rate schedule to allow the Company the opportunity to earn our recommended return: Residential - Winter Base Rate Revnue Winter Customer Charge 9 ,123 X 5 .00 = $ 45,615 . Block 1 71 ,602 X 4 .5044 = 322 ,524 Winter Total $368 ,139 . Summer Base Rate Revenue Summer Customer Charge 6 ,165 X 5 .00 = $ 30 ,825 . Block 1 13,832 X 5 .00 = 58 ,847 . Summer Total $ 89 ,672 . Commercial Winter Customer Charge 784 X 8 .00 = $ 6 ,272. Block 1 46 ,141 X 4 .5044 = 207 ,838 . Total Winter $214 ,110 . Summer Base Rate Revenue Summer Customer Charge 488 X 8 .00 = $ 3 ,904 . Block 1 9 ,301 X 4 .2544 = 39,570 Total Summer $ 43,474 . Total revenue from Rates $715 ,395 . Other Revenue 9 ,403 . TOTAL RESIDENTIAL & COMMERCIAL REVENUES $724 ,798 . 1 Cs Mr. James Johnson said staff recommends a rate increase that would reflect $15 ,379 in additional revenues each year from the Wylie system to off set additional operational expenses. Mr. Cook from Lone Star Gas stated that he did not disagree with the rate study that Mr . Stowe did but if the increase is not an adequate one, than Lone Star Gas will be back before three years. Mr. Johnson stated Lone Star Gas is requesting a 15 1/2% return and Mr . Stowe has suggested a 14% return. APPROVE AND SIGN ORDINANCE ESTABLISHING GAS RATE FOR THE CITY OF WYLIE: Mr. James Johnson, Finance Director stated that staff recommends an increase to Lone Star Gas that will produce $15,379 in additional operational expense. Motion was made by Councilman Fulgham to grant a rate increase that would produce $15 ,379 in additional revenues. Seconded by Councilman Westerhof . The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - 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. There being no other business, a motion was made by Mayor Pro Tem Spence to adjourn. All were in favor. a_„x¢+�rstpi sl0F 14/y- )==). Don h u * ' SEAL * g , Mayor sc=2000/ ATTEST: YC/E, ?EXP mmomo Ca olyn o s, C . ec etary