09-09-1986 (City Council) Minutes 01
CITY COUNCIL MEETING
MINUTES
SEPTEMBER 9, 1986
7 :00 P. M.
The Wylie City Council met in regular session on Tuesday,
September 9, 1986 at 7 : 00 P. M. in the Wylie Community Room.
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 Pro Tem Joe Fulgham, Council
Members Calvin Westerhof , Chuck Trimble, and Sandra Donovan,
City Manager Gus Pappas, City Secretary Carolyn Jones, Chief
of Police Royce Abbott, Larry Allen, and other citizens.
Mayor Pro Tem Fulgham called the meeting to order and
Councilman Trimble gave the invocation.
APPROVAL OF MINUTES: There being no corrections or
addition, a motion was made by Councilman Trimble to approve
as submitted. Seconded by Councilman Westerhof. The vote
was as follows : Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor .
RESOLUTION SUPPORTING A "NATIONAL ENERGY SECURITY &
CONSERVATION POLICY" AS REQUESTED BY THE GOVERNOR OF THE
STATE OF TEXAS: The Governor is asking for the Council to
support an oil import fee. The Governor believes there is a
need for a temporary variable tariff on imported oil not
only as a means to restore a floor of stability to stimulate
renewed exploration and drilling efforts, but also to
restore the value lost from taxable mineral properties.
Motion was made by Councilwoman Donovan to deny request of
the Governor on a "National Energy Security & conservation
Policy" . There being no second this motion dies.
PRESENTATION BY HOMER E. MINYARD REQUESTING DE-ANNEXATION OF
4 .95 ACRES OUT OF THE R. D. NEWMAN SURVEY, COLLIN COUNTY,
ABSTRACT 660: Mr. Minyard made the state that if the Courts
rule in favor of Sachse and not Wylie this property will be
in Sachse ETJ. There was a restraining order issued on Feb.
15, 1986 against Wylie and the annexation on this property
was not started until March. Mr . Minyard stated that Wylie
was annexing this group of property in order to have control
over the wrecking yards. Mr . Minyard then asked the Council
if anyone has looked behind the car lot on FM 544 and
Highway 78 . Mr . Minyard said the City has stated that there
would be a sewer line crossing the back of his property, but
that the water line would have to be run to this property at
his expense. Mr. Minyard said he was requesting de-
02
annexation, at the time this property was annexed, it was
under contract and the other person signed the papers. Now
Mr . Minyard has the property back and does not want to be a ommilt
part of Wylie. Mr . Minyard stated that he never gave up the
title to this property, and was never contacted about the
property being annexed . City Manager Gus Pappas assured Mr.
Minyard that at the time the notices were sent out for
annexation, Mr. Kevin Burns was shown on the Central
Appraisal District as being owner of this property and
therefore he was notified. Mayor Pro Tem Fulgham stated
that the staff does a detail legal description and search on
property owners prior to doing annexations. This property
has been a part of Wylie ETJ for a number of years.
Councilwoman Donovan asked if this property was part of the
TRO with Sachse. City Manager Gus Pappas said no, this
property was not mentioned in the TRO. Councilman Trimble
asked Mr. Minyard why he did not want to be in the City.
Mr. Minyard said it started during the airport issue. He
was buying water from the City and after the airport issue
the water went up from 85 cents a load to over $6 .00 a load .
Mr . Minyard said he went to Sachse to get water and now he
wants to be in Sachse and not Wylie. Councilman Trimble
asked Mr. Minyard what he was going to do with the property.
Mr. Minyard said the property was up for sale. Mr. Minyard
then stated that the map used for annexation was not
correct, that the creek was in the wrong place. City
Manager Gus Pappas said that the map came from Central
Appraisal District and that annexation are done from legal
description, the maps are used to help people with the
location. Mr. Minyard stated once more that he did not want
to be in the City of Wylie.
APPROVAL OF DE-ANNEXATION ORDINANCE FOR 4 .95 ACRES OUT OF
THE R. D. NEWMAN SURVEY, COLLIN COUNTY ABSTRACT 660 : Motion
was made by Councilwoman Donovan to grant the de-annexation
of the 4 .95 acres out of the R. D. Newman Survey.
Councilman Westerhof said he has reservation due to salvage
yards . The property next to you is a salvage yard and if
your property is de-annexed, you could sell to someone who
would put in another salvage yard, that would not be under
any type of controls. Mr . Minyard said he would not live in
the City of Wylie. The motion made by Councilwoman Donovan
to grant de-annexation dies for lack of a second.
APPROVAL OF ORDINANCE AMENDING ORDINANCE NO. 78-17 TRAFFIC
ORDINANCE OF THE CITY OF WYLIE: This request is to change
the maximum speed limit on street within the corporate
limits of the City from 30 mph to 25 mph unless signs
designating a different speed limit are erected. The City
staff did confer with the Chief of Police on this matter and
he sees no problem with it other than the one that exists
for the 30 mph limit and that problem is one of enforcement.
The City, at this time, does not have the personnel to .
strictly enforce the speed limits whether they be 30 or 25
03
mph. The Chief did state that his officers would make every
effort to enforce the speed limit, whatever it might be, in
the residential areas where there appears to be the more
serious problems. Mayor Pro Tem Fulgham wanted to know if
the City would have to post new signs on each street if the
speed limit was changed. Chief Abbott said yes, the state
traffic code requires that signs be posted if a City changes
from what the state has set aside. The state traffic code
has set 30 mph for residential streets, therefore, if the
Council decides to change this from 30 to 25 mph, then new
signs would have to be posted on all streets within the City
limits. Councilwoman Donovan said she would like to see
signs posted and the speed limit lowered. Chief Abbott said
the best solution is to try to enforce the speed limit
instead of changing it. Councilman Trimble wanted to know
if anything had ever been done about banding parking on the
streets . City Manager Gus Pappas said not to his knowledge
has the City ever acted on the parking on streets. Chief
Abbott said this would keep children from being able to
dart out from behind and between cars, but would not keep
the cars from speeding . Motion was made by Councilwoman
Donovan to approve the ordinance lowering the speed limit
from 30 mph to 25 mph on residential streets. There being
no second, this motion dies.
PUBLIC HEARING ON THE PROPOSED TAX RATE: The proposed rate
for 1986 taxes is 49 cents per $100 of assessed valuation.
City Manager Gus Pappas said the budget and tax rate could
be explained together. The budget has changed to reflect
what the Council requested at the work session. These
changes were, purchase the ambulance service for
$127 ,950 .00 , hire Fire Chief at mid year $40 ,000 , delete the
garage which would have amount to some $70 ,000 . , pick up two
vehicles, $28 ,500 .00 (one police car and one pickup for
public works department) . The only item listed that will
bring in some revenue is the ambulance service. Also , with
the purchase of the ambulance, it will bring in one more
employee, which can be obtained through the ambulance
service now. This one person has come highly recommended to
the City and will work as a full time employee, and we will
also have four (4) part time employees working approximately
20 hours per week. Finance Director James Johnson said the
figure for the ambulance service includes one new ambulance.
Mr . Johnson said he had talked with our financial advisors
and there are several options to look at in the way this can
be purchased. It would appear that First Southwest is going
to recommend a lease purchase plan. Councilman Westerhof
wanted to know why the third ambulance. Mr . Johnson said
the present two have approximately three years service left.
This type of equipment is a high risk equipment. This is
not a revenue making project. After talking with Plano EMS
people, it would be a gamble to go into this without the
third ambulance. Mr . Johnson also stated if the council
decides to go ahead and purchase this business, he will
04
advise them to hire a collection agency. The ratio loss is
very high, although Allen Ambulance Service has a ratio loss
of 20%, which is rare. Councilman Westerhof wanted to know -"
where the service equipment would be housed. City Manager
Gus Pappas said the fire stations . Long range plans are to
give the downtown fire/police station to the fire department
when the new city complex is completed. City Manager Gus
Pappas said that looking down the road, the cost for
combining fire and ambulance is not so great as when you
keep them separate. City Manager Gus Pappas said that staff
recommends the budget fund EMS from its own revenue and what
comes from County, wait on the fire chief until mid year and
wait on the garage until next year. Go ahead and order the
police car , which has to be bid in the fall, but will not be
received until spring, the special purpose equipment from
the Fire Department of $16 ,500 be taken out until mid year,
this still leaves the fire department with over $26,000.
Hold the bids for the pickup until mid year. The budget
will then be balanced and is $4 ,325,250 . and this is
without a tax increase. The budget for the up coming year
is tight and there is little or no room in the budget by
which the Council could elect a special project that is not
budgeted. In checking, a tax increase would not allow the
comfort you are looking for :
raising the tax rate one cent would net $20,000 . more
raising the tax rate six cents would net $120,000 . more
raising the tax rate eleven cents would net $220,000 . .."'"htt
more.
Mayor Pro Tem Fulgham opened the public hearing for the
proposed tax rate, there being no questions or opposition,
the public hearing was closed.
PUBLIC HEARING ON THE PROPOSED BUDGET FOR 86-87 : Mayor Pro
Tem Fulgham opened the public hearing on the proposed budget
for the year 86-87 . A citizen wanted to know if the budget
allowed for increase of population over the next six (6)
months. City Manager Gus Pappas said the services needed
for Southfork Mobile Home Park were engineering, fire,
police and a water tank. The tax revenue from Southfork
Mobile Home Park will not come until the 1987 taxes .
Property is assessed for taxes on January 1 of each year,
the taxes for Oct. 1 , 1986 will be based on taxes levied on
January 1 , 1986 . Cecilia Wood wanted to know on the EMT
if there was any kind of liability insurance. City Manager
Gus Pappas said the staff has estimated the liability
insurance to range from $7200 . to $8100 . but have set aside
$9100 . in the budget. There are several types of insurance
you have to carry with this type of business. —
05
Mr . Minyard thanked Mrs . Donovan and told the council he
would let the judge decide on the annexation.
There being no other questions or opposition to the budget,
Mayor Pro Tem Fulgham closed the public hearing.
PRESENTATION BY MRS. BERTHA HOWREY: Mrs. Howrey lives on
the corner of Butler St. and S. Jackson across from
Chapman' s Restaurant. Mrs. Howrey is concerned about Butler
street in front of her home, she feels this street needs to
be reconstructed, but feels the property owners should not
have the financial responsibility. This is because of the
truck traffic all day and Mrs. Howrey feels the owners of
the truck lines should pay for this portion of Butler
Street . Mrs. Howrey has a list of some 34 different trucks
that use this street. There is no reason for these trucks
to use Butler . Trucks park on both sides of Butler and have
caused traffic problems. When the dumpster is being emptied
at Good Times Mini Market, there is no way for cars to pass
or get through. There are "No Thru Truck Signs" at both
ends of the street. Chief Abbott said he has assigned an
officer the duty of working this section of Butler on the no
truck ordinance. City Manager Gus Pappas said there will be
an amendment to the no truck ordinance due to our present
ordinance states no trucks over 18 ,000 pounds. This is a
rather large truck and should be amended to one ton trucks.
CITIZEN PARTICIPATION: There was none.
APPROVE PRELIMINARY PLAT FOR STREET RIGHT-OF-WAY DEDICATION
ON WESTGATE WAY: This is the plat for the street right-of-
way dedication for Westgate Way off W. FM544 into the
Pennington/Swayze Westgate Retail Development. The Planning
and Zoning Commission and the Engineering staff have
reviewed this plat and recommends approval to Council . This
will be a 100 foot right-of-way with four lanes of pavement
Mr . Swayze wanted Council to lock in the exact location of
this road prior to him preparing his plans. There has been
a lot of talk about where this road would come out on
Highway 78 and he just wants to make sure this is going to
be the right location prior to his final plans. Motion was
made by Councilman Westerhof to approve the preliminary plat
for the street right-of-way dedication of Westgate Way.
Seconded by Councilman Trimble. The vote was as follows :
Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in
favor, Councilman Westerhof - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
ACCEPTANCE OF PERIMETER ROAD AND DRAINAGE FROM SOUTHFORK:
The perimeter streets referenced are McMillan and McCreary
as they border Southfork Mobile Home Park. The Engineering
staff has completed all inspections and tests and recommend
these roads for your approval . Motion was made by
Councilman Westerhof to accept he perimeter road and
06
drainage from Southfork Mobile Home Park. Seconded by
Councilman Trimble. The vote was as follows : Mayor Pro Tem
Fulgham - in favor , Councilman Trimble - in favor,
Councilman Westerhof - in favor. and Councilwoman Donovan -
in favor. This motion carried with all in favor.
ACCEPTANCE OF WATER AND DRAINAGE SYSTEMS FROM RUSTIC RETAIL
ADDITION: The water and drainage system for Rustic Retail
Addition is located on W. Brown at the corner of Cottonwood
and Brown Streets. The Engineering staff has finalized all
inspections and tests and recommend this for your approval .
Motion was made by Councilwoman Donovan to accept the water
and drainage systems from Rustic Retail Addition. Seconded
by Councilman Westerhof. The vote was as follows: Mayor
Pro Tem Fulgham - in favor, Councilman Trimble - in favor,
Councilman Westerhof - in favor, and Councilwoman Donovan -
in favor. This motion carried with all in favor.
ACCEPTANCE OF WATER AND SEWER LINES FROM HOOPER BUSINESS
PARK: This project is a part of what is referred to as
Hooper Business Park and has been installed by Baughman &
Vinson. The Engineering staff has completed all tests and
inspections and recommend it for your approval . Motion was
made by Councilman Westerhof to accept the water and sewer
lines from Baughman & Vinson. Seconded by Councilman
Trimble. The vote was as follows : Mayor Pro Tem Fulgham -
in favor, Councilman Trimble - in favor, Councilman
Westerhof - in favor, and Councilwoman Donovan- in favor. AIN%
This motion carried with all in favor.
APPROVAL OF REIMBURSEMENT OF OVER-SIZING COSTS FOR WATER AND
SEWER LINES IN HOOPER BUSINESS PARK: The Engineering staff
has reviewed the costs for over-sizing and rtccOmends
reimbursement in the amount of $4 ,367 .98. ':,Motion was made
by Councilman Westerhof to approve the reimbursement for
over-sizing in the amount of $4 ,367 .98 . Seconded by
Councilwoman Donovan. The vote was as follows : Mayor Pro
Tem Fulgham - in favor, Councilman Trimble - in favor,
Councilman Westerhof - in favor, and Councilwoman Donovan -
in favor. This motion carried with all in favor.
AUTHORIZATION TO SEEK BIDS FOR FIREMEN ' S SPECIAL CLOTHING:
This is a budgeted item and is for astra jackets, astra bib
overall, knee boots and helmets. Motion was made by
Councilwoman Donovan to grant authorization to go out for
bids for the firemen' s special clothing. Seconded by
Councilman Westerhof. The vote was as follows : Mayor Pro
Tem Fulgham - in favor, Councilman Trimble - in favor,
Councilman Westerhof - in favor, and Councilwoman Donovan -
in favor . This motion carried with all in favor.
AUTHORIZATION TO SEEK BIDS FOR ENLARGING PARKING LOT FOR
SOUTH WYLIE FIRE STATION: This is an additional 20 feet by
131 feet on the North side and 12 feet by 60 feet on the
07
South side of the fire station. Motion was made by
Councilman Westerhof to grant authorization to go out for
bids for the enlargement of the parking lot for the South
Wylie Fire Station. Seconded by Councilwoman Donovan. The
vote was as follows : Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor , and Councilwoman Donovan - in favor. This motion
carried with all in favor .
COUNCIL DISCUSSION: Councilwoman Donovan wanted to know if
an ad could be run in the paper and a note on the water
cards letting the citizens know they must have permits for a
fence, storage building, etc. The citizens need to be aware
of the permits needed prior to letters going out telling
them they will be fined.
City Manager Gus Pappas said there is a request from the
Collin County Public Officials for the Council to attend
their meetings. This is a special meeting honoring John
Akin. They meet on the third Thursday of every month.
There being no other business, a motion was made to adjourn,
all were in favor .
/ o F am, Mayor Pro Tem
SEAL
ATTEST :
4)21E, 'Tel:;
Caroly nes ty Secretary