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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