09-23-1986 (City Council) Minutes 13
CITY COUNCIL MEETING
MINUTES
SEPTEMBER 23, 1986
7:00 P. M.
The Wylie City Council met in regular session on Tuesday,
September 23 , 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, Councilmembers
Calvin Westerhof, Chuck Trimble, and Sandra Donovan, City
Manager Gus Pappas, City Secretary Carolyn Jones, Finance
Director James Johnson, Larry Allen, Patty Griffiths of
Wylie News .
Mayor Pro Tem Fulgham called the meeting to order and
Councilman Westerhof gave the invocation.
APPROVAL OF MINUTES: There being no corrections or addition
to the minutes a motion was made by Councilman Westerhof to
approve minutes of September 9th and 16th as submitted.
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.
PUBLIC HEARING ON THE DEVELOPMENTAL PLAN FOR WYNDHAM
ESTATES, PHASE II FOR PLANNED DEVELOPMENT: The
developmental plans for Wyndham Estates, Phase II is
petitioning for the 2F (duplex) portion to be rezoned to
Planned Development with zero lot line single family homes.
Mayor Pro Tem Fulgham opened the public hearing. City
Manager Gus Pappas stated that there was little or no market
for duplexes. The Planning and Zoning recommend this for
approval with the following stipulations:
1 . The builder would meet a 10 Ft. minimum requirement
between housing units.
2 . Minimum 1000 sq. ft . living area
3 . Houses not attached, built with one wall on lot line
4 . Builder required to fence each property with 6 ft .
wood fence prior to receiving a certificate of
occupancy.
5. Builder meets building codes for SF3 housing
6 . No windows or doors on the zero lot line side
of the dwelling
14
7 . Builder required to clearly display sign, at all
time, stating these are zero lot line houses.
8 . Each house have rear entry, two car garage
9 . Builder required to install guttering on the zero
lot line side of each house
10 . Install two culverts along Brown Street
11 . Renumber the lots to remove the A & B
12 . Grant some flexibility on front fencing requirements
The utilities and streets have already been put in this
development, the developer has no reason to present to
Council both the concept plan an a development plan. This
is the development plan and if passed tonight will give the
developer the approval to begin building.
Mr. Barron Cook stated the Planned Development was being
requested because there is no market for duplexes. Mr . Cook
also stated this section of Wyndham was hard to develop
because of the power line easement that goes through this
area and because of the high traffic on Brown Street.
Councilman Trimble asked about the high traffic on Brown
Street . Mr. Cook said it has a lot of traffic with high
speed.
There being no other questions or opposition, the public
hearing was closed.
APPROVAL OF ZONING ORDINANCE FOR PORTION OF WYNDHAM ESTATES
PHASE 11 FOR PLANNED DEVELOPMENT: The petition for zoning
has been requested for Planned Development instead of the
duplex zoning that was granted earlier. Motion was made by
Councilman Westerhof to approve the zoning for 5 .1 Acres out
of the Wyndham Estates from 2F to Planned Development with
the above stipulations. 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.
APPROVAL OF AMENDMENT TO ORDINANCE NO. 84-12 "FEE ORDINANCE"
FOR CONSTRUCTION METER CHARGES AND DEVELOPMENT WATER
CHARGES: City Manager Gus Pappas said the staff had
discovered several loop holes in our fee ordinance on water
charges. One being the developer does not pay for water
consumed during the time of construction period for his
development, and second the the builders are charged $15 .00
for water consumption during construction of homes and most
of the time this does not cover the water being consumed by
15
the builder. Home builders will be charged a deposit and
sent a water bill each month for their usage. The
Engineering staff will work with the developers in the water
consumption during construction and there is a formula to
apply for their charge. The staff has also included in this
amendment a replacement charge for meter boxes in the amount
of $15.00 and a replacement charge for sewer clean out caps
of $5 .00 .
Councilman Westerhof asked when this ordinance would be in
effect. City Manager Gus Pappas said staff recommends
November 1 , 1986 effective date and to add to section M that
the fees are due upon final acceptance of a development .
Councilman Trimble wanted to know if there was a way of
accounting for input and output on the water system. City
Manager Gus Pappas said not really, the dilemma is we buy
water from four (4) points, each point has a meter that we
could read, but at the same time we would have to read every
meter in town in order to check this. It is almost
impossible to read all the meters in the City in a timely
manner to be able to compare these meter readings. The only
non metered water usage is the water used during fires and
development construction.
Motion was made by Councilwoman Donovan to approve the
amendments to the "Fee Ordinance" as submitted and add the
effective date of November 1 , 1986 and add to section M the
fees are due at the time of final acceptance. 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 .
APPROVAL OF AMENDMENT TO ORDINANCE NO. 78-17 THE "TRAFFIC
ORDINANCE" AMENDING ARTICLE 1V, SECTION 20 "TRUCK ROUTES" :
City Manager Gus Pappas said the amendment to the Traffic
Ordinance is being presented to Council in response to a
complaint from a citizen where trucks were using the streets
with signs posted "no thru trucks" . The amendment to this
ordinance states it shall be unlawful for any truck with a
rating of over one (1) ton and/or any truck trailer or
tractor trailer unit to use, travel upon, or be driven over
any street, avenue, or highway within the City not
designated as a truck route.
Councilwoman Donovan wanted to know if we would change the
signs . City Manager Gus Pappas said the only thing staff is
recommending is to set the tonnage on trucks. Councilwoman
Donovan wanted to have signs posted to show number of axles
and tonnage such as the ones the City of Plano has posted.
City Manager Gus Pappas said this could be done, needed to
change the wording of the Ordinance stating axle and one ton
16
trucks . Mr. Pappas also stated that the one ton was a very
low rating. Mr. Larry Allen said that most delivery trucks
will run one and one-half to two tons with tandem axle.
Motion was made by Councilwoman Donovan to approve the
amendment stating it shall be unlawful for any truck with a
rating of, over two (2) tons with tandem- axle and/or any
truck trailer or tractor trailer unit to use, travel upon or
be driven over any street, avenue, or highway within the
City not designated as a truck route. 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.
APPROVAL OF ORDINANCE ADOPTING THE PROPOSED BUDGET FOR
FISCAL YEAR 1986-87 : The public hearing requirements have
been met and this is the final presentation to you for
adoption. This budget as presented does not reflect a tax
increase to the citizens.
Councilwoman Donovan said that in talking with Finance
Director James Johnson, on the ambulance purchase and
whether or not there is a need for a third ambulance and on
the need of the emergency unit for the Fire Department . Mr.
Johnson said the third ambulance will be the primary
ambulance. The reason is from looking at the Allens records
this is needed. The City will use the two existing 'w
ambulances as back up and the new ambulance on daily calls .
There is no problem with going with lease purchase so long
as we have the new ambulance. Lease purchasing will
questions us on doing this with only used equipment.
Councilwoman Donovan asked Larry Allen how often both
ambulances were out. Larry Allen said not often.
Councilman Trimble asked Larry Allen about the need for the
third ambulance. Larry said not really, Plano only has
three ambulances.
Councilwoman Donovan said if we do not go lease purchase, we
need to fund additional $15,000 . and no new ambulance in
order to purchase this service out right.
Councilman Westerhof said in considering the years of the
ambulances, you should go ahead and purchase this new
ambulance. The two used ones are almost at turn over.
Councilwoman Donovan said why not add to this lease purchase
the emergency unit for the Fire Department.
Mayor Pro Tem Fulgham said why not go ahead and by all the
Police cars, backhoes, tractors and other things we need.
17
Councilwoman Donovan said she was trying to use the budget
to the best we could. Mayor Pro Tem Fulgham said those
m.. figures will only balance the budget.
City Manger Gus Pappas asked Larry Allen if he was going to
send the car out and not a fire truck for wrecks. Larry
Allen said yes, if the people were already out of the
wreckage. City Manager Gus Pappas said he had understood
this car was to be used for a command unit and not just
going out to wrecks. City Manager Gus Pappas then asked
Larry Allen if he had not said the wrecks are a threat to a
fire and you need a truck. Larry Allen said yes. City
Manager Gus Pappas said the policy he has tried to get
started was for the police to be called and they would radio
for fire equipment if it was needed. This policy was not
very popular with the Fire Department.
Councilwoman Donovan asked Larry Allen how many fire
extinguishers would the emergency unit carry. Larry Allen
said two cylinders and one dry powder . Councilwoman Donovan
asked Larry Allen if this would put out a car fire if
needed. Larry Allen said no.
Councilman Westerhof wanted to know when we would be able to
have the full time fire department. City Manager Gus Pappas
said that was hard to say, maybe as soon as next years
budget . Mid year of this coming budget it is planned to
hire a fire chief and one or two men.
City Manager Gus Pappas said the City has not gotten a good
key rate this year. The State dropped the key rate. The
future needs are water/sewer need more people and equipment,
need full time fire department, parks department is dragging
behind as well as the talk of having a full time activity
director for the parks with a full program for all ages.
Councilman Trimble said if the emergency unit will not
replace miles on the fire trucks, he does not believe it is
needed at this time. It would be nice to have later.
City Manager Gus Pappas said the Council will probably see
this in next years budget or maybe as soon as mid year.
City Manager Gus Pappas asked Larry Allen if the City of
Plano had an emergency unit like this. Larry Allen said not
any more they have gone to fully equipped trucks for fires
and emergencies. City Manager Gus Pappas said fire trucks
are good for 20 years and are built with all types of
cabinets for storing equipment for rescue and fire fighting.
Mayor Pro Tem Fulgham said every department got cut on this
budget and he is not for going back and adding to it .
Finance Director James Johnson said the financing people
said it would be close to 30 days before we would have the
18
money for purchasing the ambulance service and money for the
new ambulance.
Councilwoman Donovan wanted to know if we go ahead with the
emergency unit would it be better now. Mr. Johnson said
less money now, but more money at mid year.
Mayor Pro Tem Fulgham wanted to know if the ambulance could
carry any of this equipment. City Manager Gus Pappas said
no.
Councilman Westerhof asked Mr. Johnson if we would need
$4 ,600 . to add this emergency unit. Mr. Johnson said yes,
we would have to move $4 ,600 . into this emergency unit item.
Councilwoman Donovan said she had looked at the budget and
there was several places to get this money from. They could
take it from the Council reserve or she had a list of other
areas.
Motion was made by Councilwoman Donovan to transfer $4 ,600 .
from Council Reserve and add it to the emergency unit and
approve the budget. Seconded by Councilman Trimble. The
vote was as follows: Mayor Pro Tem Fulgham - in favor, but
only because of the need to go ahead and adopt the budget
now, Councilman Trimble - in favor, Councilman Westerhof -
in favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor.
APPROVAL OF ORDINANCE ADOPTING THE TAX RATE FOR THE CITY OF
WYLIE FOR FISCAL YEAR 1986-87 : The required public hearings
have been held and the proposed tax rate is $0 .49 per $100 .
valuation. This is the same tax rate as the past several
years. Motion was made by Councilman Westerhof to approve
and sign ordinance adopting the tax rate of $0 .49 per $100 .
valuation. 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.
PRESENTATION BY MR. LARRY D. RICE OF 2350 COUNTY LINE ROAD
REGARDING HIS CONCERNS ABOUT LAKE RAY HUBBARD MOBILE HOME
PARK: Mr . Rice said he was opposed to the mobile home park
and the storage of sewerage. This system of pumping out
sewerage tanks is not covered in the City Ordinance. I have
talked with engineering about this. I do not believe the
City can haul off the sewerage from this park on a daily
basis. Why did this developer not have to meet the
ordinance.
City Manager Gus Pappas said there is another ordinance, the
Lift Station District Ordinance that covers this .
19
Mr. Price wanted to know why the City does not make the
developer put in a force main. City Manager Gus Pappas said
w_ what makes you think he will not be made to put in the force
main. Mr . Price said because he has looked at the plans and
there is not one. City Manager Gus Pappas said the staff is
working on three routes for the force main and sewer lines.
The developer knows that he owes for the force main or that
he will have to put it in.
Councilwoman Donovan wanted to know if this could be added
to the final plat . City Manager Gus Pappas said the final
plat has already been approved for construction and you can
not add to it after it has been signed. City Manager Gus
Pappas said you still have the final acceptance of public
improvements and at this time you can not accept the
improvements if the developer has not paid his fees or done
the improvements staff has said he will have to do. In the
City of Wylie the final plat has to be approved for
construction but you still have to come back to Council for
final acceptance of the public improvements.
Mr. Price said there was no way the City could handle this
sewerage. Councilwoman Donovan said she agreed with Mr .
Price.
City Manager Gus Pappas said the force main was being done
to accommodate the entire south end of Wylie. If this force
main is taken back up to FM 544 and dumped into the main
sewer line, you can only serve a small area. If the force
main goes across the roadway and back up to the main around
the Southside Fire Station, you can serve the entire south
end of Wylie. The tanks being installed are bigger at this
park then they were at Southfork, and we are working on
getting this line in prior to having to use the tanks.
Mr. Rice said he has no problem if the City is working but
why was the developer not made to put this line in. City
Manager Gus Pappas said the City of Wylie does not do pro-
rata.
Mr . Rice said he feels the City should make the developer
put in these lines and force main that putting in tanks is
breaking provisions in the subdivision ordinance. He feels
this an unsafe solution and should not be allowed.
City Manager Gus Pappas said to do this, first the Council
must resend the Lift Station District Ordinance, de annex
property which cannot be sewered immediately, this would
also mean that the moratorium on mobile home parks would not
do anything for you, pass a pro rata ordinance and the
developer puts in the system and as people tap into this
line the City pays the developer back some of this money.
20
Councilwoman Donovan said from this day forward can this be
made a part of the final plat that the sewer lines have to
be put on line prior to acceptance. City Manager Gus Pappas -•.s,,
said yes, but the City only has two (2) more areas that will
have this problem.
CITIZENS PARTICIPATION: Cecilia Woods of 515 Woodhollow Dr .
stated that on item no. 6 , proposed budget, first of all the
McKinney paper has already printed that Farmersville and
Princeton have signed a contract for ambulance service with
the City of McKinney. The other thing, if an accident
happens by my house, I had rather see a fire truck come to
hose the street down instead of the Emergency Unit. The
second thing is on item 5 , since the police have been aware
of the problems with the trucks, the trucks are finding
other routes. Thank you for your time.
Mike Loftin, 101 Fairmont received a letter from the Wylie
Code Department that his storage building was to close to
the alley. Mr . Faires said this was to close to the alley
and he has to move it. This building was put up in July,
1984 and I just purchased the home six months ago. City
Manager Gus Pappas asked him if he was informed to go to the
Zoning Board of Adjustments. Grandfathering does not apply
to zoning. First prove the date of the installation of the
building and second check to see if this ordinance was
passed before or after this building was put up. If the
building was up after the ordinance then you need to go to �^
the Zoning Board of Adjustments. This board can hear your
case and make a decision on whether you can keep the
building or move it. The next course if they rule to move
the building is to go to District Court for appeal.
ACCEPTANCE OF PUBLIC IMPROVEMENTS IN WESTGATE PHASE 1 : This
property is located on W. Brown Street and is adjacent to
Rustic Oaks. The engineering department has inspected the
public improvements and made all the required tests. The
engineering department is satisfied that this development
meets the subdivision standards of the City and recommend
approval and acceptance. Motion was made by Councilman
Westerhof to approve and accept the public improvements in
Westgate Phase 1 . 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.
AWARD OF BID FOR UNIFORM CONTRACT FOR THE CITY OF WYLIE:
There were six bid packets mailed out, staff received four
bids from the following:
Aratex Services $10 ,240 .00 Annual Cost
Servisco Tex. $ 9,239.60 Annual Cost
21
Unitog Rent Services $12 ,757 .60 Annual Cost
National Uniforms $18,799.80 Annual Cost
After checking each of the bids and the service provided by
each company with their list of references, the staff
recommends the bid be awarded to Servisco, Tex . Motion was
made by Councilwoman Donovan to award bid for uniform
service contract to Servisco, Tex . for an annual cost of
$9 ,239 .60 . 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 .
COUNCIL DISCUSSION: Councilman Westerhof voices his concern
about the Municipal Court. There seems to be a lot of cases
being dismissed . There is a lot of time and paper work in
getting these cases to the court and then to have them
dismissed. Councilman Westerhof said he had talked with
Chief Abbott about this and it has caused a morale problem
with the officers. They do their jobs and then the judge
dismisses the case. Councilman Westerhof would like someone
to speak with the judge about this. Mayor Pro Tem Fulgham
asked Councilman Westerhof to go with him and they would
speak to the judge.
Councilwoman Donovan wanted to know if the ad was ready for
the paper on our permits. City Manager Gus Pappas said a
flyer went out with the water bills but no ad has been put
in the paper as yet. Councilwoman Donovan said the Council
agreed to put the ad in the paper.
Councilwoman Donovan wanted to know where we stood on the
street program, did the letters go out. City Manager Gus
Pappas said letters went out to tell the property owners on
Brimingham from Highway 78 to Kirby, that their street would
not be fixed. The letters went out to Stone residences.
The City crews are working on getting the Birmingham Street
from Kirby to Ballard made ready for reconstruction.
Councilman Trimble wanted to know the status on the DiTato
situation. City Manager Gus Pappas said the pump has been
pulled, the temp pole has not been removed. The system is
working by gravity. The contractor did return and tap this
lift station into the main line, but the developer did not
complete the line as yet like he was to do. The developer
has said he would be back within 10 days to complete the
job.
Councilman Trimble said the staff did some work on the
drainage ditch, is this complete. City Manager Gus Pappas
said he has checked this, there is a problem at one point,
22
and as soon as the developer has finished his job, then the
City will go back to re-do the slops to the drainage ditch.
Councilman Trimble said in the change over for the sewer
treatment plant, are you sure we can do that . Is there any
trouble. Do we need to take the grace period that North
Texas Municipal Water District has offered. City Manager
Gus Pappas said there should be no reason to use the grace
period. There will be problems and a learning time but we
have the crew and should move on.
Councilman Trimble said should we run the plant with North
Texas Municipal Water District for a few weeks. City
Manager Gus Pappas said the treatment plant was already
being checked out, and plans were being brought back for
improvements that were needed plus checking out the site for
the new plant. This has been done. The next step is to
begin what CH2M Hill has sent in for improvements.
Councilwoman Donovan wants the City to ask North Texas
Municipal Water District to help us for a few months.
City Manager Gus Pappas said what is it they can offer that
we do not have. Councilwoman Donovan said knowledge.
City Manager Gus Pappas said are you saying CH2M Hill does
not have knowledge to advise us. Councilwoman Donovan said
no, but they are not hear on a daily basis . - .
City Manager Gus Pappas said there is lot of difference in
the way NTMWD runs the plant and in the way CH2M Hill wants
the plant run. City Manager Gus Pappas said that asking for
NTMWD to stay on for a few months is only going to tell the
city employees that they are not capable. Councilwoman
Donovan said that she is not saying they are not capable,
but that they have never run the entire plant before.
City Manager Gus Pappas said that he has run a plant prior
to coming to Wylie, that James Johnson, I . W. Santry, and
Kenneth Moelling have all run plants before. Mr. I . W.
Santry has taught classes at Texas A & M on sewer treatment
plants. If I remember right, Mr . Santry taught Mr. Carl
Reihn graduate courses. City Manager Gus Pappas stated that
if the Council directs him, he will write to NTMWD and ask
for them to stay with the treatment plant for sixty days.
If this is what the Council wants it will be on the next
agenda for you to vote on. Councilwoman Donovan wanted to
know why it had to be voted on. Two of the Council has
voiced their opinion of wanting it done. Mayor Pro Tem
Fulgham said it would be expending funds from the budget and
therefore would take a vote of the Council . Mayor Pro Tem
Fulgham said one council member can not make a directive to
the City Manager. That it will take a vote of the Council
before a directive can be made.
23
Councilman Westerhof said he fully agreed that if we were
going to ask NTMWD to continue, that it would take a vote of
the Council . If a special session was needed than maybe
that is what we should do. Councilman Westerhof said he was
very disappointed that NTMWD requested to be released from
the operation of the treatment plant, but that he also
believes that the city has employees that are qualified and
capable of running this plant.
City Manager Gus Pappas said it should be pointed out for
the record that he truly believes that the Council could get
NTMWD to take back the treatment plant. I could list out
the course of actions needed for this. Councilman Westerhof
requested to see this list. Councilman Westerhof said that
this should be on the next Tuesday meeting. Mayor Pro Tem
Fulgham said do you mean the next regular Tuesday meeting .
Councilman Westerhof said yes.
City Manager Gus Pappas said the final plans for the new
Municipal Complex have arrived and I would like to ask each
one of you to look at these and give the staff any input you
may have.
There being no other business, Mayor Pro Tem Fulgham called
for a motion to adjourn. Motion was made to adjourn with
all in favor.
I
4OFtna wta►ta
y
CJ
Jo(• gh , or Pro Tem
SEAL
ATTEST: ei-`*
1111A, a Carolyn Z7, y ecretary