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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