12-09-1986 (City Council) Minutes 63
CITY COUNCIL MEETING
MINUTES
DECEMBER 9, 1986
7 :00 P. M.
The Wylie City Council met in regular session on Tuesday,
December 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 , Sandra Donovan and Chuck Trimble,
City Manager Gus Pappas, City Secretary Carolyn Jones,
Finance Director James Johnson, Code Enforcement Officer Roy
Faires, Candidate Elect William Martin and Kent Crane and
several news media and citizens .
Mayor Pro Tem Fulgham called the meeting to order and gave
the invocation.
APPROVAL OF MINUTES: The minutes for November 10th, llth,
13th, 18th, and 25th were submitted for approval . Motion
was made by Councilman Westerhof to approve the November
10th, llth, 13th, 18th and 25th minutes as submitted.
Councilwoman Donovan made a motion to approve Minutes for
Nov. llth, 13th, and 25th meetings and to correct other
minutes . Both motions died for a lack of a second.
OFFICIAL CANVASS OF DECEMBER 6 , 1986 CITY COUNCIL ELECTION:
Mayor Pro Tem Fulgham opened up the envelope with the
results of the Dec. 6th election. The results were as
follows :
Election Day Absentee
Votes Votes
MAYOR:
Chuck Trimble 436 10
Joe Fulgham 423 19
COUNCIL PLACE 3 :
Chris DiTato 370 8
William Martin 482 21
COUNCIL PLACE 4:
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Marvin Blakey 426 11
Kent Crane 430 18
Mayor Pro Tem Fulgham then read the results of the recount
that was held on Monday, Dec. 8, 1986 :
MAYOR:
Chuck Trimble 445
Joe Fulgham 441
COUNCIL PLACE 4 :
Marvin Blakey 438
Kent Crane 447
Mayor Pro Tem Fulgham commended the Judge and Clerks for
working the election and doing a good job.
Motion was made by Councilman Westerhof to approve the
canvassing of the election with the Mayor seat going to
Chuck Trimble, Council Place 3 to William Martin and Council
Place 4 to Kent Crane. 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.
ADMINISTER OATH OF OFFICE TO NEWLY ELECTED MEMBERS OF THE
CITY COUNCIL BY CITY SECRETARY: City Secretary Carolyn
Jones gave the oath of office for Mayor to Chuck Trimble,
oath of office for Council positions to William Martin and
Kent Crane.
Mayor Trimble thanked all of those who voted and for the
large number that came out to vote.
APPOINTMENT OF PERSON TO FILL VACANCY OF PLACE 1 ON THE
COUNCIL: Motion was made by Mayor Trimble to appoint Marvin
Blakey to Place 1 Council seat. Seconded by Councilman
Westerhof. The vote was as follows: Mayor Trimble - in
favor, Mayor Pro Tem Fulgham - against, Councilman Westerhof
- in favor, Councilman Martin - against, Councilman Crane -
against, and Councilwoman Donovan - in favor. There was no
decision on this motion as the vote was 3 in favor and 3
against.
Mayor Pro Tem Fulgham said he would like to see the Council
consider a person and interview this person prior to placing
someone on the Council .
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Councilwoman Donovan said in order to have a full Council by
January 1 , I make a motion to appoint John W. Akin to Place
1 Council seat . Seconded by Mayor Trimble. The vote was as
follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham -
against, Councilman Westerhof - in favor, Councilman Martin
- against, due to just taking this seat on the Council , I
feel we should meet together and discuss this matter prior
to appointing someone, Councilman Crane - against, and
Councilwoman Donovan - in favor. There was no decision as
the vote was 3 in favor and 3 against .
Mayor Pro Tem Fulgham made a motion to appoint John Morgan
to Place 1 Council seat . Councilman Martin said it was to
early to make a decision and he felt this Council should
meet in a work session and discuss this matter . Mayor Pro
Tem Fulgham withdrew his motion.
Mayor Trimble asked if anyone had a suggestion on meeting to
discuss this or to put it on the next agenda . Councilman
Crane said he was hoping the Council would have a work
session on this and try to work out the differences the
Council has, prior to appointing someone to Place 1 .
ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED COUNCILMEMBER
FOR PLACE 1 : There was no oath of office to be given as
Council did not appoint anyone to Place One.
PRESENTATION TO DECLARE ORDINANCE NO. 86-50 AND ORDINANCE
NO. 86-51 INVALID PROVIDING DEANNEXATION OF PROPERTY: Miss
CaMile Elliot, Attorney, representing Mr. Homer Minyard said
that they feel the time the vote was taken that there was a
conflict of interest . At this time of voting, Mr . Calvin
Westerhof was employed by Kreymer Realty, the fact that
Kreymer Companies did at this time have Mr . Minyards
property listed would constitute a conflict of interest.
Miss Elliot urges the Council to void Ordinance No. 86-50
and 86-51 . If Mr. Westerhof had abstained , there would not
have been four (4) votes .
Mayor Pro Tem Fulgham asked Councilman Westerhof if he had a
realtors license. Councilman Westerhof said no.
City Manager Gus Pappas said he would appreciate Miss Elliot
giving him a letter stating these facts and let the City
Attorney advise Council on this matter.
Motion was made by Mayor Pro Tem Fulgham to table this until
our City Attorney could review this and give Council a
decision and ruling. Seconded by Councilman Westerhof. The
vote was as follows : Mayor Trimble - in favor, Mayor Pro
Tem Fulgham - in favor , Councilman Westerhof - in favor ,
Councilman Martin - in favor, Councilman Crane - in favor,
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and Councilwoman Donovan - in favor. This motion carried
with all in favor.
PRESENTATION REGARDING AMENDMENT TO ORDINANCE NO. 84-27 -
SALVAGE YARD ORDINANCE TO REDUCE ANNUAL FEE REQUIREMENTS:
Mr. Troy Miller owner of Lone Star Foreign Auto Parts
requested the annual fee for Salvage Yards be reduced. Mr .
Miller said he has complied with the Salvage Yard Ordinance
of the City of Wylie except for this $1 ,000 .00 fee. Mr.
Miller told the Council that other cities do not charge this
high annual fee. This fee would make it impossible to say
in business.
Mayor Trimble asked Mayor Pro Tem Fulgham if he was in
office at the time this fee was set. Mayor Pro Tem Fulgham
said he was on Planning and Zoning . Councilman Martin said
any fee is set for the inspections and other things the City
does to maintain services. Councilwoman Donovan asked about
the fee Houston charges. Mr . Miller said $220 .00 with a
renewal fee of $200 .00 per year. Mayor Pro Tem Fulgham
asked if Mr. Miller got the ideal that the Council did not
want Salvage Yards. Mr. Miller said yes, but he was there
before. Code Enforcement Officer Roy Faires said he
presented the ordinance with $250.00 annual fee and Council
changed it to $1 ,000 .00 .
Motion was made by Councilwoman Donovan to re-set the fee to
$250 .00 annually. Seconded by Mayor Pro Tem Fulgham. The
vote was as follows : Mayor Trimble - in favor, Mayor Pro
Tem Fulgham - in favor, Councilman Westerhof - in favor,
Councilman Martin - in favor, Councilman Crane - in favor,
and Councilwoman Donovan - in favor. This motion carried
with all in favor.
PRESENTATION REGARDING COMPLIANCE WITH ORDINANCE NO. 84-27
SALVAGE YARD ORDINANCE: Mr . Lloyd Webb is requesting the
Council to not enforce this ordinance on him, as his lease
is up in September and he will be moving his Salvage Yard.
Mr . Webb said he would like to work with the Council on
this, as he cannot afford to stay in business and comply
with the City Ordinance for Salvage Yards. There is no way
that I can put up a fence and abide by your ordinance.
Councilman Crane asked Mr . Webb if he owned the property.
Mr. Webb said he leased the property and he will be gone by
the end of September. Mayor Trimble asked if when he left
would the yard be put back without any scrape or cars left .
Code Enforcement Officer Roy Faires said he notified each
one of the Salvage Yards of the City Ordinance and he let
them know what was expected and when the deadline was. Mr .
Webb told Council he could not afford to put up the fence
and do all that is to be done.
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Councilwoman Donovan wanted to know if we could pro-rate the
fee and our Code Enforcement Officer could go out and see
that all flammable materials have been removed.
Councilman Crane asked how long this yard had not been in
compliance with our Ordinance. Code Enforcement Officer Roy
Faires said he has not been inside the yard, but has driven
by. The Ordinance gave these people six (6 ) months to come
into compliance.
Councilman Crane said his personal opinion is that Planning
and Zoning and Council has worked hard to enhance the
appearance of Wylie. Councilman Crane said he does not
believe the Council should bend on one, that Council should
take a stand on our Ordinances and up hold them. It would
be very difficult to enforce this agreement when it has been
a problem of getting him to comply now, when within the six
month period he has not complied.
Councilman Martin asked about the grandfather clause. City
Manager Gus Pappas said under the grandfather clause Mr .
Webb could continue to operate his business, but that he had
to comply with our Ordinance with public health and safety,
but he cannot expand his business. The real matter is not
to pick and choose which properties have to uphold our
Ordinances. In the last item, the effect would apply to all
Salvage Yards not just one. Your option will be to amend
the Ordinance for his needs and it will apply to all salvage
yards. Any amendments to this Ordinance will apply to all
salvage yards plus those that might come in after this date.
Mr. Webb said State issues permits for salvage yards and the
City can write to the State and ask them not to issue
anymore permits in the City of Wylie. Councilwoman Donovan
said when we took these properties in and that only the
present owners are grandfathered, you cannot pass this on to
a new owner to have this salvage yard. Councilwoman Donovan
asked if there was any way to amend the ordinance for the
fence. City Manager Gus Pappas said it is granting special
permission for a section of the Ordinance.
Councilwoman Donovan said that this man is going out of
business, we are costing him money and he cannot afford to
stay. City Manager Gus Pappas said that if we grant him
this permission not to comply to our Ordinance, then we are
breaking the law.
Code Enforcement Officer Roy Faires read from the zoning
ordinance where it states the grandfather clause is null and
void upon the sale of the property.
Councilman Crane said we would be violating our laws if we
do not uphold them. Council should not comply with his
request.
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CITIZEN PARTICIPATION: Mr . Homer Minyard, Sachse, Texas,
said it seems like you have two sets of rules. Some for the
people in front some for the people in back. Mr . Minyard
said they showed you proof of breaking the law, if you are
not in the in group you are out. It depends on whose palm
you grease.
Pat Finely of 312 Briarwood, stated I am glad you are going
to study the facts. The Council did not study the facts
about the Barricades. The letters sent by some of the
people in the neighborhood have suggested different things .
One for moving the barricade to Dogwood Court or speed
bumps.
Brian Chaney of 306 Briarwood stated that he just recently
purchased this home, after the letters were sent out, I
would like to see some type of traffic control for this
alley. I can see the need for Woodhollow Court using this
alley, and I believe the traffic is better than what it was
since the barricades have been put up.
Councilman Crane asked Brian Chaney if he had to choose
between speed bumps or the barricade which would he choose.
Brian Chaney said the speed bumps would not be good.
Terry Jones 314 Briarwood said while we argue, traffic has .�.
been slowed down, the traffic is now in our streets and the
children can not play in the front. Put speed bumps in and
try to keep people from using the alley as a street.
Paul Gaddy of 300 Woodhollow Ct.said he was in favor of the
barricade. The alley with inadequate lighting is not a good
thing for a thoroughfare. I have had motorcycles stolen as
well as bicycles from my garage. Selected enforcement, then
move the other barricades in the City.
Donna Turner of 316 Briarwood, I am the last paved driveway
in the alley, I had to wait 20 minutes for a truck pulling a
trailer to back out of the alley. She is for speed bumps.
PRESENTATION REGARDING TRAFFIC CONTROL IN ALLEY BETWEEN
WOODHOLLOW AND BRIARWOOD: Kerry Weeks of 308 Briarwood
brought back to the Council a problem of the barricade. The
City did send out some letters. City Manager Gus Pappas
said the City sent out 29 letters, with 18 replies as
follows: 8 for barricade being left where it is, 5 for
speed bumps, 2 some type of signs, and 3 alternative sites
for barricades. Councilman Westerhof wanted to know if
there was a sign that said "No Thru alley" . Councilman
Martin said it seems that 50% wants barricades and 50% do
not want barricades, but everyone wants some type of
control . Councilman Crane said consider a modern approach
for bumps and review in six months . Councilman Martin said
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when you talk about speed bumps will any of the repair bills
come back to the City. Code Enforcement Officer Roy Faires
said if you put speed limit signs and speed bumps you can
slow the traffic.
David Stephens of 303 Woodhollow Ct. said the City has sent
out two surveys and the result is for barricades, leave this
barricade up for six months.
Kevin Weeks of 308 Briarwood said he did not like the
barricade. You cannot get a fire truck in the alley and you
cannot reach the back of the house from the with front in
case of fire. I live on the corner and catch traffic from
both ways. If we had a case where the TP&L transformer
blows up and they put their truck in there, there is no way
for anyone to get out or around this truck. Speed bumps
will tear up your cars, if you do not obey the speed limit .
Mr. Weeks said some bumps in his alley and in Woodhollow
alley.
Councilwoman Donovan said when we put the barricades up, we
stated that fire trucks could drive through them.
Another citizens stated that two letters were sent out but
not all of us got a letter the first time and that is why
the second letter was sent. Traffic has gotten heavy in the
streets and cars are parking in the streets and there is
more danger with traffic in the streets. Kids play out in
the front. I suggest that speed bumps do not damage your
car. These bumps would take care of the traffic.
Wanda Ellis of 511 Hilltop in front of the High School . Try
getting out of my drive way after 8 :00 A.M. and 3 :oo P.M. .
Twelve years ago my children were in danger because of all
the cars, I tried to get speed bumps and the City said you
could not get speed bumps. The only thing to do is to talk
to the people. If you think you have problems, then go down
Hilltop at 8 :00 A.M. and 3 : 00 P.M. At 10 mph the speed
bumps will tear up your car, the main solution is to talk to
the people and ask them to slow down.
John Pierrel of 604 Stoneybrook said speed bumps are not
really a bad thing but the ones the City put in were two
feet high. There is a speed bumps the size of a brick and
one of this type does reduce the damage problems and they do
slow the traffic down. If you go to speed bumps, this is
the one I would suggest .
Robert Blakey lives across the alley from Mr . Pierrel and
these bumps were most inconvenient. Although they are
inconvenient, they do control the traffic in the alley.
Speed bumps would be good.
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Councilwoman Donovan said at this time, we would like to let
them make the decision. These letters were sent out by -- .
registered mail and only 18 replied . The way I see it, the
majority who responded wants the barricade left up. Can we
put a time limit on this.
Councilman Crane said he was talking about going to the
bumps for six months. Councilman Crane made a motion to
take down the barricade and install speed bumps.
Councilwoman Donovan said I cannot see how we can take it
down, since the people are saying to leave it. Councilman
Crane' s motion died for a lack of a second.
Gerald Jones of 314 Briarwood said move the barricade to
Woodhollow and Dogwood Ct. Then everyone will have the
alley.
Another Citizen said that all the people on Hilltop did not
get letters. This is not one person against another .
Everyone wants some type of control . There are many more
citizens who live off Woodhollow and Dogwood Ct . who have
direct access to the alley and their property.
Councilman Westerhof said he suggested to leave the
barricade for six months and then review. Motion was made
by Councilman Westerhof to leave the barricade for six
months this includes the time it has been up and then
review. Seconded by Councilwoman Donovan. The vote was as
follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham -
in favor, Councilman Westerhof - in favor, Councilman Crane
- in favor, and Councilwoman Donovan - in favor. This
motion carried with all in favor .
City Manager Gus Pappas asked Council if they wanted the
section of the alley not paved to be upgraded for traffic by
leveling it and putting in rock. Council said yes.
APPROVAL OF PRELIMINARY PLAT FOR MOUSSA/SWITZER ADDITION:
This is a preliminary plat for subdivision from three
lotsbeing divided into four lots and does not contain any
internal streets. This item has gone to Planning and Zoning
twice and in both cases there has not been a quorum for a
meeting. In the law there is a phase that states if
Planning and Zoning does not act within a certain time limit
then Council can act. Councilman Crane said there has been
no concern about this property and Planning and Zoning has
felt like this would happen to this property. Councilman
Martin asked Councilman Crane about this since there are no
recommendations from Planning and Zoning. Councilman Crane
said there was no problem, but would like to know if the
City has the opportunity for monies for the perimeter
streets. City Manager Gus Pappas said that they have paid
their portion for the improvements for Kirby Street and if
they have paid for the improvements for Highway 78, he was
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not for sure. This could be a condition of your approval
that those fees must be paid.
Motion was made by Mayor Pro Tem Fulgham to approve the
preliminary plat for Moussa/Switzer Addition. Seconded by
Councilman Westerhof. The vote was as follows: Mayor
Trimble - in favor, Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor , Councilman Crane - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor.
APPROVAL OF FINAL PLAT/CONSTRUCTION PLANS FOR MOUSSA/SWITZER
ADDITION: This is the final plat that was discussed in the
above item. Again, there was no quorum at the Planning and
Zoning meeting when this item was on the agenda. After a
certain period of time, Council can act on items when they
have not been before Planning and Zoning. Motion was made
by Mayor Pro Tem Fulgham to approve the final plat for
Moussa/Switzer Addition. Seconded by Councilman Martin. The
vote was as follows : Mayor Trimble - in favor, Mayor Pro
Tem Fulgham - in favor, Councilman Westerhof - in favor ,
Councilman Crane - in favor, and Councilwoman Donovan - in
favor. This motion carried with all in favor .
APPROVAL OF ADDITION OF A NEW PARAGRAPH "B" TO SECTION 5-3
"HOLIDAY" TO THE PERSONNEL REGULATIONS OF THE CITY OF
WYLIE: The Personnel Regulations in Section 5-3 list the
number of and the days on which holidays are observed . The
holidays for Christmas state Christmas Eve and Christmas
Day, in most cases this is fine, but this year it would be
Wednesday and Thursday and come back to work on Friday.
Friday will be very unproductive and the addition to the
Personnel Regulations would state two days for Christmas .
Motion was made by Councilwoman Donovan to approve the
addition of a new paragraph "B" to Section 5-3 "Holiday" to
the Personnel Regulations of the City of Wylie. Seconded by
Councilman Westerhof. The vote was as follows: Mayor
Trimble - in favor, Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor , Councilman Crane - in
favor,and Councilwoman Donovan - in favor. This motion
carried with all in favor .
AUTHORIZATION TO PURSUE CONTRACT WITH LONE STAR GAS FOR GAS
MAIN EXTENSION TO NEW MUNICIPAL COMPLEX: The staff is
asking for your authorization to pursue negotiations with
Lone Star Gas for provision for gas service at the new
municipal complex site. At the present time, there is no
gas service for this area. The approximate cost for
extending this line will be $70,000 . The staff is asking
for your authorization to negotiate a contract with Lone
Star Gas to make the installation and pay them back on a
three year payout. The final decision will be the Council ' s
to make. If this contract is not made, the only other
source for heat is to go all electric or butane heat . In
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either case, this would change the contract on the municipal
building. Both electric and butane heating is most costly.
Councilwoman Donovan wanted to know where the $70 ,000 . would
be coming from. Finance Director James Johnson said the
City has talked about pro-rata from other developers as this
area begins to develop. At the present time there are
several who would be interested in getting natural gas at
this time. Councilman Martin wanted to know what size line.
Mr. Johnson said an 8" line. Councilwoman Donovan wanted to
know where in the budget this item was. Mr. Johnson said it
was not in the budget that is why the staff is asking
Council for authority to work with Lone Star Gas on this
problem prior to it coming to Council for a vote.
Councilwoman Donovan wanted to know if Steaks Over Texas was
all electric. Mr . Johnson said no, they were using butane.
Councilwoman Donovan wanted to know what the cost would be
to use electric heat now and then change to gas heat later.
Mr. Johnson said you cannot change from electric to gas
without a large cost because of the way the systems are set
up. Mayor Pro Tem Fulgham said to keep both options open
and negotiate with Lone Star Gas and to have developers pay
their pro rata as they connect onto the line.
Motion was made by Mayor Pro Tem Fulgham to grant
authorization to pursue contract with Lone Star Gas.
Councilman Martin asked Mr . Johnson when the first payment
would be due. Mr. Johnson said this next summer . City
Manager Gus Pappas said there are some ready to tie on to
this line ( i .e. Steaks Over Texas) . Councilman Westerhof
seconded the motion. The vote was as follows : Mayor
Trimble - in favor , Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Councilman Martin - in
favor, Councilman Crane - in favor, and Councilwoman Donovan
- in favor . This motion carried with all in favor.
AUTHORIZATION TO SEEK BIDS FOR CONSTRUCTION MATERIALS FOR
DRYING BEDS AT WASTEWATER TREATMENT PLANT: These beds are
part of the improvements that are needed at our existing
wastewater treatment plant . Motion was made by Councilwoman
Donovan to grant authorization to seek bids for construction
materials for drying beds at wastewater treatment plant.
Seconded by Mayor Pro Tem Fulgham.
Councilman Crane wanted to know if this was just for
materials and the City crews would do the construction.
City Manager Gus Pappas said yes, we have approval from the
State of Texas for these beds and our crews can do them.
They are not meant to be permanent. It will double the
capacity of the beds already out there. Councilman Crane
said being new on the Council , he wondered if this is
something we could contract and leave our crews on other
services. City Manager Gus Pappas said it does present a
dilemma. What we have tried to do, is let the size and type
of job be the deciding factor for the decision of our crew
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or go to private sector for construction. In all cases, if
we can save money by doing the jobs ourselves, than staff
recommends to Council to let City employees do the work.
Mayor Pro Tem Fulgham said Council had made the decision and
instructed staff to use our employees for small projects we
could do. Councilman Martin asked if this project is a
simple project. City Manager Gus Pappas said yes, but when
we do these jobs, it does take us away from other jobs and
we do need more help but we are trying to do what is best
and least expensive for our citizens.
The vote was as follows: Mayor Trimble - in favor , Mayor
Pro Tem Fulgham - in favor, Councilman Westerhof - in favor ,
Councilman Martin - in favor , Councilman Crane - in favor ,
and Councilwoman Donovan - in favor. This motion carried
with all in favor .
AUTHORIZATION TO SEEK BIDS FOR IMPROVEMENTS TO WATER SUPPLY
SYSTEM ON W. KIRBY (W. FM 544) : City Manager Gus Pappas
said one of our industries, which is Hardcast, has been
inspected by a fire insurance company and told there would
have to be improvements to the water system in for their
sprinkler system to operate properly. In order for Hardcast
to continue their fire insurance they have been informed of
several improvements they will have to make. The City has
several dead end lines in this area, but this will be
corrected as development goes in. The City has taken the
posture of having all systems loop together as the
developers put in their subdivision. If the City did not
take this posture, then the cost of looping the system would
be up to the City. The long range plan for the City is for
Westgate to provide a line and pump station in order to
provide the loop around the system. The problem there is
that Westgate has not yet developed this portion of their
property. The problem for Hardcast is the fire insurance
company came out and opened up a fire hydrant and went down
the road to the next fire hydrant and opened it up. This
takes a lot of pressure and when your water system is not
looped, the pressure is not there. The engineering staff
has prepared three alternatives for the Council to consider.
The expected cost of this project will exceed $5 ,000 . and
will require Council authorization. The three alternatives
are:
1) . 12-inch water line extension at a cost of approximately
$60 ,475 .00 ; 2) . 8-inch water line extension at a cost of
approximately $19 ,900 .00; 3) . booster station with a cost of
approximately $12 ,486 .00 . The booster station would be set
up to where the booster pumps would only cut in if the water
supply was needed, such as in case of fire, or at the time
of inspections and the two fire hydrants are opened up.
Staff is asking the Council which way to go and if you feel
Hardcast should participate.
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Mayor Trimble asked which one of the ways did staff
recommend. Mayor Pro Tem Fulgham asked who is causing the
problem, the City or Hardcast . City Manager Gus Pappas said
no one out there has ever complained about the water
pressure, but Hardcast feels the City has a legal obligation
to do this up grading . The City does not have a legal
obligation and could make Hardcast put these improvements on
their property and bear the cost. If staff were to make a
recommendation, it would be the cheapest way. That is
because the best way will come with development. The staff
would not choose a site solely for Hardcast, but a site
around in the area. It is reasonable for the City to demand
some participation on this project .
Councilman Martin wanted to know if Impact Fees could pay
for this. City Manager Gus Pappas said Impact Fees could
pay for this if Council so directed . Finance Director James
Johnson said he disagrees with the City Manager on using
Impact Fees. You should do this job and access the property
owners involved in the area, Impact Fees were designed for
services.
Councilman Crane would like to see the staff design this
project to where the businesses involved pays for it and
the City is not out any money.
Mayor Pro Tem Fulgham said in other Cities, the businesses
have to install water tanks on top of their buildings to
operate their sprinkler systems.
Motion was made by Councilman Westerhof to turn all three
alternatives down and put this back on the business
invovled . Seconded by Councilman Crane.
Councilman Crane said if this action would make other
industries look at this and turn away, then Council needs to
look at the situation again. Councilman Westerhof said this
is the only business that has come to us.
Councilman Martin wanted to know if our ordinances provide
for builders to put in fire protection. City Manager Gus
Pappas said yes, that our ordinances does take care of new
buildings, but this building was put up prior to those
ordinances .
The vote was as follows : Mayor Trimble - in favor, Mayor
Pro Tem Fulgham - in favor, Councilman Westerhof - in favor,
Councilman Martin - in favor, Councilman Crane - in favor,
and Councilwoman Donovan - in favor. This motion carried
with all in favor.
COUNCIL DISCUSSION: Mayor Trimble thanked everyone for
coming and for participating in the election. Mayor Trimble
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also thanked the City for the flowers during their time of
loss .
Councilman Westerhof wanted to know if the City had a sign
ordinance which would take care of all the home made signs
that appear on Highway 78 every weekend. I would like to
see people use professional signs. Also, what salvage yards
are past their six months compliance. Mr . Roy Faires said
all of them were up, and all have been notified and have
been sent copies of the ordinance when they were first
annexed. Councilman Westerhof wanted to know what if
anything could the City do about buildings that have burned .
City Manager Gus Pappas said nothing unless they are in side
the city limits of Wylie. Mr . Faires can declare the
structure unsafe. Then the owners can remodel or tear it
down and rebuild. Sign ordinance needs to be brought before
you. The only ordinance is in your Zoning Ordinance and
does not cover all types of signs.
Councilman Martin said in regards to the burn out on
Masters, is the investigation done and can this be deemed
unsafe. I am also interested in having a work shop, I
believe this Council can work together. City Manager Gus
Pappas said work shops seem to work better on Saturdays.
Councilman Crane would like to see a work shop, first order
of business is to tell the citizens we are going to work
together. After some discussion, a tentative date for work
shop was set for January 10 , 1987 at City Hall .
City Manager Gus Pappas asked if there were any objection
for calling a meeting on December 16th for a few items of
business and a work shop on the rate increase for
water/sewer. If this work shop is in order, then we could
possibly hold the public hearing on December 23rd and pass
the ordinance that same night. After some discussion, it
was decided to hold a work shop on December 23rd and a
Council meeting on December 30th. City Manager Gus Pappas
also stated the Code Book of Ordinances is ready in first
draft form. This will be coming to you after the first of
the year. Sometimes in February or March we will be ready
to publish the Code Book of Ordinances .
RENEWAL OF LEASE AGREEMENT FOR CITY HALL BUILDING AT 108 S.
JACKSON ST. : The lease agreement sent to the City for
renewal is showing a rate increase from $2400 per month to
$2900 per month. The new lease ends on November 30 , 1987 .
Councilman Westerhof said there were three people that own
this building and they know the dilemma the City is in, that
our new complex will be built within the next year and we
need a place to operate. These people live in Plano and
have no interest in Wylie, I know it would be foolish for
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the City to move with the new complex being built, but I
feel this increase is too high.
City Manager Gus Pappas said they made the statement they
gave us a lower rate than what they asked for when we first
moved in. Councilman Westerhof said he does not believe
they would evict us. Councilman Westerhof suggested we go
back to these people and tell them we will continue to rent
with no increase or something reasonable.
Councilman Westerhof made a motion to reject this renewal
agreement and send it back for negotiation. Seconded by
Councilman Crane. The vote was as follows: Mayor Trimble -
in favor, Mayor Pro Tem Fulgham - in favor, Councilman
Westerhof - in favor, Councilman Martin - in favor,
Councilman Crane - in favor, and Councilwoman Donovan - in
favor. This motion carried with all in favor .
AUTHORIZATION TO EXPEND FUNDS FROM MUNICIPAL COMPLEX FUND
FOR DRAW #2 TO SPEED FAB-CRETE IN THE AMOUNT OF $30 ,133 .52 :
Finance Director James Johnson said this is draw #2 on the
work for the Municipal Complex and is for $30 ,233 .52 . Speed
Fab-Crete is over a month behind but that is due to the
weather . Mr. Johnson said he found this draw to be in order
and recommends approval . Motion was made by Mayor Pro Tem
Fulgham to approve draw #2 in the amount of $30 ,233 .52 .
Seconded by Councilwoman Donovan. The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Councilman Martin - in
favor, Councilman Crane - in favor, and Councilwoman Donovan
- in favor . This motion carried with all in favor.
There being no other business, Mayor Trimble called for a
motion to adjourn. Motion was made to adjourn with all in
favor .
SEAL _ = .,..--•�.._�„���,___.___
- ``' Chuc Trimble, Mayor
ATTEST : 01' ,
rolyn n s, ity Secretary