12-23-1986 (City Council) Minutes 7 7
CITY COUNCIL MEETING
MINUTES
DECEMBER 23, 1986
7 :00 P. M.
The Wylie City Council met in regular session on Tuesday,
December 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 Chuck Trimble, Councilmembers
William Martin, Calvin Westerhof, Sandra Donovan and Kent
Crane, City Manager Gus Pappas, City Secretary Carolyn
Jones , Code Enforcement Officers Roy Faires, Finance
Director James Johnson, David Medanich of First Southwest, a
representative of the Wylie News and citizens. Mayor Pro
Tem Fulgham was out of town.
Mayor Trimble called the meeting to order and Councilwoman
Donovan gave the invocation.
APPROVAL OF MINUTES: The minutes being submitted are for
the November 10th, llth, 13th, 18th, and 25th meetings.
Motion was made by Councilwoman Donovan to approve the
November llth, 13th, and 25th as submitted and to correct
the November 18th minutes as following:
"In conclusion it is my understanding that the City
Charter of the City of Wylie and the laws of this state
require that all of the expenses of a recall effort are to
be borne by the petitioner' s committee and not the
taxpayers . Before this council votes on whether or not this
Recall Petition should be placed on the ballot, I think the
following questions should be answered .
1 . Who is going to pay for the recall election if one
is held? The taxpayers or the petitioners committee?
2 . Our City Attorney has been required to give legal
advice on this recall matter and should his fees for this
advice be paid by the taxpayers or the petitioner' s
committee?
3 . The City Manager, the City Secretary and the City
Manager ' s Secretary have all spent substantial amounts of
time in various aspects of this recall effort and should the
petitioners committee reimburse the taxpayers for the time
they spent during their regular office hours on any part of
this recall matter?
I ask you as my fellow City Council Members for the City of
Wylie to vote no on the issue of placing this recall
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election on the ballot because the charges even if they were
true, which they are not, simply do not justify a recall
vote.
If you choose to vote to place this matter on the ballot it
will not effect my willingness to work with you as members
of this Council for the betterment of the City. However, I
do intend to pursue this matter as far as it is necessary
including courts, because I believe that the principle
involved is well worth the effort required to continue the
fight. Thank you very much for your kind attention."
Councilwoman Donovan also corrected Mayor Pro Tem Fulgham
statements as follows :
" Mayor Pro Tem Fulgham said regarding attorney' s fees:
all the thousands of dollars of attorney fees that have been
caused by you, Sandra Donovan, over the last months since
April that have been unnecessary."
Councilwoman Donovan also corrected the statement of Mr.
Nichols, Attorney, as follows:
"Mr. Nichols said concerning the expenses, "my opinion
right now is the expenses be paid for by the City, subject
to checking tomorrow."
Councilwoman Donovan also corrected Mayor Pro Tem Fulgham as
follows :
"Mayor Pro Tem Fulgham said to Mr. Nichols, that
citizens may petition the district court to have election
called ."
Seconded by Councilman Westerhof . The vote was as follows :
Mayor Trimble - in favor, Councilman Westerhof - in favor ,
Councilman Martin - no, Councilman Crane - no, and
Councilwoman Donovan - in favor. There was no decision on
this motion with a vote of 3 in favor and 2 against .
After much discussion, a motion was made by Councilman Crane
to approve the November 10th, llth, 13th, 25th minutes as
submitted and approve the November 18th with the above
corrections by Councilwoman Donovan. Seconded by Councilman
Martin. The vote was as follows : Mayor Trimble - in favor,
Councilman Westerhof - in favor, Councilman Martin - in
favor, Councilman Crane - in favor, and Councilwoman Donovan
- against. This motion carried with four (4) in favor and
one (1) against.
APPROVAL OF ANNEXATION ORDINANCE FOR 629 .31 ACRES OUT OF THE
FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688 :
This property is located north of the Texana property on E.
SH78 . All of the public hearings required by law have been
held and the 20 day waiting period has been satisfied.
Motion was made by Councilman Martin to approve and sign
annexation ordinance for 629 .31 acres out of the Francisco
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de la Pina Survey, Collin County Abstract 688 . Seconded by
Councilman Westerhof . The vote was as follows : Mayor
Trimble - 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.
APPROVAL OF ANNEXATION ORDINANCE FOR 279 .0574 ACRES OUT OF
THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688 :
This property is located along and south of W. Brown Street.
All of the public hearings have been held and the 20 day
waiting period has been satisfied . Motion was made by
Councilman Crane to approve and sign the annexation
ordinance for 279 .0574 acres out of the Francisco de la Pina
Survey, Collin County Abstract 688 . Seconded by Councilman
Westerhof . The vote was as follows : Mayor Trimble - 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 .
APPROVAL OF ANNEXATION ORDINANCE FOR 50 ACRES OUT OF THE R.
D. NEWMAN SURVEY, COLLIN COUNTY ABSTRACT 660 : This property
is located south of the Louis Reese property and west of
Muddy Creek, north of the Collin/Dallas county line. The
public hearings have been held and the 20 day waiting period
has been satisfied. Motion was made by Councilman Westerhof
to approve and sign annexation ordinance for 50 acres out of
the R. D. Newman Survey, Collin County Abstract 660 .
Seconded by Councilman Martin. The vote was as follows :
Mayor Trimble - 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.
APPROVAL OF ANNEXATION ORDINANCE FOR 140 .58 ACRES OUT OF THE
J. MITCHELL SURVEY, ABSTRACT 589 , AND WILLIAM PATTERSON
SURVEY, ABSTRACT 716 : This property is bounded on the east
by FM1378 and on the south by Lake Ranch Road . The public
hearings had been held and the 20 day waiting period has
been satisfied . Motion was made by Councilman Martin to
approve and sign the annexation ordinance for 140.58 acres
out of the J . Mitchell Survey, Abstract 589 and the William
Patterson Survey, Abstract 716 . Seconded by Councilman
Westerhof . The vote was as follows : Mayor Trimble - 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 .
APPROVAL OF ANNEXATION ORDINANCE FOR 256 .993 ACRES OUT OF
THE M. SPARKS SURVEY, COLLIN COUNTY ABSTRACT 849: This
property is located along and north of W. FM544 across from
Steel Industrial Park. The public hearings have been held
and the 20 day waiting period has been satisfied . Motion
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was made by Councilman Martin to approve and sign annexation
ordinance for 256 .993 acres out of the M. Sparks Survey,
Collin County Abstract 849 . Seconded by Councilwoman
Donovan. The vote was as follows : Mayor Trimble - 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.
APPROVAL OF ORDINANCE PROVIDING FOR EXTENDED HOURS OF
OPERATION FOR PRIVATE CLUBS AS DESCRIBED IN THE TEXAS LIQUOR
CONTROL CODES: City Manager Gus Pappas said it is required
by law for a private club to request the extended hours of
service, the Texas of State Law will not approve the
extended hours unless the City gives it' s okay. The law
allows you to state that you grant this business the right
for extended hours and each time a private club comes in,
they will have to come before you prior to getting the
extension from the State.
Councilwoman Donovan wanted to know if you could omit
"Steaks Over Texas" and just put private clubs granted
permission for extended hours . City Manager Gus Pappas said
yes, but it would be a blanket ordinance to all clubs.
Councilwoman Donovan said if the other clubs wanted extended
hours for New Years, they cannot get on an agenda in time.
Code Enforcement Officer Roy Faires said as long as the City ._.,
has a blanket ordinance and one of the clubs gives us
problems, we cannot do anything, but if each club has to get
permission, then the City has control .
Councilman Crane said that Planning and Zoning has been
working on a private club ordinance to keep ones like Steaks
Over Texas and not those like the Key Club. Councilman
Crane would like to see more control .
Councilman Westerhof said he would like more control and
would like each club to come before Council .
Councilman Crane wanted to know what days or is it everyday
they can be open with extended hours. Code Enforcement
Officer Roy Faires said the way the law reads they can stay
open every night until 2 A.M.
Councilman Martin wanted to know if the statement made
earlier was that the State can issue this without the City' s
okay. Code Enforcement Officer Roy Faires said the State
will not grant this permit unless the City sends a copy of
the signed Ordinance approving same.
Mr. Larry Hampton representative for Steaks Over Texas said
the extended hours is mainly to keep the people off the
roads between 11 P.M. and 2 A.M. going to Richardson, Plano
or Rockwall . This will help keep the people inside. We
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keep coffee and snacks out. A club is responsible if a
person leaves and has an accident. We are talking about one
hour on Saturday night and two hours on Friday night and
holidays such as New Years Eve.
Motion was made by Councilman Westerhof to approve the
extended hours for Steaks Over Texas. Seconded by
Councilwoman Donovan. The vote was as follows: Mayor
Trimble - 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 .
CITIZEN PARTICIPATION: Mrs. Olympia Margies of 10 Lucy
Lane. Mr. Mayor and Council Members, Mr . Mayor do you
reside at 204 Rushcreek in Wylie. How long have you been
there. I have records that show you have been there for
over 2 years. In Chapter 3 of the Election Code Handbook
for .clerks and judges, it states that the voter must change
his/her address if they move. The name and address have to
be the same as what appears on your voters card, and this
must be the address where you live. One must change their
address within 90 days after you move. If a voter has moved
and has lived there more than 90 days, he must have changed
his address 30 days prior to an election day. I have done
some research and you, Mayor Trimble, are registered in two
precincts, both in precinct 27 and precinct 56 . According
to records in Collin County, you are not registered as a
qualified voter, I am putting this information before the
Council .
APPROVAL OF COLLIN COUNTY PUBLIC WORKS DEPARTMENT
IMPROVEMENTS ON COUNTY BRIDGES ON CR298 AND CR431: The
County wishes to replace the washed out bridge on McMillan
Road and repair the bridge on Troy Road. There is no money
involved for the City, but the city staff wants this and
would ask for your approval . The bridge will be built to
where Wylie can widen it at a later date if needed, and this
would be done by developers in this area. The City staff
has asked Collin County to place this bridge where it will
be in the path of Park Blvd. when it is extended. Staff
recommends approval . Motion was made by Councilwoman
Donovan to approve the improvements on County bridges on
CR298 and CR431 by Collin County Public Works Department.
Seconded by Councilman Martin. The vote was as follows :
Mayor Trimble - 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 .
APPROVAL OF NEW SPEED ZONE ON FM1378 SOUTHWARD FROM FM2514 :
This new speed zone has been requested of us by the State of
Texas and would put a reduced speed zone on this section of
roadway. Motion was made by Councilwoman Donovan to approve
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the new speed zone on FM 1378 southward from FM 2514 .
Seconded by Councilman Crane. The vote was as follows :
Mayor Trimble - 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 OF PARTIAL PAYMENT TO DAWSON CONSTRUCTION
COMPANY: This request is being made by Dawson Construction
for partial payment on work completed at the Nortex Tank
Site. Payment for this construction comes from the impact
fund and this partial payment is in the amount of
$12 ,811.50 . Dawson Construction has requested a partial
payment of $14 ,235 .00 , less 10% retainage until job is
completed. Motion was made by Councilman Westerhof to
approve the partial payment in the amount of $12 ,811 .50 .
Seconded by Councilman Martin. The vote was as follows :
Mayor Trimble - 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.
Mayor Trimble called for a motion to recess the open meeting
and convene into a work shop on the follows :
1 . Staff proposed increases in City water/sewer rates.
2 . Staff analysis/recommendations of sanitation rates.
3 . Creation of City of Wylie Personal Property Finance
Corporation (First Southwest Co. David Medanich.
4. Matters related to the refunding of the City' s water
and sewer bonds.
Motion was made by Councilman Martin to recess open meeting
and convene into work shop to discuss the above items.
Seconded by Councilman Westerhof . All were in favor.
No. 1 Staff proposed increases in City water/sewer rates:
Mr. James Johnson, Finance Director, said that staff was
proposing two rate increases for the Council to work with.
In both cases the staff will be requesting a step rate
instead of a flat rate. AT the present time, the more water
a customer uses, the less he has to pay, so the low user is
paying the highest rates. The impact fund may not be able
to handle the capital improvements in the future and staff
would also suggest a study be done on this fund in order for
the City to be able to keep up with the demands on capital
improvements, it may be necessary to increase the impact
fee. It is very important for the utility rate customers to
not have to pay for capital improvements. The system that
is set up is a good one but we might need to look at it for
upgrading . City Manager Gus Pappas said when the impact fee
was set up, it was a known fact that these fees were not ,.
large enough to pay for the capital improvements that would
be needed. The staff and Council at the time thought that
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these fees would generate approximately $40 ,000 .00 and
anything over that would be passed on to the utility
customers at the time improvements were needed. The Council
can look and study the impact fee and see if they believe it
needs to be upgraded, it has not been studied or raised
since it was adopted several years ago.
Mr . James Johnson said it will be two or three years before
the low impact fee will hit the Council . There is time to
upgrade this fee. Council can look at the impact fee now
and be ready prior to the future getting to us. Council
needs to look at what share they want the developer to pay
and what share they want the utility customers to pay.
Councilwoman Donovan wanted to know how long this study
would take. Mr. Johnson said approximately 90 days .
Councilwoman Donovan wanted to know if taking 90 days for
this study would put us in a bind. Mr. Johnson said no,
this was a separate matter from the water/sewer rates. If
more is put on the developer , then the utility customer will
not have higher rates for capital improvements. This study
will take the information and spread it over the next twenty
(20) years. City Manager Gus Pappas said that the staff can
take the land use plan and work up some figures over this
and give you a report prior to deciding to contract a firm
for a full study. Councilwoman Donovan wanted to know how
much this study would cost . Mr. Johnson said approximately
$20 ,000 to $25,000 . City Manager Gus Pappas said that the
staff has not approached any firm, that our staff has a lot
of information to give and if Council so desires, the staff
can contact a firm and asked for an approximate cost for
this type of study. Councilman Martin said when this
impact fund was created , it was done to help the utility
customer from having to pay for capital improvements due to
development. Mr. Johnson said he was not saying that our
impact fund was not good, but that it needed to be studied.
Councilman Martin said we needed to be fair to rate payers
as well as developers . Mr. Johnson said his concern is
that more of the burden is going to fall on the rate payers
and not the developers. Mr. Johnson said he feels the
impact fee needs an additional $50 .00 added to it now.
Councilman Crane said he would not be opposed to a $50 .00
increase. Councilman Crane said he was very much a
supporter of the impact fee.
Mr. Johnson said staff does not like to recommend higher
rates, but we must increase water/sewer rates in order to
keep up our services. Mr . Johnson said rate 1 is 17 1/2%
increase and will generate $175 ,000 . more revenue over a
year. This is not the only large rate increase you are
going to see. City Manager Gus Pappas said is there a
possibility given the fact we are given more customers,
would we not have to raise rates next fall . Mr. Johnson
said no, we will still have to raise the rates next fall .
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Councilman Crane said what about rate 2 . Mr. Johnson said
that rate 2 is what the staff is recommending and you will
still have to look at another rate increase next fall .
Councilwoman Donovan said does this mean that taxes have to
go up. Mr. Johnson said that utility stands alone and if
Wylie does not get the growth than the taxes may have to go
up. Mr. Johnson said these rate increases will support our
level of service now. City Manager Gus Pappas said that
growth has provided us with more tax dollars for adding more
personnel , but if there is no growth, than taxes could go up
in order to up grade our level of service. Councilman
Martin asked if the wastewater treatment plant had been
mentioned. Mr. Johnson said yes, $46,000 . would be put in
reserve for the new wastewater treatment plant. Mr. Johnson
said the one thing that has been done is to restructure the
reserve funds. These funds are invested and can not be
used.
No. 2 Sanitation Rate Study: The rate we now charge is what
was set up when Moore Industrial first contracted for these
services . Moore did file for a rate increase but could not
back up their increase with records. Again in April , 1986
Moore made another rate increase proposal . Mr. Johnson is
now recommending $7.40 residential rate, Commercial hand
collection up 27% and dumpster rates will increase an
average of 41 .5% depending on container size and number of
times per week service is rendered.
Councilman Crane wanted to know if it would be better for
the City to go back into this business. Mr. Johnson said
yes, but the figures are much higher. City Manager Gus
Pappas said it would be $9 .00 per residential customer and
this just barely covers the cost for getting back into the
business. The biggest problem is the City does not have a
land fill . Councilman Crane wanted to know if the staff had
discussed the proposed rate increase with BFI . Mr. Johnson
said yes, but he believes that Council should not agree to
the rate increase until BFI/Moore takes care of the issues
of the land fill . City Manager Gus Pappas said that BFI has
said that Moore should put back what they did at the old
land fill . BFI is willing to do the work or give the City
the money to do the work. The second issue is the monies
that Moore was to pay us for the lease of the land fill and
the fee on the road repairs leading up to the land fill .
Councilwoman Donovan wanted to know if we agreed to the
rates, and could this become effective if and when would BFI
clear up the issues of the land fill . City Manager Gus
Pappas said he would have to check with the City Attorney
prior to Council taking that type of action. City Manager
Gus Pappas suggested Council to go ahead and schedule the
public hearing and hold this hearing and by that time, staff
will have all the figures to put the land fill back like it
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was and what would be appropriate steps to take in getting
the land fill back like it was.
No. 3 Creation of City of Wylie Personal Property Finance
Corporation (First Southwest Co. , David Medanich) : Mr .
Medanich said the creation of City of Wylie Personal
Property Finance Corp would benefit the City. First appoint
members to work with contractors trying to sell equipment,
the City Manager will work on selling bonds and the City
will maintain all titles on all equipment. The City
presently has outstanding lease purchases and under this new
system, the City can hold the titles to these properties and
at the same time get a better interest rate. Once you have
created the corporation, you are not binding yourself at
all. It can just sit there until the City decides to use
it. It will allow you to use this as bond indebtedness and
not as expenses during the year. It will help on the tax
rate.
Mr . Johnson said this was similar to general obligation
bonds except you do not have to hold an election.
No. 4 Matters related to the refunding of the City' s water
and sewer bonds. One of the primary reasons for doing this
for the future gives us the ability to release the City from
the covenants. If we refinance these and pay all the old
covenants off then we in effect can start drawing new
covenants that are modern. The benefit it has is that we
use more modern accepted practices in terms of that proof
that you have to have to issue bonds.
Mayor Trimble closed the work session and reconvened the
Council into regular session.
AUTHORIZATION TO SET PUBLIC HEARING DATE FOR WATER/SEWER
RATES FOR CITY CUSTOMERS: Motion was made by Councilwoman
Donovan to set the public hearing date for Water/Sewer Rates
for City Customers for January 13 , 1987 . Seconded by
Councilman Crane. The vote was as follows : Mayor Trimble -
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 SET PUBLIC HEARING DATE FOR SANITATION
RATES: Motion was made by Councilman Crane to set the
public hearing date for Sanitation Rates for January 13 ,
1987 . Seconded by Councilman Martin. The vote was as
follows : Mayor Trimble - 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 FOR FIRST SOUTHWEST TO PROCEED WITH
PREPARATION OF DOCUMENTS FOR CITY OF WYLIE PERSONAL PROPERTY
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FINANCE CORPORATION: Motion was made to grant authorization
for First Southwest to proceed with preparation of documents
for City of Wylie Personal Property Finance Corporation.
Seconded by Councilman Martin. The vote was as follows :
Mayor Trimble - 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 PROCEED WITH MATTERS RELATED TO REFUNDING
OF CITY 'S WATER AND SEWER BONDS : Motion was made by
Councilwoman Donovan to grant authorization to proceed with
matters related to refunding of City' s Water and Sewer
Bonds. Seconded by Councilman Martin. The vote was as
follows: Mayor Trimble - 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.
Motion was made to adjourn, with all in
favor.
ovatimuuttio
_ Chuck Trimble, Mayor
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ATTEST :
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Caroly n i y Secretary