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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 78 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 79 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 80 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 81 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 82 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 83 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 . 84 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 85 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 86 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 ff SEAL ATTEST : -fta/ ium U� Caroly n i y Secretary