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12-30-1986 (City Council) Minutes 87 CALLED CITY COUNCIL MEETING - MINUTES, DECEMBER 30, 198k 7:00 P. M. The Wylie City Council met in a called session on Tuesday, December 30 , 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, Mayor Pro Tem Joe Fulgham, Council Members William Martin, Kent Crane, Calvin Westerhof , and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones , Finance Director James Johnson, I . W. Santry, Jr. from Engineering Department and acting Public Works Director Kenneth Moelling. APPROVAL OF DECEMBER 9 , 1986 MINUTES : There being no corrections or additions to the minutes, a motion was made by Councilman Martin to approve as submitted. 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 . APPROVAL OF AMENDMENT TO INDUSTRIAL WASTE ORDINANCE 86-80 : Mr . Santry made the statement to the Council , at the time this ordinance was passed , it was noted that there might be some small amendments to it at a later date. Talem, Inc. and the engineering staff recommend the following amendments to the ordinance: Section 16 .2 ,B,5 . The development and execution of reasonable and realistic plans for controlling and abating pollution or potential pollution resulting from generalized discharges of waste which are not traceable to specific sources, such as storm sewer discharges, urban runoff from rainwater, and other non-specific discharges. Section 16.3 ,C. Except as hereinafter provided, no person shall discharge or cause to be discharged into the sanitary sewer or drainage system of the City, or to the waters of the State of Texas, directly or indirectly, any of the following described matters , water , wastewater , or wastes: Section 16 .3 , C, (13) Acids or alkalines capable of causing damage to sewage disposal structures or 88 personnel or having pH value lower than 6 .0 or higher than 9 .0 ^* Section 16 .3 , D Unless an exception is granted by the City, the city' s sanitary sewer system shall be used by all persons discharging domestic wastewater, industrial wastewater and other polluted water in accordance with this ordinance and other ordinances of the City. Section 16.4 , B The City is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0 .76 hp metric) or greater as part of the permit application for a plumbing permit . Mayor Trimble wanted to know if there would be any problems from the narrowing of the pH range. Mr. Santry said no, this was what the State Health Department and the Texas Water Commission Board wanted it to be. Councilman Crane wanted to know if these changes would allow the City to enforce the issue of control to the persons not complying with our ordinance. Councilman Martin wanted to know if this does or does not control any dump sites that run into our system. City Manager Gus Pappas said no, this is just on our sanitary sewer system. Councilman Martin wanted to know about dumping on top of the ground. Mr . Santry said this was illegal anyway. City Manager Gus Pappas said the main body of this ordinance is aimed at pollution. Mr . Santry said a lot of small industries are having materials picked up and the trucks are trying to dump where ever they can. This is a problem the City of Wylie has been watching . Motion was made by Councilwoman Donovan to approve the above amendments to Ordinance No. 86-80 . 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. CITIZEN PARTICIPATION: There were several citizens present at the meeting , but no one wished to speak. PRESENTATION RELATIVE TO PARKING AT SOUTHFORK MOBILE HOME PARK : Mr. Bill Burge, park manager at Southfork Mobile Home ., Park, resides at 386 Sue Ellen is asking the Council to post no parking signs along McCreary Road and McMillan Road. People are parking large trucks and cars there at night and 89 in the morning when we are trying to bring in mobile homes, it is impossible to make the turn into Southfork. City Manager Gus Pappas said there are two lanes of pavement which was cut down and installed by Southfork Mobile Home Park. When one of these lanes has cars or trucks parked on it, then there is only one land for traffic going and coming. City Manager Gus Pappas stated if the Council wanted , there would be a no parking ordinance on the January 13th agenda. AUTHORIZATION TO SEEK BIDS FOR RADIOS FOR NEW SQUAD CARS: This is a budgeted item but does require staff to seek bids . Motion was made by Mayor Pro Tem Fulgham to grant authorization for staff to seek bids for radios for new squad cars. Seconded by Councilman Martin. 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 PROCEED WITH WIDENING OF PAVEMENT FOR STREET RECONSTRUCTION PROJECT IN WYLIE RANCH EAST: Mr . Feivor of 315 Callie Court has come before the Council to ask Council to widen and reconstruct the two streets that are within Wylie Ranch East addition. City Manager Gus Pappas said at the time this ETJ plat was approved, the roads were dedicated to the City of Wylie and we are responsible for patching them. Mr . Feivor said that the City accepted the streets 7 years ago and now they are in much need of repair. The homeowners are willing to participate with the City in reconstructing these two streets . Councilwoman Donovan wanted to know why this has not been annexed. City Manager Gus Pappas said because they do not want to be a part of the City of Wylie. There is a law that was just recently passed that says a City cannot surround a parcel of land and not annex it. Since the City has surrounded this subdivision, Council will have to annex it in the very near future. Councilwoman Donovan wanted to know if there is a time frame on getting these roads reconstructed. City Manager Gus Pappas said no. There is a concept that when you are annexed the City has to build a new road for you, this is not true, the City has to maintain the road . Councilwoman Donovan said it was her feeling that we do some of the streets inside the City limits before we do these streets which are outside the City limits . 90 City Manager Gus Pappas said if the Council decides to do these streets, there would have to be appraisals and letter .�. sent to property owners and a public hearing held. Mayor Pro Tem Fulgham said in the history of Wylie, the Council would not give water to people outside the City much less participate in reconstruction of their street. Councilman Crane said his personal feelings are to have taxpayers living on the streets prior to fixing streets. City Manager Gus Pappas said there are two streets, Callie Court and Donna Drive. Both are 1 ,390 feet long with existing pavement width of 12 ft . and 17 ft. We as a City do have the legal right to access and place liens on property outside the City if we are reconstructing their streets. The construction costs of these streets allow for 20 ft . wide strip approximately $38 ,503 . this includes the letters, engineering, advertising, labor and materials. The property owners would be asked to reimburse the City approximately $13 ,900 . , leaving the City $24 ,603. If a 27 ft . wide strip was put down, the approximate cost would be $51 ,797 . and the property owners would reimburse the City approximately $18 ,765. The question the Council is faced with is when we do Birmingham, it is coming from General Fund (tax payers) and from the property owners (tax payers) . When we do these streets our maintenance will go down, but .,.. can we take tax payers money and do streets that are out side the City and have no tax payers . Mayor Trimble asked Mr. Feivor if there was a need for someone to meet with the home owners about annexing into the City. Mr . Feivor said they do not want to be a part of the City, but if they so chose, and annexed these properties, I do not feel they would object . Mr. Raymond Frank said that the City is so far behind in fixing the streets, why do we want to become a part of this City. In regards to patching, there is no way to patch these streets, there is no base and the patching just washes out . Councilwoman Donovan said the people in the City are paying for their streets and these people should be put on the priority list. City Manager Gus Pappas said the only thing that would make these people happy is to do an overlay and this would cost approximately $20 ,000 . and would not last because there is no base. Mr. Raymond Frank wanted to know if they annexed, would it be a year before anything was done to their street. Mayor Trimble said no, not necessarily, that these projects move slow and we can not put a time frame on it . Councilwoman 91 Donovan said if all of property owners are willing to pay, then your streets could move up on the list . City Manager Gus Pappas said if they are 100% there is no problem but if there is 80% for annexation, does Council want me to go ahead and annex the entire subdivision. Also does Council want a 20 or 27 foot street . Councilwoman Donovan said these may not always be dead end street so go with 27 ft . wide. City Manager Gus Pappas said most of the time streets that are dead end are required to have a cul-de-sac, but when the other subdivision came before us Mr. Feivor said the property owners in Wylie Ranch East did not want these to be through streets. City Manager Gus Pappas said 27 ft. is measured back to back from curb, you could possible go 26 ft . Motion was made by Councilman Crane to suggest 25 ft . width until further study can be made. 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, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF UPDATED SERVICE CREDIT WITH TEXAS MUNICIPAL RETIREMENT SYSTEM: The Texas Municipal Retirement System offers cities within that system an opportunity to adopt an ordinance which grants all of our employees in the program an updated service credit and an increase to those employees who have already retired. Our contribution rate toward the retirement system last year was 4 .43% . Our percentage of contribution would have dropped because of our history, but we can reduce the amount of that drop and move to 4 .39% and provide this extra benefit for our employees. The Council has adopted this ordinance for the past several years. Motion was made by Mayor Pro Tem Fulgham to approve and sign the ordinance adopting the updated service credit with Texas Municipal Retirement System. Seconded by Councilman Martin. 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. APPROVAL OF CONSTRUCTION PLANS FOR LAKE RAY HUBBARD MOBILE HOME PARK OFFSITE WATER: Mr . Santry said this offsite water line will come from the water tower down to Elm Road and over to FM 544 and down to Vinson Road. Their needs for the mobile home park will require a 12" line part of the way and then go into a 10" line. In reviewing these plans , staff has determined this line should be a 14" part of the way and go down to a 12" . This would require oversizing by the City, plus there would be a few fire hydrants added . The 92 plans have been completed and staff does have approval from Collin County Commissioners Court and from the State Department of Highways and Public Transportation. Staff has reviewed these plans and recommends them for approval . Mayor Pro Tem Fulgham wanted to know if the developer is putting in this line except for the oversizing . Mr. Santry said yes, but staff does not have a cost as of this date. Motion was made by Councilman Crane to approve the construction plans for the offsite water line for Lake Ray Hubbard Mobile Home Park. 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 . APPROVAL OF CHANGE ORDER #1 FROM SPEED FAB-CRETE ON MUNICIPAL COMPLEX: City Manager Gus Pappas stated that the dollar figure is for the underground conduit for the telephone system for not only the building under construction but is being stubbed out for the two subsequent buildings, should they be needed in the future. Mr . Johnson, Finance Director, has reviewed these figures and considers it a fair price. The money for this improvement is available because of the reduced cost in legal fees from our original estimate of that Counsel for the bond issue. Councilman Crane wanted to know how we would be receiving electricity. City Manager Gus Pappas said overhead with street lights . The logic is that we leave overhead for electricity until the developer around us puts in underground utilities and them we will convert. Mr . Johnson said going underground is necessary to have for the back up emergency phone system for public department. Councilwoman Donovan said right now $12 ,000 . seems like a lot when we maybe putting up poles for electricity, then why not go above ground with telephones. City Manager Gus Pappas said that service comes from the back part of the lot . Councilman Crane wanted to know if there was a time limit on this or could it wait until the figures are in on the electricity. Motion was made by Mayor Pro Tem Fulgham to table this item until all figures were in. 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. 93 FIRE HYDRANT REPORT: City Manager Gus Pappas stated that last month the Council asked for a report on the fire hydrants in the City of Wylie. That work has been done and you will find the list to show the actual location, brand, line size. This form is also designed so that each fire hydrant can be inspected at least once every four months. That activity will begin in January, 1987 . There are 196 fire hydrants within the city limits, plus the ones at Southfork Mobile Home Park have not been put on yet . Some time back there was an understanding that the fire hydrants would be check by the Fire Department. This was being done at the close of each of their meetings, several fire hydrants were being checked out. Today, I cannot tell you that is still being done. When fire hydrants are checked, there should be a gauge put on the plug to check the pressure and flow. I would suggest that the best way to assure this testing is getting done is to have public work crews do this. Mayor Pro Tem Fulgham wanted to know if and when we had a paid fire department could this be turned back over to them. City Manager Gus Pappas said yes. Councilman Martin wanted to know if it would be better to use one standard type of hydrant, the list shows several brands . Mr . Santry said we have already done this and we are using Muller. Councilwoman Donovan wanted to know the cost of a fire hydrant . City Manager Gus Pappas said around $1200 . to $1400 , but this includes the values. Councilman Crane wanted to know if the physical testing would give the plugs longer life. City Manager Gus Pappas said yes . Mayor Pro Tem Fulgham thanked the city staff for the time spent and for the report and the map. RESPONSE ON BFI WASTE SYSTEMS PLAN TO CHANGE REFUSE COLLECTION DAYS IN THE CITY: As of this date, residents of Wylie have their trash picked up two time each week. Part of the City is picked up on Monday and Thursday and the other part on Tuesday and Friday. BFI ' s plan is to pick up the entire city on two days. Residents will still have two pick ups a week except when a holiday falls on one of the days, then you will go for a full week without service. If adopted , this will be effective on February 1 , 1987 . Motion was made by Mayor Pro Tem Fulgham to approve the pick up days for Wylie to be Monday and Thursday. 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 94 favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. COUNCIL DISCUSSION: Councilman Martin congratulated Carolyn Jones on her completion of the Certification Program for City Secretaries. City Manager Gus Pappas said there were two vacancies on Planning and Zoning and staff would like to put this on the next agenda. Councilman Crane wanted to know if there was a problem with trash plying up. City Manager Gus Pappas said that staff handled these problems daily, and sometimes it is caused from people moving in and out and the driver feels it is too much to pick up unless he charges extra for it. Mayor Pro Tem Fulgham said he was sorry he missed the last meeting . Councilwoman Donovan said the equipment in Kirby Park needs to be repaired or replaced. Mayor Trimble wanted to know if the computer system the City has can give a cash disbursement list each month. Mr . Johnson said it does print a cash disbursement journal . Mayor Trimble also asked the citizens to not use the city logo on news letters unless the Council has approved it. Mayor Pro Tem Fulgham said what are you talking about . Councilwoman Donovan said if you use the city logo, you need to have this proofed by the council prior to mailing it out . AUTHORIZATION OF EXPENDITURE OF $1400 FROM PARKS AND RECREATION BUDGET FOR BLEACHERS FOR 4TH BASEBALL FIELD IN COMMUNITY PARK: This item is placed on the agenda at the request of the Parks and Recreation Board. The baseball field mentioned here is the fourth field completed this past summer and designated for use by the WSA during their regular season. This expenditure has been budgeted in this years budget. Councilman Crane wanted to know if there were spec for these bleachers. City Manager Gus Pappas said they would be just like what is on the other fields. Motion was made by Mayor Pro Tem Fulgham to approve the $1400 from Parks and Recreation Budget for the bleachers for the 4th baseball field. Seconded by Councilman Martin. 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, 95 and Councilwoman Donovan - in favor . This motion carried with all in favor. AUTHORIZATION FOR EXPENDITURE OF $1000 FROM PARKS AND RECREATION BUDGET FOR PLAYGROUND EQUIPMENT AT COMMUNITY PARK: Councilman Crane would like for Council to look at the options of what is being bought to put in the Park as playground equipment. The equipment in there now is causing problems with splinters and the sand is causing ants. Motion was made by Councilman Crane to table the expenditure of $1 ,000 from Parks and Recreation Budget for playground equipment until further study. 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. AUTHORIZATION TO REPAIR ROADWAY WITHIN COMMUNITY PARK (THOMAS STREET) : This item has been brought to the Council at the request of the Parks and Recreation Board, and they have offered the money from their budget for substantial repairs if Council has a problem finding the funds for this project. This road carries a heavy traffic load during the Spring and Summer months. Councilman Crane would like to put a two course penetration on Thomas Street and let the people use it and try to get use to this type street. AUTHORIZATION TO EXPEND FUNDS IN THE AMOUNT OF $34 ,003 .91 TO FIRST SOUTHWEST FOR FINANCIAL ADVISORY SERVICES: Finance Director James Johnson said these expenses are relative to issuance of $1 ,800 ,000 . City of Wylie General Obligation Revenue Bonds Series 1986 . The breakdown of this figure is as follows : Financial Advisory services rendered and expenses incurred for the issuance, sale, and delivery of $1 ,800 ,000. Gen. Obligation Bonds Series 1986 $24 ,937 .99 Bond Counsel Fee 3 ,065 .92 Moody' s Investors Service Inc. 2 ,500 .00 Standard & Poor ' s Corporation 3 ,500 .00 $34 ,003 .91 Motion was made by Councilman Westerhof to approve authorization of payment in the amount of $34,003.91 to First Southwest Company. Seconded by Councilman Martin. 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, 96 and Councilwoman Donovan - in favor. This motion carried with all in favor. AUTHORIZATION TO EXPEND FUNDS IN THE AMOUNT OF $11,188.87 TO FIRST SOUTHWEST FOR FINANCIAL ADVISORY SERVICES: Finance Director James Johnson stated these services are in connection with the issuance of $160,000 . City of Wylie Water/Sewer System Revenue Bonds Series 1986 . The breakdown of this payment is as follows : Financial Advisory services rendered and expenses incurred for issuance, sale and delivery of $160,000 Water & Sewer Revenue Bonds, Series 1986 . $ 8 ,872 .87 Bond Counsel Fee 1 ,316.00 Moody' s Investors Service Inc. 1,000 .00 $11,188 .87 Motion was made by Councilman Martin to grant authorization to expend funds for payment to First Southwest Company in the amount of $11 ,188 .87 . 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. APPROVAL OF ONE-YEAR LEASE AGREEMENT ON PRESENT CITY HALL BUILDING: The VLK Properties have submitted their final offer to City staff and it is in the amount of $2900 . per month. This is at a rate of $8 .20 per square foot. This is the same offer as before, but they are standing firm on this figure. Councilwoman Donovan wanted to know if this was iron clad, what happens if we move out prior to the year being up. City Manager Gus Pappas said we would be penalized if we moved out prior to our year being up. The staff has looked at this and does not believe there is a big gap in between us completing the building and moving prior to this year being up. Councilwoman Donovan wanted to know if we could add this to the lease agreement. City Manager Gus Pappas said the staff has talked about this and does not believe it will be a problem. This lease would be up November 30 , 1987 . Councilman Westerhof said he did not agree with this figure, but in order to avoid a double move he would make a motion to approve the $2900 . per month lease. Seconded by Mayor Pro Tem Fulgham. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman 97 Westerhof - in favor Councilman Martin - in favor , Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . Mayor Pro Tem Fulgham addressed Mayor Trimble with the statement that he thought we had quick these types of things . Mayor Trimble said are you talking about the newsletter . Mayor Pro Tem Fulgham said yes , what has been done in the past year are since April is to bring up something in public and to inflame a situation, and the next week it is big headlines in the paper . I think it is very poor taste. Go to someone face to face. When done this other way, the news uses it as a big issue and it is misleading to the public. I will talk with you face to face with witnesses. Mayor Trimble said he believes in full with Mayor Pro Tem Fulgham and what his concern is that we are misrepresenting the City by putting out a news letter entitled City of Wylie with the logo on it. I think there are problems with using the logo. Councilwoman Donovan asked City Manager Gus Pappas if Council did not approve a newsletter back in one of our workshops. Mayor Pro Tem Fulgham said he proposed it, but that Council turned it down. Councilwoman Donovan said it was turned down for those few months, but wasn' t it to be a possible expenditure in 1987 . Finance Director James Johnson said this was one of the items Council cut from the budget . Councilwoman Donovan said if you use the City Logo, then Council should approve the news letter prior to mailing it out . Motion was made to adjourn with all in favor. 0 F ivy lc? Chuck Trimble, Mayor SEAL ATTEST : ‘,) '4,4,,1111;t10, Caroly ne , ity Secretary