01-13-1987 (City Council) Minutes 100
CITY COUNCIL MEETING
JANUARY 13, 1987
7:00 P. M.
The Wylie City Council met in regular session Tuesday,
January 13 , 1987 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 Calvin Westerhof , William Martin,
Kent Crane and Sandra Donovan, City Manager Gus Pappas, City
Secretary Carolyn Jones, Finance Director James Johnson,
Code Enforcement Officer Roy Faires, Chief of Police Royce
Abbott , I . W. Santry, Engineering Department, Acting Public
Works Director Kenneth Moelling .
Mayor Trimble called the meeting to order and Councilman
Crane gave the invocation.
APPROVAL OF MINUTES: The minutes submitted for approval
were for the meetings of December 23rd, 30th, 1986 and
January 2 , 1987 . There being no corrections or additions a
motion was made by Mayor Pro Tem Fulgham to approve the
minutes as submitted. 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.
APPOINTMENTS TO FILL TWO VACANCIES ON THE PLANNING AND
ZONING COMMISSION: These two vacancies are to fill the
places of Kent Crane who is now on the City Council and Jeff
Hall , both of these positions terms will expire in July,
1987 . Motion was made by Councilman Martin to appoint Mr .
R. P. Miller and Mr. Jay Davis to the Planning and Zoning
Commission. 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.
PUBLIC HEARING ON THE ASSESSMENT OF PROPERTY OWNERS FOR THE
PROPOSED STREET RECONSTRUCTION ON S. BIRMINGHAM BETWEEN S.
BALLARD AND KIRBY STREETS : City Manager Gus Pappas stated
that letters of notification were mailed to each property
owner and each letter included the amount of assessment .
Lane and Associates were the firm that came out and did all
of the appraisals on these properties. This street program
is to be asphalt streets by recycling the existing street as
a base material and then overlaying with 2" hot mix asphalt.
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The City will share the cost of this project and
approximately 60% of the cost is borne by the City. It is
only the cost of the materials that the property owners will
be assessed for . There are three properties that will
receive the 50% senior discount and two properties that will
have their assessment reduced by $100 .00 from the result of
the appraisals. The law states that you can only assess the
property for the amount of value of the improvements. Mayor
Trimble opened the public hearing, there being no questions
or opposition, the public hearing was closed.
PUBLIC HEARING ON THE ASSESSMENT OF PROPERTY OWNERS FOR THE
PROPOSED STREET RECONSTRUCTION ON STONE STREET BETWEEN S.
BALLARD AND S. BIRMINGHAM STREETS: The reconstructions of
this street will be done the same as the one discussed above
and the city will share in the cost as above. Mayor Trimble
opened the public hearing , there being no questions or
opposition, the public hearing was closed.
APPROVAL OF ORDINANCE ESTABLISHING THE ASSESSMENT OF
PROPERTY OWNERS FOR A PORTION OF THE COST OF STREET
RECONSTRUCTION ON S. BIRMINGHAM STREET BETWEEN S. BALLARD
AND KIRBY STREETS; AND STONE ST. BETWEEN S. BALLARD AND S.
BIRMINGHAM: Councilwoman Donovan wanted to know with the
discussion from the Saturday work session, would this effect
any of this project. Mayor Pro Tem Fulgham said an
Ordinance will be required on any street reconstruction.
City Manager Gus Pappas said as long as there is assessment
to property you will have to have a public hearing and an
ordinance. Birmingham Street from Kirby to Ballard 1600
linear feet and 32 ' wide with approximate cost of $70 ,912 .00
of that the property owners will pay $25 ,600.00 and the City
will pick up $45,312 .00 . Stone St . from Ballard to
Birmingham is 800 linear feet, 31 ' wide with approximate
cost of $34,348.00 of which the property owners will pay
$12 ,400 .00 and the City will pick up $21 ,948 .00 . Motion was
made by Mayor Pro Tem Fulgham to approve the ordinance
establishing the assessment of property owners for a portion
of the cost of street reconstruction on S. Birmingham Street
and Stone St . 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.
PUBLIC HEARING ON A PROPOSED INCREASE IN WATER AND SEWER
RATES FOR THE CITY OF WYLIE UTILITY CUSTOMERS: Mr . James
Johnson stated to the Council that there were two proposed
rate increases , one would be a 17. 5% increase and the other
a 12.5% increase. Rate #2 is the 12 .5% increase and if
adopted, Council would be looking at another rate increase
at the next budget year. Mayor Trimble opened the public
hearing. Councilman Crane wanted to know what effect growth
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would have if any on the possible rate increase at the next
budget. Mr. Johnson said the study figures were based on
200 growth customers and the growth is exceeding what was
shown in this study. Councilman Crane wanted to know if
growth continues will rate #2 be okay. Mr. Johnson said
yes . Councilman Martin asked Mr. Johnson which one staff
was recommending. Mr. Johnson said rate #2 will do what is
needed but will not have any flexibility. There being no
other questions, the public hearing was closed .
APPROVAL OF ORDINANCE ESTABLISHING NEW RATES FOR WATER AND
SEWER CUSTOMERS FOR THE CITY OF WYLIE: Motion was made by
Councilman Westerhof to approve Ordinance with rate #2 for
the new rates for water and sewer customers for the City of
Wylie. 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 AMENDMENT TO ORDINANCE 84-12, ADJUSTING FEES
CHARGED FOR MECHANICAL PERMITS BY THE CITY OF WYLIE: Mr.
Roy Faires stated this request is before Council because our
present schedule is based on Single Family Homes and the
fees for commercial projects needs to be added. Motion was
made by Councilman Crane to approve the amendment to
Ordinance 84-12 adjusting fees charged for Mechanical ---
Permits by the City of Wylie. 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 ORDINANCE PROHIBITING DELIVERY OR USE OF
VOLATILE SUBSTANCES SUCH AS INTOXICANTS OR INHALANTS WITHIN
THE CORPORATE LIMITS OF THE CITY: Mr. Faires stated that
the City has no controls over illegal volatile substances
such as intoxicants or inhalants. Motion was made by
Councilwoman Donovan to approve ordinance prohibiting
delivery or use of volatile substances such as intoxicants
or inhalants within the corporate limits of the City.
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 ORDINANCE CONTROLLING THE DISCHARGE OF FIREARMS
AND OTHER WEAPONS WITHIN THE CORPORATE LIMITS OF THE CITY:
Mr. Roy Faires stated that the City discovered it was
lacking controls within the City Limits on discharging of
firearms. Mr. Rod McCoy stated that he gave his son a b-b
gun does this ordinance cover this gun. Mayor said yes,
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that the ordinance states no b-b gun as well as a list of
other type guns and bow and arrows . Councilwoman Donovan
stated that was one of the reasons this ordinance was
needed. Mr. McCoy said he objects to this, if the person is
in his own backyard with a b-b or pump gun. Motion was made
by Councilman Martin to approve the ordinance controlling
the discharge of firearms and other weapons within the
corporate limits of the City. 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 .
APPROVAL OF AMENDMENT TO ZONING ORDINANCE FOR THE CITY
ESTABLISHING USE REGULATIONS IN COMMERCIAL ZONING
CATEGORIES : This ordinance is recommended to Council by
Planning and Zoning for approval . The Planning and Zoning
Commission reviewed the existing use regulations and have
made some changes in order to have a tighter control on
development of commercial areas. Brian Chaney, Chairman of
Planning and Zoning, stated that the Commission had spent a
lot of hours in working out these changes . Mayor Trimble
thanked the Planning and Zoning Commission for the hours
spent on this project . Motion was made by Mayor Pro Tem
Fulgham to approve the amendments to Zoning Ordinance for
the City establishing use regulations in commercial zoning
categories . 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 ORDINANCE ESTABLISHING "NO PARKING" ON W. PARK
BLVD. (NOW KNOWN AS MCMILLAN ROAD) AND MCCREARY ROAD: This
ordinance has been prepared as a direct response to the
presentation made to Council by Mr . Burge of Southfork.
Staff has not designated specific portions of either street
for " No Parking" . It is the opinion of the staff that
future development along both these streets, Park (McMillan)
and McCreary will make "No Parking" along the entire length
of the thoroughfares appropriate. Motion was made by Mayor
Pro Tem Fulgham to approve the ordinance establishing "No
Parking" on W. Park Blvd. and McCreary Roads . 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 ORDINANCE ESTABLISHING REGULATIONS FOR
BUSINESSES SERVING ALCOHOLIC BEVERAGES ON THE PREMISES
WITHIN THE CORPORATE LIMITS OF THE CITY: Mr . Roy Faires
stated this ordinance has been considered by the Planning
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and Zoning Commission for some time. The Planning and
Zoning Commission looked at five other ordinances from other
cities before putting this ordinance in final form to
present to the Council . Planning and Zoning Commission
recommends this ordinance to Council as a free standing
ordinance. All existing private clubs will come under
control of this ordinance after three (3) months of
annexation or after passage of this ordinance. Mayor
Trimble asked Mr. Faires who the other cities ordinances
were and how did they compare the ratio of food to drink.
Mr . Faires said the Planning and Zoning Commission looked at
Plano, Garland, Mesquite, Lancaster and McKinney. The food
to drink ratio varied from 50-50 , 60-40 , 70-30 , Plano has
60-40 and Mesquite has 70-30 . City Manager Gus Pappas said
there were three major topics discussed , one was the food to
drink ratio and the Commission had it at 70-30 and changed
to 60-40 because other cities said it was easier to control
and the cities that have 70-30 do not try and control .
Second was the seating and the Commission first had it at
150 seats and changed to 120 seats. The third was the
gaming devices. Most of the concern was the ratio of food
sales to drink sales. This ordinance is designed to be the
kind of ordinance that will keep private clubs more of a
restaurant than a bar. This ordinance did come from other
city ordinances. City Manager Gus Pappas said he did
contact other City Managers and City Attorneys to see how
this ordinance worked for their city and if they had trouble
enforcing it . Some cities are not have any problems, some
are not trying to enforce this ordinance and some said it
has not been tested in court. The only one obviously
defendable is 50-50 . The gaming devices did have a lot of
discussion and was finally omitted. This section as written
would not allow any type of coin operated video machine.
Councilwoman Donovan wanted to know what the seating was for
Steaks Over Texas. City Manager Gus Pappas said 120 .
Councilwoman Donovan said there is $250 .00 fee and then an
annual renewal of $200 .00, would this cover the inspections.
Mr . Faires said yes, these inspects are done in the office
from the reports the owners have to submit. The inspections
done on junk yards are done on site . Councilman Martin
wanted to know if Planning and Zoning and Mr . Faires were
comfortable with 300 feet between private clubs and
residential areas. Mr . Faires said that was a policy
decision and Council would need to decide. Mayor Trimble
asked Mr. Faires want maximum number of feet used on other
cities between private clubs and residents . Mr . Faires said
from 300 ft . to 500 ft. . City Manager Gus Pappas suggested
to amend the ordinance to read from property line to
property line. Councilman Crane said under the section of
requirements for reports , you take off the six months and
for monthly reports from 1st month forward. Councilman
Crane said to establish that an annual audit be based on
calendar year and a six month review. Councilman Crane
would also like to raise the ratio to 70-30 . Mayor Trimble
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said he would like to raise the distance to 500 feet. City
Manager Gus Pappas said 300 ft . was pretty high, 500 ft.
would be 2 1/2 blocks. Mayor Pro Tem Fulgham wanted to know
if the Cities that set the ratio at 70-30 enforce their
ordinance and wouldn' t the 60-40 be a better ordinance to
enforce. Councilman Crane said one concern he has is what
the people have been talking to him about and that is having
free standing bars . Councilman Crane said he is trying to
protect against free standing bars. Motion was made by
Councilwoman Donovan to approve the ordinance establishing
regulations for businesses serving alcoholic beverages on
the premises with the following changes: in section 2 .2
second paragraph, The distance shall be measured from
property line to property line; Section 3 .1 change the ratio
of food to drink to 70-30; and Section 4 . 1 to omit the
portion "operation for at least six months prior to December
31st calendar year.
Mr. Rod McCoy wanted to know if Council had to put a
specific ratio in this ordinance. Couldn' t it be left with
minimum seats and leave it to free market and if there is a
problem later , amend the ordinance. City Manager Gus Pappas
said Council could pass the ordinance such as you have
suggested, but this would leave it open for private clubs.
Mayor Pro Tem Fulgham said he had rather put a percentage on
this for regulations . Councilman Crane wanted to know
what would happen if after a license had been granted , a
church or school moved into the area . City Manager Gus
Pappas said it would be first come.
The above motion was 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 ORDINANCE ESTABLISHING REGULATIONS FOR THE
ERECTION OF SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY:
Mr. Roy Faires stated that this is an ordinance that the
City has needed for some time and does prohibit signs from
being in the right-of-ways . Councilwoman Donovan wanted to
know about the signs that pop up over the week-end. Mr.
Faires said these would be gone. Mayor Pro Tem Fulgham
wanted to permit directional signs for a certain period of
time. Councilman Crane said Plano has directional signs
from noon Friday through noon Monday. Mr . Faires then ask
if Council wanted a certain distance between the signs.
Mayor Pro Tem Fulgham suggested 100 feet . Councilman Crane
said on the real estate, he would like to control in front
of his property. City Manager Gus Pappas said to add to the
ordinance not to use R-O-W in residential zoning .
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Cecilia Wood of 515 Woodhollow said at the corner of Stone
Rd. and Akin Lane there are a multitude of signs. I do try —
to maintain the R-O-W and keep it mowed. If I don' t move
the signs, then I can not keep it mowed . On this corner is
a large sign for Rush Creek Subdivision.
John Pierrel 604 Stoneybrook believes the people placing
signs on the corner need to ask the property owner for
permission. I do not want some builders signs in front of
my house. As far as signs on week-ends, this is not bad
because they have to advertise. Councilman Crane said to
place a requirement for signs to be 20 ft . from resident
homes. Councilwoman Donovan said to allow the people use
vacant lots .
Rucker Lewis who is in real estate said at Plano they passed
this ordinance and limited the number of signs in each
intersection.
Mr. Faires suggested directional signs, limit one per
builder/developer, 60 ft . apart, use R-O-W from noon Friday
through noon Monday and use vacant lots.
Councilman Crane said in Section 4 .E change the temporary
construction signs, that a standard sign is 3 square feet.
Motion was made by Councilman Crane to approve ordinance •-.
establishing regulations for the erection of signs within
the corporate limits of the City with the following changes :
Section 4 .E to be 3 square feet for construction signs; use
of directional signs, in residential areas , will be
permitted in the right of ways between the hours of 12: 00
noon on Friday until 12 :00 noon on Monday with the following
limitations: They shall be placed only in front of vacant
lots, only one sign for each builder and/or developer at
each location and each sign of an individual
builder/developer shall be separated by a minimum of sixty
(60) feet, in other than residential areas the stipulation
concerning vacant lots does not apply, however all other
restrictions apply. 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 ORDINANCE ESTABLISHING REGULATIONS FOR MULTI-
UNIT OR MULTI-STORY BUILDINGS : This ordinance will
establish guide lines for developers wishing to apply for PD
classification in order to build multi--story condominiums
or motels. The Planning and Zoning has reviewed this
ordinance and recommends it to Council . Motion was made by
Mayor Pro Tem Fulgham to approve the ordinance establishing
regulations for multi-unit or multi-story buildings.
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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.
PRESENTATION BY MR. DENNY LYNES TO "CONSIDER QUALITY OF
TRASH PICK-UP AND ATTITUDE OF PERSON IN CHARGE OF TRASH
PICK-UP AT CITY HALL" : Mr. Lynes is the owner/operator of
Discount Bait House, stated he has called City Hall a number
of times about getting his trash picked up and has stated
the problems. I was irate and unreasonable because I could
not get my trash picked up. Mr. Johnson was very outspoken.
Mr . Johnson told me I would be sited if I put my trash in
front of City Hall . After I was picked up and sited, I went
back to City Hall and Mr . Johnson said there was nothing the
City could do, and that the City did not handle trash. I
then talked with Mr . Pappas and he told me he would have
someone from public works come and pickup the trash this
time for me. When the crew from public works arrived , a
truck from BFI also arrived to pick up the trash.
CITIZEN PARTICIPATION: Mr . John Pierrel 604 Stoneybrook
complimented the Council for conducting business as it
should be done. In regards to public service employees, I
believe that I as a tax payer am over these employees, if I
am irate they should be able to handle the situation and
work out the problem without being irate or rude to me. A
City employee should handle situations in a polite manner.
City Manager Gus Pappas said that the people should know
that the trash truck that did arrive was requested by Mr .
Johnson earlier that morning . Also it would not have been
ordered for public works to pick up that trash except that I
did investigate and did feel like we should do something and
therefore I gave the order for public works to pickup the
trash. City Manager Gus Pappas said when Moore first took
over the contract , there was a lot of complaints. As time
went by their service level did come up some. Then Moore
sold to BFI and BFI was showing a better performance until
Christmas but they have not recovered from the holidays yet .
At this time of year , there is a lot more trash and you do
fall a little behind but not stay behind as BFI has done.
Mr . Denny Lynes said he went on this service in November.
This did not happen in one day. I called because the
dumpster was full and asked if they could pick up the
dumpster because everyone else was using it. When they came
and picked up the dumpster , they would not pick up the bags
of trash.
Mr . Maurice Claytor 50 Glen Knoll Dr . wanted to know if in
the street program could something be done about Martinez
Lane. City Manager Gus Pappas said a commercial developer
has put his money up to participate on the street but the
property owners would not participate in a water line, and
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does not know how they would feel about participating in the
street program. If Council so desire we can send the
letters and see what happens. -- ..
Mr. Gary Ludwig 301 Valentine, did this ordinance that just
passed do so for frontage property and does this mean I will
not have to pay for Birmingham Street reconstruction. City
Manager Gus Pappas said the word frontage in this ordinance
does not apply to frontage only, but applies to what
property lies next to the street. Mr. Ludwig said the
apartment complex could raise rent to pay for their portion,
the townhomes can pool their money for their portion, but a
home owner has to bear the cost of a street that is for the
City. City Manager Gus Pappas stated that the City is
bearing a big portion of this cost with taxpayers money.
Mr. Rod McCoy wanted to know if the City had an ordinance
with any control over junk cars. City Manager Gus Pappas
said yes and if he would see Mr. Faires or Chief Abbott,
they could help him.
AUTHORIZATION TO SEEK BIDS ON NEW AMBULANCE FOR CITY: This
item is budgeted, but with the cost exceeding the $5000 ,
Council must give staff the authority to go out for bids.
Motion was made by Mayor Pro Tem Fulgham to grant
authorization to go out for bids for a new ambulance.
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.
AWARD OF BID FOR PIPING, VALVES, FITTINGS, ACCESSORIES,
CONCRETE AND SAND FOR CONSTRUCTION OF A WATER SERVICE LINE
EXTENSION: This water line extension is in Lake Ranch
Estates. Staff received three bids for the piping, values,
fittings, accessories as follows:
Ferguson Enterprises $7480. 15
Trans-Tex Supply $7488 .30
Industrial International $7,761 .20
Staff received one bid for the sand and crushed rock as
follows :
Gifford Hill Sand $1 ,989.68 Rock $414 .96
Staff recommends Ferguson Enterprises in the amount of
$7480.15 and Gifford Hill in the amount of $1 ,989.68 for
sand and $414 .96 for rock. Motion was made by Mayor Pro Tem
Fulgham to award bid to Ferguson Enterprises in the amount
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of $7480 .15 and Gifford Hill in the amount of $1989 .68 and
$414 .96 . 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.
AWARD OF BID FOR CONSTRUCTION MATERIALS FOR SLUDGE DRYING
BEDS AT THE WASTEWATER TREATMENT PLANT: Staff received
three bids for the construction materials for sludge drying
bids from the follows :
Ferguson Enterprises $1 ,265 .50
Trans-Tex Supply $1 ,502 .45
Industrial International $1 , 535 .59
Staff received on bid for sand and crushed rock as follows:
Gifford Hill Sand $67 .80 Rock $57 .20 .
Staff recommends the award of bid go to Ferguson Enterprises
and Gifford Hill . Motion was made by Mayor Pro Tem Fulgham
to award the bid for construction materials for drying beds
at the wastewater treatment plant to Ferguson Enterprises in
the amount of $1 ,265 .50 and to Gifford Hill in the amount of
$67 .80 for sand and $57 .20 for rock. 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.
AWARD OF BID FOR MATERIALS TO BE USED IN THE CONSTRUCTION OF
METER VAULT AND PUMP HOUSE AT NORTEX GROUND STORAGE TANK
SITE: Staff received three bids for the construction
materials for the meter vault and pump house as follows :
Ferguson Enterprises $13 ,971 .50
Trans-Tex Supply $13 ,648.51
Industrial International $17 ,749 .32
and from Gifford Hill Sand $546 .00 and Rock $159 .60 .
After the bids were received, a bid came in from McKinney
Steel Company Inc. for the steel that will be needed . This
is the only bid received and it was received late, but staff
would recommend approval , this bid was in the amount of
$13,028 .10 for the steel . Staff requested this be a part of
the records, that this bid is not going to the lowest bidder
because he did not bid in accordance to the specs.
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Motion was made by Mayor Pro Tem Fulgham to award bid to .•.
Ferguson Enterprises in the amount of $13 ,971 .50 , Gifford
Hill for Sand in the amount of $546.00 and Rock in the
amount of $159 .60 and the steel to McKinney Steel Company
Inc. in the amount of $13 ,028 .10. 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 .
AWARD OF BID FOR SUBURBAN TO BE USED BY THE FIRE DEPARTMENT:
The city staff mailed out twelve bid packets and only
received two bids. These bids were as follows:
Lakeside Chevrolet Spec Bid $15,974.82
Alt. Bid $13 ,847 .27 (Auto)
Alt . Bid $13 , 367 .02 (Std. )
299 .20 (spare tire)
Tedford Chevrolet Spec Bid $14, 825 .00
Alt . Bid - No Bid
The staff would recommend the bid go to Lakeside Chevrolet
with the alternate bid with automatic transmission and with
a spare tire with a cost of $14 ,146 .47 .
Mayor Pro Tem Fulgham said he had a problem with ordering
this when we need other things such as man power , police
cars and back hoes, etc.
Motion was made by Councilwoman Donovan to award the bid to
Lakeside Chevrolet in the amount of $14 ,146 .47 .
Mayor Pro Tem Fulgham said he would go along with reviewing
this at mid year when the budget was more stable.
Councilwoman Donovan wanted to know if this was part of the
package. Mr. Johnson said it was part of the Public Service
Package .
Mr . John Pierrel said that from what he has been able to
find out , he sees no need for this. The fireman he has
talked with has told Mr . Pierrel it was for transporting men
to fires and to school. Just because you have an item in
your budget, does not mean you have to purchase it.
Councilman Martin asked what was the primary use of this
vehicle. Mr . Johnson said at budget time the Fire
Department requested this vehicle, but it was cut from the --.
budget, but later was added along with the public service
package when the City purchased the ambulance service.
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Mr . Danny Allen said this vehicle will be set up for
transportation for more manpower at fires without moving the
trucks, and to transport men to school and to other cities
for emergencies.
Mayor Pro Tem Fulgham said the need maybe there at a later
date but at this time he could not vote on it .
Councilman Martin said the primary use is for
transportation. Mr. Allen said yes. Councilwoman Donovan
said at the time this was discussed, Mr . Johnson had said it
was better to buy now and it would save money.
Mr . John Pierrel said he spent 15 years in the Navy fighting
fires , and this vehicle is unnecessary. Mr. Pierrel asked
the Council if they had justification for buying this
vehicle. Councilwoman Donovan said what do you do when you
drive fire trucks and have to replace them. Mr . Pierrel
said fire trucks will last for 30 years if taken care of. I
am for fire protection and good police protection.
Cecilia Woods said I am of the opinion that when the Council
discussed this that was when justification was made.
Council has to made the decision to accept or deny the bids.
Mrs. Olympia Margies wanted to know if this was a special
fund and will this deplete the fund. Mr. Johnson said it is
not an emergency fund, it was part of the public service
package.
Councilman Crane said he has difficulty with this purchase,
I have discussed this with firemen and other cities and
this vehicle is to be used to go to school which is not very
often. Councilman Crane said he has problems justifying
this . Councilman Crane asked Mr . Johnson what happens to
this money. Mr. Johnson said it could go for other public
service equipment or you can pay it back early.
The motion made earlier by Councilwoman Donovan died for a
lack of a second.
ACCEPTANCE OF RIGHT-OF-WAY DEDICATION ON VINSON ROAD FROM
LAKE RAY HUBBARD MOBILE HOME PARK: This dedication is for
the south half of Vinson Road west of Lake Ray Hubbard
Mobile Home Park. This R-O-W dedication is needed to
provide land on which the 12 inch offsite water line will
go. The Engineering Department has reviewed these plans and
recommends acceptance of the dedication by the City. Motion
was made by Councilman Martin to accept the R-O-W dedication
on Vinson Road from 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
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favor, Councilman Crane - in favor, and Councilwoman Donovan
- in favor. This motion carried with all in favor .
ACCEPTANCE OF PUBLIC IMPROVEMENTS IN RUSTIC OAKS IV
ADDITION, PHASE 1: The Engineering Department has made
their inspections and tests and recommend these improvements
for acceptance. Staff was informed by one of the suppliers
to the developer who is threatening to place a lien against
these improvements for lack of payment. Unless payment is
made and no lien has been filed against this property , the
City cannot accept the dedication. Mr . Roy Faires has a
signed letter from the developer stating that any liens
placed on these improvements will be taken care of by them,
and this letter will protect the City. At this time there
is no lien, but there is a threat of lien.
Mr. Rucker Lewis representative of Dobie Development said
what has happened is a sub-contractor did not pay his
materials bill for concrete. Dobie has the money and will
pay this bill to the concrete company. Dobie did pay the
sub-contractor.
Mr . Faires said the developer feels he is being held up on
the project, as he did not understand our sub-division from
the beginning . The developer was ready to build the
apartments several months back and came in to get his
permit. At that time was told he could not start the
apartments until the sub-division was complete.
Councilman Westerhof stated if Dobie Development expressed
their willingness to be responsive, why has it not been
done. Motion was made by Councilman Westerhof to table this
item until the next meeting. 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 to table.
APPROVAL OF LAND USE PLAN: The Planning and Zoning
Commission and the City Staff has worked together in putting
this land use plan map together, and are recommending it for
adoption. This map takes in what is now in the City and
what could be in the City at a later date. These plans are
just as a guide line and maybe amended as needed . Motion
was made by Mayor Pro Tem Fulgham li approve the land use
plan. Seconded by Councilman Westerhof. The vote was as
follows : Mayor Trimble - in favor, F4ayor. 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: Councilman Crane wanted to apologize to
the Park Department, he was under the impression that the
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playground equipment had been done by contractors not
employees. Also , last week it was suggested that Council
did not study their packet because they were not creased, I
studied mine and it does not have to be creased until you
put it on a flat surface.
Councilman Martin said he has a location of an abandon
vehicle and will pass it on to Code after the meeting.
City Manager Gus Pappas said the City Attorney wants to meet
tomorrow night with the Council to discuss the Wylie Sachse
Boundary. Change meeting time to 6 : 00 P.M. Also would
like to inform the Council that there was a major sewer line
break in the City. The crew was working on a section
putting in a new tab when a long section of the the line
cracked . The crew is replacing some 160 feet of line with
PVC and this is located behind Valentine Street .
INCREASE IN PAY FOR CITY ENGINEER: Mayor Pro Tem Fulgham
said he worked back with the City when staff contracted out
the engineering. There were a lot of problems. The biggest
boost the City ever had was to hire Mr . Santry. Mayor Pro
Tem Fulgham said he would agree to this increase of $2 .00
more per hour.
City Manager Gus Pappas said Mr. Santry is one of the
unusual employees that under our Charter , works for the
Council , and is pleased to recommend to the Council this
increase for Mr . Santry. Motion was made by Mayor Pro Tem
Fulgham to approve the increase of $2 . 00 more per hour for
Mr . Santry. 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.
Motion was made to adjourn with all in favor .
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Chuck Trimble, Mayor
SEAL
ATTEST :
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C roly on s City Secretary