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03-10-1987 (City Council) Minutes 150 CITY COUNCIL MEETING MINUTES MARCH 10, 1987 7 :00 P. M. The Wylie City Council met in regular session on Tuesday, March 10 , 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, Code Enforcement Officer Roy Faires, Engineering Department, I . W. Santry, Finance Director James Johnson, Public Works Director Bill Windham, and the news media and other citizens. Mayor Trimble called the meeting to order and Councilman Crane gave the invocation. APPROVAL OF MINUTES: The minutes of February 24, 1987 were submitted for approval. There being no additions or corrections, a motion was made by Councilman Martin to .•.,. approve as submitted. 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. DESIGNATION OF UNIFORM ELECTION DATE BEGINNING 1988 : This item is placed before Council in order for selecting a uniform election date. This has come about due to the new primary election dates established by Senate Bill 4 , the current April uniform election date has been eliminated. The election date has now been designated as the third Saturday in May. If Council so desires, a different date than May may be selected . Motion was made by Councilwoman Donovan to approve the uniform election date that has been set up by the Secretary of State, being the third Saturday in May beginning in 1988 . 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, Councilwoman Donovan - in favor. This motion carried with all in favor. PUBLIC HEARING ON THE ANNEXATION OF 456 ACRES OUT OF THE 0. SHELBY SURVEY, ABSTRACT 799 AND THE L. FARMER SURVEY, ABSTRACT 334 AND THE J. J. TURNHAM SURVEY, ABSTRACT 919 ALL 151 OF COLLIN COUNTY : This property is currently under the ownership of Stanley Moussa and is known to the council as the Caruth property. This annexation is a staff initiated annexation after a work session with the Council regarding a private utility district to serve this area. If Council will recall this property owner came to the City about nine (9) months ago and requested annexation. The night the Council was to vote on this property the owner pulled it from the agenda. At the work session Council asked for the staff to begin annexation on this property in order to keep the utility district from coming about . The Planning and Zoning recommend by a vote of 6 to 1 not to annex this property. Mr. Lee Lawrence has come to staff and asked that Wylie not annex into St. Paul ' s ETJ and this would take off a small portion of this acreage. The property in Abstract 799 has a property value of $861 ,665. with an ag use value plus a small building of $68 ,046 .00 . This would net the City $333 .43 in taxes at the current rate of $ .49 per $100 .00 . If the property were to be developed, the revenue would be $1 ,00 ,101 . This would constitute annual expenses for Fire and Police. Another question was whether or not Wylie could deal with its concern by receiving a letter from the property owner stating he would not have a utility district . The City Attorney could not find a clear cut ruling, but did say if we had this letter for a short period of time, and the property owner would make this letter a part of the record such as the deeds, the City would not have to be concerned about the utility district. A City need not annex property to just kill the utility district. This fact is true, but the Water Code Statues 54.016 could put into motion a series of events if we deny this utility district. A property owner has 120 days to come and request services. The City would have six (6) months to contract to provide services. If the City fails to reach an agreement within the six months, than the property owner could put the special utility district in. If the property is in the City limits, you do not have to worry about special utility districts. Council can stop the annexation procedures tonight, but can not vote on the annexation tonight. If Council so chooses to stop the annexation then there will be a special utility district. If Council wants to elect to release this from our ETJ, than staff will send a letter to St. Paul and Lucus stating that the City of Wylie wants no part of this and it is their problem. Miss Kathryn Moussa stated she was representing her father and that he is the sole owner of this property. Mr . Ed Windler is here to represent our views on this property. Mr . Windler said he wanted to explain why Mr . Moussa does not want to be annexed. Mr . Moussa is not a developer by trade and has spent most of his time in import business. It has been difficult for him in these times to borrow the money to develop this land. Sometime back he came and asked for annexation but in the course of doing this found the 152 cost for developing was more than he could do. Mr. Moussa asked for this annexation to be withdrawn because he could not finance the development of the property. Across this State communities are coming up and helping these people to develop by allowing Special Utility Districts. This district creates the ability to bond and gives the money needed for water and sewer and drainage. This is paid back over a long period of time. Mr. Moussa was in hopes this Council would allow this, I came before you telling you what Mr . Moussa' s plans were. After telling you about this, the next thing we new was that the City was going to annex him. Mr. Moussa did not know about the work session on this property and could not be there. This seems a little bit unfair. If Council does not want Mr. Moussa to create a Special Utility District, then say no, if this is in your ETJ. That no has never gone to Texas Water Commission and come out a special utility district . Mr. Moussa has never filed the petition for this special utility district . After filing this, the Council has 120 days to respond with an answer. Then you have six months to try and reach an agreement between Mr. Moussa and the City of Wylie. Mr. Moussa is not in a position financially to develop this land without a Special Utility District. Mr. Moussa will withdraw if Council does not want him to put in the district. State Law used to be real loose about de-annexing land from your City once it is in. I was not talking about annexing this property into your City. Upon being forcible annexed a person has the right to force these services from the City in a certain time period. The services I am referring to is Fire, Police, Water and Sewer. Mr . Moussa would have to force the City for these services if you annex him. He does not want to do this, but you will force him to if you annex him. Remember the land is separated from you and you can not reach it. The only reason this is in your ETJ is due to your Lake Annexation. Remember these land annexations would have to be done properly and in accordance with State Law. Mr . Windier stated in his opinion these annexations have not been done in accordance with State Law. You could be challenged on these annexations . Wouldn' t it be simpler just not to annex this property instead of forcing him to be annexed. Mayor Pro Tem Fulgham asked if Mr . Windier did not state he was filing the papers on the following Monday. Mr. Windier said he did not file them. Councilman Crane said is seems suspicious that Mr. Moussa would fight the annexation which cost so little in taxes. I find myself wanting to be sure of no special utility district and the surest way is to annex the property. The most positive thing we can do is to annex the property and .., create the best type of development. 153 Mr. Windier said if annexed, it changed the taxes and the ways of development . Mayor Trimble said how does it change it. Mr. Windier said it is subject to roll back taxes and why not go ahead and annex your entire ETJ. Mayor Trimble said it was stated directly that you would file the papers for the special utility district. Councilman Martin said the questions now is annexation and it seems to me that it would be beneficial to Mr . Moussa for this to be annexed and the City furnishing utilities. Mayor Trimble said is it Mr . Moussa' s intent to fall back and set on the land and not develop it or anything . Mayor Trimble said the City does not want substandard development. Councilman Crane said the City just lost several 100 acres over a boundary dispute, I do not want this to happen again. There has been no good reason given here tonight on not annexing except for the taxes. The taxes are not that large. Mr . Windier said right now, if the property were annexed, a person would have to sit on it for a long time. City Manager Gus Pappas said it was his belief that Mr . Moussa wants the Utility District in order to get the bonds for the money to develop this land. Councilwoman Donovan said when we annexed the lake it was to help with sub division in our ETJ. City Manager Gus Pappas said we have limited authority on sub division but not on the zoning or density or use of the property. Councilwoman Donovan said she could not see a long drawn out procedure on this and would go along with what Planning and Zoning wants to do, stop the annexation. Councilwoman Donovan said if the City has to serve this area, we would need police and fire and Gus said we would probably put in a sub station. Councilwoman Donovan said this was a long distance from our City. City Manager Gus Pappas said the cost of water and sewer is borne by the developer. The cost of installing is on the developer not on the City. The cost of soft service such as fire and police, is if no one lives there we fight fires and we do that now. Councilwoman Donovan said we had nothing to loose if we stop the annexation. Mayor Trimble asked City Manager Gus Pappas if he knew of anything that is wrong with this annexation. City Manager Gus Pappas said if we continue with the annexation, he is entitled to water and sewer plans and I will prepare them right away. The property owner was sent a certified letter 154 with our intent to annex and this is a step that we do not have to do by law. Mr. Windier said he has no doubt that this process for annexation on this property and on the lake annexations are not within the law. Isn' t it true that if Mr . Moussa had not come here and asked for this Special Utility District you wold not have annexed him. Mr. John Pierrel of 604 Stoneybrook said since the council ' s last meetings, he has talked with other cities and they wish they had never allow the MUD or gone into a MUD. I as a taxpayer do not want this City to have to purchase this and add to my taxes. My taxes on my home are more than Mr. Moussa will be paying on this land. Cities should not get themselves in a position where they have to buy these districts and I want you to take steps to keep this from happening. Stewart Wallace who is the Mayor of St. Paul said in regards to providing services to this property, the City of Wylie will have to go through St. Paul. St. Paul would like a study on this property as some of it is within our ETJ. St. Paul is concerned about services coming through our city without us getting any benefit . Mayor Trimble asked Mr. Wallace about St. Paul ' s feelings on the MUD. Mr . Wallace said they were working on a response and the clock has started on their 120 days. The petition was filed last week. Mr. Windier said they went to St. Paul prior to filing this document and received a letter form St. Paul encouraging us to file. City Manager Gus Pappas said it appears that Council wants this to go to the second public hearing. The other thing is that what complete assurance we get without annexation. City Manager Gus Pappas suggested that Mr . Moussa' s attorney and the City Attorney get together and show us there would no MUD without annexation. Councilwoman Donovan wanted to know where we were with Lucus . City manager Gus Pappas said he has not heard from Lucus since the letter he mailed. PUBLIC HEARING ON THE AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE CHANGING THE REAR YARD SETBACK IN SF3 FROM 25 FT. TO 20 FT. : In our current zoning ordinance you must have a 25 ft. rear set back line off the property. There is no law that states this, but this is what our ordinance is set at. The only question you might have is can you park a car in this 20 feet. You can park a 155 super cab pickup within this 20 feet, but you cannot walk in front of it or open your garage door if it pulls out. Councilman Crane said he preferred to hold with Planning and Zoning recommendations. Mayor Pro Tem Fulgham said he did not care to here from the developer, he was Chairman of Planning and Zoning when this ordinance was written and it was found to be very difficult to set this lower than 25 feet. If a child went behind a car then he/she would be in the alley. Code Enforcement Officer Roy Faires said he has checked with other cities and Plano, Sachse, Richardson and McKinney will not allow a house with a 20 foot set back. Mr. Jim Douglas said several cities do have 25 ft. set back. Plano does allow us to use a Planned Development in order to take care of these situations. Does it matter if you have 20 or 25 feet because with a fence you still do not see a child. These problems were brought to the attention of our management team, but were not corrected prior to us putting in the development. Both the City staff and the Planning and Zoning Commission told us these lots were too shallow. Since then this management team has been replaced. These lots are just setting there growing weeds . This would be fair to the entire City. If this is not developed out, what is going to happen. Is your tax base greater on empty lots or built out lots. We are just trying to correct a mistake that was made in our management team. If you do not want to change this for the entire City, then suggest we go to the Zoning Board of Adjustment or go to a Planned Development. We just want to correct this. Mayor Trimble asked how many lots had this problem. Mr. Douglas said approximately 90 lots. Mayor Trimble asked Councilman Crane what he thought. Councilman Crane said before a builder lets a lot set there and interest run, he will go back and get something done so he can build. Mayor Pro Tem Fulgham said he was not willing to change the ordinance. Councilman Westerhof said he could not see changing this ordinance. City Manager Gus Pappas said this could not go to the Zoning Board of Adjustments. Mayor Pro Tem Fulgham said it was not a variance. Mayor Trimble asked if there were any other questions,there being no other questions the public hearing was closed. 156 APPROVAL OF AMENDMENT TO COMPREHENSIVE ZONING ORDINANCE: This amendment to the Comprehensive Zoning Ordinance is to change the rear yard setback in SF3 from 25 Ft. to 20 Ft. Motion was made by Councilman Crane to deny this request and leave the Comprehensive Zoning Ordinance with a 25 Ft . setback for SF3 . 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 to deny request for change. PUBLIC HEARING ON THE REQUEST FOR A SPECIAL USE PERMIT BY THE MINISTERIAL ALLIANCE TO OPERATE A DISTRIBUTION CENTER FOR FOOD AND CLOTHING: This property is located at 204 North First Street. The Ministerial Alliance of Wylie has applied for this special use permit, in order to establish a distribution center for clothing and food for families in need. All City churches and those in the immediate area are participating in this in order to serve those in the community. Clothing and food items will be brought to this location, sorted and shelved and warehoused. Planning and Zoning recommends approval with a unanimous vote. Mayor Trimble opened the public hearing, there being no questions or opposition, the public hearing was closed. AUTHORIZATION TO THE CITY STAFF TO ISSUE A SPECIAL USE PERMIT TO THE MINISTERIAL ALLIANCE TO OPERATE A DISTRIBUTION CENTER FOR FOOD AND CLOTHING: This permit is to be reviewed on a yearly basis. Motion was made by Councilman Martin to grant authorization to the City Staff to issue a special use permit to the Ministerial Alliance to operate a distribution center for food and clothing. 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. CITIZEN PARTICIPATION: There was no citizen participation at this time. AUTHORIZATION TO DRAFT LETTER REQUESTING FROM COLLIN COUNTY A FUND TRANSFER TO CONSTRUCT "S" CURVE AT KIRBY/STONE TO S. BALLARD: This will afford us the possible opportunity to get a straight street through this area. This is an expensive project and the only way Wylie could do this is with the help of County unless we wait for some time in the far future. Councilwoman Donovan wanted to know what this did to the ---e_ existing Stone Rd. City Manager Gus Pappas said probably keep it and it would not have as much use. The 157 reconstruction to Birmingham is stopped because of drainage and Stone was stopped until this issue is settled. Councilman Martin said what happens to the road to move the South traffic. City Manager Gus Pappas said this would accomplish a straight route on FM 544 and going out Stone. This would take out the dog let and make it a through street . We are not going through condemnation but buying these properties at their current value. Councilwoman Donovan wanted to know the time frame. City Manager Gus Pappas said as soon as all the paper work in County is finish, the money would be transferred to us and then we would contract the street work out. This takes two actions by the council , this one to draft the letter and then to approve the contract for the work. Mr. I . W. Santry from the Engineering Department said the State has indicated that they would make this FM 544 when the work is complete. Mayor Pro Tem Fulgham wanted to know if we drafted this letter does the funds have to go to this street. City Manager Gus Pappas said there is some latitude on moving some of these funds. If you have remaining funds, they can be use them for improvements on Hwy 78 and Kirby, but you have to state in your contract that this would be done if there was monies left. Motion was made by Councilman Martin to grant authorization to the City Staff to draft a letter requesting from Collin County , a fund transfer to construct "S" curve at Kirby/Stone to S. Ballard. 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 TASK ORDER #3 FROM CH2M HILL: Mr . I . W. Santry of the Engineering Department said that the application for the amendment for Wastewater treatment plant has been filed and we are in receipt of a letter from Austin stating they have received it. The total estimated cost of the existing plant improvements design and construction services is $62,900 . Some of the items listed on this task order have been or are in the process of being done. Replacement of the manual bar screen in the influent pump station is being done, the sludge drying beds are being built , the Chlorine contact basin has been finished. Mr. Santry stated that it was his opinion that due to the fact that we have done so much already that we can come out better than the estimated $62 ,900 . Staff recommends approval of this task order. This money is expended from the Impact Fund. 158 City Manager Gus Pappas said as we do the improvement phase, Mr. Santry and Mr. Windham will make suggestions to CH2M Hill to do these improvements if it will do the job without going to the second clarifier. Motion was made by Councilman Martin to approve the Task Order #3 from CH2M Hill . 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 CHANGE SCHOOL ZONES ON FM 3412 AND FM 544 : Councilwoman Donovan stated that she and Councilman Crane had been working with the school and the highway department to have flashing lights on Stone and on Brown Streets. These ordinances will bring the speed down to 15 mph below the regulatory speed. This also moves the signs about 100 ft. further out. These ordinances are needed in order to get the flashing lights installed by the state. Motion was made by Mayor Pro Tem Fulgham to approve the ordinances changing the school zones on FM 3412 and FM 544. 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. PARTICIPATION IN COLLIN COUNTY OPEN SPACE PLAN PROJECT: This is an opportunity for the City to participate in the Collin County Open Space Plan Project and might even receive some funds for the development of some of our planned park areas. The documents requiring specialized planning can be prepared by the Engineering Department and at your direction a letter of application can be drafted by the staff and forwarded to the correct department at Collin County. Motion was made by Mayor Pro Tem Fulgham to approve the participation of the City of Wylie in the Collin County Open Space Plan Project . 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. COUNCIL DISCUSSION: Councilwoman Donovan asked City Manager Gus Pappas what kind of time frame on getting the new school zone signs. City Manager Gus Pappas asked Mr. Windham if �.. there were any in the warehouse. Mr . Windham said no, and it would take about six weeks to get the signs in. 159 Councilwoman Donovan wanted to see the monthly reports from the Texas Water Commission. City Manager Gus Pappas said he thought that they were receiving them, and they would be put in their boxes. Councilman Crane would like to see the city support the Ministerial Alliance by putting a proclamation on the next agenda. City Manager Gus Pappas said this is the time of year, just prior to the election that the Council can vote themselves a pay increase. This can only be done for the council positions on the ballot and is authorized by the Charter to be done at this time. Council did not want to do this at this time. APPROVAL OF DRAW #4 BY SPEED FAB-CRETE FROM MUNICIPAL COMPLEX CONSTRUCTION FUND IN THE AMOUNT OF $178,986.05 . : Staff recommends approval of draw #4 in the amount of $178 ,986 .05 . Motion was made by Mayor Pro Tem Fulgham to approve draw #4 in the amount of $178 ,986.05 by Speed Fab- Crete. 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 FINANCIAL ADVISORY CHARGE FROM FIRST SOUTHWEST CO. : This payment is for the services related to the issuance of the $135,000 in equipment notes which was funded thru the Personal Property Finance Contract for the acquisition of the Allen Ambulances and other public safety equipment. The staff had budgeted $10 ,000 . for this service but the statement received is for $7 ,617 .00 . Motion was made by Councilman Crane to approve the $7 ,617 .00 payment to First Southwest Co. for services rendered . 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 CHANGE ORDERS ON MUNICIPAL COMPLEX: There are two change orders which need Council action. The first one there is additional charge for the additional pass of lime stabilization, change sign from Wylie City Complex to Wylie Municipal Complex, testing, insurance for changes listed and addition of shower (fiberglass) in the Women' s Room 158. This change order has a total adjustment charge of $6 ,842 . The second change order is for furnish and install 22 pole lights for parking area, at no charge, underground telephone conduit system at no charge, underground conduit from building to N.E. corner of property with a charge of $2 ,307 . and underground primary conduit, provide HVPC with electric 160 heat strips, no heat pumps, provide HVAC with propane/naturalgas heat per contract both at no charge, install underground primary conduit to N.E. corner of property and delete the 1 ,680 feet of 8" curb along both entry and exit drives, cost of $11 ,088 ,provide HVAC with electric heat strips and heat pumps at a cost of $17 ,760. After a lot of discussion of electric heat versus propane/gas heat, the Council chose to go with propane and an option to change over to natural gas if and when it gets out to the new complex area. The total cost adjustment for the second change order using propane gas is for $1 ,375 . The total cost adjustments for both change orders is for $8,217 .00 . Motion was made by Councilman Crane to approve the change orders for a total cost of $8 ,217 .00 . 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. Mayor Trimble recessed the open meeting and convened Council in Executive Session under the authority of Article 6252-17 of V.A.C.S. Section 2 , paragraph "g" , personnel matters for .., annual evaluation of the City Manager. Mayor Trimble reconvened Council into open session, there being no decision to be made from the Executive Session, Mayor called for a motion to adjourn. Motion was made to adjourn with all in av uck Trimble, Mayo ATTEST : aroly t Secretary ocj, SEAL g 'LIE,TEMP imnm*