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
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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
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