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03-24-1987 (City Council) Minutes 166 MINUTES REGULAR MEETING CITY COUNCIL TUESDAY, MARCH 24, 1987 The City Ciouncil of the City of Wylie met in regular session on Tuesday, March 24, 1987 in the Community Room at 800 Thomas Street. Meeting was set for 7 : 00 PM. A quorum was present and notice of the meeting had been posted for the time and in the manner prescribed by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Joe Fulgham and Councilmembers Cal Westerhof , William Martin, Kent Crane and Sandra Donovan. Present from the City staff were Gus Pappas, City Manager; Bill Windham, Director of Public Works; Roy Faires, Building Official; James Johnson, Director of Finance and Barbara LeCocq, Secretary. The meeting was called to order at 7 :16 PM by Mayor Trimble. The invocation was given by Mayor Pro Tem Fulgham. ITEM NO. 1 - APPROVAL OF MINUTES - Mayor Trimble asked for a motion on the approval of minutes. Motion to approve as submitted was made by Councilman Martin and seconded by Councilman Westerhof . Vote was a follows : Trimble - yes; Fulgham - yes; Westerhof- yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. 2 - CALL SPECIAL MEETING APRIL 7 TO CANVASS ELECTION - Mayor Trimble stated he would entertain a motion. Councilmember Donovan made a motion to call for a special meeting on April 7 , to canvass election and to include administering the oath of office to newly elected councilmembers, elect Mayor Pro Tem for the coming year. Motion seconded by Councilmember Westerhof . Vote was as follows: Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. 3 - PROCLAMATION FOR MINISTERIAL ALLIANCE - Mayor Trimble read the proclamation and asked for a motion. Councilman Crane made the motion to approve the proclamation of appreciation for the Wylie Ministerial Alliance. Councilman Fulgham seconded the motion. Vote was as follows: Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. ITEM NO. 4 - CONSENT AGENDA - Mayor Trimble explained that the consent agenda consisted of items considered to be without opposition and would be voted on as one item; however, any item on the consent agenda , may for any reason be removed at the request of a Councilmember and considered as a separate item. At that, Mayor Trimble asked for a motion. Councilwoman Donovan said she would like item "e" to be removed and considered separately. Motion was made by 167 168 1) \f c ) 169 Councilman Westerhof to approve the consent agenda with the exception of Item "e" . Motion seconded by Councilman Martin. Vote was as follows : Trimble- yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. "e" AUTHORIZATION TO EXPEND FUNDS FROM WATER/SEWER FUND FOR INTERIM IMPROVEMENTS TO EXISTING WASTEWATER TREATMENT PLANT - Councilwoman Donovan stated that she preferred to see all expenditures for improvements to come before the Council for approval . City Manager Pappas, stated that funds had not yet been approved from the Impact Fund and therefore, expenditures had been made from the regular utility fund, "as of this date, no money has been spent from the Impact Fund" on the improvements to the wastewater treatment plant. City Manager Pappas further stated that staff needs to have the Impact Fund opened in order to make the needed interim capital improvements to the existing wastewater treatment plant . Bringing each item before the Council could and probably would slow the project . He further stated that funds were needed for three purchases to change the clarifier to sludge beds. They are sand, joint and valves, and grate. James Johnson, Director of Finance stated that to date there had been $15, 000 expended on capital improvements. Councilman Crane stated that given the urgency imposed by the Texas Water Commission, he (Crane) felt it was necessary to move ahead as quickly as possible. Councilman Crane made a motion to approve the authorization to expend funds from the Impact Fund for interim capital improvements to the existing wastewater treatment plant . Motion seconded by Councilman Fulgham. Vote as follows : Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. ITEM NO. 5 - CONDUCT SECOND PUBLIC HEARING ON ANNEXATION OF 456 ACRES - MOUSSA TRACT NEAR SEIS LAGOS - Mayor Trimble announced that this was a public hearing on the annexation of 456 acres out of the 0. Shelby Survey, Collin County Abstract 799 , L. Farmer Survey, Collin County Abstract 334; and the J. J. Turnham Survey, Collin County Abstract 919. Anyone wishing to speak please state name and address. Public hearing declared open. Ed Wendler, Attorney-at-Law, representing the Moussas. Mr . Wendler stated that the procedures set out by statute for forced annexation had not been followed and had not been followed in the City' s lake annexations . Since those procedures had not been followed, the City' s lake annexations were not valid and therefore, the Moussa property was not within the City' s jurisdiction and therefore not a legal candidate for forced annexation into the City of Wylie. Mr . Wendler further stated that Mr. Moussa had petitioned to be in the ETJ (extra-territorial jurisdiction) of the City of St. Paul . 170 Councilman Fulgham asked how had the City of Wylie violated the State statutes on annexation. Mr . Wendler replied that the required public hearings were not held and further stated that this meeting tonight did not constitute a legal public hearing. Mr. Wendler did not explain or elaborate on his statement. He further stated that there was no service plan as required by law and reiterated that "no public hearing has been held" . This land is not yours . " Mr. Wendler further stated that he had taken steps to protect his client from annexation by the City of Wylie. The chair then recognized Stanley Moussa. Mr. Moussa stated that he was uncomfortable being an enemy of the City. He stated that he had received a letter from the City Manager advising him (Moussa) of the City' s intent to annex . Mr. Moussa further stated that since the City did not want him to establish a MUD (municipal utility district) he would not attempt to establish such a district. Mr. Moussa went on to say he only wanted to do a "good job of developing" , a very expensive development. Mr. Moussa further stated that "forced annexation is very distasteful" . The chair recognized Jack Falcon (sp. name not clear on tape) . Mr. Falcon (sp) stated that he had been working with the Moussas for the past nine (9 ) months and would like to tie this property into Seis Lagos . He (Falcon) further stated that they were about ready to close on this deal and that he does not wish to be a devisive force. He further asked that the Council "please look at this process" . Mr. Falcon went on to state that he plans to include a golf course and other athletic facilities in this development and they would be open to "all people in the area" . He (Falcon) further stated that he did not want want to be annexed by the City, his lender might not want to go ahead with the project . Mayor Trimble asked if there were any more speakers on this item. Hearing none, Mayor Trimble declared the public hearing on this item closed . ITEM NO. 6 - PUBLIC HEARING ON REQUEST FOR REZONING PORTION OF RUSTIC OAKS IV - Mayor Trimble stated this was a public hearing on the request for rezoning a portion of Section one, Phase IV, Rustic Oaks Addn. from current SF3 and 2F to PD (Planned Development) . Mayor Trimble recognized Bill Raley (sp) developer of Rustic Oaks IV, who stated that would like to change the 2F (duplex) to single family garden homes or "0" lot line homes . Mr. Raley indicated that he was unsure of what the Council needed to hear and how he should present it. City Manager Pappas asked if he might try to clarify the item. Mr. Pappas stated that at the time of the original zoning this section of Rustic Oaks called for a strip of 171 transitional zoning between the multi-family to the south and the SF3 to the north. Further Mr . Pappas stated that the market for 2F had declined and developers were looking for a way to provide this type of transitional dwelling outside the 2F concept with things such as garden homes or "0" lot line homes. The City' s zoning ordinance does not provide for such zonings as each development of this type needs to be looked at individually and in depth; therefore, the Planned Development concept provides an opportunity for this type of housing with the P&Z and Council having the opportunity to look at each one carefully and as a total concept. He further stated that the P&Z had heard this petition and recommends the City Council approve the request. He further stated that the P&Z want to the portion that is currently zoned for SF3 in this section remain SF3 . Further, there will be no need for replatting as the 2F section is already platted at half lots. There have been other developments in the City that have requested and received this zoning change and there have been no problems as yet. Mr . Pappas stated that as a point of information, the reason the SF3 section is being included is to meet the acreage requirements of the zoning ordinance for a planned development . Councilman Fulgham stated that the acreage requirements were established as a protective measure to eliminate the opportunity for a land owner to develop an area too small to accomodate standard subdivision development as planned development. Mr . Pappas also stated that the members of the P&Z liked the idea of having garden homes rather than duplex . Councilwoman Donovan asked if there were any problems with accessory buildings. Roy Faires , Building Official responded that there were no problems. Same controls and standards set by ordinance would apply. Mr. Faires further stated that all replies from adjacent property owners had been in favor of this change. Mayor Trimble asked Councilman Crane for his view on this matter. Councilman Crane said he likes this type dwelling. Mayor Pro Tem Fulgham stated that a planned development can be a very nice and attractive area done in five acres or more. Mayor Trimble asked for any further comment or discussion. Hearing none, the Mayor declared the public hearing closed. ITEM NO. 7 - APPROVAL OF ZONING ORDINANCE FOR CHANGE IN RUSTIC OAKS - Mayor Trimble asked for a motion. Mayor Pro Tem Fulgham made a motion to approve the change in zoning as requested in the petition. Councilman Martin seconded the 172 motion. Vote as follows : Trimble - yes; Fulgahm - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. ITEM NO. 8 - PUBLIC HEARING ON ANNEXATION OF WYLIE RANCH EAST - Mayor Trimble stated this was the first public hearing on the annexation of 58.9613 acres out of the Francisco de la Pina Survey, Collin County Abstract 688, commonly known as Wylie Ranch East and declared the public hearing open . City Manager Pappas pointed out the area on the City map and stated that the property owners in this subdivision had expressed a desire to participate in the City' s street reconstruction program. The Council did not wish to offer this program to any area outside the corporate limits of the City and requested that these property owners annex their property before being considered for the street reconstruction program. Twenty-one (21) of the property owners requested voluntary annexation, with the remainder receiving letters from the City of intent to annex their property. Proper notification was given and copies of the City' s service plan included. It was noted by Mr . Pappas that at the hearing held before the P&Z , the City had been requested to send the identical information to those who had requested annexation that were sent to those whose annexation was initiated by the City. Those letters have been sent as requested. Mr. Pappas also stated that the P&Z had heard this petition and recommends approval to the City Council . Mayor Trimble asked for any further discussion. Hearing none, he (the Mayor) declared the public hearing closed. ITEM NOS. 9 & 10 - PUBLIC HEARING ON ANNEXATION OF 74 PLUS ACRES OUT OF W. PENNY SURVEY AND 4 ACRES OUT OF I .& G.N. RY. CO. SURVEY - Mayor Trimble stated these two items were 74.943 acres out of the Wm. Penny Survey, Collin County Abstract 696 and 4 acres out of the I . & G.N. Ry. Co. Survey, Collin County Abstract 1059 and declared the public hearing open. City Manager Pappas stated that these two items are related and the tracts are adjacent to each other. The reason they are listed as two separate annexations is that they are in two separate surveys. Mr. Pappas then located the tracts on the City map, stating the P&Z had heard the petitions and had voted 3-1 against annexation for the 74+ acres out of Abstract 696 and 2-2 on the 4 acres out of Abstract 1059. The chair recognized William Downs, owner of Tract nos . 40 and 24 out of the Wm. Penny Survey, located on Parker Road north of the City. Mr. Downs said he had spoken before the P&Z and wished to know the Council ' s typical response and clarification of the P&Z recommendation. -- 173 Mayor Pro Tem Fulgham answered that a public hearing before the P&Z is not required for annexation and is done for planning purposes only. Mr. Downs asked if the Council follows the recommendations of the P&Z in such cases? Councilman Martin stated this is only the first public hearing. Mr . Downs stated "I am insulted" . He stated that he objected to the tone of the letter, to the implication that he needed zoning protection from his neighbors or his neighbors from him. Stated that the services of the City would not be available to him for three years and did not want to be a part of the City until such time as they were available. Did not believe the Council should exercise their right to annex property whose owners did not want to be a part of the City. Mr. Downs stated that his desire was for less government not more. Mr. Downs further asked that the Council follow the recommendations of the P&Z in this matter . The chair recognized Joyce Pokrus of 2200 McKee Rd. , St. Paul, owner of the 4 acres out of the I . & G.N. Ry. Co. Survey, Abstract 1059. Mrs. Pokrus stated that she is opposed to the annexation of her property. She does not desire to be in the City of Wylie and does not have any need for the services to be provided by the City. "Please do not annex this property" . Mayor Trimble asked for any further discussion or speakers. Hearing none, the public hearing was closed. Mayor Trimble declared a five minute recess before moving into Item No. 11 - Citizen Participation. Mayor Trimble reconvened the open meeting of the City Council of Wylie. ITEM NO. 11 - CITIZEN PARTICIPATION - Mayor Trimble asked that anyone who desired to speak at this time please keep their remarks to a maximum of two minutes and to please state their name and address. Anyone may speak at this time, provided the topic is relative to this City and its operation. There were no speakers from the audience for this item. ITEM NO. 12 - AUTHORIZATION FOR LETTER OF INTENT TO GTE ON ENHANCED 911 SERVICE - Mayor Trimble introduced John Medaille, representing GTE who made the presentation of explanation of the enhanced 911 emergency service. Points discussed were the reliability of the service, cities where 174 it is now in use or will become active within the next few months; cost to the City; ways of funding the service; .... capability for expansion; probability of the cost being reduced to the City and citizens in the future with growth. Enhanced 911 system basically operates thusly; when the dispatcher receives a call, the telephone number of the caller and the address (location) of the call are displayed on the screen at the dispatch station. Even if a child calls and cannot rely reliable information, help can be sent by the phone number and address that are automatically displayed in the dispath office. As the City grows, each new address and phone is automatically placed into the system. Changes made in the GTE business office are automatically transmitted to the 911 system each night at the close of the business day. The system has backup systems making it as failsafe as is possible. Councilwoman - Donovan asked about placement of liability. Mr . Medaille stated that that would for the legislature to assign, however , at this time, on an interim basis GTE is immunized against liability, unless gross negligence can be determined. Councilwoman Donovan asked if this system has been planned for in the new municipal complex . City Manager Pappas answered in the affirmative. James Johnson asked about the availability of new and more sophisticated software being developed in the future. Mr. Medaille explained that this would be considered normal improvement of the system and there would be no charge for the changes that were made. Mayor Pro Tem Fulgham asked if the GTE system is the only system designed for this (Wylie) size of City. Mr. Medaille answered yes. There are other systems but not for our size city. Councilman Westerhof asked if there was a capacity limit with this system. Mr. Medaille answered that the capacity was virtually unlimited. Mayor Trimble said he would like to see the City pursue this in a forward direction. " Its hard to put a price on public safety" . Mayor Pro Tem Fulgham said he would like for the Council to study this matter further . Councilwoman Donovan asked if we would need to do something now in order to include it in the construction of the new building . City Manager Pappas said we would move into the new building with the existing equipment and this system could be added at any time that we might decide to offer this service. Councilwoman Donovan asked James Johnson, Director of Finance if he could see any funding problems. She stated she felt most families would be willing to pay $1 .00 per month for this kind of protection. Mr. Johnson said everything looks favorable. 175 Mayor Pro Tem Fulgham said he would like to see some results from Plano after a few months of their operations. Councilman Martin asked if most cities finance from general revenue. Mr . Medaille said that most cities fund this from a fee on the citizens telephone bill . Plano is funding out of general revenue funds. Councilman Westerhof made a motion that this matter be set aside for sixty (60) days. Motion seconded by Mayor Pro Tem Fulgham. Vote as follows : Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. 13 - PRESENTATION BY EVELYN HAMILTON FOR ROGER FINHOLT - Mrs. Hamilton stated that she was asking that the greenbelt area in Lake Ray Hubbard Mobile Home Park be redesignated to the back part of the park since they had built their clubhouse on the greenbelt area shown on the plat . Mayor Trimble asked why this item had not gone before the P&Z before coming to Council? City Manager Pappas explained that a representative of LRHMHP had come into the City Manager' s office and signed a request to be placed on the agenda and the staff was therefore obligated to place this item on this agenda. However, it was his (Pappas) recommendation that the Council send this item back to the P&Z for review and recommendation. Council took no action. Item will be placed on the next P&Z agenda (April 2) . ITEM NO. 14 - COUNCIL DISCUSSION - Mayor Trimble asked for items of discussion from members of the Council . None of the Council had any items for discussion. City Manager Pappas announced that the City had had a meeting with the Texas Water Commission in Austin. The meeting went well and the TWC had reversed its position that the existing plant must undergo extensive improvement while waiting for the new plant to be built; now TWC' s position is that they want the City to proceed with all speed to build the new plant and keep improvements on the existing plant to the minimum for efficient operation. ITEM NO. 15 - SETTLEMENT WITH BFI ON LANDFILL AND CANCELLATION OF LANDFILL CONTRACT - Mayor Trimble asked for motion on this item since it had been thoroughly discussed during the executive session held on March 23rd. Mayor Pro Tem Fulgham made a motion to settle with BFI/Moore for $25,000 .00 . Councilman Westerhof seconded the motion. Vote as follows : Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. 16 - AWARD FRANCHISE FOR SANITATION SERVICE - Mayor Trimble asked if there were any discussion on this item. Representative of BFI/Moore present. Mr . Pappas stated that City Attorney, Larry Jackson advised that it should be 176 clearly stated in the contract that BFI and Moore Industrial Disposal are the same. Representative from BFI stated that BFI , a publicly held corporation did purchase Moore Industrial Disposal and that Moore is now a wholly owned subsidiary of BFI . Councilwoman Donovan asked why there is such a difference between the rates for Wylie and those in other cities around us . Several rates were quoted and it was noted that many are up for renewal of the contract at which time increases in the rates would be made. James Johnson, Director of Finance stated that he had reviewed the books and that the numbers support such an increase and that BFI has been operating at a substantial loss for many months in Wylie. Councilman Westerhof made a motion to award the contract for sanitation service to BFI . Mayor Pro Tem Fulgham seconded the motion. Vote as follows: Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. 17 - APPROVAL OF ORDINANCE INCREASING SANITATION RATES FOR CITY CUSTOMERS - James Johnson, Director of Finance, noted there had been one error made in the ordinance as it appeared in the packet . There should a change in section F to read 4 ft. and 48 inches rather than 3 ft and 36 inches. Mayor Pro Tem Fulgham made a motion to approve the rate ordinance with the change noted by Mr . Johnson. Motion seconded by Councilman Westerhof. Vote as follows : Trimble - yes; Fulgham - yes; Westerhof - yes; Martin - yes; Crane - yes; Donovan - yes. Motion carried by unanimous vote. ITEM NO. 18 - ADJOURNMENT - Councilwoman Donovan made a motion for adjournment, seconded ayor Pro Tem Fulgahm. Mayor Trimble declared this meet ' g djourned. Chuck Trimble, Mayor City of Wylie Respectfully submitted: $oFBarbara LeCocq, Secretary for ci Carolyn Jones, City Secretary ( SEAL ATTEST: 1)Stt rr�n eim e\ Carolyn s, i Secretary