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
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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 .
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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
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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
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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. --
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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
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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.
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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
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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 (
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Carolyn s, i Secretary