08-11-1987 (City Council) Minutes 272
CITY COUNCIL MEETING
MINUTES
AUGUST 11, 1987
7:00 P.M.
The Wylie City Council met in regular session on Tuesday,
August 11, 1987 at 7 : 00 P .M. in the Community Room. A
quorum was present and notice of the meeting had been posted
in the time and manner required by law. Those present were
Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan ,, Council
Members Calvin Westerhof, John Akin, Kent Crane, Marvin
Blakey, and Chris DiTota, Acting City Manager James
Johnson, City Secretary Carolyn Jones, Code Enforcement
Officer Roy Faires , Acting Public Works Director Don White,
Chief of Police Royce Abbott , City Attorney Robert Dillard .
Mayor Trimble called the meeting to order and Mayor Pro Tem
Donovan gave the invocation.
APPROVAL OF MINUTES: The minutes being submitted are for
the July 28th, August 1st , and August 4 , 1987 Council
meetings . Councilman Akin pointed out that in the Parks and
Recreation minutes , the sidewalk was not put in for trucks
to us , it is only about 2" thick and was put in for walking
between the ball fields and the parking lot . Motion was
made by Councilman Westerhof to approve the minutes as
submitted . Seconded by Councilman DiTota . The vote was as
follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan -
in favor, Councilman Akin - in favor , Councilman Westerhof -
in favor, Councilman DiTota - in favor, Councilman Crane -
in favor , and Councilman Blakey - in favor . This motion
carried with all in favor .
APPROVAL OF FINAL PLAT FOR WOODLAKE VILLAGE: Code
Enforcement Officer Roy Faires stated this was the final
plat for construction for Woodlake Village. This property
surrounds the new Municipal Complex . The Planning and
Zoning Commission voted unanimously to recommend approval
for construction to the Council . Motion was made by
Councilman Akin to approve the final plat for construction
for Woodlake Village. Seconded by Councilman Blakey. The
vote was as follows: Mayor Trimble - in favor, Mayor Pro
Tem Donovan - in favor , Councilman Akin - in favor ,
Councilman Westerhof - in favor, Councilman DiTota - in
favor , Councilman Crane - in favor , and Councilman Blakey -
in favor. This motion carried with all in favor.
APPROVAL OF PRELIMINARY PLAT FOR WESTGATE INDUSTRIAL PARK:
Code Enforcement Officer Roy Faires stated this was a
preliminary plat for Westgate Industrial Park, this plat is
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dividing this area into two lots one on either side of
Westgate Drive. Planning and Zoning Commission voted
unanimously to recommend this plat to the Council for
approval . Motion was made by Councilman Akin to approve the
preliminary plat for Westgate Industrial Park. Seconded by
Councilman Westerhof . The vote was as follows : Mayor
Trimble - in favor , Mayor Pro Tem Donovan - in favor ,
Councilman Akin - in favor , Councilman Westerhof - in favor ,
Councilman DiTota - in favor , Councilman Crane - in favor ,
and Councilman Blakey - in favor . This motion carried with
all in favor .
PUBLIC HEARING ON THE REQUEST FOR ZONING FOR LOTS 1-6 , N 1/2
OF 7 ,8 , & 9 OF BLOCK 28 RAILROAD ADDITION: Code Enforcement
Officer Roy Faires stated that this property is located
across from the Wylie Cemetery and the owners have requested
a Planned Development Zoning . Mayor Trimble opened the
public hearing . The Allen' s have requested a Planned
Development and the land is to be used for a Funeral Home.
A Planned Development requires at least five (5) acres and
this is tract is not five acres . The Aliens have gone
before the Zoning Board of Adjustments and have received a
variance allowing this Planned Development without the five
acres. Planning and Zoning has heard this case and voted
unanimously to recommend this zoning request to the Council
for approval . Councilman DiTota asked if parking would be
allowed on Fifth Street . Mr . Faires stated there was
adequate parking on the lot , but Council can put no parking
on Fifth Street and Akin Lane if you so desire. Mr. Brian
Chaney, Chairman of Planning and Zoning stated that Planning
and Zoning thought this to be a very good use for the area
and all responses received from the letter sent out were in
favor of this . Planning and Zoning also thought this would
relieve some of the traffic in the downtown area. There
being no other questions , Mayor Trimble closed the public
hearing.
APPROVAL OF ZONING REQUESTED FOR PLANNED DEVELOPMENT FOR
LOTS 1-6 , N. 1/2 OF 7 ,8, & 9 BLOCK 28 RAILROAD ADDITION:
This Planned Development has been requested in order to
build a Funeral Home and it is located across from the Wylie
Cemetery. Motion was made by Councilman Westerhof to
approve the Planned Development for a Funeral Home with no
parking on Fifth Street and Akin Lane. Seconded by Mayor
Pro Tem Donovan. The vote was as follows : Mayor Trimble -
in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin
- in favor, Councilman Westerhof - in favor, Councilman
DiTota - in favor , Councilman Crane - in favor . and
Councilman Blakey - in favor. This motion carried with all
in favor .
APPROVAL OF AMENDMENT TO IMPACT FEE ORDINANCE: City Manager
James Johnson stated that during the recent completed
regular session of the Texas legislature, the Senate and
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House of Representatives , unanimously approved the S.B. 336 . --
This bill sets forth numerous requirements that must be met
in the development phase of a city that calculates impact
fees. The Planning and Zoning Commission has received this
amendment and has voted unanimously to recommend it to
Council for approval . Motion was made by Councilman Akin to
approve the amendment to the Impact Fee Ordinance. Seconded
by Councilman Westerhof . The vote was as follows : Mayor
Trimble - in favor , Mayor Pro Tem Donovan - in favor ,
Councilman Akin - in favor, Councilman Westerhof - in favor,
Councilman DiTota - in favor , Councilman Crane - in favor ,
and Councilman Blakey - in favor . This motion carried with
all in favor .
APPROVAL OF AN ORDINANCE CREATING COTTONWOOD CREEK LIFT
STATION DISTRICT AND ESTABLISHING THE BOUNDARIES AND SETTING
FEES: City Manager James Johnson stated that this ordinance
has been reviewed by CH2M Hill . Councilman DiTota wanted to
know if the fee would be figured on the number of units or
by acreage. Code Enforcement Officer Roy Faires stated it
is figured on which ever is the greater number. Councilman
Akin wanted to know if this fee will cover all trunk lines
and other chargers . City Manager James Johnson said yes ,
based on CH2M Hill' s calculations . Councilman Akin wanted
to know if Council or City Staff would have to acquire the
easements . City Manager James Johnson said no, that the
Ordinance the Council passed a few months ago changed and
the acquiring of easements to the developer . Councilman
Akin wanted to know if this was going to create another
pumping for the City. City Manager James Johnson said the
Council has said no more pumping. Motion was made by
Councilman DiTota to approve the Ordinance creating the
Cottonwood Lift Station District . Seconded by Councilman
Westerhof . The vote was as follows : Mayor Trimble - in
favor, Mayor Pro Tem Donovan - in favor, Councilman Akin -
against , Councilman Westerhof - in favor , Councilman DiTota
- in favor, Councilman Crane - in favor, and Councilman
Blakey - in favor . This motion carried with six (6) in
favor, and one (1) against .
PRESENTATION BY CHARLES BINFORD, FINANCE CONSULTANTS ON THE
UTILITY RATE STUDY FOR CITY OF WYLIE: Mr . Binford stated to
the Council that he would made his presentation on this rate
study and after the Council has had time to review it and
study it , if Council wanted, he would be available to come
back to another meeting for questions. Mr. Binford stated
that this study was to include a determination as to whether
water and sewer rates should be adjusted in order to:
1 . provide sufficient coverage for debt service
on outstanding revenue bonds;
2 . finance other direct and indirect costs of the
Utility Enterprise Fund; and
3 . provide sufficient revenue to cover costs
resulting from the proposed issue of additional
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debt by either the city or the North Texas
Municipal Water District to finance mandated
improvements to the water and wastewater system.
Texas Water Commission has made a list of improvements that
the City has to do to their existing wastewater treatment
plant and the main question is , how to finance these
improvements . Some of this cost will come from the impact
fees and some from the bonds at North Texas Municipal Water
District . How will the City finance the balance. If
Council increases the water and sewer rates , then the
Utility Fund revenues will be enough to cover the bond debt
for the next five years provided that the growth rate holds .
The water and sewer funds on your current rates are just
breaking even and there is no room for improvements . This
one year net loss is not reason enough to warrant increases
but there are two problems , 1 . cash flow - Utility Fund, 2 .
net loss projection would mean the City could not issue
bonds in the next fiscal year . Mr . Binford then addressed
the City' s impact fees and the new S.B.336 and stated that
the City was trying to comply by the actions of amending the
Impact Fee Ordinance. Even with this increase, there is
still not enough funds in the Impact Fund and Lift Station
District Fund to fund the entire program of improvements .
Mr . Binford stated in summary that the City of Wylie does
not presently charge a penalty for late payment of utility
bills . Mr . Binford recommended that a 10% penalty be
applied to all monthly bills not paid by the 16th day from
date of billing. This is suggested primarily as a means of
encouraging prompt payment but will add additional revenues
of about $15,000 . Also, the City has adopted an Industrial
Waste Ordinance and I encourage enforcement of this
ordinance. I also recommend that the City proceed with a
plan to comply with the new S.B. 336 in regards to your
impact fees . The City should consider increasing your water
and sewer tap fees approximately 50%. The City should also
talk with North Texas Municipal Water District about the
interest earned on the investment of proceeds from the
proposed bond issue. These earnings could be a significant
amount during the construction period and if applied to
annual principal and interest payments on the bonds , the
City' s obligation to NTMWD could be reduced accordingly.
Mr . Binford than thank the Council for the opportunity to be
of service to the City of Wylie and if at a later date the
Council had questions, he would be glad to come to another
meeting .
Councilman Ditotal wanted to know if the City increased the
tap fees , where would this rate us . Mr . Binford said in the
top range.
Mayor Trimble suggested that the Council take this study
home and review it and then there would be a work session.
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CITIZEN PARTICIPATION: Mayor Trimble invited anyone that
wanted to speak to the Council to come forward, state their
name and address and keep their comments to within two
minutes . There was no one at this time.
COUNCIL DISCUSSION: Councilman Akin wanted a report on the
house in Rustic Oaks that was brought before Council
regarding the yard not being kept. Mr . Faires said this
house had been sold . Councilman Akin stated that the
Council and city staff determined the need for this fourth
ball field and took action on the improvements to this
field. The Public Works Department did most of these
improvements , but at the dedication of this field, there was
no mention of what the City or their crews had done. Did
Council take action on the naming of this field and did the
Council put the plaque up on the field. Councilman Akin
also wanted to know if the City had an ordinance on the junk
yards where they were moving out to. Mr . Faires said yes ,
and the staff was working on them.
Councilman Westerhof stated that he understood that Hardcast
was interested in the old water tower behind the police
station. This needs to be check into. Also would like to
see the Chief of Police send letters to Texas Department of
Public Safety and to Collin County Sheriffs Department in
regards to using some of the space in the new municipal
complex, in the future receive some fees for using part of
the building . Councilman Westerhof also wanted to see a
complete analysis of the cases going before the current
judge and review him on the next agenda in executive
session.
City Secretary Carolyn Jones reminded Council of their
meeting at 7 : 00 P .M. on August 20th, with Collin County to
discuss the improvements for FM544, Highway 78 and 88 bond
package. Also about their Thursday night dinner at Southfork
with Region 13 , Texas Municipal League .
Mayor Pro Tem Donovan stated she has received a letter from
the artist on the logo change. Mayor Pro Tem Donovan also
stated that because of the no smoking ordinance, one
Councilmember and one staff member had quit smoking .
Mayor Trimble said the areas in the new complex have already
been designated in the floor plans but if there is space
available Mr. Hoagland has asked if the JP could use some of
this area . Also the Chamber of Commerce has requested to be
a part of this building. Mayor Trimble appointed Councilman
Westerhof and Code Enforcement Officer Mr . Faires and
himself to serve on this committee to study the floor plans . -•
APPROVAL AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR NEWPORT
HARBOR AND APPROVAL FOR OVERSIZING REIMBURSEMENT: Code
2 7 7
Enforcement Officer Mr . Roy Faires stated that this property
is located on FM 1378 and all fees have been paid. This
projected has been inspected by the City Staff and it is
recommended for approval. The amount of reimbursement for
oversizing is $93 ,420 .30 and will come from Impact Fund.
Councilman Akin wanted to know if there was any way to
recover this oversizing reimbursement. Mayor Trimble said
yes through Impact Fees . Motion was made by Mayor Pro Tem
Donovan to approve and accept the public improvements for
Newport Harbor and to approve the oversizing reimbursement
in the amount of $93 ,420 .30 . Seconded by Councilman Akin.
The vote was as follows: Mayor Trimble - in favor , Mayor
Pro Tem Donovan - in favor , Councilman Akin - in favor ,
Councilman Westerhof - in favor, Councilman DiTota - in
favor , Councilman Crane - in favor , and Councilman Blakey -
in favor. This motion carried with all in favor.
APPROVAL OF CONSTRUCTION DRAW #9 TO SPEED FAB-CRETE CORP:
This draw is in the amount of $224 ,699 .64 and is recommended
for approval . Motion was made by Councilman Westerhof to
approve the construction draw #9 in the amount of
$224,699 .64 . Seconded by Mayor Pro Tem Donovan. The vote
was as follows : Mayor Trimble - in favor , Mayor Pro Tem
Donovan - in favor , Councilman Akin - in favor, Councilman
Westerhof - in favor , Councilman DiTota - in favor ,
Councilman Crane - in favor, and Councilman Blakey - in
favor . This motion carried with all in favor .
APPROVAL OF FINAL PAYMENT TO TIM DAWSON CONSTRUCTION FOR
COMPLETED WORK ON NORTEX GROUND STORAGE: This final payment
is in the amount of $18,527 . 30 and will come from the Impact
Fund. City Manager James Johnson stated that staff
recommends approval of this payment . There is a telemeter
system to be bought and installed at NTMWD and the staff is
working with NTMWD on this . Motion was made by Councilman
Blakey to approve the final payment to Tim Dawson
Construction in the amount of $18,527 . 30 . Seconded by
Councilman Westerhof . The vote was as follows : Mayor
Trimble - in favor, Mayor Pro Tem Donovan - in favor ,
Councilman Akin - in favor . Councilman Westerhof - in favor ,
Councilman DiTota - in favor, Councilman Crane - in favor,
and Councilman Blakey - in favor . This motion carried with
all in favor .
APPROVAL OF DRAW #1 OF $100 ,000 .00 ON WORKING LINE OF CREDIT
WITH FIRST STATE BANK: City Manager James Johnson stated at
the last Council meeting , I requested a $200 ,000 . line of
credit with First State Bank. This was granted by the
Council . The City Auditors have prepared at my request an
anticipated cash flow for the City which reflects a shortage
in the General and Utility Funds. City Manager James
Johnson said he expected Utility to pick up some this month,
but not enough to recover . Councilman Akin wanted to know
if the City borrows now, and taxes do not come in during
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October and December, will we have to borrow again. City
Manager James Johnson said if taxes do not come, the City
may have to borrow again. Motion was made by Councilman
Westerhof to approve draw #1 in the amount of $100 ,000 .
Seconded by Mayor Pro Tem Donovan . The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor ,
Councilman Akin - against, Councilman Westerhof - in favor ,
Councilman DiTota - in favor, Councilman Crane - against ,
and Councilman Blakey - in favor . This motion carried with
five (5) in favor and two (2) against .
Mayor Trimble recessed the regular meeting and convened
Council into executive session at 8 : 50 P .M. under the
authority of Article 6252-17 , V.A.C.S . , Section 2 paragraph
"e" , legal matters relating to consultation with City
Attorney on City of Wylie Landfill , and paragraph "e" legal
matters relating to consultation with City Attorney on East
Fork Water Supply Corp . and paragraph "g" personnel matters
- review of city Manager applicants .
Mayor Trimble reconvened the Council into open session at
10 : 35 P .M.
LANDFILL: After discussion with the City Attorney, a motion
was made by Councilman Westerhof to obtain the services of
Gardere and Wynne. Seconded by Mayor Pro Tem Donovan. The
vote was as follows: Mayor Trimble - in favor, Mayor Pro
Tem Donovan - in favor , Councilman Akin - in favor ,
Councilman Westerhof - in favor, Councilman DiTota - in
favor, Councilman Crane - in favor , and Councilman Blakey -
in favor. This motion carried with all in favor.
EAST FORK WATER SUPPLY CORP: No action taken on this
matter .
REVIEW OF CITY MANAGER APPLICANTS: Motion was made by
Councilman Blakey to offer the position of City Manager to
Mr . John Pitstick. Seconded by Councilman DiTota. The vote
was as follows : Mayor Trimble - in favor , Mayor Pro Tem
Donovan - in favor, Councilman Akin - in favor, Councilman
Westerhof - in favor , Councilman DiTota - in favor ,
Councilman Crane - in favor, and Councilman Blakey - in
favor . This motion carried with all in favor .
There being no other business , a motion w ade to adjourn
with all in favor .
oO iFn►rrrwui,,
SEAL = uck Trimble, Mayor
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ATTEST:
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Caroly nes , y Secretary