02-23-1988 (City Council) Minutes 409
CITY COUNCIL MEETING
MINUTES
FEBRUARY 23, 1988
The Wylie City Council met in regular session on Tuesday,
February 23, 1988 at 7 :00 P.M. in the Council Chambers of
the Municipal Complex . 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 Cal Westerhof , John
Akin, Chris DiTota, Kent Crane and Marvin Blakey, Finance
Director James Johnson, City Secretary Carolyn Jones, Code
Enforcement Officer Roy Faires, Chief of Police Royce
Abbott, Key Rate Consultant Tom Wood. City Manager John
Pitstick was absent.
Mayor Trimble called the meeting to order and Councilman
Akin gave the invocation.
APPROVAL OF MINUTES: Mayor Pro Tem Donovan corrected the
minutes of February 9th to reflect that Mayor Pro Tem
Donovan made the statement to correct coffee machines to
copy machines in stead of Councilman DiTota. Mayor Pro Tem
Donovan stated that Councilman Akin made the motion to
approve the final plat for construction only for Westgate
Phase II . Councilman Westerhof made a motion to approve the
minutes with the above corrections. 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 .
PRESENTATION OF CERTIFICATE OF APPRECIATION AWARD TO MR.
RALPH PINKUS: This certification of appreciation is being
presented to Mr . Ralph Pinkus for the fifty Crepe Myrtle
Trees given to the City of Wylie. Councilman Akin stated
that in 1986 the City was trying to obtain funds from the
Texas Highway Department for a beautification program and
Mr . Pinkus made a statement at that time that he would give
the city some Crepe Myrtles. There was a lot of support for
this program and there were pictures made for the paper with
Mr . Pinkus and I , but it never made the news . Mr. Pinkus
was contacted a few months ago and he gave the trees to the
City for our new complex . It was brought to my attention
that we never thanked Mr . Pinkus for these trees. Mr .
Pinkus has had Nortex Nursery in our City since early
1970 ' s. What I am trying to say is we are trying to get
volunteers and we have not thanked someone who have already
volunteered. Councilman Akin stated that we should not let
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this happen. I wanted to let Mr. Pinkus know how much I
appreciated him. Motion was made by Councilman Akin to
approve the presentation of the certificate of appreciation
to Mr . Pinkus . Seconded by Councilman Crane. 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 .
Mayor Trimble called Mr . Pinkus to the front and made the
presentation.
CONSENT AGENDA: APPROVAL OF RESOLUTION RELEASING A 1976
CADILLAC TO BE SOLD IN AUCTION, APPROVAL OF RESOLUTION
ESTABLISHING LAVON DR. AS THE OFFICIAL NAME FOR STATE
HIGHWAY 78 , APPROVAL OF RESOLUTION PROVIDING FOR CITY
MANAGER TO HAVE AUTHORITY TO ENTER INTO A COOPERATIVE
AGREEMENT WITH THE U. S. ARMY CORPS OF ENGINEERS, AND
APPROVAL OF FIRST INSTALLMENT TAX ROLLBACK REFUND CHECKS:
Councilman DiTota wanted to know if the car was and would be
impounded until the auction. Finance Director James Johnson
said yes. Mayor Pro Tem Donovan wanted to know if the funds
remain the same if Council does de-annex some of the lake
property. Chief Abbot said that is what he has been told
that the funds will not change. Motion was made by .....
Councilman Westerhof to approve the items in the consent
agenda. Seconded by Councilman Akin. The vote was as
follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan -
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 .
APPEAL TO COUNCIL FOR APPROVAL OF A PROGRAM FOR A VOLUNTEER
FIRE DEPARTMENT FUND-RAISER: Finance Director James Johnson
said there was a staff report to Council regarding Gallery
Portraits selling portraits for the Fire Department . Staff
talked with Rob Dillard and lending the City name for profit
is not constitutional . Staff has a problem with it . Mayor
Pro Tem Donovan said her concern is we are going to have a
lot of volunteer programs and I hope we do not sit up here
and tell them they can not help with a fund-raiser. Mayor
Pro Tem Donovan wanted to know how they were getting by with
this in other cities. Councilman Akin said we have done
this in the past and this is the first time we have heard of
it not being legal . Finance Director James Johnson said
there are methods and ways of doing this . Mr . Faires said
that Mr . Pitstick and himself had concern about the people
not being under the City' s control . When it is under our
control we know the money comes in to us . These people are
using the City' s name and logo and making profit.
Councilman DiTota said he had talked with a person in our
City and he had not been contacted in regards to doing this
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and would if our Fire Department had called on him. I had
rather see the money on sale tax stay in the City instead of
going to Georgia.
Mayor Trimble said the Fire Department is a volunteer
department and operates separate and apart from the City.
The City owns the equipment but not the people. The City
does not employ the people, I have a hard time understanding
why they cannot do this. These people should not use the
City Logo.
Mayor Pro Tem Donovan wanted to know if everyone had read
the letter in the packet. Mayor Trimble said the logo
should be taken off the letter .
Councilman Akin said he would like to see the City Manager
and the Fire Department get together and work this problem
out so it can be done.
Councilman DiTota said there are a lot of fund-raisers such
as pancake suppers , bake sales, etc . Councilman DiTota said
not to forget we have someone in our City who is willing to
do the same thing.
Mayor Pro Tem Donovan said the reason the Fire Department
went with this company is they came to the Fire Department .
This company has references and have been in other cities.
When you have someone going door to door to get money and
they guarantee the department $1 ,500 .00 , and that a
percentage of the extra money collected for the extra
portraits sold will come back to the fire department, I
don' t understand why we cannot do it.
Councilman Crane said it brings up a problem, there is
another City where the fire department had a falling out
with the Council and the volunteer fire department claimed
the property and equipment was theirs . Mayor Trimble said
they found that this equipment and property belonged to the
City not the volunteer fire department . Mayor Trimble also
stated that the organization is not the City' s organization.
Councilman Westerhof said if this is approved the staff
should govern them with a stern hand.
Councilman Crane said we would have to be careful if we
begin to pose special regulations on this then we are
crossing the line as to who they are serving, the individual
volunteers or the City of Wylie.
Councilman Blakey said there are other who use the school
and my feelings are if they have a good tract record I have
no problem with it .
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Councilman Akin said fire department does a thorough job of
checking these firms out .
Mayor Trimble said he did not want to over see their fund-
raisers, the volunteer fire department is separate and apart
from the City. Finance Director James Johnson said the
City pays workers compensation, retirement fund and pay for
fire calls and meetings. Mayor Trimble asked Mr. Johnson
if the report was filed . Mr. Johnson said yes, it is filed
under the City of Wylie. Mayor Trimble stated that it was
not violation of the law but liability for the City.
Ms. Kim Brown, representative from Gallery Portraits, stated
that they always register with the police department in
every city. Ms. Brown stated that the city has control
because on the permit it states the City can revoke it at
any time. This is the first time I have run into this
problem where the Council did not want us to help the
volunteer fire department. Ms . Brown said the way we stay
in business is to make the fire department happy and raise
them money. This company does have a Dallas office and the
people selling will be out of this Dallas office.
Councilman Blakey asked about where the sales tax would go.
Councilman Westerhof said it would be paid to Atlanta.
Ms. Brown said the fire department could make $10 .00 off of
the coupon. This company expects to raise the fire
department $5 ,000 . Ms. Brown said that she told the City
Manager that they would take the "Wylie" out of the letter .
Mayor Trimble asked Mr . Lester Gayler if there was an
auxiliary. Mr. Gayler said there used to be but it is in
active at this time. A member from the volunteer fire
department said that the ladies auxiliary was going to start
back up in March. Mayor Trimble stated that the fire
department did not have an organization that these people
could represent. Mayor Trimble also stated that the fire
department needed to file the necessary papers for them to
be known as volunteer fire department.
Councilman Akin wanted to know when this program would
start. Mr . Roy Faires said they have already started in
County. Ms . Brown said we were told to get a permit before
we come into the city limits. Councilman DiTota said that
the fire department did service outside the city limits and
if they sell outside the city limits, we do not get the
sales tax . Councilman Crane said that the Council should
support the staff until all matters are cleared up.
This item died on the table for a lack of a motion.
APPROVAL OF LEASE AGREEMENT FOR TELEX COMPUTER SYSTEM -
POLICE DEPARTMENT: This is before Council for authorization
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for the City Manager to sign the lease agreement for this
equipment. Councilman Akin wanted to know if this is the
same equipment the department got through a grant a few
years ago. Mr. Johnson said yes, it is the up date to the
system. The equipment is here and had been put into
service. The department is getting this through Texas
Department of Public Safety for $9 ,000 . with three (3) years
to pay. This is a high cost item.
Chief Abbott said the old computer was on a grant and it has
expired and all equipment had to be updated with what Austin
is now using .
Motion was made by Councilman Westerhof to approve the
authorization for the City Manager to -sign a lease agreement
for the Telex Computer System. 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 .
DISCUSSION OF STAFF RECOMMENDATIONS FOR REVISION OF VARIOUS
DEVELOPMENT FEES: Mr . Johnson stated that this is a
discussion item and will be brought back to Council later .
Mr . Ron Homeyer , Assist. Engineer , stated in comparing our
fees with other cities, staff feels there is need for a few
changes. Staff is submitting the following for Council to
consider later :
Final Plat - no change
Park Fees - staff is recommending eliminating
Perimeter Street Fees - Staff is recommending some
changes - during active development, the developer
must construct a minimum of 24 ' concrete pavement
of all perimeter collector and thoroughfare
streets . Staff recommends that the developer not
be allowed to put money in escrow.
Lift Station Fees - staff is recommending revisions -
these revisions are based upon the interfacing
with a Regional Wastewater System.
Impact Fees - no changes
Councilman Akin stated that the park fees were brought to
Council back in 83/84 , but were not adopted at that time.
These fees were adopted some time later, had Council adopted
them in 83/84 we would have a better park system today.
Councilman DiTota asked if the City of Allen was using this
type of system for parks . Mr . Homeyer said in Allen they
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are allowed to use property in flood plain, in Wylie the
property has to be outside the 100 year flood plain. Wylie
will accept the property in the flood plain but will not
count it toward this ordinance. Mr. Homeyer said that the
City of Rockwall is very different, it depends on where the
property is and how many parks are already in that area.
Councilman Crane stated that if we wait, then we will not be
able to obtain the land later .
Mayor Trimble wanted to know if this was related to the new
laws . Mr. Homeyer said yes , but that the Senate Bill allows
cities three (3 ) years to do a study and master plan.
Mayor Pro Tem Donovan wanted to know if some type of action
had to be shown within a twelve (12) month period.
Councilman Blakey said if we had a master plan for the park
then you could visualize Wylie having two (2 ) or three (3 )
large parks. Mr . Faires said most of you know that I
carried this to the Park Board and Planning and Zoning and
City Council . The master plan we have is not as detailed as
you would want, but this was done in order to give us some
flexibility to accept land or not.
Mayor Pro Tem Donovan said she hated to see us loose any
land because we do not have a master plan .
Councilman DiTota said Plano shows no fees - has this been
revised. Mr. Homeyer said he was told that they did not
have any fees.
Mr . Faires stated that up until 1986 every park ordinance
has been struck down, but College Station was taken to the
Supreme Court and there it was upheld. That is why the City
of Wylie choose to go with the ordinance from College
Station.
Councilman DiTota wanted to know if it would be possible for
the developer to put in sidewalks through the development
and not wait until the house is built . Mr. Faires stated
that from his experience, if the developer puts in the
sidewalks , it will not hold up because of the heavy traffic
over them during the building of the house.
After lengthy discussion on the perimeter streets and on
certain subdivision, Mayor Trimble stated that a work shop
needed to be held by staff in order to work on these fees.
PRESENTATION BY CONSULTANT ON KEY RATE ANALYSIS: Mr . Tom
Wood, Key Rate Consultant, explained that a key rate is
based on factor of cost of property insurance. The lower
the key rate the lower the cost of your insurance. The
water system, fire department, electric, building codes and
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fire losses also fit into the key rate. Wylie fire records
are high in losses. The current key rate as of 2-1-88 is
$.30 . I have spent some time with the fire marshal and he
knows what needs to be done to try and bring these loses
down. I feel that there are loses listed under Wylie that
are not within your city limits. The city could bring the
key rate down to $ . 29 if you can bring your home owners
premium down. Mr . Wood went through a list of items such as
size of pipe in the older part of town , wood shingles needed
to be treated , need moore elevated storage for water, but
also reflected that some of these items would take care of
themselves as the city grew. Some could be taken care of by
the fire marshal and I have talked with him. The City has
improved since I was last here, which was in 1981 . The City
has helped by having a building and codes department and are
enforcing these ordinances. The fire department is in
good shape for a volunteer department . All equipment is
working and I have told the department that they need to get
in a roof survey. The city has mutual aid with other
cities.
Mayor Trimble wanted to know the effect a paid fire
department would have on the key rate. Mr . Wood said it
will bring it down a lot, if you had 12 paid firemen with
population of 8 ,000 with three men on duty at all time,
there would be a ten cent deduction from the key rate. Mr .
Wood also stated that a paid fire department is very
expensive. Once you go to a paid fire department you will
not go back to volunteers . It is better to spend you money
making the volunteer program more attractive then trying to
bring down the key rate with a paid department.
Councilman Crane wanted to know what procedures to go
through to get the State to lower the key rate. Mr . Wood
said do not try this until the records are corrected and the
roof survey is done and a number of other things that I have
told the fire marshal about .
Mr . Woods suggested that the volunteer fire department make
inspections and that should help keep the fire calls down.
Mr . Wood also stated that the water was being treated with
aluminum sulfate and this is clogging up your lines . Mayor
Pro Tem Donovan said she called North Texas Municipal Water
District today and they said they did not use aluminum
sulfate for treating the water, they use calcum sulfate.
Mr . Wood ask Mrs. Donovan to get with Larry Allen and let
him show you the trucks. Mr . Allen also told me he had to
replace the plumbing in his house because of this.
CITIZEN PARTICIPATION: Mayor Trimble invited any one
wishing to speak to come forward at this time, but to keep
their comments to within two minutes. There was no
participation at this time.
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COUNCIL DISCUSSION: Mayor Pro Tem Donovan said last night
there was a BBQ for some of Sanden Corp . I was put in a
very bad position as Mr . Wallace Jones said he would see me
later at the BBQ and I did not know what he was talking
about. I was very up set that I did not know what was going
on.
Mayor Pro Tem Donovan wanted to know if Southfork was having
water pressure problems . At least once a month they are
without water from the report I got. Mr . Homeyer said the
problem is being addressed and should be fixed within the
next month. Councilman Akin wanted to know what the problem
was . Mr . Homeyer stated that two (2) pumps designed for
fire protection were installed instead of what was needed ,
on a daily demand, as the pumps shut off the pressure falls
due to not having proper pumps. The storage tank will not
hold enough after the pumps shut off . The right type of
pumps are being installed and this should correct the
problem.
Mayor Pro Tem Donovan asked the city secretary about the
Lucas agreement and if it had been started through the de-
annexation procedure. City Secretary Carolyn Jones said
that she had been working as receptionist and court clerk
all week and had not had time to do work on this project.
Mayor Pro Tem Donovan said she would come to the office this ._
week and get the paper to engineering in order for things to
get started if that was ok.
Mayor Trimble apologized to Mayor Pro Tem Donovan and
Council for not telling them about the BBQ with Sanden.
This was a good meeting with Sanden and good input from them
in regards to the vendors that would be coming into Wylie.
There being no other business, a moti as made to adjourn
with all in favor .
uck Trimble, Mayor
ATTEST :
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