07-26-1988 (City Council) Minutes 52
CITY COUNCIL MEETING
MINUTES
JULY 26, 1988
The City of Wylie City Council met in regular session on
Tuesday, July 26, 1988 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
John Akin, Council Members Bud Naish, Ortie Messenger, Jim
Swartz , Marvin Blakey, and Chris Ditota, City Manager John
Pitstick, City Secretary Carolyn Jones, Code Enforcement
Officer Roy Faires, Finance Director James Johnson, and City
Attorney Robert Dillard .
Mayor Trimble called the meeting to order and Councilman
Blakey gave the invocation.
APPOINTMENT OF MEMBER TO ZONING BOARD OF ADJUSTMENTS: One
of the newly appointed members , Mr. Gene Tucker, has moved
from Wylie. His replacement will be on the board through
July, 1990 . Mayor Trimble tabled this item until the next
meeting.
APPROVAL OF RESOLUTION ENDORSING THE 1988 COLLIN COUNTY BOND
PROGRAM: Mr. Charles Belew gave a presentation on the
upcoming bond election. The process for this election
started about 12 months ago, a committee was formed and
acted as the Steering Committee. Final conclusion after
several meetings were to hold a bond election in the amount
of $107 . 7 Million Dollars. There were a lot of Collin
County Citizens who worked on a lot of the committees in
order to bring this issue to a vote of the people. Mr .
Belew stated that Collin County and the committees were
requesting the cities to endorse the bond program by
approval of the resolution.
Councilman Messenger wanted to know what our plans are for
telling the citizens about the election. City Manager John
Pitstick said there is a committee that is working on mail
outs . Councilman Naish said put the fact sheet in the water
bills plus the information that Wylie will benefit from the
program.
Mayor Pro Tem Akin wanted to know about the airport, is this
money for the McKinney Airport . Mr . Belew said it was for
the Commissioners Court to acquire the land that is adjacent .-.
to the present airport and at the time McKinney can enlarge
the airport, the City of McKinney will purchase this land
from the County. McKinney is wanting to expand their
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airport for cargo and possible passenger planes. If this
bond program passes, the City of McKinney has agreed to
change the name of the airport and add some County residents
to their board and make it a County wide airport .
Mayor Pro Tem Akin said we need to let the people know what
they will get from this bond issue. We failed in that phase
of the 1983 Bond issue and that is why some of it failed .
Mr. Belew said voting day is August 13th and we urge
everyone to go to the polls.
City Manager John Pitstick said there was about 40 citizens
from Wylie that served on these committees .
Motion was made by Councilman DiTota to approve the
Resolution endorsing the 1988 Collin County Bond Program.
Seconded by Councilman Messenger . The vote was as follows :
Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor,
Councilman Swartz - in favor, Councilman DiTota - in favor,
Councilman Messenger - in favor, Councilman Blakey - in
favor, and Councilman Naish - in favor . This motion carried
with all in favor .
PUBLIC HEARING ON THE ASSESSMENT OF PROPERTY IN CONNECTION
WITH THE 1988 STREET RECONSTRUCTION PROGRAM ON S. BALLARD
AND CALLIE COURT: Mayor Trimble opened the Public Hearing
on the assessment of property in connection with the 1988
Street Reconstruction Program on S. Ballard and Callie
Court. City Manager John Pitstick said this is on S.
Ballard and Callie Court and we are proposing to improve
Ballard Street from Stone Road south through the Thirsk
Corp. property. Mr . Lane from Lane Appraisal Company is
here, his firm did the appraisals on these streets . By law
the maximum we can charge is the enhancement , staff will
charge which ever is less, assessment or enhancement. The
Ordinance for this pay out is ninty (90) days no interest,
three (3) years with eight percent (8%) interest, five (5)
years with eight percent (8%) interest , or six (6) years
with eight percent (8%) interest . The property owners can
choose which payout option they want . This is for an
asphalt street . Mayor Pro Tem Akin wanted to know if this
was on the 1/3 ; 1/3 and 1/3 formula. City Manager John
Pitstick said yes, except Callie Court and that was approved
by Council some months ago on a 20% cost to Callie Court
and the City pick up 600 . Mayor Pro Tem Akin said S.
Ballard is what he is talking about . Mayor Pro Tem Akin
said all properties will be enhanced even those outside the
city limits, could we give them a chance to contribute.
Mr . John Seeley of 600 Valentine, stated he was represneting
the Church of Christ , will you have side walks. Mr. Ron
Homeyer said there will be walks . Mr . Seeley wanted to know
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how we assessed the school . City Manger John Pitstick said
just like every other property owner .
Mr. Irvin Brooks wanted to know how did you come by the
enhancement. There are some properties enhanced more than
other . Mayor said we hired an independent appraiser and he
made the appraisal on his expertise. The appraiser valued
the property on its value before and then what it would be
after improvements.
Mrs . Jane Baugh stated in making property value, our street
is improved and we pay for this and then our taxes go up.
Is this going to make our property go up. Mayor Trimble
said Council nor staff has any control , this appraisal for
taxes comes from Central Appraisal District . Mrs . Baugh
said she needed to get with the City Manager, as she was
very confused and wanted to get it straight.
Mr . Clyde Key of 345 Callie Court, I am anxious to get on
with this project . How wide is this going to be? Mr .
Homeyer said a 24 ' asphalt driving surface with a 26 ' base.
Mr . Tom Lane from Lane Appraisal Company, said real estate
appraisers have a process to go through when appraising, we
have done this for many cities. Take values from the taxing
authority first. This process is on a front foot basis
unless the lots sizes vary a lot in which case on Ballard
Street they did vary and then we have to change to linear
feet.
Councilman Naish wanted to know if other cities were doing
this same type of assessments . Mr . Lane said yes, Plano,
McKinney and Rockwall are doing it right now. Mr . Lane said
the condition of the house if in poor shape can be taken
into consideration, mostly it is land value only.
Mr. Brooks said he has two pieces of property and the larger
tract was assessed a lot less than the small tract.
Mr . Heischman said do you start with a base figure and then
add percent for improvements . Mr. Lane said we try and keep
improvements out . Mr . Heischman wanted to know if Mr.
Lane' s assessment was less then Central Appraisal can we
take your appraisal to Central Appraisal and ask them to
explain . Mr . Lane said yes, I would talk to them.
There being no other questions or comments, Mayor Trimble
closed the public hearing .
APPROVAL OF RESOLUTION ON THE LEVYING OF ASSESSMENT AGAINST
ABUTTING OWNERS OF PROPERTY FOR THE 1988 STREET •"*.,,
RECONSTRUCTION PROGRAM ON S. BALLARD AND CALLIE COURT:
Motion was made by Councilman DiTota to approve the
Resolution for the levying of assessments against abutting
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owners of property for the 1988 Street Reconstruction
Program on S. Ballard and Callie Court . Seconded by
Councilman Blakey.
Councilman Naish said property owners that are on the west
side in the County, I do not believe this is fair to our
citizens to pay for the people in the County. Also I had
asked the City Manager to ask the County to help. Mr .
Homeyer said we were not going into the part that the City
has de-annexed some of the road. All the road we are
reconstructing is inside the City Limits.
Mayor Pro Tem Akin stated he would like to contact these
people to help.
Councilman Naish wanted to know what County said . City
Manager John Pitstick said they would trade off where we
have half the road they would have half . This part is all
in the City, they did say they would work with us .
Councilman Akin said in 1982 the County said they would
maintain this road. City Manager John Pitstick said I was
invited to McKinney the first week I was here and was told
they would not maintain any city roads .
Councilman Messenger wanted to know what would happen if we
completed from Stone Rd. to the Fire Station . City Manager
said that would be about half way. I would be more than
happy to sit down with these people outside the city limits
and show them the enhancement.
Mayor Pro Tem Akin said he would like to see these people
talked to about the improvements.
Councilman DiTota wanted to know what would happen if we
deleted Ballard. Mr . Don White said it would make us still
be there when school starts . Mr . Dillard, City Attorney,
said you can not make an agreement or assess the people
outside the City.
City Manager John Pitstick said Mrs . Frey is here and she is
one of the property owners . Councilman Naish stated to Mrs .
Frey that she has 1 ,585 front footage on Ballard. We are in
the process of assessing the city residents to help pay for
this street. Would you be willing to contribute to this
program as your land will be enhanced. Mrs . Frey said this
property is owned by my sister and myself. I would be unable
to give an answer without talking with the others. I do
have the interest of Wylie in my heart and would want to do
my part. I do not know how much we are talking about .
Councilman Naish said that was the reason for talking about
taking Ballard off at this time, until we could talk with
all the abutting property owners outside the city limits .
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City Manager John Pitstick said we can sit down and talk
with the property owners and ask them to participate, but we
cannot make them participate. If you want to legally assess
them, we have to take ninety (90 ) to one hundred and twenty
(120) days and annex the property. Whether we build or not
it will not affect these people.
Councilman Naish wanted to know if it could be made a part
of the annexation ordinance that they would have to
participate in the improvements . Mr. Dillard said you have
a service plan but I am not so sure that you can not go
ahead and assess these abutting property owners. You would
have to go through the assessment process again for these
properties.
Councilman Messenger asked Councilman DiTota to amend his
motion to delete Ballard Street from this Resolution. City
Manager John Pitstick ask if money was there for Callie
Court . Mr . Homeyer said no, you cannot free up the
perimeter street funds unless you do Ballard. City Manager
John Pitstick said the money we are getting is from the
Meadows and Thirsk properties.
Councilman Naish asked Mr . Dillard if we approve this
ordinance can we go back an assess these property owners
later. --�
Mayor Trimble requested the motion to be withdrawn. City
Manager John Pitstick requested to table the item until the
next meeting instead of withdrawing the motion. Mr .
Dillard, City Attorney, said you will have to do the public
hearing , appraisal and assessments on all of these
properties. Mr. Dillard also said you can take the
ordinance under advisement, you can delete, but not add to
the ordinance.
Mayor Trimble said if we table we have not stopped
everything. Mr. Dillard said you have to go through the
process for these new properties.
Mr . Homeyer said Thirsk is paying $61 ,000 . and the Meadows
$51 ,000 . and there is not enough money with $51 ,000 . to do
over half of the project .
Councilman DiTota withdrew his motion to approve.
A motion was made by Mayor Pro Tem Akin to table the items
regarding the Resolution and Ordinance on the levying of
assessment against abutting owners of property for the 1988
Street Reconstruction Program on S. Ballard and Callie Court
until the next meeting. Seconded by Councilman DiTota. The -••
vote was as follows : Mayor Trimble - in favor, Mayor Pro
Tem Akin - in favor, Councilman Swartz - in favor ,
Councilman DiTota - in favor, Councilman Messenger - in
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favor , Councilman Blakey - in favor , and Councilman Naish in favor. This motion carried with all in favor to table.
PUBLIC HEARING ON THE RE-ZONING REQUEST FROM MONT HENDRIX
FOR THE TEXACO STATION FROM RETAIL TO BUSINESS ONE (B-1) :
This property is located on Highway 78 and is 0 .4958 acres
out of the S. B. Shelby Survey Abstract No. 820 . Mayor
Trimble opened the public hearing. City Manager John
Pitstick said this is a request for re-zoning from Retail to
Business One, to build a convenience store with a car wash.
Mr . Mont Hendrix said our plans are to build a nice facility
that everyone will be proud of .
Councilman DiTota asked Mr . Homeyer if there would be any
drainage problems . Mr . Homeyer said no, there was drainage
built into the plans.
Councilman Naish wanted to know why the fee was waived by
the City Manager . City Manager John Pitstick said Mr .
Hendrix had already brought in the plans and was told he was
in the right zoning. Therefore I waived the fee since it
was our error.
There being no other questions or comments, Mayor Trimble
closed the public hearing.
APPROVAL OF ORDINANCE RE-ZONING 0.4958 ACRES FROM RETAIL TO
BUSINESS ONE (B-1 ) : This property is located on Highway 78
and is out of the S. B. Shelby Survey, Abstract No . 820 and
is commonly known as the Texaco Station. Motion was made by
Councilman Naish to approve the ordinance re-zoning this
property to Business One. Seconded by Councilman Swartz .
The vote was as follows : Mayor Trimble - in favor , Mayor
Pro Tem Akin - in favor , Councilman Swartz - in favor,
Councilman DiTota - in favor, Councilman Messenger - in
favor , Councilman Blakey - in favor , and Councilman Naish -
in favor. This motion carried with all in favor .
ACCEPTANCE OF THIRSK CORP. PERIMETER STREET FEES IN LIEU OF
ASSESSMENT FOR BALLARD STREET : Mayor Trimble called for a
motion to table this item as the Resolution and Ordinance
for assessment to property owners was tabled . A motion was
made by Councilman DiTota to table. Seconded by Mayor Pro
Tem Akin. The vote was as follows : Mayor Trimble - in
favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in
favor, Councilman DiTota - in favor, Councilman Messenger -
in favor , Councilman Blakey - in favor , and Councilman Naish
- in favor. This motion carried with all in favor .
APPROVAL OF AMENDMENT TO ORDINANCE NO. 87-1 SIGN ORDINANCE
AMENDING THAT PORTION OF PORTABLE SIGNS: City Manager John
Pitstick said this has been brought forward to give us more
strength to disallow portable signs. Staff is giving six
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(6) months to remove these signs. Most cities do not allow
portable signs.
Councilman Messenger wanted to know if we are making any
kind of allowances for new businesses. Mr. Faires said
during any three (3) week period during the year you can use
banners .
Councilman DiTota asked Mr . Faires what is a portable sign ,
there is nothing in the ordinance. Mr . Faires said Mr.
Dillard stated the definition is critical to regulating
protable signs and it is difficult to come up with an
adequate definition. Mr . Dillard also sent staff several
ordinance to look at and go by in making the definition for
portable signs. The definition in our ordinance reads,
"Portable signs are those which are constructed off site and
are not rigidly affixed or attached to the ground or to a
permanent building or structure and shall include any sign
originally designed to be easily moved form place to place
whether rigidly attached to the ground or permanent
structure or not" . Mr . Faires said this definition has come
from another city' s ordinance.
Mrs . Jayne Chapman did you state the ordinance does not say
anything about wind resistance. City Manager John Pitstick
said there is an item in the regular sign ordinance but not
in the portable signs .
Motion was made by Mayor Pro Tem Akin to approve the
portable sign ordinance. Seconded by Councilman DiTota.
The vote was as follows : Mayor Trimble - in favor, Mayor
Pro Tem Akin - in favor, Councilman Swartz - in favor,
Councilman DiTota - in favor, Councilman Messenger - in
favor, Councilman Blakey - in favor , and Councilman Naish -
in favor. This motion carried with all in favor.
APPROVAL OF FINAL PLAT FOR ST. ANTHONY CATHOLIC CHURCH:
Planning and Zoning Commission reviewed this plat and
requested additional right-of-way on Brown to make it a 60
foot R-O-W. Motion was made by Councilman DiTota to approve
the final plat for St. Anthony Catholic Church with the
stipulation of enough R-O-W for 60 feet . Seconded by
Councilman Messenger . The vote was as follows : Mayor
Trimble - in favor, Mayor Pro Tem Akin - in favor,
Councilman Swartz - in favor, Councilman DiTota - in favor,
Councilman Messenger - in favor, Councilman Blakey - in
favor, and Councilman Naish - in favor . This motion carried
with all in favor.
APPROVAL OF PRELIMINARY PLAT FOR SMITH ESTATES: This
property is located on Highway 78 and is in the ETJ of
Wylie. Mr . Ron Homeyer said this is a large tract and the
owner wanted to divide it into several lots. City Manager
John Pitstick did request enough R-O-W so if this was taken �`
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into the City, there would be enough R-O-W to comply with
our current street ordinances. City Manager John Pitstick
stated that this person came into to me and wanted to put
another house on this land and it already has one house on
it. This meets our minimum requirements.
Mayor Pro Tem Akin said I realize this is ETJ, but I have a
problem with septic systems, we are under a mandate from the
State now.
Councilman Naish said Highway 78 going to four lanes, it
looks like we could have four access drives onto the
highway. Mayor Trimble said we cannot deny access . City
Manager John Pitstick said we could have two lots share an
access . Mayor Trimble said he shares Mayor Pro Tem Akin ' s
concerns about the septic system.
Councilman Blakey said this is in our ETJ, in our
subdivision ordinance does our perimeter street fund apply.
Mr. Dillard said your perimeter street fund applies only
inside the City. City Manager John Pitstick said it meets
minimum requirements with frontage on highway.
Mayor Trimble said there were some issues that need to be
answered before we move forward.
Councilman Swartz said we did not need to inherit these
problems in the future and that is what happens when we
accept plats at minimum standards .
Mayor Pro Tem Akin said people have intentions and then
property changes owners and we have problems.
Councilman Naish wanted to know the state law for septic
systems . Mr. Dillard said they have to meet requirements
from North Texas Municipal Water District .
Mr. Homeyer said the requirements are a lot stiffer for lots
smaller than one acre.
Councilman Messenger said we could have the same problem as
we have with Presidential Estates . Mr. Dillard said right
now the City does not have any say on this because we do not
serve them water . They have to meet NTMWD and County
requirements.
Mr . Homeyer said the City has some areas that we have
annexed and are not in our water service area and I would
like to file a convenience and necessity for this area.
Motion was made by Councilman Naish to deny the approval of
the preliminary plat for Smith Estates. Seconded by
Councilman Messenger. The vote was as follows : Mayor
Trimble - in favor, Mayor Pro Tem Akin - in favor ,
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Councilman Swartz - in favor, Councilman DiTota - in favor,
Councilman Messenger - in favor, Councilman Blakey - in
favor , and Councilman Naish - in favor . This motion carried
with all in favor to deny preliminary plat approval .
Mayor Trimble said with this denial , we should give some
guide lines to Planning and Zoning. Councilman Swartz said
Planning and Zoning passed on minimum requirements and if we
want more we need to set them up.
APPROVAL OF PRELIMINARY PLAT FOR TWIN LAKES PHASE II : This
property is located on S. Ballard and is commonly known as
the Thirsk Property. This is Phase II of the plat and shows
zoning and park land and has better access to the park land.
City Manager John Pitstick said we worked with these people
to provide better access to the park land . Seconded thing
is Alanis is a major thoroughfare with alleys in the back.
Mayor Trimble wanted to know if we could help them with
their street names.
Mayor Pro Tem Akin said the triangle piece of property is to
be dedicated to the City. Recommend lots be squared up and
the triangle piece of property be put in as part of the park
land.
Councilman DiTota wanted to know the number of lots in each
type of zoning. Mr. Homeyer said there was 67 lots in SF -
1, 106 lots in SF -2 and 164 lots in SF-3 and 1 Retail lot.
Councilman Messenger said he likes to see a lot of cul-de-
sacs , it makes the neighborhood look good.
Councilman Swartz said at the Planning and Zoning meeting
when this was discussed , the people were willing to work
with the City in order to do this right .
Motion was made by Councilman Messenger to approve the
preliminary plat for Twin Lakes Phase II with the
stipulation that the triangle piece of property be made a
part of the park land . Seconded by Councilman DiTota. The
vote was as follows : Mayor Trimble - in favor, Mayor Pro
Tem Akin - in favor , Councilman Swartz - in favor,
Councilman DiTota - in favor, Councilman Messenger - in
favor, Councilman Blakey - in favor , and Councilman Naish -
in favor . This motion carried with all in favor.
DISCUSSION AND CONSIDERATION OF DIVERTING WATER OFF CEMETERY
ON J. W. AKIN LANE: Mr . Ron Homeyer said the curb was
already in place when he came to work for the City. The
curb was there to divert water off of the houses below it. -..,
The Cemetery Board is requesting Council to give direction
to take the curb out . City Manager John Pitstick said staff
wants to work with both parties.
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Councilman Naish wanted to know if there was a State Law
about diverting the water from one property to another . Mr .
Dillard said yes .
Councilman Swartz wanted to know if we could put a curb on
the other side. Mayor Pro Tem Akin said the Cemetery Board
is concerned about erosion from the water and there are
grave sites close to the fence. Mayor Pro Tem Akin said the
past minutes will reflect that this area was a flood plain
and the Cemetery should be taken out of this problem. It is
a problem between the City and the developer.
Mr . Kent Crane is one of the property owners and he said
their property goes to the fence of the cemetery and the
water still goes on our property. There is a drainage area
that goes to the north side of Fifth with a natural slope.
In one rain Dr . Pilkington' s house was flooded. There are
two concrete flumes and both of these were completely full .
This natural slope was over loading the system. It seems to
be a solution when this curb was put in. I talked to the
City Manger and he said this would be fine. A contractor
did the work but the City paid for it. This water comes in
my yard. I watch this closely. It has not rained hard
enough to go over this curb. One time it has done this but
it was because someone had run over the culvert at the
cemetery entrance. Water runs on a natural slope and only
goes over this curb once every few years .
Mayor Trimble said you don' t see any reason for taking it
out . What can we do to help the cemetery? Mr . Crane said
right now there is a lot of grass in the ditch and this is
the best thing for erosion.
Mayor Pro Tem Akin said we have records that show that road
has been there for a long time and the developer knew that
this was in the flood plain . I know your deeds show that
the road is part of your property. But the minutes reflect
that this was a flood plain and signs should have been
posted . Mayor Pro Tem Akin also stated that there were
stipulations for wider alleys due to the flood plain. In
July 25 , 1983 there was a fifty foot right-of-way for Akin
Lane. Mr . Crane said there are five title polices that show
the property goes to the fence. The point is there is a
dedicated easement where the water is to go and that is
where it is going.
Mrs . Reta Allen said they have pictures before and after the
curb. Within the last two years it has washed the ground
away.
Mayor Trimble said if we can clearly see where the deed of
record shows legal boundary for these property owners and if
there should have been restrictions put on these deeds,
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could the title policy be responsible for the problem.
Mayor Trimble said before it was sold to these owners the
road had been dedicated, is there an issue. Mayor Trimble
said there is a question of who owns the ditch. Mr . Kent
Crane said it does not get on the cemetery property, it gets
close to it .
Mayor Pro Tem Akin said the road has been there for many
years and the developer was aware of it . Mr . Crane said the
solution is to maintain the ditch. Mr . Crane also said to
disturb this grass would cause a problem, and until the City
can put in culverts this will be a problem.
Mayor Trimble said Council has had staff to look at a
concrete liner in this ditch and several other ideals, but
the figures were so high we did not do anything.
Mrs. Reta Allen stated she and the Cemetery Board would like
to have the curb removed, but would allow the City and these
property owners to work out this problem.
Councilman Messenger said Mr. Homeyer has stated without
topographical maps you can not make a suggestion. Mr .
Homeyer said if you put in culverts and drainage, it would
help.
Councilman Swartz said we need to get a solution to keep
from flooding both sides .
Mayor Trimble asked that staff get together and include Mr .
Dillard and to try and come up with a solution.
APPROVAL OF PLAQUES FOR MUNICIPAL COMPLEX: Mayor Pro Tem
Akin stated that in the year 1986 the City Council approved
the plaques , one is the Mayor ' s plaque with all the past
Mayors listed with their term of office and the other is a
dedication plaque for the building honoring the Councils .
Mayor Pro Tem Akin recognized some of the people whose names
would be on the plaque and stated some of them were with us
tonight and we should let them know how much we appreciate
what they have done for our City. Mayor Pro Tem Akin
introduced the following people who served as Mayors : Mr .
and Mrs. A. D. Boyd, - from 1958 to 1961 ; Mr . & Mrs. 0. W.
Hampton - from 1964 - 1968; Mrs. Dean Hackler, her husband
Cecil was Mayor from 1970-74 ; Mrs. Geline Dodd , her husband
passed away while serving as Mayor in 1976; Mr. & Mrs .
William Martin, served from 1976 to 1978 , also served as
Mayor Pro Tem and Council Member and is the longest serving
city official for Wylie; Mrs. Genene Hughes , her husband Don
was Mayor in 1986 and was Mayor Pro Tem and Council Member
also, Don was not present; Mrs Pauline Akin, my wife,
representing me for my term from 1978 - 1982 and 1984 - "^*
1986 , her Grandfather J. Russel served as City secretary for
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ten years and my father J. W. Akin Sr . served from 1937 to
1938 . All of these have meant a lot to me personally.
Motion was made by Councilman Swartz to approve the plaques,
one for the Mayors and their terms and the other a
dedication plaque for the new complex and honoring the
Councils . Seconded by Councilman Blakey. The vote was as
follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in
favor, Councilman Swartz - in favor , Councilman DiTota - in
favor, Councilman Messenger - in favor, Councilman Blakey -
in favor , and Councilman Naish - in favor.
PRESENTATION BY FIRE DEPARTMENT ON THE NEED FOR PUBLIC
SAFETY EQUIPMENT: Mr . Craig Swaner of the Volunteer Fire
Department was to be here tonight and has called and asked
that I make the presentation. I am Craig Wilson, the Fire
Department is asking for a water rescue vehicle, which the
City of Plano has one up for bid. The need for this is for
the volunteers to have a safe vehicle when called out on the
lake for rescuing people. We have asked for this in the
past , but it has been taken out of the budget. What we have
has limited space and is not a safe vehicle. The City of
Plano has a 1983 Deck Boat with motor and trailer, two fuel
tanks, and safety equipment . With this board we can have
four fire fighters and be able to take on 8 victims . This
is a flat bed and we would be able to give necessary
emergency treatment. This boat also has water tanks which
would enable us to put out fires.
City Manager John Pitstick wanted to know what the time span
was on the bids. Mr . Wilson said he did not know.
Councilman Naish said it has less than 25 miles on it . Mr .
Wilson said the loan value on it was $9,000 , but I heard the
bids were starting at $6 ,000 . 00 . Councilman Naish said he
went with Larry Allen to look at this boat and it is in very
good shape.
Mayor Pro Tem Akin said for a long time the lake had more
drownings than any other lake. Many times our fire
department has had to drag the lake all night.
Mayor Trimble said it might be better to purchase it for the
police department for patrolling the lake for speeders and
people drinking, or maybe a joint effort .
Councilman Swartz said we want to protect our own people.
Councilman Naish said he had no ideal what to bid on this
boat. Councilman Messenger wanted to know if there was
money for this . Finance Director James Johnson said the
next item that we will have to talk about is the money for
this , but the Council will have to put a ceiling on the bid
price for staff .
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DISCUSSION TO CHANGE SCHEDULE "A" OF THE PUBLIC SAFETY
CONTRACT: Finance Director James Johnson said these
certificates are for Public Safety Equipment for certain
things. The Council will have to ask the holder for their
permission to make a change. Mr . Johnson said he did not
believe there would be a problem, but we have to have her
written permission. City Manager John Pitstick said he
would find out when the bids have to be submitted.
APPROVAL OF PROPOSED LEASE RATE AND TERMS FOR J. P. COURT IN
WYLIE MUNICIPAL COMPLEX: City Manager John Pitstick said
about six months ago we talked to Collin County about bring
the J P Court into our complex . City Council set a square
foot rate of $10 . 19 . It was in their court about three
months , they have come back and said their current location
has given them the option to expand at $8 . 00 per square
foot . Commissioners Court has given it to us for another
submission. Today they called and said they have been
offered a rate of $7 .50 per square foot . Putting the
numbers together, we would need to lower our rate to $8 .00
per square foot to be able to compete. What we are doing
when we lower the rate is lowering the amount collected for
debt service. My attitude is it is better to lease the
space than have it setting there empty.
Mayor Trimble said can we go down as low as utility cost and
janitorial costs. City Manager John Pitstick said that
would be $3.25 per square foot . City Manager John Pitstick
said that our County representative was behind us and wanted
us to get the lease. City Manager John Pitstick said we
would probably need to go to $8 .00 per square foot.
Mayor Trimble wanted to know if it could be a shorter term
with the lower rate. City Manager John Pitstick said with
the move in and building they have to do, it will have to be
a three year contract .
Mayor Pro Tem Akin said we need to make the best deal we
can. City Manager John Pitstick requested that Council
allow him to proceed with minimum of $8 . 00 per square foot.
Motion was made by Mayor Pro Tem Akin to approve the
submission of a the lease agreement with J. P. Court at a
minimum rate of $8 .00 per square foot . Seconded by
Councilman Messenger. The vote was as follows : Mayor
Trimble - in favor, Mayor Pro Tem Akin - in favor,
Councilman Swartz - in favor, Councilman DiTota - in favor,
Councilman Messenger - in favor, Councilman Blakey - in
favor, and Councilman Naish - in favor. This motion carried
with all in favor . �.,.
AUTHORIZATION FOR STAFF TO SEEK AN UPDATE ON CHARLES BINFORD
RATE STUDY FOR WATER AND SEWER RATES: Finance Director
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James Johnson said the proposal was suggested at the last
meeting. Council needs to address several items such as
water/sewer rates study with the growth rate. Mayor Pro
Tem Akin wanted to know who recommended the 15% growth rate.
Mr . Johnson said it is based on the growth rate from the
past years in the City, and is asking Council to allow him
to update the study. Councilman DiTota said when Binford
was hired there was another firm. Mr . Johnson said Reed
Stow. Councilman DiTota wanted to know what it would cost
for them to do the update. Mr . Johnson said a lot of money,
since Binford has all the information and data base and Reed
Stow does not have this . Mr . Johnson said that Mr . Binford
offered several options that Council could take the last
time. Mayor Trimble said Council should go with Binford
since he has all the information.
Councilman Naish said James you show us not using water and
yet NTMWD says we are buying more than last year . Mr .
Johnson said we are not using what we anticipated in the
study. Mr . Johnson said over all our usage is up but not up
on everyone. It is the growth and customer base.
Motion was made by Mayor Pro Tem Akin to approve the
water/sewer rate update by Mr . Binford . Seconded by
Councilman Messenger . The vote was as follows : Mayor
Trimble - in favor, Mayor Pro Tem Akin - in favor,
Councilman Swartz - in favor , Councilman DiTota - in favor,
Councilman Messenger - in favor, Councilman Blakey - in
favor , and Councilman Naish - in favor. This motion carried
with all in favor .
DISCUSSION OF POSSIBLE ANNEXATION: City Manager John
Pitstick said the areas that are colored in on your maps are
the areas we have completely or partially surrounded. The
City can annex up to 10% of what is already in the city
limits , can go up to 30% if we haven' t annexed. You have to
have public hearings on the forced annexations. City
Manager John Pitstick said if we could get some direction of
were to start. Mayor Trimble said to take the one that is
the easiest and move forward.
Councilman DiTota wanted to know why the Hughes Cemetery was
not annexed. Mayor Pro Tem Akin said it was just a mixed up
situation. I think the people had rather have it in the
city.
DISCUSSION OF ACCEPTANCE OF DEDICATION OF BIRMINGHAM FARMS
PARK AREA: Mr . Roy Faires said north of FM 3412 which is
now called Brown and east of FM 1378 there is a soil
conservation lake and it has been zoned for park land. When
I talked to San Antonio Savings, I told them we could take
the park land and reduce their taxes , we did want to get the
land donated . The question his people wanted to know was if
they gave us the land now, what would we do to enhance it .
66
Do we want to try and get this land or part of it and
enhance it . Mr . Faires suggested to ask for the area from - .
the dam to Brown Street for a picnic area.
City Manager John Pitstick said he would not want the City
to take the entire 94 Acres that is to be park land. We
could get a few acres an do some enhancement , whatever we
take we want to maintain.
Mayor Pro Tem Akin said at one time they had dedicated a 100
foot right-of-way and we do not want to loose that.
City Manager John Pitstick said it was a problem getting our
kids across Highway 78 to our park. Councilman Swartz said
if there is an area for a park, I just did not want to loose
it . Mayor Trimble said we do not want to take the lake
until it has a lot of improvements . Mayor Trimble said he
was against taking any of the land until it is improved,
taking a portion of this land could lead to someone drowning
in that lake. Mayor Pro Tem Akin said he did not want to
loose any of this land. City Manager John Pitstick said it
is zoned as public use and in order for this to be changed,
it will have to come back to the Council for approval .
CITIZEN PARTICIPATION Mayor Trimble invited anyone wishing
to address the Council to come forward at this time. Please
state your name and address for the record and try and limit
your time to two minutes.
Mrs . Jill Tomek of 511 Rustic Place, on Birmingham Farms
area, to insure getting the high dry area , go ahead and take
it and leave it as a wilderness areas for camping, the park
has no funds to work with and we have discussed having an
auction or garage sale. Mayor Trimble said we need to
remember what we did with the fire department , you need to
get someone or some other group to sponsor this. Mrs . Tomek
said they needed a room to collect the items for the sale
in. Mayor Trimble said one thing the City of Plano does is
collect newspapers and aluminum cans . Councilman Messenger
said he came up with the garage sale. Mrs . Tomek said don' t
you have an empty room here we could use. Councilman
Messenger said he would like to compliment Jill and the rest
of the Board. The last meeting they walked all the parks of
the City. I do not see a problem with using space in City
Hall . Councilman Messenger said about two weeks, Jill for
collecting these items. Mayor Pro Tem Akin wanted to know
what you would do with the things that do not sell . Mrs.
Tomek said we will sell everything . Mrs . Tomek wanted to
know if the old house on Birmingham could be condemned and a
road put through to the park behind Valentine Street. Mayor
Pro Tem Akin said Valentine Park was donated to us because —
the developer could not use the land or get to it. We had
hoped that people would use the park. Mrs . Tomek said to
look at purchasing this land.
67
Mrs . Jayne Chapman said two years ago this park was used and
was kept clean.
Mrs . Catharine Frey said since it is so late, I will
postpone the issue of my water rates until the next meeting.
There being no council discussion, a motion was made with
all in favor to adjourn.
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