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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 53 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 54 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 55 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 . 56 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 57 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 58 (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 �` 59 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 , 60 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. 61 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, 62 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 63 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 . 64 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 65 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. f � Chuc H~i le;"1 ayor ATTEST : `�\``�`�����aO►Fn►n'ni)�I��� SEAL Carolyy ne , t % Secretary (POE,ui►sEa"�``'��