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09-13-1988 (City Council) Minutes 143 CITY COUNCIL MEETING MINUTES SEPTEMBER 13, 1988 The City of Wylie City Council met in regular session on Tuesday, September 13, 1988 at 7 :00 P.M. 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 Ortie Messenger, Bud Naish, Jim Swartz , Marvin Blakey and Chris DiTota, City Manager John Pitstick, City Secretary Carolyn Jones, Finance Director James Johnson, Code Enforcement Officer Roy Faires, Chief of Police Royce Abbott, Assist. City Engineer Ron Homeyer, Public Works Superintendent Don White, and Fire Chief Larry Allen. Mayor Trimble called the meeting to order and gave the invocation. PUBLIC MEETING 1988/89 BUDGET AND TAX RATE FOR THE CITY OF WYLIE: City Manager John Pitstick stated that in two weeks there would be a public hearing on the General and Utility Fund Budgets . City Manager John Pitstick presented the budget, it was noted that there had been a lot of meetings and late hours spent in preparing this coming years budget. There has been a loss in collection of taxes, it used to be you could count on 95% collection rate, but today we are only collecting about 85 to 90%. There was also a large amount charged to Agricultural use this year over last years amount. This is a direct impact to our revenues, the agricultural and loss of tax collections . Council and staff are recommending an increase in tax rate from $ .50 to $.5125 , with the following new programs and equipment: Monthly newsletter to all citizens Improved training for city employees adding one part time receptionist Chief Building Official taking over duties as Fire Marshall Combining Records Clerk and Police Secretary into one job Police Administration Assistant transferred to City Manager' s Office for complete compiling and cross referencing of all city ordinances and assist in annexation proceedings One Fire Support Vehicle One Fire Rescue Boat New Hydralic Air Bag Rescue system Library Directors Salary funded through Meadows Grant and outside support 144 Continuing active membership in North East Texas Library System (this system has donated a number --*� of books and equipment to our Library) One Park Employee dedicated solely to maintain Community Park (to be hired in February) Park and open Space Upgrade - two new lawn mowers, extending sprinkler system, playground equipment upgraded, State Highway Beautification Grant to construct landscaped entry ways on FM 544 and Highway 78 Continual upgrade of street program Shifting Vehicle Mechanic to night duty for more efficient services Upgrading of Animal Shelter Council has decided to set aside an increased amount for the Reserve Account. Councilman Naish requested City Manager John Pitstick to talk on the revenues being lowered and that each department head would be accountable for their budget. City Manager John Pitstick said staff has been very conservative in estimating our revenues for the upcoming year and also that each department would be held accountable for their own budget expenditures. Councilman Messenger stated that when the City Manager John Pitstick first went over the amount of increase in Agricultural use, the staff tried to get this turned around but the appraisal district turned us down. City Manager John Pitstick said in agricultural use, if you have crops or cattle and you have claimed agricultural use but decided to sell for development, then the City can roll your taxes back for five years, or the number of years your property has been in the city limits up to five years . Councilman Naish thanked the staff and other council members for the time spent and the work done on the budget. Councilman Swartz stated that the Council has tried to keep expenses down. I am sorry there is not more people here so they would know we tried to keep expenses down. Mayor Pro Tem Akin stated for the first time, I have missed some of the budget meetings . The Council and staff went item by item through each department. I appreciate this. We do have adequate reserve and this will help on the bond ratings. Everyone is not aware of the hard ships the City has had during the past few years. I feel the Council has done an outstanding job and I appreciate the staff . Councilman Blakey said the Council has been aware of the economy and we have tired to apply this to the upcoming budget. 145 Cecelia Wood of 515 Woodhollow Dr, stated , speaking as a tax payer, I appreciate your keeping the tax rate low. Paul Tucker , lives in Branch in the ETJ, putting a newletter in your utility bills does not include us . We have no communications with you. Mayor Trimble said not at this time, but these letters would be available for pickup at City Hall and around town. Mr . Tucker said we will have a hard time getting here. Mayor Trimble said the act of ETJ has been there for years, it has been put on us by law to protect the ETJ. Just because it is outside the City, there needs to be laws to see that it is developed properly. City Manager John Pitstick said we could send some copies to a general store if there is one in the area. Ron Bentley 501 Stoneybrook - on the water proposal is this going to pay direct on expansion of water/sewer. It seems to me you could raise taxes and recover this and help the citizens as they can recover on their income taxes if this increase was on our city taxes. City Manager John Pitstick said the Council wanted to be honest and if we spent money on streets , then charge it to streets and if it was water and sewer then charge it to water and sewer. There was extensive discussion between Council and staff on this matter. Mr. Bentley said you do not think you could tell us about the money in your news letter . Councilman Messenger said the other part is some people do not live in the City limits and we feel they should pay also . Councilman Naish said the General Fund has off set the Utility Fund in the past and we do not want that , we want the Utility Fund to stand alone. Mr. Bentley said the senior citizens will be hurt the worst. Mayor Trimble said water/sewer fund will be discussed at length in two weeks and I would appreciate the citizens coming. Mayor Trimble stated that most of these cost are coming from a mandate from the Texas Water Commission. Mayor Trimble thanked the Council for the hours put into the work on the budget . Council has put in over 200 hours and staff more. It is going to be a hard year. I am committed as a council person to make this budget work. There being no other questions or comments from the citizens, Mayor Trimble called for a recess before staring the regular business meeting . 146 Mayor Trimble called the Council back to order for the regular business meeting. APPROVAL OF MINUTES: The minutes being submitted are for the August 2nd, August 6th, and August 9th meetings. Councilman Messenger corrected the statement in the August 6th meeting , Mr . Ron Jeffries will donate the labor if staff gets the materials and paint, to say Mr. Jeffries said he would donate the labor to construct a bath house for the pool . There being no other corrections or additions to the minutes, a motion was made by Councilman Messenger to approve. 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 PROCLAMATION DECLARING SEPTEMBER 17 THRU SEPTEMBER 23 AS CONSTITUTION WEEK: Mayor Trimble read the proclamation and called for a motion. Motion was made by Mayor Pro Tem Akin to approve the proclamation declaring September 17 thru September 23 as Constitution week. 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. This motion carried with all in favor. APPROVAL OF TUCKER ESTATES FINAL PLAT: This property is located on the Branch Peninsula within the ETJ of the City of Wylie. City Manager John Pitstick said this is being brought back for a vote. This plat is divided from one lot into three lots. North Texas Municipal Water District has control over th septic system. This is in another water service area and will not be served by Wylie. The main concern is construction of a street. The plat is showing one half of a cul-de-sac and street on the property. We recommend approval of this with one half of a 27 ' concrete street and cul-de-sac. Mr . Tucker said the problem he has is the road . I have kept the sell of the property to someone wanting to maintain the house and lot. I have turned down sells because of them wanting to put in junk yards. There is a County Road and County is requiring 13 feet of easement with black top road . There is nothing done by Wylie. The schools are in Princeton, the water is from Culleoka , Police is out of McKinney. I have already lost the sale of the land. I do not understand why you want a concrete street. I can sell .-., the one lot to a person and he can put in a junk yard and you can not control that. 147 Mayor Pro Tem Akin asked mr. Tucker if he filed the plat in McKinney. Mr. Tucker said McKinney said to bring it to Wylie for approval . Councilman Naish wanted to know if we could get this out of the ETJ. Mayor Trimble said you can not , why we need it to be governed for protection. It may never be in Wylie, but we can control it until some other City can come into the area. Mayor Trimble said there is no other City out there at this time. Councilman Naish asked City Manager John Pitstick to explain the Subdivision Ordinance. City Manager John Pitstick said the State has allowed this in order to have controls. You will be in some City some day and this helps to have better standards. Councilman DiTota said we hear the same thing , we are to far away and you do not care for us . Councilman DiTota said he did not want to hear that because if it comes into the City, we inherit it and we want it to be done right . Mayor Pro Tem Akin said we have to treat them all the same. There being no other questions or comments, Mayor Trimble called for a motion. A motion was made by Councilman Messenger to approve the plat with a 27 ' concrete street as drawn on the plat and to comply with the City' s subdivision ordinance, NTMWD governed the septic system and water would come from Culleoka. 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. AUTHORIZATION FOR STAFF TO SEEK BIDS FOR PUBLIC SAFETY EQUIPMENT (BOAT) : Motion was made by Mayor Pro Tem Akin to authorize staff to seek bids for public safety equipment (boat) . Seconded by Councilman Messenger . Councilman DiTota wanted the bid specs to have Larry Allen' s approval. The vote on the above motion 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 . 148 AUTHORIZATION FOR STAFF TO SEEK BIDS FOR PUBLIC SAFETY EQUIPMENT (SUPPORT VEHICLE) : Motion was made by Councilman Messenger to authorize staff to seek bids for public safety equipment (support vehicle) . 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, Councilman Naish - in favor. This motion carried with all in favor. AWARD OF BID FOR BACKHOE FOR PUBLIC WORKS DEPARTMENT: Staff recommends going with the low bidder, Machinery International JCB 1500 Backhoe, in the amount of $31,397 . There were four bids received. Motion was made by Mayor Pro Tem Akin to award bid to Machinery International JCB 1500 Backhoe in the amount of $31,397 . 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 PAYMENT FOR CONSTRUCTION DRAW #1 FOR XIT PAVING AND CONST. , INC. : The construction draw #1 for XIT Paving is in the amount of $66 ,070 .80. Assist. City Engineer Ron Homeyer said the delay in Birmingham is due to Lone Star Gas line being just under the road surface and this line is being moved. Lone Star Gas is moving slow on this project. Motion was made by Councilman DiTota to approve the construction draw #1 to XIT Paving in the amount of $66,070 .80 . 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 PAYMENT TO APLHA TESTING, INC. FOR PAVEMENT DESIGN FOR THE 1988 STREET RECONSTRUCTION PROGRAM: This payment is in the amount of $7 ,515.00. Councilman DiTota said it appears staff has split over run cost, are there any ways to pickup additional monies from NTMWD or the various utility companies . Mr. Homeyer said it has not been done, as we try to work with other utility companies in locating lines. Councilman Messenger wanted to know if the payment is part of monies allocated with Cummings and Pewitt fees . Mr . Homeyer said we pay direct to Alpha but it is part of Engineering and Construction staking of the street program. Councilman Messenger stated he was not happy with Cummings ..w, and Pewitt and feel they have gone over the contract . Mr. Homeyer said it is an estimate not a contract. This is the final bill . 149 Mayor Trimble said this is the part we have no road base on. Motion was made by Councilman Blakey to approve the payment of $7 ,515.00 to Alpha Testing , Inc. 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 - against, Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with six in favor and one against. CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing to address the Council to come forward at this time, to state their name and address for the record and to keep their comments within two minutes. No one came forward at this time. COUNCIL DISCUSSION: Mayor Pro Tem John Akin stated his appreciation for the cross ties being removed from Railroad R-O-W. Also the information on railroad crossing at McCreary Road, is there correspondence about County trying to get the crossing moved when they put the road in. Also the cemetery situation, this is a County road and it took a long time to get the road paved. This was done because we could foresee the need for this road . I would like to see if we could continue on and try to get this road made into a good road this year . Mayor Pro Tem Akin also ask the Council and City staff to remember the open house for P.M. Akin Elementary School at 2: 00 P.M. this coming Sunday. Councilman Swartz stated his thanks for the citizens coming out for the public meeting on the tax rate. Councilman DiTota said he would be out of town Thursday and would not be able to be there for the meeting . Also my feelings and comments still hold on this sewer tap. Councilman Messenger the creek in Rustic Oak , it is in real bad shape, over grown weeds , water collects there, it is a real hazard and needs to be look into. Councilman Messenger also ask Chief Abbott if all the money has been used from the Women' s League. Chief Abbott said we bought a VCR, VCR camera, lock for door from lobby to jail area and safety vest for the officers . Councilman Blakey requested that Council look at Sanden Blvd. and Spring Creek Parkway and see if it is possible for the money to be moved from Spring Creek Parkway to Sanden and complete at least one street . City Manager John .ti Pitstick said we are planning on bring it back as soon as we can. Mr. Ruben Delgado from County has been on vacation and as soon as they are ready, which we hope to have this on the September 27th agenda. 150 Councilman Naish stated that one thing is Sanden should commit for part of their street. There is need for work on Brown Street. City Manager John Pitstick said these funds are for major thoroughfares and concrete streets. Councilman Naish said Highway 78 , right hand turn land, where do we stand on this. Mr. Homeyer said he has not received an answer back from the State yet. City Manager John Pitstick said the State has said if we submit a plan and we do all the work we can make improvements. Councilman Naish stated he received a call from a lady about fire arms being discharged and Dispatch told her the land was not in the City. She called back and was told the owner said he could do it if zoned Ag. Councilman Naish said his concern is the way this was handled and also that the Dispatcher knows where the city limits is. Chief Abbott said they should be aware of what is in our City Limits as they have a new map. There being no other matters of discussion, a motion was made to adjourn with all in favor . /2/12 "% Chuck Trimble, Mayor ATTEST : Caro yn es y Secretary = SEAL ei