09-27-1988 (City Council) Minutes 159
CITY COUNCIL MEETING
MINUTES
SEPTEMBER 27, 1988
The City of Wylie City Council met in regular session on
Tuesday, September 27, 1988 at 6: 30 P.M. in the Council
Chambers of the Municipal Complex . A quorum was present and
notice of the meeting had been posted in the time and manner
required by law. Those present were Mayor Chuck Trimble,
Mayor Pro Tem John Akin, Council Members Bud Naish, Jim
Swartz , Ortie Messenger, Marvin Blakey and Chris DiTota,
City Manager John Pitstick, City Secretary Carolyn Jones ,
Finance Director James Johnson, Code Enforcement Officer Roy
Faires, Public Works Superintendent Don White, Chief of
Police Royce Abbott, and City Attorney Rob Dillard.
Mayor Trimble called the meeting to order and Councilman
Messenger gave the invocation.
PRESENTATION OF 1988/89 WATER AND SEWER BUDGET: City
Manager John Pitstick thanked the city staff and the Council
for the hours and work on the budget . We have worked for
approximately two months on putting the budget together.
Utility Fund Budget - new programs are as follows:
Actual allocation of utility costs by general fund
Increase in bulk water purchases
Purchase of new main water valves and coordination with
NTMWD for water loss explanation
Updating water and sewer maps
Capping old downtown water well
Increase cost of wastewater treatment plant and
collection lines due to TWC mandate
Joint funding of regional sewer plan
New pumps and motors to upgrade lift stations
Debt service on wastewater treatment plant allocated as
separate listing on utility bills
City Manager John Pitstick stated the water and sewer rates
would be as follows:
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WATER RATES: Monthly minimum charge (first 1,000 gallons)
$6.50 - volume charge for all consumption exceeding 1,000
gallons per month ( per 1,000 gallons) - 1,001 to 2,000
gallons $1 .82 and over 2 ,000 gallons $2 .40
SEWER RATES: Monthly minimum charge (first 1,000 gallons of
metered water consumption) $7.00, volume charge for all
consumption exceeding 1,000 gallons per month (per 1,000
gallons) $1 .20; $14.00 minimum monthly sewage collection and
treatment charge for non-residential customers, sewer fee
for apartment units, occupied mobile home spaces will be
$13.00 each.
"PASS THROUGH" : this charge shall be applied monthly to
each customer account in order to recover the projected
annual increase in costs related to operation, maintenance
and expansion of the City' s wastewater treatment plant.
Water consumption of 0 to 2,000 gallons $2 .00 ; water
consumption exceeding 2 ,000 gallons $5 .00 and non
residential customers $7 .50 .
Mayor Pro Tem Akin wanted to know if the rates included the
pass through. City Manager John Pitstick said the rates did
include the pass through.
PUBLIC HEARING ON THE 1988/89 CITY OF WYLIE BUDGETS -
GENERAL FUND, WATER/SEWER FUND, IMPACT FUND, LIFT STATION
FUND AND SANITATION FUND: Mayor Trimble opened the public
hearing on the 1988/89 budgets and requested anyone wishing
to speak to come to the front and state their name and
address for the records.
Mr. John Pierrel of 604 Stoneybrook, in going through the
rate study, I could not see why the Council paid for it. I
personally do not care what the other cities charge. The
pass through is for debt service only. City Manager John
Pitstick said yes. Mr . Pierrel stated he has a sprinkler
system in his yard and does not want to pay for that water
going into the sewer system.
Councilman Naish said that is why we are having the pass
through, in order to keep from charging people for watering
their yards. City Manager John Pitstick said there is a
maximum charge on sewer . Mr. Johnson, Finance Director,
suggested to put a separate meter on the sprinkler system,
you will have to pay a minimum bill every month even if you
do not use it.
Mr . Pierrel said if he remembers, there was a lift station
district plan set up that should take care of these new --�
lines. City Manager John Pitstick said there has been no
growth and therefore no money coming into this fund.
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Mr. Pierrel said he does not like the new rates, he does see
the justification but he does see where in Utility
Department some of the figures come from. Mr. Pierrel
referred to the minutes , with two employees and a budget of
$148,250. City Manager John Pitstick said this is not for
two employees only, but for the entire water department
budget, for parts and purchase of water for the city.
Mr. Pierrel also stated that he could not believe this
Council hired NTMWD when another Council had fired them.
Mayor Pro Tem Akin said it was because of our mandate. it
was easier and less expensive to let NTMWD take over and do
the improvements.
Mr. Pierrel said his main concern was financial abuse and I
see this and it is unsatisfactory.
Councilman Messenger said Council has worked on these
budgets and cut out and combined positions.
Councilman DiTota said he would have liked for Mr . Pierrel
to have come to the work session instead of now when the
budget is being presented .
Mr. Pierrel wanted to know how many old water lines does the
City have that need to be replaced. Mayor Pro Tem Akin said
it would really shock you, there is probably 35% to 40% that
needs to be replaced.
Councilman Swartz said just recently we had an old sewer
line collapse and we had to replace it . It was a clay pipe
line and kept caving in, it took a lot of time and money to
replace it .
Mr. Jerry David 510 East Gaston Dr . , in October, 1987 we
received a letter from the City Council , on Oct . rate
increases by 18%, we regret to have to raise these water
rates but due to Texas Water Commission , we must. This
improvement will be paid for by this increase. Now it is
increased 22% . What happened to the figures Mr . Binford did
last year .
Mayor Pro Tem Akin said what happened was last year was done
on a 15% growth rate and there was no growth.
Mr . Davis said your telling me, with the rates going up
every year you want have any growth this year. Mr. Davis
said next year will be another increase of 22% and the next
year we had better be ready for a 30% loss .
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Councilman Swartz said the debt is there and we have to pay —�
for it and it is not going away. I do not like it nor did I
like the letter last year. As long as you live here you
will have to pay the debt.
Councilman DiTota said the fact about 15% growth and
projecting 30% loss, no we are counting on 0% growth.
Councilman Naish stated that in the future, when development
comes in they will put in the sewer and water. The City
will not put any of it in again. We tried to be fair and
straight forward with everyone. We cut as much as we could
possible cut out of this budget. It is a stand we have to
take.
Mayor Pro Tem Akin said a lot of this was a mandate from the
State and we have no control over these.
Mayor Trimble said in defense of Mr. Binford, he did what
Council ask him to do and he did that last year on a 15%
growth because Council told him to use that rate. We have
taken a move conservative side and estimated 0% growth this
year . This will help establish the reserve we need and will
help if we have growth to hold down expenses next year.
Water and sewer will go up every year in every City. State
keeps increasing our policies on how to run and what kind of
requirements we have to follow. We happen to be on an
extremely old system and Texas Water Commission said we have
to bring it up to standard.
Mayor Trimble said he appreciated the help of the staff and
the Council for the hours and work spent on the budget. It
has been a pleasure working with everyone.
Mr. George Fournier, 249 Sue Ellen, none of us care about
increase, my problem is everytime I set down and write my
check, I wonder what service I am getting. I hardly have
enough water to take a shower. Is there anything you can do
to get more water to our side of town. I have been here for
two years and have always had this problem.
Mr . Ron Homeyer, City Engineer, said we have put in a pump
that should have helped , we may need to raise the operating
level a little.
Mayor Pro Tem Akin wanted to know if there has been any
other complaints about water . Mr. Fournier, said there were
several that said they were having this problem. City
Manager John Pitstick said they would check on it. Mr. Don
White, Public Works Superintendent, said this was the first
complaint he has heard in three months.
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Lisa Crocker, 414 Marble, who has control over the mandates
�M. from the State. Mayor Trimble said it was a committee
appointed by the Governor. Ms. Crocker wanted to know if
there were any standards they went by. Is there any other
options to deal with regarding the sewer problems.
City Manager John Pitstick said in the water/sewer rate
study, we show 0% growth, if growth occurs this could help
and new developers will have to pay their own way.
Mayor Trimble said yes, developers have fees to pay. Mayor
Pro Tem Akin said in 1985 Council adopted Impact Fees to
help with these cost and now State says to do a study to
prove your fees .
Al Nosar of 505 Rustic Place stated when he first talked
about moving to Wylie, his co-workers made fun of him,
telling me how silly I was to move to Wylie. Now, I wonder
if they were right , with all these increases , everyone is
going to be talking about us .
There being no other comments, Mayor Trimble closed the
public hearing.
APPROVAL OF ORDINANCE SETTING THE 1988 TAX RATE: The
ordinance setting the tax rate for 1988 year has stated the
rate to be $. 5125 per each $100 . valuation. Motion was made
by Councilman Naish to approve the Ordinance setting the
1988 Tax Rate at $.5125 . 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 AN ORDINANCE ESTABLISHING THE WATER AND SEWER
RATES FOR 1988/89 BUDGET YEAR: Councilman Naish stated
under the Sewage Collection and Treatment Rates , item d -
stating what the pass through is for that increase in costs
related to operating, maintenance and expenses be deleted
from this sentence. Motion was made by Councilman Naish
with the above correction to approve the water and sewer
rate ordinance. 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.
164
APPROVAL OF AN ORDINANCE ADOPTING THE 1988/89 BUDGETS FOR
THE GENERAL FUND - WATER/SEWER FUND - IMPACT FUND - LIFT
STATION FUND - SANITATION FUND: Motion was made by
Councilman DiTota to approve the Ordinance adopting the
1988/89 Budgets for General Fund - Water/Sewer Fund - Impact
Fund - Lift Station fund and Sanitation Fund. 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 .
Mayor Trimble called for a 10 minute recess.
Mayor Trimble reconvened the opening meeting.
APPROVAL OF MINUTES FOR AUGUST 16TH AND 18TH MEETINGS:
There being no corrections or additions to the minutes, a
motion was made by Mayor Pro Tem Akin to approve the minutes
of the August 16th and August 18th meetings as submitted .
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 ZONING REQUEST FOR INDUSTRIAL ZONING
FOR 95.49 ACRES OUT OF THE DUKE STRICKLAND SURVEY, ABSTRACT
841 : This property is located between FM 544 and Highway 78
and is commonly known as the Sanden property. Mayor Trimble
opened the public hearing. Councilman Naish wanted to know
about the taxes and if this land was under the ag use.
Finance Director James Johnson said they have paid their
taxes and have also paid a roll back tax on this property.
There being no other comments Mayor Trimble closed the
public hearing .
APPROVAL OF ZONING ORDINANCE FOR 95 .49 ACRES OUT OF THE DUKE
STRICKLAND SURVEY, ABSTRACT 841: This property is located
between FM 544 and Highway 78 and is commonly known as the
Sanden property. The request for zoning is for Industrial
Zoning . Motion was made by Mayor Pro Tem Akin to approve
the Zoning Ordinance for Industrial Zoning for 95 .49 Acres
out of the Duke Strickland Survey, Abstract 841 . 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.
165
PUBLIC HEARING ON THE RE-ZONING REQUEST FORM RETAIL TO
BUSINESS -1 FOR LOT 3, BLOCK 35 RAILROAD ADDITION: This
property is located on Highway 78 adjacent to Chapman' s
Restaurant. Mayor Trimble opened the public hearing.
Mr . Mike Miller of 309 Highland Dr . Rockwall , he is
proposing a quick change - oil and lube business in this
area. It is presently a vacant lot and it will have a two
(2) bay unit. This should bring in sales tax revenue and
property tax plus three employees. It will be called the
"Oil Depot" .
City Manager John Pitstick stated that there needed to be an
additional 18 1/2 feet for the improvements for Highway 78 ,
he will still need a 5 foot variance off the front and 8
foot variance off the back. Calloway has more dedication
than is needed and we are going to trade part of this for
the front .
City Manager John Pitstick said this could be put under a
PUD and the variances would be waived. otherwise it will
have to go to Zoning Board of Adjustments for the variances.
Councilman Naish asked what staff recommends . City Manager
John Pitstick said under zoning , we cannot require
dedication needed for the improvements to Highway 78 , but
would have more control under Planned Development.
Mr . Faires, Code Enforcement Officer, stated that if we
abandoned the 10 feet of R-O-W on Calloway, there will have
to be a replat.
Councilman DiTota wanted to know why three people voted
against this. Mr. Homeyer said we were not made aware of
this extra 10 feet to be given and that was the problem.
City Attorney Robert Dillard said if they build according to
this plan, they will have to go to Zoning Board of
Adjustments , or if you don' t do Business -1 , you go back to
Planning and Zoning and then to City Council for PUD.
Mrs. Jayne Chapman said when we approached the staff on
this, we were amazed that the zoning had been changed with
out us knowning it. This dedication will be 37% of our lot
and we were very hesitate. When staff came up with this
excess on the back of the R-O-W for Calloway, we went ahead
with our plans to try and do this. In looking at the lot,
this would clean it up and give an access to the property.
We need guidance on what steps we need to take now on
getting this to work.
Mayor Pro Tem Akin said that all of the Council was looking
forward to any businesses we can get . We need to decide
what zoning .
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City Manager John Pitstick said if Business - 1 zoning is
granted tonight, then he has to go forward to Zoning Board
of Adjustments.
Mrs. Chapman said we have problems with people parking on
this lot on weekends and the public using the dumpster. It
would help to clean up this lot.
Councilman DiTota said he would like to make sure it is in
the specifications to not have the cars left on the lots at
night.
Mr. Billy Mills said this oil change deal is the best thing
to happen in Wylie. I went through one in Plano and it is
clean and I never get out of my car.
City Manger John Pitstick said if looking at PUD, let
Planning and Zoning take care of it.
Mr. Faires said to let staff bring up the abandoning of the
R-O-W of the street and take care of this prior to PUD
coming forward.
There being no other comments Mayor Trimble closed the
public hearing.
APPROVAL OF ZONING ORDINANCE FOR LOT 3 , B LOCK 35 RAILROAD
ADDITION FOR BUSINESS -1 ZONING: This property is located
on Highway 78 and is adjacent to Chapman' s Restaurant.
Motion was made by Councilman Messenger to grant the
Business - 1 zoning . Seconded by Councilman Naish. 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 in the ETJ of the City of Wylie on
Highway 78 and CR 384 . City Manager John Pitstick said it
is a preliminary plat and staff and Planning and Zoning
recommends approval contingent on water and sewer plans.
Motion was made by Mayor Pro Tem Akin to approve preliminary
plat contingent on service plan for water and sewer and
these plans are to comply with Wylie standards. Seconded by
Councilman Naish. 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.
167
APPROVAL OF FINAL PLAT FOR TWIN LAKES PHASE II APPROVED FOR
CONSTRUCTION ONLY: This property is located on S. Ballard
and is commonly known as part of the Thrisk Corp. property.
Motion was made by Mayor Pro Tem Akin to approve the final
plat for Twin Lakes Phase II for construction only.
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.
AWARD OF BID FOR MOTOR GRADER (USED) : Mr . Don White, Public
Works Superintendent recommends to Council to table this
item for 30 days , as First National Bank of Sachse will
lease this to us . I would like to use the equipment prior
to recommending the purchasing of it . Motion was made by
Mayor Pro Tem Akin to table this item for 30 days . 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 to table for 30 days .
AUTHORIZATION FOR STAFF TO SEEK BIDS ON THE CAPPING OF THE
WATER WELL: This water well is located behind the old
police station on Ballard Street. City Manager John
Pitstick said this is another mandate from the State. We
looked at the well pump and it will take a lot of money to
repair . Staff recommends going out for bids . Councilman
Messenger wanted to know if we could choose to plug or cap
the well . Mr. Johnson said it has to be plugged and capped.
Mayor Trimble wanted to know if staff had checked into
plugging this in house. City Manager John Pitstick said you
have to have a permit from the State. Motion was made by
Mayor Pro Tem Akin to grant authorization for staff to seek
bids for capping the water well . 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.
APPROVAL OF PAYMENT TO CUMMINGS & PEWITT, INC. IN THE AMOUNT
OF $1 ,650.00: This invoice is for construction staking on
S. Ballard and Callie Court. Motion was made by Mayor Pro
Tem Akin to approve the payment in the amount of $1 ,650 .00
to Cummings & Pewitt, 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 - in
favor, Councilman Blakey - in favor, and Councilman Naish -
in favor. This motion carried with all in favor.
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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 records and to keep
their comments to within two minutes. There were no
speakers at this time.
COUNCIL DISCUSSION: Mayor Pro Tem Akin stated the dirt from
P M Akin Elementary School is running down and covering up
Akin Road. Staff needs to look at this , school needs to do
something about it also . Mr . Don White said he looked at it
the other day and there is a way to correct it .
Mayor Pro Tem Akin said the side walk going in for W A Allen
Blvd. , why didn' t we move the side walk over. Mr . White
said we put it in the center as a temporary until the street
is completed.
Mayor Pro Tem Akin said the crossing on McCreary Road , did
you check with County on this to see if they have a file on
it.
Mayor Pro Tem Akin said it looks like we are going into
whole sale of property involuntary annexations. I realize
the need to close these wholes, I do not endorse the
annexation of 133 tracts .
Mayor Pro Tem Akin, are we going to be called pot hole
capital of Texas . It is close to winter and I hope Don, you
can spend some time on the pot holes, especially on North
side of Ballard and Marble.
Councilman Swartz wanted to know if there is a load limit in
our City. I understand we have some signs and we are
waiting on signs. Mr . White said we are waiting on some
signs, I do not have the load limit signs yet .
Councilman Swartz thanked the citizens that come out and
participated in the public hearings for the budgets tonight .
Councilman DiTota wanted to know what kind of feed back from
merchants in the City on portable sign ordinance. Mr.
Faires said mostly negative from merchants.
Councilman Naish wanted to know the status of a right turn
lane on Highway 78, and has there been a meeting scheduled
with the Highway Department . Mr . Homeyer said the person we
are to meet with is on vacation and will be back on Monday,
I hope to set up a time then.
Councilman Naish wanted to know where we are on the check —�
valves as NTMWD. Mr. Homeyer said we are hoping for a good
rain so we can check them out .
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Mayor Trimble thanked the citizens for coming out.
Mayor Trimble recessed the open meeting and convened Council
into Executive Session under the authority of Article 6251-
17 V.A.C.S. , Section 2 paragraph "g" Personnel Matters at
9:10 P.M.
Mayor Trimble reconvened the open meeting at 10: 05 P.M.
There being no matters of decision from the executive
session, a motion was made to adjourn with a - in favor.
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Chuck Trimble, Mayor
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