Loading...
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: 160 • 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. 161 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 . 162 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. 163 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 . 166 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. 168 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 . 169 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. /7v Chuck Trimble, Mayor ATTEST : • VOOimmnuoill wk ��� Carolyn es , ecretary = SEAL