11-27-1990 (City Council) Minutes ? 3 7
CITY COUNCIL MEETING
MINUTES
NOVEMBER 27 , 1990
The City of Wylie City Council met in regular session on
Tuesday , November 27 , 1990 at 7 :00 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 John Akin, Mayor
Pro Tem Don Hughes, Council Members William Martin , Chuck
Wible, Steve Wright, Percy Simmons, and Pat Stemple, City
Manager Bill Dashner , City Secretary Carolyn Jones , Finance
Director James Johnson, Engineer Paul Beaver .
Mayor Akin called the meeting to order and Rev. Mona Bailey
gave the invocation which was followed with the Pledge of
Allegiance.
MEMBER OF THE DALLAS REGIONAL MOBILITY COALITION: City
Manager Bill Dashner stated that Mr . Griffin, Executive
Director of Dallas Regional Mobility Coalition discussed the
possibility of Wylie joining the transportation
organization. This will be of help to Wylie in bringing
about the completion of State Highway 544 and 78 and also
give us help and support in Austin on any transportation
problems we might have. The membership fee is $910 . 00
annually . Staff recommends approval . A motion was made by
Councilman Wright to approve the membership in the Dallas
Regional Mobility Coalition with annual fee of $910 .00 .
Seconded by Mayor Pro Tem Hughes. The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor,
Councilman Wible - in favor , Councilman Martin - in favor ,
Councilman Wright - in favor , Councilwoman Stemple - in
favor and Councilman Simmons - in favor . This motion
carried with all in favor .
AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF
WYLIE AND PRIVATE PROPERTY OWNER ON AKIN LANE FOR THE
REALIGNMENT AND RECONSTRUCTION OF AKIN LANE: City Manager
Bill Dashner stated this agreement has been agreed to by Mr .
Raymond Cooper giving the City the right to use certain
private property in order to straighten out and realign Akin
Lane . Staff recommends approval of the agreement between
Mr . Cooper and the City of Wylie. City Manager Bill Dashner
requested City Secretary to read the agreement into the
records . The agreement reads as follows :
2 3 R
AN AGREEMENT AND MEMORANDUM OF UNDERSTANDING
The City of Wylie, Texas does hereby agree and make the
following commitment to Mr . Raymond B. Cooper , 301 Dogwood,
Wylie, Texas. Mr . Raymond B. Cooper has agreed to forfeit
certain private property located on Akin Lane in order for
Akin Lane to be straightened out and for the elimination of
a dangerous curve. This realignment of Akin Lane will be in
accordance with he revised replat (Replat of Lots 1 thru 10
and Lot 17 of Wylwood Estates, Installment 5 , dated
8/28/87 ) . In order for Akin Lane to be straightened out
certain obstructions will have to be eliminated. They are a
cluster of trees and a man made earthen burm. The City of
Wylie agrees in exchange for this property right, that Mr.
Raymond B. Cooper will not be assessed or charged for any
purpose pertaining to construction, rehabilitation,
maintenance or re-building in general of Akin Lane for the
duration of time that Raymond B . Cooper owns Lot 1 or 2 of
Wylwood Estates #5 .
Signed by Mr . Raymond B. Cooper and Mayor John Akin and
attested by Carolyn Jones, City Secretary.
A motion was made by Councilman Simmons to approve the
Agreement and Memorandum of Understanding as read . Seconded
by Councilman Wible. The vote was as follows : Mayor Akin - .•�
in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible
- in favor , Councilman Martin - in favor , Councilman Wright
- in favor , Councilwoman Stemple - in favor , and Councilman
Simmons - in favor . This motion carried with all in favor .
RECONSTRUCTION OF AKIN LANE FROM MASTERS TO STONE ROAD,
APPROXIMATELY ONE MILE OF TOTAL RECONSTRUCTION: City forces
started reconstruction of Akin Lane under the Perimeter
Street Program. This will be the most difficult and most
costly of all the road work we have done because this area
was not platted and there is a great deal of work to be done
on survey and realignment. The estimated cost on this job
is $35, 000 . 00 . There is $46,000 .00 available from Perimeter
Street money of which Mr . David Griffin has authorized
usage. A motion was made by Councilman Simmons to approve
the reconstruction of Akin Lane from Masters to Stone Road.
Seconded by Councilman Martin. The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor,
Councilman Wible - in favor, Councilman Martin - in favor,
Councilman Wright - in favor , Councilwoman Stemple - in
favor , and Councilman Simmons - in favor . This motion
carried with all in favor .
REPORT ON DELINQUENT AND BANKRUPT CASES INVOLVING NON-
PAYMENT OF AD-VALOREM TAXES TO CITY OF WYLIE: City Manager ,
Bill Dashner stated that there are 63 cases which involve
149 accounts after attorney fees, court costs and collection
fees, the amount is $100 ,284 .05 . Staff will prepare a
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report similar to this each month to keep you informed of
the delinquent tax collections.
REPEALING COMMUNITY PARK FUND AND ELIMINATION OF VOLUNTARY
ASSESSMENT OFF CITY UTILITY BILLS : City Manager Bill
Dashner stated that in October , 1989 a provision was made to
create a Community park Fund. This fund was placed on all
utility bills as a voluntary contribution of $1 .00 to go for
park capital improvements. Many utility customers have
little knowledge that this is a voluntary assessment. This
tax was not by separate ordinance or resolution. Under the
circumstances and the manner in which this was done, you may
want to repeal this action. Since this fund was started , it
has collected approximate $14,000 . There has also been
the question from citizens about having this refunded , but
staff can not refund unless the Council gives us authority
to do so . A motion was made by Councilman Simmons to remove
the voluntary contribution from the water bills on a
temporary basis and if Council decides to seek the
contribution again , to hold a public hearing first.
Seconded by Councilwoman Stemple. The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor,
Councilman Wible - in favor , Councilman Martin - in favor ,
Councilman Wright - in favor , Councilwoman Stemple - in
favor, and Councilman Simmons - in favor . This motion
carried with all in favor .
CONSTRUCTION OF NATIONAL GUARD ARMORY AND CITY OF WYLIE
INVOLVEMENT: City Manager Bill Dashner stated that the City
of Wylie has committed to one grade crossing with estimated
cost of $140,000 plus $10 ,000 for utility extensions and a
request to waive building permit fees and perimeter street
fees and also impact fees . This will have to be discussed
and voted on by the City Council . The perimeter street fees
are not necessary since Spring Creek Parkway is being paid
for by other sources. The Federal Government pays no
building permit fees, however the City Council must decide
if the Federal Government pays Impact Fees. City Manager
Bill Dashner stated it was his opinion that the Federal
Government could contest the impact fee ordinance. This is
a decision that the Council will have to make later .
POSSIBLE RELOCATION OR REPLACEMENT OF GASOLINE STORAGE TANK
AT SERVICE CENTER AND SERVICE CENTER LOCATION: City Manager
Bill Dashner stated the gasoline tanks are 20 years old and
will have to be relocated or replaced in 1991. Under
federal law the City in December will start monitoring the
tanks for leakage. There has been bond funds set aside for
the relocation of the City' s Central Service Center . These
funds were set aside because of the pending lawsuite -
Chemical Recycling and the gasoline tanks . The Council can
wait until the lawsuite is settled to see how much the City
recovers or start looking for a potential site for a future
service center location and relocate everything to this
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site. A motion was made by Councilman Simmons to seek .�
relocation property for Public Works Center . Seconded by
Councilman Martin. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible
- in favor, Councilman Martin - in favor, Councilman Wright
- in favor , Councilwoman Stemple - in favor, and Councilman
Simmons - in favor. This motion carried with all in favor.
CONSENT AGENDA: The consent agenda consisted of Easement on
Mccreary Road from the Resolution Trust Corporation of the
U. S. Government; Acceptance of Right-of-way Easement from
North Texas Municipal Water District for the Reconstruction
of Brown Street; cancel the scheduled City Council meeting
on December 25, 1990; and acceptance of Final Plat for
Martinez Addition, Phase II . A motion was made by
Councilman Martin to approve the Consent agenda as
submitted . Seconded by Mayor Pro Tem Hughes. The vote was
as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes -
in favor , Councilman Wible - in favor , Councilman Martin -
in favor , Councilman Wright - in favor , Councilwoman Stemple
- in favor , and Councilman Simmons - in favor. This motion
carried with all in favor .
PUBLIC HEARING FOR THE PURPOSE OF DECLARING PUBLIC NUISANCE
ON WEEDY LOTS THROUGHOUT THE CITY AND AUTHORIZE ABATEMENT OF
PUBLIC NUISANCE: Mayor Akin opened the public hearing and
stated anyone wishing to speak to come forward and state
their name and address for the record and to keep their
comments within five minutes. City Manager Bill Dashner
stated that there are weedy lots throughout the City that
the staff has been trying to get mowed for months . Staff
has been through the due process provision and would ask
that Council declare the weedy lots a public nuisance and
order them abated . Staff is requesting authorization to
receive quotes to have these weedy lots cut on a contract
basis and then attempt to collect from the property owner of
record. If this cannot be done the charge will be assessed
against property tax rolls . One citizens spoke (no name
given) in favor of this declaring public nuisance on weedy
lots. There being no other comments , Mayor Akin closed the
public hearing .
AUTHORIZATION TO RECEIVE QUOTES ON CONTRACT TO CLEAR WEED
LOTS BY DECLARING PUBLIC NUISANCE ON WEED LOTS: A motion
was made by Councilman Simmons to grant authorization to
receive quotes on contract basis to clear weedy lots by
declaring Public Nuisance on Weed Lots. Seconded by
Councilman Martin. The vote was as follows : Mayor Akin -
in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible
- in favor , Councilman Martin - in favor , Councilman Wright
- in favor, Councilwoman Stemple - in favor , and Councilman
Simmons - in favor . This motion carried with all in favor.
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PUBLIC HEARING FOR THE PURPOSE OF ZONING FROM AGRICULTURE
USAGE TO PLANNED UNIT DEVELOPMENT AS REQUESTED BY INVESTORS
NETWORK INTERNATIONAL: City Manager Bill Dashner stated
this property is located in the E. C. Davidson Survey,
Abstract 266 and being part of 30 acre tract of land,
(general location between FM 544 and W. Brown Street behind
Fox and Jacob' s addition) . This property is surrounded by
multifamily on the east and west sides, industrial on the
south and single family on the north. The proponent is
proposing to develop zero lot line homes that would compete
with the Single Family Residential - 3 regulations with the
following exceptions: 1 . side year - provide a zero side
and six feet between buildings ; 2. Lot area - allow for a
minimum lot area of four thousand square feet; 3 . Lot width
- allow a minimum lot width of forty feet . The relationship
of the requested zoning and adjacent zoning is compatible.
There are two other issues that have surfaced during the P &
Z deliberation. The first being only one access to this
development . This concern appears to be resolving itself
with the proposed development of Westgate Way through to
Highway 544 . The other issue is the proximity of this site
to the super fund site and other environmentally sensitive
areas. You can only assume that the United States
Government considered it safe enough to build a postal
facility closer to this site than this proposal .
Those speaking in favor of this proposed zoning were Mark
Kerstein, representing the property owners, Duane
Helmberger , Engineer for property, Don Light, Real Estate
professional .
Those speaking against the proposed zoning were Cheryl
Edwards of 613 Andersonville Lane, Ann Parker of 600
Andersonville Lane, and Mark Hadaway of 601 Andersonville
Lane.
There being no other comments, Mayor Akin closed the public
hearing.
APPROVAL OF ORDINANCE ESTABLISHING PLANNED UNIT DEVELOPMENT
ZONING ON PROPERTY DESCRIBED AS BEING LOCATED IN THE E. C.
DAVIDSON SURVEY, ABSTRACT 266 AND BEING PART OF A 30 ACRE
TRACT OF LAND, AS RECORDED IN VOLUME 671 , PAGE 720 OF THE
COLLIN COUNTY DEED RECORDS. City Manager Bill Dashner
stated that Planning and Zoning met on this property and
voted to recommend approval of this Planned Development and
staff recommends approval . Concern was voiced regarding
the environmental reports and the zoning buffer from
Industrial to Residential . City Manager Bill Dashner said
he has placed on the table in the back of the chambers the
rules from the Texas Air Control Board, if any industry is
not in compliance the action taken will be by Texas Air
Control Board not the City of Wylie. A motion was made by
Mayor Pro Tem Hughes to approve the Ordinance for Planned
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Development. Seconded by Councilman Simmons. The vote was
as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes -
in favor , Councilman Wible - against, Councilman Martin -
in favor , Councilman Wright - against , Councilwoman Stemple
- in favor , and Councilman Simmons - in favor . This motion
carried with five (5) in favor, and two (2 ) against.
APPROVAL OF PRELIMINARY PLAT FOR OAKRIDGE ADDITION: The
city staff has studied and reviewed this preliminary plat
for Oakridge Addition. This plat is in conjunction with the
zoning change for Investors Network International . The
staff recommends that this preliminary plat request be
approved . A motion was made by Mayor Pro Tem Hughes to
approve the Preliminary Plat for Oakridge Addition.
Seconded by Councilman Martin. The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor,
Councilman Wible - in favor , Councilman Martin - in favor,
Councilman Wright - in favor , Councilwoman Stemple - in
favor, and Councilman Simmons - in favor . This motion
carried with all in favor .
FINAL ACCEPTANCE FOR THE USE OF NEWLY CONSTRUCTED MUDDY
CREEK INTERCEPTOR SEWER LINE IN ORDER TO ELIMINATE TWO (2)
PUMP AND HAUL LOCATIONS AND ACTIVATE ONE (1 ) YEAR
MAINT_ENANCE BOND: In order to connect Southfork Mobile Home
Park and Presidential Estates Subdivision to the new Muddy -•-
Creek Interceptor we need Council approval for final
acceptance of Muddy Creek Interceptor Sewer Line. This
will eliminate two (2) pump and haul locations. The line
has been inspected by the Consulting Engineer, the City on
site inspector and the Director of Planning and Engineering.
The only remaining item in order to fully complete this line
is final sodding and seeding by the contractor in the spring
of 1991 under the supervision of Collin County Soil and
Conservation Service. At a future meeting final payment
will be requested and the release of 5% retainage, however,
the one (1 ) year maintenance bond will start on November
27 , 1990 . A motion was made by Councilman Martin to approve
the final acceptance for the Use of newly constructed Muddy
Creek Interceptor Sewer Line in order to eliminate two (2)
pump and haul locations . Seconded by Councilman Simmons .
The vote was as follows : Mayor Akin - in favor , Mayor Pro
Tem Hughes - in favor , Councilman Wible - in favor,
Councilman Martin - in favor , Councilman Wright - in favor ,
Councilwoman Stemple - in favor, and Councilman Simmons -
in favor . This motion carried with all in favor .
CABLE TV FRANCHISE COMPLIANCE WITH CITY ORDINANCES AND
FRANCHISE COMMITMENTS AND RATE INCREASE NOTIFICATION AND
NON-COMPLIANCE WITH FRANCHISE ORDINANCE ON SIXTY (60) DAY
NOTIFICATION : City Manager Bill Dashner stated that staff
was requesting to meet with TCI Cablevision of Texas, Inc.
and re-negotiate the Franchise Fee from 3% to 5% .
Therefore based on staff research I am persuaded that the
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City should take action to notify TCI Cablevision of Texas
that the franchise agreement is subject to renegotiation on
the following points:
1. Franchise Fee ( including all programming if legal)
2 . Franchise Terms (reduce from 15 year term)
3 . Rate Adjustment ( justification for two (2) rate increases
in less than one (1) year)
A motion was made by Mayor Pro Tem Hughes to grant
authorization for staff to re-negotiate franchise fee and
terms and rates with TCI , Cablevision of Texas, Inc.
Seconded by Councilwoman Stemple. The vote was as follows:
Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor ,
Councilman Wible - in favor , Councilman Martin - in favor ,
Councilman Wright - in favor , Councilwoman Stemple - in
favor , and Councilman Simmons - in favor . This motion
carried with all in favor .
AWARD COMPETITIVE BID ON THREE (3) NEW POLICE PATROL UNITS:
The award of this bid is in accordance with the FY 90-91
budget . Staff received five bids, two did not meet
specifications. The three bids meeting specification were
as follows:
Hudiburg Chevrolet 1991 Chev. Caprice $15,563 per unit
Ray' s Chevrolet 1991 Chev . Caprice $14 ,999 per unit
Reliable Chevrolet 1991 Chev. Caprice $15, 199 .96 per unit
Staff recommends the bid be award to Ray' s Chevrolet in the
amount of $14,599 per unit or a total cost of $44 ,997 . A
motion was made by Mayor Pro Tem Hughes to award the bid to
Ray' s Chevrolet for three Patrol Units in the amount of
$14 ,599 per unit or a total cost of $44 ,997 . Seconded by
Councilman Martin. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible
- in favor, Councilman Martin - in favor , Councilman Wright
- in favor , Councilwoman Stemple - in favor , and Councilman
Simmons - in favor . This motion carried with all in favor .
MONTHLY FINANCIAL REPORT : The two major accounts in October
month report are the General Fund in which the City received
$123 ,870 and expended $179 ,105 and in the Utility Fund,
received $196 ,775 and expended $140 , 315 . The General Fund
and Utility Fund together received $320,595 and expended
$319 ,420 for a positive balance of $1175 .
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FINAL REPORT ON RECONSTRUCTION COSTS FOR COTTONBELT STREET:
The original estimated cost to do Cottonbelt was $22 ,000 .
The final detail cost to complete this road was $26,605 .
the City used more asphalt than was estimated and spent more
on drainage work than was estimated .
Status report on original $200,000 earmarked for street
reconstruction:
Phase I 5 major streets $123 ,000 .00
Keefer Street 17 ,539.00*
Cottonbelt 26,605 .00*
Total Spent $167,144 .00
Beginning Funds $200 ,000 .00
Balance $ 32, 856 .00
* Includes Labor Costs
SYSTEMATIC SCHEDULE TO REMOVE AND ELIMINATE THE UNFUNDED *
LIABILITY OF ALL COMPENSATORY TIME ACCRUALS OF DEPARTMENT
HEADS : City Manager Bill Dashner stated there has been a
schedule for all department heads to remove and eliminate
all compensatory time they are entitled to by official
personnel records . Schedules have been received from
department heads that all this time will be eliminated by
the middle of 1991 . The method to be used is mandatory time
off from their duties. Needless to say this will put a
strain in some critical departments of City Government but
in my judgment it must be done in order to eliminate this
inordinate unfunded liability.
PAYMENT OF CLAIM TO SHIPLEY & INHOFE, CITY LEGAL COUNSEL ON
ENVIRONMENTAL ISSUE: This claim is in the amount of
$5,066 . 72 . with the payment of this claim to date the City
has paid this law firm $20,476 .44 . A motion was made by
Mayor Pro Tem Hughes to approve claim in the amount of
$5,066 . 72 to Shipley & Inhofe. Seconded by Councilman
Wright. The vote was as follows : Mayor Akin - in favor ,
Mayor Pro Tem Hughes - in favor , Councilman Wible - in
favor, Councilman Martin - in favor, Councilman Wright - in
favor , Councilwoman Stemple - in favor , and Councilman
Simmons - in favor. This motion carried with all in favor .
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CITIZEN PARTICIPATION: Mayor Akin stated those wishing to
address the Council to come forward at this time and state
their name and address for the records and to keep their
comments within five minutes. In accordance with the Open
Meeting Act, the Council will hear comments of public
interest, but any discussion shall be limited to placing the
item on a future agenda for consideration .
Steve Ahrens of 409 Gaston Dr . North addressed the council
concernign the fire department .
Richard Parker of 802 Heatherwood thanked Council for the
street program and wanted to know if the south end of Keeper
was going to be done.
There being no other business for discussion, a motion was
made to adjourn with all in favor .
John W. Akin , Mayor
ATTEST:
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Carolyn J nes , i Secretary - �