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01-24-1989 (City Council) Agenda Packet
DATE POSTED 1-20-89 TIME POSTED 3:30 P.M. AGENDA REGULAR MEETING, CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, JANUARY 24 , 1989 7 :00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 36 Consider approval of the minutes of Nov. 29th, Dec. 13th, 15th, and 19th; and Jan . 7th, 10th, and 14th meetings 2 37 - 39 Consider approval of the Final Plat and acceptance of the water and sewer lines for Southfork Mobile Home Park 3 40 - 44 Consider approval of Final Plat for Phennel Addition which is in the ETJ of the City of Wylie (located on CR990 just north of CR738 , Branch Peninsula) 4 45 - 47 Consider approval of a request from Mr . Singletary and Mr . Beckham to relinquish the City of Wylie' s ETJ on 104 . 67 acres out of the S. D. Terry Survey, Abstr . 890 in the Branch Peninsula PUBLIC HEARINGS AND READING OF ORDINANCES 5 48 - 50 Conduct a public hearing on the request of Mr . Doug Poole owner of Poole Feed Supply to obtain a Specific Use Permit for feed store with outside sales 6 Consider approval of a Specific Use Permit for a feed store with outside sales to Mr . Doug Poole, owner of Poole Feed Supply 7 51 - 53 Consider approval of an Ordinance adopting benefits of S.B. 505 - granting additional rights , credits and benefits authorized by Section 64 . 202 (f) , 64 . 204 , 64 . 405 , 64 .406 , and 64 . 410 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended by the 70th Legislature ORDER OF PAGE BUSINESS REFERENCE BUSINESS PUBLIC HEARINGS AND READING OF ORDINANCES 8 54 - 57 Consider approval of an Ordinance adopting the Military Service Credit certain employees who performed or hereafter performed active service in the Armed Forces of the United States , under honorable conditions during periods of conflict with foreign forces, to apply and make deposits for and to receive special credit with TMRS for limited portions of such military service, and providing for payment by the City of additional deposits to the system on account of such service credit 9 58 Consider approval of an Ordinance amending Ord. No. 87-32 , Section 1 (2 ) (c) by adding the Police Dispatch area as a designated smoking area 10 59 - 60 Consider approval of an Ordinance altering the Prima Facie Maximum Speed Limits and no Parking established for motor vehicles operating upon certain portions of East Brown St . and Stone Road NEW BUSINESS 11 61 Consider approval of request for waiver of Sanitation Fees 12 62 Presentation by Annette Naish requesting approval for placement of recycling containers for old papers to be placed at the old Police Station on Ballard and at the Community Center on Thomas St . 13 Consider approval of placement of recycling containers for old papers to be placed at the old Police Station and at the Community Center 14 63 Consider appointment of a seven member committee for searching and putting together specs for amublance service for the City of Wylie APPROVAL OF PURCHASE/PAYMENT 15 64 - 66 Consider approval of payment request from XIT Paving and Construction in the amount of $50,663 .48 (part of the street reconstruction program) 16 67 - 69 Consider approval of payment request from Cummings & Pewitt Inc. in the amount of $47 ,537.90 for utility and paving construction staking on Birmingham and Stone ORDER OF PAGE BUSINESS REFERENCE BUSINESS GENERAL DISCUSSION 17 Citizen Participation 18 Council Discussion 19 Recess Open Meeting 20 Convene Council into Executive Session under the authority of Article 6252-17 V.A.C.S. , Section 2 paragraph "g" - Personnel Matters - discussion of position of Chief of Police and paragraph "e" consultation with City Attorney regarding Lifeline Ambulance Service 21 Reconvene open meeting 22 Consider any action necessary regarding Executive Session 23 Adjourn NOTICE OF REGULAR MEETING Notice is hereby given that the governing body of the City of Wylie will meet at 7 : 00 P. M. on theYyjj day of /1 , 198L, in the Council Chambers of the unicipal mplex at 2000 Hwy. 78 North in the City of Wylie, Texas , for the purpose of considering the attached agenda . Caroly ne i y Secretary POSTED THIS THE iV DAY OF / . 1989 , AT 3e2,14 M. CITY COUNCIL MEETING MINUTES NOVEMBER 29 , 1988 The City Council of the City of Wylie met in called session on November 29 , 1988 at 7 : 00 p.m. in the City Manager ' s Conference Room of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Councilmembers present were Mayor Chuck Trimble, Mayor Pro-Tem John Akin , Councilmembers Jim Swartz , Tom Pritzkau, Ortie Messenger , Marvin Blakey, and Bud Naish. Staff members present were City Manager John Pitstick, Finance Director James Johnson , Public Works Superintendent Don White, Assistant City Engineer Ron Homeyer and Secretary Candi White. Mayor Trimble called the meeting to order and Councilman Pritzkau gave the invocation. DISCUSSION ON WASTEWATER COLLECTION SYSTEM IMPROVEMENTS . City Manager John Pitstick introduced Mr . Bill Cox , Representative from Senator Ted Lyon' s office, Mr . Carl Riehn with North Texas Municipal Water District , Mr . Raymond Cooper with NTMWD Board , Mr . Dolan McKnight with NTMWD and Mr . Jim Parks with NTMWD. Assistant City Engineer Ron Homeyer explained to the Council that there were several areas where the City was having to pump and haul , and felt that Newport Harbor Subdivision could become a real problem if building continued . He also said that staff was proposing the following three alternates to eliminating the collection system problems : Alternate No . 1 - All wastewater collection system improvements being done in 1989/90 at a cost of $1 ,713 ,000 plus additional engineering costs of $64 ,000 , for a total project cost of $1 , 777 ,000 . Alternate No . 2 - 8" gravity sewer line for Steaks Over Texas in 1989 at a cost of $60 ,000 , one 8" gravity sewer line for Steel Rd ./Regency Business Park area in 1989 at a cost of $55 ,000 , and 10" and 18" gravity sewer lines for Steel Rd/Regency Business Park extension in 1989 at a cost of $342 ,000 . Phase I total - $457 ,000 . 18" gravity sewer and 10" force main and lift station for the Park lift station by-pass in 1990 at a cost of $326 , 000 , a 12" and 15" gravity sewer line for the Infrastructure Parallel at a cost of $279 ,000 , plus additional engineering costs of $33 , 000 in 1990 , plus an additional 5% inflation cost ($31 ,000 ) of construction, due to postponement to 1990 . Phase II total - $669,000 . 4" force main and lift station for Newport Harbor , 4" force main and lift station for Presidential Estates , and 8" force main and lift station and 10" force main and gravity line for Southfork Mobile Home Park at a cost of $651 ,000 in 1991, plus additional engineering costs of $31 ,000 , plus an additional 10% inflation cost ($65 ,000) of construction, due to postponement to 1991 . Phase III total - $747 , 000 . Total project cost for Alternate No. 2 - $1 ,873 ,000 l Alternate No . 3 - 8" gravity sewer line for Steaks Over Texas at a cost of $60 ,000 in 1989 , 8" gravity sewer line for Steel Rd/Regency Business Park area at a cost of $55 ,000 in 1989 , and 10" and 18" gravity sewer line for Steel Rd/Regency Business Park extension at a cost of $342 ,000 in 1989 . Phase I total - $457 , 000 . 18" gravity sewer and 10" force main and lift station for the Park lift station by-pass at a cost of $326 ,000 in 1990 , 12" and 15" gravity sewer line for Infrastructure Parallel at a cost of $279 ,000 in 1990 , plus additional engineering costs of $33 ,000 and 5% inflation cost ($31 ,000 ) on construction, due to postponement to 1990 . Phase II total - $669 ,000 . 36 " and 30" gravity sewer line for Muddy Creek gravity system at a cost of $711 , 000 in 1991 , 18" gravity sewer line for Newport Harbor gravity system at a cost of $469 ,000 in 1991 , 24" , 21" , 18" , and 12" gravity sewer line for Southfork Mobile Home Park gravity system at a cost of $625 ,000 in 1991 , and 21" gravity system for Presidential Estates gravity system at a cost of $157 ,000 in 1991, plus additional engineering fees of $196,000 and 10% inflation costs ($196 ,000) on construction , due to postponement to 1991 . Phase III total - $2 , 354 , 000 . Total project cost for Alternate No . 3 - $3 ,480 ,000 . City Manager John Pitstick said that staff was recommending either Alternate 1 or 2 , as there was not only a problem with pump and haul , but also with spillage. He also said that Alternate 3 was the ultimate solution, but the expense would cause a financing problem. Finance Director , James Johnson explained that combination water and sewer bills were increased 12% in January of 1987 , 18% in October of 1987 , and 24% in October 1988 , which is over 50% in 21 months . He also explained that improvements in Alternate 1 would be a one time cost figured at 8% , which would make the overall water and sewer rate increase 11 .3% . Mr . Johnson said that Alternate 2 would require staging and the City might have problems staging the issuance of that kind of debt . He explained that O&M would be an unknown factor , and that the figures only reflected debt service. Mr . Johnson said the Alternate 2 plan would require an increase in water and sewer rates of 39% in October of 1989 , 6 .9% in October of 1990 , and 10 .1% in October of 1991 . Mr . Johnson continued, saying there may be a problem borrowing funds if the project was staged , and probably couldn' t get funding from the Texas Water Development Board . City Manager , John Pitstick said the City had to meet with the Texas Water Commission in several weeks and needed to be honest about the fact that there is a plan in mind to get out of the pump and haul , and be prepared to show the numbers of increases in sewer rates in the past , as well as projected increases . Mr . Carl Reihn, with North Texas Municipal Water District , told the Council their problem was a tough one, and that raising rates makes citizens angry, but the Commission had the responsibility to eliminate pollution and wouldn' t be real happy with Wylie . He also said that Wylie is breaking the law when allowing spillage of raw sewerage, and that pump and haul is not acceptable in the State of Texas . Mr . Reihn stressed the fact that when the City met with TWC on December 6 , 1988 , they would have to have an acceptable plan, as TWC could fine cities every time there was a spill . He said the City had already been fined, but the fines could become stiffer , to point that no building permits could be issued or $1 ,000 a day. Mr . Reihn said he felt the Commission would have a problem with raw sewerage spilling at Southfork Mobile Home Park every time it rains . He also said that Alternate No. 1 would be the best plan, although the citizens would be upset , the problem would be solved . Mr . Reihn said he really didn ' t think the Commission would let the City break the law for another three years , and therefore, didn' t think the City could sell the phasing plan to the Commission . Mr . Reihn continued , saying the Water Development Board would work with the City to sell bonds , but the City would have to get bids and take them to the Water Development Board for approval . He also said there would be additional costs with phasing the improvements , and he wasn' t sure if the Water Development Board would even go for a phasing plan for financing . Mr . Bill Cox , with Senator Ted Lyon ' s office, said that funds are scarce and normally City' s have to take a number and wait in line, as there are many funds needed in many areas , but if their office knew Wylie needed the funds for this project , they could work to get the funds for Wylie when they became available . Mayor Trimble asked Mr . Reihn how sensitive TWC was to local water rates . Mr . Reihn said that they care, but didn ' t think it would seem that great to them when pollution is taking place, and felt the main question was how long TWC would allow the problems to continue . Councilman Naish asked if the figures included impact fee studies . Finance Director , James Johnson said they did not , as impact fees were a long term solution and the City needed to move immediately. Mayor Trimble asked if there were any tactics that other cities were using that might work for Wylie. Mr . Reihn explained that most cities that were under a court order were just correcting the problem. Mayor Pro-Tem Akin felt the City needed to explore every situation and keep trying to get Senator Lyon ' s office to help. Mr . Raymond Cooper , with the North Texas Municipal Water District Board of Directors , cautioned the Council about the aspect of TWC stopping the issuance of building permits . He said that there are developers with a hundred lots , and if they were unable to get building permits , the tax valuation on those lots would decrease. Mr . Reihn added that the phasing program looked as if it would save money, but it would actually cost more. He said he understood that the Council had to answer to the citizens of Wylie, but felt they had to decide what was best for the whole city. Mayor Pro-Tem Akin felt that as long as the City was making an effort with plans to correct the problem, TWC would listen, but when the City ignored the problem was when they lost their credibility. He said that Council needed to figure out the best way to correct the problem that would hurt the least . Councilman Swartz said the problem could not be ignored , as the City would have to pay for it one way or the other . Councilman Naish suggested postponing Newport Harbor , Presidential Estates and Southfork Mobile Home Park in hopes that development would increase and the cost could be absorbed. Councilman Blakey said it was too hard to go from the past to the future, and felt they needed to go from the past to the present and let the future pay for itself . Councilman Pritzkau agreed that the Council needed to think of the cost of utilities for the citizens , but also needed to think of the fact that raw sewerage was in their yard, and they may not want to wait two or three years to have that corrected . Mayor Trimble felt that Mr . Reihn needed direction on how to handle the next meeting with TWC. Mayor Pro-Tem Akin felt that if the Council was to by-pass the TWC staff , the staff would be angry. Mr . Reihn agreed that the staff would be angry, but they at least wouldn ' t have ammunition to give the Commission before the City talked with them. Councilman Swartz felt that Council obviously was not prepared , and needed to have the meeting postponed . Mr . Reihn said he would call the Texas Water Commission and cancel the meeting for December 6 , 1988 and tell them he would get back with them by January 15 , 1989 . CONSIDER ACCEPTANCE OF WATER AND SEWER LINES IN SOUTHFORK MOBILE HOME PARK. Assistant City Engineer, Ron Homeyer explained that the City has had nothing but problems with the water lines at Southfork Mobile Home Park, but had not had much of a problem with the sewer lines . He added that the electric, telephone, water and sewer lines were in a 10 foot easement , rather than the required 15 foot easement . Councilman Naish said the easement was discussed in a previous meeting , at which time Council was told that 10 foot was acceptable. Mayor Trimble said that 10 foot was acceptable and normal for a private park, but not for a subdivision in the City. Mr . Homeyer said that when the park was being constructed , daily inspections were not being made, but there sporadic inspections which proved that all utilities were being installed to subdivision standards . Councilman Blakey asked Mayor Pro-Tem Akin if he remembered if it was the City' s intent to accept those lines when the park was under construction . Mayor Pro-Tem Akin said that he understood from second hand information, that an agreement had been made between former City Manager , Gus Pappas and Mr . Holligan, owner of the park. He said he remembered at the time, that Council felt it would be best to annex the park for revenue purposes . Mayor Pro-Tem Akin' s feelings were that Mr . Holligan had met his end of the agreement . Councilman Blakey said he had read the agreement and didn ' t find anything that said the City would accept the lines . Councilman Messenger said that may be true, but felt the City needed to back any verbal agreement that had been made in the past . Councilman Naish said that Council was told if Southfork paid for the final plat and dedication of sewer lines and obtained a 15 foot easement, staff would recommend acceptance of the lines. Assistant City Engineer, Ron Homeyer explained that he had one plat showing streets and one large lot , and he told Mr . Burge, with Southfork Mobile Home Park, to submit a plat that also showed easements . Mr . Burge explained that plats cost money, and didn ' t feel they should pay for a plat without knowing if Council was going to accept the lines , therefore, they were asking for acceptance of the lines with 30 days to submit the plat . Councilman Naish made a motion to accept the water and sewer lines in the Southfork Mobile Home Park contingent on 15 foot easements and submission of a final plat that meets subdivision standards . The motion was seconded by Mayor Pro-Tem Akin. The vote was as follows : Mayor Trimble - against , Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor, Councilman Pritzkau - in favor, Councilman Messenger - in favor , Councilman Blakey - against , Councilman Naish - in favor . The motion carried with five in favor and two against . There being no other business , a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Candi White, Secretary CITY COUNCIL MEETING MINUTES DECEMBER 13, 1988 The City Council of the City of Wylie met in regular session on Tuesday, December 13 , 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, Councilmembers Jim Swartz , Tom Pritzkau, Ortie Messenger , Marvin Blakey and Bud Naish. Staff members present were Finance Director James Johnson, Public Works Superintendent Don White, Assistant City Engineer Ron Homeyer, Code Enforcement Officer Roy Faires , City Secretary Carolyn Jones , and Secretary Candi White. Mayor Trimble called the meeting to order and Councilman Swartz gave the invocation . Mayor Trimble moved part of Item 16 to the beginning of the meeting and convened Council into executive session at 7 : 04 p.m. , under the authority of Article 6252-17 V.A.C.S . , Section 2 paragraph "g" personnel matters - Acting City Manager . Mayor Trimble recovened the open meeting at 7 : 50 p.m. and a motion was made by Councilman Naish to rescend the appointment of Mayor Pro-Tem Akin as Acting City Manager . The motion was seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor , Mayor Pro-Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor, Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF MINUTES FOR THE AUGUST 11TH AND NOVEMBER 8TH MEETINGS . A motion was made by Mayor Pro-Tem Akin to approve the minutes for the August llth and November 8th meetings as submitted . The motion was seconded by Councilman Swartz. The vote was as follows : Mayor Trimble - in favor , Mayor Pro-Tem Akin - in favor, Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . PRESENTATION BY KEN FORD ON 1984 TAXES AND PENALTIES FOR WESTERN AUTO. Mr . Ken Ford, owner of Western Auto and resident of Wylie , told the Council that he purchased a piece of property out of a tract that belonged to Harold Spence in 1984 . He said at the time of purchase, the responsibility of the taxes were to be agreed on between Mr . Spence and himself . Mr . Ford explained that he never heard anything from Mr . Spence , so in 1985 he asked Mr . Spence about the taxes . He said Mr . Spence told him he had taken care of the 1984 taxes , and Mr . Ford said he had paid all the taxes since 1985 . Mr . Ford told the Council that he received a letter from the City' s attorneys which stated he was being sued for 1984 and 1985 unpaid taxes , at which time he produced a receipt for the 1985 taxes and they were taken off the lawsuit . He said he approached the County and found he was late on their 1984 taxes also, at which time he paid the taxes and the County waived the penalty and interest for him, since he had not been notified that the taxes were due. Mr . Ford told the Council that the City had not been very considerate of his problem, and that his taxes were in the thousands of dollars , but this particular statement was only three hundred and some odd dollars , and was asking the City to reimburse him for penalty, interest and court costs . Councilman Blakey asked how much the taxes were with penalty, interest and court costs . Mr . Ford said they were $403 .38 . Councilman Messenger asked about the agreement Mr . Ford had signed with Mr . Spence regarding 1984 taxes . Mr . Ford said that Mr . Spence had told him they were paid . Mayor Pro-Tem Akin asked if the title company had issued a title policy. Mr . Ford said they had, but 1984 taxes were not due at that time. Councilman Naish asked Finance Director , James Johnson , why there was a time lapse of four years. Mr . Johnson said that normally when a property was sold, the buyer got the taxes pro-rated and the title company held the money. He explained that in this case, the money was not held . Mr . Johnson also said that in accordance with state law, the Council could not waive the penalty, interest and court costs on past due taxes . City Attorney, Rob Dillard told the Council that failure to notify the owner of past due taxes did not give the Council authority to waive penalty and interest fees . Councilman Pritzkau added that it was his understanding that it was the buyer ' s responsibility to notify central appraisal of the correct address . PRESENTATION BY MR. ED CURRAN ON THE RECYCLING PROGRAM OF CANS, NEWSPAPERS, ETC. Mr . Curran , 639 Williams Way, Richardson, Texas told the Council that he was asked to give a presentation on the recycling program in Richardson . Mr . Curran explained that he was with an organization called "REAL" , which worked with the City of Richardson , but did not have a contract with them. He said that there were three drop bins in the city, where cans and newspapers could be dropped . Mr . Curran said that in one sense REAL had been very successful , due to the ability to give these type presentations , but when looking at it in dollars and cents , it didn' t appear to be a success . He told the Council that in 1987 , there were 44 ,537 tons of waste material put in the Richardson landfill . He said that over a period of time, REAL had made $50 ,000 , and they gave 25% of their paper revenue to the parks department for trees . Mr . Curran explained that REAL manages the program, but the City supports it. He didn' t feel that waste was a City Council problem, but a community problem. Mr . Curran said that everyone has to work together , including the Chamber of Commerce, Jaycees , etc . , and that an arrangement is put together for individual cities . Mr . Curran concluded, saying that REAL had a membership of over 300 volunteer workers and would be happy to help the City of Wylie start a program. DISCUSSION OF DELINQUENT ACCOUNTS RECEIVABLE AND POSSIBLE CONTRACT WITH OUTSIDE COLLECTION AGENCY. Finance Director , James Johnson gave the Council a copy of the delinquent tax roll for years 1982-1987 , which consisted of over $189 ,000 in delinquent taxes . He said that there were several cases on the list for litigation , with about 25 more cases going to court soon . Mr . Johnson said the street assessment program was delinquent in the amount of $6132 . 09 , and that those properties had liens against them. He also told the Council that there were 624 outstanding warrants , totalling $62 ,070 , part of which would be remitted to the state . Mr . Johnson said there was approximately $46 ,916 remaining from unpaid ambulance billings , and approximately $13 ,531 in bad debt expense for the utility fund for year ending 1987-88 . Mayor Pro-Tem Akin stated that there was approximately $324 ,549 in delinquent accounts receivable, which was discouraging not only to the Council , but also to citizens who do pay their bills . He felt the City should try to recover some of the debt , even if it meant going through an outside collection agency. Councilman Naish asked if notices had been sent registered mail . Mr . Johnson said the notices had only been sent regular mail . Councilman Swartz said he had been in the collection business for a number of years , and had found that some people simply would not pay without someone going after them. Councilman Pritzkau felt that if Council made the people aware that there would be an additional charge to cover cost , plus court costs , they might would pay more willingly. The Council asked Mr . Johnson to contact various collection agencies , and bring his findings to Council . City Attorney, Rob Dillard , added that delinquent taxes could not be handled by a collection agency. CONSIDER APPROVAL OF ANNEXATION ORDINANCES OF THE FOLLOWING PROPERTIES (SEE ATTACHMENT "A" OF THE MINUTES) . Councilman Naish said that according to the service plan , the City must provide water and sewer to the annexed properties , but that Mr . Tye said in his letter that he didn ' t have water on his property, and that Mr . Easterling didn' t have water . Assistant City Engineer , Ron Homeyer said that water and sewer were in front of Mr . Tye' s property, and that Mr . Easterling had water 200 feet from his property. City Attorney, Rob Dillard said that 200 feet was a reasonable distance . Councilman Pritzkau asked if the police and fire departments were going through areas that were not in the city limits to get to areas that were . Code Enforcement Officer , Roy Faires said they were. Councilman Naish made a motion to approve the annexations listed in attachment "A" of the minutes . The motion was seconded by Councilman Swartz. The vote was as follows : Mayor Trimble - in favor , Mayor Pro- Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF ANNEXATION ORDINANCE FOR 2 ACRES OUT OF THE R.D. NEWMAN SURVEY AT THE REQUEST OF BEN ALVARADO AND IRENE ALVARADO (THIS PROPERTY IS LOCATED ADJACENT TO CENTURY BUSINESS PARK AND GLEN KNOLL MOBILE HOME PARK) . A motion was made by Mayor Pro-Tem Akin to approve the annexation ordinance for 2 acres out of the R.D. Newman Survey at the request of Ben Alvarado and Irene Alvarado. The motion was seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor, Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF AN ORDINANCE AMENDING ORDINANCE 83-18 BY ADDING TO SECTION 6 PARAGRAPH 6 .02 SUBPARAGRAPH B A NEW NUMBER 4 PERMITTING THE COLLECTION OF PERIMETER STREET FEES ON NEW LOTS ON AN INDIVIDUAL BASIS. Councilman Messenger said that when Council discussed amending the ordinance at a prior meeting , they specifically asked that a section be added which stated that the balance of the street fees would be payable if the City should decide to reconstruction the street before the sale of the property. Code Enforcement Officer, Roy Faires told the Council that the words "or at the time of street improvement , whichever comes first" could be added at the end of Paragraph 4 , Section 1 . City Attorney, Rob Dillard stressed the fact that the issue would have to be addressed at the time of final plat , as this would not be automatic, but the Council would have to make the decision when approving the final plat . A motion was made by Mayor Pro-Tem Akin to approve the ordinance amending ordinance 83-18 , with the addition of the above wording to collect full perimeter street fees at the time of street improvement . The motion was seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor, Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF A RESOLUTION SUPPORTING THE LOCATION OF BROOKSHIRES WITHIN THE CITY OF WYLIE . Councilman Swartz told the Council that he had asked that this resolution be put on the agenda , as he felt that most people went outside of the city to do their shopping and wanted to show Brookshire' s their support of them locating in Wylie. Mayor Pro-Tem Akin agreed that the Council owed it to the citizens to do everything possible to bring business to Wylie. Councilman Pritzkau was curious why the hospital did not want Brookshires to have the easement adjoining their property. Mayor Trimble said he had a conflict with the resolution, as he was a representative of the Family Health Clinic and the Wylie Community Hospital , and therefore, would have to abstain from the discussion. Councilman Swartz pointed out that the resolution did not specify any piece of property for Brookshires to chose in locating . Mayor Trimble added that the resolution also was not to anyone in particular , therefore, he could support a non- specific resolution. He added though, that the Council was supporting having a company come to Wylie to compete against existing industry in Wylie , and wanted to encourage a resolution supporting the existing grocery industry also . A motion was made by Councilman Swartz to approve the resolution supporting the location of Brookshires within the City of Wylie . The motion was 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 Pritzkau - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF A RESOLUTION SUPPORTING THE DEADLINE TIMES AND DATES FOR AGENDA ITEMS AND AGENDA BACKUP INFORMATION FOR CITY COUNCIL, PLANNING AND ZONING, ZONING BOARD OF ADJUSTMENTS, LIBRARY BOARD, AND PARK BOARD MEETINGS AND FOR AGENDA PREPARATION AND CONSENT AGENDA AND CITIZEN PARTICIPATION. City Secretary, Carolyn Jones explained that there had been some problems in the past with getting items and backup in her office early enough to get the packet out in a timely manner . She said that this resolution would give her the authority to pull an item from the agenda if backup information was not in her office by Wednesday at noon before the council meeting the following week. Mayor Pro-Tem Akin said that he fully endorsed the resolution and Mrs . Jones ' situation, as he had seen her at City Hall until 12 : 00 or 1 : 00 on Friday nights trying to get the packet out . Mayor Trimble told Mrs . Jones he would like to thank her for putting the resolution together and asked if any councilmembers had any questions . l Councilman Naish stated that he felt there was a conflict with the charter , as the resolution said that citizens did not have the right to speak at council meetings and according to the Home Rule Charter , Section 12 said that there would be a reasonable opportunity for any citizen to be heard at a public meeting . City Secretary, Carolyn Jones said she could change that in the resolution , but that the resolution did cover citizen participation . Councilman Naish also commented on Section 4 , paragraph 1 saying that items posted on the agenda could not be discussed during citizen participation, caused a problem with him, as if a citizen speaks to the council at the time of discussion on an item and thinks of something to add to his comments , he should be allowed to speak. Mrs. Jones said that could also be deleted from the resolution , as it was only in there because the item would have already been voted on . Councilman Messenger felt the resolution should address the cases where a citizen wanted to speak on an agenda item. Mrs . Jones said that any agenda item is open to the public, but the Council might want to put a time limit on it . Mayor Trimble said that might be something the Council would want to do at a later date, in order to add flow to the meetings . Councilman Blakey asked about Section 2 , paragraph 1 , which stated that written request from four councilmembers could remove an item from the agenda . He said he had a problem with that , as if there was a controversial issue, it could prevent a citizen from being able to speak to the Council about it . Mrs. Jones said that Council could not even discuss the item at that time, and it was in there in case councilmembers felt that an item needed more research before being on the agenda . She added that the item could only be pulled two times , and the third time it would have to remain on the agenda . Councilman Naish asked that a section be added to the resolution that would state that if the party who placed an item on the agenda , pulled that item, there would be no discussion by the Council . Councilman Pritzkau asked why the Mayor was given power to verbally pull an item from the agenda when the remainder of the Council must have four votes to do so . Mrs . Jones said that this was referring to individuals who had requested that their item be pulled . Mayor Trimble added that this was only a resolution and was totally non binding . A motion was made by Mayor Pro-Tem Akin to approve the resolution with the necessary corrections . The motion was seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor , Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF TORT CLAIM TO ELAINE SIMS FOR DAMAGES TO HER CAR ON CITY PROPERTY IN THE AMOUNT OF $251 .11 . Finance Director , James Johnson told the Council that the claim was for a city employee on city property. He said that the claims were normally investigated on a public street , but since this was on city property with an employee , the insurance adjuster had not investigated . Councilman Swartz said he understood that Ms . Sims had run into a wire that was on the driveway when mowing was being done, and wanted to know where the wire came from and what was being mowed . Public Works Superintendent , Don White explained that the wire was moved by Mr . Melvin St . John D when he was doing volunteer work and mowing the area in front of the Municipal Complex . Mr . Johnson said the insurance adjuster would still investigate and forward his recommendations to Council if they wanted him to . Councilman Swartz said he felt that if it happened on city property, the Council had no choice but to pay it . Mayor Pro-Tem Akin made a motion to approve payment to Elaine Sims for damages to her car in the amount of $251 . 11 . The motion was seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor, Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER ACCEPTANCE AND AWARD OF BID FOR MOTOR GRADER. Public Works Superintendent, Don White told the Council that the low bidder did not have the machine assembled for inspection, and therefore, did not meet specifications . He said that he had rented the motor grader from the second low bidder , and felt very comfortable with the machine. Finance Director , James Johnson agreed that the machine was used , but it had been checked out by a mechanic and was in reasonably good shape . He said approximately another $3 ,000 - $4 , 000 would probably be spend for repairs . Councilman Akin asked how the motor grader was used . Mr . White said it was used to maintain several areas , such as Allanis , Dogdrop, etc . , and that he did need it soon . Councilman Pritzkau said that the only way the City could beat the price was to keep looking , and felt more money may be spent in time. A motion was made by Mayor Pro-Tem Akin to accept and award the bid for the motor grader to George May Co . for $33 ,900 . The motion was seconded by Councilman Pritzkau. The vote was as follows : Mayor Trimble - in favor , Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER ACCEPTANCE AND AWARD OF BID FOR POLICE CARS . Finance Director , James Johnson told the Council that his opinion was that the Steakley Chevrolet bid of $13 , 108 . 30 was the best bid, as the low bid did not meet specs , and Steakley provided the best warranty. Mr . Johnson also explained that some of the patrol cars had high mileage and would probably need to be replaced in the next budget year . He told the Council that there had been some discussion between former City Manager, John Pitstick and Detective Snead and Sgts . Casler and Holley about the possibility of purchasing only one squad car , and adding another police officer . Councilman Messenger felt that one car was definitely needed and Council should award the bid for that one car , and put an item on the next agenda to decide on another car or another officer . A motion was made by Mayor Pro-Tem Akin to accept and award the bid for police car for 1989 Chevrolet Caprice to Steakley Chevrolet for $13 ,108 . 30 . The motion was seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor , Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER AUTHORIZATION FOR PAYMENT TO XIT PAVING IN THE AMOUNT OF 47 ,537 .90 FOR PART OF THE STREET RECONSTRUCTION PROGRAM. Assistant City Engineer , Ron Homeyer told the Council that XIT Paving was finally out the asphalt overlay for South Ballard St . and Callie Court , and was asking for the 10o retaining fee . He also said that staff was recommending payment of such fee. A motion was made by Councilman Pritzkau to authorize payment to XIT Paving in the amount of $47 ,537 .90 for part of the street reconstruction program. The motion was 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 Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CITIZEN PARTICIPATION . Mayor Trimble told anyone who wished to address the Council , to approach the podium, state their name and address and to please keep their comments to five minutes or less . Mr . Kerry Weeks , 308 Briarwood, Wylie , Texas told the Council that two years ago, a barrier was put across the alley behind his house and was supposed to be looked at six months later . He said it had been 1 1/2 years and nothing had been done, and he wanted the problem addressed as an item on the next agenda . He also told the Council how upset he was about the holes in Birmingham St . and that something needed to be done. Mr . Weeks said that he had been waiting for hours and that the Council took to long to conduct their business . Mr . Dean Bailey asked Council for a clarification on the perimeter street fees for Mr. Kreymer ' s property. He said that at the last meeting , the intent was that the plat would be approved, subject to Council action on the perimeter street fee ordinance . He was asking if they could get the building permit since the ordinance had passed. City Attorney, Rob Dillard said they couldn ' t vote on it , as it wasn' t on the agenda and it would have to be acted on at the next meeting . Mayor Trimble told Mr . Bailey that this would be an item on the Planning and Zoning meeting the following Monday night , and a Council meeting would be scheduled directly after the P&Z meeting . Ms . Gladys Foster , 2803 FM 544 , Wylie , Texas told the Council that she couldn' t find out how her property was zoned . She said her property had been in the city limits for two years , but the City didn' t even know her alley existed . She said she was told by City staff that if they moved out of their house, they couldn' t move back in, and their neighbors were told they couldn ' t rent their property. City Attorney, Rob Dillard said that the property would remain Ag until permanently zoned by the City. COUNCIL DISCUSSION. Mayor Pro-Tem Akin said thank you to Mrs . Jones and Mrs . White for the Christmas Party. Councilman Swartz agreed that the party was very nice, and told Mayor Pro-Tem Akin thank you for his efforts and work for the City. Councilman Swartz also said that Birmingham St . was a mess and asked if anything was getting done . Assistant City Engineer , Ron Homeyer said that XIT was taking up the pavement to put down the lime, and then they would start paving . Councilman Swartz said that the road was supposed to be maintained so that it could be driven on at all times . Mr . Homeyer said it wasn' t fair to to make the contractor maintain the road when Lone Star Gas took so long to do their part. Public Works Superintendent , Don White said that his crew was bomaging the road and taking some of the excess to fill in the some of the holes . Councilman Messenger thanked Mayor Pro-Tem Akin for his dedication to the City, and thanked the employees for the invitation to the Christmas party. Councilman Messenger /o also asked about the potholes on McCreary that were filled , as they were already washed out . Public Works Superintendent , Don White said he would check them again , but filling the potholes just didn' t stay very well . Councilman Pritzkau added that asphalt over the existing asphalt would come back up in the kind of weather this time of year . Councilman Naish thanked Mayor Pro-Tem Akin for his job as Acting City Manager . Mayor Trimble told the Council that he and Mayor Pro-Tem Akin had met with the Sanden founder , who had never been to Wylie before, and was very encouraging . Mayor Trimble also said he met with the County on proposed legislation creating a countywide district to get water supply standards up . Mayor Trimble told the Council that he had received a letter from the Texas Water Commission regarding the City' s decision to cancel the meeting on December 6 , 1988 . He said the commission had requested the Mayor ' s presence in Austin on Tuesday, December 20 , 1988 . Mayor Trimble said the Council actually had hoped to talk to the commission itself, but would have to talk to the staff this time, and asked if anyone else on the Council wanted to go . Mayor Trimble also told the Council that he had received a letter from County Judge, Bill Roberts , regarding Emergency 9-1-1. He said 9-1-1 was required to be provided by any county over population of 120 ,000 , and there was a meeting on December 15 , 1988 to discuss the legislation . CONVENE COUNCIL INTO EXECUTIVE SESSION UNDER THE AUTHORITY OF ARTICLE 6252-17 V.A.C.S . , SECTION 2 PARAGRAPH "G" PERSONNEL MATTERS - FINANCE DIRECTOR AND PARAGRAPH "E" DISCUSSION WITH TAX ATTORNEY ON PENDING TAX LITIGATIONS . The Mayor convened the Council into executive session at 10 : 45 p.m. RECONVENE OPEN MEETING. The mayor reconvened the open meeting at 11: 58 p.m. CONSIDER ANY ACTION NECESSARY REGARDING EXECUTIVE SESSION . There was no action taken from the executive session. There being no other business , a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Candi White, Secretary /J CALLED CITY COUNCIL MEETING - MINUTES DECEMBER 15, 1988 The City of Wylie City Council met in a called session on Thursday, December 15 , 1988 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 Chuck Trimble, MAyor Pro Tem John Akin, Council Members Ortie Messenger, Jim Swartz , Tom Pritzkau, and Bud Naish, City Secretary Carolyn Jones . Councilman Marvin Blakey was absent . Mayor Trimble called the meeting to order and gave the invocation. APPROVAL OF RESOLUTION DECLARING AN EMERGENCY TO APPOINT AN ACTING CITY MANAGER: Mayor Pro Tem Akin stated the City Attorney said that he saw no problem with appointing on the of the Council as Acting City Manager , there was some gray area if this was challenged . Councilman Naish said he had talked with the Attorney General ' s office and also talked with Susan Horton, whose opinion in the TML magazine, November issue has raised questions about a Council member serving as Acting City Manager. This article has to do with salaries being paid for this position. Mrs. Horton felt there would be no problem with this as we are governed by our City Charter . Councilman Naish said Mayor Pro Tem Akin has accepted this without pay, the car allowance is for expenses and is not considered a salary. Mayor Trimble asked about the power question that Rob Dillard, City Attorney , had on Tuesday night . There was no more information from Mr . Dillard on this. Mayor Trimble also asked about bonding. City Secretary said there were bonds on all council members and the city manager . Councilman Messenger said he had talked with representative at TML and. was told the City Charter would rule. Mayor Pro Tem Akin said his concern was that someone wanted to challenge this action. They people put this Charter into effect. I had rather let them come forward and challenge this and the Charter . Mayor Trimble said he would like sometime in the future to have someone look at the Charter and to make sure there are not any other problems areas. We have enough to do without having more problems . Mayor Pro Tem Akin said this same law firm is the one that sat with the Charter Commission Board. I know that the laws change but we are grandfathered since the effective date of the Charter . Mayor Trimble said he would like to see the people that wanted to challenge this to come forward. Councilman Swartz stated it was the same people knocking us on anything we do. We need to move forward. Councilman Naish said on hiring and firing , there was a question that the Council should approve this if it is a department head. Motion was made by Councilman Swartz to approve the Resolution declaring an emergency to appoint an Acting City Manager . Seconded by Councilman Pritzkau . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , and Councilman Naish - in favor. This motion carried with all in favor . APPROVAL OF APPOINTMENT OF AN ACTING CITY MANAGER : Motion was made by Councilman Messenger to appoint Mayor Pro Tem Akin as Acting City Manager in accordance with the City of Wylie Home Rule Charter , with no salary but with a car allowance. Seconded by Councilman Naish. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor, Councilman Messenger - in favor , and Councilman Naish - in favor. This motion carried with all in favor. There being no other matters for discussion, a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST : Carolyn Jones , City Secretary CALLED CITY COUNCIL MEETING - MINUTES DECEMBER 19, 1989 The City of Wylie City Council met in a called session on Monday, December 19 , 1988 at 7 :45 P.M. in the Council Conference Room of the Municipal Complex . Those present were Mayor Pro Tem John Akin, Council Members Jim Swartz , Tom Pritzkau, Ortie Messenger, Marvin Blakey, and Bud Naish, City Secretary Carolyn Jones , and Code Enforcement Officer Roy Faires. Mayor Chuck Trimble was absent. Mayor Pro Tem Akin called the meeting to order and gave the invocation. APPROVAL OF THE APPLICATION OF THE PROVISIONS OF THE AMENDED PERIMETER STREET FEE SECTION OF THE SUBDIVISION ORDINANCE: This amendment is for Lot 58R Block E of Pointe North Addition, located on Brown Street (FM3412) at Birmingham School . Mr . Faires stated the Planning and Zoning Commission recommends the approval of this application. Motion was made by Councilman Messenger to approve the amendment on Perimeter street fee section of the subdivision ordinance for Lot 58R, Block E of Pointe North Addition. Seconded by Councilman Blakey. The vote was as follows: Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with all in favor. There being no other business to discuss , a motion was made to adjourn with all in favor . John Akin, Mayor Pro Tem ATTEST : Carolyn Jones , City Secretary CALLED CITY COUNCIL MEETING - MINUTES JANUARY 7 , 1989 The City of Wylie City Council met in a called session on Saturday, January 7 , 1989 at 8 :15 A.M. in the Council Conference Room in 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 (arrived late) , Mayor Pro Tem John Akin, Council Members Bud Naish, Jim Swartz , Ortie Messenger, Marvin Blakey and Tom Pritzkau, City Secretary Carolyn Jones. Mayor Pro Tem Akin called the meeting to order. Mayor Pro Tem Akin convened Council into executive session at 8 : 20 A. M. under the authority of Article 6252-17 V.A.C.S. Section 2 paragraph "g" Personnel Matters - Interview for position of Chief of Police and Evaluation of two department heads . Mayor Trimble reconvened open meeting at 4 : 00 P.M. , there being no decisions from the executive session, a motion was made to adjourn with all in favor . John Akin, Mayor Pro Tem Chuck Trimble, Mayor ATTEST : Carolyn Jones , City Secretary CITY COUNCIL MEETING MINUTES JANUARY 10, 1989 The City of Wylie City Council met in regular session on Tuesday, January 10 , 1989 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 Chuck Trimble, Mayor Pro Tem John Akin, Council Members Jim Swartz , Ortie Messenger , Bud Naish, Marvin Blakey and Tom Pritzkau, City Secretary Carolyn Jones , Finance Director James Johnson, Assist . Engineer Ron Homeyer , Public Works Superintendent Don White, Code Enforcement Officer Roy Faires , and City Attorney Rob Dillard. Mayor Trimble called the meeting to order and Councilman Swartz gave the invocation. APPROVAL OF THE COUNCIL MINUTES FOR SEPTEMBER 15TH, 22ND, 26TH, AND 27TH AND OCTOBER 11TH, 20TH, AND 25TH, AND NOVEMBER 9TH, 22ND AND 28TH AND DECEMBER 3RD AND 6TH, 1988 MEETINGS: There being no additions or corrections to these minutes, a motion was made by Mayor Pro Tem Akin to approve as submitted. Seconded by Councilman Pritzkau. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with all in favor . ACCEPTANCE OF RESIGNATION OF JUDY LIPPE FROM LIBRARY BOARD: Mrs . Lippe has resigned from the Library Board, her term will expire in July, 1989 . Motion was made by Mayor Pro Tem Akin to accept the resignation of Judy Lippe from the Library Board. Seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor . APPOINTMENT OF NEW MEMBER TO THE LIBRARY BOARD TO COMPLETE THE TERM OF JUDY LIPPE: Motion was made by Councilman Naish to appoint Valerie Wiggins to the Library Board, whose term will expire in July, 1989 . Seconded by Councilman Messenger . Motion was made by Mayor Pro Tem Akin to appoint Shirley Burnett to the Library Board . Mayor Trimble called for a vote on the motion to appoint Valerie Wiggins. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - against , Councilman Swartz - in favor, Councilman Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with six in favor and one against . Mayor Pro Tem Akin' s motion did not receive a seconded , there was no vote on this . CONSENT AGENDA: SLOPE EASEMENT - SANDEN BLVD. , R-O-W- DEDICATION SANDEN BLVD. , PARK DEDICATION, TEMPORARY SIDEWALK EASEMENT ON W. A. ALLEN BLVD. , PERMANENT UTILITY EASEMENT KREYMER, AND CENTURY BUSINESS PARK LIFT STATION EASEMENTS (3 ) : Councilman Naish stated that Sanden, Inc. has said they would dedicate all R-O-W for Sanden Blvd. , now we have 8 R-O-W from Jack Harvard and Jerry Hoagland. Do we have enough R-O-W to make this turn that is showing on the plans. Mayor Trimble said there was no set place for the road. The problem was where was the best way to cross the railroad . Mr . Homeyer stated if you try to intersect with the highway any other place than here, there is a high grade and a greater cost for putting in the road . Mr . Homeyer also stated that the R-O-W is for six lanes. Motion was made by Mayor Pro Tem Akin to approve the consent agenda . Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - 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 REGULATIONS FOR THE USE AND OPERATION OF ALARM SYSTEMS THROUGH OUR POLICE DEPARTMENT: Mayor Pro Tem Akin stated on false alarms , it cost approximately $35 .00 for each call . Mr . Faires said this Ordinance was brought forward several months ago, it follows the same Ordinance Plano and Mesquite and several other cities have. It has helped in correcting false alarms . Councilman Pritzkau wanted to know how many places have more than three (3) false alarms . Mayor Trimble said when one malfunctions once, it will do it several times, and the City of Plano charges $50 .00 each time. Councilman Pritzkau said $20 .00 was to high for home owners . Mr . Fairs said the $20 .00 was to take care of the space and electric bill and maintenance on the system in the police department. It is not for home owners , they do not have to pay. Councilman Pritzkau said we could require that home owners have to register with the police department . After some discussion, Council requested more study and more information be brought forward prior to taking action on this time. APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 87-57 ANIMAL CONTROL ORDINANCE: This amendment is making changes in Section 2 in definition and additions to Sections 7 , 13 , 14 , 16 , 20 and 24 . Mr . Faires stated that some time back , Mayor Trimble had approached me about an ordinance for pit bull dogs . With the help of the City Secretary, I received copies of ordinances that have been tested by the court system and are enforceable for pit bulls . Animal Control Officer feels with all the complaints we receive that this portion on pit bulls is necessary. Councilman Pritzkau said why the mug shot of the dogs, most of these type dogs look alike. Is the photo shot necessary. Mr . Faires said it was in the ordinances that have already been tested by the court system. Councilman Pritzkau said his only concern about this is the other breed of dogs. What if another breed bites or kills a person. Mr . Faires said the main ordinance takes care of vicious dogs, and this is just for pit bulls . Motion was made by Councilman Messenger to approve the amendment to Ordinance No. 87-57 as written. Seconded by Councilman Pritzkau. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor , and Councilman Naish - in favor. This motion carried with all in favor . /(1 APPROVAL OF AN ORDINANCE DESIGNATING AN ADDITIONAL POLLING PLACE FOR THAT PORTION OF THE CITY LOCATED WITHIN ELECTION PRECINCT NO. 25 OF COLLIN COUNTY : The additional polling place being requested is at Southfork Mobile Home Park in the Clubhouse, and is a place that is accessible to and usable by the elderly and physically handicapped . Mayor Pro Tem Akin said it was a concern of the Civil Rights Department of Justice to make sure everyone has the right to vote and a place to vote. Councilman Blakey wanted to how many people voted there this past election. It was noted that there has been between 40 and 65 voting on different elections. City Secretary Carolyn Jones said it has been a small number voting because some of the residents do not have a way into the polling place. Councilman Blakey said it was a credible point to make it convenient for them to vote but I am concerned that it could be an adverse circumstance or could encourage a political condition for our City. I am in favor for it but I am concerned to that it only covers City elections and not all elections. City Secretary Carolyn Jones, said the State and Federal elections are conducted at Murphy for this precinct. Motion was made by Mayor Pro Tem Akin to approve the Ordinance requesting the additional polling place for City elections. Seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - 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 AN AMENDMENT TO THE ZONING ORDINANCE NO. 85-23A, SECTION 17 : The amendment to the Zoning Ordinance is adding under Specific Use Section, item 9 - outside sales of feed and seed in conjunction with a feed and seed store. Mayor Trimble opened the public hearing . Mr . Faires said section 17 pertains to Business - 1 with no outside sales . This amendment is to allow outside sales. Planning and Zoning Commission recommends approval of this amendment . There being no comments or questions, Mayor Trimble closed the public hearing. APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE NO. 85-23A, SECTION 17 : The amendment is adding under Specific Use Section, item 9 - outside sales of feed and seed in conjunction with a feed and seed store. Motion was made by Councilman Swartz to approve the amendment to the Zoning Ordinance No. 85-24 . 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 Pritzkau - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor , and Councilman Naish - in favor . This motion carried with all in favor. APPROVAL OF EXTENDED LIBRARY HOURS BY ADDING SATURDAY FROM 11:00 A. M. TO 5: 00 P. M. : Mayor Pro Tem Akin said it cost approximately $69 .00 to keep the Library open on Saturdays . A citizens may want to donate this amount for the extra hours . Motion was made by Mayor Pro Tem Akin to approve the extended hours of the Library by adding Saturday from 11 :00 A. M. to 5 : 00 P. M. Seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor. a© PRESENTATION BY DEBBIE PEOPLES CONCERNING PERSONNEL MATTERS: Mrs. Peoples called this afternoon and requested this item be pulled from the agenda. PRESENTATION BY ROSANNE BURGESS, LIBRARIAN: Mrs . Burgess thanked the City Council for the Saturday hours , and stated she wanted the library to be open when the citizens wanted to come. We have a new sign in front in big black letters that says "LIBRARY" . I have had several people say they did not know where the Library was. Mrs. Burgess said she has talked with the school librarian and we are going to work together in ordering , so as not to order the same type of material . It is important to work toward a net work system. With a new work system, we can contact any library that is set up on net work and get a copy of a news article, or reports that students might need prior to them driving from Wylie to another area. The Community College is set up on net work as well as several other libraries in the area. We are receiving a small increase from Collin County, a little over $200 . 00 more. You will see a lot of the Library in the local paper . We are on the front page this week and I plan to have something in the paper often . Friends of the Library have given us a computer, and we hope update our catalog system by putting it on the computer , this will tell what books are checked out and how many were checked out by each member . Mrs . Burgess said the attitude at the Library is to serve our community. I would also like to request moving the board meeting night to the first or third Tuesday instead of the second Monday of each month. Mrs. Burgess also invited the Council to attend the January 29th Thank You reception at the Library from 2 : 00 P .M. to 4 : 00 P.M. , this is to thank everyone for their support this past year . PRESENTATION BY ED SNEAD TO AMEND ORDINANCE NO. 87-13 - SMOKING IN CITY HALL: Mr . Snead asked Council to consider amending the No Smoking Ordinance for City Hall to designate the dispatch area as a smoking area. Three of our dispatchers smoke and they cannot leave the office for breaks , without pulling an officer off the street to relieve them. The dispatch area is restricted and other employees would not be allowed to come in just to smoke. The City of Sachse has the same ordinance, but they allow smoking in the dispatch area. Mayor Pro Tem Akin said he was understanding about this . PRESENTATION BY MR. RON HOMEYER ON THE CITY OF WYLIE ' S WASTEWATER COLLECTION SYSTEM IMPROVEMENTS: Mr . Homeyer said some of the Council and himself went to Austin to meet with the Texas Water Commission . We left the meeting knowing that we had a very short time to turn around and submit a construct plan for these improvements. One of the suggestions from TWC was to lease small package plants for use in Newport Harbor and Presidential Estates . As of this date, we have not been able to locate a company that would lease these plants . We have found several companies that will sell the plants to us but so far none that would lease them. If purchased, using a 20 year loan these plants would be more expensive than going with the construct of the pipeline for the force main. Councilman Messenger said that the people in Austin brought up the portable systems , do you think they could help us locate them. Mr . Homeyer said they told us in Austin it was the City of San Antonio . I have talked with the people in San Antonio and they have purchased theirs, not leased them. Mayor Trimble said that leasing was more expensive than purchasing . Mr . Dolan McKnight, of North Texas Municipal Water District , said that where San Antonio has an advantage over Wylie is they can move their plants, they have been doing this for ten years. They also service areas outside the City Limits . San Antonio has a city crew that actually does the installation of these plants . Mr . Homeyer said permit for the package plant is approximately $10 ,000 . This would be an additional cost of $20,000 . for the two package plants. Mr . Homeyer also stated the plans for the Southfork Mobile Home Park Lift Station have changed and we need to put in a new force main. Councilman Messenger wanted to know if we have had any participation in this yet. Mr . Homeyer said not yet, but we still have time to work on it . APPROVAL FOR STAFF TO PREPARE RESOLUTION TO TEXAS WATER COMMISSION FOR PLANS FOR WASTEWATER COLLECTION SYSTEM IMPROVEMENTS: Motion was made by Mayor Pro Tem Akin to give staff approval to prepare the Resolution to Texas Water Commission for plans for Wastewter Collection System Improvements. Seconded by Councilman Pritzkau . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with all in favor . PRESENTATION BY ED SNEAD RECOMMENDING A BUDGET ADJUSTMENT FOR PAY INCREASES AND ONE ADDITIONAL PATROL OFFICER: Mr . Snead said this has been discussed earlier at a Council meeting when the one patrol car was purchased. The staff wants to make a budget adjustment to move the money from the second patrol car into salaries . Our City is under what most cities start their patrol officers at. Staff has reviewed the budget and feel we can make the following moves in order to have enough money in salaries for these adjustments : Capital Outlay - #200-201-04710 Communication Equipment $ 2 ,000 . #200-202-04540 Automobiles $14 ,400 . #200-202-04710 Communications Equipment $ 6 ,200 . #200-202-04950 Special Purpose Equipment $ 3 ,500 . TOTAL $26 ,100 . We have also just hired a secretary/records clerk in January and this leave approximately $3 ,483 . in the budget for the first part of the fiscal year that was no one in this position. This would bring the total for the budget amendment to $29 ,583 . 00 . The total needed for the raises and additional officer is $29 ,625 .59 . Councilman Naish said if you have another officer can you move to the 4 -10 or 8 hour shift . Mr . Snead said the officers like the 12 hours shift and there would be a time when only one officer would be on duty. Mayor Pro Tem Akin asked if the police department endorsed the 12 hour shifts . Mayor Pro Tem Akin also said he appreciated the officers and the work they are doing , it bothers me that the pay scale is so low. APPROVAL OF BUDGET ADJUSTMENT FOR PAY INCREASES AND ONE ADDITIONAL PATROL OFFICER: Motion was made by Mayor Pro Tem Akin to approve the budget adjustment that would raise the pay scale for the police officers and add one additional officer . Seconded by Councilman Naish. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor. This motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing to speak to come forward at this time and state their name and address for record. Mayor Trimble also requested that their comments be limited to two minutes. Mr. Nicholas Sowards of 1301 East Brown stated that there had been a lot of concern about not having a signal light at Brown and Highway 78 . I wanted to thank the Council for the light at this intersection. Mayor Trimble said the City did not put the light in, but the City staff did work with the State on getting the signal light put in. COUNCIL DISCUSSION: Councilman Naish wanted to know where we were on Highway 78 and turn lanes. The City needs to take a stand on this. The right turn lanes are needed as well as the speed limits checked . Mr . Homeyer said the State is working on the turn lanes at FM 544 and Highway 78 . The City will prepare the additional base and the State will do the rest of the work. As far as the speed limits , the State was just here and checked out the portion of Highway 78 in front of City Hall , and do not recommend lowering the speed limit . Councilman Pritzkau wanted to know if there was a response on claims made on Kreymer Easements . Mr . Homeyer said there has been no other contact as they feel this is not their responsibility. Councilman Pritzkau wanted to know if the test in Twin Lakes were okay as they did not take a 28 day test but a 60 day test. Mr . Homeyer said when they run the 60 day test there is a correcting factor used to take it back to the 28 days . The contractor has done some replacing as some of the test did not check out , staff requested coring and replacement of some of the concrete. Councilman Swartz wanted to know if the load limit signs have come in. Mr. Homeyer said I had a call from the Highway Department and we should have some signs up soon. Councilman Swartz thanked Mayor Pro Tem Akin for spending every morning on Birmingham Street. There have been a lot of problems and he has taken care of them. Mayor Akin stated that there has been 299 calls for public works this month. They are out doing their jobs . Today there was a demonstration on the boring equipment, they bored 250 feet in 10 minutes. This equipment will save us from cutting our streets. Mayor Trimble thanked Mayor Pro Tem Akin for what he was doing. Mayor Trimble recessed the open meeting and convened Council into Executive Session at 8 :30 P.M. under the authority of Article 6252-17 V.A.C.S. Section 2 paragraph "g" Personnel Matters - contract with Lifeline Ambulance Service. Mayor Trimble reconvened the open meeting at 9 : 50 P.M. and asked if there was a motion from executive session . Mayor Pro Tem Akin made a motion that due to the contract with Lifeline having a 90 days clause for termination, the City will continue with Lifeline, but would begin to set specs and seek bids on this service, and also to begin making the subsidy payments to Lifeline in the amount of $3 ,333 .33 with each payment after this month being made by the 10th day of each month. Seconded by Councilman Pritzkau. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor, and Councilman Naish - in favor . This motion carried with all in favor . There being no other business for discussion, a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST : Carolyn Jones, City Secretary CALLED CITY COUNCIL MEETING - MINUTES JANUARY 14 , 1989 The City of Wylie City Council met in a called session on Saturday, January 14 , 1989 at 8: 00 A.M. in the Council Conference Room in 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 (arrived late) , Mayor Pro Tem John Akin, Council Members Bud Naish, Jim Swartz , Ortie Messenger, and Tom Pritzkau, City Secretary Carolyn Jones. Councilman Marvin Blakey was absent. Mayor Pro Tem Akin called the meeting to order. APPROVAL OF RESOLUTION TO TEXAS WATER COMMISSION ON PLANS FOR WASTEWATER COLLECTION SYSTEM IMPROVEMENTS: Councilman Naish stated that in section 5 the third paragraph the fifty-four (54%) percent should be sixty-four (64%) percent . Mr . Homeyer said North Texas Municipal Water District has made two changes , one in section three should state in the estimated amount of $1 ,800 ,000 instead of in the amount of $1 ,800 ,000 and section 4 should read retirement of bonds instead of retirement of the $1 ,800 ,000 bonds. Motion was made by Councilman Pritzkau to approve the Resolution with the above corrections. Seconded by Councilman Swartz . The vote was as follows : Mayor Pro Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. Mayor Pro Tem Akin convened Council into executive session at 8 :45 A. M. under the authority of Article 6252-17 V.A. C.S. Section 2 paragraph "g" Personnel Matters - Interview for position of Chief of Police and Evaluation of one department head . Mayor Trimble reconvened open meeting at 5 : 00 P.M. , there being no decisions from the executive session, a motion was made to adjourn with all in favor. John Akin, Mayor Pro Tem Chuck Trimble, Mayor ATTEST : Carolyn Jones, City Secretary PLANNING AND ZONING MEETING MINUTES JANUARY 16, 1989 The Planning and Zoning Commieeion iiet in regular seseion on Monday, January 16, 19E3,3', in the Council Chambers of the Mueicipal Complee . A quorum was present and notice of the meeting had been posted in the time and manner required by leee Membeee present were. Chairman Brian Chaney , Vice- Thairmae Bart Peddicerd, Cecelia Wood, Marty Stovall , Bob Sipwit.h and Steve Wright. Staff members present were Code Enforcement Officer Roy 7aires and Secretary Francis Varnell and City Engineer. Rce Homeyer . Ron Jeffries was absent. Chirmn Drian Chaey ca11ed the meeting to ordere APPROVAL OF MINUTES: Cecelia Wood corrected the Mites o january 4, 17439 by etetieg that in the last paragraph of page 1 hould read Mayor Trimble ' e in lieu of as written. Dart. Peddi cord made a fmAio to. accept Lh riintes as corrected. Seconded by Cecelia Wood. The motion, carried with all in favor, CONDUCT PUBLIC HEARING IN REGARDS TO THE REQUEST FOR MR. DOUG POOLE,_ OWNER OF POOLE FEED SUPPLY TO OBTAIN SPECIFIC USE PERMIT. FOR FEED STORE WITH OUTSIDE SALES. Chairman. Brian. Chaney opened the Public Hearing. Roy Faires stated that the City Secretary advised that she had sent out letters and Leo were reterned, both were in favor and both e4ith no commernts. Er.: being that there were no other comments L. upposition the Public.: Hearing was closed, Mre Fairee also pointed Oct that Mre Doug Poole had also requested two; Specific Use Permits. 41loutside plant sales, retail onl 'v in a D-1 Zone, (2) outside sale of feed and seed items in ciDniunction with a feed and seed store in e Bei Zone. He advised on how the Planning and Zoning Commission needs to carefully spec -fy t;- e various items which will actually be applicable to the application. The Planning and Zoning. Commisson diseesset each item that Mr. Poole had lieted for sale in the proposed areas and these are the final epecified items, with limitations, to be sold ir these said aneas. all areas the hay is to be the common rectangular baled h.a I() all areae the wood shavings ere to be bagged In ail areas the fertilizer is to be bagged In all areas the peat moss is to be bagged I:-.. all areas the fireoic,od is to be stacked arid or bundled The. Planning end Zoning Commission divided Area 1 into Anea I and Area la. Area 1 - everything in this area limited to three (C.) ft . high , weod sheveege fireweed, cheietmas trees and farm ad home sepplies with the stipulation of Leen arid gar den items as normally definedAree is - hay , ood ehavirgs, firewood, christmas trees arid ferm arid hoe supplies with the etipulation of lawn and garden items as normally de-fined. Area 2 - 4ertlizer , peat moss, ,4,Qood shavings, firewood I imited to (7.;) ft. high, and seasonal plants Arij. 7; - seasonal plants, fertilizer , peat moss and tack :J ric,ht restricLtiun : n this area) CVO Area 4 - th.. s corner will have a 20 ft setback from both streets, and a L'..",) ft. limitation or all this in this area, firewood, hay, wood shavings, landscape timbers farm and home supplies Area 7 - no height restriction , fertilizer , hay, wood shavings, farm and home supplies, farm and ranch trailers (if using stacked trailers, maximum is 3 high Are 6 - no height restriction, fertilizer, wood shavings and nay CONSIDER RECOMMENDATION TO CITY COUNCIL IN REGARDS TO THE REQUEST FOR MR. DOUG POOLE, OWNER OF POOLE FEED SUPPLY TO OBTAIN SPECIFIC USE PERMIT FOR FEED STORE WITH OUTSIDE SALES. Bob Skipwith made the motion to recommend to the City Council a One Year Specific Use Permit for Mr. Doug Poole. Seconded by Bart Peddicord. The motion carried with all in favor. CONSIDER RECOMMENDATION TO THE CITY COUNCIL IN REGARDS TO THE REQUEST OF SINGLETARY AND BECKHAM TO RELINQUISH EXTRA TERRITORIAL JURISDICTION ON 104.67 ACRES LOCATED OUT OF THE SD TERRY SURVEY ABSTRACT 890 IN COLLIN COUNTY TEXAS (BRANCH PENINSULA) . Mr . Faires updated new board member. Steve Wright. that, many years ago the City annexed many acres of government 1 and order to provide ET3 protection for the a'anch Penir,sola and for the area surrounding the lake. Mr. F-s. res ',iid this particular. request is for a large tract that falls within our ETO in whioh we are by State Law author . zcc Lc apply. our subdivision regulations and shdi vi ai an regulations only. He stated that 'for some reason Sirgleary and BecTham have decided to resubmit their requesI . Roy Faires also stated that in the meantime, he had spoke. with the oitys attorney and his question. to him was if we were to relihqoish this particular piece of property when we shoula .t , woo‘ld we ha iable ir a law suite filed by a par son that had been offended by that actio). The lawyers ahswer was ondoubtedly so. The lawyer said the only way you can get. out of this situation is by legislative action.; ,44ih reduce the: en ten of the one mile ETa , which Nould effect: the whole city. Mr . Faires also read a memo from City Engineer Ron Homeyer stating that he recommehd that 1±e City of Wylie not reliilqui :-,h it 's ETJ requirements on tha traot of land at LNs Iime. Mr. Fair es al no stated that it is also hi!, recommendation to not relinquish the ETJ ether. C dr Mr. Nelson stated that the reason they were back before the Planning and Zoning Commission with this request was that "before the Commission had not had a chance to study County Or d i nanc es. Mr . Mel son al so said that they don 't believe in the near future that the City of Wylie will be able to bring (Ail l ties to this, area. He also stated that if the City can 't bring ut i 1 i ti e-.6 to this areas that they could ..;,etition to come into the city limits and that there would be a statutory limi t: of when the City would have to get tllitle..ei ti thia .sr ea, Mr, Pay r4.ii res:i then made the rection that if they petition for arileati on, that the Clt ? i. ,, not.. rEq4G.irt to pride them with ,.,. .q.'vices of any type, and Lhat wi it voluntary annex at i on i t is not: David M.:Caw Attorney or Mr. Becham and Mr . Si ngl elany stated ,J," t M eokham boughl U-....e property , and after t , the City of Wylie decided to aorex certain other pleo es of .)4--,-.4-Je, ..'.. Ne sid that Mr.. Beckham did not equest annexation , he never had and he probably will not. ever request : x all or ha said when Mr . Eeckham bought the land they intended to develop the property under the I. ..4s LL :,' 'i ,ted fur the property at the t i me. He conti nued to say that Mr . Bec them was bei ng adverse' y effen in ,,_in -f-tr the -fact -eituation. Mr . Beckham questioned if the City ever intended to control the area. so far from downtown Wylie. Brian Chaney spoke up and i.itated that the Planning and Zoning Ccimmission did want to control the Branch Peninsla for an orderly development. Mr. Beckham stated that the area is so remote, because of tre .2..,,.? n$ the lake. he stated that the city' s requirements in a ..-oral area would make it not affordable and would be hard to sell because of the cost of the required concrete streets and sewer lines. He asked that the Planning and Zouuo Comm ss i on not to i mpose the ci ty ordinances on something that is not going, to be in the city., Roy Faires stated Li at „,,i;.,,we- ,;),i)d ',,ervices is. not the question. There is not anything in the state law that says the city can a4ply , t ' :-. ETJ , provided it provi den you wi It servi ces. It states anythlog within a mile of the city is within it 's juril' ' ,. regardless of whetter we ' ll ever be able to secyt ce it or not . The ci ty can control subdivision .,-.(egiationsi that it is one ordinance that the State of Texas says the city can enforce and the City of Wylie has ex tended the oreinanc;:e ir, that direction. Cec.eli a Wood stated that: the more stringent regul at i ons shall apply for the benefit of the citizens and that the Plannirg and Zoning Commission does have the opportunity to ensure that the citizens. are provided with proper streets, irei nags and fire hydrants. () 61 Bob Sk ; pw: t _a stated that he couldn 't understand how the City could control a man e land. Mr. Faire"a offered a couple of possibilities of drawing a one mile line around the Branch Peninsula and abandon the whole thing out there in the water. He stated that he would not recommend that they shorten the one mile ET,' , because the City needs the ET J in other areas. He said,+ the idea w{r,;'•;5 S since they annexed 4 t�'1 p t >..` , was S ,. kto get i..h�.:: p f ka back to the peopleS..,�A ._o pr?~ vt r'`a . sinme of the things that have been going on through !. a . t.. `ar, of ETil, Chairman Brian Chaney stated that the C_ e Ji t ut,_e in Austin decided it was the right of e, h e Lities, ,._x a_:.e the size of Wylie., t.:1 r"3 csi ti*e t.i a e w r t e mile. ir order- to protect :Jrderly development of the cities. He s d$• e::: is e.• City �f Wylie ie isnot denying the subdivision, 04 i l...,-a a pt opC r g,t�.% . and aI x the requirements are is that they meet t._.:'a l: , .`•.;: I..of .._�:'_z» r-'t: continued M �'1. t...i,:) say that t, .. ' ''- � Jf � 1 tarn. ?'i d' t.ee'a%r_'. _}pm>>C a.. in . as area, due to our annexations, will be orderly and to r. the :a=. eta.. :�; t_,. .:=£^ a.».:< 't< +' r3= Wylie and until those standards are made stronger or weaker they are to abide by them. stated r Beckham �. a t ss. �.:�_ . r..•' _ 1 r.� Wood also 't:�:t a`�s`.. , that. i•S' C.'1 e d not come before the Planhing and ZN; a ,r CCii3 s s i ti requesting variances, bot that he tcle before the" Commission to „ . s f ; o the i t y ' ETJ powers, tN : , d i C that perhaps he may have made the wrong request. Bob St t.pw'a L.by also stated that someone needs to address this issue, t._.at he lust could not see the City of Wylie ever annexing the whole lake. He said that. he understands. both .ides. Marty Stovall also, agreed with Mr. Sh••::ipwith. He believed that the Planning r T G Zoning Commission should el ti ..,. it ' s E. f d and not stifle t ai`.. . Beckham.. Roy. Faires es !; ;)i t}'t ed out that " `t the Planning and Zoning Commission cannot - , �,;i t._+.. .~A ',..� fM,r v..t t t�?i to s tat w Y =.�a r= i:::2- t t..'s" s attorney. Bart rPeddi o.oi'..d made the motion to recommend to the City Cc _.nI7 that the Pl ,.P':.ni €:g & Zoning Commission not relinquish t i 3.. r�' �. ,r: ct Territorial Jurisdiction requested by and 3 :"t. khiA 4or 104. 67 acres. Seconded d by Stove v; w e t: e n with - A,. !.. f .,. r \r -J s favor ! R�'wY..Wright ,r��-i t, � .:i t c, .„!^s 4-i.�r�..: x i'�2. t..# -._!t.i. _ C.1 to... x i'1' and l_3 "t,.k''J CS +It `a : z t_t,ea,..i__ wMs 6 irfigvg :.i 6 the part of ore member and ..;vC: ;..a' was . ....an by y den I ..>;t on t h e chairman. T hi E? motion - ,s :d i t . r a .h r ai ]r and one against. Mr . Mc Caw objected to the revote. CONSIDER RECOMMENDATION TO THE CITY COUNCIL IN REGARDS TO THE CITY COUNCIL IN REGARDS TO THE FINAL PLAT OF PHENNEL ADDITION LOCATED ON THE BRANCH PENINSULA. City Engineer' Ron Homeyer recommended the approval of this plat_ but with stipulations. He stated the st a'(' recommends tt S that the ban� he ��:t�i-af r`;'w'ea.x contingentupon the construction of t..h . . e -. compliance iance with the City cii Wylie the ter�` ..l..k»' �'°p_. b c:.1' rA„ �.; sbdivi _.ti 1.r; .:.t�t.xar .. �t a t.a;:.,.,. Bob��� Skip with made the motion to .. _.. .! t. t C• Council that this f recommend to .a,ts„�:� City. a.,,�La t.1 ., !.a't� .:? .,� piece of land be t_h,r =i v M:dF:;C. l .tdti=i he Ci"t:y C:t4" Wylie Subdivision Ordinances. Seconded"'aJL=�:d Bari F,E ddi cord.. The motion with l�t"'G. t::i by carried J. in V DISCUSSION OF THOROUGHFARE PLAN AND COLLECTOR STREET PLAN. Roy Faires explained that this was the, same Thoroughfare Plan brought to the Planning and Zoning Commission before, but with the eliminat, cin of the one way streets downtown. He explained that the only major variation between this document was the relocation of one connection point; which was to eliminate a major creek crossing and make a minor reek cro- ii,1g , ,And the ins:ertion of the collector streets, Roy stated that with the additions that have been added, it oould be ,ii ,i romefidatioi,, to go with iL, The board 0 di cued the possi of making some streets dead ends. They ,d, su , ec!, r .:; lrad (r:r-oiogs and the one ay ets and discussed the -etehsdon of Sprihgcreek FarkvJay 7?, 6 Boulevad They al . dic. ed Lh wid .!ein of Ain. Lae GENERAL DISCUSSION. Cbai ma Dr an Chaney requested tbe city staff to place the approval of the current Thoroughfare Elan, foF the nec.t agenda to adopt it. Bart Peddicord passed out maps that he had received from the Chamber of Commerce which showed the annexations made by the City of Wylie, and that he would try to keep them up to date e anneations, Cecelia Wood was concerned about -vacant homes being secured so peope could not go in and out . Mr. Faires stated that the Code Enforcement does handle things of this matter . Brian Chaey also brought up the subject of tires slashed in the city over the weekend. Curfews were also discussed. Mr. Faires also s6aid that, he had received revised flood plain maps frOtO (FEMPO Federal Emergency Management. Admioiat atior, ad that he would see that ail the Planning and 701......ing Commission received one. being no further business, a motion was made to adjourn with .i,ll in f.ior . I3 ian Chaney, Chirmail RespecLfolly submitted , Franci Varnell , Secretary 3° PLANNING AND ZONING MEETING MINUTES JAN&ARY 4, 1989 The P�anming and, 20ning Comm1s5i0n met �n regular session on �ednesday, January 4, 1989r in the Council Chambers of the Municipal CompIex . A quorum was present and notice of the m^eetiog had been posted io the time and manner requared by 1a6l' Member,= pre�6er/t were Chairman Brian Chaney, Vice- CT-airman Bart Peddlcord , Cecilia Wood, MartY Stouall and Steve Wr3,ght. Staff members preaent were Code Enforcement []{f1cE.r Roy �c!ire,-;i and Secretary Francis VarnelI . Ron Jef+r1es ard Bob 3kipwith were absent- Chairma^ 19rian Chaney ca) led the meeting to order. APPROVAL OF MINUTES:, Bria n Cr)aney corrected the Minutes of November 21 , 1988 by st�ting t h a Mr. Fa1res had made some very important poznts cc;ncerning undersized waterlines and the lack of fire h�Vdrants in other subdivisions in the ETj that were construcLed under county regulations. Mr. Chaney also correcLed the name of Bob Skipwith in lieu of Bob Skipworth �n the Minutes of December 5, 1908. Bart Peddicord made a motion tc, accept the Minutes �s corrected. Seconded by Marty Stova}. l . The motion carried with ail in favor . CONDUCT PUBLIC HEARING ON AN AMENDMENT TO THE ZONING ORDINANCE NO. _B5-23-A, SECTION 17 - BY ADDING UNDER SPECIFIC USE SECTION_ ITEM 9 - OUTSIDE SALES OF FEED AND SEED IN CONJ0NCTIONAITH A FEED AND SEED STORE. Chairman Brian Chaney opened the PubliL: Hearing and being that there were ca coaments or cpposit� om the PuLIic Hear�/`g was closed. CONSIDER RECOMMENDATION TO CITY COUNCIL ON AMENDMENT TO THE ZONING ORDINANCE - BY ADDING UNDER SPECIFIC USE SECTION - ITEM 9 - OUTSIDE SALES OF FEED AND SEED IN CONJUNCTION WITH A FEED AND SEED STORE. Planning and Zoning recommended approval to 'City Council for the adopti .zn of this ordinance. A motion was nsa6e by Brian Chaney to recommend �p�rov�� to City Counc� l af this amendment to the Zoning Jrdinance and seconded by Bart Peddicor(:�. Fhe motior/ carried &vith �ll in favor ' DISCUSSION_QF THE_MASTER LAND_USE PLAN. Code Enforcement Of' icer, Roy Faires provi �ed aa exhibit of the exi�ting Ntai�±er Land Use P" an by show'img the Planning and Zoning Mew�ers hC, cerL c� co ors nJicaLes the difT,erent ty�e of aoning for L!'at Mir. Faires then answered questions by v�rious meo-ibers of the �lannin� �nd Zo/�inr Commiss on co.�cern�n� �/oss�ble locations for race tracks and also �ttempted to aasover quesLicns cor,cerning Mayor Trimbles project as described in the various papers. Mr. Faires also swggested �h�t for fu�ure pI'Anning we should possibly consider a covered mall concept for Ballard from the ra� lr�a� track to Brow: Street. GENERAL DISCUSSION. Vice-Chairman Bart Peddicord displayed a map of Wylie showing what had already been annexed according to City Secretary Caro] yri Jonsss , and that he wouIci Iike to �eep it up to date' He also stated that he would ebt�in mare maps 4-or t�f mem�er's for' talking about zoning. Cecelia Wood stated whoever is responsible +or the sign that reads ^^Ciptta) Improvements, City o+ Wylie" on a street that is under construction is a compliment to the city. She cc)nt . nued tc) say that seweral citizens have commented an the sign and that it lets them know what is going on. Steve Wrigh� �t�te� �ha� the sigr informs t-he public the streets are under improvement not repeirs. Vice-Chairman Bart PedC,icord stated that they should do a better job of convey�ng to the downtown merchants of what the plot plans are' Cecelia Wood also talked al-out the raillroad crossings, ir how the knowledge of closed and opened railroad crossings would in the planning of zones. T�ere being no fUrtner business , a motion was made to adjourn ��-ith al 1 im favor. Brian Chaney , Chazrman Respectfully submitted, Francis Varnell , Secretary PARK AND RECREATION BOARD MINUTES JANUARY 5, 1989 The City of Wylie Park and Recreation Board met in regular session on Thursday, January 5th, 1989 in the Council Chambers at 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 Chairman D. F. Whitlow, Board Members Jill Tomek, Joanie Zeeb, Bill Emsoff , Jim Ferguson, and David Orr, Public Works Superintendent Don White, and Secretary Lisa Keith. Vice Chairman Ron Ferguson was absent. Ron Ferguson gave advanced notice of his absence. OATH OF OFFICE TO NEW MEMBER : The City Secretary was not present to give the oath of office. This business was tabled until the February meeting. APPROVAL OF MINUTES OF THE DECEMBER 1ST MEETING: David Orr requested a change on Page 2, last paragraph, completely omit the entire paragraph. Jill Tomek submitted a change on page 3, paragraph 3, to omit "until they are large enough for the kids to climb". Bill Emsoff had an addition on page 3, end of paragraph 3 to read "Bill Emsoff said that maybe they could be kept at the Public Works facility". Joanie Zeeb submitted a change on page 3, last paragraph, to omit "owns the" and insert "is responsible for the stationary planters in the corners of the street in the". There being no other corrections or additions a motion was made by Joanie Zeeb to approve the minutes, provided all requested changes be made. The motion was seconded by Jim Ferguson, with all in favor. DISCUSSION OF COMMUNITY PARK SECURITY GATE: Don White said that Public Works has built a steel gate to be installed in front of the bridge before you get to the library. We want to put up a security gate to shut off access to Community Park at 10:00 P. M. The City has an ordinance curtailing traffic after 10:00 P. M. The Police Department will lock and tynlock the gate. Maybe this will help in cutting down theft at the library and park. Joanie Zeeb said that it might be reasonable to post a sign on the gate stating the fine, if trespassing occurs. Don White said he thought that was a good idea. We should take that to Council for their approval . There was some discussion of the hours the park would be open. David Orr said that on occassion some games extend after 10:00 P. M. On Saturdays the soccer games start at 8:00 A. M. The Board was in agreement that the park hours should be 7:00 A. M. to 10:00 P. M. unless there are scheduled activities that surpass 10:00 P. M. Don White said that vehicles would still have access to the park from the front parking lot at the school . I will get with the school about installing cable or a fence to close off that access. Don White said that the Park Board needed to go ahead and make their recommendations with the stipulation of who would have keys to unlock the gate. If you make the recommendations I will take it to Council . Joanie Zeeb asked if the gate could be locked without a key. Don White said we could secure the gate without the use of a key lock. RECOMMENDATION TO CITY COUNCIL OF INSTALLING THE SECURITY GATE AT COMMUNITY PARK: Jim Ferguson said that we need to see if there is an existing ordinance on this and work from there. Assuming there is an ordinance it should stipulate the park hours. We recommend, if there is not a fine in the ordinance, we suggest there be one, and a stipulation for the fine if not one, and the Police Department, Don White, and the Park Worker having keys or the combination to the lock. Chairman Whitlow recommended the installation of the security gate at Community Park. The recommendation was seconded, with all in favor. Board Members requested a copy of the park ordinance. GENERAL DISCUSSION: Joanie Zeeb said that she had been working with the Chamber of Commerce on the landscaping ordinance. I will be attending one of their meetings to ask for their help and ideas. Jill Tomek asked if the Board would be out of line asking to know about the money coming out of the park budget. Don White said no, you should be aware of what ' s in the budget, but also know that I am responsible for it. Jill Tomek asked if the TOPO had been completed yet. We' re waiting for the TOPO before we can get anything done on our list. Don White said that the TOPO has not been done yet. It' s not that the engineer is avoiding the issue. He has been preoccupied with the Texas Water Commission. D. F. Whitlow asked if now was the target time to hire the park employee. Don White said he turned in the personnel requisition today. There was some discussion of more tennis courts in the future. Chairman Whitlow said that a Mr. Lloyd Nelson had contacted him in regards to working out a co-op with cities in regards to a golf course. The basic concept is proposed to the City. The City buys it back on a long term agreement. All the City does is find the land. There was some discussion of designating the old land fill as a golf course. Mr. White said he would contact Mr. Nelson and invite him to the next meeting. Don White updated the Board on the Highway Beautification program, explaining that we should begin on the project in mid March. We will need volunteers for the installation of trees, shrubs, etc. Jill Tomek said she would need three to four weeks advanced notice to get the people together, but that it shouldn' t be any problem finding volunteers. Jim Ferguson said we might be able to get help from the boy scouts, Wylie Garden Club, schools, etc. Don White said that the State is purchasing $25, 000 of trees, shrubs, supplies, etc. , including the sprinkler system. They will provide us with everything needed to complete the project. All we have to do is install everything according to the plans we submitted to the State, and provide the signs. Jill Tomek requested that these plans be provided to the Board at the February meeting. There was some discussion of things that needed to be done at Community Park. David Orr said that the Park Board and WSA are suppose to get together and decide the best way to put the $3, 000. 00 reveque back into the park. Board Members requested that this business be put on the Agenda for the February meeting• and that some of the WSA Board Members he invited to attend the meeting. Jill Tomek requested to discuss the Community Park sign at the February meeting. The Texas Parks and Wildlife requires the City to install a sign according to their specifications. There being no other business or discussion, a motion was made to adjourn. The motion was seconded, with all in favor. D. F. Whitlow, Chairman Respectfully Submitted, Lisa Keith, Secretary LC CITY OF WYLIE TO : Mayor and City Council FROM : Department of Public Works DATE: January 18, 1989 SUBJECT: Preliminary Plat Replat Final Plat Site Plan NAME : Southfork Mobile Home Park LOCATION : McCreary Road at McMillen Road OWNER : Southfork, Ltd. and Cambridge Income Fund, a Texas Limited Partnership Date of P&Z Commission Meeting : Not Applicable Attached is a plat of the proposed layout which has been reviewed by all concerned departments in terms of their respective requirements . Comments are as follows : RECOMMEND APPROVAL YES YES, WITH STIPULATIONS NO The following plat has been brought forward to the City Council for approval and acceptance of the water and sewer lines contained within the utility easements shown on the plat, along with the perimeter street dedication as directed by Council . P&Z RECOMMENDATION: 3 7 . . rE • _ �. I STATE a TEXAF A COIMTY DE DEMT➢N x • POISED DOMINO° VOL 942 PG MN WHEREAS.90ViHFORK,LTD.aM CAMBRIDGE INCOME RIND.A TEXAS LIMrTED (SD •ARTNEBSNI•.an W°weer.of•trct of W Pi..m CWM County,Tam.Po.pert W We I W.Mi0Mit Sermy,AMA.No MR Mma.F IM.M3 were gel eMeeieed ilt Vol..PPS Pere*M D.Waco.of Collie Coo,Tema•e.Mew more PM*, ewe f°Ilowc o BEGINNING at•5/r iron red He Southwest corner of Ue 1.W.M mMII h.,n,AM.•t, N.vow.I n..fr.•te I rot me Col.Im county E.wea out. m described,e rM°..e nmq•p u h GENE LEWIS ENCE Norm 00'pe'IS'Err.lane me m•coon d•distance of 35;3A:feet to•5/a' > N VO.60C PG SOE 200 0 B00 400 woo roe to the motet of e°ieter.ectron of•count,rood Ere for the Nor m.est toreer of tee Irom wet y. THENCE rod a the 2TENory East rn,u,en ear put. ue y road•Ammer o.APO 40 fee m• e ram 'M_ p t _—N 89.42'I S"E 2070 40' _ 1 - .- --. COUNTY�AD °ten.So th i t,' for i r n o inn end lace row.detente of DOB n 1..m. rHE NCE Nrm w :'Is E.t wand ten n r, I/j IPr lHENfE Mum Ot't J"Eue won son old 1<red c1 F ----_--- -- n'99•e 2'15 E 201512 1 TH[vf[South IT33'J3'Xest Vier.son°I.fentt•n.ne.1e row.*count°of r91.5o feet m�G STREET DE�CA'ipN HENCE m e Scum hoe of Mrs t:room arif.11'K u °Mrte of TJ S.It Top to tM•LACE Of BEGINNING Lod cont.'.130.AG acres of mod NOW THEREFORE KNOW ALL MEN B1 THESE PRESENTS t- THA1 SOUTHEO.LIT:are cAMBRIDGE INCOME TEND.•lew Limas]P•rtrnhml I� .deer,.*wner"of the act Al land r.MreFy and mtr k M p.d,t NI tweets and $ i w,e,es m.Mr.° td,t*Peer .m /M9 • yROBE R t T . m IR' R I G MI r TiGMMj1ETRQMO EIM.• #. Q f WWore LM J' COUNTY ROAD 245 J.W MITCHELL SURVEY Rt ezQ PI r Testae. for Approval• • ------ RMY W s. ABST NO 589 for°.prig°Memos e..* 2 w w Lha lrnn, Il.,Top, Isni•p Cs.Iat4st DaN 1 y O W CI tY o/Yrl1st,T••u STATE OFITEXAS x Pe CCSUNTYOF DALLAS % • 120 612 ACRES I Arr re•ea/•r e••atr*e<1•n BEFORE ME.roe wedetwened.. rrMMIIY metered Harold IIMSpM [epQ „ eclat...4990 In me tM he rotes.the some Tot the ger1 m fmow m. WI p n City of Vrl ie.T•e•a Mr-- 5 e or.m.e lty 0 Ye the motion.*me owe ewe A U n At,.pte• EN UNDER NAND AND SEAL OF OFFICE, THIN 6 f z son ��r J,� nn..Y K�oppf .I o P bete • IIDOIEYEOpM1EY .N��(Li. t Cj1/4) 8 �G4 Mayor. city of Yr51•.Zee:- . 1 (::: MEwpYIAiI�p moo..Nit. 6 Co.,;.n O�Q� Tee ,000,•tuft.nod,[thee..a 000creurr°e the City•of Aerllq �,4 � .m�Emit. L-`T-'I l .71 x, °°soapy c t wet*. . the erq°te1 flea, Plate e Mlvlaf Dn a a*di teen!e STATE OF TEXAS the CItY of Vr1Ie • sub•Itted to the City 001..11. on tee OF DALLAS*•Y a IrB9, a•* the[e*ntt T. by ler•al fottNTl- x `/�r�/��i/`' - action. then and there • ceptee the *•O,...at eI perimeter ...red Ron Berlin•rwnwe 1 C F INFER = o flee[°. has•en[ and a•t s•• r III s•s er au a**set a orttsod IMEORE M.to tee NMI r a.nume the some let me oumos• t t t m forth 1n and eer°n Sold Oat and sal* CO*ncll farther thorl»I the tM 'MnW �G the note tn!• 4pb*ce tee r••i le,N*n1•p•1e me Mayor n l�� ever*p.e eaupacr ore •..o mK nMIo.e.nnm lled the ten e,r the°t t roman• • ~ 1'oY�t I Yl rhea°•Y ea**t*la 4•Y•1 RO 19Bp O*nowet MUE to be YnHAND AND55EALe me OFFICE. THIS Way M �•:��. M9 + -II � Yr,st trYeT tI o rr,T•aa ROdEYEOUPREY Notary . P•Nk, Conty.T.0 Moaww�Ew� es denmen 1� _ • I OCT.4MN SURv[rOR';CERTIFICATE �A I•r super1..0 role,eo MreD.1 certify tut I Peel-PI this Met To.•n cedes, eq IN • pe air her m tIN Irk ane NI all tarn.,erre piece.6 met ,tom,. fCt E ___JNG �l�s 44, � s R9.22'32°W -_79150 —_ i Ngr S R9'IS13 W IJ341R �I/z'IBR Tian c.[1 Re9t:';-- y�'� • � rmur.srreenr.le.n M.ten \\\ —. _6R R.F- See Ow Nee Pepe NI! S I • w•wAM C. < _ LIIAR itl._1 L. CE XREd VI COP JW MITCHELL SURVEY w CAMPBELL I PERM EAS'ERING TRUSTEE � MC 9„AfC SSE 4O`! CL 1�AG70. - _ /. FINAL PLAT SHEET I of s/oh;LE" ,. ABS, No se9 voI e-. x15w ; �� " .-- --- 6 noJEcr 1 T F R M N JAS MAXWELL SURVEY 6 '.aacATRaf ri.c 120.642 ACRES ABST NO 582 BF IT TOTING I) WO-5621,263 t 111 I t J.W.Mitchell Survey,Abstract No. 539 son ��..� tU��. e COLLIN COUNTY, TEXAS M SPARKS SURVEY, ABST, NO 849 11 ; r ylf'� -'` 1 • OWNFF ENG EE 's2Pr1 TOR F� -_, 1 • t sc„ ORn _Tr, 60 IC-PEERING CORD sO EWM,T FREEWAY H R�JEP -I ... -r �,;�V" SUIT I SOL.SECT.TOWER 50 E T.3M1 • DAL S,TEXAS 75,9' OP._.. YAS 752e, ',I w T \\ .� PTO WYLYf ,�t LOCATION MAP 'AL 1, - ^e 0 _ .y. 1�r IA f —__ —...-__.°�'i Mi rRtM *ollYo - - '..4 __.. —F—_— 1 } POINT 01 SEGIN/IMG r nurf aurae rc CREARr ROAD 17S R 01.! e.0 1 r•+-• M{... P.OO•OA IS I .4poo }- US. t4{i.ED _ p� 1 IT I • • .„ •.ram^ ,• Q �• / . fcK�r A ; nl « 2. sow. I w�°�:,tw^ __. --- ]zeoo-- - "'�. R P , g .f', a 4 g a re. w{Wvre PRW71.r ------ WOUWn f *' ± + — . N• 8^ ^s•,{ofr- � moo • rV (I' �' n� s• 8 Ngv44pE-�.— ' l l .no- Lt }. . . s l •0050455 a I . /, $' {oowe-e A "'.>•^:w ""7 ." I • n a . Ixaoo . nE . x ; ' , .(a s,w W.- h 81 _ � I �R j NOTES ;g -yam 0.4 __ r • MTERIOR BEARINGS AND DISTANCES IT S x 0 f LANE I . lb b $ , A • E I'� DESCRIBE THE CENTERLMES OF IS I b �� N�wn '1 '= UTILI"EASEMENTS • 1 -- —_ f, - 95_-�* f 2 PROPEP EASEMENT'S ALONG PER...STEP O[ 'Ylz PROPERTY ARE C WOE UTILITY EASEMENTS e f 'Ez� c•; ; 1 s 0.n s • `I 3 EASEMENTS MARKED W-ARE 10 I OE AL.O'TIERS 15 WIDE ---- R.eO Mn i o I. 40004n f Me00 _ -�j{ ie '• ( I Rm2w k 4R0 • R I I W{e 8 >a 9] 2NY4 �/ {Down-w 4I,R 1 °°o.--i— c�oc,� — -r s oo•o.n ___- -� ti ti s -�/f .E ----_.ate- W '1n .T2p E .e]O2 W i Atp•e zee4 x • y .. • a e 4 1 i rT 0 f 222 4. �. ]�- MOO —� I �I e' f ]00b 300.0.n W 4n W f{T.9 4 i jr.Q t Cr N Y ,. I I 1Nl 75e '� 5�0,0.W SDVSS'f 500.0.n W t Al 00 4 f I) -64 IOC 5, 100 Nt`� /fn `�9+ •100.0.n t 2.612 )^ \ E jN 8 i GRAPHIC SCALE W FEET + h °° 21e Do —.fE1 s r x i 1` To �n qp ^ _J b.4y / • sr �� s'9 ezx zze ! 4 iA F x =oo .�. :• oeoa ]]e sKoc•w W' A 9h cr uF . /�J/ "_//n�y,i 0 rr • / M1 4e. •gin^ 3 •I / --. ,— s R /t GB TA a \ c�{.y 9 _ I FISTS -- «��,c„- . Yi. J15 ON\Ai \� LP.E 7 S �/ k 1 v'A' W 2 �� ,,,,s ,--' ,--a r02- r Ys i_^ m/i t• ��f i 1 it." ,P\ • •S SF 4 Vun b]:` >� ¢ lic .''�� 1, r..{:r g � FINAL PLAT —SHEET 2 OF 2 a 115 (i SOUTHFORK MOBILE HOME PARK >; - = 4 t 120.642 ACRES o f "— _ _ f DETENTION POND JW.Mitchell Survey,Abstract No. 589 « z _ TEXAS zr.+• xof Ian o5 z]]of . 2' `1Ae •, N EASEMENTS COLLIN IN COUNTY, UTILITY ]on on E 'TN.'f N n- W ..o - - SCR E S JR. RE s ore,E R .•f ±- _. --± — 3 o. 1-� SOI TNf OR. TL 9 -C E•.' N E •= 0 • n - • f - -. SJIITT�ES DOCM SOU`NDNIS REEWAY OWER SC,E SOSO. +Er n Y F • • 2]S 0f •li'y1•E 1- ^ no re 4W� {{B 22`�. 7f]/•.. _ `.E D4LL A5.TEKPS T52{T DAB.4c iE AE'Sr 4� s J1' - 2 -— --,x I;f 1 - 2Wo] �` lEGEND ,.zR _... __ >b0 S 01• ]II W — S]_. F IJ6\ JANUARY E 19R9 4i ME IP, 1 P e,ve y,trl .PM noE r yN, 1 PROJE C'NC NOS 104 0, Staff Report to Mayor and City Council DATE: f SUBJECT: NO: 1-19-89 Phennel Addition - Located on Branch Peninsula The Planning and Zoning Commission recommends to the City Council the approval of this subdivision with the stipulation that it comply with the subdivision regulations concerning Perimeter streets contained in the subdivision regulations of the City of Wylie. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Roy Faires FOR ADD.INFO. CONTACT: OTHER: Roy Fai res CITY OF WYLIE TO : Planning and Zoning Commission and City Council FROM: Department of Public Works DATE : January 11 , 1989 SUBJECT : Preliminary Plat Replat Final Plat Site Plan NAME: Phennel Addition LOCATION: CR 990 (Just North of CR 738, Branch Peninsula) OWNER: C. E. Phennel , Jr . Date of P&Z Commission Meeting : January 16, 1989 Attached is a plat application and plat of the proposed layout which has been reviewed by all concerned departments in terms of their respective requirements. Comments are as follows : RECOMMEND APPROVAL YES YES, WITH STIPULATIONS NO Mr. C. E. Phennel , Jr. has forwarded this plat to the City of Wylie for review after determining from Collin County that it lies within the Extra-Territorial Jurisdiction of Wylie. Mr. Phennel desires to subdivide 1 . 202 acres out of his original 14. 004 acres tract of land for sale. A 30 ft. right of way dedication is proposed along the frontage of CR 990, but there are no construction plans for the road. Staff recommends that the subdivision be approved contingent upon the construction of the perimeter street in compliance with the City of Wylie Subdivision Regulations. P&Z RECOMMENDATION: Unanimous recommendation for approval contingent upon the construction of a concrete roadway along the entire frontage of the Phennel property on CR 990. lillY6 ENGINEERING DEPARTMENT APPLICATION PRELIMINARY PLAT FINAL PLAT REPLAT All rules and regulations established by the Subdivision Ordinance, City of Wylie , Texas and Article 974a Revised Civil Statutes of Texas apply. ENGINEER/SURVEYOR: ej97//7"/2ELL r- 7,, CPHONE : 6"--W -SP-9 73 // G( LC u S/a,7ca zcl, //� ,/f.1/UC`' -7----,P ZIP : 7 3-a G ? OWNER : CZ:-_ / JyL-=,t/'i%G PHONE : 7J -22 S -> l �u%� // , 6/ /27 fig / ZIP : 7 o‘ 7 OTHER : PHONE: ZIP : PROPOSED SUBDIVISION NAME : / ///=/(j/14r=L , 7LT, 2.)i7/G/V SURVEY NAME: /11 1' CMG /A/4 Z SURVEY NO. : .5.34' EXISTING ZONING: PENDING ZONING: Is this a replat of an existing recorded subdivision? YES I— NO If yes , give name and date when the original subdivision was filed for record at Collin, Rockwall or Dallas County Deed Records . Subdivision Name: Date: Volume: Page : Number of Lots within the original subdivision : Was this subdivision restricted by zoning or deed restrictions to single family dwelling use? YES NO I am authorized to make application for a subdivision on behalf of the owner of this property. SIGNED: AGENT The above person is my representative , authorized to make application for a subdivision on my behalf , and I am the owner of the property for which this applicatio •1..;Z made. SIGNED: « ,\ a/t0-14'*--"k° OWNER DATE FILED: RECEIPT NO. AMOUNT $ 2000 Lavon Drive (SH78) North, P.O. Box 428 - Wylie, Texas 75098 (214) 442-2236 STATE of TEXAS I COUNTY OF COLLIN I + fi ##re� . . II �. 1 t I t of 1r k7 A 4. 1„ N..Y LI.. 11 1 („ni. i1hTand1 -Tg. Iv,. :36 aIYC _ to c! l *s • PHLNNEL ADDITION ��; �r: 1:' °.. I ':,,n Coyr.ty 41/ CEA/IA'L2 SURVEY A95ToACT 4C 338 1, ': N: .,, 1 COLLIN COUNTY, TEX.:S -` ��` rI rr �I „rl wr rl 544.t ft. » ems; - �' _ 1,mot. ce of Oil I_ _' .rr ..:. ., a u I I Lht I N t l i ��--nA'.' .•'°•' I s...e y I11:Nt'L 4 ', E V o Ko^e. LOT/ '1 1 1Sr, 1. 1 at .) u( a .' :i.St aiicr8,�n�.0i �1 y' , ,,* � la ,1..,r a r 7c,'at'''. r,•� v .r 1 t .r, ,r.li . _rI .' �t.n. 'y � } • - 1 I t, i,� I, 1 iC3 t ,r1!„ tIi .r q Alt.: rt 1 ±. ty aY,.z !:. Sf ' I N,- 1 .,y ) t:�.. ' u,: I..t ° t rh t1 d.stgng1 af. ,y I ,I_ 1 •I ny r .0 y A I NO 1HIREF:RL KNOW A1.1 MEN BY THESE PRESENT That e, C.E Fh el Jr. and wife BanalB r.l 9 1 ,�, 1r _ i .1 Yh el 1 t iy ) lt th (1 t t aes y tiny tl to ei b d - Abed pr�rty jr tl PRF NNEI ADI)771 N a) dd T . tc [he Cuunty of Collsr a,d hereby dedreatq he h 'K`� �g$aFn, , � `. ▪ 3 * AYH tt public ,r foLe the st ets and alleys and easements as shown. C . f t,444, lipyf ��yy Md,j'eys ,F„AN 3 L qq� i f-�.. LJ7 2 '. r '1a'�}t d '' '_<.a.l L ,it,.d tl ti - ,luy ut i.. e_—__1`J 88 ./ I �}�p C F gild « a I. c ) *Irt • '+ C L Phenn 1 1r.,Owner '. "`.r. srs „ b {I " t iik p. I' 10' ..C.1 A ,'� °� a I }1 L !l 1 ., r , 1r � B ie hennol,e0 ner I +i• • • Or r 11 ,� rt,� 1. p '� teAL,411 x !� i COUNlSTALE of rCOLL I h Rai 1� ,' '� '.k COI NTY OF COLLIN I �' Yl "yY F �1t F r x , 1 BEFORE MF, the undersigned,ed a Notary Public in and for the said county and St to f ,'4t' �! i jvT y P -11' appeared t E Phennel Jr., and Bonnie J. Phe 1 known to dg' I 4 5S i I 1§§§ t 11� [ Inc f zc hr -es are Subs<Lihed to the Er regon my Lrsur :ut and aokno � �}� 14, y.i yA , T i t c that t mot i the same for the purposes and consideration there In eKpreese4 1 � D3 t.,es ? ▪ t' T 1 f I�'l�.r'+�- lil NDLII MY 1 v.,, 4v'`I 11" dll$. . ' . HAW, ANT. SEAL OF OFFICE this the day of _• tg IG �rF4 ���.., �41� I1 : s, f ���1, T' t I�^ „,'V CN�3➢ 4AKe(AWN My t„«I lss l.r Env l>r rya—___... n County Tp$• ll•' � '# '. Notary Public, Colll :--;'' J.A Noted'., Printed Name. f i `if If CR,M r' SUR1EYOR'S CERTIFICATE. 1 ) KN)W ALL MEN BY THESE PRESENTS: That I, John V. Cantrell do hereby certify that I F LOIU INFORMATION p i F plat fromactual on the ground survey of the land and the corner " ' V/C/N/TY MAP Accoru'ny t- the National FlOad Ptal I monuments sl property placed under my supervision and In accordance with try fl A.Y. ' .„ _.1 Rate M81 hereof 04Sp effective t li rcl platting rules and i regulation of Collin County, Teas. 1 4'F'+r+' tLl `i'Id 't , NO JGLE 10 the hereon property does not li, rn the ).:.:' t,. �.� h tt a�' 100 year flood boundary. - nt _e10-t i, 31 f �F ,.' SURVEYOR John V. Cantrell Re_gie'�ere.!`p�r. vp�,y+�•'f- tt;`r^' 1 • !1urveyor t .. ,AS,)� Cr[! PNEMhEL CAM/11lLL 'r19VEYINQ CO [ ,�} [ 1 c II�. Amin II lOx ill Rd a[M'!1 COLLIN COUNTY HEALTH Dbi AR1 MFNI SI r, l)P 'P E:{AS I lits k'.1( , r .I 1 MC�ONNf✓,rlaaS�5069 MCMMWEY )SUES, I hereby certify that the waterand s, ll,t. CCI It OF CII 1N X i p jYI-)J6213U PIT d 5Y had o theplat confcst t the pA ble °. „ ? lK J �� a tr C Ill law of the State of Texas, thep istir� II trr [s was acknowledged be Ea re me on the dayat _- I:�ilAtt ,,, : �7K,. r. - // _ t. have F nl.nr tted representIll tl 1 — - 146R, M; ' , . � l 1, 'I'll wl Lch septic disposal systems may be u, J. w �4 L CL I+s1on 1xprres; �7 •4 [�[ S Notary Public for the'State of Texp4 91 ,s ` v + V 1 ." JCs ,,f Sanitarian, Collin County Health Departure;. y1 • �tM![drr[Nla S/JI:f�S Notary'S Printers Name y',�,� 4t1. ''. T Apf tr..: 5) C:.l lin County CSr.vI ss ion s court on the _day of �/1 :.' . , dam#5'a "itwe�y ' • r , William J. Roberts County Judge tv'1 L� t� $`Y41�"t'~', 'ITw . [ W C.q S.c,.t.', .c'.,o r "..' 999""" s:.t T, �Y 4 irt N 1 N[[ . it(oon<'`'e no;t_. r_ f,,_ .eiir< , _ 1 f. .T�X : ' , W1 r' �+ MI,,it •IL.u,.,,re.i ".t a..10 roun11 r.r,%:,.� . N�.on to'ViTtn.., „.n.rn.,.ur yy� t sri .,.. oW Ala �JUS,. t cIii T' 1 .t,,mow,T+iA lk 7.",it • •..d`"!t rr"1 k . - I e. E.a N • t ' [Al A i , . , , . , ' . OC_,. . . u . ,.. f 1 C.R. 439 C I' _ G 44 _l_ s , _-- - Clear L>�k• ;,--_— ; �:. i -I- S.. 1 , ! C'-- r i I 1 1 i J N oN L ) LAE., 1 /I c.R. 437 • • •+ � ; • • lieverly Mill 'i L,AON 0 -,..)N cR 7 � •, �� Boathouses .....k , \ ` GR. 739 I• _ u a ' ! ("it • • , 11 i• c.R. 740 c el ., A �' I a 61 • ) • 1 \ ° 1 I v ° •c.R. 739 / k r F . $ .- -.• C R. 736 ° uce . ° • ° 'Ha ►at e-- c.R. .�37 • ,.,.�� 1 qi ent � ..... vb mein u • 0��j� �. --^F � P "_ cod (••• coif • /( / N. JJ Ci'ill• /• ./ 4 - - � , 1 - �, 1 A ti I Dock -• c _ _ _ ae4• , Staff Report to Mayor and City Council DATE: • SUBJECT: NO: 1-19-89 SINGLETARY/BECKHAM REQUEST - ETJ The Planning and Zoning Commission heard this case on January 16, 1989. After considerable discussion of alternatives and legalities as discussed with the city attorney, these being that we cannot relax the Extra Territorial Jurisdiction on a piece meal basis. Should the Planning and Zoning Commission and/or City Council desire to provide relief to the developers on the Branch Peninsula, there are two (2) possible ways to do this . 1) by legislative action, we can establish a line in the water one mile from all points on the peninsula and de-annex all of the water inside that line, thereby placing the Branch Peninsula outside of our ETJ and thereby abandoning it to whatever criteria the developers wish to use. 2) the other method is through legislative action, would be to reduce the city's ETJ to something less than the present one mile. It is the staff' s opinion that such a decrease would be unacceptable because it would not only effect the peninsula but would effect our entire ETJ. Bart Peddicord made the motion to recommend to the City Council , that the Planning and Zoning Commission to not relinquish the Extra Territorial Jurisdiction requested by Singletary and Beckham for 104.67 acres. Seconded by Steve Wright. A vote was taken with four votes in favor and two against, there was a misgiving on the part of one member and a revote was taken by decision of the chairman. The motion passed with five in favor and one against. Mr. McCaw, Attorney for Singletary and Beckham objected to the revote. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Roy Faires FOR ADD.INFO. CONTACT: OTHER: Roy Faires Staff Report to Mayor and City Council DATE: SUBJECT: NO: 1-19-89 (2) One Year Specific Use Permits/Doug Poole The Planning and Zoning Commission recommends to the City Council the approval of two (2) One Year Specific Use Permits for Mr. Doug Poole. The motion carried with all in favor. The Planning and Zoning Commission discussed each item that Mr. Poole had listed for sale in the proposed areas and these are the final specified items, with limitations, to be sold in these said areas. In all areas the hay is to be the common rectangular baled hay In all areas the wood shavings are to be bagged In all areas the fertilizer is to be bagged In all areas the peat moss is to be bagged In all areas the firewood is to be stacked and or bundled The Planning and Zoning Commission divided Area 1 into Area 1 and Area la. Area 1 everything in this area limited to three (3)ft. high wood shavings, firewood, christmas trees and farm and home supplies with the stipulation of lawn and garden items as normally defined. Area la- hay, wood shavings, firewood, christmas trees and farm and home supplies with the stipulation of lawn and garden items as normally defined. Area 2 - fertilizer, peat moss, wood shavings, firewood limited to (3) ft. high, and seasonal plants Area 3 - seasonal plants, fertilizer, peat moss and tack (no height restriction in this area) Area 4 - this corner will have a 20 ft. setback from both streets, and a (3) ft. limitation on all things in this area, firewood, hay, wood shavings, landscape timbers, farm and home supplies Area 5 - no height restriction, fertilizer, hay, wood shavings farm and home supplies, farm and ranch trailers (if using stacked trailers, maximum is 3 high) Area 6 - no height restriction, fertilizer, wood shavings and hay r ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Roy Faires FOR ADD.INFO. CONTACT: OTHER: Roy Faires 0AF n I. 14Oro sE A PRE A 4- P •so HAY y /ciwoo/� AJCOO 6 HAW N6 5 `‘r Np r • F/ �,E WOO D WOOL) SN�4V,NegS • x-OW s r l3 �- FAefti Nam ssr t PAPA NoME 6o,',Jue"s �� ' d L. t n 1)RFN l / oonsF1) _,\\��1r fER r/t X -• AREA .j vdbat Pew r�ess \ \) ,- '4. ,. Fel,nactlC Fo,rcwn06 bps A( AY \ coo so*v,i'6 FX 5T/N(�j .�=A,Pm a J/ r My."1 rye 4 inf'A4. //ww7S 4uItb/N6 I 5 Ate,' c 4,A. TXVAIJ 1 AQ E A 3 PRO roS E 6 -' 0 1.1eEPI tr) PireVenart Fero Dis kir SsAsoN.t A' ,v i le-or/reek Fe"rirGEV SNw v►NtS S koi moss TACK - `k FRem c 140M6 Su,a,ac,6s Ncow? E fi ' y'f A /77 ,15 Lrve stuck i A FEECEW 5e leoreA6As FEED CoNT I 'EkS PET 61,/E472'.Ps GAwM E. GAP04-A, /7--n's • l r LOT I ' , I : 1. ``I ,_ (� �f)1i_ I��, ��f; -�� ) � �.• _ii I 1�11\, ���� I ���- ) �/ \Aff• I I E 1,, = 20. f) ._ r r C