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05-13-1986 (City Council) Agenda Packet I `I l AGENDA SUMMARY TUESDAY , MAY 13 , 1986 ITEM NO . 1 - APPROVAL OF MINUTES - No additions or corrections . ITEM NO . 2 - APPOINTMENT TO P&Z - Not an appropriate area for staff comment . ITEM NO . 3 - REMARKS FROM CITY MANAGER - You will receive a memo under separate cover . ITEM NO . 4 - ENDORSEMENT FOR PROPOSED MUNICIPAL BUILDING - Not an appropriate area for staff comment . ITEM NO . 5 - APPROVE ANNEXATION ORDINANCE FOR 31 ACRES ON S . SH78 - This property is described as 31 . 862 acres out of the R . D . Newman Survey , Collin County Abstract 660 and is located on the east side of S . 5H78 south of Century Business Park . This property consists of seven ( 7 ) separate tracts and is the site of three salvage yards , one of which has been closed . The public hearings required by law have been held and this property satisfies the criteria for annexation . This action will make this tract a part of the corporate limits of the City . ITEM NO . 6 - PUBLIC HEARING ON ZONING FOR 31 ACRES ON S . SH78 - The zoning request for this property , described above , has been initiated by the City . The 82 is requested for the frontage with MF in rear of the property . The City staff has reviewed this tract and feels this zoning represents the highest and best use of the property . There is a flood plain near the rear of the property which will have to be worked into any plan for development . ITEM NO . 7 - APPROVE ZONING ORDINANCE FOR 31 ACRES ON S . SH78 - No additional comments . ITEM NO . 8 - PUBLIC HEARING ON ZONINGLCONCEPT PLAN FOR 10 ACRES ON E . FM544 - This property is described as 10 . 038 acres out of the J . D . Shelby Survey , Collin County Abstract 819 and the N . A . Atterbury Survey , Collin County Abstract 1763 and is located on the north side of E . FM544 in the tri-county area . The petitioner is asking for planned development designation for this tract . He has a detailed conceptual plan to be presented for your review at the meeting as required by the Subdivison regulations of the City . The P& Z heard this petition at their meeting on May 1 and recommend approval by a vote of 6 -0 . Comments by members of the commission are included in your packet on pages 32-33 Item 6 of the P & Z minutes . ITEM NO . 9 - APPROVE CONCEPT PLAN FOR 10 ACRES ON E . FM544 The City Council will see this again when it is presented to you in it ' s final form , the development plan which includes construction plans . ITEM NO . 10 - APPROVE AMENDMENT TO ORDINANCE 84-12 - This amendment is to establish , by way of the fee ordinance , the amount of the maintenance bond required by the City from builder/developers in putting in a development in the City . The maintenance bond is required by Section 8 of the Subdivison Regulations of the City of Wylie . This item had inadvertently been omitted from the fee schedule of the City and the staff is now presenting this item to you to rectify that omission . ITEM NO . 11 - CITIZEN PARTICIPATION - Not an area for staff comment . 1 ITEM NO . 12 - AUTHORIZATION TO GRANT PERMISSION TO INSTALL TEMPORARY TV ANTENNAS - This item is placed on the agenda at the request of the owners of Southfork Mobile Home Park . The City ' s MHP ordinance requires NO outside antennas in a mobile home park . As of this date , cable service is not available ; however , that should be remedied in the near future . The residents of the park are asking only for temporary antennas until such time as that service is available . We have spoken with the manager of the park and he has volunteered to aid the City in enforceing this item . When the cable service is available , he doesn ' t want the antennas either . ITEM NO . 13 - COUNCIL DISCUSSION - Not an area for staff comment . ITEM NO . 14 - APPROVE PAYMENT FOR OVER-SIZING IN RUSH CREEK AND OAKS ADDITION - This item is presented for your approval . The City Engineer has reviewed the costs and his recommendation is included in your packet on pages 49-51 . This is consistent with City policy as outlined in the Subdivison regulations . 2 / CITY COUNCIL MEETING MINUTES APRIL 22, 1906 7:00 P. M. The Wylie City Council met in regular session Tuesday, April 22, 1986 at 7: 00 P. M. in the Community Center of Wylie. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Don Hughes, Mayor Pro Tem Harold Spence, Council Members Calvin Westerhof , Joe Fulgham and Sandra Donovan, Council Member Elect Geline Dodd, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Public Works Director Bill Windham, Code Enforcement Officer Roy Faires, and other citizes. Mayor Hughes presided over the meeting. Council Member Lowell Brewster was absent . Mayor Hughes called the meeting to order and Councilman Fulgham gave the invocation. APPROVAL OF MINUTES: There being no corrections or additions to the minutes, a motion was made by Mayor Pro Tem Spence to approve as submitted. Seconded by Councilman Fulgham. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED COUNCILWDMALj GELINE DODD:_ City Secretary Carolyn Jones gave the oath of office to Geline Dodd. After repeating the oath of office, Councilwoman Dodd was seated at the Council table. APPOINTMENT TO FILL_ONE VACANCY ON THE PLANNING AND ZONING COMMISSION: The vacancy on the Planning and Zoning Commission has been created by the resignation of Joe Strigle. Motion was made by Councilwoman Donovan to appoint Fred Ouellette to the Planning and Zoning Commission . Seconded by Councilman Westerhof . The vote was as follows: Mayor Hughes - against, Mayor Pro Tem Spence - in favor, Councilwoman Dodd - in favor, Councilman Westerhof - in favor, Councilman Fulgham - against , Councilwoman Donovan - in favor. This motion carried with four (4) in favor and two (2) against. APPROVAL OF- THE PROCLAMATION OF BIRMINGHAM WEEK IN THE CITY OF WYLIE - MAY 5 - MAY 10: This is an annual event and is done at ther equest of the Wylie Independent School System to honor the family that has done so much for the school system. Motion was made by Councilman Fulgham to approve ' ' / / and sign the proclamation of Birmingham Week in the City of Wylie - May 5 - May 10. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in fEvor, Mavor Pro Tem Spence - in favor, Councilwoman Dodd - in favor , Councilman Westerhof - in favor , Councilman Fuglham - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. APPROVAL OF A BOUNDARY LINE AGREEMENT BETWEEN THE CITIES OF W`8=JE AND MURPHY: A motion was made by Councilwoman Donovan to table items five k5) through eight (8) . Councilman Fulgham asked that City Manager Gus Pappas give an overview of this agreement. Councilman Fulgham said if we keep tabling and never vote, how will we get anything done. Mayor Pro Tem Spence wanted to know if Murphy had made any changes. City Manager Gus Pappas said this document has been revised and sent to us from the City of Murphy and shows the boundary line terminates at the corner of McMillan and McCreary at the northwest corner of the Southfork Mobile Home Park. The original document showed this line to be extended northward so that the boundary between Parker , Murphy and Wylie would close. Murphy did not feel that they could support this. City Manager Gus Pappas said that he did point out to Mayor Poindexter that without signing the agreement that would close on the nrothern trects, it was my clear opinion that that meant the area north of the mobile home park and east of McCreary Road was clearly in the ETJ of Wylie and that Murphy had no claim in that area. Mayor Pro Tem Spence wanted to know if we had a document to sign. City Manager Gus Pappas said yes, Murphy has sent it to us to sign. Murphy wanted Wylie to sign before they do because of the things that are happening in Wylie' Councilman Fulgham said he would like to see the Council agree to sign this document . Councilman Westerhof wanted to know if we sigq and Murphy does not sign what happens. City Manager Gus Pappas said there would be no agreement. Councilman Fulgham said the City has been trying for this boundary for eight (8) years. We are trying to come to agreements with cities to help developers know which City to go to and to not leave areas open for other developers coming in under no control . City Manager Gus Pappas said the city already has dedicated to us a 12 inch water line and 50 foot road easement . - - Mayor Hughes called for a second to Councilwoman Donovan' s motion . There being no second to this motion, the motion dies on the table. Motion was made by Councilman Fulgham to approve and sign the boundary agreement between Wylie and Murphy. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor , Councilwoman Dodd - in favor, Councilman Westerhof - in favor , Councilman Fulgham - in favor , and Councilwoman Donovan - against. This motion carried with five (5) in favor and one ( 1 ) against. APPROVAL OF ANNEXATION ORDINANCE FOR 190. 13 ACRES OUT OF_lfUE C� A,_ MCMILLAN SURVEY, ABSTRACT 588 AND THE MOSE SPARKS SURVEY, ABSTRACT 849_AND l��� J. _MAXWELL SURVEY, ABSTRACT 582 LLIN [%}UNTY� This property is located north of west FM 544 and west of the extension of McCreary Road . Since this property is east of McCreary Road, the property owner would need to get a release from Murphy in order for the City of Wylie to act on this annexation. Motion was made by Mayor Pro Tem Spence to table this item. Seconded by Councilwoman Dodd . The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilwoman Dodd - in favor , Councilman Westerhof - in favor , Councilman Fulgham - in favor , and Councilwoman Donovan - in favor. This motion carried with all in favor . APPROVAL OF ANNEXATION ORDINANCE FOR 45' 763 ACRES OUT OF �fE MOSE SPARKS SURyI�', _CDLLIN COUNTY ABSTRACT 849: This property is located just south of the Southfork Mobile Home Park and east of the extension of McCreary Road. The public hearings have been held and the twenty (20) day waiting period has been satisfied . There was much discussion on the lift station fees and the impact fees and the amount of money the developers have put in for water lines in this area. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 45. 763 acres out of the Mose Sparks Survey. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor, Councilwoman Dodd - in favor , Councilman Westerhof - in favor , Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five in favor and one against the annexation. APPROVAL OF ANNEXATION ORDINANCE_FOR 117. 149 ACRES OUT OF THE _NATHANIEL ATTERBERRY SURVEY, COLLIN COUNTY ABSTRACT 6: This property is located in the tri -county area on south FM544. The required public hearings have been held and the twenty (20) day waiting period has been satisfied. Councilman Fulgham asked about sewer for this area. City Manager Gus Pappas said this is in the Cottonwood Lift Station District . The City has five (5) lift station districts. Motion was made by Councilman Fulgham to approve ' ' ' ' ��' and sign annexation ordinance for 1 . 149 acres out o+ the Nathaniel Atterberry Survey, Seconc by Mayor Pro Tem Spence- The vote was as follows: ! or Hughes - in favor , Mayor Pro Tem Spence - in favor, COL ilwoman Dodd - in favor , Councilman Westerhof - in fa , Councilman Fulgham - in favor , and Councilwoman Donovan - gainst. This motion carried with five (5) in favor and c ^ ( 1 ) ag&inst the annexation. PUBLIC- HEARING ON THE ZONING OF 117, 0 ACRES OUT OF THE NATHA�N [EL ATTERBERRY SURVEY, COLLIN }UNTY ABSTRACT_ 6: This property is located on South FM 544, Across from the Lake Ray Hubbard Mobile Home Park. The r quest for zoning is for SF3- 78. 5 acres and B-1 - 8 acres ar MF - 32. 2 acres. The Planning and Zoning Commission votec no recommend SF 3 - 78. 5 acres and B-1 - 15 acres and MF - 25. 2 acres, this increases the business area by putts 3 business on both sides of Spring Creek Parkway. Mayc Hughes opened the public hearing. Councilman Westerhc wanted to know the number of units in SF 3 and in MF. iere will be approximately 420 units in MF and ap 'oximately 235 units in Single Family. There being no other questions, the public hearing was closed. APPROVE AND SIGN ZONING ORDINANCE FC 117. 49 ACRES OUT OF THE NATHANIEL ATTERBERRY SURVEY, COL, _IN COUNTY ABSTFAC., A� This property is located on South FM 544, across from the Lake Ray Hubbard Mobile Home Park . he request for zoning is for SF3- 78. 5 acres and B-1 8 acr. s and MF - 32. 2 acres' The Planning and Zoning Commission r. commends SF3 -78. 5 acres and B-1 - 15 acres and MF - 25 2 acres. Motion was made by Mayor Pro Tem Spence to approve and sign zoning ordinance for 117. 49 acres out of the Nathaniel Atterberry Survey, Collin County Abstract 6 for SF3- 78. 5 acrea and B-1 - 15 acres and MF - 25. 2 acres. Seconded by Councilman Westerhof . The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilwoman Dodd - in favor , Councilman Westerhof - in favor , Councilman Fulgham - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor. ApPROVAL _DF ANNEXATION ORDINANCE FOR 9. 4 ACRES OUT OF THE CLIFTON SURVEy, ABSTRACT 193; THE J . HARDIN SURVEY, ABSTRACT 438, AND R. D. NEWMAN SURVEY, ABSTRACT 660, ALL OF COLLDN. COUNTY: This property is located on the corner of Hooper Road and Hensley Road. The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 9. 4 acres out of the I . Clifton Survey, J . Hardin Survey, and the R. D. Newman Survey. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor , Councilwoman Dodd - in favor, Councilman Westerhof - in - favor , Councilman Fulgham - in favc and Councilwoman Donovan - in favor . This motion c, zed with all in favor . PUBLIC HEARING ON THE ZONING FOR OF THE_I� CLIFTON SURVEY, ABSTACT 193, THE J ARDIN �URVE RACT Q8 AND R. D. NEWMAN SURVEY , ABSTF, _��{� ALL OF__CDLLI1N COlat,4T,L: This property is located - the corner of Hooper Road and Hensley Road. The reques / or zoning is for Single Family 1 , but staff believes it sh' d be zoned for Townhomes and Multifamily, as a tr , 1tion area. Mayor Hughes opened the public hearing, ` We being no questions or opposition, the public hearing . closed. APPROVE AND SIGN ZONING ORDINANCE -/ !_9. 4 ACREE [KI[_Of _T�K� I. CLIFTON SURVEY, ABSTRACT 193" J fAfO]IN SURVEY` ABSTRACT 438, AND R. D. NEWMAN SURVEY, ABE�F �T �60. A�L [�--C{D=L]]� COUNTY: This property is located the corner of Hooper Road and Hensley Road. The reques -or zoning is for Single Family 1 . Motion was made by Mayo pro Tem Spence to approve and sign zoning ordinance ` r 9. 4 acres for Single Family 1 zoning. Seconded by Coun, lman FulgNam. The vote was as follows: Mayor Hughes - in avor , Mayor Pro Tem Spence - in faovr , Councilwoman Do, - in favor , Councilman Westerhof - in favor , Councilman F' gham - in favor , and Councilwoman Donovan - in favor . is motion carried with all in favor . APROVE AND SIGN ANNEXATION ORDINAN; , _FDR 125 *CRES Ol�`-OF THE J ,_ MITHCELL SURVEY, COLLIN COU/ Ty` ABSTR?1T 5892 This property is located on McMillan an, McCreary Roads and is commonly known as Southfork Mobile Home Park. The required public hearings have been held and the 20 day waiting period has been satisfied . After some discussion, a motion was made by Councilwoman Dodd to table this annexation ordinance. Seconded by Councilwoman Donovan. The vote was as follows; Mayor Hughes - against , Mayor Fro Tem Spence - in favor, Councilwoman Dodd - in favor , Councilman Westerhof - in favor, Councilman Fulgham - against. and Councilwoman Donovan - in favor . This motion to table annexation ordinance carried with four (4) in favor and two (2) against. PUBLIC HEARING ON THE ZONING OF 125 ACRES OUT OF J . MITCHELL SURVEY, COLLIN COUNTY, ABSTRACT 589: This property is located on McMillan and McCreary Roads and is commonly known as Southfork Mobile Home Park . The request for zoning is Moible Home. Mayor Hughes opened the public hearing . Mr. David Stanchek , Attorney, represents Southfork Mobile Home Park, wanted to point out to the Council that the City of Wylie did sign a contract on July 23.. 1985 about the improvements to be made on property and water and sewer , and that the contract states the City will approve the annexatoin of this proeprty and grant mobile home zoning . ' ~/ .� �_'/ This will bring recourse to the City ` the Council decides not to up hold the contract . Mr . St= rhek stated that the owner of the mobile home park would t going to the cou'ts for repayment of damages for water a/ improvements mane per this contract . City Manager Gus Pappas said the actz n of the Counc, ! zs to tabel but the action staff suggest is to go ahead ant a^ne: and zone because of the contract. Mr . Fred Ouellette of Woodhollow St ' as not aware of the moratorium on mobile home parks, and as this after this park and the park on Vinson Road ' C, y Manager Gus Pappas said this was done with these two mot le home parks be3ng included within the city limits. Ci | Manager Gus Pappas said these parks were being built ev* if we did not Dnnex them into the City, by annexing them, the City does VAve control over the parks. Mr. Fred Ouellette of Woodhollow St . aid he as a citizen and homeowner has a concern about the owners of mobile homes not paying their fair share. The apc.-aisal district does depreciate the value on the mobile hones . Mr . Ouellette would like to see a flat rate on mobile home taxes so they will pay their fair share. Mr . Harold Holigan, owner of the Southfork Mobile Home Park, said he was going to build this park . he did not ask for annexation at first , nor did he ask for water ind sewer . Mr. Holigan had been granted a wastewater treatment plant permit from the State of Texas and did not need the CiAy of Wylie. The City called him and he did not call the City. At this point the contract was made and he went from 900 units to under 700 units in his proposed park. Mr . Holigan stated he has paid $500, 000. in impact fees, plus has put in the water line from Steel Road to Southfork Mobile Home Park . Mr. Holigan asked the Council if they were going to live up to their contract. There being no other questions, the public hearing was closed. APPROVE AND SIGN ZONING ORDINANCE FOR 125 ACRES OUT OF THE. J. MITCHELL SURVEY, COLLIN COUNTY ABSTRACT 589: This property is located on McMillan and McCreary Roads and is commonly known as Southfork Mobile Home Park. The request for zoning is for mobile home. Moton was made by Councilwoman Donovan to table the zoning of this 125 acres. Seconded by Councilwoman Dodd. The vote was as follows: Mayor Hughes - against , Mayor Pro Tem Spence - in favor , Councilwoman Dodd - in favor, Councilman Westerhof - in favor, Councilman Fulgham - against , and Councilwoman Donovan - in favor. This motion to table carried with four (4) in favor, and two (2) against. ' ' � �� TE APPROVAL OF_ANNEXATION ORDlNANCE FOR 173' 5 D, SHELBY SURVEY, COLLIN §OUNTY ABSTRACT 799: This is 611 federal land and is commonly known as Lake Annexation NL. 12. Councilman Fulgham asked for the reason for starting these annexation be stated. City Manager BuE Pappas said approximately one and one-half ( 1 1 ,2) years ago the Co'mcil became concerned about sub divisions around cje lake with no controls. After numerous examples of this Ccuncil moved forward with annexation procedures in order to have the basic format of having Eli areas and could to some controling of this area. This is for both protection to our citizens and the citizens close to our border ' Lake Lavon is an asset to the City of Wylie, no other city in the area is at or close to 5, 000 population nor do they have sub division ordinance. After this was established Council gave the staff instructions to begin annexation of the feoeral land and parks. The City has not annexed anv private property or incurred any roads/streets to the Citys care' The City does give police protection in the warks because Council felt these parks had been taken aww from the families. The City did accept the obligation of the parks with the understanding the City would be reimbursed some $30, 853. for this summer . With this money, Council ga°e authroization to add two (2) additional policemen to our force. Councilwoman Donovan wanted to know if we han one ( 1 ) 'ni1e responsiblity. City Manager Gus Pappas saiO there was no responsiblity but limited authority with this one mile, no private land has been annexed in or around the lake. Councilwoman Donovan asked what the total acreage of these lake annexation was. City Manager Gus Pappas said a tctal of 2, 179. 01 acres for those listed on this agenda. Councilman Fulgham said as he recalled the Corp. of Engineers had concern about police protecticn for their parks and lake. The Corp. welcomed the patrol and help in the park area. Councilman Fulgham also stated that the Dallas Crime Prevention has called and saw tnese peop] n we are running away from the lake with their parties, are going back to Dallas. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 173. 5 acres out of the O. Shelby Survey, Collin County, Abstract 799, Lake Annexation No. 12' Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor , Councilwoman Dodd - against, Councilman Westerhof - against , Councilman Fulgham - in favor , and Councilwoman Donovan - against . This motion has no decision due to a vote of three (3) in favor and three (3) against the annexstion. 117 APPROy{E_ A NNEXATQN ORDINK |CE FOR 23. ') ACRE 5_{}UT_ OF THE M. MILLJRON SURVEY, C{��-IN COL |TY ABSTRACT 56 T 4:� his � s all federal land and lake and is ! iown as Lake Annexation No. 13. Motion was made by Councz man Fulgham to approve and sign annexation ordinance for i3. 0 acres out of the M. Milliron Survey, Collin County Abs -ract 5w4. Seconded by Mayor Pro Tem Spence. The vote wa � as follows: Mavor Hughes - in favor , Mayor Pro Tem w ,ence - in favor , Councilwoman Dodd - against , Counc lman Westerhof - against , Councilman Fulgham - in favor , anc Councilwoman Donovan - against . This motion has no decis on due to a vote of three (3) in favor and three (3) against the annexation. AppRO\�� AND SIGN ANNEXATION fl**E FOR 44. 34 ACRES THE S. BARROW SURVEY, [%}LLlN C0KUN7/ ABSTRACT 49: This is all federal land and lake and is known as Lake Annexation No. 14. Motion was made by Counci ^ man Fulgham to approve and sign annexation ordinance for 14. 34 acres out of the S. Barrow Survey, Collin County Abstract No. 49. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor .- Councilwoman Dodd - against , Councilman Westerhof - against , Councilman Fulgham - in favor , and Councilwoman Donovan - against. This motion has no decision due to a vote of three (3) in favor and three (3) against the annexation. A9PROVE--AYgp; SIGN ANNEXATION_._ORDINANCE_FOR 446. 95 ACRES OUJI DF_'iHE_ M. BIRCH SURVEY . _[�OUNT�Y ABSTRAC7 115: This is all federal land and lake and is known as Lake Annexation No. 15. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 446. 95 acres out of the M' Birch Survey, Collin County Abstract 115. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor, Councilwoman Dodd - against , Councilman Westerhof - against, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion has no decision due to a vote of three (3) in favor, and three (3) against the annexation. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 179. 74 ACRES OUT DF THE WILLIAM JOHNSON COLLDN COUNTY ABSTRACT 476: This is all federal land and lake and is known as Lake Annexation No. 16' Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 179' 74 acres out of the Willliam Johnson Survey, Collin County Abstract 476. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor , Councilwoman Dodd - against, Councilman Westerhof - against , Councilman Fulgham - in favor , and Councilwoman Donovan - against . This motion has no decision due to a vote of three (3) in favor, and three (3) against the annexation. ' ' �r � qFPROVE AND SIGN ANNEXATION ORDINANCE. � 97. 65 ACRES QQ7 OF THE T. TOBY SURVEY, COLLIN COUNTY ABS. T 925: This is all federal land and lake and is known as e Annexation No. 17. Motion was made by Councilman Ful a to approve and sign annexation ordinance for 97. 65 at out of the T. Toby Survey, Collin County Abstract 925. 0 ided by Mayor Pro Tem Spence. The vote was as follows: /or Hughes - in favor , Mayor Pro Tem Spence - in favor zuncilwoman Dodd -- against , Councilman Westerhof - agains Councilman Fulgham - in favor, and Councilwoman Donovan - ainst. This motion has no decision due to a vote of three / in favor , and three (3) against the annexation. APPROVE AND SIGN ANNEXATION ORDINANCE 5 C 01 . 3B_ARES_ OUT OF THE ANGLIN DRURY SURVEY, COLLIN CO6-i _ABSTRACT_ I: This is all federal land and lake and is kn,� as Lake Annexation No. 18. Motion was made by Councilman gham to approve and sign annexation ordinance for 501 . 7 acres out of the Anglin Drury Survey, Collin County Abs! :t 3. Seconded by Mayor Pro Tem Spence. The vote was as ilows: Mayor Hughes - in favor, Mayor Pro Tem Spenco in favor , Councilwoman Dodd - against, Councilman esterhof - against , Councilman Fulgham - in favor, Councilw an Donovan -- against . This motion has no decision d to a vote of three (3) in favor and three (3) against the iexation. APPROVE AND SIGN ANNEXATION ORDINANCE F 705. 45 ACRES_1]UT OF THE A. RUSSELL SURVEY, COLLIN COUNTY SSTRACT 736. This is all federal land and lake and is kno as Lake Annexation No. 19. Motion was made by Councilman } . gham to approve and sign annexation ordinance for 705. 41 acres out of the A' Russell Survey, Collin County Abstract 1. Seconded by Mayor Pro Tem Spence. The vote was as llows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in f, or, Councilwoman Dodd - against, Councilman Westerhof - E ainst, Councilman Fulgham - in favor, and Councilwoman Don van - against. This motion has no decision due to a vot of three (3) ir� favor and three (3) against the annexati n. FINAL PUBLIC HEARING ON ANNEXATION OF 2� 1 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUN__v , ABSTRACT-NO. 68B� This property is located on East B own Street . Mayor- Hughes opened the public hearing, there ieing no questions or opposition, the public hearing was cl �sed. FINAL PUBLIC HEARING ON ANNEXATION OF _5. 0 ACRES OUT OF THE AB WILLIAM SACHSE SURVEY, COLLIN COUNTY STRACT 835: ThiR property is located on West FM 544 at Steel Road and FM544 . Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed' FINAL PUBLIC HEARING ON ANNEXATION OF_ 23. 49 ACRES OUT OF THE C. ATT{]RBURY SURVEY, COLLIN COUNTY ABSTRACT 22: This _ 7- property is locsted on the northeast cc r of FM3412 ant FM1378, and is componly known as the Cc ,n Gin propertv' Mayor Hughes opened the public hearing , .ere being no questions or opposition, the public hea� .g was closed . FINALpUBLIC HEARING ON THE ANNEXATIOS _�^ 0 ACRE5-{}UT_CKF THE_C,_gTRICKLAN[' SURVEy._COLLIN COUNTy_ �5TRA{3__841� This property is located on S. SH78 and is tK site of the Wyl1e Mobile Homes Sales. Mayor Hughes opener he public hearing., there being no questions or opposition , e public hearing was closed. FI�AL�� PUBLI�_HEARING ON THE ANNEXATION C 43. 36 — -S MCUiM|}RRY SURVEY COiLIN_1�]UNJ ABSTRACT-629'� TH{E -aA8M� - " - This property is located on the east sic of FM 1378 just north of the Birmingham Farms. Mayor Hu as opened the public hearing, there being no questions r opposition , the public hearing was closed. FINAL PUBLIC HEARING ON THE ANNEXATION _C 53~ 0 _ACRES_OUT_O� THE_ORPHA SHELBY SURVEY, ABSTRACT 799,_T_ LEROY SURVEY, ABSTRACT 334, THE JOSIAH_J . TURN M SURy{5'� AB CT 919, -'C4LLJN COUNTY: This property is lc ted east of Seis Lagos around Lake Lavon, and is commonly nwon as ''the Caruth" property. Mayor Hughes opened t public hearing. There were some questions as to sewer an water which City Manager Gus PappaE stated the water woul rome from Cresent Cove and the sewer would be pumped from ft station to the main sewer line in Cresent Cove. There ing no other questions, the pubiic hearing was closed FlNAL PUBLIC HEARING ON THE ANNEXATION O� 2. 09 AgRES,OUJ OF THE FRANCISCO DE LA PINA SURVEY, {%]LLIN � JNTY ABSTRACT �5{�- This property is located on E. SH78 at t/ entrance to Lake Lavon. Mayor Hughes opened the public he ring. Mr. Fred Ouelette of Woodhollow St. askec if this was the junk yard and would they have to comply k th our Junk yard ordinance. City Manager Gus Pappas said es, this was the junk yard and yes zhey would have to comp y with our- ordinance and they received a copy of it long with the annexation papers. There being no otner �uestions, the public hearing was closed. AppRDVAl- OF AMENDMENT TO ORDINANCE85-89, THE CDMPREHENSJl/E ZONING ORDINANCE OF THE CITY OF WYLIE: This item is placed before you at the recommendation of the Planning and Zoning Commission. The members of the Planning and Zoning Commission determined that retail plan nursery sales should be included in B-1 permitted uses by special use permit . I.,,- is their recommendation that the Council consider approval of this amendment that loses nothing for the City in terms of control but does allow greater flexability. If the plant nursery sales are given B-2 zoning and move, then the owner ' ' /�� can bring in some type of business that you would not like on the highway through Wylie without the Council ' s knowledge' Motion was made by Mayor Pro Tem Spence to approve the amendment to Ordinance 85-89. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor , Councilwoman Dodd - in favor, Councilman Westerhof - in favor , Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . PUBLIC HEARING ON THE RE-ZONING OF LOTS 1 & 2~ BLOCX_20 OF RAILROAD ADDITION: This property is located on SH78 formerly known as Billy Jack' s Auto Sales. The request for re-zoning is for B-2 which will allow a plant nursery with outside sales. Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed. APPROVE AND SIGN ZONING ORDINANCE FOR THE RE-ZONING OF LOTS 1_& 2 , BLOCK 20 OF RAILROAD ADDITION: This property is located on SH78 formerly known as Billy Jack' s Auto Sales. The request for re-zoning is for B-2 which will allow a plant nursery with outside sales. The Planning and Zoning Commission felt that a B2 zoning might open the property, at some time in the future, for a use that might not be what Council would like to see along the highway. Planning and Zoning and staff recommends B-1 with special use permit . Motion was made by Councilman Fulgham to approve and sign zoning ordinance for the re-zoning of lots 1 & 2, Block 20 of Railroad Addition from retail to B-1 with special use permit. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor , Councilwoman Dodd - in favor, Councilman Westerhof - in favor, Councilman Fulgham - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor ' CITIZEN PARTICIPATION: James Griffin wanted to know which lake annexation have been completed. City Manager Gus Pappas said the completed annexations are Lake Annexation No. 1 through 11 . Mrs. Jayne Chapman of 311 Woodhollow Court wanted to commend the past Council and City officials for what she considers a very painful job. Mrs. Chapman may not have approved of what they always did or of what this new Council will do. Mrs. Chapman said she has heard rumors about this Council and she would like for this Council to think and consider carefully every decision you are making. If you are in this position, how would you feel and want to be treated. Mr . David Stanchek stated the new Council was sworn in and stated they would up hold the State laws, yet against the attorney' s advise you would not amend the Mobile Home Park Ordinance' Mr. Stanchek said he had been forced to file law ' ` _ - / // suits. Mr . Larry Jackson, the City Attorney, has called me and is trying to talk settlement of these law suits' Tonight you had an annexation to approve for Southfork which has a contract and you tabled it . Therefore_ we have no alternative but to file another law suite against the Council Members and the City. Mr. Stanchek said he was at a loss of the why he has to go to court. Kent Crane of 603 Butler Court wanted to know where the funds come from to pay for these law suits. City Manager Gus Pappas said it was a nixture of items, legal fees for City will come from the City operating fund, legal fees for the Council will come from their own pockets' The law as stated, says if settlement is ordered from the Courts and it exceeds the funds we have, then the taxes are raised to pay for these fees. Mr. Fred Ouellette of Woodhollow St . said he is confused as a citizen about the contract with the City and Southfork Mobile Home Park . Mayor Hughes said the contract was for water/sewer if they annexed and done away with there treatment plant which the state has given them a permit for. City Manager Gus Pappas said teh law allows such a contract if Council so desires with developers outside the city limits. Mr . Ouellette wanted to know if the owners of Southfork knew about the Mobile Home Park Ordinance the City of Wylie has. City Manager Gus Pappas said yes, they did know and they agreed to uphold it. Mr . Rowland Kreymer of 302 N. Second commends the Council that was here in the past . They do not get any credit for what they do. Mr. Kreymer appreciates the fact that the City wants to try and do something with the lake. Wiley Sorrells of 210 Fourth St . said that he works for Farmers Electric Co-op and they had a line down at the lake Monday and while he was there he talked with one of the Corp of Engineer employees. They told him, since the Wylie Police had been patroling the parks there has been a lot less problems except for Collin Park. There have been wrecks and gang fights in Collin Park several weekends. Mr. Sorrells said he would like to see the Wylie Police keep patroling the parks. Mayor Hughes thanked the people for their participation and for coming to the meeting. ACCEPTANCE OF PUBLIC IMPROVEMENTS IN WYNDHAM II : The engineering staff has made their final inspection and there are several small items to be completed, one is to paint a fire hydrant, there is a test break on a section of concrete street to be done. Staff recommends approval of these public improvements after these items have been completed. Motion was made by Councilman Fulgham to approve and accept ' /�~ the public improvements in Wyndham II and grant authorization for the Mayor to sign the final plat after all the items have been corrected. Seconded by Councilman Westerhof .. The vote wasas follows: Mayor Hughes - f 1 1 to M n' u r- H t_ tlin favor_, Mayor Pro Tern Spence - abas.ta.l ned, Councilwoman Dodd - in favor , Councilman Westerhof - in favor , Councilman Ful gham - in favor, and Councilwoman Donovan - in favor . This motion carried with five (5) in favor'- , and one abstention. ACCEPTANCE OF TEMPORARY UTILITY EASEMENT IN QUAIL HOLLOW SUBDIVISION: At the City' s request, a temporary easement along the western border of the Quail Hollow III F, IV tract from Murry Properties Inc„ was granted. This easement was necessary in order to lay the final section of force main from Rush Creek: I Lift citation. It is our estimation as well as the devel oners that when the plat is filed there is little question that a permanent alley will have to be platted in this location. Motion was made b,. Mayor Pro Tem Spence to accept the temporary utility easement in Quail Hollow Subdivision. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes. - in favor, Mayor Pro Tem Spence - in favor , Councilwoman Dodd - in favor, Councilman WesterhClf - in favor, Councilman rt_tlytla!Tt - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. ACCEPTANCE OF ROAI. EASEMENT AT FM 544 AND HiOOPER ROAD: This easement has been granted to the City for use i nthe wi deni n of FM544. y4 at a future date. Motion _ti _n 4 a_ made by Councilman Fuglh!.am to accept the road easement at FM 544 and Hooper Road. Seconded by Mayor Pro Tem Spence. The vote was a!_ follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor , Councilwoman Dodd - in favor, Councilman West_erhof - in favor, Councilman Ft tl gham - in favor , and Councilwoman Donovan - in favor. This motion carried with all in favor. AUTHORIZATION FOR WESTSIDE FORCE MAIN: The staff has been + thelast several monthst 1 find a solution for working �:r _-- .. .._ intermediate f- s�service to apply in hove the need f Jr sewer __�-t *d'i -_. those circumstances where the lift station district concept requires some form of stop-gap measure. The staff ' s short range method has been by tankage and by the use of the City' :_ vacuum trailer. This method has worked for some of the areas in town but the problem remains on how to handle an intermediate size need such as the rapidly growing Si tuati on of a mobile home park or devel opement such as the Pointe West le {_. cj_nt which t s far removed from any sewer service at all . The solution was to find some method of installing a high quality, compact and reusable pump system which was available as a package coupled with piping that could be laid shallow quickley and efficiently and later pulled up and reused in another location where a similar lr.: problem occurred. The staff comes to you requesting permission to allow the Southfork Mobile Home Park people to install this force main, tying their property to the existing sanitary sewer . The Southfork people will do this in lieu of part of their payments that would be normally due the City from the Lift Station District fees and thereb, solving the problem quickly and at no aditional expense to the City. It snould be noted that the City has already received from Southfork, $175, 000. in Lift Station fees and this will cost approximately $75, 000 to install and purchase materials. You should also know that this does not release Southfork from installing the permanent gravit sewer line according to our specifications as soon as we can go throught the condemnation process and acquire the easements necessary for them to begin construction on that line. Motion was made by Councilman Fulgham to approve the westside force main line. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor, Councilwoman Dodd - in favor, Councilman Westerhof - in favor , Councilman Fulgham - in favor, and Councilwoman Dononvan - in favor. This motion carried with all in favor. COUNCIL DISCUSSION: Councilman Fulgham stated that the new Council has not had a chance for a persentation on the street program and ask City Manager Gus Pappas to go over this program with them. City Manager Gus Pappas said the Ctiy of Wylie began a three phase program of which a portion has been done by Ordinance. The Ordinance stated the City will repair their streets, for the cost of the materials. The past Council authorized the purchase of some equipment in order for this program to begin. The second phase was to close the door on any streets in new subdivisions being of any material except concrete, this means no asphalt streets in new subdivisions. The third phase was existing asphalt streets, we have some 27 miles of asphalt streets within the city limits. As the City grows, it will acquire more asphalt streets. The City has just recently gone through a reconstruction program with a contractor for Memorial and Mardi Gras Streets which proved to be very costly. Some of the staff members were aware of a machine that would do a good base for these asphalt streets. The problem with the City' s asphalt streets is the base not the toping. The program is designed to minimize cost. The Council votes on another ordinance which set a cost per square feet for these streets to be done by City employees. Councilman Fulgham also asked City Manager Gus Pappas to give an overview of the Impact Fees since the Wylie News and the candidates have used this against the Ctiy. City Manager Gus Pappas stated that the impact fee was set up to help the citizens of Wylie. If the builders pay for the impact on the water and sewer system through this impact / fee, then the citizens do not have to. If there was no impact fee, then there would be bond issues and higher water and sewer rates to cover the cost of providing for the growth of the City. Councilman Fulgham said the reason council did this was to keep from raising costs to the citizens for improvements that only new citizens would benefit from. Councilman Westerhof asked about the drainage on the west side of Stone Road. City Manager Gus Pappas said it could be corrected, but there is a lot of expense involved . This property has been looked at by every Council in Wylie and has been discussed around the table a number of time. It all goes back to the cost involved. City Manager Gus Pappas would like to have a work shop with the Council and discuss what is going on and what their goals and ideals for the City are. Since the new Council , noe of you have come in to see me or talked with me about your goals or ideals. Mr. Pappas said he would welcome the time and opportunity to work with the Council in a work session. Mayor Hughes said he had tried to have a work session, but the date was apparently not a good one. PRESENTATION BY FORMER MAYOR JOHN W. AKIN: Mayor Akin said he has requested to speak to the Council in regards to the new City Hall Complex . He felt he was speaking for the building committee and for the past Council members Percy Simmons and Randall Gaston and for Planning and Zoning Commission and the Park Board. All the former council members and myself thought we had crossed all the roads and was at the end of the road and the new city hall was in the making. Mayor Akin said he was in hopes of dedicating this building in the centennial year of the City of Wylie. The buidling committee decided to give a turn key bid to Speed Fab-Crete but the attorney said this was not on the original bid and we would need to re-bid several items. It has been an embarrassment to the City for people to see our City Hall . Citizens couldn' t get into the Council Chambers for our meetings. Mayor Akin said he tried to keep the city hall in the downtown area, but he could not do this. The Crawfords have given us seven (7) acres which is worth about $500, 000. Mayor Akin feels like there will be a school in this area, and he is asking for this present Council to move forward with the plans for the new City Hall Complex on this seven (7) acres. , ' ' '~~ Mayor Akin thanked the Council for this time and for listening to him. AUTHORIZATION TO GO OUT FOR BIDS FOR SITE AND SOIL PREPARATION, JAIL _gLQUIPMENT AND PAYING FOR MUNICIPAL COMPLEX : This item was tabled at the last meeting. The attorney has advised that it is necessary that the parking lot and jail equipemnt go through the formal bzd process. Motion was made by Councilman Fulgham to grant authorization to go out for bids for site and soil preparation, jail equipment and paving for Municipal Complex . Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor , Councilwoman Dodd - against, Councilman Westerhof - against , Councilman Fulgham -in favor, and Councilwoman Donovan - against . This motion has no decision due to three (3) in favor and three (3) against. Mayor John Akin come forward and stated that the past City Council , Planning and Zoning Commission and the Park Board and 600 citizens endorsed this new complex . Are we for the citizens or private people. We just asked for two more law suites. This whole thing disgust me. Councilman Westerhof said the majority here is in favor of the complex . Everyone that has contacted him does not want the complex put in the location of Highway 78. Councilman Westerhof said he keeps saying no because people have mentioned the dislike of the location to him- Most of the people want this on a ballot . Councilman Westerhof wants to see this on a ballot. Mayor Hughes said when we first started this there were more people for it than against. The place that has been given to us is an ideal place with all the thoroughfares that are going through. Councilwoman Donovan said she is in agreement with Councilman Westerhof . That on knocking on doors the people did not want the City Hall , she got her questions and ads for the paper from the people. The people do not want the location nor do they want new facilities. Councilman Fulgham said he has talked to several hundred people in favor of a new complex and location and only five or six say that they do not want the new complex . Baron Cook said he was involved with the Crawfords and they contracted out for a survey to have the City complex put on this land on the Highway. This survey showed the people were in favor of this, and he has the results if any of the Council would like to see them. Mr. Cook said it seems like these people would have come forward at some of these meetings. They did not show up. ' - _- /'� Councilwoman Donovan said the citizens thought this was iron clad and could not be stopped. Mayor Hughes said he flet the majority of the people are for this new City Hall . If the Council kills this they are looking for two more law suits. Councilman Westerhof said he would personally like to see this on an election, and if the majority of the votes come in for this then we go ahead. Mayor Hughes called for a recess for the public and for Council to convene into executive session under the authority of Article 6252-17 of V. A. C. S. section 2, paragraph "g" personnel matters. Mayor Hughes reconvened the meeting back into open session, stating that there was no decision to be made from the executive session. Mayor Hughes said he was elected to serve the citizens of Wylie but because of this new Council , he must resign as your Mayor. Councilman Fulgham also resigned for the same reason. Meeting was adjourned. ------------ Don Hughes, Mayor ATTEST: ___ _ Carolyn Jones, City Secretary ' ' CALLED CITY COUNCIL MEETING - MINUTES APRIL 29, 1986 7:00 P. M. The Wylie City Council met in a called session on Tuesday, April 29, 1986 at 7: 00 P. M. in the community Center of Wylie. A quurusi! was pr esent and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Don Hughes, Mayor Pro Tem Harold Spence, Council Members Sandra Donovan , Lowell Brewster , Joe Fulgham, Calvin Westerhof , City Manager Gus Fappas, City Secretary Carolyn Jones, Director of Public Works Bill Windham, Finance Director James Johnson, Code Enforcement Officer i cer RoyFai res, Shockley, v, f Librarian Beverly �F-loCt::lcv representative from First Southwest, Scott Dorsey and Patty Griffith from the Wylie News, Pam Troboy from the Dallas Time Hearid and many other citizens. Mayor Hughes called the meeting to order and Councilman Westerhof gave the invocation. Mayor Hughes recognized Mrs. Dean Holmes f roi. Southfork Mobile Home Park. Mrs. Holmes presented to the Mayor petitions on behalf of City Manager Gus Pappas and the Municipal Complex . Mayor Hughes thanked Mr_. Holmes. APPROVAL OF PROCLAMATION NAMING SESD U I CEN T Er I AL DAY AT WYLIE MIDDLE SCHOOL ON MAY 17, 1986: This item is placed before you at the request of Mrs. Lydia Greer of the Wylie Middle School PTA. They are sponsoring a Sesquicentennial celebration on May 17, 1986 and have asked the Council to proclaim this as Sesquicentennial Day at the Wylie Middle School . Motion was made by. Mayor Pro Tem Spence to approve and sign the proclamation for Sesquicentennial Day at Wylie Middle School on May 17, 1986. Seconded by Council woman Donovan. The vote was as follows: Mayor HLto`t=•s - in favor , Mayor Pro Tem Spence - in favor, Councilman esterhof - in favor, Councilman Brewster - in favor, Councilman Ful gham - in favor, and Councilwoman Donovan - in favor. i This mo tion n is r- o carried with all in favor. ACCEPTANCE OF RESIGNATION OF COUNCILWOMAN GE LINE DODD: Mrs. Dodd has submitted a written letter of resignation to the City Secretary on April. 23 1986. Motion was made by Mayor Pro Tem Spence to accept the resignation of Councilwoman `el i ne Dodd. Seconded by Councilwoman Donovan. The vote was as. follows: Mayor Hughes - in favor, Mayor Pro Tem Spence -•- in favor, Councilman Westerhof - in favor , Councilman Brewster - in favor , Councilman F_,.1 gham - in favor , and Council woman Donovan - in favor. This motion carried with all in favor. ACCEPTANCE OF RESIGNATION OF COUNCILMAN DR. JOE FULGHAM: A letter rescinding his oral resignation has been received in the City Secretary` s of+ice. The City' s legal counsel , Larry Jackson, has advised that this letter makes Dr . Fulgham an authorized member of the City Council duly elected by citizens. Mr. Larry Jackson said there was no more action to be taken on this item. ACCEPTANCE OF RESIGNATION OF MAYOR DON HUGHES: Mayor Hughes has also sent a letter to the City Secretary rescinding his oral resignation. Mr. Larry Jackson said there was no more action to be taken on this item' CALL FOR SPECIAL ELECTION TO FILL VACANCIES ON THE CITY COUNCIL, AS PROVIDED BY THE CITY CHARTER: This item is placed before you in compliance with the City' s Home Rule Charter. The charter states that you may not appoint more than once in a twelve month period. Motion was made by Councilman Fulgham to call a special election for filling the vacancy on the Council . Seconded by Councilman Brewster. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AUTHORIZATION FOR REFERENDUM ON CURRENT MUNICIPAL COMPLEX PROPOSAL ON SH 78 FOR $l , 800, 000. : This item was placed on the agenda by a councilmember ' s request at the last meeting. The issue would be whether to approve or not approve the site, plan and monies represented by the current plan. Mayor Hughes said that staff as well as past councils have looked at other locations and other facilities, and that each household received a questionnaire on the new complex . The response to this questionnaire was in favor of a 2. 5 million dollar facility. This questionnaire stated that it would be a lease purchase with no tax increase. James Johnson, Finance Director gave an overview of the time and discussions on the financing of the new complex . After discussions, Council decided that there would be a great expense for an election and therefore turn the financing over to him, to find the best interest rate for leasing purchasing. In March Mr. Johnson stated he had a meeting with the representatives from First Southwest Investments Company and the City Attorney. There was a problem with the way the deed read to the land that was given to the City, but this has been worked out and these people are in agreement with the lease purchase if the Council do desires. Mayor Hughes asked Mr. Johnson if the State of Texas was using lease purchase. Mr. Johnson said yes, for a prison facility. City Manager Gus Pappas said lease purchase has been used a number of years for equipment. � _ Mayor Hughes asked Mr . Johnson why did Cities co with lease purchase. Mr. Johnson said because it was not a legal long term debt. Each year the Council reviewed the lease purchase agreement and had the choice of renewing no it or denyi ng i t . There is a clause in the lease purchase that states you can get out of the agreement at the end of year . Mr . Johnson said Certificates of Obligation'_ are the - finance a building, but you areobligated o+ easiest`_�1.e S t way'y' o+_+ finance you <_+L! 7. _I".".--�--- for r_ twenty Ir✓ y (2 'i years. Councilwoman Donovan wanted to know if there had to be an election for Certificates of Obligation. Mr . Johnson said no, he has never seen a vote of the people for C, u. , election only for General Obligation Bonds. Councilman Westerhof wanted to know if bonds were at a low interest rate today. Mr. Johnson said bonds were at. 7. 5% and lease purchase was at . . 68%. After much discussion with the representatives from First Southwest investments and the Council over which was the best way to go, lease purchase or certificates of obligation, it was decided to go out for a bond issue rather than lease purchase. There was also discussion on the size of the Jail and the equipment for the jail . Mr. Johnson said the state requires re certain type of equipment and standards +or all jails. �.. #_r 4 t_t rI c i 4`J c�i i 1 a n t 1 i:.+rt i_�`r.�.ri said that thirteen ( i.=) cells w�._> +_ many for the City of Wylie. City Manager Gus. Pappas said b+', the time it is built, we will need it, there are 3, cells for women, 2 cells for iuveniles, and 8 cells for men. City Manager Gus Pappas. said that Council needs to be aware i._ the has ] 11 '" t the t_i lF=' staff hci�> already ask 'tc+r one extension on land for the complex: , but staff will be ask for another extension if the Council so desires. Motion was made by Councilman Westerhof to have a general obligation bond election to, seek yes or no to continue with City Hall for the current value of the bid, and the current 8 andthat been location on �,HB a,1t✓ with plans have drawn up. Seconded by Councilwoman Donovan. The vote was as follows Mayor Hughes - against, Mayor Pro Tom Spence - in favor , Councilman Westerhof - in favor, Council man Brewster - in favor , Councilman F=ul gham - against, and Councilwoman Donovan - in favor- , Mayor Hughes stated the reason he votedagainst. this is because we have already asked the citizens for" their opinion on two separate occasions and we had a. good response in favor of the new complex . This motion carried with four (4) _, in favor and two ice? against . ApPROVAL OF AMENDMENT TO ORDINANCE B3-18, THE MOBILE HOME DRDINANCE OF THE CITY OF WYLIE: This item has been placed on the agenda again at the request of one of the council members. The amendment specifically deletes the not more than four (4) model years old mobile homes provision from the ordinance. The Council can, if they so desire, add the provision of HUD approved construction. Motion was made by Councilwoman Donovan to approve amendment to Mobile Home Ordinance deleting the not more than four (4) model years and adding the HUD approved construction. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor , Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . APPROVE AND SIGN ANNEXATION ORDINANCE -OR 125 ACRES OlI[_{IF THE J . MITHCELL SURVEY, COLLIN COUNTY ABSTRACT 589: This property is located on McMillan and McCreary Roads and is commonly known as Southfork Mobile Home Park' The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 125 acres out of the J. Mitchell Survey, Collin County Abstract 589. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVE AND SIGN ZONING ORDINANCE FOR 125 ACRES OUT OF THE J. MITCHELL SURVEY, COLLIN COUNTY ABSTRACT 589: This property is located on McMillan and McCreary Roads and is commonly known as Southfork Mobile Home Park. The zoning request for this property is mobile home and the public hearings have been held. Motion was made by Councilman Fulgham to approve and sign zoning ordinance for 125 acres out of the J. Mitchell Survey, Collin County Abstract 589 to be zoned for Mobile Home Park. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor , Councilman Brewster - in favor , Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 173' 5 ACRES OUT OF THE O. SHE-BY SURVEY, COLLIN COUNTY ABSTRACT 799: This property is all federal land and is known as Lake Annexation No. 12. The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 173. 5 acres out of the O. Shelby Survey, Collin County Abstract 799. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, ^ - w / ��` Mayor Pro Tam Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor , Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one ( 1 ) against . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 23. 0 ACRES OUT OF THE M. MILLIRON SURVEY, COLLIN COUNTY ABSTRACT 564:_ This property is all federal land and is known as Lake Annexation No. 13. The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 23. 0 acres out of the M. Milliron Survey, Collin County Abstract 564. Seconded by Mayor Pro Tam Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tam Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one ( 1 ) against . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 44. 34 ACRES 011T`{}F THE S. BARROW SURVEY, COLLIN COUNTY ABSTRACT 49: This property is all federal land and is known as Lake Annexation No. 14. The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Mayor Pro Tam Spence to approve and sign annexation ordinance for 44. 34 acres out of the S. Barrow Survey, Collin County Abstract 49. Seconded by Councilman Brewster . The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tam Spence - in favor , Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against . This motion carried with five (5) in favor , and one ( 1 ) against. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 446. 95 ACRES OUT OF THE M. BIRCH SURVEY, COLLIN COUNTY ABSTRACT 115: This property is all federal land and is known as Lake Annexation No. 15. The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 446. 95 acres out of the M. Birch Survey, Collin County Abstract 115' Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tam Spence - in favor, Councilman Westerhof - in favor , Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one ( 1 ) against . APPROVE _AND SIGN ANNEXATION ORDINANCE FOR 179. 74 ACRES OUT OF THE WILLIAM JOHNSON SURVEY, COLLIN COUNTY ABSTRACT 476. This property is all federal land and is known as Lake Annexation No. 16. The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Mayor Pro Tam Spence to approve and sign annexation ordinance for 179. 74 acres out of the William . ' , � � Johnson Survey, Collin County Abstract 476. Eeconded by Councilman Fulgham. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against . This motion carried with five (5) in favor and one ( 1 ) against. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 97. 65 ACRES OUT OF TfE,'T,_TOBY SURVEY, COLLIN COUNTY ABSTRACT 915: This property is all federal land and is known as Lake Annexation No. 17. The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 97. 65 acres out of the T. Toby Survey, Collin County Abstract 915. Seconded by Mayor pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one ( 1 ) against . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 501 . 38 ACRES OUT OF THE ANGLIN DRURY SURVEY, ABSTRACT 3: This property is all federal land and is known as Lake Annexation No. 18. The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Brewster to approve and sign annexation ordinance for 501 . 38 acres out of the Anglin Drury Survey, Abstract 3. Seconded by Councilman Fulgham. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor , Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one ( 1 ) against. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 705. 45 ACRES OUT OF THE_A. RUSSELL SURVEY, ABSTRACT 736 AND THE J. KING SURVEY, ABSTRACT 508. COLLIN COUNTY: This property is all federal land and is known as Lake Annexation No. 19. The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 705. 45 acres out of the A. Russell Survey, Abstract 736 and the J . King Survey, ABstract 508, Collin County. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor , Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one ( 1 ) against. APPROVAL-OF ORDINANCE PROHIBITING PUBLIC DISCUSSION OF ANY. ITEM FOLLOWING A VOTE OF THE COUNCIL: This item has been - placed before you at the request of a council member . Councilwoman Donovan said the reason for this ordinance is because the last meeting got out of hand . Councilwoman Donovan said that once an item has been voted on, council should move on to the next item. Councilwoman Donovan made a motion to approve the ordinance prohibiting public discussion of any item following a vote of the Council . Councilman Fulgham questions the ethics and legality of denying the public to speak at a public meeting. Councilwoman Donovan said she was the one who put citizen participation back on the agenda but wants them to speak at that time and not after a vote. City Attorney Larry Jackson said he could not approve this ordinance in this form. It would not be his suggest to have a penalty clause for comments after a vote. The Council can adopt procedures to follow. Councilwoman Donovan rescinded her motion to approve the ordinance. This item dies on the table since there was no other motion or second. CITIZEN PARTICIPATION: Mr. Stanley Moussa complimented all the Council , you have a very hard job to do and you can not please every one. The people have elected you to keep the City united. John Morgan of 410 Woodhollow said he attended the meeting last night which was of the citizens of Wylie. This meeting addressed the grievances about the City Manager. Mr . Morgan said he was on the Park Board and WSA and it has been a pleasure and privilege to work with Gus Pappas. He is a professional . These grievances are very petty. Mr. Bob Thurman of McCreary Road would like to speak about the sewer problem. I have called Mr. Pappas' s office and within ten ( 10) minutes someone has been there to take care of the problem. Mr. Ray Mullins said the intent of the Council is to mandate what the citizens want. It takes participation from the citizens. It only works correctly when the citizens participate. Do not let this be the last meeting the citizens are seen at. Mr. John Seeley of Valentine Street, said he works for developers, and would like to thank Mr . Pappas. Yes, Mr. Pappas is hard on developers, but as a citizens of Wylie, he would like to thank Mr. Pappas for that . Mr. Seeley would like to see the City keep Mr. Pappas. ' ' ' *��, Mrs. Dean Holmes of Southfork Mobile Home Park brought in a petition in favor of Mr . Gus Pappas and in favor the the new municipal complex . These petitions have over 200 signatures on them. Mr . Ray Mullins said several people have come forth to speak about our City Manager. Those who do not want him are not hear because they do not want to hear the facts. Mr. Randall Gaston of Stoneybrook, said the charges against Mr. Pappas are vague and ridiculous. Mr. Gaston said his association with Mr. Pappas is pleasurable and informative. Give Mr . Pappas a chance, the Council will be making a mistake to give away the greatest asset the City has. Mr . Kent Crane questions item no. 20 and 21 on the agenda. Item no. 20 invited engineers to give a presentation about their firm in regards to the sewer treatment plant . Item no. 21 gives this treatment plant to North Texas Municipal Water District. This does not seem fair , it looks as though the Council has already made up their minds to give everything to North Texas Municipal Water District. City Manager Gus Pappas thanked the citizens who were there and for the ones who spoke on his behalf . pRESENTATIONS BY REPRESENTATIVES OF CONSULTING ENGINEER]]N,1-i FIRMS: The three firms, CH2M Hill , Brown & Caldwell and Riewe & Wischmeyer , were those selected as finalists to be considered as consultants for the design and constructions of the proposed sewage treatment plant for the City. Council has voiced their opinion of needing to hear North Texas Municipal Water Districts presentation, we ask these three firms to except our apology and come back again for the presentations. Councilman Westerhof requested these three firms be set up on a date along with North Texas Municipal Water District . Motion was made by Councilman Westerhof to set up a special workshop with the three firms and North Texas Municipal Water to hear their presentations. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor , Councilman Brewster - in favor, Councilman Fulgham - in favor , and Councilwoman Donovan - in favor. This motion carried with all in favor. City Manager Gus Pappas said the meeting would be Tuesday, May 6, 1986 at 7: 00 P. M. , all the engineering firms said they could be there and he will contact North Texas Municipal Water District . COUNCIL DISCUSSION: None. ' ' - - ' ` AUTHORIZATION TO GO OUT FOR BIDS FOR JAIL EQUIPMENT, PAVING AND PARKING LOTS FOR THE PROPOSED MUNICIPAL COMPLEX: This item is placed before you for your action. If we have the bond election, and wait until that time to go out for bids, it will be October before we can have the bids back. Motion was made by Councilman Brewster to grant authority to go out for bids for Jail equipment, paving and parking lots, site preparation. Seconded by Councilman Fulgham. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor , Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. Mayor Hughes recessed the regular meeting and called Council into executive session under the authority of Article 6252- 17 of V. A. C. S. Section 2, paragraph "g" personnel matters' Mayor Hughes reconvened the meeting into open session. TERMINATION OF CITY MANAGERL Councilman Westerhof said the Council had just come from a very informative meeting. It is the mutual feeling of this group to have a review of the City Manager in ninety (90) days. Motion was made by Councilman Westerhof to have a performance review in ninety (90) days with the City Manager Gus Pappas. We are to have work sessions and work together for the City. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor , Councilman Brewster - in favor, Councilman Fulgham - in favor , and Councilwoman Donovan - in favor. This motion carried with all in favor. APPOINTMENT OF ACTING CITY MANAGER: Motion was made by Mayor Pro Tem Spence to table this item. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor , Councilman Fulgham - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor . Motion was made to adjourn. ------------------- Don Hughes, Mayor ATTEST: _____ _______ Carolyn Jones, City Secretary - -_' ' �~�- CALLED CITY COUNCIL MEETING - MINUTES MAY 6, 1906 7:00 P. M. The Wylie City Council met in a called session on Tuesday, May 6, 1986 at 7: 00 P. M. in the Community Center of Wylie. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Don Hughes Mayor Pro Tem Harold Spence, Council Members Sandra Donovan, Lowell Brewster , Joe Fulgham, City Manager Gus Pappas, City Secretary Carolyn Jones, Director of Public Works Bill Windham, Director of Finance James Johnson, I . W. Santry and Ron Homeyer of the Engineering Department , Scott Dorsey and Patty Griffith from the Wylie News, and other citizens. Councilman Westerhof arrived late. Mayor Hughes called the meeting to order and Councilman Fulgham gave the invocation. CALL FOR ELECTION FOR MUNICIPAL COMPLEX FOR SATURDAy.4--JUNE 28, 1986a The financial advisors, First Southwest Investments, has advised the staff of two possible date, June 21 and June ZB. The staff recommends to the Council June 28th date due to the past experience in obtaining the election materials. Motion was made by Mayor Pro Tem Spence to call for a bons election for municipal complex for June 28, 1986. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried wizh all in favor. Mayor Hughes asked Councilman Fulgham and Mayor Pro Tem Spence to serve on a committee to promote the bond election for the municipal complex . Mayor Hughes also asked the Council to sign e letter for the paper showing the support of the new complex . AUTHORIZATION TO BRANT PERMIT FOR FIREWORKS DISPLAY TO WYLIE MIDDLE SCHOOL PTA FOR THE SESQUICENTENNIAL DAY CELEBRATION ON MAY 17, 1986: The Wylie Middle School PTA is sponsoring a Sesquicentennial Celebration in the City on May 17, 1986 and has asked the City for a fireworks permit. The only problem staff has with this is the liability insurance to cover this event. Mrs. Lydia Greer stated that she has found a source for obtaining the insurance and that someone has donated the money for such insurance. Motion was made by Councilman Fulgham to approve fireworks permit. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, ' ' - ' Councilman Westerhc+ - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor . AWARD OF BID FOR METERING DEVICES FOR NORTEX TANK SITE: These metering devices were bid because of the requirements of North Texas Municipal Water District. These devices are necessary for NTMWD to monitor the tank site by radio. The Public Works Director and the City Engineer have reviewed the bids and recommend the following be awarded: BIF Universal Venturi Tube, Model 181-10a $3, 416. BIF Flow Transmitter Model 251-21 $2, 746. BIF Flow and level Receiver/Indicator Model 259-22 $4, 198. BIF Flow and level Receiver Model 257-54 $4, 042. BIF Flow Rate Controller Model 601-6E $8, 461 . Be awarded to Hastik and Associates, Inc. Grand Prairie, and Butterfly Value and Electric Operator $2, 499. Be awarded to Atlas Engineering, Richardson, and QLI Control and Telemetering equipment power supply $2, 177. QEI Line Protection Assembly equipment $ 154. QEI Transmitters and receivers $2, 331 . Be awarded to Dave Allert & Co. of Dallas. The sum total of the three recommended bids is $32, 516. Motion was made by Councilman Fulgham to award bids as per above staff renum,'n. /dations. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. PRESENTATION BY NORTH TEXAS MUNICIPAL WATER DISTRICT RELATIVE TO PROPOSED WASTEWATER TREATMENT PLANT: The representatives from North Texas Municipal Water District could not be here to make a presentation to the Council tonight . They have requested another time. Motion was made by Councilman Fulgham to table this item until a later date. Seconded by Mayor Pro Tem Spence. The vote was as follows: ` ^� � Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor , Councilman Westerhof - in favor , Councilman Brewster - in favor , Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor to table. PRESENTATIONS BY ENGI MS R E G A R D I 1--AG QESI6N/CONSTRUCTION OF PROPOSED WASTEWATER TREATMENT_pLANT:. These three firms were chosen from a group Of approximately 15-17 that responded to an invitation to make a proposal to the City for the proposed wastewater treatment plant. The three you will hear tonight are: CH2M Hill , Brown & Caldwell , Riewe & Wischmeyer. Each firm made a presentation to the Council with only a few questions asked of them. Copies of their presentation will be in the files at City Hall in the City Secretary' s office if anyone wishes to see them. Mayor Hughes adjourned the regular meeting and called the Council into a work session. City Manager Gus Pappas gave the Council a hand out with pros and cons of the City of Wylie gaining control of their wastewater treatment plant or giving it to NTMWD. Mr. Pappas asked the Council to study this and write any questions they may have on the bottom of the sheet in order that they might discuss them at the next meeting. Mayor Hughes said that Mr . Forrest John has called him and wants to meet with the Council after all engineering presentations and the presentation from NTMWD has been heard. Mayor Hughes said he will try to set this meeting up with Mr. John on the May 27th meeting. Mayor from Princeton wants to meet with Council and discuss boundary lines between the two cities. Also Mayor Hughes reported that a Councilwoman from Sachse has called and would like to meet with Council and make a boundary agreement between Wylie and Sachse. Mayor Hughes said he would set up these meetings and let the Council know when they would be held. Motion was made to adjourn by Mayor Pro Tem Spence. All were in favor. Don Hughes, Mayor ATTEST- Carolyn _________ Carolyn Jones, City Secretary /- _^7^ MINUTES PLANNING 4: ZONING COMMISION ..i HLJRSDAY , MAY i. , 1'996 The Planning and Zoning Commission for the City of Wylie , Texas met in regular session on May 1 , 198o in the Wylie Community Center. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were: Chairman Kent Crane, Lhai r,T;en Brian Chaney , Ken Mauk , Ben Scholz , Bill Vice-Chairman Chapman and Fred Ouellette. Representing the city state was Gus H. Pappas, City Manager ; Roy , aires , Code and Amanda n Maples, Secretary. grit t_�r"cerner;t Officer: nv Hiii_t da r'lapi e= , the meeting was called to order at .. .. . : :. by Chairman Kent crane. ITEM NO. 1 - APPROVAL OF MINUTES - Ben Scholz ased that the spelling of the word ownes be corrected to owns in item 2 of the previous minutes. With that correction Ben Scholz made the motion to accept the minutes. Vice-Chairman Brian Chaney seconded the motion. Motion carried -C'. ITEM ....NO. 2 - PUBLIC HEARING ON ZONING OF 2. 71 ACRES ON E. BROWN_ST.- - This property is described as ;_. :%I acres out o.r the Francisco de la Dina ;=.survey , Collin County Abstract ads and is located on E. Brown St . east of Oaks Subdivision. It is made up of three tracts and the zoning i .s initiated by the City. The City is requesting SF2 zoning in order to be compatable with the land use plan. Chairman Kent Crane opened the public hearing. There being no questions or opposition , the public hearing was closed and brought before the board for discussion. Vice--Chairman Brian Chaney made a motion to accept the zoning as requested. Bill Chapman seconded the motion. Motion carried 6--0. ITEM NO. 3. - PUBLIC HEARING ON THE ZONING OF 5 ACRES ON FM544 This property i s described as..._ 5 acres out of the Wm. Sachse Survey , Collin County Abstract 835 and is located on the southwest corner or FM544 and Steel Rd. the City is initiating this zoning of i2 to be compatable with the land use plan and the surrounding uses. Chairman Kent Crane opened the public hearing. ;here being no questions or- opposition , the public rearir-,d was closed and brought before the board for discussion. Bill Chapman made a motion to accept the zoning as requested. Ken Maui:: seconded the motion. Motion carried 6-0. ITEM NO. 4 - PUBLIC HEARING ON ZONING OF 23 ACRES ON FM1378 AND FM3412 - l-hi :=- property ie described as 21. 4'_- acres out of the c. Atterbur..y Sur - ey , Collin County Abstract 22 and is located on the northeast corner of FM3412 and FM1378. It is currently the site of the cotton gin. The City is initiating this B2 zoning which is compatable with the land use plan. Chairman Kent Crane opened the public hearing. There being no questions or opposition , the public hearzng was closed and brought before the board for discussion. City Manager Gus Pappas said that the staff recommends approval of this zoning because it is consistant with the existing pattern. Vice-Chairman Brian Chaney made a motion to accept the zoning as requested. Bill Chapman seconded the motion. Motion carried 6-0. IT PUBLICHEARINE�QNIONING OF 2 ACR!;S__gN S. SH78 - This property is described as Z acres out of the D. Strickland Survey , Collin County Abstract 841 and is currently the site of Wylie Mobile Home Sales. The City is initiating this zoning of B2 to be compatable with the land use plan and is compatable with the existing use. Chairman Kent Crane opened the public hearing. There being no questions or opposition , the public hearing was closed and brought before the board for discussion. Chairman Kent Crane said that we had been working hard to protect the entrance of our city and he felt tnat we should use a higher zoning here. Vice-Chairman Brian Chaney made a motion to accept the zoning with B1 instead of B2. Bill Chapman seconded the motion. Motion carried 6-0. ITEM PUBl=IZONING - This property is described as 43. 36 acres out of the James McUlmurry Survey , Collin County Abstract 629 and is located on the east side of FM1378 just north of the Birmingham Farms. The City is initiating this zoning of SF2 to be compatable with the land use plan. City Manager Gus Pappas stated that tne staff recommends approval of SF2 for a good transition. There is SF3 zoning above this tract and SF2 zoning below it. Chairman Kent Crane opened the public Nearing. There being no questions or opposition , the public hearing was closed and brought before the board for discussion. Ken Mauk made a motion to accept the zoning as requested. Vice-Chairman Brian Chaney seconded the motion. Motion carried b-0. ITEM_'N0�_7- -_ PUBLIC HfARI4G-I8N- ZONING OF 456- qRES ON_'LAKE LAV{�i - This property is described as 456 acres out of the Orpha Shelby Survey, Collin Counts, Abstract 334 and the Josiah J. Turnham Survey, Collin Countv Abstract 919, located east of and behind Seis Lagos along the shores of Lake Lavon. It has commonly been known as the ''Caruth" property. The petitioner has requested PD or planned development zoning on this large tract; however , he, Mr . Stanley Moussa_ prior to this meeting nad been in to visit With staff members and is now requesting a mixture of MF , SF , and Business zoning. Chairman Kent Crane opened the public hearing. Mr . Stanley Moussa gave a elaborate 11 presentation on the proposed zoning and development of this tract of land. He included the different phases of how his plan came about and a topographical map of the land. There being no other questions or opposition , Chairman Kent Crane closed the public hearing and brought it before the board for discussion. Chairman Kent Crane commented that Mr. Moussa had planned for a considerable area of high density development and not very much single family. Mr . Moussa said that this was to let more people enjoy the nature of the land and not just a very few. Chairman Kent Crane asked how the sewer and water would be handled in the area of St. Paul? City Manager Gus Pappas said that we would refer that to St. Paul . Mr. Moussa said that he believed that the City of St. Paul had intentions to talk to Wylie about the possibility of contracting water and sewer . Fred Ouellette asked if there was a planned lift station for the area. City Manager Gus Pappas said that rather than have alot of little lift stations Mat we would make this tract a lift station district of its own . It will empty into Muddy Creek and the total cost of water will be borne by Mr . Moussa. His lift station fee would be smaller because he is not having an etfect on the lift station itself , only on the oversizing of the line. Fred Ouellette also asked Mr . Moussa if he had thought of restricting the types of homes built on this land. Mr . Moussa said that he would use the City of Wylie ' s restrictions and some of his own. He went on to say that this would be very family oriented and that the swinging singles would want to go somewhere else. Bill Chapman made a motion to accept the zoning with changing the 81 by the school to SF2 and change the S. to Public Use. Ken Mauk seconded the motion. Motion carried 6-0. ITEM NO._8 - RE-ZONING FM544 - This property is described as 10. 038 acres out of t4e J . D. Shelby Survey , Collin County Abstract 819 and the N' A. Atterbury Survey, Collin County Abstract 1763. The property is located on the north side of S. FM544 in the tri -county area. The petitioner is asking for PD or planned development zoning. Chairman Kent Crane opened the public hearing. Mr . Gary Edwards made a presentation. He wants to build a retirement village of 132 units. Each building will have a theme. Examples were an Alamo building , Greece building an English building and an Oriental building ' There being no other questions or opposition the public hearing was closed and brought before the board for discussion. City Manager Gus Pappas addressed the board explainzno the difference in consideration for a planned development and other zoning. Chairman Kent Crane said that the drive ways were too small . Mr ' Edwards said that he could maybe make less parking spaces and a wider drive. City Manager Gus Pappas asked i + the plan incluoed fzre sprinkler systems? Mr . Edwards said no, that thev haul included smoke alarms and 2 hour fire walls between each apartment . Code Enforcement Officer Roy Ferris said that the codes did say that fire sprinkler systems were mandatory. Chairman Kent Crane asked Mr. Edwards if they had aquired their state liscense? Mr . Edwards replied no, that they were waiting for approval from this board before going any further . City Manager Gus Pappas advised him to send his plans to the State. Chairman Kent Crane said that the key concerns were that the drive ways were too small , need covered bus pickups, need sidewalks along the front and an arhitect needed to become involved with the plans. Bill Chapman made a motion to approve tne concept of the retirement village. Ben Scholz seconded we motion. Motion carried 6-0' - This p r operty is de b 0� c re scrie� as 2. as out of the Francisco de la Pina Survey , Collin County Abstract 688 and is located on the north side of E. SH78 at the entrance to Lake Lavon and is currently the site of the junkyard in that area. The City is initiating B1 zoning for this tract . B1 zoning is compatable with the land use plan. Chairman Kent Crane opened the public hearing. There being no questions or opposition Me public hearing was closed and brought before the board for discussion. City Manager Gus Pappas said that the staff recommends approval . Ben Scholz made a motion to accept the zoning as presented. Bi1l Chapman seconded the motion. Motion carried 6-0. - Bill Chapman made a motion to adjourn. Ben Schoiz seconded the motion' Motion carried 6- �. ________________________ xent Crane, Chairman Planning & Zoning Commission Respectfully Submitted: _______---------_________ 0manda Maples, Secretary ./ �� MINUTES PLANNING & ZONING COMMISSION THURSDAY, APRIL 17, 1986 The Planning and Zoning Commission for the City of Wylie, Texas met in regular session on April 17, 1986 in the Wylie Community Center . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were: Chairman Kent Crane, Vice-Chairman Brian Chaney, Ken Mauk , Ben Scholz , and Bill Chapman. Representing the city staff was Gus H. Pappas; City Manager , Roy (wires; Code Enforcement Officer , and Amanda Maples; Secretary. The meeting was called to order at 7: 00P. M. by Vice-Chairman Brian Chaney. ITEM NO. 1 —APPROVAL OF MINUTES - Vice-Chairman Brian Chaney asked that their be a correction to Item No. 3. It was Written that he had made a motion to accept the zoning with 7 more acres of retail zoning on the other side of Springcreek Pkwy. It should have been written that the motion was to accept the zoning with 7 more acres of B1 zoning on the other side of Springcreek Pkwy. ITEM NO. 2 - PUBLIC HEARING ON ZONING OF 31.862 ACRES ON SH78 - This property is described as 31 . 862 acres out of the R. D. Newman Survey, Collin County, Abstract 660 and is located iust south of Century Business Park on SH78. This is the site of the three junkyards. The staff is recommending Business 2 and Multi -family zoning. Vice- Chairman Brian Chaney opened the public hearing. Mrs Martha Oliver who ownes the property on the opposite side of SH78 came forward stating that they already had a problem with flooding in the area. She asked , if this development , with all the excavating , would make the flood problem worse? City Manager Gus Pappas said that the City would make the developer address the problem of flooding and that they would have engineers to calculate the problem and rechannel the creek so that it could handle the water. He went on to say that as this area gets more urbanized the City would like for the Soil Conservation Service to turn over the dam to us; however; both sides agree that now is not the proper time for that to happen and they are still actively involved with the dam. Mrs Oliver said , good , lets develop the area so we can get the flooding fixed. Vice-Chairman Brian Chaney closed the public hearing and brought it before the board for discussion. Vice-Chairman Brian Chaney stated that he did not have a problem with this. City Manager Gus Pappas said that he r, forgot to mention that this zoning was City generated and that when this is actually developed , the developer might request some other zoning becauii;e he would have a plan in mind' The staff considered Industrial zoning because it would make things begin to happen faster in the area but , they usually like to find less expensive land that is generally flat. Also, the staff was afraid that Industrial zoning would cause a lot of regulation on the City ' s part to keep the creek free from pollution. Chairman Kent Crane made a motion to accept the zoning. Bill Chapman seconded the motion' Motion carried 5-0. IC HEARING ON REZONING OF LOT I AND RAILROAD ADDITION - This property is described as Lots 1 & 2, Block 20, Railroad Addition. This property fronts on Highway 78 and is bordered on the south by Masters and on the east by Second Street. The original zoning is Retail , but the petitioner is seeking Business 2 in order to have a landscaping and nursery business. The staff has reviewed this petition and finds that it is compatable with surrounding zonings. The staff recommends the Business 2 zoning' City Manager Gus Pappas said that this was an Individual generated request for zoning. This property at one time was a used car lot , after that it layed dormant for a while. Then someone came and wanted to build a gargage on it but when he found out that he would have to get the land rezoned he didn ' t feel it was worth the trouble. Now, these people want to use it for a landscaping and nursery business which requires the same zoning as the gargage because products and sales take place outside. Once this zoning is granted , while the nursery is less offensive than the gargage, it could go down hill at any time if the nursery moves out. One would almost want to grant a special use permit so that we could have the nursery but if they decide to give it up in 6 months we wouldn 't get a gargage in its place. Vice-Chairman Brian Chaney opened the public hearing. Bob Burns came forward, he holds a long term lease on the property and would be sub-leasing to Shirly Rodgers, stating that he eventually, wanted to put a muffler shop on the property simular to the Western Auto, everything would be on the inside. Shirley Rodgers the Co-Owner of the nursery came forward stating that there is a chain link fence across the back of the property with some large trees. Vice-Chairman Brian Chaney told her that she may be required to put up an wooden fence' Mrs Rodgers said that this business would stay neat and clean and would not be an eye sore to the community. They want to do all they can to beautify Wylie. Vice- Chairman Brian Chaney closed the public hearing and brought if before the board for discussion. Chairman Kent Crane said that he was concerned about giving 82 zoning uecause you couldn ' t be sure of what you would have there tomorrow' He would like to see a more strenuous zoning with a Special Use Permit. Vice-Chairman Brian Chaney agreed because this area is close to downtown. Bill Chapman also agreed. City Manager Gus Pappas said that he didn 't think that this piece of property could be very offensive at its worst because it is so small . Chairman Kent Crane stated that we have been working on cleaning up the corridors to our city and he would like to see that momentum continue even though he does not have a problem with the nursery. Vice-Chairman Brian Chaney stated that we must look at the worst possible use for this property in order to grant the zoning' City Manager Gus Pappas stated that the way the zoning ordinance is constructed a Specific Use Permit would not be allowed. There are 3 alternatives, ( 1 ) grant 81 zoning along with a recommendation that the nursery with outside sales could be allowed under B1 , (2) grant Bl zoning to the property owner and recommend to the council that the allowable uses under B2 be used under B1 or (3) grant B2 zoning. The staff recommends this because of the size of the property, it is too small to be used for most of the very offensive uses under B2. Chairman Kent Crane made a motion to grant the property B1 zoning and change the zoning ordinance so that retail nurseries be in the Specific Uses for B1 and further to grant a Specific Use Permit for the nursery' Bill Chapman seconded the motion. Motion carried 5-0' ' ITEM NO. 4 - ADJOURN - Chairman Kent Crane made a motion to adjourn. Bill Chapman seconded the motion. Motion carried 5-0. Kent Crane, Chairman Planning & Zoning Commission Respectfully Submitted: Amanda Maples, Secretary ' `� / . MlNUTES PARKS & RECREATION BOARD MEETING MONDA, , MAY 5, 1986 The Parks it Recreation Board for the City of Wylie~ Texas , was scneduled for 7: 00 P. M. on Monday , May 5, 198,-, in the Community Room at 800 Thomas. Notice of tne meeting had oeen posted for the time and in the manner required by law. Those present were Vice-Chairman Derek Ammerman , Mr. Morris Love, Mr. John Morgan , and Mr . Curtis Hale. Representing the City sta+f were Mr ' Gus Pappas, City Manager : and Mrs. Susan Marquardt , Secretary. Those absent were Chairman Retha Tibbals, Mrs. Peggy Sewell , Mrs. Jayne Chapman , and Mr . Dill Windham ` Director of Public Works , and Mr . Kenneth White, Parks Supervisor. - Vice-Chairman Derek Ammerman called the meeting to order . Vice-Chairman Derek Ammerman asked for any corrections or additons to the minutes. Mr ' John Morgan made motion to accept the minutes as submitted. Mr. Curtis Hale seconded. Motion carried 4- _COVERS ON_ Lt4j.q.­TABLES.0. - Tabled by acclamation. IT - GENERAL QISCUSSJ{�� - Mr . John Morgan informed the board members that the restrooms were vadalized . The City of Wylie is going to replace the broken fixtures with stainless steel fixtures. Mr . Gus Pappas stated that the porcelain fixtures ran about $700. 00 and the stainless steel ran about $2100. 00. The stainless steel would hold up better than the porcelain. Mr. John Morgan stated that metal overhead doors were getting to be a must . Mr . Gus Pappas asked if there was any reason why in couldn ' t be bricked over and have tne metal door on the side. Mr . Gus Pappas asked the board members if they would like us to get prices on the brick work . After some discussion , Mr . John Morgan made motion to fill in with brick and install the metal door. Mr. Curtis Hale seconded. Motion carried 4-0. Mr . John Morgan stated that he had several complaints from the citizens in regards to the toilet tissue holders in the restrooms. The ones in the restrooms now, get ripped off the walls, and thrown in the toilets. Mr . Gus Pappas stated . . we would loo� into tne stainless steel commercial type hoi der s. Mr . John Morgan asked about the dead bolt lock that is needed down at the concession stand. He thought that Kenneth White, Parks Supervisor was going to get one. Mr . John Morgan stated that the drainage ditch that was put in was doing a good job , but could use some more dirt on the east side o+ the ditch. Who ever does it can just contact Mr' John Morgan. Mr ' John Morgan stated that he has had several observations on different 0aycares using the playground equipment during the day at least two times per day. Mr. Curtis Hale stated that he found someone who is involved with burgular systems. He has the gentleman looking into a silent alarm that would be economical for us. Mr. Gus Pappas addressed the board members that they might consider starting the discussion for next years priorities. Mr. John Morgan asked if there was going to be additional park 1and? Mr . Gus Pappas stated that we woula probably have the lake park on the Birmingnam land and maybe a wilderness park next summer . Mr . John Morgan stated that he thought that we were going to need several more baseball fields. Also that the soccer fields were starting to get crowded. Mr. John Morgan asked about the possibility of another sprinkler system? Mr . Gus Pappas stated that we could possibly look at it at mid year revision. ITEM - Trent Thompson addressed the board members that he would like to finish the other baseball field in Rudy Rowells name. Trent Thompson said that they would donate the labor and get the materials. Mr. Gus Pappas stated that the only thing he would like on the material was that it looked the same and be the same size wire and pipe. Mr. Trent Thompson said that the time frame in finishing out the baseball field would probably be the end of the summer . After some discussion Mr . John Morgan made motion to accept the baseball field. Mr . Morris Love seconded. Motion carried 4-0. ITEM NO. 5 - ADJOURN - Vice-Chairm Derek Ammerman adjourned the --------------- --------------- Derek Ammerman Vice-Chairman ANNEXATION ORDINANCE OF THE CITY OF WYLIE , TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS , AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY , ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES , ACTS , RESOLUTIONS AND REGULATIONS OF THE CITY ; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS , the City Council of the City of Wylie , Texas , finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie ; and WHEREAS , the City has prepared a service plan for the area , a copy of which is attached hereto as Exhibit "A" ; and WHEREAS , after notice was duly given , public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A , Vernon ' s Annotated Civil Statutes of the State of Texas ; and WHEREAS , the City Council has concluded that such area should be annexed into and made a part of the City of Wylie , Texas : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS : SECTION 1 . That the following described territory be , and the same is hereby , annexed into and made a part of the corporate limits of the City of Wylie , Texas , and the same shall hereafter be included within the territorial limits of said City , and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City , and shall be bound by the ordinances , acts , resolutions and regulations of the, City of Wylie , Texas . Said territory hereby annexed being described as follows : 4 . 95 acres (Tr . 36) ; 7 . 062 acres (Tr . 12) ; 5 . 0 acres (Tr . 11 ) ; 3 acres (Tr . 13) 2 .0 acres (Tr . 14) 9 . 95 acres (Tr . 9-9) out of the R . D . Newman Survey , Abstract 660 for a total of 31 . 862 acres . SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie , Texas , such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie , Texas . Therefore , if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction , such provision or portion of land shall be deemed as separate , distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance . SECTION 3 . This ordinance shall take effect from and after its passage as the law in st.ich cases provides . DULY PASSED by the City Council of the City of Wylie , Texas , this the day of _ 1985 . APPROVED : MAYOR ATTEST : --- CIT'L SECRETARY APPROVED AS TO FORS : CITY ATTORNEY A-841 A-438 I I r ZZ $ A-267 I 43 ' 3, 4 8f.AiJWAV Jc iFiib ��`,,r' ^', 'S•'' J01111 Kobir�SOl 9_9 7 /61247f (% JSbS,o U K`.,o 8o SaVLB�L 9 �. 8 10 5 4 ,�j[[r.w, �.. TeN. .. 3 CITY L*1T1 •"-4C 3(, sty , 3 -0 1�1 2. 1 ,-- ,. , • 3 : k r t ` 1 i O y' V 12 M4-„ �.. c c a GLEN KNOLL C-_ MOBIL HOME PARK CITY O WYLIE J 39.76 AC APO z o,,z,4( C.. li • 7 fP,kQ` OME: S CNYAR. ) Lf F• 1g1 1985 G,b b cs 16 17 u •:,., _i, e' J /. \j...\ J 18 L. � J se 32 3. ) AL KITTNER 28 A� KITTNER GEORGE LEWIS INC. • e.es AC 29.61 ACJe 44 AC iii \ •\ GEORGE LEWIS INC. AL KITTNER GEORGE LEWIS INC. \ 85.197 AC 96.034 AC q_� 55 AC GEORGE LEWIS INC. AC \ 99.64 AC GLENN DAY L 32.30 AC 20 --- - T. T- ( /-) ' � � | � | ` �ORDINANCE NO, ` � � AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING � � THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A| REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING | � PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH � OFFENSE; AND DECLARING AN EFFECTIVE DATE. � | WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to theigranting of zoning � changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and . after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing � Body is of the opinion that the said change of zoning which � is on application of Ci�� f ________________ should be granted and the Comprehensive Zoning Ordinance of the � City of Wylie should be amended in the exercise of its � legislative discretion: � � � NOW, THEREFORE, BE IT ORDAINED BY THE ' CITY COUNCIL OF THE � CITY OF WYLIE, TEXAS: SECTION 1 . That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the samp is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit : Business -2 - ________�ul�i-_�amil�_�...__..................................................____ � Said property being described as follows: 4.95 Acres (Tr. 36) ; 7,062 Acres (Ir. 12) ; 5.0 Acres (7r. ll) ; � 3 Acres (Tr. 13) ; 2.0 Acres (7r. 14) ; 9.95 Acres (Ir. 9-9) � out of the D. D. Newman Survey, Abstract 660 for a total � of 31,862 acres. � | � | � � ~ / | � SECTION 2. That all ordinances of the City in conflict with � � the provisions of this ordinance be, and the same are ' hereby, repealed and all other ordinances of the City not in � conflict with the provisions of this ordinance shall remain in full force and effect . � � SECTION 3. That the above described property shall be used only in the manner and for the pruposes provided for in the � Comprehensive Zoning Ordinance of the City as amended h i � ere n � by the granting of this zoning classification. � � � SECTION 4. That should any paragraph, sentence, � subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid, the same shall not affect the validity of this ordinance as ! a whole or any part or provision thereof other than the part � so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole., � � SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be � subject to the same penalty as provided for in the � Comprehensive Zoning Ordinance of the City, as heretofore . amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to � exist shall constitute a separate offense. � SECTION 6. It is necessary to give the property described � herein the above mentioned zoning classification in order to � permit its proper development and in order to protect the � n public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides' ! DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, � TEXAS, this the __JJQ_____ day of ____N&I______________, _ � ..............___ .................................... ________ Don Hughes, Mayor � ATTEST: � � .................................................__________________ Carolyn Jones, City Secretary � i | � � !| � . ^ � � ! ! , A-841 A-438 ZZZ A-267 43 • 3. 4 JRowNlE �•j Illt Brn�vnr (�A�E�b �`�; ,� )�`" /, .SOb1 8 Ror.�lsehl 9_9 8 7 -'���,r���� • �� t9. Jay ,° Lb 86� 'sao- 8`L L. 6 10 5 4 i.Jz-!7! 15b5 Or" K .0 9 �;c.,, A, » r... - ,. 3 cm LV,T• f VI i 3 — a < \it \ a 12 Ai'"� •�?,� ; a a GLEN KNOLL I '•' R'+• WA�6 36 i7.,.30, 9 .. z MOBIL HOME PARK CITY OF WYLIE ' J e 39.76 AC ` OPO zo�zAC C: P��P •MEe Y` CINYAR• ) �� 2s- �, gF• 10 31 ��..�....-\ 1985 O�' b g� v 15 c 16 17 / �..\ C -f 18 a (— s 32\c, G c 26 Ai. K,TTMEPI AL KITTNER �c' 6.6$ A 29.61 AC EORG AC INC. INC. s \ GEORGE LEWIS INC. 29 s �c AL KITTNER \ 65.197 AC GEORGE LEWIS INC. 96.034 AC A_� 55 AC AC \ GEORGE LEWIS INC. 99.64 AC • GLENN DAY 32.30 AC l r1 C r-/ i L.••� 19 ---- PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: N s/ v- `�' of the County of and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or corporations who are owners of the following described tract of land which is within the City Limits of the City of Wylie, in Collin County, Texas, and described as follow ' • COMMIDICING at a TO ALL PARTIES IN- sway marker located at TERESTED IN PREMISES the intersection of the East ing more particularly I SURVEYED: ed as follows: This is to certify that I have, Road 544 and the Northeast this date, made a careful and Right-of-Way line of Vinson COMMENCING at a Right-of-Way line of Farm accurate survey on the Road 306; Thence South 42 highway marker located at ground of property located on deg. 58 min. East with Nor- the intersection of the East Vinson Road in the Counties theast line of Vinson Road I Right-of-Way line of Farm of Dallas, Rockway and Col- 80.7 feet to a highway marker Road 544 and the Northeast lin, Texas, out of the J.D. for corner; Thence South 45 Right-of-Way line of Vinson S H E L B Y SURVEY, deg. 52 min. East with the Road 306; Thence South 42 BSTRACT NO. 819 and Northeast line of Vinson deg. 58 min. East with Nor- .A. A TT E R B U R Y Road 1585.1 feet to an iron theast line of Vinson Road URVEY, ABSTRACT NO. stake for corner and to the 80.7 feet to a highway marker 763 and being known as a Place of Beginning; for corner; Thence South 45 0.00 acre tract out of a 78.2 deg. 52 min. East with the cre tract conveyed to THENCE North 00 deg. 57 Northeast line of Vinson ussell Addington by Paul min. East with the small Road 1588.1 feet to an iron ddington and Alice Ad- tracts 1984.56 feet to an iron stake for corner and to the 'ngton by deed of record in stake located in the drainage Place of Beginning; olume 111, Page 135, Collin ditch for corner; ounty Deed Records, THENCE meandering with THENCE North 00 deg. 57 Volume 3400, Page 74, Dallas said drainage ditch as min. East with small tracts ounty Deed Records and Ffollows: 1095.18 feet to a point for cor- ner l u m e 46, Page 592, 1. South 28 deg. 08 min. ner located on the South line Rockwall County Deed East 42.80 feet to a point for of Collin County as called in #Records, said 10 acres being corner; Deed to State of Texas on ;described as recorded in Ex- 2. South 30 deg. 08 min. Right-of-Way Deed for Farm hibit "A", filed in Volume East 383.00 feet to a point for Road 544; 82076 at Page 0013 of Deed corner; THENCE East with said • 1 Records of Dallas County, 3. South 73 deg. 10 min. County line passing Rockwall 1 Texas and in Volume 1513 at East 316.40 feet to a point for County line at 132.68 feet and Page 792 of Deed Records of corner; continuing for a total Collin County, Texas and be- 4. South 08 deg. 30 min. 37 distance of 203.55 feet to ing more particularly describ- sec.East 99.54 feet to a stake point for corner in said East ed as follows: for corner located in old fence - line of 10.00 acre tract; line; THENCE South 00 deg. 57 THENCE South 88 deg. 48 min. West with said 10.00 min. 29 sec. West with said acre tract 1288.80 feet to iron old fence line 335.92 feet to an stake set in the Northeast iron stake for corner; R.O.W. of Vinson Road for THENCE South 00 deg. 57 corner; min. West crossing the THENCE North 45 deg. 58 survey line between Collin min. 51 sec. West with the County and Rockwall Coun- Northeast R.O.W. of Vinson ty, 1612.07 feet to an iron Road, 278.60 feet to Place of stake set in said Northeast Beginning and containing R.O.W. of Vinson Road for 5.568 acres of land with 3.528 corner; acres in Dallas County and THENCE North 45 deg. 58 2.04 acres of land in Rockwall min. 51 sec. West with said County, Texas, by deed. R.O.W. line of Vinson Road 278.60 feet to Place of Begin- ning and containing 10.038 acres of land, more or less. Tract A A tract of land located in Dallas County and Rockwall County, Texas and being out of the N.A. Atterbury Survey, Abstract No. 1763 in Dallas County and Abstract No.6 in Rockwall County and being out of a 10.00 acre tract described in Exhibit "A" as filed in Volume 82076 at Page 0013 in Dallas County, Texas,and in Volume 1513 at Page 792 of Deed Records of Collin County, Texas and be- `.. PETITION FOR ZONING CONT' D. PAGE 2 Sa idxlt4w represents that he and all t,,qer owners w~ desire zoning to be changed from to _ in accordance with thevcurrent Zoning Ordinance and making said zoning subject to the appropriate laws, rules, and regulations of said City relating to that classification of zoning. Your petitioner, therefore, respectfully prays that the land above described be zoned by the said City of Wylie, Texas, as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witnes of this petiti this the day of , l98 �� _. Signature v_ T,7 ��r-> 5 — Please Print Name Street address or Box No. .� p.ity Texas Zip Telephone ' � �=' THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the g njZ Public on this day personally appeare , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: /Office ��Giv der my hand and eal ° Zer4st �� _day of »� � , 19Fk�o , _ Notary Public, CdbntxY, Texas � ' ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO S 1-5) y TO CHANGE THE Z ON 1 NO ON THE HEREINAFTER DESCRIBED BE._D PROPERTY TO THE NEW ZONING CLASSIFICA- TION REPEALING HEREIN STATED; PROVIDING H CLAUSE; PROVIDING A SC yERASILITY CLAUSE; PROVIDING PENALTIES FOR V IO r T iON OF THIS ORDINANCE NOT In EXCEED THE SUM OF TWO HUNDRED w 2t o, DO FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DA T E.. WHEREAS, the City Zoning Commission and the City Council of t tl e City +_;f Wylie, ? e%:>.:a_:„ in compliance with ,a laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise„ and after holding due hearings and affording a full and +aif- hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application +=+f Harold Edwards _ :ho,+._.]. d be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; SECTION 1 . That the Comprehensive Xining Ordinance of the City of Wylie, Texas, be and the same is hereby amended b`:' amending the Zoning Map of the Cit`, o± Wylie, to give the hereinafter described property a new zoning district classification to-wit: PLANNED_DEVEI,Q$`11JT_-.--__._.---.__-.-.__-.__-- Said property being described as follows: See attached COMMENCING at a TO ALL PARTIES IN- highway marker located at I,, TERESTED IN PREMISES the intersection of the East ing more particularly desc SURVEYED: Right-of-Way line of Farm ed as follows: 'This is to certify that I have, Road 544 and the Northeast this date, made a careful and Right-of-Way line of Vinson COMMENCING at a accurate survey on the Road 306; Thence South 42 highway marker located at ground of property located on deg. 58 min. East with Nor- the intersection of the East Vinson Road in the Counties theast line of Vinson Road Right-of-Way line of Farm of Dallas, Rockway and Col- 80.7 feet to a highway marker Road 544 and the Northeast lin, Texas, out of the J.D. for corner; Thence South 45 Right-of-Way line of Vinson aS H E L B Y SURVEY, deg. 52 min. East with the Road 306; Thence South 42 BSTRACT NO. 819 and Northeast line of Vinson deg. 58 min. East with Nor- .A. A TT E R B U R Y Road 1585.1 feet to an iron theast line of Vinson Road URVEY, ABSTRACT NO. stake for corner and to the 80.7 feet to a highway marker 763 and being known as a Place of Beginning; for corner; Thence South 45 0.00 acre tract out of a 78.2 deg. 52 min. East with the cre tract conveyed to THENCE North 00 deg. 57 Northeast line of Vinson ussell Addington by Paul min. East with the small Road 1588.1 feet to an iron AAddington and Alice Ad- tracts 1984.56 feet to an iron stake for corner and to the dington by deed of record in stake located in the drainage Place of Beginning; 'Volume 111, Page 135, Collin ditch for corner; County Deed Records, THENCE meandering with THENCE North 00 deg. 57 !Volume 3400, Page 74, Dallas said drainage ditch as min. East with small tracts County Deed Records and follows: 1095.18 feet to a point for cor- VVolume 46, Page 592, 1. South 28 deg. 08 min. ner located on the South line Rockwall County Deed East 42.80 feet to a point for of Collin County as called in i Records, said 10 acres being corner; Deed to State of Texas on described as recorded in Ex- 2. South 30 deg. 08 min. Right-of-Way Deed for Farm hibit "A", filed in Volume East 383.00 feet to a point for Road 544; 82076 at Page 0013 of Deed corner; THENCE East with said Records of Dallas County, 3. South 73 deg. 10 min. County line passing Rockwall Texas and in Volume 1513 at East 316.40 feet to a point for County line at 132.68 feet and Page 792 of Deed Records of corner; continuing for a total Collin County, Texas and be- 4. South 08 deg. 30 min. 37 distance of 203.55 feet to ing more particularly describ- sec. East 99.54 feet to a stake point for corner in said East ed as follows: for corner located in old fence line of 10.00 acre tract; line; THENCE South 00 deg. 57 THENCE South 88 deg. 48 min. West with said 10.00 min. 29 sec. West with said acre tract 1288.80 feet to iron old fence line 335.92 feet to an stake set in the Northeast iron stake for corner; R.O.W. of Vinson Road for THENCE South 00 deg. 57 corner; min. West crossing the THENCE North 45 deg. 58 survey line between Collin min. 51 sec. West with the County and Rockwall Coun- Northeast R.O.W. of Vinson ty, 1612.07 feet to an iron Road, 278.60 feet to Place of stake set in said Northeast Beginning and containing R.O.W. of Vinson Road for 5.568 acres of land with 3.528 corner; acres in Dallas County and THENCE North 45 deg. 58 2.04 acres of land in Rockwall min. 51 sec. West with said County, Texas, by deed. R.O.W. line of Vinson Road 278.60 feet to Place of Begin- ning and containing 10.038 acres of land, more or less. Tract A A tract of land located in Dallas County and Rockwall County, Texas and being out of the N.A. Atterbury Survey, Abstract No. 1763 in Dallas County and Abstract No. 6 in Rockwall County and being out of a 10.00 acre tract described in Exhibit "A" as filed in Volume 82076 at Page 0013 in Dallas County, , Texas, and in Volume 1513 at Page 792 of Deed Records of (Collin County, Texas and be- SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION _ . That the above described property shall be used only in the manner and for the purposes provided +or in the Comprehensive Zoning Ordinance of the City as amended herein by the cirantint of th:i. fs 2onang classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to he unconstitutional , illegal or invl aid,x the came shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and 1 L -_ ,,r:!1. 7.d7. ty +fit t1tt:3 t.:+-7ii1F:+rc°h.t�'n��1 `�'+= <..firt:.;i+ �.j 1._t 1. 1. (n[l�_ e'1't�t e'�t file Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be sub+iect to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars i$200. 'CO; for each offense, a r l that each d.:!Y such `violation shall i L n n _.i ri i_;,e _n exist shall constitute a separate offense. SECTION b. It is necessary to yi. .'u the property described herein the above mentioned zoning ciosc.ification in order to permit its properdevelopment and in o ...+- to protect-ci he J:_ -iU {1 - order f J_C- t, __ public interest , comfort and general welfare f o the City. Therefore, this ordinance _hall taluseffect immediatel `, trom and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COlUNCIL OF THE CITY OF W'(LIE, L TEXAS, thl = file day of -._..-.__...-_.. Don Hughes, Mayor ATTEST: Carolyn yn Jones, City :S 6e{_r-et-ar o ORDINANCE NO . AN ORDINANCE OF THE CITY OF WYLIE , A HOME RULE POLITICAL SUBIDIVISION OF THE STATE OF TEXAS , AMIENDING ORDINANCE NO . 84-12 , THE FEE ORDINANCE OF THE CITY OF WYLIE , ADDING A NEW SUB-SECTION 6 . 01 ESTABLISHING AN AMOUNT FOR CONSTRUCTION MIAINTENANCE BONDS TO BE POSTED WITH THE CITY BY A SUBDIVISION DEVELOPER/BUILDER . WHEREAS , the City Council of the City of Wylie , deems it necessary and proper to establish criteria for the posting of maintenance bonds when building and developing a subidivision within the corporate limits of the City ; THEREFORE , as provided in the Subdivision Regulations of the City of Wylie , Section 8 a subdivider shall provide a maintenance bond as follows : SECTION 6 . 01 - MIAINTENANCE BONDS : Any subdivider/devloper shall furnish a maintenance bond for one year from date of acceptance or place in escrow for one year from date of acceptance , an amount that represents ten percent ( 10% ) of the total cost of public improvements ( streets , drainage , water/sewer lines , etc . ) for said development in order to indemnify the City against any repairs which may be necessary in connection with construction of said improvements arising from defective workmanship or materials for a period of one ( 1 ) full year from final acceptance of each phase of the development . Final acceptance of a subdivision or a phase of a subdivision will be withheld until said maintenance bond or proof of establishment of escrow account has been furnished to the City . EFFECTIVE DATE : This ordinance shall become effective immediately upon passage and approval by the City Council of the City of Wylie . PENALTY : Any person who in any way violates the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation shall be subject to a fine of not less than $1 . 00 nor more than $ 200 . 00 . SEVERABILITY : All ordinances or parts of the ordinance in conflict herewith are specifically repealed and are superceded by this ordinance . All other parts of such ordinances are not repealed and remain in effect . PASSED AND APPROVED ON THIS THE ____DAY OF 1986 . Don Hughes , Mayor ATTEST : Carolyn Jones , City Secretary -�f TO : MANAGER , SOUTHFORK MOBILE HOME PARK FROM : CITY MANAGER , CITY OF WYLIE DATE : MAY 14 , 1986 RE : TEMPORARY TV ANTENNAS This memo is to advise you and the residents of the Southfork Mobile Home Park that the City Council of the City of Wylie , in action taken at a regular Council meeting held on Tuesday , May 13 , 1986 , has granted permission to install TEMPORARY TV antennas until such time as cable television service is provided to Southfork Mobile Home Park . It must be clearly understood that this authorization is a temporary measure and when cable service is provided , TV antennas will no longer be eermitted in Southfork Mobile Home Park . Please provide copies of this memo to each occupied space in the park in order that there can be no misunderstanding at a later date . Gus H . Pappas City Manager City of Wylie GHP : bl F" CITY OF WYLIE 114 N. BALLARD ST. - P.O. BOX 428 WYLIE, TEXAS 75098 (214)442-2236 MEMORANDUM April Gti:, i 98o TO: Gus H. Pappas, City Manager FRUt•i: 1 . W. Santry, Jr . ,F'. E. , City Engineer SUBJECT: Rush Creek Estates/ Oaks Addition Sanitary Sewer Oversizeinq Enclosed please find the original Rush Creek Estates/ Oaks Addition Sanitary Sewer Oversizeing cost statement from Mr. Harold Spence, and a corrected copy because of a calculation error. . The estimate appears to be in order for the oversizeing cost from S-inch to 10-inch for both PVC and ductile iron. You may recall that the agreement was also for the City to pay for one ( 1 ) extra manhole. It is my recommendation that Mr. Melvin St. John be paid the corrected total of $2,60 . 60 for the oversizeing. Spence Construction INVOICE NO. 1825 E. 544 4645 Wylie, Texas 75098 SOLD TO City of Wylie SHIPPED TO Rush Creek & Oaks Public Works , Engineering Dept. STREET& NO. P.O. Box 428 STREET&NO. CITY Wylie, Texas 75098 CITY ATTN: Mr. Sant CUSTOMER'S ORDER SALESMAN I TERMS VIA F.O.B. DATE 4-14-86 The over sizin: on the off site Rush Creek sanitar ■- sewer line is as follows: -■- 160' 8" Ductile iron pipe at $8.31 per ft. >1,32:.60 160' 10" Ductile iron .ipe at 112 8 .-r ft ■ 2 02: :• Difference: -� .9: .20 660' 8" Sewer line cost 1.98 per ft. 1,30. .80 660' 10" Sewer lin- cost 12 .-r f ■_ • • Difference : -��, * A • One (1) man hole .� 1 200 .00 Total amount due from City: ',2 651 .60 ' Thanks -�- -Harold ' Redif9rm INVOICE 7H 736 1825 E . 544 4645 Wylie ,, Texas 75098 SOLD TO City of Wylie SHIPPED TO Rush Creek & Oaks Public Works , Engineering Dept. STREET& NO. P.O. Box 428 STREET & NO. CITY Wylie , Texas 75098 CITY ATTN: Mr. Santry CUSTOMER'S ORDER :SALESMAN TERMS - ( VIA F.O.B. DATE 1 4-14-86 j The over sizing on the off site Rush Creek sanitary sewer line is as follows: 160 ' 8" Ductile iron pipe at : 8.31 per ft. ?l,32: . 60 160' 10" Ductile iron pipe at '' 12 .38per ft. (q gyp , Ss0 _ Difference: 6, -(. . 660' 8" Sewer line cost 3;'1.98 per ft. 1,306.80 ✓ 660' 10" Sewer line cost 13 . 12_._per ft, 2 Q59-..20 Difference : ' 75p.40 ✓ One (1) man hole 1,20'0.00 Total amount due from City: 603 • CoO • Thanks , Harold_ R•difprm INVOICE 7H 736