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09-09-1986 (City Council) Agenda Packet AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, SEPTEMBER 9, 1986 ITEM NO. 1 - APPROVAL OF MINUTES - No corrections or additions. ITEM NO. 2 - APPROVAL OF RESOLUTION SUPPORTING NAT'L ENERGY POLICY - A letter from the Governor' s office is included in your packet on pages 17-19 , along with a copy of the resolution. The Governor is asking for your support and it is your option to either approve or deny passage of this resolution to be mailed to Washington. ITEM NO. 3 - PRESENTATION BY HOMER MINYARD FOR DE-ANNEXATION REQUEST - This property is described as 4 .95 acres out of the R. D. Newman Survey, Collin County Abstract 660 and is located on S. SH78 . This item appeared on your agenda for the last Council meeting but was withdrawn at the request of the petitioner . Now Mr. Minyard would like to have this item considered. As we mentioned in the last agenda summary, the staff has information that Mr. Minyard has a potential buyer who wants to use the property for a salvage yard. Information received in this office is that the owner/operator of the Lone Star salvage yard would like to expand his operation but under the City' s codes will not be able to do this at his present location. However , Mr . Minyard' s property is located adjacent to the Lone Star operation and if it is not in the City, it could become an extension of the present salvage yard business. ITEM NO. 4 - APPROVAL OF DE-ANNEXATION ORDINANCE FOR 4.95 ACRES ON S. SH78 - No additional comments. ITEM NO. 5 - APPROVE AMENDMENT TO TRAFFIC ORDINANCE - The amendment to Ordinance No. 78-17 , the City' s traffic ordinance deals specifically with Article V, Section 1, paragraph "a" , setting the maximum speed limits on streets within the corporate limits of the City. Councilwoman Donovan has requested a change in the speed limit for the residential areas of the City from a maximum of 30 mph to 25 mph. We conferred with the Chief of Police on this matter and he sees no problem with it other than the one that exists for the 30 mph limit and that problem is one of enforcement. The City, at this time, does not have the personnel to strictly enforce the speed limits whether they be 30 mph or 25 mph. The Chief did state that his officers would make every effort to enforce the speed limit, whatever it might be, in the residential areas where there appears to be the more serious problems. The Chief of Police will be present to answer any questions you may have. ITEM NO. 6 - SECOND PUBLIC HEARING ON TAX RATE - This is the second public hearing, required by law, for the tax rate of the City. The tax rate remains the same at .49 per $100 of assessed valuation. However, since the growth of the City increases the revenue beyond a certain percentage, the State requires two public hearings. ITEM NO. 7 - PUBLIC HEARING ON THE PROPOSED BUDGET FOR FY 1986-87 - This is the public hearing for the proposed budget, a copy of which is included as an insert in your packet. The public will , at this time, have an opportunity to ask any questions they may have. ITEM NO. 8 - PRESENTATION BY BERTHA HOWREY - Mrs. Howrey lives on W. Butler street, on the corner of Butler and S. Jackson, across from Chapman' s Restaurant. Mrs. Howrey would like to have Butler Street added to the list slated for reconstruction but feels the property owners should not have any financial responsibility for the project because 1 large trucks use that route and, she feels, have caused the deterioration. She also feels the Police Department should be writing citations for trucks using that route because it is posted "No thru trucks" . When Mrs. Howrey was in the office to sign her agenda request form, we asked Chief Abbott to come up and he has agreed to instruct his officer' s to begin writing cititations for violating the "No thru trucks" sign posted . Truck drivers claim they use this route because they cannot make the turn at the corner of Ballard and SH78 . The Chief agrees that it is very difficult , particularly if there is traffic coming from the other direction making it impossible for the truck to make a wide swing for the turn, but it can be done and his department will make every effort to correct the problem. We might add that you will recall our justification for the property owner participating financially in the reconstruction of the streets is not based on who uses the street, if that were the criteria, we would have to conclude that almost everyone uses all the streets at some time or another, but is based on the fact that the street improvement will increase the value of the property and is therefore of direct benefit to that property owner . ITEM NO. 9 - CITIZEN PARTICIPATION - Not an appropriate area for staff comment. ITEM NO. 10 - APPROVAL OF PRELIMINARY PLAT FOR WESTEGATE STREET R.O.W. - This is the plat for the street right-of-way dedication for Westgate Way off W. FM544 into the Pennington/Swayze Westgate Retail Development. The P&Z reviewed this plat at their meeting on September 9th and recommend approval . The engineering staff has also reviewed the plat and determined that it is in compliance with the subdivision standards of the City and therefore, recommend it for your approval . ITEM NO. 11 - ACCEPTANCE OF PERIMETER ROAD AND DRAINAGE FROM SOUTHFORK MHP - The perimeter streets referenced in this item are McMillan and McCreary as they border Southfork MHP . The Engineering staff has completed all inspections and tests and recommend it for your approval . Their recommendation is found on page 27 of your packet. ITEM NO. 12 - ACCEPTANCE OF WATER & DRAINAGE SYSTEM FROM RUSTIC RETAIL ADDN - This commercial venture is located on W. Brown at the corner of Cottonwood and Brown. The engineering staff has finalized all inspections and tests and recommend this item for your approval . The engineering recommendation is found on page 28 of your packet. ITEM NO. 13 - ACCEPTANCE OF WATER AND SEWER LINES ON W. FM544 - This project is a part of what we refer to as Hooper Business Park and has been installed by Baughman & Vinson. The Engineering staff has completed all tests and inspections and have determined this project is in compliance with the City' s subdivision standards and they therefore, recommend it for your approval . Recommendation found on page 29 of your packet . ITEM NO. 14 - APPROVE REIMBURSEMENT FOR OVER-SIZING COSTS IN HOOPER BUSINESS PARK - This item refers to the same project outlined in Item No. 13. The over-sizing costs have been reviewed by the Engineering staff and the City Engineer recommends reimbursement in the amount of $4 ,367 .98. Mr . Santry' s memo of recommendation is found on pages 30-31 of your packet. ITEM NO. 15 - AUTHORIZATION TO SEEK BIDS FOR FIREMEN 'S SPECIAL PROTECTIVE CLOTHING - The specifications for this special clothing, which is funded in the budget, can be found on page 32 of your packet . 2 ITEM NO. 16 - AUTHORIZATION TO SEEK BIDS FOR PARKING LOT AT SOUTH WYLIE FIRE STATION - The specifications and a drawing of the proposed improvement are contained on your packet on page 33 . ITEM NO. 17 - COUNCIL DISCUSSION - Not an appropriate area for staff comment. 3 O rit• /3s,14 9- I AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, SEPTEMBER 9 , 1986 7 :00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1-16 Consider approval of minutes. 2 17-19 Consider resolution supporting a "National Energy Security & Conservation Policy" as requested by the Governor of the State of Texas. PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 3 20 Consider presentation by Homer E. Minyard requesting de-annexation of 4 .95 acres out of the R.D. Newman Survey, Collin County Abstract 660 , located at 2701 S. SH78 . 4 21-22 Consider approval of de-annexation ordinance for 4 .95 acres out of the R. D. Newman Survey, Collin County Abstract 660 . 5 23 Consider approval of ordinance amending Ordinance No. 78-17 , (Traffic Ordinance of the City) , changing the maximum speed limit on streets within the corporate limits of the City from 30 mph to 25 mph unless signs designating a different speed limit are erected. 6 24 Conduct second PUBLIC HEARING on proposed tax rate of .49 per $100 of assessed valuation. 7 insert Conduct PUBLIC HEARING on the proposed budget for the City of Wylie for fiscal year 1986-87 . GENERAL DISCUSSION 8 25 Presentation by Bertha Howrey, citizen, requesting W. Butler be placed on the list for reconstruction; however, does not feel the financial responsibility should be borne by property owners because truck traffic has caused the deterioration of the street. 9 Citizen participation. 1 ORDER OF PAGE BUSINESS REFERENCE BUSINESS NEW BUSINESS 10 26 Consider approval of preliminary plat for street right-of-way dedication on Westgate Way from Pennington/Swayze Development . 11 27 Consider acceptance of perimeter road and drainage from Southfork MHP . 12 28 Consider acceptance of water and drainage systems from Rustic Retail Addn. 13 29 Consider acceptance of water and sewer lines from Baughman & Vinson (Hooper Business Park) . 14 30-31 Consider approval of reimbursement of over-sizing costs for water and sewer lines installed by Baughman & Vinson in the amount of $4 ,367 .98 . 15 32 Consider authorization to seek bids for firemen' s special clothing. 16 33 Consider authorization to seek bids for enlarging parking lot for South Wylie Fire Station. GENERAL DISCUSSION 17 Council Discussion 18 ADJOURN CITY COUNCIL MEETING MINUTES AUGUST 26, 1986 7:30 P. M. The Wylie City Council met in regular session on Tuesday, August 26, 1986 at 7: 30 P. M. in the Wylie High School Cafeteria. 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 Pro Tem Joe Fulgham, Council ' Members Calvin Westerhof , Sandra Donovan , and Chuck Trimble, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Mr. I . W. Santry, Jr. from the Engineering Department, Mr. Louis Nichols, City Attorney, and many citizens. Mayor Pro Tem Fulgham called the meeting to order and gave the invocation. APPROVAL OF MINUTES FOR AUGUST 12, 1986 MEETING: There being no corrections or additions to the minutes, a motion was made by Councilman Westerhof to approve minutes as submitted. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. ACCEPTANCE OF LOWELL BREWSTER' S RESIGNATION FROM THE CITY. COUNCIL OF THE CITY OF WYLIE: Mr. Brewster sent a letter of resignation to the City Secretary on August 13, 1986. Motion was made by Councilman Westerhof to accept the resignation of Mr. Lowell Brewster. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. CONVENE INTO EXECUTIVE SESSION - DISCUSS QUALIFICATIONS OF JOE FULGHAM TO CONTINUE IN OFFICE: Mayor Pro Tem Fulgham made the statement he preferred not to hold executive session is there any objections. Councilwoman Donovan said yes there was objection, we need to recess right now until this item is cleared that we just found out about five minutes prior to the meeting. Mayor Pro Tem Fulgham called for a motion to go into executive session. Councilman Trimble asked the Mayor Pro Tem if the City Attorney could address this issue so the public would know what they were talking about. Mayor Pro Tem Fulgham asked what issue they were talking about. Councilman Trimble said about the obligation of the former Councilmembers being allowed to vote. Mr. Louis Nichols, City Attorney, the question has been raised as to whether or not the Council could act with less than four members in the event the situation came up where you did not have four members which is the number fixed as the quorum for your charter. In reviewing the State Law, I have ascertain that the Texas Constitution provides that all officers within this State shall continue to perform the duties of their office until their successor have been duly qualified. It is my understanding that you have three vacancies on this Council due to three Councilmembers resignations, and these resignations have been accepted. This leaves you with four Council Members remaining' It is my opinion based on the Constitution and the case law that those City Council Members who have resigned and whose ' successors have not yet been elected or qualified have a constitutional duty to continue to participate in the ' � council action and decision and are eligible to vote and therefore they should be counted in determining whether or not you have a quorum present and whether or not you have four votes in favor of any decision and the charter provides that any actions taken by council should be approved by four affirmative votes. Should you have a person who is disqualified among the four of you from acting for some reason, then it would be necessary to bring in at least one of the Council Members who have resigned, in order to have a quorum and then it would require that all four be unanimous in their decision. If all three Council Members should return and participate and vote, then you would be in a situation where four affirmative votes by any of the seven members of the Council would represent the decision by the City Council . Motion was made by Councilwoman Donovan to convene into executive session. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - no, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion does not carry. QUALIFICATIONS OF JOE FULGHAM TO CONTINUE IN OFFICE - PLACE 5: Mayor Pro Tem Fulgham wanted to know who placed this item on the agenda. Mayor Pro Tem Fulgham then asked each council members if they put this on the agenda. Councilwoman Donovan said she placed the item on the agenda. Mayor Pro Tem Fulgham wanted to know if Councilwoman Donovan would give her reasons for this being placed on the agenda. Councilwoman Donovan said no she would not and to be honest with you, if we do not handled this like a council meeting, I will simply walk out and then we can stop the whole proceedings because we will not have a quorum. Mayor Pro Tem Fulgham said he believed we where handling it like a council meeting. Mr. Nichols, City Attorney, said it was his understanding that they were dealing with a personnel problem and the Council may go into executive session, if they so desired, but they are not obligated to do so. If the majority of the council does not vote to go into closed session and if the Mayor does not declare to go into closed session, then it would have to be declared as open session. Mr. Paul Phy, Attorney from Dallas, said he was representing Mr. Joe Fulgham. I believe that the law is clear that the motion did not carry to go into closed session, so anything you want to consider in this matter will be done in open session. Mr. Nichols said he had one other thing, where a personnel matter is being considered. Mayor Pro Tem Fulgham wanted to know if this personnel meant someone who was an employee of the City. Mr. Nichols said an employee or council member, or office or quality of duties. Under the law, if the individual about who the meeting is being held objects to a closed session, then it must be conducted in an open session. Regardless if everyone else wants to go into closed session. Mayor Pro Tem Fulgham said he also checked with the Secretary of State and was told the same thing. Mayor Pro Tem Fulgham asked Councilwoman Donovan if she wanted to state her reason now. Councilwoman Donovan said no she did not. Mayor Pro Tem Fulgham asked Councilwoman Donovan again if she wanted to state her reason for putting this item on the agenda. Councilwoman Donovan said the majority of the council felt that there was enough evidence to bring this up due to the questions being asked by citizens and due to Mr. Spence being asked to resign. Mayor Pro Tem Fulgham said he lives in Wylie, he resides at 309 Woodhollow Ct. and he has talked with the Secretary of State and they have told me I still reside in Wylie. All my children, my wife and our clothes are in this house. I may ~� not always live at this address, but I live at 309 Woodhollow now. Mayor Pro Tem Fulgham called on Jayne Chapman. Mrs. Jayne Chapman, of 311 Woodhollow Ct. in Wylie. The residence of Joe and Dale Fulgham seems to be a problems with a Council person. We meet them in the alley, in their yard, my husband goes to him as his dentist. We are constantly talking with them. Mr. John Morgan, 410 Woodhollow said the fastest way to downtown Wylie is to go behind the Chapmans and Fulghams homes and they are living there. Mrs. Sarah Connelly, 311 S. Fourth, said Dr. Fulgham and his family do live at 309 Woodhollow Ct. We attend Church with them and they are there every Wednesday night. Dr . Dick Sewell , 400 Woodhollow, said he was asked if he ever observed the Fulghams comings and goings. Dr. Sewell said yes, I am not in the habit of watching my neighbors, but the comings and goings has been normal . Mrs. Dale Fulgham, 309 Woodhollow Ct. said if I knew why this questions was brought up why we did not reside there, maybe I could answer this questi on better. Mrs. Ful gham asked the attorneys if it would be out of order to ask Councilwoman Donovan why she thinks_. the Fulghams do not live at 309 Woodhollow Ct. The attorneys said she could ask, but that Councilwoman Donovan did not have to answer. Mrs. Fulgham asked Councilwoman Donovan why she thought they did not live at 309 Woodhollow. Councilwoman Donovan did not want to respond. Mrs. Fulgham said then she could only suppose. When this questions was first brought to me, I thought it was a joke, but then I found out it was not a joke. When I hear a rumor, I go to that person and check it out. I called a friend about this, they asked if his clothes, shoes, etc. are in the house. This must be a joke they said. Then I called the Secretary of State and ask for a definition of residency. Mr. Mark Jordon said if a person is living there, clothes are there, paying taxes, paying utilities, then they are a residence. Mr. Jordon quoted a court case from 1917, the man being noted as not having a residence because he was a traveling salesman, requested a place of residence for himself , not some other person asking this. Mrs. Fulgham then told the council that she had pictures of their home for them to see, I feel this is an invasion of our privacy and do not appreciate this. Some of my neighbors are very appalled that Councilwoman Donovan called and wanted them to say Joe and I did not live here. I have called Councilwoman Donovan and asked her to come to coffee and then she could see that we still live here. Councilwoman Donovan declined my invitation. Mrs. Fulgham ask the council if any of them had questions. Councilman Trimble wanted to know what their intent is. Mrs. Fulgham said they had bought her old home place but there is nothing in this house, when we finish the house, the boys and I will be moving, but if the council says I must stay here for Joe to stay on this council , then I will stay in Wylie. As a family intent, Joe will stay here in Wylie and the kids and I will be moving when the house is ready. Councilman Westerhof said the question come up because the Fulghams had bought this home in another city. Mrs. Fulgham said she has never lied to anyone and she does not intend to lie now. Councilman Trimble said he did not intend to bring this up again, he just wanted to clear the air. Councilman Westerhof said he realizes this is an embarrassment, the arrangements of your living are your on business, for my wife and I , we could never live this way. I respect you, Mrs. Fulgham, and I do believe you and what you have said. Councilwoman Donovan said they have covered the questions, but you must realize this was a council action, not just mine. It is not my intention to invade your privacy. Mr. Ray Mullins said he has known Dr. and Mrs. Fulgham since 1970, I preached to a little congregation, Joe and Dale were . married then, and they are not like most people. They are two individuals and they are very much a family. If they want two homes, it is not uncommon , a commitment should be between two people and God. Mrs. Martha Oliver 810 Hensley Road, the people are calling You and asking these questions, where are they. Councilman Trimble said some are in this room. Mrs. Oliver said Dale has talked about buying her old home place for several years. Mr. John Pierrel 604 Stoneybrook, said he was appalled at the action of this Council . The citizens have elected you to conduct the business of the City. I feel you owe Mayor Pro Tem Fulgham and the citizens of Wylie an apology. Ceilia Woods 515 Woodhollow, said she has lived in Wylie forever and I have heard a rumor about three weeks ago, I ask Dr. Joe if he was leaving Wylie. He said no, there are newcomers in Wylie who do not come out and ask questions, but go to the Council persons asking questions. Councilmembers Donovan, Trimble and Westerhof have not been in Wylie as long as I have, but they can learn how to keep the lid on things. Jill Tomek of 511 Rustic Place, said she was new and was real excited about moving to Wylie, Wylie is not what it was and you have to except change, but this is appalling how ` this was handled. You must work together and accept change' Mr. Fred Ouellette 407 Woodhollow said he was not going to get up at this time, but this needs to be said now. It is upsetting , the name calling of others, and Wylie is the laughing City of the metroplex . It is time for Wylie to get its act together and fill the council positions, make a decision about the City Manager and get on with City business. Mr. Ouellette suggest that Wylie stop everything (annexation, zoning, building permits, etc) until all council seats are filled and the Council has decided on the city manager. Mayor Pro Tem Fulgham said the council could call him out of order, but they had put him through this and he was going to speak. When you read about Paul in the New Testament, he left cities in turmoil , the reason was one person felt they were better then others. Mayor Pro Tem Fulgham quoted from 1 Corinthians Chapter 13 and how it teaches love for one another. The Council used to have respect for one another, we have never agreed 100%, I have had disagreements with Council members and Mayors, you must go to the person and find out the truth. Mayor Pro Tem Fulgham said he had nothing to hide and he would not lie. He hopes to have this Council have respect and love for the City of Wylie. Councilman Westerhof said he was sorry for the embarrassment. Councilman Westerhof made a motion to state that Mayor Pro Tem Joe Fulgham was qualified to continue in office. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and �^�' Councilwoman Donovan - in favor. This motion carried with all in favor. APPOINT PERSON TO FILL PLACE 5, OATH OF OFFICE AND ELECT MAYOR PRO TEM: Since the qualifications of Mayor Pro Tem F -ulgham were proved to be valid, these items were pulled from the agenda. PUBLIC HEARING ON PROPOSED TAX RATE OF FORTY-NINE PER $100.00 OF ASSESSED VALUATION: The tax rate for Wylie is remaining at . 49 per $100. 00 of evaluation. Mayor Pro Tem Fulgham opened the public hearing. Mr. Fred Ouellette 407 Woodhollow said the U. S. Government has a high deficit, the State of Texas is in financial trouble, Dallas is in trouble and raising taxes. Has the Council looked at the budget and feel this tax rate is sufficient. Mayor Pro Tem Fulgham said the council has had a work session on the budget and we feel it is very conservative. Councilman Westerhof said he was surprised at the low budget and the department heads presentation of what they wanted which they did not get. This budget does not have all the bells and whistles. Mr. John Pierrel 604 Stoneybrook, wanted to know what the value increase is on the assessment. Mr. James Johnson, Finance Director said there was an increase of $6, 540, 000. valuation over last year, which most is new construction. There being no other questions, Mayor Pro Tem Fulgham closed the public hearing. PUBLIC HEARING ON THE ZONING OF 320. 9 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688: This property is located on the north side of E. SH78 east of Eubanks Lane and surrounding the site for the new Municipal Complex . The request for zoning is for Industrial , Business 1 , Townhouse, Multi-family, Single ' Family 2 and Single Family 3. Mayor Pro Tem Fulgham opened the public hearing' City Manager Gus Pappas said this is the tract of land across from Steaks Over Texas. The Planning and Zoning Commission recommends approval with the stipulation that two retail sections be added next to the Municipal Complex site on the east side and the west side. The staff and Planning and Zoning Commission recommends the follows zoning: Business 1 82. 97 Acres Retail 12.00 Acres Multi-family 21 . 21 Acres 41 Acres 19 Townhomes . Single Family 3 134. 77 Acres Single Family 2 8. 89 Acres Industrial 41 . 65 Acres A total of 320. 90 Acres. City Manager Gus Pappas said this zoning proposal does mirror the tracts across the highway. Mr. Andrew Snow 315 S. First wanted to know what kind of impact this is going to have on the City. City Manager Gus Pappas said the City has a subdivision ordinance which has regulations for the developer to follow in putting in the water/sewer lines and the concrete streets. The City also collects an impact fee of $500.00 per household. If a restaurant or dentist office goes in, then they will pay a larger impact fee, this fee is based on the impact the business will have on the water and sewer service. The single family homes alone on this tract of land would generate $500, 000. from impact fees. Everything that can be ^/ done has been done in order that the developer pay for their developments and impact on the city. Mr' A. G. Snow 315 S. First asked if these fees where based on todays prices. City Manager Gus Pappas said the fee for streets was done by ordinance about one year ago, but most of the developers are putting in their own streets due to the supplies dropping in price. These fees are done by ordinance and can be changed at any time the Council so wishes. Mr. Snow said what about in ten years. City Manager Gus ' te streets should last for 20 Pappas said the concrete years and water/sewer lines are being inspected as they are laid. The only service would be police. Mr. John Pierre]. 604 Stoneybrook wanted to know if building permits would be issued on this property without sewer hook UPS. City Manager Gus Pappas said the City evolved a policy some time ago to try and take care of the growth. There are times the City will have the developer put in a larger size line. This will keep the City from having to lay larger lines in the future and the City has also developed lift station districts so that the City will not have 30 or more lift station all over town. Each developer pays toward the construction of these lift station. This is a good plan except for what to do in a growing City prior to the lift stations being put in. The Council has asked the developer to pay this lift station district fee up front so we can try and install the main line to their development. The other thing is to pump. The City got caught in trying to move sewer without costing the City. At the time the City made a decision to pump, we did not realize the pumping would last as long as it did. We also found we needed another immediate solution. The City has come up with a system which has been approved by the State. Using grinder pumps and reusable sewer lines for temporary uses. This line can be put in the ground and after the main line is in, you dig up the temporary line flush it and move it to another area where it is needed. However, this development we are zoning know, will be able to go directly into a line to Rush Creek Lift Station which is already working. Mr. Jim Feivor 315 Callie Court wanted to state that he does not believe the zoning mirrors what is across the highway. City Manager Gus Pappas said across the road on the road frontage is Business -1 , which will be on both sides of the highway if this zoning passes. Mayor Pro Tem Fulgham said the Council has spent hours with the master plan for Wylie. This plan does change each year. Mr. Feivor said he does not agree with the zoning. There being no other questions or opposition, Mayor Pro Tern Fulgham closed the public hearing. APPROVE ZONING ORDINANCE FOR 320. 90 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688: This property is located on the north side of E. SH78 and east of Eubanks Lane and surrounding the site for the new Municipal Complex . The proposed zoning being recommended by Planning and Zoning Commission and staff is as follows: Business 1 82. 97 Acres Retail 12. 00 Acres Multi-family 21 . 21 Acres Townhomes 19. 41 Acres Single Family 3 134. 77 Acres Single Family 2 8. 89 Acres Industrial 41 . 65 Acres Motion was made by Councilman Trimble to approve and sign zoning ordinance for the 320. 90 acres with the above listed m� ` zoning which does include the stipulation of retail by Planning and Zoning. Seconded by Councilman Westerhof . The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. PRESENTATION BY REPRESENTATIVE OF A GROUP OF CITIZENS TO "REQUEST THE RESIGNATION OF COUNCILWOMAN SANDRA [X]NOVAN" . Mr. Kent Crane of 603 Butler Circle represents 467 citizens, this is not hear say or rumor, we present 467 signatures requesting the resignation of Councilwoman Donovan. We are peace loving citizens, we are embarrassed from what has happened since April when Mrs. Donovan was seated. The resignation of Mrs. Donovan would save us the expense and trouble of a recall election. Mrs. Olympia Margies 10 Lucy Lane is here representing the new citizens of Wylie at the Southfork Mobile Home Park. The petition before you consist of 147 signatures from the park alone requesting the resignation of Councilwoman Donovan. I am appalled at the way one person has disrupted our city government. We in Southfork chose Wylie to live and raise our children and our standards of living because of what we had seen and heard of the friendly home town. In the last four months we have seen one Mayor and three Council members resign. In no other town I have lived in, have I seen one resignation or such turmoil . This seems to due to one woman' s ambition rather than her working for the betterment of the citizens. Some of us at Southfork are now wondering if we made a mistake. We hope with her resignation and the council seats filled with concerned citizens working for and not against Wylie a better governing body will evolve. Thank you. Mr. William Martin 402 Hilltop, after seeing the agenda I felt that the future of the City of Wylie was in trouble. I would like to protect what other Councils have tried to do. No member of a Council can take a back seat to the plans they have put into force. Many hours have gone into ' planning in order to keep the tax rate the same. The impact fees where put in to help. I believe people do not understand this fee. The annexation plan was to protect the City from other cities trying to take boundaries that belong to Wylie. There was a time when people took pride in saying they served on the City Council , this has changed. In 78-79 there was great pride when Wylie went to State in football and with the Band. People were proud. This is not true any longer. I have people come to my office and business in Dallas and ask what is going on in Wylie, this is embarrassing. We have had issues in the past such as the airport, and I believe it is time for the citizens to take charge and get the City back to working as a City. I have lived in Wylie for 50 years and I take pride in Wylie. I want the people to say someone cared in 1986. Mr. Thomas Maynard 303 N. Jackson said he has been in Wylie for 55 years. My wife and I married here and raised our family. I do not like for people to come in and run the town down. When you go to other cities and they ask what is going on it is embarrassing. Since this one has been on the Council , there has been nothing but turmoil . I say lets move on, let Gus do his job, he works for the City of Wylie but every time he goes out to do something he is working for the people of Wylie. That is what you as Council members do, you represent the people of Wylie. So I am standing up here tonight asking Councilwoman Donovan to resign. I represent the Citizens of Wylie. Mr. John Pierrel 604 Stoneybrook said he had notice since Mrs. Donovan has been on the Council this Council has accomplished nothing. We do not elect people to disrupt things. I object extremely to having a public stenographer here when the City has its own secretary. I came before the City Council when there was a sewer and road problem in from of my house. This sewer problem caused the road to collapse, this was corrected and there was no publicity. It was done without problems. It is not right for a public official to think they have more authority than the citizens have given them. The constitution of the United States of America states this is a government of the people, for the people and by the people, so far I have not seen that. I have seen this is a form for one persons ambition and that all it has, we do not elect people for that, we elect people to do the business of the city without having to mass the entire city down here to see that it is done. Thank you. Mrs. Tina Sorrells 210 S. Fourth during the campaigning we heard many times the people backing you and supporting you during you campaign Mrs. Donovan said they wanted someone in there to get Gus Pappas out. We did not put you there for that reason. I for one did not vote for you, but if you are for the people and the City I will stand behind you. But if you are in for revenge, forget it, we do not need that, we have enough publicity without that. Mr. Fred Ouellette 407 Woodhollow said this is what he has been talking about. We need to go forward, we do not need to ask another person to resign. I do not believe she has been disruptive. Mr. A. G. Snow 315 S. First Street, the letter received from the post office, there should be names on here. Mr. Maynard said he would sign it. Mr. Snow wanted to know what violation has she committed. I would like to hear what she has done. Mr. Snow wanted to know if all the people that signed the petition was from place 6. The people from place 6 should be the only one to sign this, because they are the only ones she is representing. Mr. Snow was informed that the City does not have places at the polls. Mr. Snow still said that the people in place 6 was the only ones she represents. Mrs. Martha Oliver 810 Hensley Road said she was a realtor in Wylie. It was the second or third council meeting that Mrs. Donovan said she would stop the growth of Wylie. It has been done. I know you have backers who have done this. We need this town to grow. Mrs. Wanda Ellis 511 Hilltop stated that Mrs. Donovan was elected by all the people in Wylie, that is no place 6 at the voting poles, she is an elected official , she is not just place 6. The people of Wylie is who she is to serve. CITIZEN PARTICIPATION: Mr. Kent Crane 603 Butler Circle ' asked to respond to the above item. The people have brought an item to the Council . It is up to the Council as to how to respond to this item. I do not want to discourage anyone or to cause this to be an emotional issue. It is a request from the 467 citizens of Wylie asking for Mrs. Donovan resignation. Mayor Pro Tem Fulgham called for a ten minute recess. Mayor Pro Tem Fulgham called the meeting back to order. PRESENTATION BY HOMER E. MINYARD TO REQUEST DE-ANNEXATION OF 4. 95 ACRES AND THE APPROVAL OF DE-ANNEXATION ORDINANCE: This item was requested by Mr. Minyard to be pulled from this agenda. It may appear at a later date. APPROVAL OF " INTERLOCAL JAIL SERVICES AGREEMENT" WITH COLLIN COUNTY: Chief Abbot is suggesting that this agreement not be signed until further discussion has been made with Collin County officials. The Chief has stated that $55. 00 per prisoner per day or any part thereof is an excessive amount to charge for services already paid for by the taxpayers. I do not think the City should be charged the full amount when most prisoners arrested on city charges make bond immediately after booking process which takes one person approximately 10 to 15 minutes. If the County insists on charging for arresting and booking persons on city charges, I think we should check with our city attorney to see if we would be able to charge the County a like amount for all persons arrested by this department on county warrants since we are also faced with the same responsibilities and liabilities. I think the only time the City should be responsible for this charge is when a person is committed to jail after due process, for the purpose of serving time in lieu of paying his fine. I recommend that the City not enter into this agreement until it has been amended to eliminate charges for merely arresting and booking prisoners. Motion was made by Councilman Westerhof to grant authority to Chief Abbott and City Manager Gus Pappas to talk with the representatives from Collin County about the charges listed in this agreement. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF PAYMENT OF OVERSIZING COSTS IN EASTRIDGE ADDITION: The public improvements in this subdivision were accepted by the City some time ago, however, the billing for the oversizing cost, requested by the City, have just recently been presented to us. The Engineering Department has reviewed these charges and recommend reimbursement be made to Karl Holder, developer of Eastridge Addition, in the amount of $11 , 952. 11 . Motion was made by Councilman Westerhof to approve payment of oversizing to Karl Holder in the amount of $11 , 952. 11 . Seconded by Councilwoman Donovan. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF AMENDMENT TO PLANNED DEVELOPMENT SPECIFICATIONS FOR STONE GROVE PD: The developer of Stone Grove PD has requested this item be tabled at this time. Motion was made by Councilman Westerhof to table. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. TRAFFIC CONTROL DEVICE FOR ALLEY BETWEEN WOODHOLLOW CT, DOGWOOD CIR. AND BUTLER CIR. : This alley is being used as a thoroughfare due to the fact there is no north/south street in the area. The traffic is a problem and the residents are requesting some traffic control in the form of speed bumps, a one-way designation, or any other device that will control the traffic and the speed through this alley. City Manager Gus Pappas said the property owners understand that this is a public alley and cannot be closed off , but the city could make it one way or install speed bumps. Mayor Pro Tem Fulgham wanted to know about the liability if this was done' City Manager Gus Pappas said the last time he checked, an alley could be controlled in this way. Councilman Westerhof would prefer speed bumps instead of making it one way. Motion was made by Councilman Westerhof / to install speed bumps but not in front of driveways. Seconded by Councilwoman Donovan. Mr. John Pierrel 604 Stoneybrook said speed bumps have been installed in the alley behind his home. These have caused a number of repair bills to his car. Councilwoman Donovan asked for his suggestion. Mr. Pierrel said he did not know but maybe not as many speed bumps. Mr. A. G. Snow 315 S. First wanted to know why not put in all way stop sign. Mr. Morris Love 308 Stoneybrook said speed bumps need to be high enough to correct the speed and big enough to be effective. Mr. David Stephens 303 Woodhollow Ct. wanted to know if you could close the short loop from Butler Cr. into the alley. Kent Crane 603 Butler Cir. said if you put speed bumps on the alley the through traffic will move to another alley. Motion was made by Councilman Westerhof to amended his motion earlier to authorize the City staff to look into the best way to control the alley within 30 days. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor , Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AUTHORIZATION FOR CITY TO BID UNIFORM SERVICES FOR FY ' 86- 87: The City' s contract for uniform services is due to expire and the staff needs your approval to seek bids for this service. Motion was made by Councilman Westerhof to grant authorization to go out for bids for uniform services. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. ACCEPT/REJECT STREET RECONSTRUCTION FOR BIRMINGHAM BETWEEN SH78 AND KIRBY STREET: This item is place on the agenda at your request to determine whether or not the City should continue with plans to reconstruct Birmingham Street. We have broken this into two sections. The responses that have been received on this section has 23. 89% saying yes and 76. 11% saying no at this time. The WISD has requested the City not reconstruct this section of Birmingham until the school has completed their construction program at Hartman Elementary. The Independent Bank is favorable to this program but would also like to wait until the school construction is completed. Motion was made by Councilwoman Donovan to postpone this section of Birmingham Street until the school construction is completed. Seconded by Councilman Westerhof . The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. ACCEPT/REJECT STREET RECONSTRUCTION FOR S. BIRMINGHAM BETWEEN KIRBY AND S. BALLARD ST. : This item is placed on the agenda at your request to determine whether or not the City should continue with the plans to reconstruct this portion of Birmingham Street. The responses that have been received on this portion is 67. 18% yes, 26. 72% no. The City Secretary has received a letter from Mr. Bobby Roan, developer of the Meadows, located on the triangle formed by Birmingham, Stone and S. Ballard, releasing a portion of the perimeter street money on deposit from his development for this project. The staff has also received approval from the residents of Riverview Ct. Motion was made by Councilwoman Donovan to begin work on this section of the reconstruction ^� � program of Birmingham Street between Kirby and S. Ballard St. and to send out letters for Stone St. between Birmingham and Ballard. Seconded by Councilman Trimble. The vote was as follow : Mayor Pro Tem Fulgham - in favor-. Councilman Trimble - in favor , Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF PLANS FOR SANITARY SEWER IMPROVEMENTS ON EUBANKS LANE AND SH78: Detailed construction plans have been completed by our Engineering Department for a sanitary sewer line to be constructed along a portion of SH78 and down Eubanks Lane that will serve a large area of that portion of the City and will tie that sewer service into Rush Creek Lift Station #1 . Businesses along this area have agreed to participate financially in this project and the City will also have some responsibility for participation. The Council needs to approve the plans for this project. Upon the Council approval , the staff will send out letter for the easements needed in order to begin work on this project. Motion was made by Councilman Westerhof to approve the plans for the sanitary sewer improvements on Eubanks Lane and SH78. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AUTHORITY TO GO OUT FOR BIDS FOR SANITARY SEWER IMPROVEMENTS ON EUBANKS LANE AND SH78: The City staff does not recommend doing this project "in house" . We simple have neither the time nor the manpower. Motion was made by Councilwoman Donovan to grant authorization to go out for bids for sanitary sewer improvements for Eubanks Lane and SH78. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. COUNCIL DISCUSSION: City Manager Gus Pappas wanted to let the council know that they will be receiving a memo in regards to the Sam' s case and also that the arsonist who has been causing a number of fires has been caught and you will receive a follow up memo on this. As of today, Quail Hollow sewer system is on line and flowing by gravity into Rush Creek Lift Station #1 . Councilman Westerhof wanted to thank everyone for coming to the Council meeting and expressing their opinion of the items on the agenda. He challenged each one to go forth with one word "unity". Councilman Westerhof said each person has different opinions but that does not mean we cannot work together. Everyone is concerned and lets work together and make this a nice City to live in. Mayor Pro Tem Fulgham called on Mr. Fred Ouellette. Mr. Ouellette said he made a statement about stopping everything he would like to restate that building permits not be stopped and that the present City Manager be retained. APPROVAL OF CONTRACT FOR TESTING AND MONITORING SERVICES FOR INDUSTRIAL DISCHARGE: This item was tabled at the last meeting for further study. As requested by the Council , a letter was sent to NTMWD requesting their response to this proposal . The Council should be aware that this monitoring needs to commence as soon as possible along with the passage of the recommended ordinance which TALEM, Inc. has successfully written and defended in court in other communities in this area. We need to move on with this program in order to satisfy the requirements of the EPA and promises we have made to the Texas Department of Health. /l Councilwoman Donovan said the Council requested three bids. City Manager Gus Pappas read out the three responses received from the information letters that were mailed out' These responses had with them a price list that is used by their firms. There were six packets sent out, but only three responded. Mr. I . W. Santry, Engineering Department, stated that staff recommends TALEM, Inc. . This is a professional service but your normally do not bid professional services. City Manager Gus Pappas said in this type of service your receive a price list and you pay for what you ask for. Mayor Pro Tem Fulgham said his understanding of this is the same as hiring a City Attorney, we are not bidding a project, but requesting a service that we will ask them to give us a recommendation on than follow up on the services we need. Motion was made by Mayor Pro Tem Fulgham to award contract to TALEM, Inc. . Seconded by Councilman Westerhof . The vote was as followS: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor , Councilman Westerhof - in favor, and Councilwoman Donovan - in favor' This motion carried with all in favor. Mayor Pro Tem Fulgham called for a motion to go into executive session to discuss personnel matters to review the performance of the City Manager. City Manager Gus Pappas waived his rights to the executive session and requested the review be held in the open meeting. Mayor Pro Tem Fulgham said the review of the City Manager was for t�e Council . Mayor Pro Tem Fulgham said he has worked with seven city managers. He has not always agreed with Mr. Pappas, and has given him a lot of questions. Mayor Pro Tem Fulgham said he has asked Mr. Pappas to run the City as he is instructed by Council . To the best of Mayor Pro Tem Fulgham' s knowledge, Mr. Pappas has done what he was told to do. Mayor Pro Tem Fulgham said he has tested Mr. Pappas on several occasions and Mr. Pappas has done what he was told. Mayor Pro Tem Fulgham said he has voiced his opinion to Mr. Pappas about his weaknesses. There have been people who felt he was being rude by his presentations. Mr. Pappas apologized to these people. Mayor Pro Tem Fulgham said he appreciated the fact the citizens were concerned about the Council , City Manager and the city staff. The City staff from the top and all the way down has been mistreated by the media in the past. If a citizen has a complaint come to the Council instead of the new paper. Mayor Pro Tem Fulgham said for his personal stand, as long as Mr. Pappas does what he is told to do, then he can work with him. Councilman Westerhof said not to repeat things, but the City Manager works for the Council and right now we are working on rocky ground. We need to move forward. Councilwoman Donovan said she goes along with what Councilman Westerhof said but we were elected by the citizens and there should be a little respect. These people need to put their name on the Council ballot. Councilwoman Donovan addressed Mr. Pappas that the council should get treated for who they are not who they represent. City Manager Gus Pappas said it is the City Managers job to direct information to the Council and often must make decisions on matters that the Council has not addressed. This was easy five months ago. It was possible by discussion to make these decisions. I have brought before this Council ordinances and policies which I have no choice but to proceed with unless these are changed. None of these documents have been changed. I do work for the City Council , a majority of the council , no one council member- should come and made demands of me. I feel the other council members would be angry over this. �� City Manager Gus Pappas said he would challenge anyone here to the fact that he has not done what the Council has said to do. Mr. Pappas said he did make recommendations, because that is why he was hired. It is to easy for you to take the heat and me just sit here. If this council does not want me to make recommendations, put this as an item on the agenda and if the majority votes for it, I will not make any more recommendations. City Manager Gus Pappas said it was hard for him to work with someone who has vowed to fire him. It is his belief that this person does not want to learn to work with him and it is tough to be nice to that person. It must be difficult for that person and I have also given the respect to that position. Any member of any Council has always been treated with common courtesy, I have always said yes sir, no sir, and I have never or will never call a council member by their first name. I believe that respect is something an individual earns. Anything this council wants done will be carried out if that is what the majority wants. I do not believe at this time there is mutual respect, maybe in time. Thank you. TERMINATION OF CITY MANAGER: Mayor Pro Tem Fulgham called for a motion on this item. There was no motion or second to this item. APPOINTMENT OF TEMPORARY REPLACEMENT FOR CITY MANAGER: Since there was no action taken in the termination of the City Manager, this item does not need addressing. Mayor Pro Tem Fulgham said he would like to thank and voice his appreciation to the citizens for coming to the meeting' We have meetings twice a month and would welcome you to come and learn what is going on. Tell us if you like for we are doing and tell us if you don` t like for we are doing. ' Motion was made by Councilman Trimble to adjourn. Seconded by Mayor Pro Tem Fulgham. All were in favor. Joe Fulgham, Mayor Pro Tem ATTEST: Carolyn Jones, City Secretary MINUTES PLANNING & ZONING COMMISSION CALLED MEETING THURSDAY, AUGUST 28, 1986 The Planning and Zoning Commission for the City of Wylie, Texas met for a Called Meeting on August 28 1986 in the Conference Room at City Hall . 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, Fred Ouellette, Ben Scholz , and Ken Mauk. Those absent were Vice-Chairman Brian Chaney, Bill Chapman and J. F. Hall . Representing the city staff was Gus H. Pappas, City Manager; Roy Faires, Code Enforcement Officer; and Amanda Maples, Secretary. The meeting was called to order at 7: 30 P. M. by Chairman Kent Crane. ITEM NO. 1 - CONDUCT A WORKSHOP - A. DISCUSS ORDINANCE PROVIDING REQUIREMENTS FOR PARK LAND DEDICATION - Code Enforcement Officer Roy Faires presented an ordinance previously adopted by College Station and passed through the Supreme Court. Fred Ouellette asked how long this ordinance and been enforced in College Station. Mr. Faires said that it was adopted about 3 years. Chairman Kent Crane asked Mr. Faires to explain section 6E. Mr. Faires explained that F Z would get a recommendation from the Parks Board concerning the dedication of land from the developers. If P&Z makes an overriding decision then it would take a concurring vote of at least 5 members. Mr. Pappas stated that both boards are making recommendations to the City Council and the Parks Board should not be under the P°:Z. We should make the Parks Board a part of the process at the Preliminary Plat level , if there are no significant changes between the Preliminary Plat and the Final Plat then it wouldn 't have to go back to the Parks Board. Chairman Kent Crane said that we are all talking as if we are going to adopt this ordinance, is this what we all really want , do we feel that this will be benificial to the City? Ken Mauk said yes, we need to adopt this otherwise we might not be able to get the park land that we need and we would be at the mercy of the developers. Chairman Kent Crane said that we already have a number of good sized parks comming our way and having the money to buy equipment and money for developing these parks concerns me. Mr. Pappas stated that this ordinance will create some flack from the developers, not because of the dollars but because of the land dedication. We are getting a lot of good parks but not flat land for ball fields nor the money to develop them. Ball diamonds cost about $200,000. 00 per field, picnic areas are cheeper but still costly. Chairman Kent Crane said that he would like for the City to be able to say that they wanted the money instead of land if the money is /4/ what we need most. Mr. Roy Faires said that the proposed ordinance provided that , if the land dedication requirement was under 5 acres. Chairman Kent Crane asked if the funds would be held in escrow and audited. Mr. Gus Pappas said yes. Chairman Kent Crane then asked what the expense per unit amounted to. Mr. Pappas said that it amounted to about $225. 00 per living unit but we need to provide a catch for apartments. Fred Ouellette said that we could charge them the maximum of 17 units per acre for Multi Family. Chairman Kent Crane felt that this would be unfair if the builder did not get to build 17 units per acre. Mr. Ferris said that we could set a flat rate to charge them and then adjust it 90 days after the Certificate of Occupancy is issued. Mr. Pappas asked why this ordinance did not address Commercial property? Mr. Faires stated that Commercial property would not justify a park and that is the whole point of this ordinance. The people whose property is being charged against will have use of the park, Commercial has no resident useing the parks. Chairman Kent Crane asked Mr. Pappas if he had any idea how much money this ordinance would generate? Mr. Pappas calculated that by the time the City reaches it boarders in about 10 years it should have generated in the area of 12 million dollars. Mr. Faires said that we needed to set a cut off date or a start date to begin this ordinance. Chairman Kent Crane stated that after the P&Z had finished their review of this ordinance he would like to send it before the Parks Board for them to review. Fred Ouellette stated that this was good , that it was a hidden cost the home owners really wouldn 't see. Chairman Kent Crane stated that from this review he had gained a general outline of the ordinance. He would like to send it before the Parks Board for their review and meet with them at a later date for a workshop to discuss any recommendations that they may have. Fred Ouellette said that he would like to put Items B and C on the agenda for the next P&Z meeting. ITEM NO. 2 - RECESS WORKSHOP - Chairman Kent Crane recessed the August 28, 1986 workshop of the Planning and Zonning Commission. ITEM NO. 3 - CONVENE REGULAR SESSION - Chairman Kent Crane convened the Regular Session of the Planning and Zoning Commission. ITEM ND. 4 - AMEND ZONING ORDINANCE RELATIVE TO COMMERCIAL USES - Consider recommendation to the City Council for amendment to the zoning ordinance relative to uses in commercial zonings. Ken Mauk made a motion to table this item. Fred Ouellette seconded the motion. Motion carried 4-0. /_'SJ ITEM NO. 5 - RECOMMENDATIONS TO THE CITY COUNCIL CONCERNING THE PARK LAND DEDICATION ORDINANCE - Consider recommendation to the City Council relative to the Park Land Dedication Ordinance. Ken Mauk made a motion' to table this item. Fred Ouellette seconded the motion. Motion carried 4-0. ITEM NO. 6 - RECOMMENDATION TO THE CITY COUNCIL ON ADOPTION OF THE LAND USE PLAN - Consider recommendation to the City Council on adoption of the land use plan. Ben Scholz made a motion to table this item. Ken Mauk seconded the motion. Motion carried 4-0. ITEM NO. 7 - ADJOURN - Ben Scholz made a motion to adjourn the Called Meeting of the Planning and Zoning Commission on August 28, 1986. Ken Mauk seconded the motion. Motion carried 4-0. Kent Crane, Chairman Planning & Zoning Commission Respectfully Submitted: Amanda Maples, Secretary / 4 AUG 2 91986 :w j, LIJO l OFFICE OF THE GOVERNOR MARK WHITE STATE CAPITOL GOVERNOR AUSTIN, TEXAS 78711 August 26, 1986 Greetings: Since last fall , a Saudi Arabian led faction of OPEC has driven the price of oil down to levels which can no longer adequately sustain our domestic petroleum industry. Drilling and exploration have come to a virtual standstill , and even many producing wells are being shut in because they are no longer economical . As domestic oil production declines, imports will increase, and by 1990 may account for as much as 50% of our needs. Since the nation's military is our largest consumer of petroleum products, this increased import dependency will have a direct impact upon our defense capability. Without a dependable source of fuel many of our sophisticated bombers , tanks, and ships could be rendered useless. I have called upon the President and Congress to impose a temporary vari- able tariff on imported crude oil and refined products because of the direct threat to our nation's security from this Saudi Arabian led market share strategy. Furthermore, we are now also beginning to see more clearly the potentially devastating effect which low oil prices will have on the value of local property tax bases. The effect will accelerate greatly as we enter the 1987 tax year. Thus, the need for a temporary variable tariff on imported oil has become even more critical not only as a means to restore a floor of stability to stimulate renewed exploration and drilling efforts, but also to restore the value lost from taxable mineral properties. Therefore, with the cooperation of the Texas Municipal League, we are urging city governments throughout Texas to adopt resolutions in support of this oil import fee. I have designated Mayor Ralph Blodgett of Spearman and Mayor Mickey Smith of Kilgore as co-chairmen of this statewide effort. We have attached a draft resolution for your consideration and strongly urge that your city adopt this resolution and send it to the President and your Congressional Representatives, and send a copy to the Texas Municipal League's Office at 1020 Southwest Tower, Austin, Texas 78701. /7 Because this is a matter of considerable urgency for the nation's petroleum industry as well as local governments, I ask that your resolutions be adopted by September 30, 1986. If you have any questions or need for further assistance please feel free to contact us or the Texas Municipal League. Yours trul , i Mar 0;',% Yr.' hi to Governor of Texas Co-signed: )--111 0 V$) a- RI . Aq 3—):114g 1 iph odgett 4 Mickey Smith Mayor of Spearman Mayor of Kilgore MW:ck /( RESOLUTION WHEREAS, excessive U. S. dependence on imported oil has a direct negative impact on domestic oil producers, endangers national security, and erodes the value of state and local tax bases; and WHEREAS, numerous Texas municipalities are heavily dependent upon oil and gas property values for local tax revenues; and WHEREAS, a national policy that would require foreign producers to pay the costs of oil imported into the United States through an import fee system would lessen the local tax burden of American taxpayers, and WHEREAS, benefits of an oil import fee would not only reduce the erosion of value in local tax bases, but would also, (1) decrease dependence on foreign governments for economic and national security; (2) provide incentives to maintain and develop domestic reserves; and (3) maintain the momentum of concervation; therefore BE IT RESOLVED that the CITY OF WYLIE, TEXAS supports a "National Energy Security and Conservation Policy" which includes as its major component, an import fee to be applied to all crude oil and petroleum products imported into the United States. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, A HOME RULE, POLITICAL SUBDIVISION OF THE STATE OF TEXAS ON THIS THE DAY OF , 1986. Joe Fulgham, Mayor Pro Tem ATTEST: Carolyn Jones, City Secretary REQUEST TO BE PLACED ON AGENDA . Date For net _ _Jn_i i Agenda_ '��(�[ / /� _-- / 7 I . request that the following item be placed on the Ci t - Council Agenda. Consider: A'/' i.d.,!2/— /9 _AYJJ 6-/// dill" _Li...4 c,/ „L-61LL} 1-'t 6_,,,,ei J._ _ ,LA__ _1_,,,4/ 7 — /Th _ Reason for req, e=t : 1��_/�s / - _--- j____Zi) te.,L(LL,t,, ,__VL.e. _ _(_,A_- _,/4-,(12----lezzi-h- 0, L 11----de,-- ' -- ----A-4-p/1 -(2y-e-z2 Than:: You, Signature _.92_7_, ,/ ‘ ii'ZI7 d/ S eet C:e)i --(2 f Citiili/J__ Tea Zip Code 'AO - ` "? /1 / Phone Nuniber- ORDINANCE NO. AN ORDINANCE FOR DE-ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE SURVEY, ABSTRACT NO. OS) , UPON PETTION OF Mr,_HQMER_MTNYARTI____ WHEREAS, __Mr,Jiome lanyard has filed a written petition to de-annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such de-annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such Feet i ton for de-annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit: 4.95 Acres (Tr. 36) out of the R. D. Newman Survey Abstract 660 ORDINANCE NO. CONT' D. be received, de-annexed to, and made part of - and the same is hereby received, de-annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such de-annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE ___IaL__ DAY Of__SE ErR R 1986 . Joe Fulgham, Mayor Pro Tem ATTEST: Carolyn Jones, City Secretary ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE NO. 78-17 WHICH PRESCRIBES REGULATIONS FOR TRAFFIC (VEHICULAR AND PEDESTRIAN) IN AND THROUGH THE CITY OF WYLIE, TEXAS, SPECIFICALLY ARTICE V, SECTION 1, PARAGRAPH a "MAXIMUM SPEED LIMIT" FROM 30 MPH TO 25 MPH; PROVIDING FOR PUBLICATION, PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR SEVERABILITY. WE, THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS have determined the need for a change in Ordinance No. 78-17 , specifically Article V, Section 1, paragraph "a" which sets the maximum speed limit on any street within the corporate limits of the City of Wylie to read as follows : ARTICLE V - SPEED REGULATIONS SECTION 1 - GENERAL SPEED LIMITS a. Maximum Speed Limit - No person shall operate or drive any vehicle on any street within the corporate limits of the City at a speed greater than twenty-five (25) miles per hour, or on any alley within the corporate limits of the City at a speed greater than ten (10) miles per hour, unless signs which designate a different speed are erected in accordance with this Ordinance. THIS AMENDING ORDINANCE renders null and void ONLY that section which is specified herein and all other provisions of ORDINANCE NO. 78-17 remain in full effect and force within the City of Wylie. PUBLICATION: The caption of this ordinance shall be published one time in the official newspaper . SEVERABILITY: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are separable and if any phrase, clause, sentence paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance since the same would have been enacted by the City Council without the incorporation in this Ordinance of unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections. EFFECTIVE DATE: This ordinace shall become effective immediately upon publication of the caption in the official newspaper of the City of Wylie. PASSED AND APPROVED ON THIS THE DAY OF 1986 BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS. ATTEST: Joe Fulgham, Mayor Pro Tem Carolyn Jones, City Secretary NOTICE OF PUBLIC HEARING cThl TAX RATE The City of Wylie will hold a second public hearing on the proposed tax rate on September 9, 1986 at 7:00 P. M. at 800 Thomas St. in the Wylie Community Center. Carolyn Jones City Secretary Please furnish a publishers affidavit 4 REQUEST TO BE PLACED ON AGENDA r, tom• For next Council Agenda September 9 . 1986 I , request that the following item be placed on the Cit LOunci 1 Agenda. Consider: Presentation by Bertha Howrej requesting_ W. Butler be placed on the list for reconstruction but does not feel the financial responsibility should be borne by property owners because truck traffic has caused the deterioration of the street. Reef=_on -for request: Heavy truck traffic has caused deterioration of street and street has a "No thru truck traffic". ThctnY:. you. -4462 -C tikt ji•=1n_tture �'treet 'J,31 O gg er Ci y. Texas Zip Code Phone Number ��J V die CITY OP' WYLIE 114 N. BALLARD ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 A.r+ 2-7/ / 9-1c) DA Mr. Gus. Pappas City Manager City Hall Wylie, Texas 75098 Attention: Barbara Le Cocci, Administrative Assistant RE: _few /St4 #4 Y z f t_t.`P k `� Dear Mr. Pappas: The material attached is approved by the Engineering Department as being complete and acceptable for placement on the- next appropriate agenda. JRI Preliminary plat to Planning and Zoning EL Preliminary plat to City Council 0 Final plat to Planning and Zoning Q Final plat to City Council 0 Construction plans to City Council for construction approval only 0 Final plat to City Council for subdivision accev.ance along with final inspection statement Sincerely, I . W. Santry, Jr. , P.E. City Engineer IWS/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File RECOMMENDATION FOR APPROVAL AND ACCEPTANCE Project Name and Location: BU j'L`W g� /(Pe Clie.-7440 12 .4), "7,et A lete Date Started: /.�-/— ��' Date Com p Lab and other tests: / Streets: ,97/ T AlecP/)14Z/s ��[/s4 - Alleys: !j/A,fie Water Lines: ,,95 l3PP,ti /9eee' Wastewater Lines: A,.. Manholes: Drainage: 4 o c/ Stormsewage: 4 , We the under sign recommend the acceptence of this pr 'ect. -, Sub Division Inspector •gn Date City Engineer _• § 9-s--� Sign ate Director of Public Works S gn ate Accepted by City Council Date 19 Final Inspection Prior to (1 ) year Date 19 Sign Remarks: Date of Notification 19 Person or Persons Notified RECOMMENDATION FOR APPROVAL AND ACCEPTANCE , 1 , J Project Name and Location: 6)5 7,Cie.7, 7.q, f (warrAt i .AR4+-1 4,v 4-e3-e-) Date Started: -/S-5 Date Complete 3 "/5 - 84. Lab and other tests: Streets: .t/o we Alleys: ©u/e Water Lines: ,// 7 .5,47c,/ ,wd c' Wastewater Lines: ,444 wS Manholes: i66.045 Drainage: Alio ,,tod .4./)„r0.4Sc yPov.,,J 6.4,34 ? Stormsewage: ,,9w/E r We the under sign recommend the acceptence of this p ject. } Sub Division Inspector S gn Date City Engineer .,t-,W• '..---1 '�-� - S 6Sign Date Director of Public Works Si n Da e Accepted by City Council Date 19 Final Inspection Prior to (1 ) year Date 19 Sign Remarks: Date of Notification 19 Person or Persons Notified 21Y • , RECOMMENDATION FOR APPROVAL AND ACCEPTANCE , Project Name and Location: ��A h �-), •4Ai ►'+ U �o J �- to N rsie 4 S a e_e 2 frr- C dr. ) Date Started: .157' /c�— ?< Date Complete 7-30-8((, Lab and other tests: Streets: i(/Bau,F Alleys: id9AJ.e= Water Lines: /7// i 34£cam Y- 74;15 G////f4o-d Wastewater Lines: ,q// ,,ushalh/ °` 7;s74/76 Manholes: jen.e c-0' Drainage: lem9 d Stormsewage: ,/eve T We the under sign recommend the acceptence of this pr ect. / 7 p Sub Division Inspector 7-d —D� gn D J to City Engineer ti— Sign Date Director of Public Works S gn "Da;;44:://7 Accepted by City Council Date 19 Final Inspection Prior to (1 ) year Date 19 Sign Remarks: Date of Notification 19 Person or Persons Notified MEMORANDUM DATE: September =, 1936 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. , F'. E. , City Engineer SUBJECT: Water Line Over si c i ng or FM544 at Baughman , Vinson And Associates Attached please find a marked copy of a letter from Mr. Altis Powell , President of AAA Septic Tank Service, Inc. to Mr. Brian Vinson relative to the oversizing costs of making their water line in FM544 a 12-inch rather than an S-inch. Please note a number of charges including the elinimation of the sales tax factor. I feel the 250. 00 labor and warranty amount is reasonable. e- t that Baughman , Vinson and rf'lr_'r' E''-i'C'rE', I � �GiTii�i� "�� C +'O_! Associates, Inc. , be re-untied tha. ar oun 1T ti ,_G. i r m the Inpact Fund. rel 4 illtin. \ , -.. • • a ,zvio i afsia14,,(a X,,,,,it,„.,..., 5. • P.O.BOX 141 COPEVILLE.TEXAS 75018 (214)442.2122 (214)853-3272 April 28, 1986 Brian Vinson Rt. 1 Nevada TX 75073 Dear N.r. Vinso'n: In reference to our conversation of April 23, 1986, concerning the difference of price of 8" water pipe & fittings and 12" water pipe & fittings at property on the corner of 544 and Hooper in Wylie, Texas, please note the following: 8"PVC/C900 & Fittings Z`3z.oc.) 12"PVC/C900 & Fi ttius Difference 560'-PVC 4.70per' 2;682-.4$ PVC 10.36per' 5,801 .60 3, 119.20 1-12x8 reducer 167.40 167.40 1-8x8 cross 206.31 1-12x12 cross 446.40 240.09 3-plugs 32.00ea. 96.00� 3-plugs 68.22ea. 204.66'' n 108.66 270.83 1_vaallvMJtee 151 . 10 1-12x6 318.00 1-valve 630.00 630.00 312.00 3,453.81 3,�3 ' 7,5 20.89 '� L_4T067.oe- 6. 125% Tax d«,5--ts— 4{0.54- __7 249. 11 TOTALS 3,665 6 7,94.54 4,30i19 There will also be additional labor and warranty charges of $250.00. The total difference in Price is $4,566. 19. If I can be of further assistance, please let me know. Sincerely a /t4"'"P-1..-'192 Altus Powell President 4 (17.RCf Please Note: 4,'316. 19 Difference in 8" and 12" water pipe & fittings 250.00 Additional labor and warranty charges 41-56t711 Total Difference c 4 367. 1 ,e.s,z'"'6" Iplp • 14 " 4' T f v�� SPECIFICATION FOR FIRE FIGHTING CLOTHING MUST BE GLOBE ASTRA SUITS 22 Each - #3776 Astra jacket: 7. 502 Nomex 111 Aramid Shell , cotton/polyester, neoprene coated vapor barrier, spruce nomex quilt lining: Must include: Nomex Aramid Vapor Barrier Florescent Trim Suede Leather Elbow Patches Suede Leather Shoulders 22 Each - #4776 Astra Bib Overall : 7. 502 Nomex 111 Shell , cotton/polyester neoprene coated vapor barrier, spruce nomex aramid quilt lining Must include: Nomex Aramid Vapor Barrier 2" Florescent Trim around Legs Suede leather Cuffs Suede Leather Knee Patches All seams must be tape sealed to N.F.P. A. /OSHA requirements. Overalls and jackets to have zipper inclosures in conjunction with velcro. 22 Each Carins 660 N. F.P.A. Helments 22 Each N. F. P. A. Knee Boots ` SPECS FOR DRIVEWAY AT WYLIE SOUTH FIRE STATION 1 . Slab to be five (5) inches thick with steel bar reinforcement. 2 . North side slabs to be twenty (20) feet wide and one hundred thirty-one (131) feet long. 3 . South side slab to be twelve (12) feet wide and sixty (60) feet long and include 12 inch by 12 inch holes so drying rack for fire hose can be constructed at later date. Slab to be placed three (3) feet from building. Larry K. Allen /0/(ii , rate / / • �'3 1 /C 17 t`1'/ O A. 0n'i/lei 9 ----art ri I 1 I 1 i 1 1 I I i 4 &4. ..r 4 y.4& . 0�.. .2 -- ; NOV'r 5 ,?H. G*F gar "PON7'A/YAP/N� A /PL`�� Sint • F I i 1 /‘', '' A -,1- /- ,/ 1' \ 1 1") ( / / o i for iblarT12, spy,' o A I:- ; //' 1 . \i' . • II 1 . BU,/