Loading...
10-12-1982 (City Council) Minutes CITY COUNCIL MINUTES REGULAR MEETING OCTOBER 12, 1982 7:00 P.M. The Wylie City Council met in regular session at 7:00 p.m. on October 12, 1982 in the Tower Suite at First State Bank. Mayor Squires presided. A quorum was present and notice of the meeting had been posted for the time and manner required by law. Those in attendance were the Mayor, Mayor Pro Tem Martin, Council members Reta Allen, Geline Dodd, Percy Simmons, and Harold Eavenson, City Secretary Gail Wallace, Director of Public Works Brian Cowan, Police Chief Abbott, David Englemann, Kathryn McAnally, Melvin St. John, Harry Tibbals, Otis Davenport, William Neilon, Atty. , Marvin Thomas, Attorney for St. John, David Pauling representative of Central Appraisal Agency, and a number of Wylie citizens. City Manager was absent. Invocation was given by Mayor Squires. Mayor presented minutes of September 14 regular Council meeting, Special Meeting of September 27, 1982, and Planning & Zoning Minutes of September 30, 1982 and the accounts payable. He did request that an accounts payable item submitted by K. C. Swayze Construction be 'omitted from the accounts payable for discussion in Executive Session due to overrun of amount pre- viously approved. Motion was made by Councilman Eavenson to approve prior minutes and accounts payable with the exception of the statement from K. C. Swayze Construction Company. Motion was seconded by Councilwoman Dodd, all in favor. Old Business. Mayor requested clarification from Council on further con- sideration of proposed annexation of approximately 43.4 acres located south of Alanis Lane and Martinez Lane. Mayor advised that the two public hearings required by law had been held. However, at the second public hearing motion was made and carried by Council to table the matter for further consideration. Mayor inquired of Councilman Simmons if he had intended for this item to be an extension of the public hearing from the September 27 meeting. Councilman Simmons indicated his motion did reflect an intent to reopen the public hearing. Mayor Squires asked Council if it was their intent to reopen the item for public hearing. Councilwoman Allen indicated it should be reopened in order to hear both sides of the issue. For further clarification, Mayor and Council advised that only those with new facts would be heard. Mr. David Pauling, Appraiser from Collin County Central Appraisal Agency was asked to make a statement regarding the appraisal of mobile homes. Mr. Pauling advised that Central Appraisal would not make a statement pro or con concerning the contemplated mobile home park. He did state that mobile homes were appraised at market value using NADA standards. He also advised several factors were used to determine the appraisal on a mobile home such as size, type, age, and number of times the home has been moved, etc. Mr. Pauling also confirmed that mobile homes are now taxed as real property and not personal property. Mr. Melvin St. John advised that his attorney, Mr. Marvin Thomas would be speaking on his behalf in favor of the annexation. Also that Mr. Thomas would rebut figures presented at the September 27 meeting by Bryant Barry. Mr. Thomas presented a petition to the Mayor signed by approximately 260 citizens of Wylie in favor of the annexati;Qn o f the 43.4 acres to be developed into a mobile home park. Mr. Thomas also read letters he had received from Police Chief Abbott and Fire Chief Allen who advised that no additional personnel or apparatus would be necessary if a mobile home park of 269 units were added into the city limits. Mr. Thomas introduced Mr. Bill Neilon who gathered the statistical information which was presented next. Mr. Neilon's presentation indicated an increase in sales tax and ad valorem tax for the City of Wylie. At the completion of the above presentation, and after hearing citizen input, Councilman Simmons moved, with a second by Councilwoman Dodd, to approved the annexation of the 43.4 acres with the intended use as a mobile home park development. In favor were Council members Simmons, Allen and Dodd. Opposed were Councilmen Martin and Eavenson. The Council meeting was recessed for five minutes. Item 4. A public hearing was held concerning property owner participation in paving Mardi Gras and Memorial Streets. Out of 69 homeowners polled, only 46 had responded. Forty-three of the homeowners were in favor of the paving project (39 desiring asphalt and 4 concrete) . The Council had hoped to receive 75% response from the homeowners, which would indi- cate a majority of the homeowners. Some homeowners expressed concern regarding the City crews doing the asphalt work. They felt the work should be contracted to someone in the asphalt paving business. As a result, the decision on the street paving project was tabled in order to provide Mr. Cowan with the opportunity of preparing cost estimates for the homeowners, and to afford those homeowners who had not responded to the letter one last chance to do so. Motion was made by Councilman Eavenson to table the decision regarding the street paving of Mardi Gras and Memorial until the November 9 Council meeting. Motion was seconded by Councilwoman Allen, all in favor. Item 5. Mr. Joe George requested approval for final plat of Phase I , Trails Addition. Mr. Cowan advised the final plat was in order and had been approved by the Planning & Zoning Commission on September 30. Councilman Eavenson moved to approve the final plat for Trails Addition, Phase I. Motion was seconded by Councilwoman Allen, all in favor. Mr. George also requested a variance to Ordinance 82-13 to begin con- struction of Phase I simultaneous with the construction of streets and utilities. Mayor expressed concern regarding the variance as he and the developers and builders had worked together to prepare an ordinance which they could all work with. Following a rather lengthy discussion concerning the pros and cons of such a variance, motion was made by Council- woman Dodd to grant the variance, seconded by Councilman Eavenson. In favor were Council members Dodd, Allen, Simmons and Eavenson. Councilman Martin abstained. Harold Spence made exception to the granting of this variance. He indi- cated that the Council would not allow him to begin construction of his homes until the completion of his streets and utilities. He also indi- cated if the variance was allowed, he would expect to be given the same consideration at the next Council meeting. Mayor Squires asked if the motion and second stood. Council indicated it did. Item 6. A request for special use permit to allow a day care center at Oak and Jackson was discussed. It was noted that out of 13 notices mailed to nearby property owners, three had indicated opposition due to additional traffic and noise. It was the recommendation of the Planning & Zoning Commission to allow the permit. Councilwoman Allen moved to approved the special use permit, seconded by Councilwoman Dodd, all in favor. Item 7. Proposed Wrecker Ordinance was not discussed due to the absence of the two wrecker owners. Councilman Eavenson moved to table the decision on the Wrecker Ordinance until the Council meeting of November 9. Motion was seconded by Councilwoman Allen', all in favor. Item 8. Mr. Pinkus, owner of Nortex Nursery requested assistance from the City to obtain additional water. Mr. Pinkus advised that he was in the process of contracting the installation of a 4" line from his meter to his supply tank. He asked the City to install a 4" line from his meter to an abandoned water tank which is adjacent to the present 2" supply off of NTMWD's 14" line along FM 3412. Mr. Pinkus also asked the City to set up a pump on the abandoned water tank and provide constant pressure to the new 4" line. NTMWD had been contacted regarding Nortex hooking onto the 14" transmission line which runs along FM 3412. NTMWD contends that all of the water on that line is already committed and will not allow Nortex to hook on. NTMWD indicated they would reconsider the matter if Nortex Nursery could supply them with projected water usage. Mayor Squires recommended tabling the matter to allow Nortex time to submit their projected water usage to NTMWD, and to allow NTMWD time to respond. Councilman Martin moved to table the matter until the November 9 Council meeting, seconded by Council- man Eavenson, all in favor. Item 9. Capital outlay items for the Police Department in the amount of $4,000, which were included in the 1982-83 budget, were approved for pur- chase provided the payments were spread over a three month period. Council- man Eavenson moved to approve the purchases, seconded by Councilman Martin, all in favor. Item 10. It was the concensus of the Council that the speed limits should be lowered at the intersection of Hwy 78 and FM 544 at Kirby, on Hwy 78 by the new hospital site, and on Hwy 78 in front of Impression Center to Brown Street. Council requested this issue be placed on the November 9 Council agenda. Mayor expressed concern that citizens were having difficulty getting through to the Fire Department. It was the concensus of the Council and the Police Chief that City Manager and Chief should look into having the Fire Depart- ment line added to the Police Department phones. Citizen input. Tim Hemingway again stated his opposition to the annexation of the 43 acre tract of land to be used as a mobile home park. He then advised Council that the September 27 Council minutes had reflected all Council members were_ in favor of a variance to construct the First Baptist Church parsonage. He alleged a possible conflict of interest on the part of Councilman Simmons in voting on this variance. Mr. Hemingway also indicated a possible conflict of interest on the part of Councilman Simmons relative to the mobile home park development. Mr. Hemingway asked the Council to review the possibility of a conflict of interest with Councilman Simmons in regard to the mobile home park to clear the air on the issue. Councilwoman Allen advised that Councilman Simmons did not vote on the issue of the variance at the September 27 Council meeting, and that the minutes were incorrect. Mayor Squires indicated he felt the Council should go into Executive Session in accordance with Article 6252-17, subsection 2g, V.A.C.S. to discuss the matter with Councilman Simmons. Councilman Eavenson moved to go into Executive Session, seconded by Councilman Martin, all in favor. Council meeting was called back into open session. Councilwoman Dodd made a motion to approve the accounts payable item for K.C. Swayze Construction Company for the bid price of $2,680 and discuss the overrun with Mr. Swayze. Motion seconded by Councilman Martin, all in favor. Councilman Eavenson moved to adjourn, seconded by Councilman Simmons, all in favor. --� obe wires, Mayor ATTEST: a a 1 ce, City Secretary