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