02-08-1983 (City Council) Minutes CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 8, 1983
5:30 P.M.
The Wylie City Council met in regular session at 5:30 p.m. on February 8,
1983 in the Council Chamber at City Hall . 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 William Martin, Council members Percy Simmons, Geline Dodd and Reta
Allen. Councilman Eavenson was absent. Also present were City Manager
Lee Vickers, City Secretary Gail Wallace, Police Chief Royce Abbott, Fire
Chief Larry Allen, Assistant Fire Chief Mike Rawlings, several volunteer
firemen, Bill Kreymer, Don Kreymer, Tim Hemingway, David Engelmann from
The Citizen, Catherine McAnally from The Wylie News, Randall Gaston,
Dennis Kauffman, Bob Vincent from Texas Power & Light, Phil Roberts and
Jerry Yager representing Century Ready-Mix, Inc. , Ronnie Cole and Steve
Bramlett from General Telephone Company and Harry Carroll .
Mayor Squires called the meeting to order and advised that a bus was
waiting to drive all interested parties to the on-site public hearing
scheduled for the Birmingham Trust Land. He asked Mayor Pro Tem Martin
to preside over the on-site hearing. The meeting was recessed.
The meeting reconvened on-site at the Birmingham Trust Land. Mayor
Pro Tem pointed out the property line. He advised that Don Kreymer,
member of the Birmingham Trust Board, was present to answer any questions
relating to the property. Mr. Kreymer did state that the property was
being annexed for protection, and no zoning change would be requested
at this time. Mayor Pro Tem Martin recessed the hearing in order to
travel back to City Hall .
The meeting was called to order.
Mayor Pro Tem Martin verified to Mayor Squires that the on-site public
hearing had been held. There being no questions, Mayor Squires closed
the public hearing and called for a vote regarding the annexation.
Councilman Martin moved to annex the property as agriculture. Motion
was seconded by Councilwoman Dodd, all were in favor.
The accounts payable and City Council minutes dated January 11, 1983,
January 19, 1983 and January 22, 1983 and Planning & Zoning Commission
minutes dated January 13, 1983 and January 27, 1983 along with Board
of Adjustment minutes dated January 13, 1983 were all approved on
motion made by Councilwoman Dodd, seconded by Councilman Martin. All
were in favor.
Annexation Hearing - 3.974 acres, E.C. Davidson Survey, Abstract 266.
The first annexation hearing on 3.974 acres of land out of the E.C.
Davidson Survey, Abstract 266 was held. Mayor advised that Planning &
Zoning Commission had recommended that the property be annexed. He
also advised that he had been assured from the owners that the cement
plant to be installed at this location would be a clean plant run in
accordance with State regulations.
The public hearing concerning annexation of this property was opened.
There were no comments either for or against the annexation; therefore,
the Mayor closed the public hearing and called for a vote. Councilman
Martin moved to approve the hearing and schedule the second on-site
public hearing. Motion was seconded by Councilwoman Allen with all ---�
in favor.
The second on-site public hearing regarding the annexation of the
3.974 acres was scheduled for 6:00 p.m. on Monday, February 21, 1983.
The purchase of Fire Department rescue equipment and the hearing on
annexation of 7.038 acres of land were tabled until later in the
meeting.
Final Plat, Phase I , Kinsington Manor Estates. Mr. Don Kreymer pre-
sented the final plat for Phase I of Kinsington Manor Estates. Council
was advised that the final plat did meet all of the requirements of the
City. Councilman Martin moved to accept the final plat, seconded by
Councilwoman Allen. All were in favor.
Street Paving - Mardi Gras and Memorial . Mayor advised that prior
Council decision was that 75% participation was required in order for
the City to participate in the paving project for these streets. He
also stated that a determination should be made by Council whether or
not to continue discussions regarding this project without the required
75% response. City Manager advised that in order for the City to have
a binding contract with the residents, there would need to be 75%
voluntary participation. Without homeowner assistance, the only alter-
native left to the City would be to repair the street using seal coat.
Unless, of course, the City went into an involuntary street assess-
ment
program. City Manager explained that this process is a rather
lengthy process and did not recommend this procedure. Councilman
Martin made a motion that proposed contracts be sent out to the
residents on Memorial Street, who had responded by 75%, and that Mardi
Gras Street be patched. Motion was seconded by Councilwoman Allen.
All were in favor.
Request for permit to build duplexes. Don Kreymer presented a site
plan for property located west of Trails Addition on an unpaved portion
of Second Street. He was requesting Council permission to construct
a duplex on this property prior to improvements to Second Street.
City Manager contended that this property would be considered a devel-
opment and should meet the requirements of the subdivision regulation.
Also, that the portion of Second Street in question is not an improved
street and should be improved by the developers. Mr. Kreymer insisted
that the City should pay one-third of the cost to improve the street.
The major issue at hand was whether or not the section of Second Street
in question should be improved by the developers or if the City had a
one-third obligation. The Council was of the opinion that Mr. George
had committed to develop Second Street to Stone Street as part of his
development.
Mr. Kreymer advised he has willing to take the risk seeing that the
City may not have any obligation regarding the improvements to Second
Street, if the City would agree to issue a building permit for the
construction of the duplex. Mr. Kreymer acknowledged that he would
not be able to occupy the duplex without a Certificate of Occupancy.
City Manager advised Council he felt Mr. Kreymer was asking Council to
issue a building permit on a house to be built on unplatted piece of
land on an unimproved street that had no utilities. Mr. Kreymer argued
that the request was not for a development but for one permit for one
duplex.
The decision was tabled until the February 21st Council meeting in order
for answers to questions regarding Second Street liability to be deter-
mined.
Order for City Officers' Election. The Mayor ordered the City Officers'
Election to be held April 2, 1983 at the Methodist Church Annex Building
with Albert Masters acting as Presiding Judge for the election. The
City Secretary was appointed Clerk for absentee voting which will be
held from 8:00 a.m. to 5:00 p.m. beginning on the 20th day and continu-
ing through the 4th day preceding the date of the election.
Wylie Industrial Development Corporation. The City Manager explained
that the Wylie Industrial Development Corporation could issue industrial
revenue bonds which are tax exempt. The money from the sale of the
bonds could be used to build buildings or install equipment in factories.
Councilman Martin made a motion to appoint Cecil Hackler, Tim Hemingway,
and Albert Masters as the Board of Directors for the Corporation. The
Directors will serve three year staggered terms.
Zoning Board of Adjustment. The following appointments were made to
the Zoning Board of Adjustment:
Regular Members: Alternate f•1embers:
Nancy Conkle 2 years Art Harris 1 year
Richard Hampton 2 years Bill James 2 years
Anna Starnes 1 year
Kent Crane 1 year
William LeCocq 1 year
All members of the Board will attend any meetings called; however, only
the regular members will vote. Since 4/5's vote is required on any
zoning variance, in the event a regular member cannot attend, an alter-
nate member would be required to vote. Councilman Martin moved to
accept these appointments to become effective March 1, 1983. Motion
was seconded by Councilman Simmons with all in favor.
Certificate of Occupancy Procedure. Council was requested to consider
and approve a procedure under which an application for a certificate
of occupancy would be filed, after which various public safety inspec-
tions would be made. Corrections required to achieve code compliance
would be made and the certificate of occupancy would be issued. City
Manager recommended no decision be made at this meeting and requested
further discussion at a future meeting.
The Fire Marshal felt it was necessary to inspect rental property each
time there was a change of tenants. Also commercial property should
be inspected with each change in tenant, or change in use.
The Mayor felt that since the City was in the process of changing over
to the Uniform Building Code, a decision should be delayed until a
copy of the Uniform Building Code had been reviewed. It was agreed
that the Fire Marshal should be involved in plat review of subdivision
developments.
Annexation of 7.038 acres, W. D. Penny Survey, Ab. 696. A public
hearing was held on a request to annex 7.038 acres of land out of
the W. D. Penny Survey, Abstract 696. The proposed use of the pro-
perty was single family residence on the front three acres and
industrial for storage on the back four acres. There were no comments
regarding the annexation; therefore, the public hearing was closed
and a vote was called. Councilwoman Dodd moved to approve the annexa-
tion and set a date for the second on-site hearing. Motion was seconded
by Councilman Simmons. Motion carried with all in favor. Mayor advised
that the second public hearing would be held at 6:30 p.m. on Monday,
February 21, 1983 on-site of the property.
Rescue Equipment. Three bids had been received for the purchase of
Fire Department rescue equipment. The bids were as follows :
Ferrara Fire Fighting Equipment - $7,999.00; Texas Fire Fighters &
Safety Equipment - $9,461.15; Riggs First Line Equipment - $7,495.00.
Fire Chief Allen recommended bid placed by Riggs Equipment because
it did meet the Fire Department's specifications. Councilwoman Dodd
made a motion to accept the bid from Riggs First Line. Motion was
seconded by Councilman Martin. Motion carried with all in favor.
City Manager recommended that the City's share of the equipment be
paid out of General Revenue Sharing funds.
Departmental reports were received.
Mayor advised that Commissioner Hoagland was working on a project to
obtain Commissioner's Court ordinance making power for everything ...,,
outside the cities. They specifically wished to be able to control
the problems at Lake Lavon. There were concerns expressed by
Council regarding the County's ability to handle additional responsi-
bility. The Mayor agreed to obtain additional information from
Commissioner Hoagland regarding the area of powers he is seeking.
It was the concensus of the Council to place an order for City logo
decals for the City vehicles. The total purchase price of the decals
is $854.50.
City Manager advised that Mr. I. W. Santry, P.E. would be performing
engineering services for the City on a trial basis. If his services
are satisfactory, a contract could be entered into between the City
and Mr. Santry whereby he would charge only one time for his services
versus the 2.5 time charge presently used by Hogan and Rasor, who also
commended this arrangement.
Susan Allen, representing the Ladies Auxillary of the Volunteer Fire
Department, presented a petition to the Mayor requesting a referendum
to legalize bingo be included on the April 2 ballot. The petition
was handed to the City Secretary for verification of signatures.
Provided the signatures are valid, the referendum will be included
on the April 2nd ballot.
Councilman Simmons made a motion to recess into Executive Session, —+
in accordance with Article 6252-17, subsection 2G, to discuss per-
sonnel matters. Councilwoman Dodd seconded the motion, with all in
favor.
The request for a variance to permit construction of a duplex on
South Second prior to making street improvements was tabled until
necessary questions can be answered.
Proposed electrical permit fees was tabled until March 8, 1983.
Volunteer Police Unit. Chief Abbott requested Council approval for
creation of a volunteer police unit which would work in cooperation
with the Wylie Police Department. The volunteers would be certified
police officers who would work under the same rules and regulations
as the Wylie officers. The volunteers would supplement the regular
staff when needed. They would replace officers on sick leave, injury,
vacation, etc. They would be required to furnish their own guns,
however, the Chief recommended the City furnish one uniform, patrol
car, and necessary insurance.
Following a brief discussion on the volunteer police unit, Councilman
Martin moved to table the item to allow the Council to conduct a
workshop in order to further discuss the unit. Motion was seconded
by Councilman Eavenson. Motion carried unanimously.
Radio Broadcast Antenna. Ken's Communication had agreed to install a
90' antenna and contribute $1,000 of his own money if the City would
allow him to put his private antenna on top of it and allow him to
put his repeater at the Fire Department. The Fire Department agreed
to pay the remaining $950 cost of the antenna provided the City reim-
burse them. The City Manager advised that the money was not in the
budget this year but it could be appropriated in next year's budget
and paid after October 1. It was mentioned that the City would have
no liability for Ken's Communication equipment. Councilman Eavenson
made a motion to allow the purchase of the radio broadcast antenna.
Motion was seconded by Councilman Simmons. Motion carried unanimously.
Public Hearing on Request to Rezone 36 acres out of 43.401 acres for
Mobile Home Park. Mayor inquired of legal counsel whether the tie vote
of the Planning & Zoning Commission regarding the rezoning constituted
denial or approval of the rezoning. City Attorney Elliott advised that
based on precedence available the Commission's action was neither a
denial nor recommendation. Further, that the Commission is required to
make a recommendation to the Council . The Mayor recommended that the
issue be sent back to the Commission and that the City Council take no
action until they have received an opinion from the Commission.
Councilman Eavenson moved to go into Executive Session to discuss the
retention of a consulting engineer. Motion was seconded by Councilman
Simmons. Motion carried unanimously.
The meeting reopened into public session. Councilman Eavenson moved
to authorize the City Manager to prepare a letter of agreement to retain
Mr. I. W. Santry as a consulting engineer for the City of Wylie. Motion
was seconded by Councilwoman Dodd. Motion carried unanimously.
Mayor advised that during Executive Session charges were made against
him for misappropriation of City equipment and City funds. He also
advised that the charges would be made known in more detail at 6:30 p.m.
the next afternoon (February 22). The Mayor's response to the charges
was a request that the charges be made in writing and he requested a
public hearing after proper notice. He was also concerned that his
rights as an officer of the City had been violated due to prior lack
of knowledge of the charges and lack of sufficient notice of the 6:30
meeting.
Councilman Martin moved to adjourn. Motion was -conded by Council-
woman Allen. Motion carried.
.4110
AL ..-
Rober B "quires , Mayor
ATTEST:
Cai a ace, City Secretary
The meeting was called back into open session. There being no further
business, the meeting was adjourned.
obert . ires, Mayor
ATTEST:
• Gail Wa lac , i y Secretary