11-13-1984 (City Council) Minutes, 1
7,-.. MINUTES
REGULAR MEETING CITY COUNCIL
TUESDAY , NOVEMBER 13 , 1984
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7he '.:ylie City Council met in reular session on Tuesday ,
(_)vember 13 , :.) 4 at 7 : 00 2 . .. in the Council Chambers at
City ..all . hayor A'2:in presided . A quorum was present and
notice ci the meetin3 Nod seen posted for the tine and in
the manner recuired by law. Those present were hayor John
Akin , layer Pro 2em Don liuhes , and councilmen Percy
Simmons , -illiam liartin , Cleo Adams and Joe Fulham.
iepresentinr; the city staff were City lianar;er , Gus Pappas ,
C. .G . Joy Cairns , -)ublic ':.::.ors Director fill ::indham , Chief
of Police , Joyce Abbott and secretary , l=bara LeCocq . Also
in attendance were Larry Allen , Fire Chief , two
representatives from the fire department C=.1 other
interested citizens .
The mectiw; was called to order by layor Ahin who osed
Councilman Adams to ,Jive the invocation .
ITEM NO. 1 - APPROVAL OF MINUTES - There Lein no
corrections or additions to the minutes a motion was made by
hayor Lro Ten on ughes to approve the minutes as
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submittecl . Potion seconded by Councilman IThiham. ::iotion
carried 3, -0.
ITE-1 NO. 2 - CONSIDER RESOULTION SUPPORTING EXTENDED AREA
SERVICE FOR THE CITY OF ROCKWALL - This resolution is in
support of the petition of 1ioc. wall for e::tende arca
telephone service . Councilman hartin asl:ed how close the
• - city of T.ockwsll is to actually receiving this service . Cos
Pappas answered that it is in the infant stapes . 'There
l: einn no further discussion , Councilman Pulham made a
motion to authorize the : ayor to sin the resolution ..
supportinr, e::tended area service to the city of Rocb.wall .
Seconded by Councill-an ilartin . :otion carried 3-u .
ITEM NO. 3 - CONSIDER APPROVAL OF ANNEXATION ORDINANCE FOR
8. 85 ACRES OUT OF R. D. NEWMAN SURVEY , ABSTRACT 660 - This
property is located just west of Glen fnoll lobile ilome
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Jar- . hayor 7in ascd City hanaer Pappas for staff
comments . Jr . Pappas stated that time city had ased for a
statement of rlt-of-way across this propert7 and had asfted
for a committnent to participate in nnl:i up Alan Is a
thorout:hfare . An affirmative letter is on file with the
city from the owner . After some discussion a motion was
made by Councilman Adams to nuthori7,e the haver to sin the
annexation ordinance nains this tract of land a part of the
city of 1:i711e . .iotiou seconded by Councilman ilartin . All
in favor .
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ITEM NO. 4 - • CONDUCT PUBLIC HEARING ON THE ZONING OF 8.85 .,.,
ACRES OUT OF R.D. NEWMAN SURVEY, ABSTRACT 660 - This is
property located west of Ulen :moil Mobile home park . The
owner has petitioned for Industrial zoning designation .
bayor Akin opened the public hearing . There being no
comments from the floor , the public hearing was closed by
Mayor Akin and the item returned to the council table for
discussion . There being no further discussion layor Akin
stated this item needed no vote and the council would move
to the next item.
ITEM NO. 5 - CONSIDER APPROVAL OF ZONING ORDINANCE FOR 8. 85
ACRES OUT OF R. D. NEWMAN SURVEY, ABSTRACT 660 - Councilman
Nartin asked for an explanation of the vote (3-1-2 ) of the
Planning Zoning Commission . Cit na ger Pappas explained
that there had been some discussion at the Planning A Zoning
meeting concerning the industrial zoning_ close to a
residential area (mobile home park) . There being no further
discussion , bay or Akin said he would entertain a motion .
ihsayor Pro Tem Hughes made a motion to authorize the ;!ayor to
sign the zoning ordinance designating 3. G5 acres out of . . I7 .
Newman Survey , Abstract AGO as Industrial . Seconded by
Councilman Adams . motion carried 5-C .
ITEM NO. 6 - CONDUCT PUBLIC HEARING ON ANNEXATION OF 48 . 816
ACRES OUT OF ALLEN ATTERBURY SURVEY , ABSTRACT 23 - This is
the final public hearing on the property located on S .
Ballard adjacent to the new water tower . .:ayor Akin asked
City tanager Pappas to point out the property on the map .
The public hearing was opened by itayor Akin . There being no
comments from the floor , the public hearing was closed and
the item returned to the council table for discussion .
Since there was no discussion or questions , 'mayor Akin
stated that this item required no vote and the council would
move to the next item on the agenda.
ITEM NO. 7 - CONDUCT PUBLIC HEARING ON THE ANNEXATION OF
0. 146 ACRES OUT OF E.C. DAVIDSON SURVEY, ABSTRACT 266 - This
is the final public hearing, on the annexation of this
property located on 't . 'PM 544 and is commonly referred to as
the old Simmons place" . payer Akin asked City ,.Onager
Pappas to point out the tract on the city`map . The public
hearing was opened by i' c_yOr Akin . There beingno comment
nt
from the floor , the public hearing was closed and the item
returned to the council table for discussion . There being
no discussion , iiayor Akin stated that this item required no
vote and the council would move to the next item on the
agenda .
ITEM NO. 8 - CONSIDER APPROVAL OF ORDINANCE PROHIBITING
PARKING ON BOTH SIDES OF FIFTH STREET FROM OAK TO MASTERS -
gayer Akin stated that there Las been a problem for some
time in this area with parked cars constituting a hazard to
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--.. the safety of children alcyiny in the area . After brief
discussion Couneilnan Linmons nade a notion to authorize the
5fl1flt of the ordinance prohibitinn parking on the east and
west sides of Fifth Street between Cal: and Casters Streets .
The 7[:otion was seconded by Councilnan art in . .lotion
carried 5-0.
ITEM NO. 9 — CONSIDER APPROVAL OF ORDINANCE AMENDING MOBILE
HOME PARK ORDINANCE CHANGING "PUBLIC WORKS DIRECTOR" TO
"CODE ENFORCEMENT OFFICER" — Covor Akin stated that he felt
that this ordinance should contain the lanuane that would
allow the city nanaer to desipj-,ate the proper authority .
After some discussion a notion was wale by CounciL]an Thrtin
and seconded by Councii:dan Adans to a::Jenci the obile l:o:de
Park Ordinance chanEin "Public ','orks Director" to read
Code Enforcerent Officer or other desinated arent naned by
the City nanacr" . notion carried fi—O .
ITEM NO. 10 — CONSIDER APPROVAL OF PRELIMINARY PLAT FOR
ROCKY TOP DEVELOPMENT SUBDIVISION IN STEEL INDUSTRIAL PARK —
This is an eipht (3 ) acre tract in Steel Industrial Park
located on 12544 . layor dlk.in : sl:eI City lianaer Pappas for
staff conents . ii:. . Pappas stated that the subdivision
neets all city of Uylic reuireents includin streets built
to our criteria . lowever , the city will not accept Steel
_,..—. . oad because at present it does not ncot city standards .
:Zter ncetins with the owners , they ( the owners ) have
placed 2 letter on file with the city atatint noney uill Sc
placee in escrow for their portion to brin ,tee-1 Haat! 1_I tO
city specifications . Staff has no objection to the
subdivision as platted . , 17.. ter zone discussion , 2 notion was
:lade by nnyor Pro 'fen huhes and seconded by Couneilan
Iillf;han to approve The prelirAnary plat for Thcky Top
evelopnert Subdivision . ill in favor .
ITEM NO. 11—CONSIDER APPROVAL OF PRELIMINARY PLAT FOR NURRY—
WILLIAMS SUBDIVISION IN STEEL INDUSTRIAL PARK — layor Akin
asked City irancler ?appas for staff cenents . idr . Pappas
stated this subdivision neets all city requirenents and that
as in 'ten i:o . 10 a letter has icon placed on file :I.til Lbe
city fror:, the developer ::t;itmrII is intention to place an
propriate enount of noney Laos crow for his t :- ir share in
the iElprovenent of Steel oad . followin::; the discussion , a
notion was nade by Councilnan bulhan. to approve the
r plat for :.urry— illians Lubdivision in Steel
Industrial Psrk . iotion socondeci by Councilnan : dans .
hotion carried 5-0 .
ITEM NO. 12—CONSIDER AUTHORIZATION FOR NTMWD TO PROVIDE
TEMPORARY WATER SERVICE TO PROPERTY OWNER LARRY PARKER —
This property consists of 4 . C5 acres out of the Zrancisco
De La 'Sine Survey , Abstract 6ii:.: and is located on 511 75
north of ylie . nayor kin noted that this is the second
2,11(2:1 coca art : :an ; recently . Council=n nartin asked how the
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property owner and the ;m .fD will know this is only a ..,,,
temporary arranement . Gus Pap_ea s stated that the letter
from the city to T TIII.;D clearly states that this is
permission for temporary service and that the property owner •-
has been made aware that when the city of ;ylie has water
service in the area he will most likely be reciuired to get
service from the city and that in order to do so he will
probably be required to annex into the city . He also noted
that ;`1'i:WD does not desire to be in the business of
supplying water to individual customers and is anxious to
cooperate with the city in matters of this nature . There
being no further discussion , Councilman Fulham made
motion to authorize I E D to provide temporary orary water service
to 4 . 469 acres on 3k 18 belonging to Larry Parker . lotion
seconded by Councilman Adams . :HOtion carried 5-0.
ITEM NO. 13-CONSIDER AUTHORIZATION TO ADVERTISE FOR BIDS FOR
ARCHITECTURAL/ENGINEERING SERVICES FOR THE NEW CITY HALL -
' ayor asked for comments or discussion . After a brief
discussion knyor Pro Tem Hughes made a motion to authorize
the advertisement for architectural/engineering services for
the new city hall . :iotion seconded by Councilman Simmons
action carried 5-0.
ITEM NO. 14 - CONSIDER APPLICATION OF SUBDIVISION
REGULATIONS AND OTHER ETJ AUTHORITY IN DALLAS COUNTY - `rayor --
Akin asked City .'.anager Gus Pappas for staff comments . !r . ,
Pappas pointed out on the map that . ylie ' s .T'J extends into
Dallas County and noted that at this time our ETJ extends
one-half ( 1/2 ) mile in any direction . Councilman Fulham
asked if there is likely to be an opportunity to annex in
Dallas County . "
City :.an lger Pappas stated that this
possibility does exist and that there is no restriction
under Texas law that a city can only be in one county ..
After much discussion Councilman _Jui;ham made a motion that
the city of ,tylie should pursue its ETJ authority in Dallas
Count.' . motion seconded by Councilman martin with the
question "doesn ' t our ETJ become one ( 1 ) mile le after [iom. e
I eadoptedbythecity" . P as stated
i:t 1 is City ii3I13`;er Pappas
that the city ' s ETJ is extended to one ( 1 ) mile immediately
Upon our reaching a population of 5000 and does not require
the adoption of a Home k'ule Charter . :lotion carried 3-0.
ITEM NO. 15 - CONSIDER APPROVAL OF BILLS PAID AND ACCOUNTS
PAYABLE - Council-;man Simmons asked if the insurance on the
buildings and the contents includes all city buildings . Ells
Pappas answered that it does but in the absence of City
Secretary Carolyn Jones does not know if the figure reflects
a yearly payment . Councilman Simmons requested a yearly
breakdown on the city ' s insurance payments . Councilman
. ar tin asked about the item for a flagand a flagpole . Gus ....
Pappas explained that the city now has flag pole located
near the Police/Fire ;t -ition and that the flagis ;in lace .
au a temporary measure it is ?11g raised ai1L. lowered by the
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--- ..)clice department but pions are to spatiiht the flab so
that it can fly 'L4 hours a day . he also eplained that the
-.71arpole will be used as the center pole for a modular
ffaristifas Tree to be erected by the city . Councilman Martin
ased about the item to .',onthwestern Laboratories . Do we
pElv for the tests conducted by this company? No .Dapas
stated that in this barticular case he ,2. 02S not :no': at this
time if the city is bein reimbursed however , the city is
movin towar havin all such test costs reimhursed to the
city . :2fter discussion a motion was made by Councilman
Adas and seconded 1)y Coumcilman hHartin to approve the bills
nail and the account payable . All in fever .
ITEM NO. 16—CONSIDER APPROVAL OF RANK RECONCILIATION REPORTS
hayor Ahin connontec that it is :;ooe to see the itel]s
reflectinT: the interest that is bein earned on city
account . A motion was en Jo ny Councilman '11.1half and
seconded by . rayor 2ro Te:'i hulhes to approve the banl:
reconciliation statch.:Dents as submitted . Ali in favor .
ITEM NO. 17 — CONSIDER APPROVAL OF DEPARTMENTAL REPORTS —
Ilayor AlAn asked Chief Abbott about the reserve force .
Chief Abbott stated tab the reserve farce is holding on the
same level . Me ion stated Rot the traffic sinal linht. at
2L 73 and ,: 5 . is in place and that it should be in
—D. operation very soon . Councilh:an : artia : shed Chief Lbbott
if there is anythin that the city can to about the problem
a.:=. illeal aliens . Gnief Abbott stated that it is a
delicate :iuestion snd that to stop anyone without 1DroT;able
cause in considcrecl harrass=t . Me slso stated that while
the 2olice Department is aware of the problem , et this tir,c
he does not have a solution .
FIRE DEPT. 'Thief Larry P.Dllen :::aicl the finishin,e, wort is
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eDinp, done on the Eouth ,:ylie Iire Station . :hayor Ain
':shed that the city loch into previdinD a -lass ease •FoMr the
slacue that will hisalaved at -the =.' S . Cus lappas said he
would see chant havin2 a ii. hted sinn flade for the fire
station . In response to questions from Mayor Pro Te:J
huhes , I hlion stated that fires in question wore trace
fI res and that the lenas Law cc' ci rice smck.e alarms in
rental property iC a len'„ythy enc . :ay Faires to -tit.
the renter is required to request the ,laoperty owner to
instsil a smoe alarm.
PUBLIC WORKS DEPT. : :ayor 2ro Thm hushes as::ed in the sewer
cleanout rJachine is used routinely . fill 'lindham stated.
that at this time we do not have a recular clennont routine ,
however , in the near future the city will he 7ridded oft and
the cleaneut process will be done on a recular basis . rfhis
roram should cut sewer ehheryoncy calls by '.:j1 . Dayor -
ashed about street and road no: : . :7 . Dindham E-L2L that
man had been wor:Dinq full—timc for the :e.st_ two days , awin';
and puttin,] flower hods into Fead shap . The Thyor also
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requested that the concrete be poured at the pavilion by .0.
Friday , November 16 . 1
ITEM NO. 18 — CITIZEN PARTICIPATION — No citizen
participation .
ITEM NO. 19 — GENERAL COUNCIL DISCUSSION — Several
councilemen had seen contacted by members of the
Construction hoard who requested a meeting of this board to
clarify duties and responsibilities . A seeting will be set
in the immediate future .
Tiayor Pro Tem hughes commented that he had noted and wanted
to commend the Public 'forks Department on ettino the
potholes fixed in TZylie .
Councilman Adams noted that there is a water leak at ', 02 S .
Second Street . PWD T:Andham stated tact his department is
aware of the problem and that it is being taken care of .
Councilman Adams also stated that the school crossing sign
on Si! 73 needs to be reset . Chief Abbott answered that he
had checked with the school and had been informed that there
were children crossing there until 4 : 30 P . I.
Councilman ihartin said he would like to see the city issue a
proclamation of recognition to the ',:ylie Pirates for their ....
District 9AAA Football Championship and also a proclamation
of recognition to the T;:ylie and for their 1984 Cotton -:,owl
Parade of Champions victory . Payer Akin stated that he too
wanted to encourage these proclaations and stated that he
would issue same.
layor Akin stated that the contract for the extension to the
Library was ready to be signed and that a groundbreaixina,
ceremony would be held in the near future . He also noted
that the city would be responsible for preparing the around
for the construction . liayor Akin announced the city
Christmas Tree lighting ceremony would be held on Eovember
29 at 7 : 30 P. . Ilayor Akin asked City I:anager Gus Pappas to
give a report to the council on the proYlems with the
proposed water ground storage tanks .
City Ilanager Pappas explained that the company who had won
the bid from the city had gone out of business and would
file bankruptcy and that our tanks had not been under
construction . We have no legal obligation to this conoany
and we do have grounds for legal reoress . ',:e can file suit
for the difference between this company ' s bid and the actual
price we have to pay to get the tanks constructed and
installed .
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Following the general discussion , Councilman Fulg,ham moved
for adjournment . Potion carried , hooting adjourned by
liayor Akin.
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John W. Akin , Mayor
Caro , Jon , City Socrotry