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11-13-1984 (City Council) Minutes, 1 7,-.. MINUTES REGULAR MEETING CITY COUNCIL TUESDAY , NOVEMBER 13 , 1984 ,.., 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 -- 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 D 1, 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 . 2 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 r; 0 --.. 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 ' 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 5 --- ..)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 7 . 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 6 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 . ...... Following the general discussion , Councilman Fulg,ham moved for adjournment . Potion carried , hooting adjourned by liayor Akin. 7 John W. Akin , Mayor Caro , Jon , City Socrotry