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12-31-1984 (City Council) Minutes CITY COUNCIL MEETING MINUTES DECEMBER 31 , 1984 7 : 00 P. M. The Wylie City council net in a called session on l'ionday , December 31 , 1984 at 7 : 00 P . in the Council Chambers at City Hall . 1Thyor Pro Ter, Hughes presided . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were ';layer Pro Ter. Hushes , Councilnembers Cleo Adams , Percy Simmons , William ilarti_n and Joe Fulgham, City Canager Gus Pappas , City Secretary Carolyn Jones , Code Enforcement Officer Roy Taires , Public Works Director. Dill Windham , Jim PLcKnight , Scott Dorsey from the Wylie News , Danny Colley and other citizens . i ayor John Akin was out of town . Mayor Pro Tem Lushes called tire meeting to order and Councilman Martin save the invocation . APPROVE AND SIGN ,� N i ( i ORDINANCE ANCE FOR 35 . 700 ACRES OUT ,..,:V i�:_.�1 1'�! �,., it -- OF OF DUKE ST LIC CLAPP SURVEY, ABSTRACT NO . e41 : This property is located on South Highway 78 just south and adjacent to Roddy _._ Assoc . Motion was made by Councilman ilman Adams to approve and sign annexation ordinance on above property . Seconded by Councilman Fulgha,a . Three (3) in favor and Councilman Simmons abstained . APPROVE ANT) SIGN ANNEXATION ORDINANCE FOR 2 . 00 ACRES OUT OF THE WILLIAL SAC:ISE SURVEY ABSTRACT No . U35 : This property is located on West EA 544 and is a part of Steel Industrial Park . Potion was made by Councilman Fulham to aTprove and sign the annexation ordinance on the above property . Seconder by Councilman i_'artin , all in favor . t 1 D SIG _� r 9 , c U AI"NI�CV�, 1��. � ��I�,�' A.,_�L:��T IC�:; G,.1,?�'��i,f,L � J i�. ::'� ,�C,�Z:_.� t?u i OF '.Chip:: WILLII 'I <AC._SI. SURVEY ABSTRACT. 50. 6135 : This property is located on West Fli 544 and is adjacent to and becomes a part or Steel Industrial Park . ot=i_on was made by Councilman Adams to approve and sign annexation ordinance on the above property . Seconded by Councilman !:artin , all in favor . VALIDATION N OF ;AT-LOTS FOR JANUARY 19 , 1985 HOE RULE CHARTER :L:ECTION : The ballots have been received and are ready for the upcoming election . :'oti.on was made by Councilman : ul "ham to va id<_t.ed the ballots . Seconded by Councilman Simmons , all in favor . 2() ACCEPTANCE OF 1 . 930 ACRES OUT OF THE E. C. DAVIDSON SURVEY, ABSTRACT 267 : This property is located between Holiday Terrace and U'estwind Meadows I additions . Mr . Kenneth Swazye is giving this easement to the City as Mr . St . John gave the City a portion of land just south and adjacent to this piece of property . This property will be used as a small park for citizens in this area . Motion was made by Councilman Fulgham to accept this easement . Seconded by Councilman Adams . All in favor . APPROVAL OF FINAL PLAT FOR MURY-WILLIAI SUBDIVISION? IN STEEL INDUSTRIAL PARK : Staff recommends approval of this plat and at the Planning and Zoning meeting there was a vote of 5 in favor and none against for approval . Motion was made by Councilman Simmons to approve final plat for construction . Seconded by Councilman Fulgham. All in favor . APPROVAL OF PRELIMINARY PLAT FOR REGENCY BUSINESS PARK IN STEEL INDUSTRIAL PARK : Staff recommends approval of this preliminary plat and at the Planning and Zoning meeting , there was a vote of 6 in favor and none against . This plat indicated that the streets will be put in according to City specifications and will be dedicated to the City upon the completion of this subdivision . Motion was made by Councilman Martin to approve this preliminary plat for --- regency Business Park. Seconded by Councilman Simmons . All in favor . APPROVAL OF PRELIMINARY PLAT FOR WYLIE PLAZA: This property is located on highway 78 between the Texaco Station and the Dairy Queen . This plat is being presented to Council for the purpose of removing the lot lines and showing this as just one big lot . This property is zoned Planned Developement . Planning and Zoning had a vote of 6 in favor and none against , and staff recommends approval . After much discussion about the problem of this not being a complete plat and does not have all the information need , notion was made by Councilman Simmons to reject this plat due to lack of detail . Seconded by Councilman Martin , all in favor . APPROVE REPLAT OF K NSIUCI.ON MANOR : AT the time Kins in` ton Manor was approved and platted there was noted a large section of this area that was not divided into lots due to the easements for utilities . The developer is now requesting a replat adding Lot 1 Block D in order for the use of this property which contains the utility easement . Planning and Zoning had a vote of 6 in favor and none against and staff recommend approval . This lot will have Single Family 2 zoning which is the same zoning for this entire subdivision . otion was made by Councilman Simmons to approve replat of Kinsington Manor with zoning to remain 4-71 1 - Single Family 2 . Seconded by Councilman Adams . all in favor . i: „ , .. APPROVE FINAL PLAT �G I'(�1:: 1:� U .TH : Staff recommends approval , although there is one area that has a small problem with storm drainage and sewer involving arrangements with Pity , forth Texas Lunicipal Tater District , the developer and the State of Texas . These problems are being, worked out between the above listed parties . Planning and Zoning passed this pint with a vote of 6 in favor and none aainst . Councilman Simmons wanted to know if the streets had been corrected as requested of the developer . City lianager Gus Pappas reported that Winding Oaks and Ann Drive will be through streets that will be 37 ft . wide and have a 50 ft . easement for expansion . The other streets in this subdivision will be 2 7ft . . The total acreage of this subdivision is G6 7<>6 acres . .iotioe :J,ls :lade by Councilman Simmons to approve the final plat for construction . Seconded by Councilman Fulgham. All in favor . A?i->AOVAL OF PLAT _ Of C[,NT R. U1 _ f1LL . he developer for this subdivision has called and requested this item be tabled . _-lotion. was made by Councilman hartln to table with item . Seonded by Councilman Adams . All in favor . APPROVE FtiLBi':11T p L J� Ur+l� G Foa LAST :11 ( E ADDITION : After much discussion the Council requested 'ir . holley- to add some Single Family 2 to this slbd_ivison in order to form a buffer between the ft and Single Family 1 . ,'ayor P _ T„ , _�' eo > o _era L, 1� . called for a five minute break in order for hr . Holley and his engineer to compile some SF 2 into their zoning request . :ayor Pro Ten Hughes called the meeting hack to order and give the floor to Er . -Holley . The request for zoning is as follows : 10 . 989 Acres Single Family 1 _ ., 7 . 727 Acres c e' e 11 . 06 Acres Duplexes ( 2F ) 2 . 9165 Acres _retail ( t) Lotion was made by Councilman Simmons to approve the above zoning for East Ilidge Subdivision . Seconded by Councilman far- tin , all in favor . favor Pro ` em Hughes said that items no . 13 , 14 and 15 will be combined for discussion by City hanager Gus Pappas . City Nanager Gus Pappas had been contacted by the Cities of ..,�. Nturphy and Parker voicing concern about a wastewater treatment plant being built between the Cities of Wylie , Murphy and Parker . This wastewater treatment plant will be flowing into :Muddy Creek which comes through Wylie . Some eight or nine months ago a Mir . Holigan went to Murphy with a piece of property just outside of urphy ' s city limits with the ideal of developing a large mobile hone park . hr . lioligan thought he would work with the City of Murphy on zoning and services such as water and sewer . Murphy is having problems serving water and sewer to their area and does not feel they will beable to provide proper service to this property . The Cities of Murphy and Parker have strong feelings about not wanting a mobile home park due to the fact they do not have an ordinance to help control and maintain an area such as this one . The City of Parker is ruling the ETj to the City of 'Murphy since Murphy has annexed a piece of property just across the road from the land belonging to Mr . ioli gan . The Cities of Murphy and Parker have come to the City of Wylie due to the fact that Parker has no zoning or subdivision ordinance and Murphy has a weak zoning and subdivision ordinances . Mr . Holigan does have knowledge of all the above facts and has decided to proceed . He has petitioned directly to the State for a wastewater treatment plant since there are no services available . The City of Wylie has not been contacted about such a petition and has sent numerous letters requesting the right to be heard on the subject of wastewater treatment plant . This wastewater treatment plant is to flow into :Muddy Creek and would create a bad problem for the City of Wylie in taking care of the additional growth caused in the creek from this plant . Until Wylie entered into this discussion , there was no water or wasterwater services available to this mobile home park . In order to make our objection work, it would be necessary for a large sewer line be laid to to this property and offered to this mobile home pare with a bulk rate for sewer discharge being billed to the City of ;Murphy . The City of i• urphy would then take care of annexing this property into their city limits . Also , the Cities of Nurphy and Parker has requested that the City of Wylie join in with them to hire an attorney out of Austin to represent the three cities in court to voice their opinion of this treatment plant . The cost of this would be approximately $1 , 200 . 00 per city . The ideal boundary line between :Murphy and Wylie has been discussed and decided that the county road shown on the throughfare maps that comes between Murphy and Wylie and ends at West PM 544 just about a mile from Steel Industrial Park. The City of Wylie needs to proceed and sign a written ..,._ agreement with I:iurphy for this boundary . The above piece of property that has been discussed is located on the east side of this houndary line and would be in the Wylie area . As soon as the City becomes home ule , this property would be is the cities LTJ . :r . noligan has come to the City of ylie and said he would annex his property into Wylie . As the city manager for Wylie , I had to tell his I would need to come had : to tho council and talk with you since all I have brought before the Council was to run a sewer line to this property . As city mana2er , I also told him he would have to bring a written agreement signed by himself and the City of linrphy stating that ,iurphy would relaease his property from their ETJ to the City of Wylie for annexation . If the city backs away from this anne::ation then :,1r . holinan will go the the State for the permit for a wasterwater treatment plant , stating that there are no services available in this area . The state will grant him the wastatewater permit . Lois brings up another area a person has come to my office in resards to . It is approximately 40 acres located south of Wylie where CC 544 ends at Dallas and Collin County lines . The party wants to develope a mobile home park in this area and currently there are two mobile home parks that would he on either side of this property in Question . This party is ready to pay for the water and sewer lines to he laid to his property from the point of our current water and sewer lines . The party is also wanting to annex into the City of Wylie . This party has road the citys mobile home ordinance and only had questions on the parts of the ordinance that lies been found to be questionable in court . City Manager Cu, Pappas wanted the Council to take a look a the mobile home ordinance that has been established in Wylie . This is a Tood document but in certain areas would be questionable in a court of law . I., mobile Lome nark ordinance is to allow a city to control the parks not to disallow them. The City of bylie has a mobile Lome park ordinance that has set up lots for one mobile home that is larger than the lots for Single faimly 1 (new our new zoning ordinance) . Another section of this ordinance that is questionable is the annual fee . Is the council aware the way this ordinance is written , that the mobile home parks that have existed in Wylie for some time will have to pay this annual fee . The annual fee for these mobile home parks are as follows : Sachse Mobile home Park 5 lots S 750 . 00 Turner iobille . home Carl: 6 lots J. Butane Mobile Home Park 105 lots $15 , 750 . 00 Glenn Knoll i- obl.ie H . k. 171 lots : 25 , 650.00 TOTAL FEES TO BE COLLECTED $43 , 050.00 The current fee per lot is $150. 00 and is questionable if it would stand up in court . If this is what the council wants , then statments will go out to all of the above parks with the fees to be paid by Jan . 10th . As city manager , I would suggest that this be amended and at this time that the fee be suspended until council has time to think about the fee . City Manager Gus Pappas told the Mayor Pro Tem Hughes that was all he had unless there were questions . ANNUAL LICENSE FOR i __ ; �,. . 'i!, FEES> :Oyler HONEPARKS :.S After some discussion , motion was made by Councilman Martin to temporiarly suspend the annual license fees as of this date for final consideration in January . Seconded by Councilman Adams . All in favor . AUTHORITY i. - TO PARTICIPATE °° T FEES 1 i 1 . , �bt;l.`UITY I ; LI.t1�.�, FEES FOE CHALLENGE TO PRIVATE SECTOR WASTEWATER TREATMENT PLANTS : Motion was mace by Councilman Simmons to grant authority to city manager to participate in legal fees for approximately ::1200. 00 . Seconed by Councilman Fulgham, all in favor . Motion was made by Councilman Adams to adjourn , seconded by Councilman Ful.g;h.am. All in favor . Don Hughes , Mayor Pro Tem ATTEST :