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02-12-1985 (City Council) Minutes CITY COUNCIL MEETING MINUTES FEBRUARY 12 , 1985 7 :00 P. M. The Wylie City Council met in regular session on Tuesday , February 12 , 1985 at 7 :00 P . N . in the Council Chambers at City Hall . Mayor Akin 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 Mayor John Akin , Mayor Pro Tem Don Hughes , Councilmembers Percy Simmons , Cleo Adams , William Martin and Joe Fulgham, City Manager Gus Pappas , City Secretary Carolyn Jones , Chief Royce Abbott , Code Enforcement Officer Roy Faires , Public Works Director Bill Windham , Scott Dorsey , Elayne Mayes from the Wylie News , Tom Mayes , Mike Rawlings , Mr . and Mrs . Randall Gaston , and Robert Taylor . Mayor Akin called the meeting to order and Councilman Adams gave the invocation . APPROVAL OF MINUTES : There being no corrections or additions to the minutes , Mayor Pr.o Tem Hughes made a motion to accept and approve as submitted . Seconded by Councilman Adams . The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Adams - in favor , Councilman Simmons - in favor , Councilman Martin - in favor , Councilman Fulgham - not present . This motion carried with all in favor . APPROINTMENT OF NEW MEMBER TO THE CITY COUNCIL FOR PLACE 6 AS PROVIDED FOR IN THE HOME RULE CHARTER : Mayor Akin stated that Place 6 will be filled by appointment until April , 1986 . Motion was made by Mayor Akin to appoint Mr . Randall Gaston to Place 6 of the Council . Seconded by Councilman Simmons . The vote was as follows , Favor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Adams - in favor , Councilman Martin - in favor , Councilman Fulgham - not present . This motion carried with all in favor . ADMINISTER OATH OF OFFICE TO COUNCILMEMBER APPOINTED TO FILL FLACE 6 AS PROVIDED FOR IN THE HOME RULE CHARTER : The City Secretary Carolyn Jones administered oath of office to Mr . Randall Gaston . APPOINTMENT OF MEMBER TO REPRESENT THE GENERAL PUBLIC ON THE CONSTRUCTIN TRADES BOARD : After some discussion , the motion was made by Councilman Fulgham to table this item until the next council meeting . Seconded by Councilman Martin . The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Coulcilman Fulgham - in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL TO CALL FOR CITY ELECTION ON APRIL 6 , 1985 : The upcoming election for April 6th , is for Council positions , Place 1 , 3 and 5 . Motion was made by Mayor Pro Tem Hughes to call for the April 6th election . Seconded by Councilman Martin . The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . The motion carried with all in favor . FINAL PUBLIC HEARING ON THE ANNEXATION OF THREE (3) ACRES OUT OF WILLIAM SACHSE SURVEY , ABSTRACT 835 : This property is located on west FM 544 and is commonly known as Texas Fence and Spa . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FINAL PUBLIC HEARING ON THE ANNEXATION OF ONE ( 1 ) ACRE OUT OF WILLIAM SACHSE SURVEY , ABSTRACT 835 : This property is located on West FM 544 and is a part of Steel Industrial Park . Mayor Akin opened the public hearing , there being no questions or oppcsition , the public hearing was closed . FIRST PUBLIC HEARING ON THE ANNEXATION OF 21 . 0541 ACRES OUT OF L . K . PEGULS SURVEY , ABSTRACT 703 AND THE I & GN RY CO . SURVEY , ABSTRACT 1061 : This property is located southwest corner of FM 544 and Hooper Road . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FIRST PUBLIC HEARING ON ANNEXATION OF 33 . 8858 ACRES OUT OF WILLIAM SACHSE SURVEY , ABSTRACT 835 . This property is located adjacent to Steel Industrial Park . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVAL OF AMENDMENTS TO SUBDIVISION ORDINANCE : City Manager gave an overview of the changes that have been discussed in past meetings . Councilman Simmons is concerned with Secti'n 4 . 02 Fl adding 30 days for acting on ::reliminary plats . This is not a minimum but a maximum to protect the council . Councilman Simmons wanted to know if the word "permitted" had to be in section 4 . 02 -3 in the last sentence it states no changes be required or permitted . The word permitted can be left out if Council wants it out . Councilman Simmons would like the staff to certify in wirting that all public improvments have been completed and is being brought to council for final acceptance . Consider the addition of section 4 . 05 Warranty Inspection and certification of same . This would call for an inspection not later than 11 months following approval of final plat acceptance , stating the condition of the public improvements before the warranty is out . This would be sent to Council in letter form. Motion was made by Councilman Simmons tc approve the Subdivision Ordinance with amendments and above corrections to amendments . Seconded by Mayor Pro Tem Hughes . The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF AMENDMENTS TO MOBILE HOME PARK ORDINANCE : Mayor Pro Tem Hughes wanted to know why the City would charge an annual fee for mobile home parks and not for homes in subdivisions . City Manager Gus Pappas said the City has to inspect the mobile home park because it has common facilities , where as a home owner has the responsibility of maintaining the upkeep of their own home . In mobile home parks the land is now owned by individuals , but by one owner and this annual fee assures that the owner will keep the property in good shape . Councilman Simmons suggested the words "annual license fee" be changed to "annual inspection fee" . Motion was made by Councilman Gaston to approve the Mobile Home Park Ordinance as amended and with the above change . Seconded by Councilman Adams . The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - opposed , Councilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with 6 in favor and one opposed . APPROVAL OF ORDINANCE REPEALING ORDINANCE °62-2 AS PROVIDED FOR IN HOME RULE CHARTER : Ordinance °62-2 is the ordinance creating the office of City Manager and describing the duties and powers of that office . The Home Rule Charter , Article IV , Section l . A , provides for the office of City Manager , therefore Ordinance No . 62-2 should be repealed . Motion was made by Councilman Fulgham to repeal Ordinance No . 62-2 . Seconded by Councilman Martin . The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes -- in favor , Councilman Simmons - in favor , Councilman Fr,lgham - in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . PRESENTATION TO THE CITY COUNCIL BY ROBERT L . TAYLOR : Mr . Robert Taylor is the president of the Wylie Bank . Mr . Taylor is requesting a few minutes of the council ' s time in order to request the Wylie Bank be considered at the time of renewal for the bank depository agreement . This will give the City a chance to have a choice of service . Mr . Taylor S\ '' gave the council a copy of the bid form from the City of Rockwall so the council could see what the Wylie Bank had to offer . City Manager Gus Pappas asked if the Wylie Bank was approved . Mr . Taylor said it was approved for public funds . AUTHORIZE PAYMENT FOR NEW FIRE STATION ELECTRICAL WORK : This bill is for S1600 .00 owed to Mickey Foster for electrical work done at the new South Wylie Fire Station . It was the City ' s understanding that this bill was to be taken care of by the committee working on the new fire station building , However , since payment has not been made and this bill is a few months passed due , it has been brought to the council by one of the councilman for special consideration . Motion was made by Mayor Pro Tem Hughes to pay this bill . Seconded by Councilman Fulgham. The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . CONSIDER PARTICIPATION IN TEXAS UTILITIES RATE CASE : This is the standard opportunity to participate in the TML ' s class action challenge to the validity of the pending T . P . L . rate increase . Our participation will insure us of being a notified member of the activity of the PUC as the rate progresses . CONSIDER AUTHORIZATION FOR CITY MANAGER TO CONDUCT CANDIDATES BRIEFING SESSION : This briefing session is to acquaint the candidates with the workings of the city and provide them with public information concerning the city . The staff views this acton as non-political whith it ' s primary purpose to give all of the candidates a basic understanding of the mechanics oflocal government so that during the upcoming campaign , the likelihood is diminished of individual candidates of making lcaims or assertions which are illogical or impossible . Motion was made by Mayor Pro Tem Hughes to grant approval for the candidates briefing session . Seconded by Councilman Adams . The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Coucnilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , Coucnilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . AUTHORIZATON TO ABOLISH PLAT REVIEW COMMITTEE : City Manager said that in talking with members of this committee , it has been the concensus of opinion that there is no longer a need for this committee since the city staff reviewing procedures have been in effect . Mr . Kent Crane , the chairman of this committee , has requested by letter to the city manager that this committee be abolished , which is a follow up from the request presented to the council at its last meeting by Mr . Randall Gaston . Motion was made by Councilman Martin to abolish the plat review committee . Seconded by Councilman Gaston . The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . CONSIDER RATIFICATION OF LETTER FROM CITY MANAGER ESTABLISHING CHAIN OF COMMAND IN THE EVENT OF TEMPORARY ABSENCE OF CITY MANAGER : City Manager Gus Pappas said this letter will establish those persons whom I feel can best carry out the policies of the administrative stafff in my absence for temporary and brief periods of time . It is also subject to change with any change in responsibilities , duties or persons designated ; and may be amended from time to time in the future with the addition of new names or the deletion of names currently on the list . The charter requires that this letter be on file in the city secretary ' s office and also that the council have been made formally aware of it ' s existance by the act of ratification in open council session . Motion was made by Councilman Martin to approve chain of command . Seconded by Councilman Adams . The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Counciman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF BILLS PAID AND ACCOUNTS PAYABLE : Motion was made by Councilman Adams to approve bills as submitted . Seconded by Mayor Pro Tem Hughes . The vote was as fellows , Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF BANK STATEMENTS : Motion was made by Mayor Pro Tem Hughes to appove bank statments as submitted . Seconded by Councilman Gaston . The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . DEPARTMENTAL REPORTS : All departmental reports were accepted as submitted. The council did request that the building permit report be broken down into permits for residential , commercial and remodeling . The council also requested a few changes in the fire department reports , such as totals for all pages . .- ,, CITIZENS PARTICIPATION : Mr . Bill Lowe representative from Lone Star Gas Company said he would be working the Wylie area and was going to try and bring up the communciation problem between the City of Wylie and Lone Star Gas . If there was a problem any where , please call on him and he would try and work it out . COUNCIL DISCUSSION : Mayor Pro Tem Hughes said there has been two cars parked in the right of way and on the property at Reliance Motors . These cars have been there for some time and need to be cleaned up . Also there is a car on Stone Road . Mayor Pro Tem Hughes wanted to know if the telephone contractors had given the city any time frame of when the would be through in this area . Councilman Gaston wanted to thank the council for their vote of confidence and would his best to uphold the duties as councilman . Councilman Adams wanted to know if there was an ordinance for cars/trucks parking in fornt of the dumpsters . There is an ordinance against this and all that is needed is for the police rlepart,aent to be notified of where this is occuring . Councilman Adams also wanted to have the alley between Jackson and Birmingham checked and to see if signals could be put on the railroad crossing at Brown St . and Highway 78 . Motion was made by Councilman Martin to recess into executive session under the authorityof Article 6252-17 of Vernon ' s Annotated Civil Statutes , Section 2g and 2f for personnel matters and real estate matters . Seconded by Mayor Pro Tem Hughes . The vote was as follows , Mayor Akin — in favor , Mayor Pro Tem Hughes — in favor , Councilman Simmons — in favor , Councilsman Fulgham — in favor , Councilman Adams — in favor , Councilman Martin — in favor , and Councilman Gaston — in favor . This motion carried all in favor . Mayor Akin called the meeting back into open session , there being no decisions or motions to be made , Mayor called for a motion to adjourn . Motion was made by Councilman Adams to adjourn , seconded by Councilman Gaston . All in favor . ?/' (-2K; ;) ohn W. Akin, Mayor ATTEST: e, AO'-he/ -, / • Caro 7Jo - , Ci y Secretary