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
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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 .
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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 .
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ohn W. Akin, Mayor
ATTEST:
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Caro 7Jo - , Ci y Secretary