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04-09-1985 (City Council) Minutes CITY COUNCIL MEETING MINUTES --w APRIL 9 , 1985 7 :00 P. M. The Wylie City Council met in regular session on Tuesday , April 9 , 1985 at 7 :00 P. M. 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 , Councilmemebers Percy Simmons , Randall Gaston , Joe Fulgham, Cleo Adams , and William Martin, City Manager Gus Pappas , City Secretary Carolyn Jones , Code Enforcement Officer Roy Fairs , Public Works Director Bill Windham, Mr . Bill Lowe of Lone Star Gas , Brian Chaney , Scott Dorsey of the Wylie News , Harold Spence and other citizens . Mayor Akin called the meeting to order and Councilman Adams gave the invocation . APPROVAL OF MINUTES : Motion was made by Mayor Pro Tem Hughes to approve the minutes 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 Gaston - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , and Councilman Martin - in favor . This motion carried with all in favor . ADMINISTER OATH OF OFFICE TO COUNCILMEMBERS ELECT: Mayor Akin expressed his thanks to Councilman Adams for all the work and hours put forth in serving the city in the past two years . Mayor Akin asked City Secretary Carolyn Jones to administer the oath of office to Don Hughes , Joe Fulgham and Harold Spence . APPROVAL OF A RESOLUTION TO PROVIDE FORMAL RECOGNITION TO THE TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM: City Manager Gus Pappas said that Mrs . Jones , our City Secretary , and her regional chapter of the Texas City Clerks and City Secretarys Association has asked that the Council consider supporting this law which would support and recognize the certification process for city secretaries . The law does not make certification mandatory but rather supports and recommends that concept that city secretaries should be provided with a program of career development . Motion was made by Councilman Fulgham to approve and sign resolution providing for formal recognition to the Texas Municipal Clerks Certification Program. Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin in favor . This motion carried with all in favor . PUBLIC HEARING ON ZONING 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 & Spa . The request for zoning on this property is Business 2 (B-2) . The Planning and Zoning recommends this zoning to Council with a unanimous vote . Mayor Akin opened the public hearing , there being no questions or opposition, the public hearing was closed. APPROVAL OF ZONING ORDINANCE FOR 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 & Spa . The request for zoning is Business 2 (b-2) . Motion was made by Councilman Gaston to approve and sign zoning ordinance . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ZONING OF ONE ( 1 ) ACRE TRACT OUT OF WILLIAM SACHSE SURVEY, ABSTRACT 835 : This property is located off of FM 544 and is a part of Steel Industrial Park. The zoning request is for industrial . The Planning and Zoning Commission recommends this zoning to council with by a unanimous vote . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON ANNEXATION OF 3 .0593 ACRES AND 57 . 1017 ACRES OUT OF FRANCISCO DE LA PINA SURVEY , ABSTRACT 688 : This property is located on E . Stone Road and is just east of and adjacent to William Murry property. Mayor Akin opened the public hearing , there being no questions or oppositions , the public hearing was closed . PUBLIC HEARING ON ANNEXATON OF 124 . 22 ACRES OUT OF THE G. F . GUNNELL SURVEY , ABSTRACT 351 ; MOSES SPARKS SURVEY , ABSTRACT 849 ; WILLIAM PATTERSON SURVEY , ABSTRACT 716 ; AND J. W. MITCHELL SURVEY, ABSTRACT 589 : This property is located on FM 1378 and is commonly known as Lake Ranch Estates . Mayor Akin opened the pubic hearing , there being no questions or opposition, the public hearing was closed . PUBLIC HEARING ON ANNEXATION OF 295 . 284 ACRES OUT OF THE R . D. NEWMAN SURVEY, ABSTRACT 660 : This property is located near Glen Knoll Mobile Home Park and is owned by George Lewis . The Planning and Zoning Commission recommends approval of this property for annexation by a unanimous y � vote . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . PRESENTATION BY BONEY CONSTRUCTION CO. ON THE PAVING IN THE MEADOWS SUBDIVISION : Mr . Mike Boney requested to be on the agenda for the opportunity to appear before the Council on • behalf of the paving in the Meadows . This paving has come up without meeting the subdivision regulations and it has been recommended to be turned down for approval due to the sub-standards . If the council considers approval , then it would require an amendment to the subdivision regulations . Mr . Boney said that most cities have a minimum specifications on P. S . I . and thickness . This paving has proved out from core samples but the thickness is not up to standards in accordance with the subdivision regulations of Wylie . Mr . Boney said he would be willing to pay a penalty for the thickness not coming up to standards if the City will wavier the standards. Mr . Boney also brought with him from Portland Cement . He said he had no connections with Mr . Boney and was only here to talk about concrete paving in other cities. That since Wylie has a 6" thickness in their ordinance that it is putting a burden on the developers and contractor in how much land moving has to be done in order to establish enough room to maintain a 6" thickness . Other cities assess a penalty on the developer or contractor when the thickness or core samples are not up to standards . Mr . Boney recommends along with the representative from Portland Cement that the council approve the streets in the Meadows . Mayor Akin said the City Ordinance says 6" of thickness and this should be the only way the subdivision will be approved . Mr . Roy Faires , Code Enforcement Officer for Wylie , said he had no argument with the statements the two gentlemen had made . But Wylie has set 6" as minimum thickness for concrete streets . The first set of samples were out of the alley not the street . There were a number of core samples all of which are shy from the minimum 6" thickness . Mr . Boney ' s representative wanted to know if the council has taken a look at the North Central Texas of Governments code book for subdivision. Mr . Faires said this book had been read by himself and a councilmember and felt it was not what the council wanted for the City of Wylie . AUTHORIZATION OF EXPENDITURE FROM PARKS IMPROVEMENT FUND FOR $4 ,000.00 FOR PLAYGROUND EQUIPMENT. Mayor Pro Tem Hughes said the Park Board met and decided that the area around the pavilion needed some playground equipment. This is a shape like a cross section with a swing on the four (4) ends and moneybars in the middle . This would also be in the area of the other five tables and benches . Councilman Simmons wanted to know if Mr . Windham had the man power to do this without taking someone off their regular job . Mr . Windham said one man could bore the holes and do all the cutting . Yes , he would have to pull a man off his regular duties unless he gets the other park employee . This project would be done only as the mowing and other jobs are done . Motion was made by Mayor Pro Tem Hughes to grant authorization to spend $4 ,000 . 00 for playground equipment for the park . Seconded by Councilman Gaston . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . AUTHORIZATION FOR MATCHING FUNDS WITH WYLIE SPORTS ASSOCIATION FOR SPRINKLER SYSTEM FOR BALLFIELDS AT COMMUNITY PARK: Wylie Sports Association has voted unanimously to match fund with the City of Wylie for a sprinkler system for the ballfields at the park. Councilman Spence wanted to know about the kids playing on the fields , Mayor Pro Tem Hughes said the system would have pop up heads , with the heads being 3 to 4 inches below ground level . Motion was made by Councilman Gaston to grant authorization for the joint purchasing of a sprinkler system for the ballfields with WSA , upon the approval of specs by Public Works Director Mr . Bill Windham. Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . APPROVAL OF BILLS PAID : Motion was made by Councilman Gaston to approve the bills paid . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . APPROVAL OF ACCOUNTS PAYABLE : Motion was made by Councilman Gaston to approve the accounts payable . Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . DEPARTMENTAL REPORTS : Motion was made by Councilman Fulgham to accept all departmental reports 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 Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . -- CITIZEN PARTICIPATION: Brian Chaney wanted to know why the council did not vote on the item concerning the streets in the Meadows Subdivision. Mayor Akin said there was not vote required because the council was standing behind their ordinance and the developer will have to comply with the city standards for streets . Mayor Akin also said that if the Code Enforcement Officer has recommend the council approve this subdivision then there would have been a vote . COUNCIL DISCUSSION: Mayor Akin reminded the council that April 20th was clean up day for Wylie and that the council had the alleys in the downtown area to clean . Everyone is to meet at the fire station at 8 : 00 A. M. Councilman Martin wanted to know about the follow up on the letter to Glen Knoll Mobile Home Park in regards to the areas they have not complied with the city ordinances . City Manager Gus Pappas said they have called back and have had some discussion about the fence not being on the property line as the ordinance states . Council requested a follow up on the letter and make sure all items have been taken care of . Councilman Spence said he has had a lot of calls on the street in town , what does the council have in mind in regards to fixing up the streets in Wylie . Mayor Akin said the council was looking at a BOMAG, this is a piece of equipment that will take the old street and use it for a base , then top with a new layer . Councilman Spence also wanted to report that the redoing of the sidewalks in downtown will begin within the next two weeks . Councilman Simmons wanted to know when the work session had been scheduled . City Manager Gus Pappas said the work session will be on Saturday , April 27 , 1985 at 9 :00 A . M. Also City Manager wanted to know if the council could meet wiht the City of St . Paul on Monday night , April 15, 1985 . City Manager Gus Pappas reported that by the April 27th work session , the council should have a full five months and maybe six months budget reports . Motion was made by Mayor Pro Tem Hughes to convene into executive session under the authority of Article 6252-17 V.A.C.S . Section 2 , paragraph "e" legal matters and "f" real estate . Seconded by Councilman Martin . All in favor . 410111110111 Mayor Akin called the meeting back to order in open session, there were no decision to make from executive session . Motion was made to adjourn by Councilman Martin , seconded by Mayor Pro Tem Hughes . All in favor . / John W. Akin , Mayor ATTEST Carol n on s Secretary