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05-14-1985 (City Council) Minutes CITY COUNCIL MEETING MINUTES MAY 14 , 1985 7 : 00 P . M. The Wylie City Council met in regular session on Tuesday , May 14 , 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 W . Akin , Mayor Pro Tem Don Hughes , Councilmen Percy Simmons , Randall Gaston , Joe Fulgham, Harold Spence , and William Martin , City Manager Gus Pappas , City Secretary Carolyn Jones , Code Enforcement Officer Roy Faires , Public Works Director Bill Windham , Chief Abbott , several citizens of Wylie . Mayor Akin called the meeting to order and gave the invocation . APPROVAL OF MINUTES : Motion was made by Mayor Pro Tem Hughes to approve minutes as submitted . 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 Fulphan - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . PRESENTATION TO MOORE INDUSTRIAL DISPOSAL CO . , INC . Mayor Akin presented representatives from Moore Industrial- Disposal Co . a beautification plaque for all the help ._and support given to Wylie during clean up week . FIRST PUBLIC HEARING ON THE ANNEXATION OF 96 . 218 ACRES CUT OF TEE ELISHA I•I. PRICE SURVEY , ABSTRACT 1114 : This property is located at the intersection of S . FM 544 and Vinson Road . This property is in Dallas and Rockwall Counties . A portion of this property is adjacent to the Cottonwood Mobile Home Park . City Manager Gus Pappas said: that the Cottonwood Mobile Home Park and the sub-division just south of the above property does not comply with the Sub-Division ordinance of the City of Wylie . The City staff is aware that this property in question is going to request Mobile Home zoning . The City codes states that there will be only 7 units per acre and will have concrete streets . The staff also knows that there are plans for 3 to 5 swimming pools . The City can regulate this type of park and the owner will have to comply with all ordinances . If the owner does not annex , they can put in the park with their own sewer treatment plant and have as many mobile homes as they 90 choose . Some of the misunderstanding is that the county does not have any regulations on zoning . --* Mayor Akin opened the public hearing . Brent Bates of 102 Liberty wanted the dollar value for the City on this type of annexation , versus the tax dollars brought in . City Manager Gus Pappas said the policy for the City is that the developer pays for all cost , there is not a charge for annexation , but is a charge for zoning plus impact fees , water tap fees , sewer improvements fees and other fees . These fees must be paid by the developer or builder prior to a certificate of occupancy . Fire service has been given to this area free of charge already . The developer is required to put in all water and sewer lines and all streets . Bill Johnson 104 Liberty wanted to know how is this park going in if not annexed . The developer said the park was going to be built if annexed or if not annexed . Karen from Vinson Road said that Dallas County Health will only allow 3 units per acre . Gus Pappas , City Manger said Counties have regulations that can be placed on land with septic tanks . When a developer has this many lots , he will put in a sewer treatment plant . If the city annexes this property , then the park will be on a closed sewer system and not an open treatment plant . Diane McClain of Vinson Road . What schools will the children from this park attend . City Manger Gus Papas said they would go to Garland Schools and that representatives from the Garland School District had visited the City hall staff . Diane also stated that the road was to narrow for two schools buses to be traveling on . The developer will have to bring the roads up to the city standards . Other citizens said they talked to Nancy Judy the Dallas County Commissioner wanted to know why Wylie wanted to annex Mobile Home Parks when other cities were fighting them. City Manager Gus Pappas said if the City annexed , then the city would have control. If the developer does not have his land annexed , then he can put what ever he wants with no controls . There is not a mobile home developer that will put in a septic system when he can put in a sewer treatment plant . Another citizen asked who would provide water and would there be any wells . There be be no wells and the City of Wylie would provided water . The developer has to pay for putting in the water and sewer lines from the point of existence to the end of the development . Mr . Ferguson 630 Stoneybrook said that it was more likely .... to have a trailer be destroyed if a fire occurs in one . How is the City going to provide protection with a volunteer a -- fire department? City Manager Gus Pappas said the city was already providing fire protection to the open field . Also from Mr . Ferguson was the question , how is the city going to keep up this street when it was not able to maintain the current streets . This streets within the mobile home park will be private and will be the responsibility of the developer . Chris from 803 Douglas said tax dollars is being compared to today , and should be compared to a year from now . City Manager Gus Pappas said each citizen was paying their fair share , that each mobile home is taxed and the owner of the mobile home park was taxed on the land and improvements the homes were on . Fred Ouellette 407 Woodhollow said he heard a lot of people speak , but no one said if they were far or against the mobile home park . Mr . Ouellette is against the mobile home park . Mr . Ouellette also wanted to know if the developers building in Wylie ETJ have to comply with the sub-division regulations . Mobile Nome Parks do not sub-divide so he would have to comply with sub-division regulations . Mr . Luellette also wanted to know if they property is annexed , will it then be in the Wylie School system . City Manager Gus Pappas said no , this would be in Garland School District . Nelda of Vinson Road wanted to know who the developers of this park were . T• r . Roger Finholt is the owner of C c: C Developers and he only builds Mobile Home Parks . Dan Lowell of 936 Highridge Drive said he poled the members of the Twin Creek Development which has 26 members , all have voiced opposition to this mobile home park . Citizens asked Mr . Finholt if he is not annexed will he still put in this mobile home park . Mr . Finholt said he would develop this land for a mobile home park with a sewer treatment plant . Mr . Fred Ouellette wanted to know if the Council approved this annexation is the next step for zoning . Mayor Akin said there will be two ( 2) public hearings on the annexation and then a public hearing on zoning . Councilman Simmons asked Fred if he (Fred) was on the Council table would he weight the problem of the mobile home park being controlled or left alone . Fred Ouellette said yes , he would probably loose sleep over it . Mayor Akin closed the public hearing . APPROVAL OF ANN :XATIOi' ORDINANCE iC : 3 . 0593 ACRES AND 57 . 1017 ACRES OUT OF TELL FRANCISCC ''2E LA PINA SURVEY , --- ABSTRACT 688 . This property is located on East Stone Road . Motion was made by Mayor Pro Tem Hughes to approve and sign annexation ordinance for this property . Seconded by Councilman Fulgham . The vote was as follows : Mayor Akin — in favor , Mayor Pro Tem Hughes — in favor , Councilman Simmons — abstained , Councilman Gaston — in favor , Councilman Fulgham — in favor , Councilman Spence— abstained , and Councilman Martin — in favor . This motion carried with five ( 5 ) in favor and two ( 2 ) abstained . PUBLIC HEARING ON THE ZONING FOR 3 . 0593 ACRES AND 57 . 1017 ACRES OUT OF THE FRANCISCC DE LA PINA SURVEY , ABSTRACT 688 : This property is located on East Stone Road and the request for zoning is Single Family 1 . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR 3 . 0593 ACRES AND 57 . 1017 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY , ADSTRACT 688 : Motion was made by Councilman Gaston to approve and sign zoning ordinance for above property . Seconded by Councilman Fulgham . The vote was as follow: Mayor Akin — in favor , Mayor Pro Tem Hughes — in favor , Councilman Simmons — abstained , Councilman Gaston — in favor , Councilman Fulgham — in favor , Councilman Spence estaineO , and Councilman Martin — in favor . Thin _:oLion carried with five (5) in favor and two ( 2) abstained . APPROVAL 07 ANNEXATION ORDINANCE FOR 124 . 22 ACRES COT:MONEY . EFERRED TO AS LAKE RACCE ESTATES : This property is located west of FM 1378 . Motion was made by Mayor Pro Ten T_ ,, g:hea to approve and sign annexation ordinance . Seconded by Councilman Lartin . The vote was as follows : Layor Akin — in favor , Mayor Pro ten Hushes — in favor , Councilman Sif....ons — in favor , Councilman Gaston — in favor , Councilman — in favor , Councilman Spence — in favor , and Councilman Martin — in favor . This motion carried with _.i_ in favor . APPHdVAL CF ANNEXATION ORDINANCE FOR 295 . 296 ACD.ES PUT CF TEE D . N WNAN SURVEY , ABSTRACT 660 : Motion was made by Councilman Martin to approve and sign annexation ordinance onaboveproperty . Seconded by Councilman Garcon . The -vote was as follows : Mayor Akin — in favor , Mayor Pro Tern. — 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 . PU-bLIC NEARING ON TEE ANNEXATION OF 1 . 0401 ACRES CUT OF TEE AARCN WEST SURVEY , ABSTRACT 979 : This property is located on East Stone Road and is the site for Push Creek 1 Lift I_ a Station . Mayor Akin opened the public hearing . Joyce -.a Pollard - lives on Stone Road - - wanted to know how large is this lift station . City Manager Gus Pappas said it was 58" in diameter , 16 feet above ground . Why on this side of the road . Because this is where the property has been given to the City . Councilman Simmons ask if a water tank looks bad to her . She said ino a water tank is different . Councilman Simmons said this would look like a water tank . City Manager Gus Pappas said after completion , it would be to the City ' s best interest to plant willow trees and dress up the area . There being no other questions or comments , Mayor Akin closed the public hearing . APPROVE ANNEXATION ORDINANCE FOR 5 . 359 ACRES OUT OF THE WILLIAM SACHSE SURVEY , ABSTRACT NO . 835 : This property is a part of Steel Industrial Park and is located just south of FH 544 . Motion was mace by Mayor Pro Tem Hughes to approve and sign annexation ordinance on above property . 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 notion carried with all in favor . PUBLIC HEARING ON ZONING OF 5 . 359 ACRES OUT OF THE WILLIAM SACHSE SURVEY , ABSTRACT 835 : The request for zoning is Industrial . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVE OF ZONING ORDINANCE FOR 5 . 359 ACRES OUT OF THE WILLIAM SACHSE SU VEY , ABSTRACT 835 : Motion was made by Mayor Pro Tem Hughes to sign the zoning ordinance on the above property and coning is to be industrial . Seconded by Councilman Fulgham. 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 RE-ZONING OF 1 . 208 ACRES OUT OF THE S . B . SHELBY SURVEY , ABSTRACT 820 . This property was zoned as PUD but the public hearing for re-zoning is to zone Retail . This property is located in the northeastcorner of 'Rustic Oaks Addition . Mayor Akin opened the public hearing , there being no questions or opposition , the public her ins was closed . 94 APPROVE AND SIGN ZONING ORDINANCE OH 1 . 208 ACRES OUT OF THE S . B . SHELBY SURVEY , ABSTRACT 820 : Motion was made by --�- Councilman Fulgham to approve and sign zoning ordinance . 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 . APPROVAL OF ORDINANCE ESTABLISHING REGULATIONS FOR i''OVING BUILDINGS INTO THE CITY OF WYLIE : This ordinance is provided by staff for your consideration to close an apparent loophole in our laws that would have allowed certain types of used buildings to be moved into Wylie without adequate controls . Staff recommends approval . Councilman Gaston wanted to know if thirty-five cents per mile would cover the cost for escort whern moving within the City . Does Section 7 . D mean once moved in it would meet City standards . Yes , once loved in it would meet all city standards . Motion was made by Mayor Pro Tern Hughes to approve ordinance . 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 . AWARD OF BID FOR WATER AND SEWER PUMPS : City Manager Gus Pappas said that after reviewing the bids and received of lute breaking news this afternoon , staff recommends reject all bids and resubmit advertising for bids at a later date . Motion was made by Councilman Simmons to reject all bids received and resubmit advertising for bids at a later date . 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 . AWARD OF BID FOR LIBRARY FURNITURE/EQUIPMENT FOR NEW LIBRARY : There were four bids received but one bid from Decom obtained a letter which was refusing to bid . Librarian Beverly Shockley recommends the Lid be awarded to Continential Ventures , Inc . (Wilson Library Shelving) in the amount of $18 , 491 . 15 . Motion vas made by Councilman Gaston to award bid to Continential Ventures . Seconded by Councilman Martin . The vote as as follows : Mayor Akin - in favor , Mayor Pro Tem Iughes - 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 carries: with all in favor . 77 APPROVAL FOR CONSTRUCTION PHASE OF CENTURY BUSINESS PARK : Planning and Zoning recommends this approval for construction phase . Notion was made by Mayor Pro Tem Hughes to approve . Seconded by Councilman Gaston . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - abstained , Councilman Gaston - in favor , Councilman Fulghaa - in favor , Councilman Spence - abstained , and Councilman Martin - in favor . This motion carried with five (5 ) in favor and two ( 2) abstained . PRELIMINARY PLAT FOR WALLACE INDUSTRIAL PARK : Motion was made by Councilman Simmons to approve as submitted . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Ten 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 . ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE MEADOWS : Code Enforcement Officer Roy Faires said this addition is recommends to council for approval . City Manager Gus Pappas said all fees have been paid . Motion was made by Councilman Simmons to approve acceptance . Seconded by Councilman Gaston . The vote was as follows : Mayor Akin - in favor , Mayor Pro Ter: 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 . AUTHORITY TO PURCHASE ALL OR PART OF BACKSTOP FOR FOURTH BASEBALL FIELD AT THE COMMUNITY PARK : After some discussion , motion was made by Councilman Gaston to purchase a part of the backstop at a price of $3 , 200 . Seconded by Councilman Fulgham. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tea Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulghrra - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . AUTFOP,ITY TO GO OUT FOR BIDS FOR 3/4 TON PICK-UP TRUCK FOR PUBLIC WORKS DEPARTMENT : Motion was made by Councilman Fulgham to grant authority to go out for bids for 3/4 ton pick-up truck . 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 . PRESENTATION BY BARRON COOK CONCERNING WYNDHAM ESTATES INDUSTRIAL AREA ROADS : Mr . Cook come before the Council to request that a portion of his money put up in escrow be used 1 to redo the blacktop of Eubanks Lane . Mr . Coo`:: is only responsible for half of this road and due to the type ,...,, traffic that will be on it , he would like to see the Council take the new street equipment , using half of what he is required to put up in escrow and blacktop Eubanks Lane . There is a problem with this road due to the fact that Mr . Eubanks says he owns the road from his property lane Up to T_? t:igriFiay 78 . After some discussion , Council asked Ir . GOO':. to contact Er . Eubanks to be sure it would be okay for the street to be blacktopped . PRESENTATION BY MRS . BREWER , CITIZEN : Mrs . Brewer lives at 105 S . Fourth St and said approximately one year ago the neighbors .loved in enough lumber to frame six (6) houses . The City made the people move the lumber six feet from the fence . Recently two children have been hurt on this stack of lumber . She has talked with the inspector and fire marshal and was told there was nothing the city could. do . These people rent this home they do not own it . Er . Faires said that on May 3 r d he wrote t h e people a letter stating that the lumber must be removed . Per . Faires also noted that on the first call received one year ago , he Lade the people move the lumber Oft . from the fence . Mrs . Brewer wanted to know why it took the City one year to Co something . Mayor assured Mrs . Brewer that the lumber would be removed and that staff would Lake sure of it . r,. PRESENTATION FOR CONSIDERATION OF AMENDMENT TO ELECTRICAL CODE ORDINANCE BY MR . GLEN MORROW: This item was bypassed due to Mr . Morrow not attending the meeting . APPROVAL OF BILLS PAID : Motion was made by Councilman Gaston to approve bills paid as submitted . 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 : 'lotion was made by Councilman Gaston to approve accounts payable as submitted . 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 : Notion was made to approve all departmental reports as submitted by Councilman Fulgham. Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Eayor Pro Teel E.ughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , 7 J'A Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . CITIZEN PARTICIPATION : Two representatives from Safety Mart , Jim and David , who would like to demonstrate a six ( 6) cubic yard sweeper at the end of the council meeting . Mayor Akin thanked them for coming and said the council will like to see the sweeper in operation at the end of the meeting . GENERAL COUNCIL DISCUSSION : Councilman Martin is concerned about the police/ambulance/fire truck policy . It appears that every time the ambulance is out on call , the fire trucks follow . Councilman Martin wants to have a meeting set up with each party involved and set up a new policy . Mayor Akin requested the City Manager to set up this meeting and start putting together a new policy . Mayor Akin said the Community Center needs to completed and finished out on the inside . Mayor Akin asked council for a verbal approval for this completion with Sped-Fab on the Community Center . At the next council meeting there will be an agenda item for approval of this step . Parking lot for the Library/Community Center has had. a lot of discussion about asphalt or concrete . Mayor Akin said the Bomag would put in a good parking lot for approximately $ 12 , 500 . 00 and concrete will cost approximately $62 , 000 . 00 . Mayor Akin said he would like to go for the asphalt parking lot . Mayor Akin also stated that there were funds available for the improvements to highway 78. from Garland thru to FM 205 . Mayor Akin would like for council to consider taking the money available from county and apply it all to Fh 544 in order to get this project on the way . Nancy Judy Dallas County Commissioner has told Mayor Akin that these funds for highway 78 were there and this project was on the way . Mr . Santry has worked with the Texas highway Department and will be completing the paper work on turn lanes for Highway 78 and Kirby and extending the shoulders to make an asphalt lane . Mayor Allen of St . Paul called today to tell us the council has met and was going to consider official action on a interlocal agreement with Wylie on a turn key job for sewer for the City of St . Paul . St . Paul is ready for Wylie to have complete control of the sewer going into their city and take care of laying all lines and collecting all fees , and billing St . Paul residents monthly for sewer charges . City Manager Gus Pappas said there has been 132 replies on the new city hall project . There were 120 replies in favor 98 of the new city hall , G replies opposed , and 4 replies undecided . City Manager Gus Pappas talked to council about taking the bills paid and accounts payable and departmental reports off the monthly agendas due to the heavy agendas the council has been having . These reports will be put in the council boxes and each Friday , sent out to the councilnembers . Council agreed that this would be okay. Motion was made by Mayor Pro Tem Hughes to adjourn . Seconded by Councilman Simmons . All in favor . 7 ATTEST Carol`T one 3 , City Secretary a