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09-10-1985 (City Council) Minutes ':' . ' 1F' ' CITY COUNCIL MEETING MINUTES SEPTEMBER 10, 1985 7 :00 P. M. The Wylie City Council met in regular session on Tuesday , September 10 , 1985 at 7 : 00 P . M. in the Wylie Community Center . 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 , Councilmembers Percy Simmons , William Martin , Harold Spence , Randall Gaston, and Joe Fulgham, City Manager Gus Pappas , City Secretary Carolyn Jones , Finance Director James Johnson, Code Enforcement Officer Roy Faires , Director of Pubic Works Bill Windham, Elayne Mayes and Scott Dorsey of the Wylie News , Tom Mayes , Roland Forester , Bro . Al Draper , Alan Stroud and other citizens . Mayor Akin called the meeting to order and gave the invocation . APPROVAL OF MINUTES : There being no corrections or additions to the minutes , Councilman Gaston made a motion to approve 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 Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . OATH OF OFFICE TO DR. TOM JONES , CITY HEALTH OFFICER. Mayor Akin asked the City Secretary to give the oath of office to Dr . Tom Jones . Mayor Akin then thanked Dr . Jones for accepting this office . LIST OF GUIDELINES FOR COMMUNITY ROOM RENTAL ORDINANCE: Mayor Pro Tem Hughes said he sat in on the meeting with the Park Board and there was a lot of discussion on these guidelines . The Park Board would like to resend item No . 8 . After much discussion on letting one group lease reserve the center for a year on every Saturday night , Mrs . Tibbals said the Park Board had the same problem of not wanting one group to have the center for each week end . Mrs . Tibbals suggested that the length of time in item 7 be shortened . Mayor Pro Tem Hughes said he had a problem of leasing out for one year on the weekend , that if a group wanted it during the week for a year , it would be ok. Mrs . Tibbals suggested that in item 1 if the phrase "any multiples thereof" be deleted . City Manager Gus Pappas said this phrase was to add hours not months . City Manager Gus Pappas requested that Item 8 the sentence "Termination for this cause will result in forfeiture of all fees and rental paid for the period and could result in the disallowing of any future opportunity for rental" be left in the guidelines . --. Motion was made by Mayor Pro Tem Hughes to approve the guidelines with the correction in item one of deleting the phase any multiples thereof and leaving the one sentence in item 8 . Seconded by Councilman Fulgham. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF PLAN FOR STREET THROUGH "THE MEADOWS" : This is the street that will from S . Birmingham through to S . Ballard and align with the entry drive to Wylie Middle School . City Manager Gus Pappas said this is a accident prone area and this proposal would make this a safer right angle turn onto Ballard . Councilman Fulgham said this was requested by Planning and Zoning at one time . City Manager Gus Pappas said it has also been requested by the Middle School Principal . Motion was made by Councilman Simmons for the public works department to prepare this road . Seconded by Councilman Fulgham . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF FINAL PLAT FOR JACOBS ADDITION: This is the final plat for the Jacobs Addition. This is an ETJ review since this property is not yet in the City Limits of Wylie . This subdivision takes place to accommodate the desires of the owners of DC Automotive who wish to be in the City of Wylie . This property will not take in the "RV Park" . The City did require an additional 20 feet of right-of-way necessary for future widening of FM 544 . Staff recommends approval . Motion was made by Councilman Martin to approve final plat . 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 Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . AUTHORIZATION TO PAY FOR OVER-SIZING OF WATER LINE AND VALVES AT NTMWD IN CONNECTION WITH THE DEVELOPMENT OF WYNDHAM ESTATES : City Manager Gus Pappas said the over- sizing occurred during the time in which the staff and council were putting together the regulations for over- sizing of lines . City Manager Gus Pappas said the City Engineer reviewed this and we asked the developer to over- size the line . The amount to be paid to the developer is $10 , 086 . 87 . Motion was made by Councilman Gaston to approve VCG'j.63 the payment for over-sizing of the water lines . Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . AUTHORIZATION TO INSTRUCT CITY ATTORNEY TO PREPARE A "QUIT CLAIM" DEED TO CURVED RIGHT-OF-WAY ON THE NORTHWEST CORNER OF MASTERS ST. AND FOURTH STREET: This request has come from one of the property owners . The staff feels that this is a proper thing to do as the curve is dangerous and simply increases the amount of streets within the City without any benefit . The staff recommends approval . Mayor Akin said that the property owner will be responsible for breaking up the road in this area . Motion was made by Mayor Pro Tem Hughes to approve with the stipulation that the property owner will have the responsibility of breaking up the road . Seconded by Councilman Gaston. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - against , Councilman Spence - against , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with five in favor and two against . APPROVAL OF ANNEXATION ORDINANCE FOR 2 ACRES OUT OF THE WILLIAM SACHSE SURVEY ABSTRACT 835 : This property is located on FM 544 and is a part of the Jacobs Addition. Motion was made by Councilman Gaston to approve ordinance . Seconded by Councilman Fulgham. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ZONING OF 2 ACRES (LOT 1 , BLOCK B JACOBS ADDITION) OUT OF THE WILLIAM SACHSE SURVEY, ABSTRACT NO. 835 : Mayor Akin opened the public hearing , and stated that the request for zoning is for Business -2 . . City Manager Gus Pappas gave the location of this property as being on FM 544 and just in front of Steel Industrial Park. This is the property commonly known as DC Automotive . Mr . Fred Ouellette of 407 Woodhollow asked if this is the property with the campers . City Manager said no this property does not include the campers . Mr . Ouellette than wanted to know if the owner had to comply with the city ordinances now. City Manager said he had to conform to the ordinances . There being no other questions , the public hearing was closed . 016164 APPROVAL OF ZONING ORDINANCE FOR 2 ACRES (LOT 1 , BLOCK B JACOBS ADDITION) OUT OF THE WILLIAM SACHSE SURVEY, ABSTRACT 835 : The request for zoning for this property is Business - 2. Motion was made by Councilman Fulgham to approve zoning. Seconded by Councilman Spence . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . „rw x./ APPROVAL OF ANNEXATION ORDINANCE FOR e : A RES OUT OF THE J. D. SHELBY SURVEY, ABSTRACT 819 AND THE N. A. ATTERBURY SURVEY ABSTRACT 1763 : This property is located east of S . FM 544 and north of the East designation of Vinson Road . Motion was made by Councilman Fulgham to approve annexation 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 Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . SECOND PUBLIC HEARING ON THE ANNEXATION OF 18 .009ACRES OUT OF THE WILLIAM SACHSE SURVEY, ABSTRACT 835 , 1 .97 ACRES OUT OF THE L. K . PEGUES SURVEY, ABSTRACT 703 , 3 .69 ACRES OUT OF THE I . CLIFTON SURVEY, ABSTRACT 193 : This property is ^� commonly known as the Texas Power and Light Property . T P & L owns this property and this is not an easement . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . SECOND PUBLIC HEARING ON THE ANNEXATION OF 17 . 1478 ACRES OUT OF THE WILLIAMS SACHSE SURVEY, ABSTRACT 835 : This property is located in the Steel Industrial Park/Regency Industrial Park area. Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed . APPROVAL OF AMENDMENT TO SUB-DIVISION ORDINANCE REGARDING PAVING SPECIFICATIONS: This is the ordinance that was discussed at an earlier meeting . This action will constitute an intermediate step until the more comprehensive amendment can be made . Motion was made by Councilman Gaston . 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 Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ADOPTION OF THE PROPOSED TAX RATE FOR THE CITY OF WYLIE FOR THE FISCAL YEAR 1985-86 : The proposed OCC1. 0F tax rate for the fiscal year 1985-86 is 49 cents per $100 of appraised value . Mayor Akin opened the public hearing . Mr . Fred Ouellette , 407 Woodhollow wanted to know if the computer run todate for the City is the $100 ,000 . for City Hall and the $25 ,000 . for Council Reserve still in tack. City Manager Gus Pappas said that the funds for the city hall were still in tack, but that the Council had votes some time back to use a portion of their reserve for a bill of approximately $18 , 500 . The Reserve in the Water and Sewer Fund is still in tack. Mr . Fred Ouellette also stated that the figures in the 1984 column was different from the 1984 budget , why . City Manager said that was because a few months ago the Council had votes to amend the budget . Mr . Ouellette wanted to know if the budget could be amended without a public hearing . City Manager said it could as long as it was just moving money from item to time , to update revenues received above what was budgeted . Mr . Ouellette wanted an explanation about the tax rate being an increase when it was staying the same rate as last year . City Manager said that the State of Texas requires you to have public hearings and state that the tax rate is more on a percentage basis of amount of revenues being received from one year to the next . Mr . Ouellette also had several questions about different line items in different departments . The City Manager answered these questions as they were asked . Mr . Ouellette then said that he did not have a good feeling that the Council was trying to reduce spending . Mayor Pro Tem Hughes said that if Mr . Ouellette has lived here as long as the Council , he would know the complaints about what needs the City needed to take care of . Mayor Pro Tem Hughes also stated that all the other citizens , with the exception of Mr . Ouellette , had only good things to say about the budget and were glad to have a Council not afraid to up grade the City . Mayor Akin said this city has always stayed out of Bonds due to the long term issues . He said he felt it was poor taste for Mr . Ouellette to regard the reserve as a Council slush fund . Mayor Akin said Mr . Ouellette needed to see the worn out water lines , poor streets and have done without for as long a time as this city has . Mayor Akin also said we are preparing for the future . Mr . Chris DiTota of 803 Douglas Court wanted to know if anyone was exempt from paying taxes . City Manager said by law you cannot tax some and not others . The City does have a senior citizens over 65 exemption of $15 ,000 .00 , and there is also a VA exemption that is state regulated . Mr . DiTota wanted to know about the voluntary fire department and if it will ever be a paid department . Councilman Simmons asked if 0c0166 Mr . DiTota would feel better if the city had a paid full time fire department . Mr . DiTota said he would feel better with a full time fire department . Councilman Fulgham said most of the increase in budget is coming from the growth through annexation and building . Mr . DiTota then asked about FM 544 and was it going to be six lanes . City Manager Gus Pappas said this was a State Highway and the State does move slow. Although Highway 78 is to be widened beginning in 1987 and completed in 1989 . There being no other questions , Mayor Akin closed the public hearing . ADOPTION OF BUDGET ORDINANCE FOR FISCAL YEAR 1985-86 : Motion was made by Mayor Pro Tem Hughes to adoption ordinance for the General Fund and Utility Fund Budget for fiscal year 1985-86 . Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . ADOPTION OF ORDINANCE FOR THE PROPOSED TAX RATE FOR FISCAL YEAR 1985-86 : The proposed tax rate for fiscal year 1985-85 --+ is 49 cents per $100 appraised value . Motion was made by Mayor Pro Tem Hughes to approve ordinance for tax rate . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF AMENDMENT TO ORDINANCE NO. 79-16 FOR THE CONTROL OF WEEDS AND BRUSH IN THE CITY OF WYLIE: This amendment enhances the current ordinance by providing for immediate action in certain limited cases where public health and safety is in jeopardy . Motion was made by Councilman Gaston to approve . Seconded by Councilman Martin. The vote was as follows : Mayor Akin _- in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF AMENDMENT TO ORDINANCE NO. 82-14 REGULATING GARAGE SALES WITHIN THE CITY OF WYLIE : This amendment adds enforceable language to the current ordinance particularly in the area of signage making clearer what is and is not allowed and establishing penalties for violations . Motion was made by Councilman Simmons to approve . Seconded by 0rr 16 Mayor Pro Tem Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . PRESENTATION BY FIRE MARSHAL REFERENCE PAY AND ALLOWANCES : Mayor Akin said to let the records reflect that Mr . Lester Gaylor did not show up for the meeting . CITIZEN PARTICIPATION : Mr . Chris DiTota of 803 Douglas wanted to know what the weed ordinance was . Roy Faires said it was grass and weeds in excess of 18" in height . Mr . DiTota wanted to know the status of the Rush Creek Lift Station . City Manager said the tank has been order and engineering has been completed . Construction should begin soon . Mr . DiTota has had a lot of problems with sewer in he year and a half he has lived here . Also had verbal abuse from the city employees . Mr . Bill Windham asked Mr . DiTota to see him after the meeting in regards to the city employees . Art Harris of 324 S . First said along the west side of Ballard Street there has been water in the ditch between Ballard and Butler . Mr . Windham said this water lines belongs to North Texas Municipal Water District . They are working on this problem. Also some of the property owners are fencing in the alley easement . There are TP&L poles in this alley that need repairing and there is no way to get to these poles . Also there is a problem with the storm drainage . It backs up in their back yard and other property owners along First Street . Mr . Harris also said he had of problem of needing some dirt under his sidewalk. COUNCIL DISCUSSION: Councilman Martin would like for the representative from Texas Power and Light Company to be at the next meeting if possible . Councilman Martin said there has been a lot of power failures in the Wylie area . Councilman Martin wants to know of the plans for the future that TP&L may have . Also he has been receiving complaints on the traffic hazard caused by cars setting with for sale signs on them on Highway 78 and blocking the view of crossing the highway . City Manager said Council could adopt an ordinance that would help correct this . Councilman Fulgham asked if there would be a smoother finish when Kirby Street is finished . Mr . Bill Windham said yes . Also , Councilman Fulgham thanked the citizens who had come to the meeting and showed interest in the City . Mayor Akin wanted to know if the flag pole at the Police Department could be extended . Mr . Bill Windham said this pole should not be extended because it is fiber glass . City 000168 Manager said that Bill had talked to him about changing out this flag pole , but with the upcoming move for City Hall , we would want new poles and therefore we would not go the expense of changing out this pole . Mayor Akin said if the cost was not to great , to go ahead and change out this flag pole . Councilman Martin also has had complaints about the walk way at Hartman Elementary . Since the road work the walk way to cross the street has been destroyed and the kids are having to walk into the ditch to cross . Mr . Bill Windham said this would be corrected as soon as the street is completed . Mayor Akin said he would be leaving on September 21st and would be gone through Oct . 12th on vacation . Motion was made to adjourn by Mayor Pro Tem Hughes , seconded by Councilman Simmons . All in favor . eouiii me- John W. Akin, Mayor SEAL ** ATTEST-, Carolyn nes y Secretary