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
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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 .
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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
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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
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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
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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