09-24-1985 (City Council) Minutes 1172
CITY COUNCIL MEETING
MINUTES
SEPTEMBER 24 , 1985
The Wylie City Council met in regular session on Tuesday ,
September 24 , 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 Pro Tem Don Hughes , Councilmembers
Randall Gaston , William Martin , Harold Spence , Percy
Simmons , and Joe Fulgham, City Manager Gus Pappas , City
Secretary Carolyn Jones , Public Works Director Bill Windham ,
Finance Director James Johnson, Code Enforcement Officer Roy
Faires , Scott Dorsey and Elayne Mayes of The Wylie News ,
Lester Gayler , Dr . Tom Jones , Tom Mayes , Mike Cummings , Jim
McKnight and other citizens . Mayor John Akin was out of
town .
Mayor Pro Tem Hughes called the meeting to order and
Councilman Martin gave the invocation .
APPROVAL OF MINUTES : There being no corrections or addition
to the minutes , a motion was made by Councilman Gaston to
approve as submitted . Seconded by Councilman Martin . The
vote was as follows : 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 .
RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO
CHANGE THEIR MEETING NIGHTS : This item was placed on the
last P&Z agenda by the staff . At their meeting they voted
unanimously to recommend a change to the first and third
Thursday of each month. The primary reason for this change
is that items usually appear before the P&Z before they are
placed on the Council agenda but , with the meeting times set
as they are , the P&Z meets after the Council and any item
transmitted to the Council , then has a full two week delay .
If this change is approved , it could not be affected until
Jan . 1 , 1986 . Motion was made by Councilman Gaston to
approve the change . Seconded by Councilman Fulgham . The
vote was as follows : Mayor Pro Tem Hughes - in favor ,
Councilman Simmons - in favor , Councilman Spence - in favor ,
Councilman Martin - in favor , Councilman Fulgham - in favor ,
Councilman Gaston - in favor . This motion carried with all
in favor .
APPROVAL OF ANNEXATION ORDINANCE FOR 128 . 12 ACRES OUT OF THE
J . MITCHELL SURVEY, ABSTRACT 589 : This property is located
on McMillan Road west of FM 1378 . This property is known
as the Thurman property . Motion was made by Councilman
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Gaston to approve the annexation ordinance . Seconded by
Councilman Martin . The vote was as follows : 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 FOR ZONING REQUEST FOR AGRICULTURAL ZONING ON
128 . 12 ACRES OUT OF THE J . MITCHELL SURVEY , ABSTRACT 589 :
This property is located on McMillan Road west of FM 1378
and is known as the Thurman property . Mayor Pro Tem Hughes
opened the public hearing , there being no questions or
opposition , the public hearing was closed .
APPROVAL OF ZONING ORDINANCE FOR 128 . 12 ACRES OUT OF THE J .
MITCHELL SURVEY , ABSTRACT 589 : This property is located on
McMillan Road west of FM 1378 and is known as the Thurman
property . Motion was made by Councilman Gaston to approve
and sign zoning ordinance on the agricultural zoning .
Seconded by Councilman Fulgham . The vote was as follows :
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 REQUEST FOR PLANNED DEVELOPMENT ZONING
AND THE APPROVAL OF THE CONCEPT PLAN FOR 57 . 1017 ACRES OUT
OF THE FRANCISCO DE LA PINA SURVEY , ABSTRACT 688 : This
property is located on East Stone Road and is known as
Benedict Estates . Mayor Pro Tem Hughes opened the public
hearing . Mr . James Langcaster representing Benedict Estates
said they were providing larger lots and open areas than
what the City ' s ordinance calls for . Has a of minimum home
size of 2200 square feet . Benedict will also dedicate the
green belt to the City but they would want to keep it until
it is all complete . City Manager Gus Pappas said the only
comment from staff was the lack of alleys . There are no
alleys in this development . Staff has no objections to this
plat and does recommend approval . There being no other
questions , the public hearing was closed .
APPROVAL OF ZONING ORDINANCE FOR 57 . 1017 ACRES OUT OF THE
FRANCISCO DE LA PINA SURVEY , ABSTRACT 688 : This property is
located on East Stone Road an is known as Benedict Estates .
The Planning and Zoning Commission recommends approval of
the PD designation by a vote of 6-0 . There being no
question , a motion was made by Councilman Gaston to approve .
Seconded by Councilman Fulgham. The vote was as follows :
Mayor Pro Tem Hughes - in favor , Councilman Simmons -
abstained , Councilman Spence - abstained , Councilman Martin
- in favor , Councilman Fulgham - in favor , and Councilman
Gaston - in favor . This motion carried with four (4) in
favor and two abstentions .
1 ._
PUBLIC HEARING ON THE ANNEXATION OF 2 . 97 ACRES OUT OF THE E.
C . DAVIDSON SURVEY, ABSTRACT 266 : This property is located
on FM 3412 , and is known as the Ledon Bramlett property .
The Planning and Zoning Commission recommends approval of
this by a vote of 6-0. Mayor Pro Tem Hughes opened the
public hearing , there being no questions or opposition , the
public hearing was closed .
PUBLIC HEARING ON THE ANNEXATION OF 3 .0 ACRES OUT OF THE E .
C . DAVIDSON SURVEY , ABSTRACT NO . 266 : This property is
located on FM 3412 and is known as the John Ereckson . Mayor
Pro Tem Hughes opened the public hearing , there being no
questions or opposition the public hearing was closed .
PUBLIC HEARING ON THE ANNEXATION FOR 45 . 182 ACRES OUT OF THE
D . W . WILLIAMS SURVEY , ABSTRACT 980 : This property is
located on the north side of Elm Road , east of the
intersection of S . Ballard St . and Elm Road . Mayor Pro Tem
Hughes opened the public hearing , there being no questions
or opposition , the public hearing was closed .
PUBLIC HEARING ON THE ANNEXATION OF 11 . 265 ACRES OUT OF THE
W. D . BARNETT SURVEY , ABSTRACT 56 : This property is located
on FM 1378 north of the property known as Crescent Cove .
Mayor Pro Tem Hughes opened the public hearing , there being
no questions or opposition , the public hearing was closed .
PUBLIC HEARING ON THE ANNEXATION OF 7 . 599 ACRES OUT OF THE
M. SPARKS SURVEY, ABSTRACT 840 : This property is located on
the north side of FM 544 and at the Wylie/Murphy City limits
sign . City Manager Gus Pappas reminded the Council they had
released the ETJ on the west side of this tract of land back
to Murphy . Mayor Pro Tem Hughes opened the public hearing ,
there being no questions or opposition , the public hearing
was closed .
PUBLIC HEARING ON THE ANNEXATION OF 22 ACRES BEING THE
RIGHT-OF-WAY THE ST. LOUIS AND SOUTHWESTERN RAILROAD CO. :
This 22 acres is out of the following : 1 . 7 acres out of the
S . Coose Survey , Abstract 187 , 4 . 821 acres and 5 . 579 acres
out of the W . S . Bohannon Survey , Abstract 122 and 9 . 9 acres
out of the W. C . Twitty Survey , Abstract 918 . Mayor Pro Tem
Hughes opened the public hearing , there being no questions
or opposition , the public hearing was closed .
PUBLIC HEARING ON ANNEXATION OF 112 . 12 ACRES OUT OF THE M.
SPARKS SURVEY , ABSTRACT 849 : This 112 . 12 acres is out of
the following tracts , 105 . 22 acres out of Tract 4 , 3 . 3 acres
out of Tract 5 , 3 . 6 acres out of Tract 38 . This property is
located on the north side of West FM 544 approximately at
the city limits sign of Wylie and Murphy . Mayor Pro Tem
Hughes opened the public hearing , there being no questions ....
or opposition , the public hearing was closed .
PUBLIC HEARING ON THE ANNEXATION OF 83 . 28 ACRES AND 106 . 53
ACRES OUT OF THE WILLIAM SACHSE SURVEY , ABSTRACT 835 : This
property is located on the south side of West FM 544 , west
of Steel Industrial Park . Mayor Pro Tem Hughes opened the
public hearing , there being no questions or opposition , the
public hearing was closed .
PUBLIC HEARING ON THE ANNEXATION OF 95 . 49 ACRES OUT OF THE
D. STRICKLAND SURVEY, ABSTRACT 541 : This property is
located on the South side of West FM 544 and west of and
adjacent to Hardcast Co . Mayor Pro Tem Hughes opened the
public hearing , there being no questions or opposition , the
public hearing was closed .
PUBLIC HEARING ON THE ANNEXATION OF 4 . 132 ACRES AND 5 . 739
ACRES OUT OF THE W. S . BOHANNON SURVEY , ABSTRACT 121 : This
is a total of 9 . 871 acres and is the right-of-way for SH 78
and belonging to the State of Texas . Mayor Pro Tem Hughes
opened the public hearing , there being no questions or
opposition , the public hearing was closed .
PUBLIC HEARING ON THE ANNEXATION OF 5 . 968 ACRES OUT OF THE
W. S . BOHANNON SURVEY , ABSTRACTS 121 , 9 . 8 AND 5 . 18 ACRES OUT
OF THE W. C . TWITTY SURVEY , ABSTRACT 918 : This annexation
is for a total of 20 . 948 acres and is the right-of-way of
the ATSF Railroad Co . Mayor Pro Tem Hughes opened the public hearing , there being no questions or opposition , the
public hearing was closed .
PUBLIC HEARING ON THE ANNEXATION OF 1117 . 9 ACRES OUT OF
FRANCISCO DE LA PINA SURVEY , ABSTRACT 688 , JNO. CAMPBELL
SURVEY , ABSTRACT 239 , 0 . SHELBY SURVEY , ABSTRACT 54 AND M.
PHELAN SURVEY , ABSTRACT 697 : This 1117 . 9 acres is Federal
Land owned by the United State of America and is located
near the East Fork of the Trinity River North through the
dam location into the water and west to approximately the
East Fork site in and around Lake Lavon . Mayor Pro Tem
Hughes opened the public hearing . Councilman Fulgham asked
about the City ' s liability . City Manager Gus Pappas said
the City had no liability in the parks as they would remain
under the Cor . of Engineers . There would be immediate
police and fire protection . Chief Abbott has been working
with the Cor . of Engineers and the County for the City to be
granted the moneys set aside for this type of protection
from the State . There being no other questions or
opposition , the public hearing was closed .
PUBLIC HEARING ON THE ANNEXATION OF 1360 . 748 ACRES OUT OF
THE S . COOSE SURVEY , ABSTRACT 187 , W. S . BOHANNON SURVEY,
ABSTRACT 121 , W. C . TWITTY SURVEY, ABSTRACT 918 , L . B . HILL
SURVEY , ABSTRACT NO. 433 , FRANCISCO DE LA PINA SURVEY ,
ABSTRACT 688 , AND THE W . H . MOORE SURVEY , ABSTRACT 638 :
This property is located from approximately the East Fork
Park site out into Lake Lavon with a Western border going
116
North along the shoreline and Federal land to a point around
Collin Park . All of this property is Federal Land belonging
to the United States of America . Mayor Pro Tem Hughes
opened the public hearing . Mr . Richard Abernathy , attorney ,
representing Mr . Mill of the Collin Park Marina wanted to
know what plans the City has for this area after annexation .
City Manager Gus Pappas said there would be police and fire
protection immediately and water and sewer service will be
available as required by state law. The question was asked
about the road leading into Collin Park , and did the City
have plans for any other road . If this road is a county
road , then the County would be responsible for maintaining
it , and at this time , the City does not plan on any other
road . The next question asked was about the zoning for this
area . City Manager Gus Pappas said at the present time
there is no zoning . After annexation , the actual use of
this property would be grandfathered and the marina would be
allowed . It is very doubtful for any type of zoning other
than what is being used at present . Mr . Abernathy said he
and Mr . Miller welcomes the City of Wylie and the police and
fire protection .
Mr . Carl Shear feels this property will be a burden on the
City if annexed . City Manager Gus Pappas said this was the
first of two public hearings then there would be a twenty
(20) day wait prior to signing the annexation ordinance . At
the time of signing the ordinance , the City staff and �...
Council has had time to look over the annexation and make
the right decision for the City . The city limits of St .
Paul does not extend out to the Federal Land that the City
of Wylie is annexing . Because a road carries the name of St .
Paul Road , does not mean it is in the city limits . Mr .
Shear is concerned that the City will put up toll gates .
City Manger Gus Pappas said the City of Dallas has Lake Ray
Hubbard but this lake is within the Wylie ETJ and it does
not have toll gates . You must remember that the Parks will
remain under the control of the Cor . of Engineers and not
under the control of the City . The City may and will
enforce the ordinances and laws , but will not be allowed to
control the parks . There being no other questions , the
public hearing was closed .
ACCEPTANCE OF PUBLIC IMPROVEMENTS IN POINTE NORTH ADDITION:
City Manager Gus Pappas said the Council is being asked to
accept these improvements , but at this time staff can not
recommend these improvements . In the Subdivision Ordinance ,
there is a requirement for streets to have a seven ( 7) day
break and a twenty—eight ( 28) day break. The p . s . i . on the
7 days did not exceed the 3000 psi requirement and the 28
day break will not be ready until Oct . 5 , 1985 . This
acceptance should be placed on the next Council agenda and
this has been told to the developer . Staff recommends this
time not be acted on until the Oct . 8th meeting .
Mr . Jim McKnight said the developer wanted this to be
accepted contingent upon the twenty-eight ( 28) day break .
Mr . McKnight also reminded Council that this was done for
another developer . City Manager Gus Pappas said the special
consideration for the other developer was done because it
was one day after council meeting that the twenty-eight ( 28)
day break would occur . If this had not been done , the
developer would have had to wait for two or three weeks .
Motion was made by Councilman Gaston to table until the
twenty-eight day break . Seconded by Councilman Simmons .
The vote was as follows : Mayor Pro Tem Hughes - against ,
Councilman Simmons - in favor , Councilman Spence -
abstained , Councilman Martin - in favor , Councilman Fulgham
- in favor , and Councilman Gaston - in favor . This motion
carried with four (4) in favor , one ( 1 ) against and one ( 1 )
abstention .
AUTHORIZATION TO GO OUT FOR BIDS FOR TWO (2) JEEPS : These
jeeps were authorized in the 1985-86 budget , one goes to
engineering and one goes to meter reader . Motion was made
by Councilman Simmons to grant authorization to go out for
bids . Seconded by Councilman Fulgham . The vote was as
follows : 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 GO OUT FOR BIDS FOR TWO (2) POLICE PATROL
CARS : These patrol cars were authorized in the 1985-86
budget . A bid process started now will get delivery of the
two cars in February or March . Motion was made by
Councilman Fulgham to grant authorization to go out for gids
for two (2 ) police patrol cars . Seconded by Councilman
Simmons . The vote was as follows : 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 GO OUT FOR BIDS FOR WATER GROUND STORAGE
TANK FOR SERVICE TO CRESCENT COVE AREA : This property is on
FM 1378 and will need water service from the City . This
tank is needed to be bid now in order that we may have a
tank coming for the development of Moussa/Beckham on FM 1378
North of Birmingham . Motion was made by Councilman Spence
to grant authorization to go out for bids for water ground
storage tank . Seconded by Councilman Martin . The vote was
as follows : 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 .
rig
nullivt�lGAl1VN iu GO OUT FOR BID FOR METERING EQUIPMENT :
This item needs to be advertised for bid in order to place
an order for calibrated metering equipment to be installed
turn-key at the various tank sites . The individual pieces
are less than the bid requirements but the whole package is
just over the $5000 . level and we want to buy the entire
item , including adjustments and setting from one source .
Motion was made by Councilman Simmons to grant authorization
to go out for bid for metering equipment . Seconded by
Councilman Martin. The vote was as follows : 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 : Lester Gayler apologized for
not be able to make the last council meeting , as it was due
to sickness in his family . Mr . Gayler asked the Council to
consider doubling his compensation pay , which is now at
$270 . 00 per month. Mr . Gayler said the amount he is
receiving now does not compensate his time from his shop and
for the business he is unable to do .
Councilman Martin asked how much time he was devoting to the
fire marshal position . Lester said 20 hours a week is what
his pay is based on but he said he gives more than 20 hours . —�
Mayor Pro Tem Hughes wanted to know how many hours he is
spending now. Lester Gayler said he did not keep a record
but that it was more than 20 hours .
Councilman Simmons asked how many on-site inspections he did
each week. Lester said 3 to 5 in a month .
Councilman Martin wanted to know how may pay increases .
Lester said from $6 . 00 a month the first year up to $25 . 00
then to $100 .00 and then to the present $250.00 plus $20.00
car allowance . Councilman Martin asked if he used his car
all the time . Lester said at one time last summer he used
the fire car that belongs to the city .
Councilman Fulgham said this needed to be discussed further .
Councilman Simmons said this needed to be looked at and
studied more before making a decision .
Motion was made by Councilman Martin to set aside a work
session for discussing this matter . Seconded by Councilman
Gaston . The vote was as follows : 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 REVISED 1984-85 BUDGET : Finance Director James
Johnson reported to the Council the major changes as
follows :
added $50 ,000 . to the Library , added $15 , 000 . to
Sanitation and $33 , 000 . for water and pipeline ,
$17 , 000 . Streets and Drainage and $10 ,000 . for bulk
water purchases .
Motion was made by Councilman Gaston to adopt the revised
1984-85 Budget . Seconded by Councilman Simmons . The vote
was as follows : 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 .
CITIZEN PARTICIPATION : Mr . Gene Perish introducehimself
as being the new District Manager of Lone Star Gas .►out of
the Garland district . Mr . Perish said if he could 'help the
City in any way to please contact him .
COUNCIL DISCUSSION : Councilman Gaston said it was very dark
outside the Library and Community Center . Mr . Roy Faires
said that the poles and lights were to be under
construction . The poles are up , and the lights should be up
soon .
Councilman Spence said the lighting on Highway 78 needed to
be addressed , as there are parts of the Highway that have no
lights at all .
Councilman Spence also stated that Mr . Roy Faires new
assistance is a very eager person . Mr . Kenny Powell went by
a house that had a sign for siding in the front yard and
immediately sent out a letter to the citizen about running a
business out of his home . This sign was for the company
putting siding on this citizens home . Councilman Spence
would like for Mr . Faires to apologize to this citizens .
City Manager Gus Pappas told Councilman Spence that he was
aware of what had happened and that the citizens was in his
office when Mr . Faires apologized to him for the letter .
Councilman Spence said he was having problems with builders
in the Oaks addition using the vacant lot as a dump ground .
Could Mr . Faires assist in this problem. Also there have
been boats ( large boats) parked on the street on Spence
Drive . Will Mr . Faires please take care of this .
Councilman Spence said the City was sending out a lot of
weedy lot letters and yet they were not mowing the highway
right-of-ways . City Manager Gus Pappas said it was the
state responsibility to mow the highway right-of-way .
.A.0 Lr
City Manager Gus Pappas has had a request from an individual
who is in the Steel Industrial Park area and needs to errect
a 984 foot tower for his communication business . He will be
making application with the Zoning Board of Adjustments for
this special permit for such a tower .
City Manager Gus Pappas said he has a report on the cost of
hot mix asphalt for Kirby Street . This can be on the work
shop for discussion .
Council requested a work shop on Tuesday , October 1 , 1985 at
7 :00 P . M.
Motion was made to adjourn by Councilman Spence . All in
favor .
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SEAL * Don Hughes ay Pro Tem
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ATTEST : , _P5
Caroly one ity Secretary