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11-12-1985 (City Council) Minutes CITY COUNCIL MEETING MINUTES NOVEMBER 12 , 1985 7 :00 P. M. The Wylie City Council met in regular session on Tuesday , November 12 , 1985 at 7 : 00 P . M. in the Community Center of Wylie . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Mayor Akin presided . Those present were Mayor John Akin, Mayor Pro Tem Don Hughes , Councilmembers Percy Simmons , Randall Gaston , Joe Fulgham, Harold Spence , and William Martin , City Manager Gus Pappas , City Secretary Carolyn Jones , Public Works Director Bill Windham, Finance Director James Johnson , Scott Dorsey and Elayne Mayes from the Wylie News , Tom Mayes , Ledon Bramlett , Jim McKnight , Peter Martez of Farmers Electric Coop . and other citizens . Mayor Akin called the meeting to order and Councilman Martin gave the invocation . APPROVAL OF MINUTES : There being no corrections or additions to the minutes , a motion was made by Mayor Pro Tem Hughes 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 . PUBLIC HEARING ON THE FRANCHISE REQUEST FROM FARMER ' S ELECTRIC COOPERATIVE, INC. : This is the second public hearing for the franchise with Farmer ' s Electric . Mayor Akin opened the public hearing and called on Mr . Pete Martez , representative from Farmer ' s Electric Cooperative . Mr . Martez said he has worked with Mr . Johnson and that Farmer ' s Electric had no problems with this franchise agreement . There being no other questions , the public hearing was closed . APPROVAL OF FRANCHISE ORDINANCE FOR FARMER ' S ELECTRIC COOPERATIVE, INC . : This ordinance has been prepared and reviewed by staff and also reviewed by the Texas Municipal League special Counsel . Motion was made by Mayor Pro Tem Hughes to approve franchise ordinance . Seconded by Councilman Gaston . The vote was as follows : Mayor Akin - in favor , 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 . J. APPROVAL OF ANNEXATION ORDINANCE FOR 11 . 265 ACRES OUT OF THE W. D . BURNETT SURVEY, ABSTRACT NO. 56 : This property is ...,, located on FM 1378 north of the Birmingham Farms . This is the final step making this tract a part of the corporate limits of the City of Wylie . This is the topmost portion of the Moussa property and represents one of our corporate corners . Motion was made by Councilman Simmons to approve and sign annexation ordinance for 11 . 265 acres out of the W. D . Burnett Survey , Abstract No . 56 . 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 . PUBLIC HEARING ON THE ZONING FOR 11 . 265 ACRES OUT OF THE W. D. BURNETT SURVEY, ABSTRACT NO. 56 : This property is located on FM 1378 north of the Birmingham Farms and has a request for zoning for multi-family . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVAL OF ZONING FOR 11 . 265 ACRES OUT OF THE W. D . BURNETT SURVEY , ABSTRACT NO. 56 : Councilman Fulgham asked about the number of acres being zoned multi-family . City Manager Gus Pappas said he did not have the exact figures but somewhere around 30 acres plus this 11 acres . This would be minus the .—• roads and parking and alleys . Planning and Zoning Commission recommends this zoning to Council with a vote of 5-0 . Motion was made by Councilman Gaston to approve and sign zoning ordinance for 11 . 265 acres as multi=family . 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 . APPROVAL OF ANNEXATION ORDINANCE FOR 3 ACRES OUT OF THE E. C. DAVIDSON SURVEY, ABSTRACT 266 : This property is located on FM 3412 and is the property belonging to John Ereckson. Motion was made by Councilman Fulgham to approve annexation ordinance for 3 acres out of the E. C. Davidson Survey . 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 . PUBLIC HEARING ON THE ZONING OF 3 ACRES OUT OF THE E. C . DAVIDSON SURVEY , ABSTRACT 266 : This property is located on FM 3412 and a request for agricultural zoning . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVAL OF ZONING ORDINANCE FOR 3 ACRES OUT OF THE E . C . DAVIDSON SURVEY , ABSTRACT 266 : This property is being zoned agricultural . Planning and Zoning Commission recommends this zoning to Council by unanimous vote . Motion was made by Councilman Gaston to approve and sign zoning 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 . APPROVAL OF ANNEXATION ORDINANCE FOR 2 . 97 ACRES OUT OF THE E . C . DAVIDSON SURVEY , ABSTRACT NO. 266 : This property is located on FM 3412 and is the property belonging to Ledon Bramlett . Motion was made by Mayor Pro Tem Hughes to approve and sign annexation ordinance for 2 . 97 acres out of the E . C . Davidson Survey , Abstract No . 266 . 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 . PUBLIC HEARING ON THE ZONING OF 2 . 97 ACRES OUT OF THE E. C. DAVIDSON SURVEY , ABSTRACT NO. 266 : The request for zoning for this 2 . 97 acres is agricultural . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR 2 . 97 ACRES OUT OF THE E . C . DAVIDSON SURVEY , ABSTRACT NO. 266 : The request for zoning is for agricultural and Planning and Zoning Commission recommends this to Council by unanimous vote . Motion was made by Mayor Pro Tem Hughes to approve and sign zoning ordinance for 2 . 97 acres . 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 . APPROVAL OF ANNEXATION ORDINANCE FOR 45 . 182 ACRES OUT OF THE D . W. WILLIAMS SURVEY , ABSTRACT NO . 980 AND A . ATTERBERY SURVEY ABSTRACT NO. 23 : This property is located on Elm Road east of the intersection of S . Ballard and Elm Road . i° otion was made by Mayor Pro Tem Hughes to approve and sign annexation ordinance for 45 . 182 acres . 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 218 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 45 . 182 ACRES OUT OF THE D. W. WILLIAMS SURVEY , ABSTRACT 980 AND THE A. ATTERBERY SURVEY , ABSTRACT 23 : The request for zoning on this property is Single Family -3 , Multi-family , and Business -2 . This property is located on Elm Road . Mayor Akin opened the public hearing , there being no questions or oppositions , the public hearing was closed . APPROVAL OF ZONING ORDINANCE ON 45 . 182 ACRES OUT OF THE D. W. WILLIAMS SURVEY , ABSTRACT 980 AND THE A ATTERBERY SURVEY ABSTRACT 23 : City Manager Gus Pappas pointed out that this property is located adjacent to what is known as the Belgium property . The Belgium property is zoned SF-1 in the old ordinance , and as of this date , it would have to be re- zoned . The plans that have been shown to the staff indicate a mixture of zoning (Retail , SF-1 and SF-2) . This is has not been brought to the staff as of this date . Councilman Simmons voiced concern about SF-3 zoning . Since this zoning of SF-3 was created this is the only zoning that has been requested under the new SF-3 . The Planning and Zoning Commission recommends this zoning to Council . Motion was made by Mayor Pro Tem Hughes to approve zoning as requested . Seconded by Councilman Gaston. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - against , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Fulgham - in favor , and Councilman Gaston - in favor . This motion carried with six (6) in favor and one ( 1 ) against . PUBLIC HEARING ON THE ANNEXATION OF 50 ACRES OUT OF THE DUKE STRICKLAND SURVEY, ABSTRACT 841 : This property is located west of the railroad tracks across SH78 from Century Business Park. This is the final public hearing. Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON THE ANNEXATION OF 7 . 136 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY , ABSTRACT NO. 688 : This is the final public hearing and this property is located on East SH 78 and is the site of the proposed Municipal Complex. Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVAL OF ANNEXATION ORDINANCE FOR 124 . 631 ACRES OUT OF THE M. SPARKS SURVEY, ABSTRACT 849 : This property is located on the north side of West FM 544 at the point which we consider to be our western boundary between the City of (11 Wylie and the City of Murphy . This is the property which has been referred to as the C . E . Kreck and later the Dr . Santos property . Motion was made by Mayor Pro Tern Hughes to approve and sign annexation ordinance for 124 . 631 acres out of the M. Sparks Survey , abstract 849 . 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 ANNEXATION ORDINANCE FOR 83 . 28 ACRES AND 106 . 53 ACRES OUT OF THE WILLIAM SACHSE SURVEY , ABSTRACT 835 : This property is located on the south side of FM 544 and forms our western boundary on the south between Wylie and Murphy . This is the property which belongs to Mrs . Mary Allene Jones . Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 83 . 28 acres and 106 .53 acres out of the William Sachse Survey , Abstract 835 . 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 ANNEXATION ORDINANCE FOR 95 .49 ACRES OUT OF THE DUKE STRICKLAND SURVEY , ABSTRACT 541 : This property is located on W. FM 544 and is adjacent to Hardcast . Motion was made by Mayor Pro Tem Hughes to approve annexation ordinance for 95 . 49 acres out of the Duke Strickland Survey , Abstract 541 . 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 ANNEXATION ORDINANCE FOR 1413 . 7274 ACRES OF FEDERAL LAND This property is located in and around Lake Lavon . Motion was made by Mayor Pro Tem Hughes to approve annexation ordinance for 1413 . 7274 acres of Federal Land . Seconded by Councilman Gaston . 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 . APPROVAL OF ANNEXATION ORDINANCE FOR 735 . 84 ACRES OF FEDERAL LAND : This property is located in and around Lake Lavon. Mr . Lee Lawrence who is representing City of St . Paul , has come to the City in regards to the ETJ of St . Paul . The original annexation did take in Collin Park area which is in 22 the ETJ of St . Paul . As per the request received from St . Paul , the City of Wylie has reduced this annexation to meet ..�. the ETJ line of ST. Paul and this will also give a common boundary line between the two cities . Mr . Lawrence said the City of St . Paul did pass the resolution requesting the City of Wylie to back away from the Collin Park area . Councilman Simmons asked Mr . Lawrence to send the City of Wylie the maps and annexation ordinance which took St . Paul up to this point in question . Motion was made by Mayor Pro Tem Hughes to approve and sign annexation ordinance for 735 . 84 acres of Federal Land . 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 . PUBLIC HEARING ON ANNEXATION OF . 79 ACRES OUT OF THE E . C. DAVIDSON SURVEY , ABSTRACT 266 : This property is located on FM 3412 . Mayor Akin opened the public hearing , there being no questions or opposition, the public hearing was closed. PUBLIC HEARING ON THE ANNEXATION OF 2 ACRES OUT OF THE E. C. DAVIDSON SURVEY , ABSTRACT 266 : This property is located on FM 3412 . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON THE ANNEXATION OF 1 ACRE OUT OF THE FRANCISCO DE LA PINA SURVEY , ABSTRACT 688 : This property is located on E . SH78 and is commonly known as "Steaks Over Texas" . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON THE ANNEXATION OF 892 . 1 ACRES OUT OF THE W. H . MOORE SURVEY , ABSTRACT 638 : This property is Federal Land located in and around Lake Lavon . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON THE ANNEXATION OF 238 . 96 ACRES OUT OF THE M. WALKER SURVEY , ABSTRACT 1022 : This property is Federal Land located in and around Lake Lavon. Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON THE ANNEXATION OF 730 . 88 ACRES OUT OF THE M. I . GIMENEZ SURVEY , ABSTRACT 338 : This property is Federal Land located in and around Lake Lavon . Mayor Akin opened the public hearing, there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON THE ANNEXATION OF 505 . 52 ACRES OUT OF THE J . TURNHAM SURVEY , ABSTRACT 6 : This property is Federal 221 Land and is located in and around Lake Lavon. Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON THE ANNEXATION OF 1055 . 6701 ACRES OUT OF THE THOS . CHAMBERS SURVEY , ABSTRACT 1049 : This property is Federal Land and is located in and around Lake Lavon. Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON A CHANGE IN THE WATER AND SEWER RATES FOR THE CITY OF WYLIE: This change in the water and sewer rates is coming from an increase passed to us from North Texas Municipal Water District . Mayor Akin opened the public hearing . Councilman Fulgham wanted to know why the ten cent increase . This is the amount of increase NTMWD has given to us , next year it will be another ten cent increase . This increase was passed to the City effective October 1985 and the City has being paying this increase for a month. There being no other questions , the public hearing was closed . APPROVAL OF ORDINANCE AMENDING ORDINANCE NO . 84-12 - THE FEE ORDINANCE FOR THE CITY OF WYLIE: This is the fee discussed in the above item, increasing water and sewer rates by ten cents . Notion was made by Councilman Gaston to approve and sign amendment to fee 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 . APPROVAL OF ORDINANCE REDESIGNATING CERTAIN AREAS FROM SF-2 TO SF-3 AND FROM SF-1 TO SF-2 : City Manager Gus Pappas requested the Council to table this item and it has not been brought before Planning and Zoning as of this date . Notion to table was made by Mayor Pro Tem Hughes . 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 to table this item carried with all in favor . AUTHORIZATION TO GO OUT FOR BIDS ON AIR PACK REFILL COMPRESSOR FOR FIRE DEPARTMENT : This is a budgeted item for the fire department . Motion to grant authorization to go out for bids was made by Councilman Fulgham. 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 . t'~ LA AWARD BID ON THE BUILDING FOR THE PROPOSED MUNICIPAL --- COMPLEX: City Manager Gus Pappas stated the Council needed to officially table action until the results are returned from the citizens mailout . Motion to table the award of bid for the new municipal complex was made by Councilman Fulgham. 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 to table this item carried with all in favor . DISCUSSION ON ANNEXATION REQUEST : City Manager Gus Pappas said the City of Wylie has been officially requested by a property owner which is currently in the city limits of the City of Murphy to consider whether or not we would entertain an annexation request if that property owner obtains a de- annexation from the City of Murphy . The staff needs some input from Council . The Southfork Mobile Home Park developer has put in the 12" water line and these people are without water in this area of Murphy . City Manager Gus Pappas said he has told this property owner that the City will not in any way take part in the de-annexation from Murphy . The Council said if this party did de-annexation , then he would be considered for annexation into Wylie . COUNCIL DISCUSSION : Councilman Spence wanted to know where we where on the street program. City Manager Gus Pappas said the staff was trying to get all the paper work done on several street and then when spring comes public works would be ready to do several streets at one time . We are trying to get the asphalt on Kirby Street . Councilman Spence would also like to see a sign up on Stone Road for the Park and the Community Center . Councilman Simmons requested City Manager to send a letter to St . Paul requesting the annexation ordinances and maps of that city . Councilman Martin said South Hilltop going up to the School was deteriorating rapidly . Public Works Director Bill Windham said they are working on streets and are working in that direction . Councilman Martin also wanted to know about the duplicate water bills . hr . James Johnson , Finance Director for Wylie said there was a problem in the billing and when this problem was corrected , it duplicated some bills . Just pay one bill . Mayor Akin wanted to know how much longer on the Rush Creek Life Station. Public Works Director Bill Windham said the crew was waiting for the rings for the wet well . These Waft should be delivered this week. Mayor Akin also wanted to know if there couldn ' t be some beautification work done at the Library . Such as planting of trees . Bill Windham, Public Works Director said that plants have been ordered , but it is to early to plant . City Manager Gus Pappas wanted to know about planting grass in the front beds at the Library . Mayor Akin also said he had been talking with the people from the Christian Church and the only problem is that the twenty feet of right-of-way does take their row of trees . ayor Akin said if the city could move these trees he believes we could obtain this right-of-way that is needed . City Manager Gus Pappas said that the Dec . 30th meeting was a very important one and the staff needed to know if there would be a quorum present . After taking a pole of the Council , it was found that four council members would be out of town. City Manager then asked if the city paid for a round trip airline ticket would one of these four come back for the meeting . After some discussion , it was decided that Councilman Simmons would return for this meeting . ^m City Manager also reported that the square feet in the new building on Jackson Street was 3 , 672 and the square feet in the old building for City Hall was 1 , 620 . City Manager Gus Pappas said that at the Chamber of Commerce Dinner , there was a presentation made to call for an executive director for the chamber . Since the City is a member of the Chamber , and the City will benefit from the Chamber having an executive director , would the Council like for the City to make a donation for this director . City Manager suggested $1 ,000 . from the City Manager Reserve Fund . Councilman Gaston said this should come from the City Council Reserve Fund . Motion was ma. -- - •uncilman Gaston to adjourn . All were in favor . 0 Wke * SEAL, * v 1C=LIM = John W. Akin, Mayor ATTEST : !y 4 .' , ry1 E, use Carol Jon s City Secretary