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02-25-1986 (City Council) Minutes 28 CITY COUNCIL MEETING MINUTES FEBRUARY 25 , 1986 7 :00 P . M. The Wylie City Council met in regular session on Tuesday , February 25 , 1986 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 John Akin presided . Those present were Mayor John W . Akin , Mayor Pro Tem Hughes , Councilmembers Joe Fulgham , Harold Spence , William Martin and Percy Simmons , City Manager Gus Pappas , City Secretary Carolyn Jones , Public Works Director Bill Windham, Finance Director James Johnson , Brian Chaney , Scott Dorsey of the Wylie News , Mr . B . J . Parrish and Mr . Shelton Cook of Lone Star Gas and other citizens . Councilman Gaston was absent . 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 , Mayor Pro Tem Hughes 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . APPROVAL OF ANNEXATION ORDINANCE FOR 754 . 34 ACRES OUT OF THE D . FARMER SURVEY , ABSTRACT 303 : This property is all Federal Land and is known as Lake Annexation No . 8 . The required public hearings have been held and Planning and Zoning recommends approval . Motion was made by Mayor Pro Tem Hughes to approve and sign annexation order for 754 . 34 acres out of the W . Bell Survey . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . APPROVAL OF ANNEXATION ORDINANCE FOR 262 . 34 ACRES OUT OF THE W. BELL SURVEY , ABSTRACT 37 : This land is all Federal Land and is known as Lake Annexation No . 9 . The required public hearings have been held and the Planning and Zoning Commission recommends approval . Motion was made by Councilman Martin to approve and sign annexation ordinance for 262 . 34 acres out of the W . Bell Survey . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . APPROVAL OF ANNEXATION ORDINANCE FOR 2628 . 43 ACRES OUT OF THE BRICE M . CARR SURVEY , ABSTRACT 175 , JOHN KIRBY SURVEY , ABSTRACT 515 AND T . ROBERTS SURVEY , ABSTRACT 781 : This is all Federal Land and is known as Lake Annexation No . 10 . The required public hearings have been held and the Planning and Zoning Commission recommends approval . Motion was made by Mayor Pro Tem Hughes to approve and sign annexation ordinance for 2628 . 43 acres out of the Brice m . Carr Survey , the John Kirby Survey , and T . Roberts Survey . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . APPROVAL OF ANNEXATION ORDINANCE FOR 27 . 7 ACRES OUT OF THE S . M . RANIER SURVEY ABSTRACT 740 : This is all Federal Land and is known as Lake Annexation No . 11 . The required public hearings have been held and the Planning and Zoning Commission recommends approval . Motion was made by Councilman Martin to approve and sign annexation ordinance for 27 . 7 acres out of the S . m . Ranier Survey . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 1 . 04 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY , ABSTRACT 688 : This property is located on E . SH78 and is commonly known as Discount Bait House . The required public hearings have been held and the Planning and Zoning Commission recommends this for annexation . Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 1 . 04 Acres out of the Francisco de la Pina Survey . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Ten Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , and Councilman Fulgham - in favor . This motion carried with all in favor . PUBLIC HEARING FOR ZONING OF 1 . 04 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY , ABSTRACT 688 : This property is located on E . SH 78 and is commonly known as Discount Bait House . The request for zoning was Business 2 . The Planning and Zoning Commission vote unanimously to recommend Business 1 zoning for this tract . This property is adjacent to "Steaks 30 Over Texas" and the Bl zoning is compatible with surrounding uses . The existing use is within the B1 allowed uses ; ._. however , this would be grandfathered in any case . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR 1 . 04 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY : Motion was made by Councilman Fulgham to approve and sign zoning ordinance for 1 . 04 acres out of the Francisco de la Pina Survey for Business 1 zoning . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 51 . 531 ACRES OUT OF THE WILLIAM SACHSE SURVEY , ABSTRACT 835 : This property is located on Hooper Road adjacent to Regency Business Park , south of FM 544 . The public hearings have been held and the twenty day waiting period is up . Planning and Zoning recommends this property for annexation . City Manager Gus Pappas said this item would have to be tabled due to a TRO filed by Sachse . Motion was made by Councilman Fulgham to table the signing of the 51 . 531 acres annexation . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor to table this item . PUBLIC HEARING ON THE ZONING OF 51 . 531 ACRES OUT OF THE WILLIAM SACHSE SURVEY , ABSTRACT 835 : This property is located on the west side of Hooper Road and is adjacent to Regency Business Park and south of W . FM 544 . The request for zoning is for agricultural . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR 51 . 531 ACRES OUT OF THE WILLIAM SACHSE SURVEY , ABSTRACT 835 : City Manager Gus Pappas said this item would need to be tabled due to a TRO being filed by Sachse . Motion was made by Councilman Spence to table this item because of a TRO . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor to table this item . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 100 . 287 ACRES OUT OF THE R . D . NEWMAN SURVEY , ABSTRACT 660 : This property is located on S . SH78 south of Century Business Park . This is a part of the Lewis Reese property . The required public hearings have been and the 20 day waiting period has been satisfied . City Manager Gus Pappas said this is another item that will need to be tabled due to a TRO filed by Sachse . Motion was made by Councilman Martin to table this item. 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 , and Councilman Fulgham - in favor . This motion carried with all in favor to table . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 37 . 415 ACRES OUT OF THE R . D . NEWMAN SURVEY , ABSTRACT 660 : This property is located on S . SH78 south of Century Business Park and is part of the Lewis Reese property . The required public hearings have been held and the 20 day waiting period has been satisfied . City Manager Gus Pappas said this was another item that would need to be tabled due to a IRO being filed by Sachse . Motion was made by Councilman Fulgham to table . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor to table . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 5 . 990 ACRES OUT OF THE R . D . NEWMAN SURVEY , ABSTRACT 660 : This property is located on the east side of S . SH78 and south of Century Business Park and is a part of the Lewis Reese property . The required public hearings have been held and the 20 day waiting period has been satisfied . City Manager Gus Pappas said this item would have to be tabled due to a TRO being filed by Sachse . Motion was made by Councilman Spence to table . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor to table . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 7 . 297 ACRES OUT OF THE H . J . HARDIN SURVEY, ABSTRACT 438 : This property is located east of S . SH78 and south of Century Business Park and is a part of the Lewis Reese property . The required public hearings have been held and the 20 day waiting period has been satisfied . City Manager Gus Pappas said this item would have to be tabled due to a TRO being filed by Sachse . Motion was made by Councilman Martin to table this item . Seconded by Councilman Fulgham . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tern Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , and Councilman Fulgham - in favor . This motion carried with all in favor . 32 PUBLIC HEARING ON THE ZONING OF 446 . 273 ACRES OUT OF THE R . D . NEWMAN SURVEY , ABSTRACT 660 , THE H . J . HARDIN SURVEY, ABSTRACT 348 : This property is located on the east side of S . SH78 , south of Century Business Park and the Glen Knoll Mobile Home Park . This property is known as the Lewis Reese and George Lewis property . The petitioner is asking for multiple zonings . This tract includes 105 acres of flood plain which the developer intends to be made into a park with a 16 acre lake . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR 446 . 273 ACRES OUT OF THE R . D . NEWMAN SURVEY , ABSTRACT 660 AND THE H. J . HARDIN SURVEY , ABSTRACT 348 : This property is known as the Lewis Reese property and the George Lewis property . City Manager Gus Pappas said that the Council can zone 205 . 90 Acres but will have to table 160 . 373 acres due to a TRO being filed by Sachse . Motion was made by Mayor Pro Tem Hughes to approve and sign zoning ordinance for approximately the following : SF-3 - 36 . 83 Acres , 52 . 82 Acres and 15 Acres SF-2 - 49 . 87 Acres , 32 . 24 Acres and 30 . 38 Acres Public Use - 37 . 73 Acres , 16 . 35 Acres and 6 . 60 Acres . Seconded by Councilman Fulgham. 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 , and Councilman Fulgham - in favor . This motion carried with five in favor and one against the zoning of 285 . 90 acres and to table the zoning for 160 . 373 acres . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 23 . 2182 ACRES OUT OF THE R . D . NEWMAN SURVEY , ABSTRACT 660 , THE H . J . HARDIN SURVEY , ABSTRACT 438 , AND THE I . CLIFTON SURVEY , ABSTRACT 193 : This property is located west of S . SH 78 and is owned by John Robinson . The required public hearings have been held and the 20 day waiting period has been satisfi_e+`. . Motion was made by Councilman Spence to approve and sign annexation ordinance for 23 . 2182 acres out of the R . D. Newman Survey and the H . J . Hardin Survey , and the I . Clifton Survey . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ZONING OF 23 . 2162 ACRES OUT OF THE R . D . NEWMAN SURVEY, ABSTRACT 660 , THE H . J . HARDIN SURVEY , ABSTRACT 438 AND THE I . CLIFTON SURVEY ABSTRACT 193 : This .•.K property is located west of S . SH70 and is the John Robinson property . The request for zoning is for agricultural Luning . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR 23 . 2162 ACRES OUT OF THE R . D . NEWMAN SURVEY , ABSTRACT 660 , THE H . J . IARDIN SURVEY , ABSTRACT 436 , AND THE I . CLIFTON SURVEY , ABSTRACT 193 : This property is located west of S S -178 and is the John Robinson property . The Planning and Zoning Commission recommends this for approval . Motion was made by Councilman Spence to approve the agricultural zoning for 23 . 2161 acres out of the R . D . Newman Survey , the H . J . Hardin Survey , and the I . Clifton 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 , and Councilman Fulgham — in favor . This motion carried with all in favor . APPROVAL OF ANNEXATION ORDINANCE FOR 149 . 554u ACRES OUT OF THE H . J . HARDIN SURVEY , ABSTRACT 43o AND THE R . D . NEWMAN SURVEY , ABSTRACT 660 : This property is located on the west side of S . SH78 across from Century Business Park . This property is owned by Dingban Wang . The required public hearings have been held and the 20 day waiting period has been satisfied . City Manager Gus Pappas said this item would have to be tabled due to the TRO filed by Sachse . Motion was made by Councilman Spence to table this item due to the TRO filed by Sachse . Seconded by Councilman 6'ulghah. 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 , and Councilman Fulgham — in favor . This motion carried with all in favor to table . APPROVAL OF ANNEXATION ORDINAUCE FOR 4 ACRES OUT Jig TUE FRANCISCO DE LA PINA SURVEY , ABSTRACT 668 : This property is located on the southeast corner of Eubanks Lane and h . Siio . The public hearings have ben held and the 20 day waiting period has been satisfied . This property is owned by Mr . halter B . Pair . Motion was made by Councilman Spence to approve and sign annexation ordinance for 4 acres out of the Francisco de la Pina Survey , Abstract ;N8 . Seconded by Mayor Pro Teri 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 , and Councilman Fulgham — in favor . This motion carried with all in favor . PUBLIC I EARINu FOR THE ZONING OF 4 ACRES OUT Or TI E FRANCISCO DE LA PINA SURVEY , ABSTRACT u6:; : This proper'_ny is located on the southeast corner of Eubanks Lane and E . SN78 . This property is owned by Mr . Walter B . Pair . The request for zoning is for retail zoning . The Planning and Eoninb Commission recommends this property to the Council for 34 Business 1 zoning . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR 4 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 68G : This property is located on the southeast corner of Eubanks Lane and E . SH78 . This property is owned by mr . Walter B . Pair . The public hearings have been satisfied and the Planning and Zoning Commission recommends this for Business 1 zoning . Motion was made by Councilman Spence to approve and sign zoning ordinance for 4 acres out of the Francisco de la Pina Survey for Business 1 . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . FINAL PUBLIC HEARING ON THE ANNEXATION OF 320 . 907 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY , ABSTRACT 60E : This property is located on E . SH78 surrounding the site of the proposed Municipal Complex . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FINAL PUBLIC HEARING ON THE ANNEXATION OF 146 . 5696 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY , ABSTRACT baa : This ..1WIN4 property is located on L . SH78 and is adjacent to Wylie Ranch Estates . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing, was closed . FINAL PUBLIC HEARING ON THE ANNEXATION OF 30 . 13 ACRES AND 18 . 13 ACRES AND 3 . 89 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY , COLLIN COUNTY AND 20 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY , DALLAS COUNTY . There is a total of 80 . 15 acres and this property is located on Old Sachse Road . The owner of this property is Mr . Fred Brunner . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FINAL PUBLIC IJEARING ON THE ANNEXATION OF 21 ACRES ANC 1 ACRE OUT OF THE GUADALUPE DE LOS SANTOS SURVEI , COLL_L . COUNTI , AND 113 . 89 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY , DALLAS COUNTY : This property is locate ' on PTeasant Valley Road and is adjacent to mr . runner ' s property . The owner of this property is Mr . Roddy Groves . Mayor Akin opened the public hearing , there being no guestions or opposition , the public hearing was closed . FINAL PUBLIC BEARING ON THE ANNEXATION Or' s4 . 96 ACRES OUT GE THE GUADALUPE DE LOS SANTOS SURVEi , DALLAS S COUNT'l : This property is located between Old Sachse Road and Pleasant 35 valley Road . The owner of this property is Mr . H. A. Walker . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FINAL PUBLIC HEARING ON THE ANNEXATION OF 15 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY , COLLIN COUNTY AND DALLAS COUNTY AND 16 ACRES OUT OF THE WILLIAM SUTTON SURVEY : This property is located on Pleasant Valley Road and is owned by Mr . Larry Morgan . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FINAL PUBLIC HEARING ON THE ANNEXATION OF 7 . 228 ACRES OUT OF THE DUKE STRICKLAND SURVEY , ABSTRACT 641 : This property is located west of S . SH78 across from Century Business Park and is adjacent to the Harvard Property . The owner of this property is the Kreymer Companies being represented by Mr . Jim kc-lnight . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FIRST PUBLIC HEARING ON THE ANNEXATION OF 62 . 3 ACRES OUT OF THE R . D . NEWMAN SURVEY , ABSTRACT 660 : This property is located east of S . SH78 and southside of Hooper Road . This property is adjacent to the Louis Reese property . The Planning and Zoning recommends this for approval . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FIRST PUBLIC HEARING ON THE ANNEXATION OF 173 . 5 ACRES OUT OF THE 0 . SHELBY SURVEY , ABSTRACT 799 : This is all Federal Land and is known as Lake Annexation No . 12 . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FIRST PUBLIC HEARING ON THE ANNEXATION OF 23 ACRES OUT OF THE M . 'IILLIRON SURVEY , ABSTRACT 564 : This is all Federal Land and is known as Lake Annexation No . 13 . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FIRST PUBLIC HEARING ON THE ANNEXATION OF 44 . 34 ACRES OUT OF THE S . BARROW SURVEY , ABSTRACT 49 : This is all Federal Land and is known as Lake Annexation No . 14 . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FIRST PUBLIC HEARING ON THE ANNEXATION OF 446 . 95 ACRES OUT OF THE N . BIRCH SURVEY , ABSTRACT 115 : This is all Federal Land and is known as Lake Annexation No . 15 . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . 36 FIRST PUBLIC HEARING ON THE ANNEXATION OF 179 . 74 ACRES OUT OF THE WILLIAM JOHNSON SURVEY , ABSTRACT 476 : This is all Federal Land and is known as Lake Annexation No . 16 . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FIRST PUBLIC HEARING ON THE ANNEXATION OF 97 . 65 ACRES OUT OF THE DRURY ANGLIN SURVEY , ABSTRACT N0 . 3 : This is all Federal Land and is known as Lake Annexation No . 17 . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FIRST PUBLIC HEARING ON THE ANNEXATION OF 501 . 38 ACRES OUT OF THE DRURY ANGLIN SURVEY, ABSTRACT NO . 3 : This is all Federal land and is known as Lake Annexation No . 18 . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FIRST PUBLIC HEARING ON THE ANNEXATION OF 705 . 45 ACRES OUT OF THE A . RUSSELL SURVEY, ABSTRACT N0 . 736 AND THE J . KING SURVEY , ABSTRACT NO . 508 : This is all Federal Land and is known as Lake Annexation No . 18 . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON THE REQUEST FROM LONE STAR GAS CO . FOR A RATE INCREASE : Mayor Akin opened the public hearing and .� called on Mr . B . J . Parrish , representative of Lone Star Gas Company . Mr . Parrish said this rate increase was the first request to the City since 1982 . Mr . Parrish said he was present to answer any questions the public or the Council might have . Mr . James Johnson , Finance Director for the City of Wylie , stated that this was not a large rate increase , but there were several areas that need to be answered and studied . The areas that Mr . Johnson identified and has discussed with Lone Star Gas are as follows : 1 . The use of work capital in the rate base by Lone Star Gas . 2 . The inclusion of the 19 adjusted value incument factor or $93 , 743 in the rate base for the City of Wylie . 3 . Return on common equity at book value . Lone Star wants 15 . 08% . 4 . Federal Income Tax deferrals and ITC and their effects on the rate base and subsequent rates �.. for Wylie . 5 . Return on adjusted value rate base and return on ai invested capital . Lone Star has requested a higher rate of return on the adjusted value rate base and capital than past Railroad Commission rate hearings have allowed . Mr . Johnson said he was not satisfied with this rate increase proposal and would like to seek advise from a CPA firm. Mr . Sheldon Cook who is also a representative from Lone Star Gas said two of these areas of concern are mute and that Lone Star Gas is concerned for Wylie . Mr . Cook also said that the 15 . 5E return is a return to pay people who own stock in Lone Star Gas . There being no other questions , Mayor Akin closed the public hearing . APPROVE AND SIGN RESOLUTION TO SUSPEND RATE INCREASE FOR LONE STAR GAS : This resolution to suspend the rate increase for Long Star Gas is for 90 days from March 11 , 198o and will give the staff and Council more time for an independent rate study and to make an counter-proposal if called for . Motion was made by Mayor Pro Tem Hughes to approve and sign resolution to suspend the rate increase for Lone Star Gas for 90 days from March 11 , 1986 . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . APPROVAL OF AMENDMENT TO ORDINANCE 84-12 , ESTAUL ISMI: FEES FOR ENGINEERING COPIES : This amendment establishes the fees for copies of plats , maps , etc . that we are now able to make at the engineering department . Motion was made by Councilman Fulgham to approve and sign ordinance amending Ordinance No . 04-12 which establishes fees for engineering copies . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . AGREEMENT ON WYLIE/MURPHY ETJ LINE : After several meetin;s with the City of Murphy and the City of Wylie , Mayor Poindexter has called and stated that the City of Murphy is ready to agree on the North/South from the existing city limits sign of Wylie is now. City Manager Gus Pappas said that this line can go up as far as Southfor _ Mobile Home Park , then Wylie will have to talk with Parker . It seems Murphy has given up this area to Parker , of which Parker has no city limits in this area . 38 Mr . Bud Wiser who represents Dr . Santos and other property owners that would fall west of this line wanted it make .... known that they do not want to be in Murphy and will file suite toward Murphy in order not to be in the city limits of Murphy . After some discussion , a motion was made by Councilman Spence to instruct the City Manager Gus Pappas to prepare this ETJ Agreement between Murphy and Wylie . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . APPROVAL OF REPLAT OF WYNDHAM ESTATES PHASE III : This is the final acceptance of all public improvements for Wyndham Estates III . The engineering staff has inspected this replat and have also inspected the subdivision and recommends final acceptance of same to Council . Motion was made by Councilman Fulgham to approve and accept public improvements for Wyndham Estates III . 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 - abstained , Councilman Martin - in favor , and Councilman Fulgham - in favor . This motion carried with five in favor and one abstention . AUTHORIZATION FOR REIMBURSEMENT OF OVER-SIZING COSTS FOR WATER LINES FOR SOUTHFORK MOBILE HOME PARK : The engineering department has reviewed these charges and recommends the reimbursement for over-sizing in the amount of ,>. 0 , 24 .00 . Notion was made by Councilman Simmons to approve reimbrusement for over-sizing in the amount of $20 , 21D4 .00 . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . AUTHORIZATION FOR CITY MANAGER TO ENTER INTO COtl TRAC .1 WITH CORPS . OF ENGINEERS : This authorization will allow the City manager to act on behalf of the City to enter into a contract with Corps of Engineers for grant money to fund the Police patrols in the areas around Lake Lavon which are within our city limits . Motion was made by Mayor Pro Tem Hughes to grant authorization for the City Manager to enter into contract with Corps . of Engineers . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . a aisli BID FOR PICK-UP TRUCK FOR ANIMAL CONTROL DEPARTMENT : There were several bid specs sent out for this truck but there were only three bids received . These bids came from Newman Chevrolet , Bob Tedford Chevrolet , and El Dorado Chevrolet . Motion was made by Councilman Spence to award the bid to Newman Chevrolet in the amount of $10 , 492 . 00 which includes the eye level mirrors . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . APPROVAL OF LETTER RELATIVE TO CITY ' S POSITION ON TAX EXEMPT BONDS : The approval of this letter which will be directed to our Senator , is to voice our concern about the effect of this legislation on the City ' s ability to finance capital improvements . We have been asked by the Texas Municipal League and other organizations to do this . Motion was made by Councilman Fulgham to approve the letter going to the Senator voicing our concern on tax exempt bonds . 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 , and Councilman Fulgham - in favor . This motion carried with all in favor . AUTHORIZATION FOR REIMBURSEMENT OF OVER-SIZING COSTS FOR WATER LINES IN CENTURY BUSINESS PARK : Our engineering staff has reviewed these charges and recommend reimbursement for over-sizing in the amount of $ 10 . 4',2 . 98 . Motion was made by Councilman Fulgham to authorize the reimbursement for over- sizing costs for water lines in Century Business park in the amount of $ 10 , 492 . 98 . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - abstained , Councilman Spence - abstained , Councilman Martin - in favor , and Councilman Fulgham - in favor . This motion carried with five in favor and two abstentions . CITIZEN PARTICIPATION : fir . Leon Boughton of Rt . 2 , Box 47F Hwy . 205 who is employed by the City of Wylie is concerned about the drug abuse in the City of Wylie . Mr . Boughton said he has been working for the city several weeks in the engineering department . He also stated that he has worked as an undercover police for drugs . This County has never been worked for drugs up until this past year . There is a lot of drugs and labs for drugs in the Wylie area . You learn to recognize the people who are on drugs . I have learned to recognize them by their eyes and their attitudes . he is concerned about some of the city employees . He said he went to someone with authority . This person told him not to talk with anyone else . City Manager Gus Pappas asked if 40 Mr . Boughton reported this to the police department . Mr . Boughton said no . City Manager Gus Pappas said the Council '^ shares his concern but the proper party is the Chief of Police . Mr . Bill Windham , Public Works Director , told Mr . Boughton not to discuss this with anyone that he would investigate the matter . Mr . Windham said Mr . Boughton left his office and went out into the other office and begin discussing this matter with another employee . Mr . Windham then called Mr . Boughton back into his office and told him he had disobeyed a direct order and therefore would be laid off work one week from that Friday . City Manager Gus Pappas said he would hope that Mr . Boughton would go to the Chief of Police and share this information . COUNCIL DISCUSSION : Councilman Fulgham wanted to know if Lone Star Gas increase was 5% why did it have to come through the Council . James Johnson , Director of Finance , said that 5% over all the system which is 33% increase for everything . Councilman Martin said the fire plug on Second Street is running water . Mr . Bill Windham, Public Works Director , said that the crew had been waiting on parts , this should be corrected this next week. Councilman Martin also said there was a leak on Stone and Ballard . Mr . Bill Windham, Public Works Director , said that the people do know about this and that it is on their side and they are responsible for fixing this leak. Councilman Martin then ask if there was any type of reimbursement for this type water leak. James Johnson , Finance Director , said that our ordinance does not address this . Mr . Bill Windham, Public Works Director , said if it did address this , it would have to be corrected in a timely manner . Councilman Simmons said the main goal of the Chamber of Commerce is to get more business into Wylie . Some of the comments that have been received from these business is relating to the trash on FM 544 and the junk yards on Highway 78 . City Manager Gus Pappas said in regards to the junk yards , the thing to do is to go ahead and do an involuntary annexation on these , and make them live up to our ordinances . City Manager Gus Pappas said he would ,get the laws enforced on the road R-O-d and try to get the trash cleaned up . This will step on toes and :ou as a Co _: cil may get a lot of phone calls . Councilman Simmons wanted to 'know if a letter should be written to North Texas Municipal dater District . City Manager Gus Pappas said he did not believe that North Texas Iunicipal Water District was the violator . The mud comes from NTMWD , but the trash cones from the little people . Mayor Pro Tem Hughes said that this man coming before Council and stating that some of our city employees are on drugs is a big concern to him . Mayor Pro Tem Hughes requested that the City Manager Gus Pappas take this matter to the Chief of Police . Mr . Bill Windham, Public Works Director , said this matter had been taken to the Chief of Police and an investigation has started , and he had told this man not to discuss this matter with anyone in the department . ` r . Windham also stated that he would not discuss this in an open meeting . There being no other questions or matters of discussion , Mayor Akin called for a motion to adjourn . Motion was made by Councilman Fulgham to adjourn . All were in favor . /ji2 ;1) John W. Akin , I layor ATTEST : //) Caroly ones , ty Secretary