03-11-1986 (City Council) Minutes 5 4
CITY COUNCIL MEETING
MINUTES
MARCH 11 , 1986
7 :00 P. .
The Wylie City Council met in regular session Tuesday , March
11 , 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 . Those
present were Mayor John W . Akin , Mayor Pro Tem Don Hughes ,
Councilmembers Percy Simmons , William Martin , Randall
Gaston , Joe Fulgham, and Harold Spence , City Manager Gus
Pappas , City Secretary Carolyn Jones , Public Works Director
Bill Windham, Code Enforcement Officer Roy Faires , Elayne
Mayes from the Wylie News , Tom Mayes and other citizens .
Mayor Akin presided over the meeting .
Mayor Akin called the meeting to order and gave the
invocation .
APPROVAL OF MINUTES : There being no corrections or
additions to the minutes , Councilman Fulgham made a motion
to approve as submitted . Seconded by Councilman Martin .
APPROVAL OF "MAYORS" PLAQUE FOR THE NEW CITY HALL: This
plaque will hang in the new City Hall with names and dates
of service for each Mayor of the City of Wylie since
incorporation . There will also be a place to add the names
of those who will serve in that office in the years to come .
Motion was made by Mayor Pro Tem Hughes to approve purchase
of "Mayors" plaque for the new City Hall . 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 .
AUTHORIZATION TO HAVE OLD MINUTES AND RECORD BOOKS RESTORED
FOR DISPLAY IN NEW CITY HALL : The old record books , if
preserved can be displayed in a glass case in the new City
Hall . There is an estimated cost of $50 . 00 to $100 . 00 per
books for restoring . Motion was made by Mayor Pro Tem
Hughes to grant authorization to have old minutes and record
books restored . 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 .
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tINAL PUBLIC HEARING ON THE ANNEXATION OF 62 . 3 ACRES OUT OF
THE R . D . NEWMAN SURVEY , COLLIN COUNTY ABSTRACT 660 : This
property is located east of S . SH78 on the southside of
Hooper Road . This is one of the Louis Reese tracts and is
included in the TRO from Sachse , and we will not be able to
complete this annexation until that matter is resolved . By
holding the required public hearings now, we can be ready to
take that final action , when that resolution is made , if it
is made in our favor . Mayor Akin opened the public hearing ,
there being no questions or opposition , the public hearing
was closed .
FINAL PUBLIC HEARING ON THE ANNEXATION OF 173 . 5 ACRES OUT OF
THE 0 . SHELBY SURVEY , COLLIN COUNTY ABSTRACT 799 : 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 .
FINAL PUBLIC HEARING ON THE ANNEXATION OF 23 .0 ACRES OUT OF
THE M. MILLIRON SURVEY , COLLIN COUNTY ABSTRACT 564 : 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 .
FINAL PUBLIC HEARING ON THE ANNEXATION OF 44 . 34 ACRES OUT OF
THE S . BARROW SURVEY , COLLIN COUNTY ABSTRACT 49 : 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 .
FINAL PUBLIC HEARING ON THE ANNEXATION OF 179 . 74 ACRES OUT
OF THE WILLIAM JOHNSON SURVEY , COLLIN COUNTY 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 .
FINAL PUBLIC HEARING ON THE ANNEXATION OF 97 . 65 ACRES OUT OF
THE T . TOBY SURVEY, COLLIN COUNTY ABSTRACT 925 : 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 .
FINAL PUBLIC HEARING ON THE ANNEXATION OF 501 . 38 ACRES OUT
OF THE ANGLIN DRURY SURVEY , COLLIN COUNTY ABSTRACT 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 .
FINAL PUBLIC HEARING ON THE ANNEXATION OF 705 . 45 ACRES OUT
OF THE A . RUSSELL SURVEY , COLLIN COUNTY ABSTRACT 736 AND THE
J . YING SURVEY , COLLIN COUNTY ABSTRACT 508 : This is all
Federal Land and is known as Lake Annexation No . 19 . Mayor
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Akin opened the public hearing , there being no questions or
opposition , the public hearing was closed .
FIRST PUBLIC HEARING ON THE ANNEXATION OF 190 .013 ACRES OUT
OF THE C . A . MCMILLAN SURVEY , ABSTRACT 588 ; THE MOSE SPARKS
SURVEY , ABSTRACT 849 ; AND THE J . MAXWELL SURVEY , ABSTRACT
582 , COLLIN COUNTY : This property is located north of west
FM 544 and on the west of the extension of McCreary Road .
This property lies on the west side of the line that has
been proposed as the mutual boundary line between Murphy and
Wylie . The petitioner is aware of this fact but still has a
strong desire to be in Wylie . After much discussion about
this property being on the opposite side of the mutual
boundary line between the two cities , it was thought best to
go ahead with the public hearing as this agreement between
Murphy and Wylie has not been signed . Mayor Akin opened the
public hearing , there being no questions or opposition , the
public hearing was closed .
FIRST PUBLIC HEARING ON THE ANNEXATION OF 45 . 763 ACRES OUT
OF THE MOSE SPARKS SURVEY , COLLIN COUNTY ABSTRACT 849 : This
property is located north of W . FM 544 and east of the
extension of McCreary Road . It lies directly south of and
adjacent to Southfork Mobile Home Park . Mayor Akin opened
the public hearing , there being no questions or opposition ,
the public hearing was closed .
FIRST PUBLIC HEARING ON THE ANNEXATION OF 125 . ACRES OUT OF
THE J . MITCHELL SURVEY , COLLIN COUNTY ABSTRACT NO. 589 :
This property is located on McMillan and McCreary Roads and
is commonly known as the Southfork Mobile Home Park . hr .
Holigan has complied with the City ' s Mobile Home Park
Ordinance in the construction of his park and is
participating in the perimeter street program , in accordance
with the City ' s established policies . Mayor Akin opened the
public hearing , there being no questions or opposition , the
public hearing was closed .
FIRST PUBLIC HEARING ON THE ANNEXATION OF 9 . 055 ACRES AND
10 .0657 ACRES OUT OF THE R . D . NEWMAN SURVEY , ABSTRACT 660 ;
H . J . HARDIN SURVEY , ABSTRACT 438 ; THE I . CLIFTON SURVEY ,
ABSTRACT 193 , COLLIN COUNTY : This property is located on
the northwest corner of Hooper Road and Hensley Road . The
petitioner , Mr . Wayne Rich , requested annexation some months
ago but was not then contiguous to our city limits . The
Dingtnii Wang property provides that contiguity ; however ,
with that property now in dispute by virtue of the TRO from
Sachse , we can proceed only with the public hearings on this
properly until that matter is resolved . Mayor Akin opened
he public hearing , there being no questions or opposition ,
the public hearing was closed .
FIRST PUBLIC HEARING ON THE ANNEXATION OF 9 . 4 ACRES OUT OF
THE I . CLIFTON SURVEY , ABSTRACT NO. 193 ; THE J . HARDIN
60
SURVEY , ABSTRACT 438 ; AND THE R . D . NEWMAN SURVEY , ABSTRACT
660 , COLLIN COUNTY : This property is located on Hensley
Road . The petitioner , Mrs . Martha Oliver , requested
annexation many months ago , but was not contiguous until the
Dingban Wang property provided this . The Dingban Wang
Property is in dispute b virtue of the TRO from Sachse , we
can only hold the public hearings on this 9 . 4 acres until
that matter is resolved . Mayor Akin opened the public
hearing , there being no questions or opposition , the public
hearing was closed .
FIRST PUBLIC HEARING ON THE ANNEXATION OF 117 . 1 ACRES OUT OF
THE NATHANIEL ATTERBERRY SURVEY , COLLId COUNTY ABSTRACT 6 :
This property is located on the extension of West FM 544
from the intersection of Venson Road an -1 is across from
Finholt property . It is located in the tri—county area
jZ ckwall , Dallas and Collin counties) . Mayor Akin opened
the public hearing , there being no questions or opposition,
the public hearing was closed .
APPROVAL OF AMENDMENT TO ORDINANCE NO . 85-89 , AMENDING THE
ZONING ORDINANCE OF THE CITY OF WYLIE : This amendment is
clarifying the term temporary buildings on the construction
sites of development . It is also setting us step b; e ep
method for Planned Development Zoning . After some
discussion , hr . Steve Barrett o__ 404 Dogwood , asked to speak
to the Council . Mr . Barrett had come to City Hall to get a .�
permit to convert his garage into a den and build a carport
at the back. According to our zoning ordinance , Mr . Barrett
cannon build a carport , that there has to be a garage built .
Hr . Barrett said that by closing in his garage , he would be
improving his home and adding to the city tam: roll . Mr .
Barrett has a letter of concerns that he submitted to the
City Secretary , which is a part of these minutes .
Councilman Simmons said the reason for passing this
ordinance was to control the of _ street parking . If o
removed this from the ordinance , then you could build a
_ouse without a garage . Mr . Barrett said he did not want
the ordinance changed , he just wants to have some variance .
Mayor Aids asked '• r . Barrett if he had been to the Zoning
Board of Adjustments . Mr . Barrett replied no , that he had
tale to he city staff and found out h could not ,get a
permit for the improvements . Code Enforcement Officer , Hr .
Roy iaires , said hr . Barrett did come to the City an.;.
request a permit to close in his garage . hr . Faires told.
hi . that the City Ordinance mold not allow this unless ,e
built another garage . Mr . Faires stated that he had told
Planning and Zoning and the City Council at the time this
ordinance was being passed , that this issue would come up
future where he would have to deny a citizen from
enclosing the garage unless he built another one . ,....
City Manager Gus Pappas said that he told Mr . Barrett to
coli before the council any`, voice his opinion , an th Mr .
PETITION TO CITY COUNCIL FOR ORDINANCE MODIFICATION
For the record, my name is Steve Barrett, I reside at 404
Dogwood in Wylie in a home with an attached garage in the rear
which opens toward the alley. I have been a resident of Wylie for
19 years and have resided at my current address for the last ten
years.
I recently went to the City Hall to inquire about necessary
permits to conduct a home improvement consisting of converting my
garage into a den and putting a carport over my driveway, as many
residents of our neighborhood have done in recent years. I was
informed this was against the current City Ordinance.
I believe the current ordinance states that each new home
being built in Wylie must have a garage and that no resident may
enclose their garage without building a new one. I can appreciate
the need for establishing uniform building standards, but I can't
believe the ordinance was intended to prohibit or discourage
common home improvements. I am asking you to please re-consider
the affect of this ordinance for the following reasons:
1. This home improvement is a common one which is consistent
with those in our neighborhood and is probably one of the most
common types of improvement conducted by home owners.
2 . Other alternatives, such as building a new and separate
garage on our property, would not be feasible and would have a
less than desirous effect upon the neighborhood. To buy a new
home elsewhere at three times the cost of our present mortgage is
not a feasible alternative.
3 . Home improvements such as this one add to the desirabili-
ty and value of home, thus increasing its assessment for tax
purposes. This should benefit the community tax rolls.
4 . It is not intended that this addition will serve in any
capacity that is contrary to City Ordinance, such as rental space,
but as simply an addition to our home.
Members of the Council, I believe this section of our ordi-
nance warrants your further attention because I don't believe it
was passed with the intention of discouraging common home improve-
ments such as described. I don' t believe the City Council of a
progressive community would attempt to tell its citizens they
can' t conduct home improvements such as this one- yet that is the
affect of the current wording of the ordinance.
Thank you for your consideration.
Barrett can go before the Zoning Board of Adjustments and
re; i::est this variance .
Councilman Gaston said that he was on Planning and Zoning
an that Mr . Faires did tale a )ont this being a problem
the time the ordinance was passed . Planning and Zoning knew
it could be a proble 1 .
City Manager Gus Pappas said Mr . Barrett ne _ed to be
advised of the way to go and now n knows to go to the
Zoning Board of Adjustments and let them look. at his
request . _Lne Zoning Boar: of Adjustments can ' as,. l _ thes
types of request on individual basis .
Motion was made by Councilman Spence to approve the
arne .dment to Zoning Ordinance 11o . as stated above .
Seconded by Councilman Martin . The vote was as follows :
hayor A_:in — in favor , Mayor or Pro ion Iiu hes — 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 caroled with
all in favor .
APPROvAL OF "SEARCH WARRANT" ORDIN;'.i CL , PROVIi)INw
DEFINITIONS AND AUTORIZINc ISSUANCE AND EXCUTInN OF SEARCH
WARRANT; : This ordinance is being presented. due to the fact
that alteough we have written into various ordinance , the
-i g ,.t o entr, tin is o_ ordinance _ teen declared
illegal by the Supreme Court . State law provides for search
war- a J.s for fire marshals , of officers an o
certified law enforcement officers . There is no pprov''. �_on
Sta ,_ law for s odninistrative search worran . hen
administrative officers are forbidden the right of entr the
officer nun _ leap._ e premix es obtain a search warrant
such as is provided for by this ordinance .
Mayor Akin wanted to know if this ordinance graat2 hr .
alre'. entr into aa_ house ha so chose . hr . 'airos s:. id
yes , after obtaining the search war not fro, . the judg2 . In
order co obtain this search warrant , mr . Faires stated , that
he would have to show Just cause for want-,. to ai . entc_
into a souse . ihu scarce warrant e 1,._ o-.1 allo- hi to
enter the house , he could not seize eviden a . of was
r _e ); Councilma _ Martin to approv h ordinance fo
"Search Warrant" . Seconded by Councilman Fulghem . _he vote
wa5 is follows : mayor A :ln — in favor , hayor Pro e' 11 S
— against , Councilman Sim on > — in favor , Count.—man Spence
e,; :_11St , Council a hartin — in favor , .ouncilean tlll�hern
— in favor , and Councilman uaston — in favor . This motion
carre w fi ,, j in favor and two against .
LRLCEH 1 A ION BY mR . FOR 2P T J O;:N OF THE TEXeS WAX
COMMI SION : mr . Forest John cal ed today to re ue t this
item be puled froa the agenda . The two persc a who were to
62
co. with Am, are ill and e hope to core at a lat' r date .
This was in regards to our wastewater treat ent pl -m t .
AWARD BID OF TRASh BAGS : The City receive'- two 'ids for
trash bags . The specs asked for bids for cuaut ties of
and , Gee. bags . Bide received were as follows :
Arrow Industries - 75 ,00. 4 , 87 . 00 - � 3 . 25 rol
- . roll
Adams Indusrrie:, i 5 , OOu U5 , 190 .00 - $3 . 46 rol
- . . roll
Staff recom:.ends the bid be awarded to Arrr,..- Indu r en for
60, vuv bags at a cost o_- Motion was e
Councilman Fulgham to aware the bid to Arro Cnc'_ .:. ea in
Al , acount of . C . Seconded by Councilman Simmons .
The vote was as follows : mayor Akin - in savor , .,ajo Pro
lea Hughes - in favor , Councilman Simmons - in favor ,
Councilman Spence - in favor , Counci ::a n Narn - in favor ,
Councilman Fulgham - in favor , and Councilman uaston - in
favor . 'ibis motion carried wit . al in savor .
CITI,ehEN PARTICIPAIIGN : i r . John Pier.-el of :u4 .-to e o
sai that ._ne new construct _ bein built in We
Meadows III is causinga lot of trash pro 1 is pas
wee end the wind construction tru_s
front and back yard . Mr . Pierrel said it to hi tdr,_
.o `;et this claane up . Also i°ir . Pier -el conc rned
that these new hones do not have the right amn n of ri
o con, l with o ordinance . hr . Pie said he
would not have built there if he had 'known it was goi to
tr._c . homes . This is supeos - to a custom hones .
Enforcement Office - Mr Roy i aires re u : to hr . Pie r to
ca i__ them :: ter- _ construction
trash because the Cit r does have an ordi ance to co
this . ..r. . al:., t sir . Pier the ', ec'.
the house to make sure they have 75:> maso:nry .
Hr . ife'-vin St . John sai c he would tal -it t bui ,
becau >, there: is a protection this area than
fourth house ca e built t sa .c .
COUNCIL DISCUSSION : Council castor, apo - g `_z d for
missing i:. the lastnee _ __ g .
Council _<_h i ar :,'_n re ;or to Publi -works Dire Bil
i is _i, Dillto, nu o_ pate holes .
mayor Akin said that kids have p-,-ai -t - the old .at to or ,
he thought the law used to met a_` f ., a it . _ .
Bill Windham said it still does require a 8 ft . fence . mem,
Mayor Akin also said there were a lot of junk cars around
town and he would like to see these cleaned up .
63
councilman Spence said that Oaks Center had three break ins
over the week end . Could we put another man on duty at
night . City Manager Gus Pappas said that on the next
agenda , there would be authorization for two more police
officers .
There being no other matters to discuss , Mayor Akin called
for a motion to adjourn . Motion was made by Councilman
Spence to adjourn . All in favor .
F
John W. Akin , Mayor
SEAL ` 1
ATTEST : . TE�a c�
nu►u►us
Caro yn (yes , ty Secretary