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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 . 58 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 59 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