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03-25-1986 (City Council) Minutes 64 CITY COUNCIL MEETING MINUTES .... MARCH 25 , 1986 7 : 00 P . M . The Wylie City Council met in regular session Tuesday , March 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 . Those present were Mayor John W . Akin , Mayor Pro Tem Don Hughes , Council Members Randall Gaston , Harold Spence , William Martin , and Percy Simmons , City Manager Gus Pappas , City Secretary Carolyn Jones , Public Works Director Bill Windham , Code Enforcement Officer Roy Faires , Finance Director James Johnson , Development Inspector Don White , Cal Westerhof , Sandra Donovan and other citizens . Councilman Fulgham was absent . Mayor Akin presided over the meeting . 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 , °O" Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in favor , Councilman Martin - in favor , Councilman Gaston - in favor . This motion carried with all in favor . RE-APPOINTMENT OF MEMBERS TO CONSTRUCTION BOARD : The staff would suggest that three members be appointed for terms to expire January 1 , 1987 and four members whose terms would expire January 1 , 1988 . The three members whose terms will expire January 1 , 1987 are Kevin St . John , Glen Morrow , and John Seeley . The four members whose terms will expire January 1 , 1988 are Mickey Foster , Mike Worthington , Raymond Sweeney and Marvin Blakey . Motion was made by Mayor Pro Tem Hughes to re-appoint members to the Construction Board as stated above . 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 , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF BOUNDARY LINE AGREEMENT BETWEEN THE CITIES OF WYLIE AND MURPHY : City Manager Gus Pappas recommends to the Council that this item be tabled , as the City of Murphy has not signed the agreement and returned it to the City of Wylie as of this date and time . Motion was made by Councilman Gaston to table this item . Seconded by Councilman Martin . 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 Gaston - in favor . This motion carried with all in favor . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 320 . 907 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY) COLLIN COUNTY ABSTRACT 688 : This property is located on the north side of East SH78 , surrounding the site of the proposed Municipal Complex . The public hearing requirements have been satisfied and the 20 day waiting period has been met . Motion was made by Councilman Martin to approve and sign annexation ordinance for 320 . 907 acres out of the Francisco de la Pina Survey , Collin County , Abstract No . 688 . Seconded by Councilman Gaston . 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 Gaston - in favor . This motion carried with all in favor . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 148 . 5696 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY COLLIN COUNTY ABSTRACT 688 : This property is located on the south side of East SH78 and is adjacent to Wylie Ranch East . The public hearings requirements have been satisfied and the 20 day waiting period has been met . Motion was made by Mayor Pro Tern Hughes to approve and sign annexation ordinance for 148 . 5696 acres out of the Francisco de la Pina Survey , Collin County , Abstract No . 688 . 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 , and Councilman Gaston - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ZONING OF 148 . 5696 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY ABSTRACT NO . 688 : this property is located on the south side of East SH78 and is adjacent to Wylie Ranch East . Mayor Akin opened the public hearing . The zoning request for this property is for Business 1 , Multi=family , Single Family 2 and Single Family 3 . Mrs . Marge Feivor of 315 Callie Court wanted to know what the Planning and Zoning Commission recommended . City Manager Gus Pappas said that the Planning and Zoning Commission recommends to Council Business 1 fronting Highway 78 and Single Family 2 for the remainder of the tract . Mr . Jim Feivor of 315 Callie Court said the proposal looks like the City if trying to improve the area . The developer is also trying to improve this area but it is not consistent with Wylie Ranch East - Beaver Creek - and Lazy Acres . This development will lower the life style of what has already 66 been built in this area . Multi-family will bring transit type people and will lower the value of the homes already built . Mr . Feivor said the residents of Wylie Ranch East feels this developers proposal is in conflict with the City ' s Zoning Ordinance . The density is much greater on the proposal than what has already been built . Again Mr . Feivor said this would lower the value of the homes built in Wylie Ranch East . Mr . Feivor than asked the following questions ; Is the City ready for this type of growth? ; the City is already having problems with sewer , this is going to add to these problems? The presentation made to the Council on zoning of this property by Wylie Ranch East residents was a border of acre lots with 1/ 4 acre lots and Single Family in the center of this property . Mr . Feivor said Planning and Zoning recommended Single Family 2 homes . Since the larger lots in the City has 10 , 000 square feet than Wylie Ranch East is recommending the Council zone this property Single Family 1 . Mr . Feivor also stated that there was a petition of loandowners who are against this zoning in this area , but did not offer this petition to the City for record . Mr . Mark Arrington of 3385 Stone Road stated he was running for Justice of the Pease and if there are apartments , there will be more calls to answer . Mr . Doug Lewis owner of the 148 acres being discussed for zoning said he has listen to concerns from Planning and Zoning members and citizens . He said he then reviewed this area in order to help him ascertain the proper zoning plus had other meetings with City staff . Mr . Lewis said in his review and meetings with City staff , he looked at the following : Road ways around the area - Highway 78 - Brown St . - these are thoroughfares All commercial usage will be along Highway 78 Property West which is Wylie Ranch East , it is Mr . Lewis understanding from Planning and Zoning will zoned Single Family 2 if and when they come into the City of Wylie Multi-family is 900 feet from Highway 78 - all traffic will be going to Highway 78 and not through Wylie Ranch East until the southern boulevard is complete The land tract - Wylie Ranch East - has asked a lot of questions about zoning on this four lane boulevard - this would give multi-family on one side and Single family on the other Development along Highway 78 - from USGS maps , with a draw down the center toward the lake , this tract has 67 low elevation of 450 feet up to 500 feet - - about 80 foot drop on this tract . drainage running through this tract that has over 10% slop West of property is Single family 2 if and when it comes into the City West of Wylie Ranch East , is Duplex - Multi-family , Single family 3 , and Commercial ( Wyndham Estates ) 320 acres across Highway 78 from this property is proposed zoning of Retail - Business 2- Business 1 - Multi-family - and Single Family 3 East of this property is the lake . Mr . Lewis feels he has laid out his property were traffic will not go through existing tracts . He also feels he has buffered his tract from surroundings tracts . Restrictions on development is a better buffer than one acre tracts . Mr . Lewis also stated that the land fronting Highway 78 will be conforming with what is now zoned and what is in the planning stages of zoning . Mrs . Sandra Overman of 306 Woodhollow Court -wanted to know where Mr . Lewis lived . Mr . Lewis said in Austin , but he was very glad to be in Wylie . Jean Bush - stated that the land adjacent to the property being zoned is very pretty and she would like to buy it . Mr . Charles Lindsey - 2815 Stone Road wants to know where the kids will play , will they come over to other properties and other homes to play . Mr . Lewis said there is a proposed school in this area . Betty Key of 345 Callie Court said a place for kids to play not in school . The closest park is the park adjacent to the Library . Mr . Lewis said yes , he has considered this , but that this would be part of plating not zoning . Donna Lewis lives in Garland concerned about drainage . Mr . Lewis said all drainage , water and sewer will be approved by the City Engineering Department and this would be done at the time of plating . Marge Feivor wanted to know the number of house and the number of apartments . City Manager Gus Pappas said this is a part of plating - SF-3 could have approximately 4 units per acre . Mr . Lewis said approximately 342 houses in Single Family and 18 units per acre for multi-family . City Manager Gus Pappas said that the development process takes out utility easements , street , and alleys and until 68 plating , this is not an accurate count for the number of houses or apartments . Mrs . Feivor said that we were still looking at the same number of homes . City Manager Gus Pappas said no , there were 40 units less in duplex , 34 units less multi-family , and 15 to 16 units less in single family . Lisa lives on East Brown wanted to know if the developer would pay for the widening of Highway 78 . City Manager Gus Pappas said this was a part of plating , that each developer has to pay fees for preimeter street improvements , plus other fees . Along a state highway , he must pay a sum of money to put in one land of traffic on the frontage of this property . When the State comes through to widen Highway 78 , his money will go to help the City pay their portion for the project . These improvements are to begin in 1987 and be completed in 1989 . In addition he will be required to pay or make the improvements on Brown and on the east thoroughfare coming through ( 22 ft . of paving and dedicated R-O-W for both streets ) . Mr . Feivor said Mr . Lewis is talking about what is being proposed and he is talking about what is already established on Stone Road and Kreymer . rMO% Sandra Donovan said with the City ' s already existing problems with sewer is it to the advantage for the City to go ahead with this development . City Manager Gus Pappas said yes , Rush Creek Lift Station is ready to go on line , there will be no problems . Councilman Gaston wanted to know how long before first homes would be ready for move in on this development . Mr . Lewis said January or February for lots to be ready to be built on and late spring for homes to be completed and ready to move into . A total of approximately 36 to 42 months . Harold Stephens of Hilltop Circle does not see the purpose of this boulevard being put in on this development . City Manager Gus Pappas said that what is reflected is the thoroughfare plan which this City has . At time of development the entire boulevard will not be developed , but the Right-of-Way is given and can be extended when needed . Kreymer Lane is a Collin County thoroughfare and will become a six lane boulevard . Clyde Key of Callie Court wanted to know if signal lights would be on Highway 78 . City Manager Gus Pappas said yes , the City knows this and has requested street lights now for a help in making the turn off of Highway 78 and on to Kreymer . There are a number of intersections which will have to signaled as the City grows . There being no other questions , Mayor Akin closed the public hearing . APPROVE ZONING ORDINANCE FOR 148 . 5696 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY COLLIN COUNTY ABSTRACT 688 : This property is located on the south side of East SH78 and is adjacent to Wylie Ranch East . The Planning and Zoning Commission recommends Business 1 for the highway frontage and Single Family 2 for the remainder . Motion was made by Councilman Gaston to approve and sign the zoning ordinance for 148 . 5696 acres out of the Francisco de la Pina Survey , Collin County Abstract 688 for 37 . 09 Acres for Business 1 and the remainder being zoned Single Family 2 . Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - against , Councilman Simmons - in favor , Councilman Spence - against , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with four ( 4 ) in favor and two ( 2 ) against . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 15 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY DALLAS COUNTY ABSTRACT 1384 AND COLLIN COUNTY ABSTRACT 11001 AND 16 ACRES OUT OF THE WILLIAM SUTTON ABSTRACT 1275 : This property is located on Pleasant Valley Road . The public hearing requirements have been satisfied as well as the 20 day waiting period . Motion was made by Councilman Simmons to approve and sign annexation ordinance for 31 acres out of the Guadalupe de Los Santos Survey and the William Sutton Survey . 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 , and Councilman Gaston - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ZONING OF 31 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY , DALLAS COUNTY ABSTRACT 1384 , COLLIN COUNTY ABSTRACT 1100 AND WILLIAM SUTTON SURVEYS ABSTRACT 1275 : This property is located on Pleasant Valley Road . The request for zoning on this property is for agricultural zoning . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR 31 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY DALLAS COUNTY ABSTRACT 1384i COLLIN COUNTY ABSTRACT 1100 AND WILLIAM SUTTON SURVEY ABSTRACT 1275 : This property is located on Pleasant Valley Road . The Planning and Zoning Commission recommends approve of agricultural zoning for this property . Motion was made by Mayor Pro Tem Hughes to approve and sign zoning ordinance -• for 31 acres out of the Guadalupe de los Santos Survey , Dallas County Abstract 1384 , Collin County Abstract 1100 and William Sutton Survey , Abstract 1275 with Agricultural Zoning . Seconded by Councilman Martin . The vote was as 70 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 Gaston - in favor . This motion carried with all in favor . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 60 . 15 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY , COLLIN COUNTY ABSTRACT 1100 AND 20 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEYS DALLAS COUNTY ABSTRACT 1384 : This property is located on Old Sachse Road and has a total of 80 . 15 acres . The owner of this property is Mr . Fred Bruner . The public hearings requirements have been satisfied as well as the 20 day waiting period . Motion was made by Councilman Martin to approve and sign annexation ordinance for 60 . 15 acres out of the Guadalupe de los Santos Survey , Collin County , Abstract No . 1100 and 20 acres out of the Guadalupe de los Santos Survey , Dallas County , Abstract 1384 . Seconded by Mayor Pro Tern Hughes . 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 Gaston - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ZONING FOR 80 . 15 ACRES OUT OF GUADALUPE DE LOS SANTOS SURVEYS DALLAS AND COLLIN COUNTY ABSTRACT 1384 AND 1100 : This property is located on Old Sachse Road , and the owner is Mr . Fred Bruner . The request �" for zoning is for Business 2 and SF , and Agricultural . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR 80 . 15 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY , DALLAS AND COLLIN COUNTIES ABSTRACT 1384 AND 1100 : This property is located on Old Sachse Road . The Planning and Zoning Commission recommends to the Council the zoning of Business 1 and Business 2 and Agricultural . This is deleting the 2F requested by Mr . Bruner . Motion was made by Mayor Pro Tern Hughes to approve and sign zoning ordinance for the 80 . 15 acres as follows : Business 1 - 18 Acres Business 2 - 12 Acres Agricultural - 50 Acres . Seconded by Councilman Spence . 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 Gaston - in favor . This motion carried with all in favor . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 22 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEYS COLLIN COUNTY ABSTRACT 1100 AND 113 . 89 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEYS DALLAS COUNTY ABSTRACT 1384 : This property is AMINO located on Pleasant Valley Road and is a total of 135 . 89 acres . This property is owned by Mr . Roddy Groves . The public hearing requirements have been satisfied as well as the 20 day waiting period . motion was made by Mayor Pro Tem Hughes to approve and sign annexation ordinance for 135 . 89 acres out of the Guadalupe de los Santos Survey , Collin and Dallas Counties . Seconded by Councilman Gaston . 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 Gaston - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ZONING FOR 135 . 89 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY , DALLAS AND COLLIN COUNTIES ABSTRACT 1384 AND 1100 : This property is located on Pleasant Valley Road , adjacent to Mr . Bruner ' s property . The owner is Mr . Roddy Groves . 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 135 . 89 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY , DALLAS AND COLLIN COUNTIESi ABSTRACT 1384 AND 1100 : This property is located on Pleasant Valley Road , adjacent to Mr . Bruner ' s property . The request for zoning is for Agricultural . The Planning and Zoning Commission has heard this petition and recommends this to Council for approval . Motion was made by Mayor Pro We Tern Hughes to approve and sign zoning ordinance for 135 . 89 acres out of the Guadalupe de los Santos Survey , Dallas and Collin Counties . Seconded by Councilman Spence . 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 Gaston - in favor . This motion carried with all in favor . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 84 . 98 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY , DALLAS COUNTY ABSTRACT 1384 : This property is located between Pleasant Valley and Old Sachse Roads . This property is owned by Mr . H . A . Walker . The public hearing requirements have been satisfied as well as the 20 day waiting period . Motion was made by Councilman Spence to approve and sign annexation ordinance for 84 . 98 acres out of the Guadalupe de los Santos Survey , Dallas County . Seconded by Councilman Gaston . 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 Gaston - in favor . This motion carried with all in favor . PUBLIC HEARING ON THE ZONING OF 84 . 98 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY , DALLAS COUNTY , ABSTRACT 1384 : This property is located between Pleasant Valley and Old Sachse Roads and is owned by Mr . H . A . Walker . The request for zoning is for Agricultural . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . 72 APPROVE AND SIGN ZONING ORDINANCE FOR 84 . 98 ACRES OUT OF THE OMNI GUADALUPE DE LOS SANTOS SURVEY_, DALLAS COUNTY ABSTRACT 1384 : This property is located between Pleasant Valley and Old Sachse Roads . The Planning and Zoning Commission recommends this to Council for approval . Motion was made by Councilman Spence to approve and sign zoning ordinance for 84 . 98 acres out of the Guadalupe de los Santos Survey , Dallas County . Seconded by Councilman Martin . 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 Gaston - in favor . This motion carried with all in favor . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 7 . 228 ACRES OUT OF THE DUKE STRICKLAND SURVEY_, COLLIN COUNTY ABSTRACT 841 : This property is located west of the railroad tracts on SH78 and across from Century Business Park . The public hearing requirements have been satisfied as well as the 20 day waiting period . Motion was made by Councilman Martin to approve and sign annexation ordinance for 7 . 228 acres out of the Duke Strickland Survey , Collin County . Seconded by Councilman Gaston . 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 Gaston - in favor . This motion IRMO carried with all in favor . PUBLIC HEARING ON THE ZONING OF 7 . 228 ACRES OUT OF THE DUKE STRICKLAND SURVEY , COLLIN COUNTY ABSTRACT 841 : This property is located west of the railroad tracks on S . SH78 across from Century Business Park . The request for zoning is for Industrial . Mayor Akin opened the public hearing . Mr . Jim McKnight stated the Industrial Zoning was being requested on this 7 . 228 acres but only approximately 2 acres could be use because of the soil conservation easement . City Manager Gus Pappas said this property is off Hensley Road and is a section at the bottom of the Harvard Hoagland 50 acre tract . Staff recommends approval of the Industrial Zoning , but this is the place to stop the Industrial Zoning . The Planning and Zoning Commission recommends this for approval . There being no other questions , Mayor Akin closed the public hearing . APPROVE AND SIGN ZONING ORDINANCE FOR 7 . 228 ACRES OUT OF THE DUKE STRICKLAND SURVEY_, COLLIN COUNTY ABSTRACT 841 : This property is located west of the railroad tracts on S . SH78 across from Century Business Park . The request for zoning is for Industrial and the Planning and Zoning Commission recommends approval . Motion was made by Councilman Spence to approve and sign the zoning ordinance for 7 . 228 acres out of the Duke Strickland Survey , Collin County for Industrial Zoning . Seconded by Councilman Gaston . 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 Gaston - in favor . This motion carried with all in favor . FINAL PUBLIC HEARING ON THE ANNEXATION OF 190 . 013 ACRES OUT OF THE C . A . MCMILLAN SURVEY). ABSTRACT 5881. THE MOSE PARKS SURVEY). ABSTRACT 849i THE J . MAXWELL SURVEY , ABSTRACT 582 , COLLIN COUNTY : This property is located on west FM 544 , west of the extension of McCreary Road . This property is located on the Murphy side of the proposed boundary line agreement between Murphy and Wylie . As of this date this agreement has not been signed by Murphy , staff recommends the Council to conduct the public hearing . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FINAL PUBLIC HEARING ON THE ANNEXATION OF 9 . 5055 ACRES AND 10 . 0657 ACRES OUT OF THE R . D . NEWMAN SURVEY , ABSTRACT 660 ; THE H . J . HARDIN SURVEY). ABSTRACT 438 , THE I . CLIFTON SURVEY). ABSTRACT 193). COLLIN COUNTY : This property is located on the corner of Hooper Road and Hensley Road . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FINAL PUBLIC HEARING ON THE ANNEXATION OF 92. . 4 ACRES OUT OF THE I . CLIFTON SURVEY). ABSTRACT 1932_ THE J . HARDIN SURVEY). ABSTRACT 438 AND THE R . D . NEWMAN SURVEY , ABSTRACT 6602 COLLIN COUNTY : This property is located on Hensley Road . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FINAL PUBLIC HEARING ON THE ANNEXATION OF 45 . 763 ACRES OUT OF THE N . SPARKS SURVEY). ABSTRACT 849). COLLIN COUNTY : This property is located south of what is known as Southfork (labile Home Park . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FINAL PUBLIC HEARING ON THE ANNEXATION OF 125 ACRES OUT OF THE J . MITCHELL SURVEY). ABSTRACT 5892. COLLIN COUNTY : This property is known as Southfork Mobile Home Park . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FINAL PUBLIC HEARING ON THE ANNEXATION OF 117 . 1 ACRES OUT OF THE NATHANIEL ATTERBERRY SURVEY). ABSTRACT 6 : This property is located on the southern extension of FM 544 in the tri- county area and is across from what we know as the Finholt property or the Lake Ray Hubbard Mobile Home Park . Mayor 74 Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . FIRST PUBLIC HEARING ON THE ANNEXATION OF 31 . 82 ACRES OUT OF THE R . D . NEWMAN SURVEY ABSTRACT 660.2. COLLIN COUNTY : This property is located on the east side of S . SH78 extending from the southern boundary of Century Business Park to the southern boundary of the property known as the Flinyard farm . This public hearing represents six separate pieces of property . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON THE RE-ZONING OF LOT 13 , BLOCK 31 RAILROAD ADDITION : The owner of this tract , Kenneth McCrum , owner of Ken ' s Communications , is petitioning for a change from Single Family to Retail . This is consistent with the existing use and with the projected plans for the area . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR THE RE-ZONING OF LOT 13 , BLOCK 311. RAILROAD ADDITION : This tract of land is known to us as Ken ' s Communications , the petition for re- zoning is from Single Family 3 to Retail . Motion was made by Mayor Pro Tern Hughes to approve and sign zoning ordinance for the re-zoning of lot 13 , block 31 Railroad Addition . Seconded by Councilman Simmons . 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 Gaston - in favor . This motion carried with all in favor . PUBLIC HEARING FOR SPECIAL USE PERMIT FOR LOT 13 , BLOCK 30 , RAILROAD ADDITION : The petitioner , the Church of the Holy Spirit , is asking for a special use permit for a portable building to be set on the lot and used as Sunday School rooms . This type of permit has been issued in the past for similar uses by churches , schools and day care centers . Mayor Akin opened the public hearing . City Manager Gus Pappas said the staff has reviewed the petition and while not concerned with the request to temporarily use a portable building , does have some concern with what we feel may be a significant crowding of the lot . This building will set at the back of the church next to the alley . City Manager Gus Pappas also stated from a practical stand point the alley has not use , it dead ends into Kirby Park . Mrs . Sandra Donovan want to know how long will the special use permit be for . City Manager Gus Pappas said one year and then it would be reviewed again by the Planning and Zoning and Council . City Manager Gus Pappas stated that the Planning and Zoning Commission recommends approval . f 5 fir . Roy Holley said the problem was the church did not have any room for their children on Sunday . There being no other questions , the public hearing was closed . APPROVE SPECIAL USE PERMIT FOR LOT 13i BLOCK 30L RAILROAD ADDITION : This petitioner is requesting a special use permit for a portable building to be set on the lot and used as Sunday School rooms . Motion was made by Councilman Simmons to approve the special use permit for one year . 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 Gaston - in favor . This motion carried with all in favor . APPROVE AND SIGN AMENDMENT TO ORDINANCE NO . 71 -8 PROHIBITS THE CONSUMPTION OF ALCOHOL WITHIN THE CITY LIMITS : This amendment will delete the words " except in public view" from the ordinance . This amendment has been discussed with Chief Abbott and this is his recommendation to be compatible with State law . Motion was made by Councilman Spence to approve the amendment to Ordinance No . 71 -8 which deletes the words "except in public view" . Seconded by Councilman Gaston . 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 Gaston - in favor . This motion carried with all in favor . PRESENTATION BY MEL DELANEY : Mr . Delaney thanked the Council for this time to come before them . This is in regards to a subdivision which Mr . Delaney is involved in just outside the city limits of Wylie . The First section of this subdivision was done in 1981 . Mr . Delaney said he acquired this work in 1982 and is helping with the development . This development is for one acre with septic systems in the first phase . In 1983 we learned lots would have to be 1 1 /2 acres for septic systems . First work on phase two and three was done on Oct . 13 , 1983 . East Fork Water System granted easement for phase one . Mayor Akin asked if lir . Delaney had filed these plats with the County Clerk of Rockwall . Hr . Delaney said he was not sure, if this had been done . Councilman Simmons asked Mr . Delaney if he had any thing from County of Rockwall , such as papers showing filing or plats showing a file date . Mr . Delaney said Mr . Jimmy Kreymer has some papers from Rockwall . 76 Councilman Simmons wanted to know who inspected the water lines . Mr . Delaney said the East Fork Water Supply Company . Councilman Simmons then asked if the inspector was licensed by the State . Mr . Delaney said he thought so but we would have to ask Mr . Charlie Bozman . Councilman Simmons asked to see the papers that they have from Rockwall . Mr . Delaney said he would take the paper to the staff at City Hall . City Manager Gus Pappas said that at the time Mr . Delaney came to the City , this property was outside of the ETJ line of Wylie . This project continued to develop without question from City Hall on phase one . When a new area opened the city staff begin to question the development , since we were Home Rule Charter and this gave us a one mile ETJ line . Staff wanted to know could once a property which was outside ETJ keep exempt from the City . If a plat changes can the plat keep this ETJ exemption . Second plat was filed for preliminary plat approval after the date we would have become involved . The city staff has tried to get phase 2 brought to them for review with the proper departments . Selling off lots of a subdivision that does not have improvements is in violation of the City of Wylie Subdivision Ordinance . Mr . Delaney has admitted to this . The City has had no participation in this phase 2 plat . City Manager Gus Pappas still feels the city has no opportunity to enter into phase 1 , but phase 2 does present a questions to the city staff of this being a continuation of phase 1 . Staff has asked Mr . Delaney for information for review but as of this date Mr . Delaney has not given this information . City Manager Gus Pappas gave copies of the records from Rockwall County Clerks office showing the dates of when these plats had been filed . These will be made a part of the minutes . APPROVAL OF APPLICATION FOR EXTENSION OF TIME PERIOD OF PRELIMINARY PLAT APPROVAL FOR SOUTHPLACE ADDITION : This addition is located on South Ballard just South of the Middle School . Mr . Roddy has requested this extension and has stated they are ready to proceed with the final plat without the delay of re-approving the preliminary plat . Staff recommends a 180 days extension but with notification that this will be the final extension and at the end of that time they should consider the preliminary plat void if not acted upon . Motion was made by Councilman Simmons to approve the 180 day extension for the preliminary plat for Southplace Addition . Seconded by Councilman Gaston . The vote was as follows : Mayor Akin - in favor , Mayor Pro Ten Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - abstained , Councilman Martin - in favor , and .MNI. Councilman Gaston - in favor . This motion carried with five ( 5 ) in favor and one ( 1 ) abstention . r1-a ACCEPTANCE OF ROAD AND UTILITY EASEMENT FROM W . R . ROSE INVESTMENT CO . : This easement goes through what is known as the Brigham property . This easement is for the extension of McCreary Road and for the water and sewer lines in the area . Motion was made by Mayor Pro Tem Hughes to accept the road and utility easement from W . R . Rose Investment Co . Seconded by Councilman Gaston . 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 Gaston - in favor . This motion carried with all in favor . ACCEPTANCE OF UTILITY EASEMENT FROM MR . PERRY EASTERLING : This easement dedication is mad for the purpose of locating the sewer line from Southfork Mobile Home Park . Motion was made by Councilman Spence to accept the utility easement from Mr . Perry Easterling . Seconded by Mayor Pro Tem Hughes . 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 Gaston - in favor . This motion carried with all in favor . ACCEPTANCE OF UTILITY EASEMENT FROM MR . ROBERT THURMOND : This easement dedication is made for the purpose of locating the sewer line from Southfork Mobile Home Park . Motion was made by Councilman Spence to accept the utility easement from Mr . Robert Thurmond . 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 Gaston - in favor . This motion carried with all in favor . AUTHORIZATION TO HIRE TWO POLICE OFFICERS : These two police officers are being funded by the monies received from the Corps of Engineers and will be supplemental patrols for the parks around Lake Levan . The funds being received from the Corps of Engineers will more than take care of these two new police officers . Motion was made by Councilman Gaston to grant authorization to hire two additional police officers . Seconded by Mayor Pro Tem Hughes . 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 Gaston - in favor . This motion carried with all in favor . AUTHORIZATION TO HIRE CIVIL ENGINEER- IN-TRAINING : The staff has discussed with the Council the hiring of this engineer on several occasions at work sessions ans as part of our budgeting process . The staff could find no record that the Council had specifically given their authorization for this position . The staff has been able to find an engineer who does have some three years experience . Motion was made by 78 Mayor Pro Tern Hughes to grant authorization to hire civil engineer-in-training . 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 Gaston - in favor . This motion carried with all in f avor . ACCEPTANCE OF PUBLIC IMPROVEMENTS IN WESTWIND MEADOWS PHASE III : City Manager Gus Pappas reported that there are two ( 2 ) telephone poles in an alley that have to be moved by General Telephone and some 600 feet of sewer line to be laid . Staff suggest Council not accept this at this time but for Council to grant Mayor authority to sign plat at the time these improvements are finished . Motion was made by Mayor Pro Tern Hughes to grant the Mayor authorization to sign the plat at the time the above items have been completed . Seconded by Councilman Gaston . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tern Hughes - in favor , Councilman Simmons - in favor , Councilman Spence - in abstained , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with five ( 5 ) in favor and one ( 1 ) abstention . APPROVAL OF CONTRACT FOR FINANCING OF MUNICIPAL COMPLEX : Mr . James Johnson , Finance Director , stated that after MM. sending out proposals ( REP ' S ) stating what type of lease the City wanted as well as requesting detailed information as to the financial-related aspects of individual company , I received five responses . After studying these proposals , staff recommends First Continental Leasing Corporation of Dallas , Texas . Interest rate quoted as of today was 7 . 68% net interest . Motion was made by Councilman Simmons to approve leasing agent and approval of staff to proceed with negotiating with authorizing approvals from : First Southwest Attorney , Dub Holoway , City Bond Attorney , Ed Esquvel , and City Attorney Larry Jackson for the Municipal Complex . Seconded by Councilman Gaston . 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 Gaston - in favor . This motion carried with all in favor . APPROVAL OF FINAL CONTRACT WITH SPEED FAB-CRETE FOR CONSTRUCTION OF MUNICIPAL COMPLEX : The representatives for Speed Fab-Crete and the members of the building committee , along with staff members met and came up with the final figures for constructing the municipal complex " turn-key" . The contract , has been signed by Dave Bloxom of Speed Fab - Crete and is now presented for our review and approval . Mr . James Johnson , Finance Director stated the contract can be ANN.,. reviewed and discussed and approved but not signed at this date . We have been legally advised not to sign the contract until we have the funds to finance the contract in hand . W 9 The funds should be in hand sometimes around the first of - May . Motion was made by Mayor Pro Tem Hughes to approve the contract for a " turn key " job contingent upon the date the funds are in hand . Seconded by Councilman Simmons . 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 Gaston - in favor . This motion carried with all in favor . AUTHORIZATION TO ISSUE PREVIOUSLY AUTHORIZED BUT UNISSUED BONDS : The bond market has never been better , thus , the staff recommends that we issue some $ 165 , 000 . worth of approved , but unissued bonds which were authorized for water and sewer improvements . This has been discussed with our financial advisors , Mr . Medanich says they can be issued on short notice . We suggest that we do so and retain the money for necessary sewage treatment plant improvements which we feel are going to be necessary prior to the opening of the new plant and use a portion of the money to provide a better cash flow to the lift station district fund . Motion was made by Councilman Gaston to grant authorization to issue previously authorized but unissued 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 Gaston - in favor . This motion carried with all in favor . CITIZEN PARTICIPATION : Mr . Jim Feivor of 315 Callie Court stated the petition he spoke of earlier contained 117 registered voters and they have concerns about Wylie . They are concerned about the growth and the patterns the City is taking in zoning . Councilman Simmons said you cannot stop growth , if you try , people come in just outside the city where there is no controls and put in subdivisions with no regulations . Mayor Akin said the key is to have good planned growth and the City should provide services . Mr . Feivor questioned the Single Family 1 south of Stone Road . Was this in the best interest of the City . Councilman Simmons said it was to go with contour of the land . People wanting to build $150 , 000 homes , want them put on something besides flat land . This are south of Stone is the type of land people are looking for . Mr . Leon Boughton addressed the Council once again on the drug problems of Wylie . He stated that he had just come from a young mans house and this person was hooked on drugs and was spaced out . Mr . Boughton said he has come across people here in Wylie who are stealing and using drugs . The money he has spent trying to work on the drug problem has been out of his own pocket , he also stated he was not asking for money from the City . He also stated he has a brother who is hooked on drugs and a niece that is 18 years old 80 using drugs . People have threaten him and have tried to run him off the road . The kids are not the problem , we need to ..... get the dealers . The kids are not selling they are users and should not be in jail . Mayor Akin said the City of aware of this but we have asked that you go to the Chief Abbott and the police department , and not to the Council . The police is the place to take this problem . COUNCIL DISCUSSION : Mayor Pro Tem Hughes said the newspaper sits at every meeting , they don ' t say anything , yet print what they want . Mayor Pro Tem Hughes stated the paper is trash . Councilman Spence wanted to know if Bill could rush up the Rush Creek Lift Station to 35 days for completion and get rid of the "honey wagon" . Mr . Bill Windham , Public Works Director , said the main tie up is with North Texas Municipal Water District on the main line they said they would give us some time back . City Manager Gus Pappas said we had offered to let North Texas Municipal Water District hire their on engineer and contractor . Councilman Spence also stated that for three or four years all he has heard is that the sewer treatment plant is at 60% capacity from some and others say it is over flowing . Mr . MUM Bill Windham said this is one of the first things that will come from the engineering firm , is the problems of our sewer treatment plant . City Manager Gus Pappas said that any rumors that say we are over capacity is wrong . Councilman Spence also asked Mr . Bill Windham if he had the street program ready . Mr . Windham said the report is ready and would be coming up on the next Council agenda . Councilman Martin said that the city crew was removing the base at Masters and Fourth . He thought this work was to be done by the owners of the property . Mr . Windham said the city wanted this base because it would be a good foundation for the street going into Middle School . Mayor Akin said that this Thursday night was the Collin County Public Officials meeting . Next Monday night was the meeting on the beautification program for the City of Wylie . City Manager Gus Pappas said there had been a lot of discussion on the thoroughfare plans for Alanis . He needed some kind of direction on whether we wanted a 65 foot or 100 foot right-of-way . The problem is parts of this street the City will have to buy up homes and tear them down if we melte proceed with the 100 foot right-of-way . Council said to stay with the 100 foot right-of-way . A."B City Manager Gus Pappas also stated that at budget time he was instructed to get inquires on engineering firms for the sewer treatment plan . The staff has received some 23 applications but we have narrowed them down to about five per each staff member involved . Out of these five there could be three of the same when these list are put together . Does council want to interview all five or do you want us to cut the list down to three firms . Council said for staff to narrow it down to three and then set up a Saturday workshop . City Manager Gus Pappas said that last year Council had authorized the staff to try and put together a summer recreation program . We have some people interested in doing this job , does the Council want staff to hire them . The three people who have applied are graduates but can not be certified without this summer experience . They all seem to have the experience for this type of program . Mayor Akin said to go ahead with the program . The customer water accounts is approaching 1800 , if we issue four more building permits this month , we will increase 100% over the permits issued last three months , compared to last year at this time . City Manager Gus Pappas also stated that he has been in Wylie for some 2 1 /2 years and has not taken a vacation as of this date , but if no one objects , he will be out of the office for the next three days . Motion was made by Mayor Pro Tem Hughes to convene into Executive Session under the authority of Article 6252-17 of V . A . C . S . Section 2 paragraph " g" personnel matters . Mayor Akin called the meeting back into open session . There being no decisions from the executive session , Mayor called for a motion to adjourn . Motion was made by Mayor Pro Tem Hughes to adjourn . All were in favor . w```�,``��k�iiii\\t1\li�tt wk ill//lPJ// John W . Akin , Mayor ATTEST : i SEAL ti co ..�.. 7_,:(7 e/�t.'tat 1t0i1tit141iUii • ty, ) _ . Carolyn,/ one ity Secretary