04-22-1986 (City Council) Minutes 97
CITY COUNCIL MEETING
MINUTES
APRIL 22, 1986
7 :00 P. M.
The Wylie City Council met in regular session Tuesday, April
22 , 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 Don Hughes, Mayor Pro Tem Harold Spence,
Council Members Calvin Westerhof , Joe Fulgham and Sandra
Donovan, Council Member Elect Geline Dodd, City Manager Gus
Pappas , City Secretary Carolyn Jones, Finance Director James
Johnson, Public Works Director Bill Windham, Code
Enforcement Officer Roy Faires, and other citizes. Mayor
Hughes presided over the meeting . Council Member Lowell
Brewster was absent.
Mayor Hughes called the meeting to order and Councilman
Fulgham gave the invocation.
APPROVAL OF MINUTES: There being no corrections or
additions to the minutes, a motion was made by Mayor Pro Tem
Spence to approve as submitted. Seconded by Councilman
Fulgham. The vote was as follows : Mayor Hughes - in favor,
Mayor Pro Tem Spence - in favor , Councilman Westerhof - in
favor, Councilman Fulgham - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor .
ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED COUNCILWOMAN
GELINE DODD: City Secretary Carolyn Jones gave the oath of
office to Geline Dodd. After repeating the oath of office,
Councilwoman Dodd was seated at the Council table.
APPOINTMENT TO FILL ONE VACANCY ON THE PLANNING AND ZONING
COMMISSION: The vacancy on the Planning and Zoning
Commission has been created by the resignation of Joe
Strigle. Motion was made by Councilwoman Donovan to appoint
Fred Ouellette to the Planning and Zoning Commission.
Seconded by Councilman Westerhof. The vote was as follows:
Mayor Hughes - against, Mayor Pro Tem Spence - in favor,
Councilwoman Dodd - in favor, Councilman Westerhof - in
favor, Councilman Fulgham - against, Councilwoman Donovan -
in favor . This motion carried with four (4) in favor and
two (2) against.
APPROVAL OF THE PROCLAMATION OF BIRMINGHAM WEEK IN THE CITY
OF WYLIE - MAY 5 - MAY 10 : This is an annual event and is
done at ther equest of the Wylie Independent School System
to honor the family that has done so much for the school
system. Motion was made by Councilman Fulgham to approve
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and sign the proclamation of Birmingham Week in the City of
Wylie - May 5 - May 10 . Seconded by Mayor Pro Tem Spence.
The vote was as follows : Mayor Hughes - in favor, Mayor Pro
Tem Spence - in favor, Councilwoman Dodd - in favor,
Councilman Westerhof - in favor, Councilman Fuglham - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor.
APPROVAL OF A BOUNDARY LINE AGREEMENT BETWEEN THE CITIES OF
WYLIE AND MURPHY: A motion was made by Councilwoman Donovan
to table items five (5) through eight (8 ) .
Councilman Fulgham asked that City Manager Gus Pappas give
an overview of this agreement. Councilman Fulgham said if
we keep tabling and never vote, how will we get anything
done.
Mayor Pro Tem Spence wanted to know if Murphy had made any
changes . City Manager Gus Pappas said this document has
been revised and sent to us from the City of Murphy and
shows the boundary line terminates at the corner of McMillan
and McCreary at the northwest corner of the Southfork Mobile
Home Park. The original document showed this line to be
extended northward so that the boundary between Parker,
Murphy and Wylie would close. Murphy did not feel that they
could support this . City Manager Gus Pappas said that he
did point out to Mayor Poindexter that without signing the
agreement that would close on the nrothern tracts, it was my
clear opinion that that meant the area north of the mobile
home park and east of McCreary Road was clearly in the ETJ
of Wylie and that Murphy had no claim in that area.
Mayor Pro Tem Spence wanted to know if we had a document to
sign. City Manager Gus Pappas said yes, Murphy has sent it
to us to sign. Murphy wanted Wylie to sign before they do
because of the things that are happening in Wylie.
Councilman Fulgham said he would like to see the Council
agree to sign this document .
Councilman Westerhof wanted to know if we sign and Murphy
does not sign what happens. City Manager Gus Pappas said
there would be no agreement.
Councilman Fulgham said the City has been trying for this
boundary for eight (8) years . We are trying to come to
agreements with cities to help developers know which City to
go to and to not leave areas open for other developers
coming in under no control .
City Manager Gus Pappas said the city already has dedicated
to us a 12 inch water line and 50 foot road easement.
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Mayor Hughes called for a second to Councilwoman Donovan' s
motion. There being no second to this motion, the motion
dies on the table.
Motion was made by Councilman Fulgham to approve and sign
the boundary agreement between Wylie and Murphy. Seconded
by Mayor Pro Tem Spence. The vote was as follows : Mayor
Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilwoman Dodd - in favor, Councilman Westerhof - in
favor , Councilman Fulgham - in favor , and Councilwoman
Donovan - against. This motion carried with five (5) in
favor and one (1) against.
APPROVAL OF ANNEXATION ORDINANCE FOR 190 .13 ACRES OUT OF THE
C. A. MCMILLAN SURVEY, ABSTRACT 588 AND THE MOSE SPARKS
SURVEY, ABSTRACT 849 AND THE J. MAXWELL SURVEY, ABSTRACT 582
ALL OF COLLIN COUNTY: This property is located north of
west FM 544 and west of the extension of McCreary Road .
Since this property is east of McCreary Road, the property
owner would need to get a release from Murphy in order for
the City of Wylie to act on this annexation. Motion was
made by Mayor Pro Tem Spence to table this item. Seconded
by Councilwoman Dodd. The vote was as follows : Mayor
Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilwoman Dodd - in favor, Councilman Westerhof - in
favor, Councilman Fulgham - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
APPROVAL OF ANNEXATION ORDINANCE FOR 45 .763 ACRES OUT OF THE
MOSE SPARKS SURVEY, COLLIN COUNTY ABSTRACT 849 : This
property is located just south of the Southfork Mobile Home
Park and east of the extension of McCreary Road. The public
hearings have been held and the twenty (20) day waiting
period has been satisfied. There was much discussion on the
lift station fees and the impact fees and the amount of
money the developers have put in for water lines in this
area. Motion was made by Councilman Fulgham to approve and
sign annexation ordinance for 45.763 acres out of the Mose
Sparks Survey. Seconded by Mayor Pro Tem Spence. The vote
was as follows : Mayor Hughes - in favor, Mayor Pro Tem
Spence - in favor, Councilwoman Dodd - in favor, Councilman
Westerhof - in favor, Councilman Fulgham - in favor, and
Councilwoman Donovan - against. This motion carried with
five in favor and one against the annexation.
APPROVAL OF ANNEXATION ORDINANCE FOR 117 .149 ACRES OUT OF
THE NATHANIEL ATTERBERRY SURVEY, COLLIN COUNTY ABSTRACT 6 :
This property is located in the tri-county area on south
FM544 . The required public hearings have been held and the
twenty (20) day waiting period has been satisfied .
Councilman Fulgham asked about sewer for this area. City
Manager Gus Pappas said this is in the Cottonwood Lift
Station District. The City has five (5) lift station
districts. Motion was made by Councilman Fulgham to approve
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and sign annexation ordinance for 117 .149 acres out of the
Nathaniel Atterberry Survey. Seconded by Mayor Pro Tem .
Spence. The vote was as follows : Mayor Hughes - in favor,
Mayor Pro Tem Spence - in favor, Councilwoman Dodd - in
favor, Councilman Westerhof - in favor, Councilman Fulgham -
in favor, and Councilwoman Donovan - against. This motion
carried with five (5) in favor and one (1) against the
annexation.
PUBLIC HEARING ON THE ZONING OF 117 .149 ACRES OUT OF THE
NATHANIEL ATTERBERRY SURVEY, COLLIN COUNTY ABSTRACT 6 : This
property is located on South FM 544 , across from the Lake
Ray Hubbard Mobile Home Park. The request for zoning is for
SF3- 78 .5 acres and B-1 - 8 acres and MF - 32.2 acres. The
Planning and Zoning Commission voted to recommend SF 3 -
78 .5 acres and B-1 - 15 acres and MF - 25 .2 acres, this
increases the business area by putting business on both
sides of Spring Creek Parkway. Mayor Hughes opened the
public hearing. Councilman Westerhof wanted to know the
number of units in SF 3 and in MF. There will be
approximately 420 units in MF and approximately 235 units in
Single Family. There being no other questions, the public
hearing was closed.
APPROVE AND SIGN ZONING ORDINANCE FOR 117 .49 ACRES OUT OF
THE NATHANIEL ATTERBERRY SURVEY, COLLIN COUNTY ABSTRACT 6 : •-••
This property is located on South FM 544 , across from the
Lake Ray Hubbard Mobile Home Park. The request for zoning
is for SF3- 78 .5 acres and B-1 8 acres and MF - 32 .2 acres.
The Planning and Zoning Commission recommends SF3 -78 .5
acres and B-1 - 15 acres and MF - 25 .2 acres. Motion was
made by Mayor Pro Tem Spence to approve and sign zoning
ordinance for 117 .49 acres out of the Nathaniel Atterberry
Survey, Collin County Abstract 6 for SF3- 78 .5 acrea and B-1
- 15 acres and MF - 25 .2 acres. Seconded by Councilman
Westerhof. The vote was as follows: Mayor Hughes - in
favor, Mayor Pro Tem Spence - in favor, Councilwoman Dodd -
in favor, Councilman Westerhof - in favor, Councilman
Fulgham - in favor, and Councilwoman Donovan - in favor.
This motion carried with all in favor .
APPROVAL OF ANNEXATION ORDINANCE FOR 9.4 ACRES OUT OF THE I .
CLIFTON SURVEY, ABSTRACT 193 ; THE J. HARDIN SURVEY, ABSTRACT
438 , AND R. D. NEWMAN SURVEY, ABSTRACT 660, ALL OF COLLIN
COUNTY: This property is located on the corner of Hooper
Road and Hensley Road. The required public hearings have
been held and the 20 day waiting period has been satisfied.
Motion was made by Councilman Fulgham to approve and sign
annexation ordinance for 9 .4 acres out of the I . Clifton
Survey, J. Hardin Survey, and the R. D. Newman Survey.
Seconded by Mayor Pro Tem Spence. The vote was as follows:
Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilwoman Dodd - in favor, Councilman Westerhof - in
favor, Councilman Fulgham - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor .
PUBLIC HEARING ON THE ZONING FOR 9 .4 ACRES OUT OF THE I .
CLIFTON SURVEY, ABSTACT 193 , THE J. HARDIN SURVEY, ABSTRACT
438 AND R. D. NEWMAN SURVEY, ABSTRACT 660 ALL OF COLLIN
COUNTY : This property is located on the corner of Hooper
Road and Hensley Road. The request for zoning is for Single
Family 1 , but staff believes it should be zoned for
Townhomes and Multifamily, as a transition area. Mayor
Hughes opened the public hearing, there being no questions
or opposition, the public hearing was closed .
APPROVE AND SIGN ZONING ORDINANCE FOR 9 .4 ACRES OUT OF THE
I . CLIFTON SURVEY, ABSTRACT 193 , J. HARDIN SURVEY, ABSTRACT
438 , AND R. D. NEWMAN SURVEY, ABSTRACT 660 , ALL OF COLLIN
COUNTY: This property is located on the corner of Hooper
Road and Hensley Road. The request for zoning is for Single
Family 1 . Motion was made by Mayor Pro Tem Spence to
approve and sign zoning ordinance for 9 .4 acres for Single
Family 1 zoning. Seconded by Councilman Fulgham. The vote
was as follows : Mayor Hughes - in favor, Mayor Pro Tem
Spence - in faovr, Councilwoman Dodd - in favor, Councilman
Westerhof - in favor, Councilman Fulgham - in favor, and
Councilwoman Donovan - in favor. This motion carried with
- all in favor.
APROVE AND SIGN ANNEXATION ORDINANCE FOR 125 ACRES OUT OF
THE J. MITHCELL SURVEY, COLLIN COUNTY, ABSTRACT 589 : This
property is located on McMillan and McCreary Roads and is
commonly known as Southfork Mobile Home Park. The required
public hearings have been held and the 20 day waiting period
has been satisfied. After some discussion, a motion was
made by Councilwoman Dodd to table this annexation
ordinance. Seconded by Councilwoman Donovan. The vote was
t as follows : Mayor Hughes - against, Mayor Pro Tem Spence -
II'f in favor, Councilwoman Dodd - in favor, Councilman Westerhof
- in favor, Councilman Fulgham - against, and Councilwoman
Donovan - in favor . This motion to table annexation
ordinance carried with four (4 ) in favor and two (2)
against.
PUBLIC HEARING ON THE ZONING OF 125 ACRES OUT OF THE J.
MITCHELL SURVEY, COLLIN COUNTY, ABSTRACT 589 : This property
is located on McMillan and McCreary Roads and is commonly
known as Southfork Mobile Home Park. The request for zoning
is Moible Home. Mayor Hughes opened the public hearing .
Mr. David Stanchek, Attorney, represents Southfork Mobile
Home Park, wanted to point out to the Council that the City
of Wylie did sign a contract on July 23 , 1985 about the
improvements to be made on property and water and sewer, and
that the contract states the City will approve the
annexatoin of this proeprty and grant mobile home zoning .
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This will bring recourse to the City if the Council decides ...,,
not to up hold the contract. Mr. Stanchek stated that the
owner of the mobile home park would be going to the courts
for repayment of damages for water and improvements made per
this contract.
City Manager Gus Pappas said the action of the Council is to
tabel but the action staff suggest is to go ahead and annex
and zone because of the contract.
Mr. Fred Ouellette of Woodhollow St. was not aware of the
moratorium on mobile home parks, and was this after this
park and the park on Vinson Road. City Manager Gus Pappas
said this was done with these two mobile home parks being
included within the city limits. City Manager Gus Pappas
said these parks were being built even if we did not annex
them into the City, by annexing them, the City does have
control over the parks.
Mr . Fred Ouellette of Woodhollow St. said he as a citizen
and homeowner has a concern about the owners of mobile homes
not paying their fair share. The appraisal district does
depreciate the value on the mobile homes. Mr. Ouellette
would like to see a flat rate on mobile home taxes so they
will pay their fair share.
Mr . Harold Holigan, owner of the Southfork Mobile Home Park,
said he was going to build this park, he did not ask for
annexation at first, nor did he ask for water and sewer.
Mr. Holigan had been granted a wastewater treatment plant
permit from the State of Texas and did not need the City of
Wylie. The City called him and he did not call the City.
At this point the contract was made and he went from 900
units to under 700 units in his proposed park. Mr. Holigan
stated he has paid $500 ,000 . in impact fees, plus has put in
the water line from Steel Road to Southfork Mobile Home
Park. Mr . Holigan asked the Council if they were going to
live up to their contract.
There being no other questions, the public hearing was
closed.
APPROVE AND SIGN ZONING ORDINANCE FOR 125 ACRES OUT OF THE
J. MITCHELL SURVEY, COLLIN COUNTY ABSTRACT 589 : This
property is located on McMillan and McCreary Roads and is
commonly known as Southfork Mobile Home Park. The request
for zoning is for mobile home. Moton was made by
Councilwoman Donovan to table the zoning of this 125 acres .
Seconded by Councilwoman Dodd. The vote was as follows :
Mayor Hughes - against, Mayor Pro Tem Spence - in favor,
Councilwoman Dodd - in favor, Councilman Westerhof - in
favor, Councilman Fulgham - against, and Councilwoman
Donovan - in favor. This motion to table carried with four
(4) in favor, and two (2) against.
APPROVAL OF ANNEXATION ORDINANCE FOR 173 .5 ACRES OUT OF THE
0. SHELBY SURVEY, COLLIN COUNTY ABSTRACT 799 : This is all
federal land and is commonly known as Lake Annexation No.
12 . Councilman Fulgham asked for the reason for starting
these annexation be stated . City Manager Gus Pappas said
approximately one and one-half (1 1/2) years ago the Council
became concerned about sub divisions around the lake with no
controls . After numerous examples of this Council moved
forward with annexation procedures in order to have the
basic format of having ETJ areas and could do some
controling of this area. This is for both protection to our
citizens and the citizens close to our border. Lake Lavon
is an asset to the City of Wylie, no other city in the area
is at or close to 5 ,000 population nor do they have sub
division ordinance. After this was established Council gave
the staff instructions to begin annexation of the federal
land and parks. The City has not annexed any private
property or incurred any roads/streets to the Citys care.
The City does give police protection in the parks because
Council felt these parks had been taken away from the
families. The City did accept the obligation of the parks
with the understanding the City would be reimbursed some
$30 ,853 . for this summer . With this money, Council gave
authroization to add two (2) additional policemen to our
force.
Councilwoman Donovan wanted to know if we had one (1) mile
responsiblity. City Manager Gus Pappas said there was no
responsiblity but limited authority with this one mile, no
private land has been annexed in or around the lake.
Councilwoman Donovan asked what the total acreage of these
lake annexation was. City Manager Gus Pappas said a total
of 2 ,179.01 acres for those listed on this agenda.
Councilman Fulgham said as he recalled the Corp. of
Engineers had concern about police protection for their
parks and lake. The Corp. welcomed the patrol and help in
the park area. Councilman Fulgham also stated that the
Dallas Crime Prevention has called and said these people we
are running away from the lake with their parties, are going
back to Dallas .
Motion was made by Councilman Fulgham to approve and sign
annexation ordinance for 173 .5 acres out of the 0. Shelby
Survey, Collin County, Abstract 799 , Lake Annexation No. 12 .
Seconded by Mayor Pro Tem Spence. The vote was as follows :
Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor,
-M, Councilwoman Dodd - against, Councilman Westerhof - against ,
Councilman Fulgham - in favor, and Councilwoman Donovan -
against. This motion has no decision due to a vote of three
(3) in favor and three (3) against the annexation.
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APPROVE AND SIGN ANNEXATION ORDINANCE FOR 23 .0 ACRES OUT OF
THE M. MILLIRON SURVEY, COLLIN COUNTY ABSTRACT 564 : This is
all federal land and lake and is known as Lake Annexation
No. 13 . Motion was made by Councilman Fulgham to approve
and sign annexation ordinance for 23 .0 acres out of the M.
Milliron Survey, Collin County Abstract 564 . Seconded by
Mayor Pro Tem Spence. The vote was as follows: Mayor
Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilwoman Dodd - against, Councilman Westerhof - against,
Councilman Fulgham - in favor, and Councilwoman Donovan -
against. This motion has no decision due to a vote of three
(3) in favor and three (3) against the annexation.
APPROVE AND SIGN ANNEXATION ORDINANCE FOR 44 .34 ACRES OUT OF
THE S. BARROW SURVEY, COLLIN COUNTY ABSTRACT 49 : This is
all federal land and lake and is known as Lake Annexation
No. 14 . Motion was made by Councilman Fulgham to approve
and sign annexation ordinance for 44 .34 acres out of the S.
Barrow Survey, Collin County Abstract No. 49 . Seconded by
Mayor Pro Tem Spence. The vote was as follows : Mayor
Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilwoman Dodd - against, Councilman Westerhof - against,
Councilman Fulgham - in favor, and Councilwoman Donovan -
against. This motion has no decision due to a vote of three
(3) in favor and three (3) against the annexation.
APPROVE AND SIGN ANNEXATION ORDINANCE FOR 446 .95 ACRES OUT
OF THE M. BIRCH SURVEY, COLLIN COUNTY ABSTRACT 115: This is
all federal land and lake and is known as Lake Annexation
No. 15 . Motion was made by Councilman Fulgham to approve
and sign annexation ordinance for 446 .95 acres out of the M.
Birch Survey, Collin County Abstract 115 . Seconded by Mayor
Pro Tem Spence. The vote was as follows : Mayor Hughes - in
favor, Mayor Pro Tem Spence - in favor, Councilwoman Dodd -
against, Councilman Westerhof - against, Councilman Fulgham
- in favor, and Councilwoman Donovan - against. This motion
has no decision due to a vote of three (3) in favor, and
three (3) against the annexation.
APPROVE AND SIGN ANNEXATION ORDINANCE FOR 179 .74 ACRES OUT
OF THE WILLIAM JOHNSON SURVEY, COLLIN COUNTY ABSTRACT 476 :
This is all federal land and lake and is known as Lake
Annexation No. 16 . Motion was made by Councilman Fulgham to
approve and sign annexation ordinance for 179 .74 acres out
of the Willliam Johnson Survey, Collin County Abstract 476 .
Seconded by Mayor Pro Tem Spence. The vote was as follows:
Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilwoman Dodd - against, Councilman Westerhof - against,
Councilman Fulgham - in favor, and Councilwoman Donovan -
against. This motion has no decision due to a vote of three ,..�
(3) in favor, and three (3) against the annexation.
1 a.;
APPROVE AND SIGN ANNEXATION ORDINANCE FOR 97 .65 ACRES OUT OF
THE T. TOBY SURVEY, COLLIN COUNTY ABSTRACT 925 : This is all
federal land and lake and is known as Lake Annexation No.
17 . Motion was made by Councilman Fulgham to approve and
sign annexation ordinance for 97 .65 acres out of the T. Toby
Survey, Collin County Abstract 925 . Seconded by Mayor Pro
Tem Spence. The vote was as follows: Mayor Hughes - in
favor, Mayor Pro Tem Spence - in favor, Councilwoman Dodd -
against, Councilman Westerhof - against, Councilman Fulgham
- in favor, and Councilwoman Donovan - against. This motion
has no decision due to a vote of three (3) in favor , and
three (3) against the annexation.
APPROVE AND SIGN ANNEXATION ORDINANCE FOR 501 .38 ACRES OUT
OF THE ANGLIN DRURY SURVEY, COLLIN COUNTY ABSTRACT 3 : This
is all federal land and lake and is known as Lake Annexation
No. 18 . Motion was made by Councilman Fulgham to approve
and sign annexation ordinance for 501 .38 acres out of the
Anglin Drury Survey, Collin County Abstract 3 . Seconded by
Mayor Pro Tem Spence. The vote was as follows : Mayor
Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilwoman Dodd - against, Councilman Westerhof - against,
Councilman Fulgham - in favor, Councilwoman Donovan -
against. This motion has no decision due to a vote of three
(3) in favor and three (3) against the annexation.
APPROVE AND SIGN ANNEXATION ORDINANCE FOR 705 .45 ACRES OUT
OF THE A. RUSSELL SURVEY, COLLIN COUNTY ABSTRACT 736 : This
is all federal land and lake and is known as Lake Annexation
No. 19 . Motion was made by Councilman Fulgham to approve
and sign annexation ordinance for 705 .45 acres out of the A.
Russell Survey, Collin County Abstract 736 . Seconded by
Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes
- in favor, Mayor Pro Tem Spence - in favor, Councilwoman
Dodd - against, Councilman Westerhof - against, Councilman
Fulgham - in favor, and Councilwoman Donovan - against .
This motion has no decision due to a vote of three (3) in
favor and three (3) against the annexation.
FINAL PUBLIC HEARING ON ANNEXATION OF 2 . 71 ACRES OUT OF THE
FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY, ABSTRACT NO.
688 : This property is located on East Brown Street. Mayor
Hughes opened the public hearing, there being no questions
or opposition, the public hearing was closed.
FINAL PUBLIC HEARING ON ANNEXATION OF 5 .0 ACRES OUT OF THE
WILLIAM SACHSE SURVEY, COLLIN COUNTY ABSTRACT 835 : This
property is located on West FM 544 at Steel Road and FM544 .
Mayor Hughes opened the public hearing, there being no
questions or opposition, the public hearing was closed .
FINAL PUBLIC HEARING ON ANNEXATION OF 23 .49 ACRES OUT OF THE
C. ATTERBURY SURVEY, COLLIN COUNTY ABSTRACT 22 : This
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property is located on the northeast corner of FM3412 and
FM1378, and is commonly known as the Cotton Gin property.
Mayor Hughes opened the public hearing, there being no
questions or opposition, the public hearing was closed .
FINAL PUBLIC HEARING ON THE ANNEXATION OF 2 .0 ACRES OUT OF
THE D. STRICKLAND SURVEY, COLLIN COUNTY ABSTRACT 841 : This
property is located on S . SH78 and is the site of the Wylie
Mobile Homes Sales. Mayor Hughes opened the public hearing,
there being no questions or opposition, the public hearing
was closed .
FINAL PUBLIC HEARING ON THE ANNEXATION OF 43 .36 ACRES OUT OF
THE JAMES MCULMURRY SURVEY, COLLIN COUNTY ABSTRACT 629 :
This property is located on the east side of FM 1378 just
north of the Birmingham Farms. Mayor Hughes opened the
public hearing , there being no questions or opposition, the
public hearing was closed.
FINAL PUBLIC HEARING ON THE ANNEXATION OF 253 .0 ACRES OUT OF
THE ORPHA SHELBY SURVEY, ABSTRACT 799, THE LEROY FARMER
SURVEY, ABSTRACT 334 , THE JOSIAH J. TURNHAM SURVEY, ABSTRACT
919 , COLLIN COUNTY : This property is located east of Seis
Lagos around Lake Lavon, and is commonly knwon as "the
Caruth" property. Mayor Hughes opened the public hearing.
There were some questions as to sewer and water which City
Manager Gus Pappas stated the water would come from Cresent .�
Cove and the sewer would be pumped from lift station to the
main sewer line in Cresent Cove. There being no other
questions, the public hearing was closed .
FINAL PUBLIC HEARING ON THE ANNEXATION OF 2 .09 ACRES OUT OF
THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688 :
This property is located on E. SH78 at the entrance to Lake
Lavon. Mayor Hughes opened the public hearing .
Mr. Fred Ouelette of Woodhollow St. asked if this was the
junk yard and would they have to comply with our junk yard
ordinance. City Manager Gus Pappas said yes, this was the
junk yard and yes they would have to comply with our
ordinance and they received a copy of it along with the
annexation papers. There being no other questions, the
public hearing was closed.
APPROVAL OF AMENDMENT TO ORDINANCE 85-89 , THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF WYLIE: This item is placed
before you at the recommendation of the Planning and Zoning
Commission. The members of the Planning and Zoning
Commission determined that retail plan nursery sales should
be included in B-1 permitted uses by special use permit. It
is their recommendation that the Council consider approval
of this amendment that loses nothing for the City in terms
of control but does allow greater flexability. If the plant
nursery sales are given B-2 zoning and move, then the owner
(II
can bring in some type of business that you would not like
on the highway through Wylie without the Council ' s
knowledge. Motion was made by Mayor Pro Tem Spence to
approve the amendment to Ordinance 85-89 . Seconded by
Councilwoman Donovan. The vote was as follows : Mayor
Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilwoman Dodd - in favor, Councilman Westerhof - in
favor, Councilman Fulgham - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
PUBLIC HEARING ON THE RE-ZONING OF LOTS 1 & 2 , BLOCK 20 OF
RAILROAD ADDITION: This property is located on SH78
formerly known as Billy Jack' s Auto Sales. The request for
re-zoning is for B-2 which will allow a plant nursery with
outside sales. Mayor Hughes 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 LOTS
1 & 2 , BLOCK 20 OF RAILROAD ADDITION: This property is
located on SH78 formerly known as Billy Jack' s Auto Sales.
The request for re-zoning is for B-2 which will allow a
plant nursery with outside sales. The Planning and Zoning
Commission felt that a B2 zoning might open the property, at
some time in the future, for a use that might not be what
Council would like to see along the highway. Planning and
Zoning and staff recommends B-1 with special use permit.
Motion was made by Councilman Fulgham to approve and sign
zoning ordinance for the re-zoning of lots 1 & 2 , Block 20
of Railroad Addition from retail to B-1 with special use
permit. Seconded by Mayor Pro Tem Spence. The vote was as
follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in
favor, Councilwoman Dodd - in favor, Councilman Westerhof -
in favor, Councilman Fulgham - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
CITIZEN PARTICIPATION: James Griffin wanted to know which
lake annexation have been completed . City Manager Gus
Pappas said the completed annexations are Lake Annexation
No. 1 through 11 .
Mrs . Jayne Chapman of 311 Woodhollow Court wanted to commend
the past Council and City officials for what she considers a
very painful job. Mrs . Chapman may not have approved of
what they always did or of what this new Council will do.
Mrs. Chapman said she has heard rumors about this Council
and she would like for this Council to think and consider
carefully every decision you are making . If you are in this
position, how would you feel and want to be treated.
Mr . David Stanchek stated the new Council was sworn in and
stated they would up hold the State laws , yet against the
attorney' s advise you would not amend the Mobile Home Park
Ordinance. Mr . Stanchek said he had been forced to file law
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suits. Mr. Larry Jackson, the City Attorney, has called me
and is trying to talk settlement of these law suits.
Tonight you had an annexation to approve for Southfork which
has a contract and you tabled it. Therefore, we have no
alternative but to file another law suite against the
Council Members and the City. Mr . Stanchek said he was at a
loss of the why he has to go to court.
Kent Crane of 603 Butler Court wanted to know where the
funds come from to pay for these law suits. City Manager
Gus Pappas said it was a nixture of items , legal fees for
City will come from the City operating fund, legal fees for
the Council will come from their own pockets. The law as
stated , says if settlement is ordered from the Courts and
it exceeds the funds we have, then the taxes are raised to
pay for these fees.
Mr. Fred Ouellette of Woodhollow St. said he is confused as
a citizen about the contract with the City and Southfork
Mobile Home Park. Mayor Hughes said the contract was for
water/sewer if they annexed and done away with there
treatment plant which the state has given them a permit for.
City Manager Gus Pappas said teh law allows such a contract
if Council so desires with developers outside the city
limits . Mr. Ouellette wanted to know if the owners of
Southfork knew about the Mobile Home Park Ordinance the City
of Wylie has. City Manager Gus Pappas said yes, they did
know and they agreed to uphold it.
Mr. Rowland Kreymer of 302 N. Second commends the Council
that was here in the past. They do not get any credit for
what they do. Mr. Kreymer appreciates the fact that the
City wants to try and do something with the lake.
Wiley Sorrells of 210 Fourth St. said that he works for
Farmers Electric Co-op and they had a line down at the lake
Monday and while he was there he talked with one of the Corp
of Engineer employees. They told him, since the Wylie
Police had been patroling the parks there has been a lot
less problems except for Collin Park. There have been wrecks
and gang fights in Collin Park several weekends. Mr.
Sorrells said he would like to see the Wylie Police keep
patroling the parks .
Mayor Hughes thanked the people for their participation and
for coming to the meeting.
ACCEPTANCE OF PUBLIC IMPROVEMENTS IN WYNDHAM II : The
engineering staff has made their final inspection and there
are several small items to be completed, one is to paint a
fire hydrant, there is a test break on a section of concrete
street to be done. Staff recommends approval of these
public improvements after these items have been completed .
Motion was made by Councilman Fulgham to approve and accept
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the public improvements in Wyndham II and grant
authorization for the Mayor to sign the final plat after all
the items have been corrected . Seconded by Councilman
Westerhof. The vote was as follows : Mayor Hughes - in
favor, Mayor Pro Tem Spence - abastained, Councilwoman Dodd
- in favor, Councilman Westerhof - in favor, Councilman
Fulgham - in favor, and Councilwoman Donovan - in favor.
This motion carried with five (5) in favor, and one
abstention.
ACCEPTANCE OF TEMPORARY UTILITY EASEMENT IN QUAIL HOLLOW
SUBDIVISION: At the City' s request, a temporary easement
along the western border of the Quail Hollow III & IV tract
from Murry Properties Inc, was granted. This easement was
necessary in order to lay the final section of force main
from Rush Creek I Lift Station. It is our estimation as
well as the developers that when the plat is filed there is
little question that a permanent alley will have to be
platted in this location. Motion was made by Mayor Pro Tem
Spence to accept the temporary utility easement in Quail
Hollow Subdivision. Seconded by Councilwoman Donovan. The
vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem
Spence - in favor, Councilwoman Dodd - in favor, Councilman
Westerhof - in favor, Councilman Fulgham - in favor, and
Councilwoman Donovan - in favor. This motion carried with
all in favor.
ACCEPTANCE OF ROAD EASEMENT AT FM 544 AND HOOPER ROAD: This
easement has been granted to the City for use inthe widening
of FM 544 at a future date. Motion was made by Councilman
Fuglham to accept the road easement at FM 544 and Hooper
Road. Seconded by Mayor Pro Tem Spence. The vote was as
follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in
favor, Councilwoman Dodd - in favor, Councilman Westerhof -
in favor, Councilman Fulgham - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
AUTHORIZATION FOR WESTSIDE FORCE MAIN: The staff has been
working for the last several months to find a solution for
the intermediate need for sewer service to apply in those
circumstances where the lift station district concept
requires some form of stop-gap measure. The staff ' s short
range method has been by tankage and by the use of the
City' s vacuum trailer. This method has worked for some of
the areas in town but the problem remains on how to handle
an intermediate size need such as the rapidly growing
situation of a mobile home park or developement such as the
Pointe West develoment which is far removed from any sewer
service at all . The solution was to find some method of
installing a high quality, compact and reusable pump system
which was available as a package coupled with piping that
could be laid shallow quickley and efficiently and later
pulled up and reused in another location where a similar
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problem occurred. The staff comes to you requesting
permission to allow the Southfork Mobile Home Park people to
install this force main, tying their property to the
existing sanitary sewer. The Southfork people will do this
in lieu of part of their payments that would be normally due
the City from the Lift Station District fees and thereby
solving the problem quickly and at no aditional expense to
the City. It should be noted that the City has already
received from Southfork, $175 ,000 . in Lift Station fees and
this will cost approximately $75 ,000 to install and purchase
materials. You should also know that this does not release
Southfork from installing the permanent gravit sewer line
according to our specifications as soon as we can go
throught the condemnation process and acquire the easements
necessary for them to begin construction on that line.
Motion was made by Councilman Fulgham to approve the
westside force main line. Seconded by Mayor Pro Tem Spence.
The vote was as follows : Mayor Hughes - in favor, Mayor Pro
Tem Spence - in favor, Councilwoman Dodd - in favor,
Councilman Westerhof - in favor, Councilman Fulgham - in
favor, and Councilwoman Dononvan - in favor. This motion
carried with all in favor.
COUNCIL DISCUSSION: Councilman Fulgham stated that the new
Council has not had a chance for a persentation on the
street program and ask City Manager Gus Pappas to go over
this program with them. City Manager Gus Pappas said the
Ctiy of Wylie began a three phase program of which a portion
has been done by Ordinance. The Ordinance stated the City
will repair their streets, for the cost of the materials.
The past Council authorized the purchase of some equipment
in order for this program to begin. The second phase was to
close the door on any streets in new subdivisions being of
any material except concrete, this means no asphalt streets
in new subdivisions. The third phase was existing asphalt
streets, we have some 27 miles of asphalt streets within the
city limits. As the City grows, it will acquire more
asphalt streets. The City has just recently gone through a
reconstruction program with a contractor for Memorial and
Mardi Gras Streets which proved to be very costly. Some of
the staff members were aware of a machine that would do a
good base for these asphalt streets. The problem with the
City' s asphalt streets is the base not the toping. The
program is designed to minimize cost. The Council votes on
another ordinance which set a cost per square feet for these
streets to be done by City employees.
Councilman Fulgham also asked City Manager Gus Pappas to
give an overview of the Impact Fees since the Wylie News and
the candidates have used this against the Ctiy. City
Manager Gus Pappas stated that the impact fee was set up to
help the citizens of Wylie. If the builders pay for the
impact on the water and sewer system through this impact
fee, then the citizens do not have to. If there was no
impact fee, then there would be bond issues and higher water
and sewer rates to cover the cost of providing for the
growth of the City.
Councilman Fulgham said the reason council did this was to
keep from raising costs to the citizens for improvements
that only new citizens would benefit from.
Councilman Westerhof asked about the drainage on the west
side of Stone Road. City Manager Gus Pappas said it could
be corrected, but there is a lot of expense involved. This
property has been looked at by every Council in Wylie and
has been discussed around the table a number of time. It
all goes back to the cost involved.
City Manager Gus Pappas would like to have a work shop with
the Council and discuss what is going on and what their
goals and ideals for the City are. Since the new Council ,
noe of you have come in to see me or talked with me about
your goals or ideals. Mr . Pappas said he would welcome the
time and opportunity to work with the Council in a work
session.
Mayor Hughes said he had tried to have a work session, but
the date was apparently not a good one.
PRESENTATION BY FORMER MAYOR JOHN W. AKIN: Mayor Akin said
he has requested to speak to the Council in regards to the
new City Hall Complex. He felt he was speaking for the
building committee and for the past Council members Percy
Simmons and Randall Gaston and for Planning and Zoning
Commission and the Park Board. All the former council
members and myself thought we had crossed all the roads and
was at the end of the road and the new city hall was in the
making. Mayor Akin said he was in hopes of dedicating this
building in the centennial year of the City of Wylie. The
buidling committee decided to give a turn key bid to Speed
Fab-Crete but the attorney said this was not on the original
bid and we would need to re-bid several items .
It has been an embarrassment to the City for people to see
our City Hall . Citizens couldn' t get into the Council
Chambers for our meetings .
Mayor Akin said he tried to keep the city hall in the
downtown area, but he could not do this. The Crawfords have
given us seven (7) acres which is worth about $500 ,000 .
Mayor Akin feels like there will be a school in this area,
and he is asking for this present Council to move forward
with the plans for the new City Hall Complex on this seven
(7) acres.
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Mayor Akin thanked the Council for this time and for
listening to him.
AUTHORIZATION TO GO OUT FOR BIDS FOR SITE AND SOIL
PREPARATION, JAIL EQUIPMENT AND PAVING FOR MUNICIPAL
COMPLEX: This item was tabled at the last meeting. The
attorney has advised that it is necessary that the parking
lot and jail equipemnt go through the formal bid process .
Motion was made by Councilman Fulgham to grant authorization
to go out for bids for site and soil preparation, jail
equipment and paving for Municipal Complex . Seconded by
Mayor Pro Tem Spence. The vote was as follows : Mayor
Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilwoman Dodd - against, Councilman Westerhof - against,
Councilman Fulgham -in favor, and Councilwoman Donovan -
against. This motion has no decision due to three (3) in
favor and three (3 ) against.
Mayor John Akin come forward and stated that the past City
Council, Planning and Zoning Commission and the Park Board
and 600 citizens endorsed this new complex . Are we for the
citizens or private people. We just asked for two more law
suites. This whole thing disgust me.
Councilman Westerhof said the majority here is in favor of
the complex . Everyone that has contacted him does not want --�
the complex put in the location of Highway 78 . Councilman
Westerhof said he keeps saying no because people have
mentioned the dislike of the location to him. Most of the
people want this on a ballot. Councilman Westerhof wants to
see this on a ballot .
Mayor Hughes said when we first started this there were more
people for it than against. The place that has been given
to us is an ideal place with all the thoroughfares that are
going through.
Councilwoman Donovan said she is in agreement with
Councilman Westerhof. That on knocking on doors the people
did not want the City Hall, she got her questions and ads
for the paper from the people. The people do not want the
location nor do they want new facilities.
Councilman Fulgham said he has talked to several hundred
people in favor of a new complex and location and only five
or six say that they do not want the new complex .
Baron Cook said he was involved with the Crawfords and they
contracted out for a survey to have the City complex put on
this land on the Highway. This survey showed the people
were in favor of this, and he has the results if any of the
Council would like to see them. Mr. Cook said it seems
like these people would have come forward at some of these
meetings. They did not show up.
13
Councilwoman Donovan said the citizens thought this was iron
clad and could not be stopped .
Mayor Hughes said he flet the majority of the people are for
this new City Hall. If the Council kills this they are
looking for two more law suits.
Councilman Westerhof said he would personally like to see
this on an election, and if the majority of the votes come
in for this then we go ahead.
Mayor Hughes called for a recess for the public and for
Council to convene into executive session under the
authority of Article 6252-17 of V.A.C.S. section 2 ,
paragraph "g" personnel matters .
Mayor Hughes reconvened the meeting back into open session,
stating that there was no decision to be made from the
executive session.
Mayor Hughes said he was elected to serve the citizens of
Wylie but because of this new Council, he must resign as
your Mayor.
Councilman Fulgham also resigned for the same reason.
Meeting was adjourned.
10:4010:=1 :37iiiviaNk _
SEAL Do u s, Mayor
ATTEST: f%
Carol on s y ecretary