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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 98 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. 99 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 too 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 . 102 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. l04 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 1.06 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 108 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 J 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 110 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. 112 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