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06-10-1986 (City Council) Minutes 159 CITY COUNCIL MEETING MINUTES JUNE 10, 1986 7 :00 P. M. The Wylie City Council met in regular session on Tuesday, June 10 , 1986 at 7 :00 P . M. in the Community Room. 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 Spence, Council members Calvin Westerhof , Lowell Brewster, and Joe Fulgham, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Code Enforcement Officer Roy Faires , Elayne Mayes of the Wylie News , Mr. John Morgan candidate in the August 9th Council election. Councilwoman Donovan was absent. Mayor Hughes called the meeting to order and Councilman Westerhof gave the invocation. APPROVAL OF MINUTES: There being no additions or corrections to the minutes May 20th, May 22nd, and May 27th, Mayor Pro Tem Spence made a motion 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 Brewster - in favor, and Councilman Fulgham - in favor . This motion carried with all in favor. RATIFICATION OF "CHAIN OF COMMAND" LETTER FROM CITY MANAGER: City Manager Gus Pappas said this letter is provided for by the City Charter, Article IV, Section 1, Paragraph D. This letter supersedes the letter now on file due to the changes in supervisory personnel we have had recently. The following are designated to perform the duties of the City Manager in case of his absence or disability: First James Johnson, Director of Finance If not available then, Second Royce Abbott, Chief of Police If not available then, Third Carolyn Jones, City Secretary If not available then, Fourth Roy Faires, Code Enforcement Officer 160 Motion was made by Councilman Fulgham to approve "Chain of Command" letter as listed above. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor. SECOND PUBLIC HEARING ON ANNEXATION OF 2 .52 ACRES OUT OF THE J. D. SHELBY SURVEY, COLLIN COUNTY ABSTRACT 819 : This property is located on east FM 544 at 1825 E. FM 544 and is the property belonging to Spence Construction. Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed. SECOND PUBLIC HEARING ON ANNEXATION OF 19 .42 ACRES OUT OF THE L. K. PEGUES SURVEY, COLLIN COUNTY ABSTRACT 703 : This property is located on the east side of Hooper Rd. , south of W. FM 544 . The owner of this property is Riley Housewright. Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed. FIRST PUBLIC HEARING ON THE ANNEXATION OF 10 .4996 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688 : This annexation is for lots 1 - 5 of Wylie Ranch East Addition, fronting on E. SH78 . Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed. PUBLIC HEARING ON THE REQUEST FOR ZONING OF 45.763 ACRES OUT OF THE M. SPARKS SURVEY, COLLIN COUNTY ABSTRACT 849: This property is located on the extension of McCreary Road and directly south of Southfork Mobile Home Park. The request for zoning is for Multi-family, Retail, Business -1 . The petitioner is asking for 32 .1 acres MF, 4 .4 acres R. , and 6 .6 B-1 . Planning and Zoning Commission recommends by unanimous vote to take 4 .5 acres out of the MF and put it in Retail. Which would be 27 .6 acres MF,, 8 .9 acres Retail , and 6 .6 acres B-1 . Mayor Hughes opened the public hearing. Mr. Bud Wiser said the petitioner is going to put in the concrete road and has asked the County to help in this so that the road will go through to FM544 and cross the railroad tracks. There being no questions or opposition, the public hearing was closed. APPROVE AND SIGN ZONING ORDINANCE FOR 45 .763 ACRES OUT OF THE M. SPARKS SURVEY, COLLIN COUNTY ABSTRACT 849 : This property is located on the extension of McCreary Road and directly South of Southfork Mobile Home Park. The recommended zoning from Planning and Zoning Commission is for 27 .6 acres MF, 8 .9 acres Retail , and 6 .6 acres B-1 . ..� Motion was made by Councilman Fulgham to approve and sign zoning ordinance for 45 .763 acres out of the M. Sparks Survey, Collin County, with zoning of 27 .6 acres MF, 8 .9 acres Retail , and 6 .6 acres B-1 . Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor. PUBLIC HEARING ON THE RE-ZONING OF 10 .5386 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688 : This property is located on E. Brown St. and W. A. Allen Blvd. and is a part of East Ridge Subdivision. The property owner is requesting the re-zoning of 2F lots to be zoned SF 3 . City Manager Gus Pappas said he has talked with Mayor Pro Tem Spence and he no longer has a conflict of interest . Mayor Pro Tem Spence has finished all his work and has been paid. Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR 10 .5386 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688 : This property is located on E. Brown St . and W. A. Allen Blvd. and is a part of East Ridge Subdivision. The re-zoning calls for 2F lots to be zoned SF-3 . Motion was made by Councilman Fulgham to approve and sign zoning ordinance for 10 .5386 acres out of the Francisco de la Pina Survey, Abstract 688 for Single Family 3 zoning . Seconded by Councilman Brewster. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor , Councilman Brewster - in favor , and Councilman Fulgham - in favor. This motion carried with all in favor. PUBLIC HEARING ON THE RE-ZONING OF LOTS 1-16, BLK. J; LOTS 1-8, BLK. M AND LOTS 9-16, BLK. H; LOTS 1-11 BLK. L; LOTS 27-57 , BLK. E AND LOTS 1-6 , BLK. K OF POINTE NORTH SUBDIVISION: This subdivision is located on West Brown St. (FM3412) . These lots were zoned for 2F and SF 1 (under the old ordinance SF 1) , with the rezoning, there will be slightly larger lots, and lower density. A replatting will not be necessary on this plat because there is no center lot line shown. The Planning and Zoning Commission heard this petition and voted unanimously to recommend approval. Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed. APPROVE AND SIGN ZONING ORDINANCE FOR RE-ZONING OF THE ABOVE MENTIONED LOTS IN POINTE NORTH: This subdivision is located on West Brown St. The request for zoning is for SF-2 and SF-3 . Motion was made by Mayor Pro Tem Spence to approve and sign zoning ordinance for Single Family-3 Lots 1-11 , Blk. L, Lots 27-57 Blk. E and Lots 1-6 , Blk. K and Single Family - 2 for Lots 1-16, Blk. J, Lots 1-8 , Blk. M, and Lots 9-16 Blk. H all in Pointe North Subdivision. Seconded by 162 Councilman Fulgham. The vote was as follows: Mayor Hughes —* - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - abstained, Councilman Brewster - in favor, and Councilman Fulgham - in favor. This motion carried with four in favor and one abstention due to conflict of interest. APPROVAL ORDINANCE AUTHORIZING ISSUANCE OF $160,000 . CITY OF WYLIE WATER WORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1986: This ordinance is the official approval for the issuance of the previously authorized $160 ,000 issue. The issuance of the bonds require your formal approval . Motion was made by Councilman Brewster to approve ordinance authorizing issuance of $160,000 , City of Wylie Water Works and Sewer System Revenue Bonds, Series 1986. Seconded by Councilman Fulgham. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor. APPROVAL OF RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A "PAYING AGENT/REGISTRAR AGREEMENT" IN RELATION TO THE ISSUANCE OF $160 ,000 . REVENUE BONDS : This is a formality associated with the mechanics of the repayment agreement which must be done along with the ordinance authorizing issuance of water/sewer revenue bonds. The First State Bank of Wylie has offered to buy these bonds. Motion was made by Councilman Westerhof to approve resolution approving and authorizing MBank, N.A. Dallas, Texas as paying agent and purchaser as First State Bank of Wylie, Texas . Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor . CITIZENS PARTICIPATION: None PRESENTATION BY REPRESENTATIVE OF LOUIS REESE CO. : Mr. Robert Hawkins, Vice Present of Louis Reese Co. , came before the Council asking for help in settling the boundary agreement with Sachse. Mr . Hawkins said that the Louis Reese Co. did not want to be a part of Sachse and has always stated that they want to be in Wylie. Their land has had all the public hearings for annexation and zoning, but because of the TRO with Sachse, the ordinances cannot be signed. Mr. Hawkins said he has been talking with the City Attorney, Larry Jackson, as well as the attorney for Sachse in trying to get this boundary settled. The Louis Reese Co. wanted to move on this land and begin development. City Manager Gus Pappas said that Wylie has ordinance which have been filed with the County, indicating that our City Limits went passed Hooper Road at one time. The City of ood. Sachse came to Wylie and asked them to back up to Hooper Road. Sachse has ordinances which have not been filed with County, but they also do not close. Each ordinance when speaking of boundaries, must have a place of beginning and end at that place. One of Sachse' s ordinance was doubled spaced when typed, but later added between the lines another section to the ordinance. City Manager Gus Pappas said he has talked with Larry Jackson, City Attorney stated the attorney has said there is no law of statue of limitations. Mr. Jackson said the first thing the courts will ask for is a map. The City of Wylie has given Mr. Jackson a map of all boundary lines, with dates and ordinance numbers on it. The City of Sachse does not have a map, but has just recently made one up. Mr. Jackson said the map Sachse has brought to him is incomplete, but he is ready to go with it. City Manager Gus Pappas said he has asked Mr . Jackson to proceed with a court date with Sachse. Mayor Hughes said the ex-Mayor and other former Mayors have stated that Hooper Road would be the boundary line between Sachse and Wylie. Mr. Hawkins stated once again that the Louis Reese Company wants to be in Wylie and is ready to develop this land. APPROVAL OF REPLAT OF EAST RIDGE ADDITION ON 10 .5386 ACRES: The replat of East Ridge reflects the re-zoning of 10 .5386 acres from 2F to Single Family 3 . City Manager Gus Pappas said he has talked with Mayor Pro Tem Spence and he no longer has a conflict of interest. Mr . Spence has complete his work and has been paid. Motion was made by Councilman Fulgham to approve the replat of East Ridge Addition on 10 .5386 acres reflects the re-zoning . Seconded by Councilman Westerhof. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor . APPROVAL OF PRELIMINARY PLAT FOR BIRMINGHAM FARMS, PHASE I : This property is located on West Brown and FM 1378 . The Planning and Zoning Commission has reviewed this plat and recommend approval , but would like to Council to consider the omission of alleys where they are contiguous with the greenbelt area. Their feeling is that this would create a situation similar to what has occurred in other areas where alleys were next to a park, residents tended to park boats, campers, etc in the park area and even to dump trash, grass clippings and such in the park. The staff would like to comment that while this is true, it is an enforcement problem and the omission of alleys on these SF3 lots would create two twelve hundred foot blocks with front entry garages. Staff would also like for Council to note that the 164 approval of this plat will set a pattern for a strip park some 150 ft. wide and several miles long along the existing T. P. & L. easement through that portion of the City. Several Councilmen has concern about leaving the alleys and having them become trash dumps. City Manager Gus Pappas said that there could be barriers along the park side of the alley. Also, the developer is going to shape and seed the park, and put in a jogging path. Motion was made by Mayor Pro Tem Spence to approve the preliminary plat for Birmingham Farms. Seconded by Councilman Westerhof. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof -in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor. APPROVAL OF PRELIMINARY PLAT FOR DOVE MEADOW ADDITION: The engineering staff has reviewed this plat and recommends approval . The Planning and Zoning Commission reviewed this plat and also recommends approval by unanimous vote. City Manager Gus Pappas said the developer has abided by the request of Wylie Ranch East, and has not put a through road into the Wylie Ranch East Subdivision. Motion was made by Councilman Westerhof to approve the preliminary plat for Dove Meadow. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor. ACCEPTANCE OF 1.692 ACRES OUT OF THE JAMES MCULMURRY SURVEY, COLLIN COUNTY ABSTRACT 629: This property is located on FM 1378 and is a part of Cresent Cove. The developer of this subdivision is donating this land to be used for a water storage facility for the area. This action will put into motion the establishment of our northern most water pumping and tank site for the eventual looping of the City' s system. Staff recommends acceptance of this 1.692 acres . Motion was made by Councilman Fulgham to accept the 1.692 acres out of the James McUlmurry Survey. Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor . ACCEPTANCE OF DRAINAGE EASEMENT FROM RUSTIC OAKS IV TO CITY OF WYLIE: This is a standard item associated with the development of that portion of land which was not accomplished during the regular platting procedure because the property is not subdivided but is rather a large single owner apartment development. Motion was made by Councilman Fulgham to accept the drainage easement from Rustic Oaks IV. Seconded by Councilman Brewster. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor . APPROVAL OF CARNIVAL LICENSE: This license is requested by the Wylie Chamber of Commerce for Jimmy Reed Funfair Shows to be shown during the July Jubilee celebration in Wylie. Our ordinances require that specific action in order to protect the community from transient unregulated carnival activity. Mr. James Butts of the Chamber of Commerce said the carnival will be set up on the High School parking lot. That the hours of operation will be 6 P.M. to 11 P. M. week days and 1 P.M. to midnight on weekends provided the Council agrees. Motion was made by Mayor Pro Tem Spence to approve the license for the Jimmy Reed Funfair Show with operating hours from 6 : 00 P. M. until 11 :00 P. M. on week days and 1: 00 P. M. until Midnight on week ends. Seconded by Councilman Brewster. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor , Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor. APPROVAL OF "LETTER OF AGREEMENT" WITH ROLAND FOERSTER FOR PLAT REVIEW SERVICES: This letter agreement is a response to requests from Council members to remove Mr. Santry from this process and allow him to devote his full efforts to water and sewer development. This should be considered a temporary solution since the City staff has already advertised for applications for the position of City Engineer. You should be aware that this service is costly. The charges for Mr. Foerster' s services are as follows : Engineer at $45.00 per hour Technician/Drafter (if required) at $25 .00 per hour Clerical at $15 .00 per hour This agreement does not have a retainer fee and unless he reviews plats, there will be not fees due. Motion was made by Councilman Westerhof to approve the letter of agreement with Mr. Rowland Foerster. Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor . AWARD OF BID FOR INSTALLATION OF A SEWER SERVICE LINE AT NTMWD: Three bids were received for the installation of the sewer service line at North Texas Municipal Water District. The following are the bids : AAA Septic Tank Service $22 ,230 .00 166 Flowers Brothers Equipment Construction $19 ,112 .53 E. M. Hicks Utility Contractors, Inc. $27 ,085.44 Staff recommends approval of the bid to Flowers Brothers in the amount of $19 ,112 .53 . Mayor Hughes wanted to know if NTMWD approved the contractors. City Manager Gus Pappas said it was his understanding that NTMWD wanted to approve the plans and have an outside contractor do the job. Motion was made by Mayor Pro Tem Spence to award the sewer service line at NTMWD to Flowers Brothers in the amount of $19,112.53 . Seconded by Councilman Westerhof. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor , Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor. This motion carried with all in favor . APPROVAL TO CONDUCT CANDIDATES BRIEFING FOR THE AUGUST 9, 1986 ELECTION: This briefing will be held for the candidates who are running for Place One on the Council . Motion was made by Mayor Pro Tem Spence to grant approve to City Manager to conduct the candidates briefing . Seconded by Councilman Westerhof. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilman Fulgham - in favor . This motion carried with all in favor . AUTHORIZATION OF FACTS BROCHURE FOR MUNICIPAL BOND ELECTION: The staff has prepared a brochure to be mailed to all the registered voters in the City attempting to answer some of the most asked questions concerning the municipal building . With your approval , we will have these printed and distributed within a week to ten days. Motion was made by Mayor Pro Tem Spence to approve the facts brochure. Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor , and Councilman Fulgham - in favor. This motion carried with all in favor. COUNCIL DISCUSSION: Mayor Pro Tem Spence said that Hilltop needed to have some patching done. City Manager Gus Pappas said the crew would be patching this week, he would put this on their list. Councilman Brewster wanted to know the status of Birmingham Street program. City Manager Gus Pappas said he had all the information, just needed to calculate the cost per individual property owners . Councilman Brewster wanted to know if the staff could go ahead and send out the letters for the next street. City Manager Gus Pappas said he would have to see how many of these property owners are willing to participate and how much money will be left after Birmingham Street project. Councilman Fulgham said in talking about the $160,000 . bonds, can some of this money be used to monitor infiltration of storm waters into the system. City Manager Gus Pappas said we are on a program now trying to take care of some of this. Most of this is coming through manholes and the crews are replacing these manhole covers with sealed lids. City Manager Gus Pappas said this afternoon water was turned on at Steele tank site and there is 72 pounds of pressure at the pump and at Southfork Mobile Home Park. There being no other business, Mayor Hughes called for a motion to adjourn. Motion was made by Mayor Pro Tem Spence to adjourn, with all in favor . �uOIc111Iryh,„i�ii —� f WW > CO) ("Z/7 .- 41 Don ughes, Mayor SEAL ATTEST: 141 1E, 1E P�`°\��. limit 11i11Hoo Caro y nes, ty Secretary