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
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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
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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 .
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Don ughes, Mayor
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Caro y nes, ty Secretary