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07-22-1986 (City Council) Minutes 192 CITY COUNCIL MEETING MINUTES �+ JULY 22, 1986 7 :00 P. M. The Wylie City Council met in regular session on Tuesday, July 22 , 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 Mayor Don Hughes, Councilmembers Joe Fulgham, Lowell Brewster, Calvin Westerhof and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Engineering Department I . W. Santry, and Ron Homeyer, news media representatives from the Wylie News , McKinney Courier Daily News, and the Dallas Times Herald. Mayor Hughes called the meeting to order and Councilman Westerhof gave the invocation. Mayor Don Hughes said that some months ago he resigned from the Council , but citizens came to him and requested that he resend his resignation. Mayor Hughes said he has tried, but things are getting to where it bothers him and he just cannot handle it. I must back off. Mayor Hughes thanked everyone for their support and for Gus Pappas for all the help he has given to the City. Mayor Hughes said at this time the news papers are fighting the City and making phones calls to the Texas State Health Department instead of calling the City and working with the City. North Texas Municipal Water District is fighting the City. I am tired of the City being run down and I cannot stop it. I am sorry I do not have the strength to tell the people to stop and help the City. The City would be a much better place to live if people would work together and not against us. I , Don Hughes, resign from the City Council of Wylie as Mayor effective July 22 , 1986 . City Manager said with no one in the position of Mayor or Mayor Pro Tem, this would allow an emergency item to be added to the agenda for electing a Mayor Pro Tem. City Manager Gus Pappas then ask the City Secretary to act as presiding officer of the meeting until a Mayor Pro Tem could be elected . Councilman Brewster wanted to know if the council could ask for a short recess and discuss what has just happened. City Secretary recessed the meeting. NOIMMIR City Secretary called the meeting back to order and asked for nominations for Mayor Pro Tem. Councilman Westerhof nominated Councilman Fulgham for Mayor Pro Tem. Councilman Brewster seconded the nomination. The vote was as follows : Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor . APPROVAL OF MINUTES FROM JUNE 24TH AND JULY 8TH MEETINGS : There being no corrections or additions to the minutes a motion was made by Councilman Brewster to approve the minutes for June 24th and July 8th as submitted . Seconded by Councilwoman Donovan. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVE ANNEXATION ORDINANCE FOR 10 .4996 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY, ABSTRACT 688 : This property is located on E. SH78 and in front of Wylie Ranch East. The public hearings requirements have been satisfied as well as the twenty (20) day waiting period. Motion was made by Councilman Westerhof to approve and sign annexation ordinance for 10 .4996 acres out of the Francisco de la Pina Survey. Seconded by Councilman Brewster. The vote was as follows : Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. PUBLIC HEARING ON THE ZONING OF 10 .4996 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688 : This property is located on E SH 78 and in front of Wylie Ranch East. The zoning request is for Business One (B-1) . The Planning and Zoning Commission heard this petition and recommend approval of the B1 zoning by a vote of 5-1 . City Staff recommends approval of B-1 zoning . Mayor Pro Tem Fulgham opened the public hearing, there being no questions or opposition, the public hearing was closed . APPROVE AND SIGN ZONING ORDINANCE FOR 10 .4996 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688: This property is located on E. SH 78 and in front of Wylie Ranch East. There being no questions from the Council , Councilman Brewster made a motion to approve and sign zoning ordinance for 10 .4996 acres out of the Francisco de la Pina Survey for Business One zoning . Seconded by Councilman Westerhof . The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . PUBLIC HEARING ON THE RE-ZONING OF 8 .7877 ACRES OUT OF THE ALLEN ATTERBERRY SURVEY, COLLIN COUNTY ABSTRACT 23 : This property is located at Stone Road, S. Birmingham St. and S. Ballard Street and is commonly known as "The Meadows" . This property was zoned 2F (duplex) and the owner is requesting 194 Planned Development zoning. Mayor Pro Tem Fulgham opened the public hearing. City Manager Gus Pappas said the public hearing is appropriate but the next item on the agenda needs to be approve concept plan not zoning ordinance. The concept plan is approved and then it will come back to council for the development plans to be approved. This was originally developed as duplex area, the developer has had trouble finding a market for duplexes and is requesting a planned development with zero lot line homes. Our City does not have this type zoning for zero lot line homes. The Planning and Zoning Commission worked on this for some time and has come up with the following stipulations to go with this planned development zoning. 1. The builder would meet a 10 ft. minimum requirement between housing units . 2 . Minimum 1200 sq. ft. living area 3 . Houses not attached, built with one wall on lot line 4 . Builder required to fence each property with 6 ft. wood fence prior to receiving a certificate of occupancy. 5 . Builder meets building codes for SF3 housing 6 . No windows or doors on the zero lot line side of the dwelling 7 . Builder required to clearly display sign, at all time, stating these are zero lot line houses. 8 . Each house have rear entry, two car garage 9 . Builder required to install guttering on the zero lot line side of each house 10 . Builder required to landscape Meadow Court with a 2 inch caliber Live Oak Tree and sod. City Manager Gus Pappas said the Planning and Zoning Commission has requested only one island be landscaped, but there is two island and staff recommends both of these be landscaped. Councilman Brewster wanted to know if these would be single story. City Manager Gus Pappas said they need not be, there is no stipulation on this and the homes can be 36 ft. in height according to the zoning ordinance. Cecilia Woods wanted to know what kind of traffic problems this would bring to the area. Mayor Pro Tem Fulgham said that any improvements would bring traffic problems and the �-®- City and Council would have to deal with them as they appear. City Manager Gus Pappas said the plans are to curve Birmingham Street back into the school entrance and this would do away with the pointed intersection. There being no other questions or opposition, Mayor Pro Tem Fulgham closed the public hearing . APPROVE CONCEPT PLANS FOR PLANNED DEVELOPMENT FOR "THE MEADOWS: This property is located between Stone Road, S. Birmingham Street and S. Ballard Street. Motion was made by Councilman Westerhof to approve the concept plans with the above 10 stipulations plus the addition of the landscaping of the other area. Seconded by Councilman Brewster. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. PUBLIC HEARING ON THE RE-ZONING OF 0 .3241 ACRES OUT OF THE E. C. DAVIDSON SURVEY, COLLIN COUNTY ABSTRACT 267 : This property is located on the NE corner of SH78 and Kirby Streets and is commonly known as Roadside Station. City Manager Gus Pappas stated this property is currently zoned Retail, but the owner is requesting Business One (B-1) . This property has been grandfathered, but want to expand with a new building, in order to do this, they need to be re-zoned to Business One. Mayor Pro Tem Fulgham opened the public hearing. The Planning and Zoning Commission heard this petition and recommends approve by a vote of 5-1 . City Manager Gus Pappas said the only problem staff had with this was the easement needed for future expansion of Kirby Street . The owner has granted this easement . There being no other questions or opposition, the public hearing was closed. APPROVE ZONING ORDINANCE FOR 0 .3241 ACRES OUT OF THE E. C. DAVIDSON SURVEY, COLLIN COUNTY: This property is located on the NE corner of SH78 and Kirby Street, and is commonly known as Roadside Station. The request for re-zoning is for Business One. Motion was made by Councilwoman Donovan to approve and sign the ordinance for re-zoning of 0.3241 acres. Seconded by Councilman Brewster. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AMENDMENT TO THE SUBDIVISION ORDINANCE BY ADDING A PARAGRAPH 6 .02B (4) AND CHANGING THE PERCENT OF LIME IN PARAGRAPHS 6 .02B (1) , (2) AND (3) : This amendment is prepared and 196 presented by the City Engineer and has been reviewed by the Development Inspector and the Supervisor of Streets & --• Drainage. This amendment is to obtain better control over the lime stabilizing construction for City streets and alleys. Mr. I . W. Santry stated that the problem was with the percent of lime stabilization being used and the streets are not coming up to standards. Councilman Westerhof wanted to know if by increasing the lime, do we still have to wait three (3) days before pouring. Mr. Santry said yes, the three days is for curing time. Motion was made by Mayor Pro Tem Fulgham to approve the amendment to the Subdivision Ordinance as stated in the ordinance. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. CITIZEN PARTICIPATION: Mayor Pro Tem Fulgham pulled with item from the agenda. APPROVAL OF A RESOLUTION OF AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF WYLIE: This agreement is for the blanket coverage of various projects covering the installation, construction, existance, use, operation and maintenance of certain highway traffic signals/illumination in the City of Wylie. Mr. I . W. Santry stated the Highway Department is looking into helping the City to widen Ballard Street and Hwy. 78 for turn lanes. This will be done and maintained by the Highway Department. Motion was made by Councilman Brewster to approve the resolution of agreement between the State of Texas and the City of Wylie. Seconded by Councilman Westerhof . The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilwoman Donovan - in favor. This motion carred with all in favor. APPROVAL OF CONTRACT WITH TALEM, INC. FOR MONITORING SERVICES FOR INDUSTRIAL DISCHARGE: Motion was made by Councilman Brewster to table this item. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. APPROVE AUDIT SERVICES ENGAGEMENT LETTER WITH DOLL, KARAHAL & CO. PC, CPA' S: This is the auditing firm that has done our work for the past several years. This letter is an agreement for engagement of services that is routinely sent to us each year. Motion was made by Councilman Westerhof to approve and sign letter for audit services engagement with 1.! Doll, Karahal , & Co. PC, CPA' s. Seconded by Councilman Brewster. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. ACCEPTANCE OF DRAINAGE EASEMENT FROM JICK & NAOMI DRAIN: This easement is needed for storm water discharge from Pointe West Addition, and will be a fifteen (15) foot drainage ditch. Motion was made by Councilwoman Donovan to accept the drainage easement from Jick & Naomi Drain. Seconded by Mayor Pro Tem Fulgham. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - abstained, Councilman Brewster - abstained, and Councilwoman Donovan - in favor. This motion with two votes in favor and two abstentions has no action taken at this time. Due to the fact of only four members on the council , the staff will contact the city attorney for an opinion. APPROVAL OF NAME CHANGE REQUEST FOR STREETS WITHIN SOUTHFORK MOBILE HOME PARK: This item has been requested by the owners to be tabled. Motion was made by Mayor Pro Tem Fulgham to table. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, and Councilwoman Donovan - in favor. This motion """ ` carried with all in favor to table. Mayor Pro Tem Fulgham pulled the remaining items on the agenda and called for a motion to adjourn. Motion was made by Councilwoman Donovan to adjourn, seconded by Councilman Brewster. All were in favor . Y4.4 OF *k oe Fu gha , ayor Pro Tem SEAL ATTEST: t N if- c3 4, ,kt/ inn n*TA Carolyn J il=12 r 'fty Secretary