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
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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 .
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