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11-11-1986 (City Council) Minutes 39 CITY COUNCIL MEETING MINUTES NOVEMBER 11 , 1986 7 :45 P. M. The Wylie City Council met in regular session on Tuesday, November 11, 1986 at 7 :00 P. M. in the Wylie 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 Pro Tem Joe Fulgham, Council Members Chuck Trimble, Sandra Donovan, City Manager Gus Pappas , City Secretary Carolyn Jones, Finance Director James Johnson, Acting Public Works Director Kenneth Moelling, and approximately 40 citizens. Mayor Pro Tem Fulgham made a statement to the citizens that there was not a quorum and we were giving Mr . Westerhof a little more time. After some 30 to 35 minutes, Mayor Pro Tem Fulgham called Mr. Don Hughes to come to the meeting in order to have a quorum. Mr . Hughes arrived and requested Mayor Pro Tem Fulgham keep the chair for the meeting and he would take a seat at the council table. Mayor Fulgham called the meeting to order and gave the invocation at approximately 7 :45 P. M. APPROVAL OF MINUTES: Motion was made by Councilman Trimble to approve the minutes for October 28 , 1986 as submitted. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor , Councilwoman Donovan - in favor , and Councilman Hughes - in favor (prior to Mr . Hughes voting , he asked for some time to review the minutes) . This motion carried with all in favor. REAPPOINTMENT OF DR. TOM JONES AS HEALTH OFFICER FOR THE CITY OF WYLIE: Dr. Jones has served as the City' s Health Officer for the past year . Motion was made by Mayor Pro Tem Fulgham to reappoint Dr. Jones as Health Officer for the City of Wylie. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in favor, Councilwoman Donovan - in favor , and Councilman Hughes - in favor. This motion carried with all in favor. ADMINISTER OATH OF OFFICE TO DR. TOM JONES AS HEALTH OFFICER FOR THE CITY OF WYLIE: City Secretary Carolyn Jones gave the oath of office to Dr . Tom Jones. PUBLIC HEARING ON THE ANNEXATION OF 620 .028 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688 : This property is located north of E. SH78 between E. SH78 and Lake Lavon. This annexation has been initiated by the City and the letters have been sent to all property owners. 40 This area of land will firm up the boundary line for the City of Wylie up to Lake Lavon. The Planning and Zoning Commission recommends this property for annexation to the Council . Mayor Pro Tem Fulgham opened the public hearing, there being no questions or opposition, the public hearing was closed. PUBLIC HEARING ON THE ANNEXATION OF 279 .0574 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688: This property is located along and south of E. Brown Street (Old SH78) and is owned by Jimmy Kreymer, Bill Kreymer, Carol Kreymer and Archie Kreymer. This annexation has been initiated by the City and the letters have been sent to all property owners. All of the above property owners have signed voluntary annexation petitions. The Planning and Zoning Commission recommends this property for annexation. Mayor Pro Tem Fulgham opened the public hearing, there being no questions or opposition, the public hearing was closed. PUBLIC HEARING ON THE ANNEXATION OF 50 ACRES OUT OF THE R. D. NEWMAN SURVEY, COLLIN COUNTY ABSTRACT 660 : This property is located on the north side of the Collin/Dallas County line, east of SH78 . More commonly described as being that tract of land that lies between the George Lewis property and the Collin /Dallas County line. This property will close the boundary line between Wylie and Sachse and is a ,..r,s section that both cities have agreed upon as a boundary line. The City initiated this annexation and a letter was sent to the property owner. The Planning and Zoning recommends this for annexation into the City of Wylie. Mayor Pro Tem Fulgham opened the public hearing, there being no questions or opposition, the public hearing was closed. PUBLIC HEARING ON THE ANNEXATION OF 140 .58 ACRES OUT OF THE J. MITCHELL SURVEY, COLLIN COUNTY ABSTRACT 589, AND THE WILLIAM PATTERSON SURVEY, COLLIN COUNTY ABSTRACT 716: This property is bounded on the east by FM1378 and on the south by Lake Ranch Road. There are two parcels making up this tract, and have one owner. The City initiated this annexation and a letter was sent to the property owner. The Planning and Zoning Commission recommends this for annexation into the City of Wylie. This is the property where the bridge will have to be rebuilt , but we hope to give the land back to the property owners where the road sits now and move the road over where Park Lane will be coming through. Mayor Pro Tem Fulgham opened the public hearing, there being no questions or opposition, the public hearing was closed. PUBLIC HEARING ON THE ANNEXATION OF 256 .933 ACRES OUT OF THE M. SPARKS SURVEY, COLLIN COUNTY ABSTRACT 849: This property ''"%k is located along and north of FM544 . This annexation is comprised of several small tracts along W. FM544 and some larger tracts that lie east of the Wylie/Murphy boundary 41 line. The City initiated this annexation and letters have been sent to all property owners. Several of the property owners have come in and signed voluntary annexation petitions. The Planning and Zoning Commission recommends this property for annexation. Mayor Pro Tem Fulgham opened the public hearing . City Manager Gus Pappas said there is some development in this area and the staff has had a lot of calls about what is being built in this area. This is our chance to take control and give this zoning to help keep it in line with what will be best for the area. Councilwoman Donovan wanted to know what we were pumping in the Steel area. City Manager Gus Pappas said just the industrial and we pump it every other day. There is a shot sewer line that needs to be installed and then we will not have to pump there. But there has been so many projects bigger and with greater needs that this one has been pushed back. There being no other questions , the public hearing was closed. APPROVAL OF ANNEXATION ORDINANCE FOR 51 .531 ACRES OUT OF THE WILLIAM SACHSE SURVEY, COLLIN COUNTY ABSTRACT 835: This property is located on Hooper Road and south of FM544. The public hearings were held some time back, but the final annexation was held up due to the TRO initiated by the City of Sachse. The TRO has exhausted itself and both sides attorneys have discussed this fact and whether or not either side should do anything. Sachse has begin to post notices for annexing these properties. The City of Sachse has to start from day one which is a 60 day process and the City of Wylie only has to sign the annexation ordinance. The City Attorney, Larry Jackson, recommends to file a counter injunction on Sachse which is a lot of money or to go ahead and sign the annexation ordinances. Councilwoman Donovan asked City Manager Gus Pappas if we had anything to gain by doing this . City Manager Gus Pappas said the City Attorney said if we had the opportunity and did nothing, Sachse would use this in Court against us. Mayor Pro Tem Fulgham said we had an obligation to annexation these properties, as the owners have requested to be annexed into the City of Wylie. Mr. Reese, on of the property owners, has filed a law suite against Sachse for holding up his construction and development of the property. Motion was made by Councilman Hughes to approve and sign the annexation ordinance for 51 .531 acres out of the William Sachse Survey. Seconded by Councilman Trimble. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilwoman Donovan - in favor, and Councilman Hughes - in favor . This motion carried with all in favor. APPROVAL OF THE ZONING ORDINANCE FOR 51 .531 ACRES OUT OF THE WILLIAM SACHSE SURVEY, COLLIN COUNTY ABSTRACT 835 : This 42 property is located on Hooper Road and south of FM544. All the public hearings have been held some time back. This is a part of the TRO initiated by City of Sachse, as discussed above. The request for zoning is for Agricultural . Motion was made by Councilman Trimble to approve zoning ordinance for Agricultural zoning for 51.531 Acres out of the Williams Sachse Survey. Seconded by Councilman Hughes. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilwoman Donovan - in favor, and Councilman Hughes - in favor. This motion carried with all in favor. APPROVAL OF ANNEXATION ORDINANCE FOR 149.6546 ACRES OUT OF THE H. J. HARDIN SURVEY, COLLIN COUNTY ABSTRACT 438: This property is located west of SH78 and south of FM544. All the public hearings were held some time back. Motion was made by Mayor Pro Tem Fulgham to approve and sign annexation ordinance for 149 .6546 acres out of the H. J. Hardin Survey. Seconded by Councilman Hughes. The vote was as follows : Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in favor, Councilwoman Donovan - in favor, and Councilman Hughes - in favor. This motion carried with all in favor. APPROVAL OF ANNEXATION ORDINANCE FOR 100.287 ACRES OUT OF THE R. D. NEWMAN SURVEY, COLLIN COUNTY ABSTRACT 660: This property is located east of S. SH78 and is owned by L. Reese Company. All public hearings were held some time back. .— Motion was made by Councilman Hughes to approve and sign annexation ordinance for 100. 287 acres out of the R. D. Newman Survey. Seconded by Councilman Trimble. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilwoman Donovan - in favor, and Councilman Hughes - in favor. This motion carried with all in favor. APPROVAL OF ANNEXATION ORDINANCE FOR 37.415 ACRES OUT OF THE R. D. NEWMAN SURVEY, COLLIN COUNTY ABSTRACT 660 : This property is located east of S. SH78 and is owned by L. Reese Company. All public hearings were held some time back. Motion was made Mayor Pro Tem Fulgham to approve and sign annexation ordinance for 37 .415 acres out of the R. D. Newman Survey. Seconded by Councilman Hughes. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilwoman Donovan - in favor, and Councilman Hughes - in favor. This motion carried with all in favor. APPROVAL OF ANNEXATION ORDINANCE FOR 5 .990 ACRES OUT OF THE R. D. NEWMAN SURVEY, COLLIN COUNTY ABSTRACT 660 : This property is located east of S. SH78 and is owned by L. Reese Company. The public hearing for this property were held some time back. Motion was made by Councilman Hughes to approve and sign annexation ordinance for 5 .990 acres out of the R. D. Newman Survey. Seconded by Councilman Trimble. 43 The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilwoman Donovan - in favor , and Councilman Hughes - in favor. This motion carried with all in favor. APPROVAL OF ANNEXATION ORDINANCE FOR 7 . 297 ACRES OUT OF THE H. J. HARDIN SURVEY, COLLIN COUNTY ABSTRACT 438 : This property is located east of S. SH78 and is owned by L. Reese Company. The public hearings have been held some time back. Motion was made by Councilman Trimble to approve and sign annexation ordinance for 7 .297 acres out of the H. J. Hardin Survey. Seconded by Councilman Hughes. The vote was as follows : Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in favor, Councilwoman Donovan - in favor, and Councilman Hughes - in favor . This motion carried with all in favor. APPROVAL OF ZONING ORDINANCE FOR 446 .273 ACRES OUT OF THE R. D. NEWMAN SURVEY, COLLIN COUNTY ABSTRACT 660 AND THE H. J. HARDIN SURVEY, COLLIN COUNTY ABSTRACT 438 : This property is located east of S. SH78 and is owned by the L . Reese Company. The public hearings have been held some time back and the request for zoning is Business One and Two, Retail , Multifamily, Single Family Two and Three. Motion was made by Councilman Hughes to approve the above zoning for 446 .273 acres out of the R. D. Newman Survey, and the H. J . Hardin Survey. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in favor, Councilwoman Donovan - in favor, and Councilman Hughes - in favor. This motion carried with all in favor. APPROVAL AND EXECUTION OF REVISED PERSONAL PROPERTY FINANCE CONTRACT AND ACCOMPANYING DOCUMENTS FOR THE ACQUISITION OF AMBULANCE SERVICE AND OTHER VEHICLES: Finance Director James Johnson presented to Council the revised contract on the property being purchased in the ambulance service. The following equipment is included in this purchase: 1 Used 1983 Type 2 Ford Super Van Econoline 250 1 Used 1981 Type 1 Ford Modular F-350 1 New 1986 Type 1 Modular Ambulance 1 New 1986 Fire Department Rescue Suburban. The 1986-87 budget was approved with these items included in it. Mayor Pro Tem Fulgham asked if this was just to approve the financing of these items. Finance Director said yes, that we will have to go out for bids for the new ambulance and the suburban. City Manager Gus Pappas said the transfer date is now set for November 15 , 1986 at which time we will have the insurance coverage that is needed. Motion was made by Councilwoman Donovan to approve the financial contract for the purchase of the Ambulance Service 44 and the new equipment. Seconded by Councilman Trimble. The vote was as follows : Mayor Pro Tem Fulgham - in favor, 'um", Councilman Trimble - in favor, Councilwoman Donovan - in favor, and Councilman Hughes - in favor. This motion carried with all in favor. PRESENTATION BY KERRY WEEKS REQUESTING THE REMOVAL OF THE BARRIER ACROSS THE ALLEYWAY BETWEEN BUTLER AND HILLTOP STREETS: Mr. Weeks requested that the barrier that was just recently put up at the entrance to the alley off Butler Ct. be removed. Mr. Weeks feels the City made a decision without contacting all the people that use that alley. Mr. Weeks said he understood that the barrier was put up because of speeders in the alley, but this is a police problem. Mayor Pro Tem Fulgham said he was not in total agreement with putting up the barrier, but the reason for doing it was because of the people using it for a high speed thoroughfare. This ideal of the barrier came from the people that live off Butler Ct. and Woodhollow Ct. Councilwoman Donovan wanted the staff to send out letters again. City Manager Gus Pappas said the letters were sent to those property owners who would be responsible for paying for the repaving of the alley. Do you want letters sent to those would have no responsibility for the upkeep of the alley. Council directed City Manager Gus Pappas to take down the barrier and send out letters to the property owners on Briarwood, Woodhollow Ct . , Dogwood Ct . and Hilltop. City Manager Gus Pappas reminded the Council that they had voted to put the barrier up and this would take a vote to take it down. Council still told City Manager to remove the barrier . CITIZEN PARTICIPATION: Mr. David Stephens of 303 Woodhollow Ct . said he wanted to know if Council had to vote on putting up the barrier , why could they take it down without a vote. Mr . Stephens said he strongly objects to the Council taking it down. City Manager Gus Pappas said Mr . Stephens was right in stating that this needed a vote in order to take down the barrier. Mr . John Pierrel of 604 Stoneybrook said there are speed bumps in the alley of Stoneybrook and if he could live with these, the residents in this other area should be able to live with the barrier . Mr. Kerry Weeks of Briarwood said Council may take action on putting up barriers on alleyways, and if you do it on one you will do it on others. Mayor Pro Tem Fulgham said all areas will be looked at as an individual area . Councilman Hughes said what caused this problem was not having a good review of plats on Planning and Zoning and the 45 City Council at the time this subdivision was built . Now there is better and improved system and these areas are looked at in a different way so as not to have cul-de-sac when a through street is needed. City Manager Gus Pappas said that the street crew could move into the alley between Briarwood and Hilltop and put in gravel in the hole so traffic can go through. The citizens said there was not a hole, the alley just stops. Mr. Ernest Adkins of 1010 Mardi Gras, said he would like to make a statement concerning the public hearing on Monday, November 10, 1986 . Many citizens came to take part in a legal Council meeting which the City Attorney said was legal . This should come as no surprise to you, Councilman Trimble, since you contacted the City Attorneys yourself and was told at that time that the meeting was legal . Realizing that the meeting was legal, I am confused by your actions or maybe I should say lack of action regarding the hearing last night. We,the people of Wylie, entrusted the life of our City to you Councilman Trimble and to Councilman Westerhof and I am appalled by the letter which we were read last night signed by Councilman Trimble, Councilman Westerhof and Councilwoman Donovan. When we as citizens cannot depend on your word such as when you made your verbal agreement with Mayor Pro Tem Fulgham to hold the public hearing last night then we have a serious breach of trust. This breach was a direct result of your actions Councilmen Trimble and Westerhof and I feel your poor conduct requires an explanation to the citizens. Are you Councilman Trimble going to attend the meeting on Thursday night. Mr. Trimble had no response. Councilwoman Donovan, are you going to attend the Thursday night meeting . Mrs. Donovan said she would have to answer later . Mayor Pro Tem Fulgham, are you going to attend this meeting Thursday night. Mayor Pro Tem Fulgham said yes. Councilman Hughes will you attend this meeting . Mr. Hughes said yes. Mr. John Pierrel 604 Stoneybrook said we elected you people to carry out the business of the City, not to play games. I as a citizens and tax payer feel very ripped off. I should not have to take the time to make each Council meeting . You people have been elected to serve the people of the City and not anyone else. I did not put my life on the line to live in a City where the elected officials do not care. I have to leave work early just to get to these meetings and I feel I should not have to do this . Mrs . Olympia Margies 1010 Lucy Lane, my comments are directed to those who need them. Councilman Trimble did you tx. say the recall election may call out people to vote and you do not want more people coming out to vote on the Council election just because of the recall issue. One does not have to vote in all issues. On our petition there are 534 46 citizens wanting to vote on her, why do you not want them to vote for the council election. Councilman Trimble, did you not ride in a car with Councilwoman Donovan in the ''""* Centennial Parade with a banner on it that said present Council members. Did I not count right, or was there only two council members instead of six members. Also about last night, Councilman Trimble, you have showed us you respect no one but Councilwoman Donovan. I do not have any respect for you Councilman Trimble or Councilman Westerhof . I do have much respect for Mayor Pro Tem Fulgham for the way he handled the meeting . Cecelia Woods 515 Woodhollow said she still liked Wylie and feels that the ones that gives time on the Council does deserve appreciation for their time. Why was Mayor Hughes brought back to the Council tonight. Mayor Pro Tem Fulgham said that Mr. Larry Jackson and Mr . Lewis Nichols said that because of a lack of a quorum, that this step could be done in order to have a quorum and conduct the city business. A council member is not really relieved of his/her duties until the position has been filled by election or appointment . Cecilia Woods said this statement was on record. Mayor Pro Tem Fulgham said • yes . AWARD OF BID FOR CHAIN LINK FENCE AT STEEL ROAD TANK SITE: — City Manager Gus Pappas stated that the fence was a part of the finishing up at Steel Road Tank site. This will enclose the tank, values, pump house which could be meddled with and there has been one case where someone has meddled with the equipment. There were three bids submitted from the following firms: Mario' s Fence Co. $4 ,990 .00 Liberty Fence Co. $4 ,277 .00 J & J Fencing Co. $7,632 .50 The City Engineering Department has reviewed these bids and recommends the award of bid to Liberty Fence Co. in the amount of $4 ,277 .00 . Motion was made by Councilman Trimble to award the fence bid to Liberty Fence Co. in the amount of $4 ,277 .00 . Seconded by Councilman Hughes. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilwoman Donovan - in favor, and Councilman Hughes - in favor. This motion carried with all in favor . AUTHORIZATION TO ADVERTISE FOR BIDS FOR PICKUP TRUCK FOR THE PARKS DEPARTMENT: City Manager Gus Pappas stated that this truck was included in the 86-87 budget, but needs Council 47 approval to advertise for bids. Motion was made by Councilwoman Donovan to advertise for bids for pickup truck for the Parks Department . Seconded by Councilman Hughes. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor , Councilwoman Donovan - in favor, and Councilman Hughes - in favor. This motion carried with all in favor . APPROVAL OF PRELIMINARY PLAT OF LIBERTY GROVE ESTATES: This is an ETJ review and has been reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission recommends approval with the relocation of an easement for a future sewer line. The developer has agreed to install streets to City specifications and has agreed to a larger waterline than that first proposed. This area has been designated for Single Family 1 homes on our planning map. The homes that will be constructed in this plat are the same size as what our Single Family 1 . This tract of land is not contiguous with our City, and does not have water/sewer from our city. The City does not have the power to enforce the complete subdivision ordinance on this subdivision. The State does grant us the opportunity to make some requirements such as concrete streets, fire hydrants every six feet. The water lines are smaller than what our ordinance calls for, but easements have been required for sewer lines and improvements to the water line if and when this becomes a part of our City. Staff feels that they have taken out most of the problems that could come back to haunt us at a later date. Motion was made by Councilman Hughes to approve the preliminary plat for Liberty Grove Estates with the Planning and Zoning recommendations of the relocation of the easement for a future sewer line. Seconded by Councilman Trimble. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilwoman Donovan - in favor, and Councilman Hughes - in favor. This motion carried with all in favor. ACCEPTANCE OF DEDICATION OF DRAINAGE EASEMENT FROM RUSTIC OAKS GARDEN APARTMENTS JOINT VENTURE: This drainage easement is necessary in order for the work to proceed the developer needs to dedicate this drainage easement. The easements is continued from the drainage line from the Westgate Addition which has already been installed . Motion was made by Councilwoman Donovan to accept the dedication of the drainage easement from Rustic Oaks Garden Apartments Joint Venture. Seconded by Councilman Trimble. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor , Councilwoman Donovan - in favor, and Councilman Hughes - in favor. This motion carried with all in favor . APPROVAL OF FINAL PLANS FOR MUNICIPAL COMPLEX: City Manager Gus Pappas said the final plans for the Municipal Complex had been reviewed by the Code Enforcement Officer and found 48 all codes have been followed. The staff recommends approval of these plans. Motion was made by Councilman Hughes to approve the final plans for the Municipal Complex. Seconded ^� by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilwoman Donovan - in favor, and Councilman Hughes - in favor. This motion carried with all in favor. COUNCIL DISCUSSION: Councilwoman Donovan asked City Manager Gus Pappas why the item was not on the agenda in regards to the street program. City Manager Gus Pappas said an appraisal has to be done on the properties by a professional registered appraiser. This is being done now and you will see it on the next Council agenda. You must prove that the lien being place on these properties are true and that properties hold this value. APPROVAL OF DRAW #1 FROM MUNICIPAL COMPLEX CONSTRUCTION FUND TO SPEED FAB-CRETE: Finance Director James Johnson said the draw down for Draw #1 is for $97,561.44 , and a CD will be wired to the Bank tomorrow if this is approved in the amount of $100,000 . This has been reviewed and is correct. Mayor Pro Tem Fulgham thanked Mr. Johnson for the work done on this draw down schedule. Motion was made by Councilman Trimble to approve Draw #1 from Municipal Complex Construction Fund to Speed Fab-Crete in the amount of $100 ,000 . Seconded by Councilwoman Donovan. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilwoman Donovan - in favor, and Councilman Hughes - in favor. This motion carried with all in favor. There being no other business, Mayor Pro Tem Fulgham called for a motion to adjourn. Motion was made with all in favor to adjourn. saw k . o FLA ha Mayor Pro Tern ATTEST : 4111E TEXP*4 unni na�aa rolyn n s ity Secretary