04-14-1987 (City Council) Minutes 183
CITY COUNCIL MEETING
MINUTES
APRIL 14, 1987
7: 00 P. M.
The Wylie City Council met in regular session on Tuesday,
April 14, 1987 at 7 : 00 P. M. in the Wylie Community Room. A
quorum was present and notice of the meeting had been posted
in the time and manner required by law. Those present were
Mayor Chuck Trimble, Council Members Marvin Blakey, Sandra
Donovan, Kent Crane, John Akin, and Christopher DiTota,
Acting City Manager James Johnson, City Secretary Carolyn
Jones, Public Works Director Bill Windham, Code Enforcement
Officer Roy Faires , I . W. Santry, Engineering Department.
Councilman Westerhof was absent from the meeting.
Mayor Trimble called the meeting to order and Councilman
Akin gave the invocation.
APPROVAL OF MINUTES: The minutes submitted for approval
were for the meetings of March 23rd, 24th, 30th, and April
7th, 1987 . There being no additions or corrections , a
motion was made by Councilwoman Donovan to approve as
submitted . Seconded by Councilman Akin. The vote was as
follows : Mayor Trimble - in favor , Councilman Akin - in
favor, Councilman DiTota - in favor, Councilman Crane - in
favor , Councilman Blakey - in favor , and Councilwoman
Donovan - in favor . This motion carried with all in favor .
ELECTION OF MAYOR PRO TEM FOR REMAINDER OF 1987-88 COUNCIL
YEAR: Motion was made by Mayor Trimble to appoint
Councilwoman Donovan as Mayor Pro Tem for the remainder of
1987-88 Council Year . Seconded by Councilman DiTota. The
vote was as follows : Mayor Trimble - in favor , Councilman
Akin - in favor, Councilman DiTota - in favor , Councilman
Crane - against , Councilman Blakey - in favor , and
Councilwoman Donovan - in favor. This motion carried with
five (5) in favor and one (1) against .
LETTER REQUESTING LEAVE OF ABSENCE FROM PLANNING AND
COMMISSION FROM MR. FRED OUELLETTE: There was some
discussion on the fact that the Charter states a
board/commission member can not miss three consecutive
meetings . If a member should miss three meetings , then they
should be removed from the Board . Councilman Crane said he
would like to be able to keep Mr. Ouellette on this board,
but in staying with the Charter , did not believe Council
should grant this leave of absence without legal advice.
There was no motion or action taken on this item at this
time.
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CONSENT AGENDA: TAX ROLL ADJUSTMENTS, UTILITY EASEMENT FROM
M. EAVES, UTILITY EASEMENT AND DEED FOR ONE ACRE FROM
CENTENNIAL HOMES, INC. : Mayor Trimble made the statement
that the consent agenda consisted of items considered to be
without opposition and would be voted on as one item,
however , any item on the consent agenda, may for any reason
be removed at the request of a Councilmember and considered
as a separate item. Motion was made by Councilman Blakey to
approve the consent agenda as submitted. Seconded by
Councilman Crane . The vote was as follows : Mayor Trimble -
in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin
- in favor , Councilman DiTota - in favor , Councilman Crane -
in favor, and Councilman Blakey - in favor. This motion
carried with all in favor .
SECOND PUBLIC HEARING ON THE ANNEXATION OF 58 .9613 ACRES OUT
OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT
688 : This property is located between Highway 78 and Brown
Street and adjacent to Wyndham Estates . This property is
commonly known as Wylie Ranch East . Mayor Trimble opened
the public hearing , there being no questions or opposition,
the public hearing was closed .
SECOND PUBLIC HEARING ON THE ANNEXATION OF 74 .943 ACRES OUT ""*
OF THE WM. PENNY SURVEY, COLLIN COUNTY, ABSTRACT 696 : This
property is located on FM 3412 (Parker Road) . It is an
involuntary annexation. Mayor Trimble opened the public
hearing . Mr . Bill Downs one of the property owners made a
statement to the Council about the action they had taken on
the City Manager and that he would like to compliment you.
I only met him once, on this annexation. This involuntary
annexation procedure as described to me in your letter was
frightening . I have been told by citizens that I need not
worry about being annexed since your action to the City
Manager . I find it hard to believe that the City Manager
was doing what the Council told him, if this statement is
true. Councilman Crane said the Council was asked several
times if the direction that had been given to the City
Manager needed to be changed and no one that was on this
Council at that time had any changes . Mr . Downs wants to
know why he was being annexed. If the only reason is to
protect the citizens from bad use of the property, I do not
believe I need to be protected from my neighbors . I do not
need the City of Wylie to act as meditator between me and my
neighbors. I just want to be left alone. I want freedom
from government . When I asked about the master plan, the
City has this as commercial property. I want to have the
choice of what my property is far , I do not see any reason
why the City wants this property. There are a lot of
streets in Wylie that need to be repaved and you do not need
my street to have to have up keep on. Mayor Trimble thanked
Mr . Downs for his response and asked him at what time should
the City asked for the land to be annexed. Mr . Downs said
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annex when he ask for services from Wylie , at this time I do
not need any services from Wylie. Mayor Trimble asked how
he would feel if his neighbors sold and a bad use of land
was there. Mr. Downs said he would not be able to cry wolfe
after making the above statements . Mr . Downs said when you
have to build a home out of brick and not out of what you
want, I find this offensive. Mayor Trimble said
unfortunately there has been homes built here that are
substandard and the Council feels the need to protect our
City.
Mayor Trimble asked if there were any other questions or
opposition, there being none, the public hearing was closed .
SECOND PUBLIC HEARING ON THE ANNEXATION OF 4 ACRES OUT OF
THE I . & G. N. RY. CO. SURVEY, COLLIN COUNTY ABSTRACT 1059 :
Mayor Trimble opened the public hearing on the annexation of
4 acres out of the I . & G.N .Ry. Co . Survey. Mrs. Joyce
Pockrus said she was the owner of 2 .9 acres out of this
acreage for involuntary annexation. Some of you were not at
the last public hearing , the news paper printed it as a 4
acres tract owned by the Pockrus family and 1 acre owned by
Vantage Property. I do not own 4 acres , I transferred one
plus acres to someone else. I asked at Planning and Zoning
what could Wylie offer me for 2 .9 acres . We do not need
sewer , we have water, and we have fire protection from the
City of Wylie . If you are speaking of streets , I do not
need another City street. We have had seven robberies on
the property we own inside the City of Wylie and none of
these have been solved or any equipment recovered. So I do
not need police protection . I do not need in the City and
would appreciate not being annexed . I do not need another
tax bill for nothing . Mayor Trimble thanked Mrs . Pockrus .
Mayor Trimble asked if there were other questions or
oppositions , there being none the public hearing was closed .
APPROVAL OF ANNEXATION ORDINANCE FOR 456 ACRES OUT OF THE 0.
SHELBY SURVEY, ABSTRACT 799 ; LEROY FARMER SURVEY, ABSTRACT
334 AND J. J. TURNHAM SURVEY, ABSTRACT 919 COLLIN COUNTY:
This property is located on the north side of Parker Road
and is contiguous with the City by the Lake Annexations .
Mr . Stanley Moussa thanked the Council for waiting for him
to arrive. I received a letter from Lucus on March 31 , 1987
stating that part of this land Wylie is annexing is in their
ETJ and part is in St . Paul and part in Wylie . If this is
true that part of this land is in Lucus ETJ, then it leaves
a small portion of land for Wylie . The legal description
posted in the paper is not correct . I would appreciate you
withdrawing this annexation until a future date . Councilman
Akin asked if Mr. Moussa was going to annex into another
City. Mr . Moussa said no . Councilman DiTota asked what his
plans were for the property. Mr . Moussa said originally it
was for a lot of commercial , but since, has been changed to
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mostly residential . Mr. Moussa said he was also talking
with Seis Lagos about putting in a golf course, country club
and tennis courts. There would be a small fee for annual
membership . Councilman Akin asked if Wylie has access to
this property. Mr . Moussa said no not without going through
St . Pauls ETJ. Mayor Trimble asked Mr . Moussa about the
MUD. Mr. Moussa said he would apply only if Wylie approved
it . City Manager James Johnson said Council can oppose the
MUD, but would have no say on the bonds being issued. Mayor
Trimble asked Mr . Moussa if he was not going to put in the
MUD. Mr . Moussa said no. Councilman Crane said that Mr .
Moussa just stated that he would come back to the Council if
he applied . Mr . Moussa said he would not apply for the MUD
without Council ' s blessings . Mayor Trimble said if a MUD
was created, it would create a bad problem for Wylie. These
do not work out . Councilman Crane said there would be the
possibility for him to seek other sewer sources . Are we
prepared for us to have another sewer plant draining through
Wylie. Why would we not be sure by annexing this property
so we know what is happening . I had rather annex and then
release if and when Mr . Moussa comes up with another plan.
Mr . Moussa stated that he believes forced annexation is bad
and he does not like it and will fight it . Mayor Pro Tem
Donovan said in regards to Mr . Crane' s statement, if we stop
the annexation, we still have a say in our sub-division
through ETJ and we have a liability if we do not get
services to him in a matter of time. Mayor Trimble said
this was correct , but he had rather know what is being put
in since this sewer will be running through Wylie' s creeks .
Councilman Crane said if Mr . Moussa comes back and says Seis
Lagos is accepting the sewer from this property, then he
would be in favor of releasing it . If we loose this by not
annexing, we have lost everything. Mayor Trimble asked
Councilman Akin if he agrees about the MUD. Councilman Akin
said yes , we had to protect our City and have control .
Councilman Crane stated that the Council should be dedicated
to the growth of the City and we will grow to this property.
Look at Wylie Ranch East , we have grown to them and know the
City has to help them come up to code.
Motion was made by Councilman Crane to approve the
annexation ordinance for 456 acres out of the 0 . Shelby
Survey, Leroy Farmer Survey, and J. J. Turnham Survey.
Mayor Pro Tem Donovan said she agreed that there were going
to be bad areas coming in and Wylie will have to take care
of this , but this will be a few years down the road . In a
few years , when we grow to this , then we will have the
dollars to bring this up to code and control . Councilman
Akin said this why we annexed the lake to protect the land
one mile out. After some discussion, a second to the motion
was made by Councilman DiTota . The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Donovan - against ,
Councilman Akin - against , Councilman DiTota - in favor ,
Councilman Crane - in favor, and Councilman Blakey -
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against . This motion has no decision as it takes four (4 )
votes to carry or deny a motion. The vote was three (3) in
favor and three (3) against .
APPROVAL OF DRAW #5 TO SPEED FAB CRETE IN THE AMOUNT OF
$188 ,771 . 53 : City Manager James Johnson said there was a
problem with the complete draw down and staff recommends
$188 ,771 .53 which is deducting $50 ,014 . 35 which is concrete
work that is substandard . Mr . Santry stated that
approximately a week ago, the contractors on the new City
Hall has proceeded without an inspector and when the
inspector went out , it was noted that the depth of concrete
was not right , the steel that was put down is wrong and the
base had been rutted by trucks. Following this, the
contractors stripped the forms and the concrete was
honeycombed. The city staff has had a meeting with Mr .
Kennedy and he agrees that the condition is poor . There is
a change order coming about to remove the curb on the east
side and this does not follow the plans . The curb should be
left , it helps with drainage and this does need to be looked
at . The contractors will be coring this section in order to
find out the strength of the concrete. Motion was made by
Mayor Pro Tem Donovan to approve draw #5 in the amount of
$188 ,771 .53 . Seconded by Councilman Crane. The vote was as
follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan -
in favor, Councilman Akin - in favor , Councilman DiTota - in
favor , Councilman Crane - in favor , and Councilman Blakey -
in favor. This motion carried with all in favor .
CITIZEN PARTICIPATION: Mr. Jim Feivor of 315 Callie Court
said in regards to item no . 6, he wanted to talk to the
Council since there has been a change in the City Manager
position. This group of people had the backing of the last
City Manager to have our streets done when we were annexed ,
if you are not going to fix the streets , we do not want to
be annexed. Mayor Pro Tem Donovan said before, when you
come before us , you stated there were 95% of the people
wanting to pay their part . If these 95% are still wanting
to pay their part , then you will move up on the priority
list of street reconstruction. Mr. Feivor said there has
been no change in their position and they are still ready to
pay their part . Councilman DiTota asked what problem would
come with what the Council may zone this property. Mr .
Feivor said he did not see a problem.
Mr . Charles Taylor said he has lived in Wylie for about 40
years and in regards to the streets with the citizens paying
their share, the people of Wylie has had promises from the
Council down through the years that the streets will be
fixed if you pay your part , and the Council would keep the
streets in good condition from then on. The Council should
pass a bond issue and fix the streets . Mr . Taylor asked Mr .
Santry since they were not notified, why didn' t the City
keep an inspector on the job at all times .
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Mrs . Bertha Howrey of 101 W. Butler wanted to thank the
Council , she knows it is a burden to set on the Council .
Mr . Crane, when you said the area around the lake was
becoming a slum area , drive around 101 W. Butler and look at
the conditions of some of these properties . There is a
house on the corner of Ballard and Butler and it was tagged
on January 19, 1987 and nothing has been done about this .
Why has this not been enforced . We also have an ongoing
problem with trucks coming down Butler . We have asked the
police and they say the trucks can not make the turn off
Hwy. 78 on to Ballard. What do you do.
COUNCIL DISCUSSION: Councilman Akin requested a work
session as soon as possible. After some discussion,
Tuesday, April 21, 6 : 30 P .M. was set for work session in the
conference room at City Hall .
Mayor Pro Tem Donovan wanted to know if the staff could go
back to highlighting the maps in order for the property to
show up better in the packets .
City Manager James Johnson handed out the job announcement
for City Manager and stated that the ad would begin soon .
Mayor Trimble welcomed the new Council and thanked the old
Council for the efforts they had given . Mayor Trimble
stated that the Council had a lot of issue that needed to be
dealt with and he asked the Council and citizens to work
together .
There being no other business , Mayor Trimble called--- 9r a
motion to adjourn. Motion was made by Mayor Trio Tem Donovan
to adjourn, with all in favor .
S (_. g Chuck Trimb e,
ATTEST:
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olyn s, t Secretary