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01-27-1987 (City Council) Agenda Packet AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, JANUARY 27, 1987 7:00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1-25 Consider approval of minutes. 2 26 Consider proclamation of February, 1987 as American History Month in Wylie. 3 27-31 Consider call for general election .•to.. elect. Counc i.l.. places 1,3 and . 5 on April 4 , 1987. 4 32 Consider approval of canvassing board for April 4 , 1987 election. 5 Consider authorization for City Manager to hold Candidates Briefing on Saturday, February 21 , 1987 at 9 :00 AM. 6 Consider appointment of voting representative to North Central Texas Council of Governments. PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 7 33 Consider approval of ordinance regulating the leaving of debris on City streets. 8 34 Consider approval of ordinance establishing "No Smoking" regulations during open public meetings of City boards and commissions. 9 35-38 Consider approval of Parks Dedication Ordinance. 10 39 Consider approval of Parks Master Plan. GENERAL DISCUSSION 11 40 Presentation by Homer "Buddy" Minyard asking Council to declare Ord. 86-50 and Ord. 86-51 invalid. 12 Citizen Participation. NEW BUSINESS 13 Consider authorization to purchase air purifier (s) for Community Room. 1 ORDER OF PAGE BUSINESS REFERENCE BUSINESS 14 41 Council approval of Council Directive #2 , authorizing City Manager to contract for services of professional claims adjustor on an "as needed" basis. 15 42 Consider approval of replat of Wyndham Estates Phase III . 16 43 Consider acceptance of public improvements in Regency Business Park Phase 2 . 17 44-47 Consider authorization to expend $2037.50 for two street lights in Kinsington Estates. GENERAL DISCUSSION 18 Council Discussion. .19 ' Recess regulbr Meeting; 20 Convene work session to discuss proposed private utility district by Moussa Property development on FM1378 . 21 Consider action to establish official position of City of Wylie regarding private utility district owned by Moussa Properties. 22 ADJOURN 2 AGENDA SUMMARY CITY COUNCIL TUESDAY, JANUARY 27, 1987 ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections . ITEM NO. 2 - AMERICAN HISTORY MONTH PROCLAMATION - This item was requested by Agnes Dempsey of Wylie for the Rockwall Chapter, Daughters of the American REvolution. ITEM NO. 3 - CALL FOR APRIL ELECTION - This is the formal call for election by the Council . ITEM NO. 4 - APPROVAL OF CANVASSING BOARD FOR APRIL ELECTION The City Secretary has asked for a separate canvassing board for this election. Many cities do this in order to facilitate the counting of votes after the polls close. The justification is that counting of the absentee ballots can begin just slightly before the polls close and then when the polls close, the locked ballot baxes can be given to the canvassing board for counting . These people have not been working for 13 hours and are fresh for the job before them. ITEM NO. 5 - AUTHORIZATION FOR CM TO HOLD CANDIDATES BRIEFING - This has become a customary event in the past three years to brief candidates on budget, city programs etc. and answer any questions about the City they may be asked to deal with during their campaign . ITEM NO. 6 - APPOINT VOTING REPRESENTATIVE TO COG - WE are asked to appoint a voting representative to North Central Texas Council of Governments. ITEM NO. 7 - APPROVE ORDINANCE PROHIBITING LEAVING DEBRIS ON CITY STREETS - ITEM NO. 8 - APPROVE NO SMOKING ORDINA E This Ordinance is provided, at the request of Council oa Donovan, as a vehicle for you to regulate or prohibi moking during public meetings of boards and commissions the City. ITEM NO. 9 - APPROVE PARKS DEDICATION ORDINANCE - This Ordinance is presented to you and recommended for approval by a joint meeting of the P&Z and Parks & Recreation. Both boards have studied this ordinance at length and the present edition has undergone several changes. Staff members will be present to answer any questions you may have. ITEM NO. 10 - APPROVE PARK MASTER PLAN - The Parks Master Plan is recommended to you for approval by both the Park & Recreation Board and the P&Z Commission. A map of the plan is now on the wall of the Council Chambers for your review. Staff members will be on hand to answer your questions. ITEM NO. 11 - PRESENTATION BY HOME MINYARD - Mr . Minyard has asked to speak you again requesting that his property be deannexed on the grounds that Mr . Westerhof had a conflict of interest and therefore the vote has not valid. We have written to the City Attorney and asked for a verbal opinion on this matter before Tuesday night, to be followed by a written statement to support his verbal opinion. We had asked for a letter from Mr. Minyard' s attorney to present his case to Mr. Jackson, our attorney for review; however, we have not received that letter and have proceeded to ask an opinion from our attorney, relating the facts as we believe them to be. ITEM NO. 12 - CITIZEN PARTICIPATION - Not an appropriate area for comment . 1 ITEM NO. 13 - AUTHORIZATION TO PURCHASE AIR PURIFIERS FOR COMMUNITY ROOM - This item is placed on your agenda at the request of Councilman Joe Fulgham. Dr . Fulgham will explain this item at the meeting on Tuesday night . ITEM NO. 14 - COUNCIL APPROVAL OF DIRECTIVE AUTHORIZING CITY MANAGER TO CONTRACT FOR A CLAIMS ADJUSTOR - This directive authorizes the City Manager to contract the services of a claims adjustor to settle tort claims in amoun-Ein excess of $500 .00 or those that may be questionable. The City Manager would be authorized to settle claims that do not ex emil $500 based upon his own evaluation, or that of a memkdjf his staff. Major claims ($2500 or over) will be handled by the insurance company. ITEM NO. 15 - APPROVE REPLAT OF WYNDHAM ESTATES PHASE 2 The memo from the Engineering Department notes this is a simple replat. The developer is merely asking to replat five lots into three lots in the industrial zoned phase of the development. ITEM NO. 16 - ACCEPT PUBLIC IMPROVEMENTS IN REGENCY BUSINESS PARK PHASE 2 - The written recommendation for approval from the engineering department is included in your packet on page 43 . All streets, utility lines etc. are acceptable. All testing is in accordance with City of Wylie specifications. All fees are paid and the engineering department recommend approval . ITEM NO. 17 - AUTHORIZATION TO EXPEND $2037.50 FOR STREET LIGHTS IN KINSINGTON ESTATES - Information regarding this matter is included in your packet on pages 44-47. Funding alternatives can be found on page 47 in a memo from the Director of Finance to the City Manager. Mr . Faires was in contact with TP&L for costs . ITEM NO. 18 - COUNCIL DISCUSSION - Not an appropriate area for staff comment . ITEM NO. 19 - RECESS OPEN MEETING - No additional comments. ITEM NO. 20 - CONVENE WORK SESSION WITH MOUSSA - This session was requested by the Moussa' s and their attorney to explain their position. They have requested that our City Engineer and City Attorney be present. Mr . Santry, City E gineer will be present but as you know, our City Attorney h s a prior committment for Tuesday nights and will not be ab le to attend. ITEM NO. 21 - CONSIDER ACTION ON ITEMS DISCUSSED IN ITEM 20 This item is placed on the agenda to provide an opportunity for you to vote on an official position for the City in this matter. 2 CALLED CITY COUNCIL MEETING - MINUTES JANUARY 18, 1987 9:0O A. M. The Wylie City Council met in a called work session on Saturday, January 10, 1987 at 9: 00 A. M. in the Conference Room at City Hall . 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 Chuck Trimble, Mayor Pro Tem Joe Fulgham, Council Members William Martin, Kent Crane, Sandra Donovan and Council Member Calvin Westerhof arrived late due to a previous commitment . Also present were City Manager Gus Pappas, City Secretary Carolyn Jones, and Finance Director James Johnson,, Mayor Trimble called the meeting to order and turned the meeting over to City Manager Gus Pappas. During this work session the following topics were discussed: Wylie/Sachse Boundary Agreement 800 Tort Claim (small claims against the city) (Need to look into setting a policy for Council to take action on, and which will give staff the direction to take on claims) Current and Future status of the City of Wylie General Council Discussion This was a work session and no decisions were made at this time. Motion ` was made to adjourn with all in favor. .......... ....................... _................................................__ ........__ Chuck Trimble, Mayor ATTFST: .................................................___________________ Carolyn Jones, City Secretary CITY COUNCIL MEETING JANUARY 13, 19B7 7:00 P. M. The Wylie City Council met in regular session Tuesday, January 13, 1987 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 were Mayor Chuck Trimble, Mayor Pro Tem Joe Fulgham, Council Members Calvin Westerhof , William Martin, Kent Crane and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Code Enforcement Officer Roy Faires, Chief of Police Royce Abbott, I . W. Santry, Engineering Department, Acting Public Works Director Kenneth Moelling. Mayor Trimble called the meeting to order and Councilman Crane gave the invocation. APPROVAL OF MINUTES: The minutes submitted for approval were for the meetings of December 23rd, 30th, 1986 and January 2, 1987. There being no corrections or additions a motion was made by Mayor Pro Tem Fulgham to approve the minutes as submitted. Seconded by Councilman Martin. The vote was as follows: Mayor / rimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin in favor, Councilman Crane in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPOQ1NEyTS TO FILL TWO VACANCIES ON THE PLANNING AND ZONING COMMISSION: These two vacancies are to fill the places of Kent Crane who is now on the City Council and Jeff Hall , both of these positions terms will expire in July, 1987. Motion was made by Councilman Martin to appoint Mr. R. P. Miller and Mr . Jay Davis to the Planning and Zoning Commission. Seconded by Councilman Crane. The vote was as follows: Mayor Trimble in favor, Mayor Pro Tem Fulgham in favor, Councilman Westerhof in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. PUBLIC HEARING _DN_ THE ASSESSMENT OF PROPERTY OWNERS FOR THE RECONSTRUCTION ON S. BIRMINGHAM BE BALLARD AND KIRBY STREETS: City Manager Gus Pappas stated that letters of notification were mailed to each property owner and each letter included the amount of assessment . Lane and Associates were the firm that came out and did all of the appraisals on these properties. This street program is to be asphalt streets by recycling the existing street as a base material and then overlaying with 2" hot mix asphalt ' The City will share the cost of this project and approximately 60% of the cost is borne by the City. It is only the cost of the materials that the property owners will be assessed for . There are three properties that will receive the 50% senior discount and two properties that will have their assessment reduced by $100. 00 from the result of the appraisals. The law states that you can only assess the property for the amount of value of the improvements. Mayor Trimble opened the public hearing, there being no questions or opposition, the public hearing was closed. PUBLIC HEARING ON THE ASSESSMENT OF PROPERTY OWNERS FOR THE PROPOSED STREET RECONSTRUCTION ON STONE STREET BETWEEN S. BALLARD AND S. BIRMINGHAM STREETS: The reconstructions of this street will be done the same as the one discussed above and the city will share in the cost as above. Mayor Trimble opened the public hearing, there being no questions or opposition, the public hearing was closed. .� �� APPROVAL F?i:j'')(l t::. ORDINANCE ESTABLISHING THEASSESSMENT OF PROPERTY E::RT`i OWNERS IF..:RRS FOR (t PORTION OF... THE C::(_j'-;..1.. OF STREET REa: T RECONSTRUCTION C?i'`d �.1.1��;lJ C..1 I C:U'`.1 (:i 1't.! ;_ u �:{11= 1�I 1:h�{(.�Y I"!(�i I"I STREET`f F��F:_l:�:"F' BETWEEN� 4t�f._:F�:f''.#7 _i. J'jEl....L._f7F..° j AND F'.I F:t:$i' STREETS AND STONE S.I... BETWEEN c.„ BA!_t_.i"AI';J.1 AND S. is II:`;L'IINGHAM„ Councilwoman Donovan wanted to know with the discussion from t F _ Saturday work session, would this effect any of this project.t:i 7 tie{:::'t.:,: Mayor F ... - ) F-'a<'i:i I i_?rfl F t_t 1.t_j ri+?.rri said an Ordinance I. 1. .1. b.... required ireconstruction.Rt.' 1 t"'ifii C: C:i l"T c'a l"T\' street+•c)t�''t.: Cityt .:, , said as long_' 7. '= assessment ._. Manager �f Gus Pappas .!. ),+-t :=t+� there ._> to pr-cIpert.y you will have to have a public he<ar' t.f'iu and an ordinance.f'irtfice. Birmingham '_?t+"'f{?i•_?'(_ from Kirby to Ballard 1600 linear feet:. and .fie :. wide with approximate cost of $/0, 912. 00 that.. the owners .. .".;r_:. � ( t City . property t� L 1 1 + :•,:i i-;,, t_i:. r- (..., {::; .. !r_a i(•� will pay i% :?~.�_:_.y _ .. _ _+•_i and_I the Fi' ...7. {. w17. .1. :i pick up i #' !y I . ( , Stone S : . from Ballard t c Birmingham ' c: 800 � .. linear feet, L ' wide with i=!_ p t'.i::i ;:L ti'tr.':?'(::i=:` cost .._ $,;:.,, •..::.,•Y 8„ +•..!..! of which the property owners will pay :I. L ;4ITt+„ i"!{1 . .i.."iC? �.:" will pick t_..: ...:1 ti;�r... .(. Motion t . .;_y _ and{:.I _. City`.,' .ti t" {I•i '.vr._ „ ? •tw,. i_i_i„ i f":+'(': } rJ:�i.sia. made by Mayor Pro _.!1 t (I,!. .:!L.i a i ii t to approve ._ t e ordinance establishing sy '" property {�i l=`dri{.t-':.: f for a portion I::t l ir' assessment ("i T of the cost +.!'f' street j.:::'{:''�i:' reconstruction i't'::1'I':.t"'L-1 l:_.j..: (_i _ S. �' .:::!t.., {•::'!•::` ..._ _� rt on C;7.rto7.riisl.T.=:if'n t. and ...? '.t_tt"'tr.::' ,..,(_„ Seconded by Councilman Crane. The d!..!1:.r=: w<:i<=:. as follows':: Mayor Trimble ..... in favor, Mayor I::?r..c:i _I em F~O:l.t',+tiarTt in fr_+\•`._!t-',; Councilman t°:}F.:'s'1:.kc')'.tTo.t ... l.i..! f%:i`,;t...+!•..,, L.;1.i1_tS-it:::a .L(fiti.fl Martin "" in favor, Councilman Crane '-•. :i n! favor, and inI t:+Councilwoman .... .. 1p.!i t.h Donovan _.. favor . This motion carried all in favor. PUBLIC L HEARING ON A PROPOSED j INCREASE Er-!'SE. IN lalt'1'1'ER AND ;'4i::,WER Nif E`>; FOR THE CITY OF N;'L..:i t UTILITY CI iST!Lf``'1F:N`:ci: Mr. James Johnson s; : i .. ..... stated 1_�::•c_I to t'.t i Gr Council that there were t:w rW, proposed + .._ a rate increases, one,•;, would I i" to-_, __t!_ .__t.k . . 1:`. __ .. ! „ ..!!,: increase and t i...t other c+. ..,c.„ :..!%„ increase. Rate #.,_. is t.h e .I.,C.„ :.'J h, Si siii f t+�.I :L 'i` adopted,_i 4.ei_ Council wf'i 7 d I::e looking ...... .t t:t.:F' ( .._...I,+ would t_ 1. I. ...:....#::i.I..:...t .::{l_ another rate increase . .. . ca :. the next budget year. Mayor Trimble opened I.:I'T e public hearing. Councilman Crane wanted t{::1..: know what effect growth r`.'_ increase would have 1 •i- any on the possible rate lrt{:::r��t�,-t=t-� at f:.:1-t'::: r!t;'xt budget. I'1r"„ t.Johtt._isof..i s....t. ..7 'I::.L_t... study figures were :,rJ on .,::.t!t_; growth customers and the growth is exceeding trdl..i,-'I'. 4'.t<'ct'.:_ shown in i this 7.:..., study. :c c i 1 u _ Crane a_ : J to know if growth continues will rate #_'. be okay„ MS,... tohfi{sc:in said :...c: Councilman- i ', one .._.t;:a.i...f:•,_«::?:_:.., .i:::._i_Ti:_:L .Liii::Trt Martin asked 1"1r'„ Johnson which was recommending. Mr. Jc:hrissoir'i said rate #':;:; will do what - needed i:::+ut:. will i...ii:it have any flexibility. There being ..o other questions, the public hearing was closed. APPROVAL OF ORDINANCE ESTABLISHING NEW I::;A_F.I:::::_ FOR (.4(a-I_::-1:;.' ,:ct\lD SEWER CUSTOMERS FOR ..I.,i-IE: CITY OF Wi`i'L..:L F::e Motion was mad(::' by C.c::'c.t"i(::7. .lmal"i Westerhof to approve Ordinance -, _._. with rate for 'I •e new rates sewer customers 1.:•' f[r::i t•. i' s:a 'It'!.!' water i'F, and •l l_„ for_ City cJ.i.. •- `.... Y t._.i':_.-'r" c..l'i:.7 `�r:.:`rt+.::r,l' , 1 't_1"'t t::t 1:l i"`,' Wylie. Secor!ded by Councilman Martin. The vote was as follows:: i"avor_ fr.ifiib7. ..... in favor" I''ia''`or" Pro { {::,f7 ul i . . am . n favor, ?:iest:t_:`r"'t'i!i'i" in favor, Councilman Martin - in favor, Councilman Crane t:at t+.:.' _... in favor, and Councilwoman Donovan ..... in favor. This motion carried with all in favor. APPROVAL OF AMENDMENT TO ORDINANCE 84 12, ADJUSTING FEES CHARGED FOR MECHANICAL PERMITS s'',' -F.I'-IE: CITY OF WYL..I E:: M '. +., ,\'' '-ciia.t"'C?s stated {.:.I"17. s request is before Council because our present schedule e :i c I:'ased ::if i Single -;;.- Family Homes a r'T c:1 t l T t_, ._..... for t:..t:ii't'tCt)i_er..l":lct. projects i-'1t2Ez'(:.is to be added. Motion was made ,ii f;? by Crane I:.{:_ approve 'i_I-Tt;` .::!t'iitPf.icafiierl't:. to Ordinance c-, +..-. adjusting! s::;(... Mechanical 1.:�:' _ L Y...t(r:! , {;_{.?<:_ charged c+.1'"'rri t''�1 for S"' Permits Seconded I::.:, Mayor I:::'f, .. F ..rrt "'i_.t..t::ht:aut„ 1fi;:_, .;, as _I __ vote was follows::: Mayor Trimble in favor, Mayor Pro f efii I"'t_t.L t-ft"trTT ..... 7.1't favor, Councilman Her:'!:a F I _ favor,L " Councilman Martin cr -7i - in favor, Councilman _ _ " : t faf Crane " - " a . favor,i " c " _ _ : _f _ L L b _f =L Donovan _ Si i i : : _' This motion carried with all in favor. Ail:'i::'R'OiVAL_. C_!I::` ORDINANCE PROHIBITING DELIVERY OR USE (:::!F= VOLATILE. _ SUBSTANCES SUCH AS INTOXICANTS OR INHALANTS WITHIN ca 1_HEE::. t_:Oi",:I"iiht-t [I.. 1....I.I'1.1..1..r. OF .T.tiE_. CITY:: Mr.. E-a.it...i•:s stated 'tt-icat _ ;e City k;ra s no controls over illegal volatile substances such as intoxicants or inhalants. i'`fot.ion r.'as made by Councilwoman Donovan to approve ordinance prohibiting delivery or use of volatile substances such as intoxicants limits !.1#,.. inhalants within f j'7 1-.r't r::• corporate 'f:.s 1 k�% i.::L t'y'„ Seconded by Councilman �. ._ e :. +j" _ Liz.{.... .......�+ Martin.:!.I 1„ The I t_.' vote{•' was::� ca:::> follows t� Mayor Trimble in favor, Mayor Pro:+ E riii'tTi }'-t_t l g P"(c!(('t _. in favor, Councilman WtecYt.orP`lt::l.f: _... in favor, Councilman an Martin ..... :!.r; favor, Councilman Crane - in favor and Councilwoman Donovan ..... in favor. This motion carried with a 1E in favor. APPROVAL OF ORDINANCE CONTROLLING THE DISCHARGE GtE: OF FIREARMS AND OTHER WEAPONS W:E..E..iiI..E ..I..HIE CORPORATE L1:MEI..E.rS OF THE: CITY:: ,y �t-: s 1... #` .: `t t_. F'ci 2 r�C:: -. t c!�..r�_!.E i:hat<:+.t t k i F_:' City discovered it was ..__.. lacking controls within the City Limits on discharging k'l:a!i"'t:a:t.t"i+:! i.,,..;. ...gave firearms. Mr.'„ Rod McCoy stated that he !_1 '•:ie his son a fW1.....1»; ..a{...t'f does this ordinance cover this gun. Mayor said yes, that .. states _ .. well ... ._. _. list of t avt._ the+::�.' ordinance f..t i? 1»!__1»; gun r; as other type guns and bow and arrows. Councilwoman Donovan . .. stated that was:.�.> t::'}#...±i:»' {»:+�t- t::I"i i=.• reasons I'_±s?::',:!.�: -: this ordinance 4'J c!s needed. - McCoy said he objects to this, if the person is in his own backyard ckyar-{:i with cc t»i...`b or pump gun. Motion was made }+';i Cc.:ur"!cii.mc?.r'i Martin to approve tI';c'r_', ord:1.ri•arice controlling the discharge of firearms and other weapons within the covim....wate limits of the City. Seconded by Councilwoman .. .. cr . The r•....•, h .It.:!i'ii»7`,ir_t#'± vote l•`:Ic:i.':i. ::i'•c:. i"!_!.#. .}.Cj1;l=:::; I;I.,a,y!_+1,.. Trimble ..... in favor, i-.::!.;:!:,!!• Mayor P#,_o E r»'i i i F t_{ .i-+I`i•_:!i i i ..... in 1 favor, Councilman --.. b`,{?='{:�::t::"f•..E;?::i.f. _... .t.t'i favor, Councilman Martin ±.#"i favor, Councilman t...r::ritc, L!"1 fi':a'`;?;+r. ., and Councilwoman t.:i?»'...;_i,.%:a f carried ... 1 favor. ... ::+.:•!_!#'"„ This motion {_.<:at'"r":L{::'.{'f with all .L t"i f:cd':%t_i#: APPROVAL OF AMENDMENT _1..#...1 ZONING ORDINANCE FOR H I:::: C:::I: t ESTABLISHING USE REGULATIONS IN COMMERCIAL ZONING Ci::] (k=(_; RIE_:;.ate This ordinance is recommended to Council I::;'_: Planning ca t..i?:d Zoning 'f:?:;i l:.. approval . The i Fii? Planning t"i?:a Zoning Commission reviewed the existing use regulations ra.r'1{.:! have made some changes .. a c 4: s ._. have .... a ±.. some ?_kl.:n .!........ 7.!"1 !..!r-?.j!:,r... to P'l::a•.:'r.:• tighter �_r_+t..i.'._1`-o:E. on development o f commercial .. ....... ... .. s t .:.tY areas. Brian Chaney, Chairman r::i.i. Planning and Zoning, stated that: t.h{_? Commission had spent a 1.{::i.i. of; hour cc in {•._::rI•::Ilip out thence changes. Mayor Trimble for the i.r}? hours thanked the Planning and Zoning Commission spent ,.'i'" this project. ..c't:.. +.+ ... .._�. ...#! ._1 I.t. ...: t .._..1 4i:.' _ ,: Motion....f.t_11...1 Lil ita`ii: made by Mayor t::i 1"'(:::+ f r::'t t'i E=Lt:P.Cili<ai'ii 'l:.i:! approve the <.ii±p.,,t..i?»ffi'1e#';'_s t:.t»! Zoning Ordinance 'fi'?::ir.. the City establishing use regulations .I.t'1 commercial zoning r: i.:.;::,. .t=:•+f(:�r":t.i::.:�:< Seconded by Councilman Crane. _E.E_i e vote was{:as Ti ....... . "1%:a;'.»!'.. t I,..l.iriE:::1. in favor, Mayor Pro f eftt F.{..1.1.i::#!'i<:aiii in± favor, Councilman West.cr..hc.l.. in favor, Councilman Martin • in I favor, Councilman Crane in favor, ,:a#"i t.j Councilwoman Donovan .t..... favor . This motion carried with c!.L .1 in favor. ;:::iP::E::1:;;;±:_i;1t=11__ OF ORDINANCE ESTABLISHING NO PARKING" #:::11''••P W. Pr'.:iRI;:. BLVD. (NOW KNOWN i-iS MC::M I LLON ROAD) AND MCCR}_.:1c R:F` ROAD This. response .t..a:: .... ordinance t sr!(_: been prepared idt{�i• %ct direct . . 1»+I` e:._..r�H'1'.:.<:a_.1!.!C'f made to C::+_:!!_tr-n»::a. .p. by Mr. Burge of :::iL'»+tJ.'!::1.-!'t'i::;r-1::, Staff has ft?_ ... !!!:r."s.t.!.:Irlr=-!•..Cc'!..) specific portions C:":- either ....t.;"?='ri1'i: for No!..! Parking" . It !. :::: t I.±_._ opinion of.,.. I'1 t:r' staff t ha t. future development along both these streets, " a " : (McMillan ) and McCreary will make + ,_ Parking" along t ; r r # _ L r r length .:,'r• 'i'_l._7?:? thoroughfares appropriate. Motion was til,_t!..It.:.> by Mayor Pro hem! t....t. _.. +. to+ +P..+ ,,'_(_;,.:a..' ordinance P_r:' 1"'%.a''',_:.hr.• establishing{ i' i ; +the!::' ... ..f:i..f_ t, ,:;�....l:.-:.I.::7. :i. '.:s..l 1...•:.:i E•,i-:: Parking" on i is•:+„ Park Blvd. and McCreary Roads. Seconded by ''. CouncilmanMartin. The?::, vote was as followsa Mayor T1-" r i ..... in favor, Mayor Pro Tem 111jEri L ! favor, _ » _rCa ! ia{ Nec::,t c,. h : , _... favor, .._..{' 1'f!..,,- C", i.,.r.':.;' Councilman {r. t.. ..+ ..... t + t`..,,,+P..n .._..... 7... T'•:. t #' Martin!'. ...r. ••c:. .y Crane .._. • ..ivor , Councilman ,..:r 1'"i t:r .i I'1 r c:.',.•i.... :, and to Councilwoman Donovan :!.r"r favor.., 1 .. carried .. all APPROVAL OF ORDINANCE ES 1 081......'soil.NC) REGULATIONS FOR BUSINESSES SERVING ALCOHOLIC BEVERAGES ON ..1..E"'1E_ PREMISES WITHIN ..I..E.I E CORPORATE LIMITS OF .f..E.,H E C I T...r'a t E r. R o::i y F a i r"r.:r s stated this _..�.....(..F_:'{::I ordinance P..i a s been considered by i #_E..i{•_, Planning and Zoning Commission for some time. The Planning and Zoning Commission looked at five other ordinances from other cities before putting this ordinance in final form to present to the Council . Planning and Zoning Commission recommends this ordinance to Council as a free standing ordinance. All existing private clubs will come under control of this ordinance after three (3) months of annexation or after passage of this ordinance. Mayor Trimble asked Mr. Faires who the other cities ordinances were and how did they compare the ratio of food to drink. Mr. Faires said the Planning and Zoning Commission looked at Plano, Garland, Mesquite, Lancaster and McKinney. The food to drink ratio varied from 50-50, 60 40, 70-30, Plano has 60-40 and Mesquite has 70-30. City Manager Gus Pappas said there were three major topics discussed, one was the food to drink ratio and the Commission had it at 70-30 and changed to 60-40 because other cities said it was easier to control and the cities that have 70-30 do not try and control . Second was the seating and the Commission first had it at 150 seats and changed to 120 seats. The third was the gaming devices. Most of the concern was the ratio of food sales to drink sales. This ordinance is designed to be the kind of ordinance that will keep private clubs more of a restaurant than a bar. This ordinance did come from other city ordinances. City Manager Gus Pappas said he did contact other City Managers and City Attorneys to see how this ordinance worked for their city and if they had trouble enforcing it . Some cities are not have any problems, some are not trying to enforce this ordinance and some said it has not been tested in court. The only one obviously defendable is 50 50. The gaming devices did have a lot of discussion and was finally omitted. This section as written would not allow any type of coin operated video machine. Councilwoman Donovan wanted to know what the seating was for Steaks Over Texas. City Manager Gus Pappas said 190. Councilwoman Donovan said there is $250. 00 fee and then an annual renewal of $200. 00, would this cover the inspections. Mr. Faires said yes, these inspects are done in the office from the reports the owners have to submit. The inspections done on junk yards are done on site . Councilman Martin wanted to know if Planning and Zoning and Mr. Faires were comfortable with 300 feet between private clubs and residential areas. Mr . Faires said that was a policy decision and Council would need to decide. Mayor Trimble asked Mr. Faires want maximum number of feet used on other cities between private clubs and residents. Mr. Faires said from 300 ft. to 500 ft. . City Manager Gus Pappas suggested to amend the ordinance to read from property line to property line. Councilman Crane said under the section of requirements for reports, you take off the six months and for monthly reports from lst month forward. Councilman Crane said to establish that an annual audit be based on calendar year and a six month review. Councilman Crane would also like to raise the ratio to /0-30. Mayor Trimble said he would like to raise the distance to 500 feet . City Manager Gus Pappas said 300 ft. was pretty high, 500 ft . would be ? 1/2 blocks. Mayor Pro Tem Fulgham wanted to know if the Cities that set the ratio at /0-30 enforce their ordinance and wouldn' t the 60-40 be a better ordinance to enforce. Councilman Crane said one concern he has is what the people have been talking to him about and that is having free standing bars. Councilman Crane said he is trying to protect against free standing bars. Motion was made by Councilwoman Donovan to approve the ordinance establishing regulations for businesses serving alcoholic beverages on the premises with the following changes: in section 2. 2 second paragraph, The distance shall be measured from property line to property line; Section 3. 1 change the ratio of food to drink to 70 30; and Section 4. 1 to omit the six months and insert annual . Mr. Rod McCoy wanted to know if Council had to put a specific ratio in this ordinance. Couldn' t it be left with minimum seats and leave it to free market and if there is a problem later, amend the ordinance. City Manager Gus Pappas said Council could pass the ordinance such as you have suggested, but this would leave it open for private clubs. Mayor Pro Tem Fulgham said he had rather put a percentage on this for regulations. Councilman Crane wanted to know what would happen if after a license had been granted, a church or school moved into the area. City Manager Gus Pappas said it would be first come. The above motion was seconded by Councilman Crane. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF ORDINANCE ESTABLISHING REGULA | IONS FOR THE ERECTION OF SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY: Mr. Roy Faires stated that this is an ordinance that the City has needed for some time and does prohibit signs from being in the right-of ways. Councilwoman Donovan wanted to know about the signs that pop up over the week end. Mr. Faires said these would be gone. Mayor Pro Tem Fulgham wanted to permit directional signs for a certain period of time. Councilman Crane said Plano has directional signs from noon Friday through noon Monday. Mr. Faires then ask if Council wanted a certain distance between the signs. Mayor Pro Tem rulgham suggested 100 feet. Councilman Crane said on the real estate, he would like to control in front of his property. City Manager Gus Pappas said to add to the ordinance not to use R-O-W in residential zoning. Cecilia Wood of 515 Woodhollow said at the corner of Stone Rd. and Akin Lane there are a multitude of signs. I do try to maintain the R-O-W and keep it mowed. If I don' t move the signs, then I can not keep it mowed. On this corner is a large sign for Rush Creek Subdivision. John Pierre! 604 Stoneybrook believes the people placing signs on the corner need to ask the property owner for permission. I do not want some builders signs in front of my house. As far as signs on week ends, this is not bad because they have to advertise. Councilman Crane said to place a requirement for signs to be 20 ft. from resident homes. Councilwoman Donovan said to allow the people use vacant lots. Rucker Lewis who is in real estate said at Plano they passed this ordinance and limited the number of signs in each intersection. Mr. Faires suggested directional signs, limit one per builder/developer, 60 ft . apart, use R O-W from noon Friday through noon Monday and use vacant lots. Councilman Crane said in Section 4. E change the temporary construction signs, that a standard sign is 3 square feet. Motion was made by Councilman Crane to approve ordinance establishing regulations for the erection of signs within the corporate limits of the City with the following changes: Section 4. E to be 3 square feet for construction signs; use of directional signs, in residential areas, will be permitted in the right of ways between the hours of 12: 00 noon on Friday until 12: 00 noon on Monday with the following limitations: They shall be placed only in front of vacant lots, only one sign for each builder and/or developer at each location and each sign of an individual builder/developer shall be separated by a minimum of sixty 6 (60) feet , in other than residential areas the stipulation concerning vacant lots does not apply, however all other restrictions apply. Seconded by Mayor Pro Tem Fulgham. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. EGULATIONS FOR MULTI- u� MULTI-STORY BUILDINGS: This ordinance will establish guide lines for developers wishing to apply for PD classification in order to build multi story condominiums or motels. The Planning and Zoning has reviewed this ordinance and recommends it to Council . Motion was made by Mayor Pro Tem Fulgham to approve the ordinance establishing regulations for multi -unit or multi story buildings. Seconded by Councilman Crane. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. pRESENTATION BY MR. DENNY LYNES TO "CONSIDER QUALITY OF TRASH PICK-UP AND ATTITUDE OF PERSON IN CHARGE OF TRASH PICK-UP AT CITY HALL" : Mr. Lynes is the owner/operator of Discount Bait House, stated he has called City Hall a number of times about getting his trash picked up and has stated the problems. I was irate and unreasonable because I could not get my trash picked up. Mr. Johnson was very outspoken. Mr. Johnson told me I would be sited if I put my trash in front of City Hall . After I was picked up and sited, I went back to City Hall and Mr. Johnson said there was nothing the City could do, and that the City did not handle trash . I then talked with Mr. Pappas and he told me he would have someone from public works come and pickup the trash this time for me. When the crew from public works arrived, a truck from BFI also arrived to pick up the trash. CITIZEN PARTICIPATION: Mr. John Pierrel 604 Stoneybrook complimented the Council for conducting business as it should be done. In regards to public service employees, I believe that I as a tax payer am over these employees, if I am irate they should be able to handle the situation and work out the problem without being irate or rude to me. A City employee should handle situations in a polite manner. City Manager Gus Pappas said that the people should know that the trash truck that did arrive was requested by Mr. Johnson earlier that morning. Also it would not have been ordered for public works to pick up that trash except that I did investigate and did feel like we should do something and therefore I gave the order for public works to pickup the trash. City Manager Gus Pappas said when Moore first took over the contract, there was a lot of complaints. As time went by their service level did come up some. Then Moore sold to BFI and BFI was showing a better performance until Christmas but they have not recovered from the holidays yet. At this time of year, there is a lot more trash and you do fall a little behind but not stay behind as BFI has done. Mr . Denny Lynes said he went on this service in November. This did not happen in one day. I called because the dumpster was full and asked if they could pick up the dumpster because everyone else was using it. When they came and picked up the dumpster, they would not pick up the bags of trash. Mr. Maurice Claytor 50 Glen Knoll Dr. wanted to know if in the street program could something be done about Martinez Lane. City Manager Gus Pappas said a commercial developer has put his money up to participate on the street but the property owners would not participate in a water line, and does not know how they would feel about participating in the street program. If Council so desire we can send the letters and see what happens. Mr. Gary Ludwig 301 Valentine, did this ordinance that just passed do so for frontage property and does this mean I will not have to pay for Birmingham Street reconstruction. City Manager Gus Pappas said the word frontage in this ordinance does not apply to frontage only, but applies to what property lies next to the street . Mr. Ludwig said the apartment complex could raise rent to pay for their portion, the townhomes can pool their money for their portion, but a home owner has to bear the cost of a street that is for the City. City Manager Gus Pappas stated that the City is bearing a big portion of this cost with taxpayers money. Mr. Rod McCoy wantedto know if the City had an ordinance with any control over junk cars. City Manager Gus Pappas said yes and if he would see Mr. Faires or Chief Abbott , they could help him. AUTHOR IZATI ON NEW AMBULANCE FOR CITY: This item is budgeted, but with the cost exceeding the $50001 Council must give staff the authority to go out for bids. Motion was made by Mayor Pro Tem Fulgham to grant authorization to go out for bids for a new ambulance. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham in favor , Councilman Westerhof in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AWARD FITTINGS, ACCESSORIES, CONCRETE AND SAND FOR CONSTRUCTION OF A WATER SERVICE LINE EXTENSION: This water line extension is in Lake Ranch Estates. Staff received three bids for the piping, values, fittings, accessories as follows: Ferguson Enterprises $7480. 15 Trans-Tex Supply $/488. 30 Industrial International $7, 761 . 20 Staff received one bid for the sand and crushed rock as follows: Gifford Hill Sand $1 , 989. 68 Rock $414. 96 Staff recommends Ferguson Enterprises in the amount of $7480. 15 and Gifford Hill in the amount of $1 , 989. 68 for sand and $414. 96 for rock. Motion was made by Mayor Pro Tem Fulgham to award bid to Ferguson Enterprises in the amount of $7480. 15 and Gifford Hill in the amount of $1989. 68 and $414. 96. Seconded by Councilman Crane. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . AWARD OF BID FOR CONSTRUCTION MATERIALS FOR SLUDGE DRYING BEDS AT THE WASTEWATER TREATMENT PLANT: Staff received three bids for the construction materials for sludge drying bids from the follows: Ferguson Enterprises $1 , 265. 50 Trans-Tex Supply $1 , 502. 45 Industrial International $1 , 535. 59 Staff received on bid for sand and crushed rock as follows: o/ Gifford Hill Sand $67. 80 Rock $57. 20. Staff recommends the award of bid go to Ferguson Enterprises and Gifford Hill . Motion was made by Mayor Pro Tem Fulgham to award the bid for construction materials for drying beds at the wastewater treatment plant to Ferguson Enterprises in the amount of $1 , 265. 50 and to Gifford Hill in the amount of $67. 80 for sand and $57' 20 for rock. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane in favor, and Councilwoman Donovan in favor. This motion carried with all in favor. AWARD F OR MATERIALS TO BE USED IN THE CONSTRUCTION O METER VAULT AND PUMP HOUSE AT NORTEX GROUND STORAGE TANK SITE: Staff received three bids for the construction materials for the meter vault and pump house as follows: Ferguson Enterprises $13, 971 . 50 Trans Tex Supply $13, 648. 51 Industrial International $17, 749. 32 and from Gifford Hill Sand $546. 00 and Rock $159. 60. After the bids were received, a bid came in from McKinney Steel Company Inc. for the steel that will be needed. This is the only bid received and it was received late, but staff would recommend approval , this bid was in the amount of $13, 028. 10 for the steel . Staff requested this be a part of the records, that this bid is not going to the lowest bidder- because he did not bid in accordance to the specs. Motion was made by Mayor Pro Tem Fulgham to award bid to Ferguson Enterprises in the amount of $13, 971 . 50, Gifford Hill for Sand in the amount of $546. 00 and Rock in the amount of $159. 60 and the steel to McKinney Steel Company Inc. in the amount of $13, 028. 10. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Martin in favor, Councilman Crane in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AWARD OF BID FOR SUBURBAN TO BE USED BY THE FIRE_ DEPARTMENT: The city staff mailed out twelve bid packets and only received two bids. These bids were as follows: Lakeside Chevrolet Spec Bid $15, 974. 82 Alt . Bid $13, 847. 2/ (Auto) Alt. Bid $13, 367. 02 (Std. ) 299. 20 (spare tire) Tedford Chevrolet Spec Bid $14, 825. 00 Alt. Bid - No Bid The staff would recommend the bid go to Lakeside Chevrolet- with the alternate bid with automatic transmission and with a spare tire with a cost of $14, 146. 47. Mayor Pro Tem Fulgham said he had a problem with ordering this when we need other things such as man power, police cars and back hoes, etc. Motion was made by Councilwoman Donovan to award the bid to Lakeside Chevrolet in the amount of $14, 146. 47. ���l Mayor Pro Tem Fulgham said he would go along with reviewing this at mid year when the budget was more stable. Councilwoman Donovan wanted to know if this was part of the package. Mr. Johnson said it was part of the Public Service Package. Mr. John Pierrel said that from what he has been able to find out, he sees no need for this. The fireman he has talked with has told Mr. Pierrel it was for transporting men to fires and to school . Just because you have an item in your budget, does not mean you have to purchase it. Councilman Martin asked what was the primary use of this vehicle. Mr. Johnson said at budget time the Fire Department requested this vehicle, but it was cut from the budget, but later was added along with the public service package when the City purchased the ambulance service. Mr. Danny Allen said this vehicle will be set up for transportation for more manpower at fires without moving the trucks, and to transport men to school and to other cities for emergencies. Mayor Pro Tem Fulgham said the need maybe there at a later date but at this time he could not vote on it. Councilman Martin said the primary use is for transportation. Mr. Allen said yes. Councilwoman Donovan said at the time this was discussed, Mr. Johnson had said it was better to buy now and it would save money. Mr. John Pierrel said he spent 15 years in the Navy fighting fires, and this vehicle is unnecessary. Mr. Pierrel asked the Council if they had justification for buying this vehicle. Councilwoman Donovan said what do you do when you drive fire trucks and have to replace them. Mr. Pierrel said fire trucks will last for 30 years if taken care of . I am for fire protection and good police protection. Cecilia Woods said I am of the opinion that when the Council discussed this that was when justification was made. Council has to made the decision to accept or deny the bids. Mrs. Olympia Margies wanted to know if this was a special fund and will this deplete the fund. Mr. Johnson said it is not an emergency fund, it was part of the public service package. Councilman Crane said he has difficulty with this purchase, I have discussed this with firemen and other cities and this vehicle is to be used to go to school which is not very often. Councilman Crane said he has problems justifying this. Councilman Crane asked Mr. Johnson what happens to this money. Mr. Johnson said it could go for other public service equipment or you can pay it back early. The motion made earlier by Councilwoman Donovan died for a lack of a second. ACCEPTANCE OF RIGHT- TI N ROAD FROM This dedication is for the south half Vinson Road west of Lake Ray Hubbard Mobile Home Park. This R-O-W dedication is needed to provide land on which the 12 inch offsite water line will go. The Engineering Department has reviewed these plans and recommends acceptance of the dedication by the City. Motion was made by Councilman Martin to accept the R-O-W dedication on Vinson Road from Lake Ray Hubbard Mobile Home Park . Seconded by Mayor Pro Tem Fulgham. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in �� , � favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. ACCEPTANCE OF PUBLIC IMPROVEMENTS IN RUSTIC OAKS IV The Engineering Department has made their inspections and tests and recommend these improvements for acceptance. Staff was informed by one of the suppliers to the developer who is threatening to place a lien against these improvements for lack of payment. Unless payment is made and no lien has been filed against this property, the City cannot accept the dedication. Mr. Roy Faires has a signed letter from the developer stating that any liens placed on these improvements will be taken care of by them, and this letter will protect the City. At this time there is no lien, but there is a threat of lien. Mr. Rucker Lewis representative of Dobie Development said what has happened is a sub-contractor did not pay his materials bill for concrete. Dobie has the money and will pay this bill to the concrete company. Dobie did pay the sub-contractor. Mr. Faires said the developer feels he is being held up on the project, as he did not understand our sub division from the beginning. The developer was ready to build the apartments several months back and came in to get his permit. At that time was told he could not start the apartments until the sub-division was complete. Councilman Westerhof stated if Dobie Development expressed their willingness to be responsive, why has it not been done. Motion was made by Councilman Westerhof to table this item until the next meeting. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor to table. APPROVAL The Planning and Zoning Commission and the City Staff has worked together in putting this land use plan map together, and are recommending it for adoption. This map takes in what is now in the City and what could be in the City at a later date. These plans are just as a guide line and maybe amended as needed. Motion was made by Mayor Pro Tem Fulgham to approve the land use plan. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. COUNCIL DISCUSSION: Councilman Crane wanted to apologize to the Park Department, he was under the impression that the playground equipment had been done by contractors not employees. Also, last week it was suggested that Council did not study their packet because they were not creased, I studied mine and it does not have to be creased until you put it on a flat surface. Councilman Martin said he has a location of an abandon vehicle and will pass it on to Code after the meeting. City Manager Gus Pappas said the City Attorney wants to meet tomorrow night with the Council to discuss the Wylie Sachse Boundary. Change meeting time to 6: 00 P. M. Also would like to inform the Council that there was a major sewer line break in the City. / he crew was working on a section putting in a new tab when a long section of the the line cracked. The crew is replacing some 160 feet of line with PVC and this is located behind Valentine Street . ��-1 Mayor Pro / em Fulgham said he worked back with the City when staff contracted out the engineering. There were a lot of problems. The biggest boost the City ever had was to hire Mr. Santry. Mayor Pro Tem Fulgham said he would agree to this increase of $2. 00 more per hour. City Manager Gus Pappas said Mr . Santry is one of the unusual employees that under our Charter, works for the Council , and is pleased to recommend to the Council this increase for Mr. Santry. Motion was made by Mayor Pro Tem Fulgham to approve the increase of $2. 00 more per hour for Mr . Santry. Seconded by Councilman Martin. We vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor. Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. | his motion carried with all in favor. Motion was made to adjourn with all in favor. --------------------------------- Chuck Trimble, Mayor ATTEST: _ ........... _..............._____............. ............. ................................._.............. Carolyn Jones, City Secretary CALLED CITY COUNCIL MEETING - MINUTES JANUARY 14, 19B7 6: 0O P.M. The Wylie City Council met in a called session on Wednesday, January 14, 1987 in the Conference Room at City Hall . 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 Pro Tem Fulgham, Council Members Calvin Westerhof , William Martin, Sandra Donovan, and Kent Crane, City Manager Gus Pappas, City Secretary Carolyn Jones, Code Enforecement Officer Roy Faires, Larry Jackson, City Attorney. Mayor Chuck Trimble arrived late due to a previous appointment. Mayor Pro Tem Fulgham called the meeting to order . ACCEPTANCE OF PUBLIC IMPROVEMENTS IN RUSTIC OAKS IV,__pHASE IL Mr. Roy Faires stated that Dobie Development has obtained a payment bond in the amount of $71 , 069. 20.. This is the amount of the outstanding bill . Motion was made by Councilman Westerhof to accept the improvements in Rustic Oask IV, Phase 1 since the Council has received a payment bond in the amount of $71 , 069. 20. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor , Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. Mayor Trimble recessed the open meeting and convened Council in executive session under the authority of Article 6252-1 / V. A. C. S. , Section 2, paragraph ''e" legal matters, relative to litigation between cities of Wylie and Sachse. Mayor Trimble reconvened the open meeting and stated that litigation between Wylie and Sachse were discussed with the City Attorney. Motion was made to adjourn, with all in favor. ..................................... ..........................................___............ _......... Chuck Trimble, Mayor ATTEST: __...................._................................. ............_.................. ............. .............. __ Carolyn Jones, City Secretary � �� CALLED CITY COUNCIL MEETING - MINUTES JANUARY 19, 19B7 6:0O P. M. The Wylie City Council met in a called work session on Monday, January 19, 1987 at 6: 00 P. M. in the Conference Room at City Hall . 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 Chuck Trimble, Council Members Kent Crane, Sandra Donovan and William Martin, City Manager Gus Pappas, and City Secretary Carolyn Jones. Mayor Pro Tem Fulgham and Councilman Calvin Westerhof were absent. Mayor Trimble called the meeting to order. City Manager Gus Pappas informed the Council of a bill received from the veterinarian in the amount of $46. 00. A citizens dog was picked up by the City and kept in the City pound for one day. When the citizen picked up the dog, the citizen felt the dog was acting funny and took the animal to the veterinarian. The veterinarian told her that the City pound had a virus and the citizen believes her dog is sick because of our pound. I suggest we go ahead and pay this bill , but felt you should be told about it . Mr. James Butts of the Chamber office has asked if any of our Council would like to go to Austin with some of the Plano Council and Chamber members to lobby for the highway program. They will be leaving on January 27th and returning on January 29th. You can take the bus with the group or the City will fly you to Austin. Just let my office know if you want to go. The work session has been called to discuss the street program, the City Manager Gus Pappas gave the following outline and plans for discussion: 1 . All studies based on getting 20 miles of streets 2. Street width kept constant (44 ft. ) 3. Assessments paid on 3 year plan 4. Council would want to keep dollars from growth of tax base separate 5. Tax base growth of first five (5) years higher and rest of years 7% 6. Except for Plan 3 - all bond issues are for concrete streets 7. Finance cost of bond issues are kept constant S. The City has 27 miles of bad streets (but used 20 miles for study) 9. Average useful life of street is 25 years. 10. No other needed bond debt has been added 11 . Property appreciation is covered in tax base growth There were six plans discussed as follows: / ��� . � PLAN 1 . 1 . Concrete plus streets 2. Each year issue $1 million bonds 3. No adjacent property owner assessments 4. Get 20 miles of streets in year 2007 5. It cost all of us $47, 100, 000. 00 6. It cost property owners (adjacent) "0" Good - no assessments - concrete streets first time - contract out Bad - High taxes - 20 miles don' t come soon enough to justify high taxes, makes it hard to bond for other needs PLAN 2: 1 . Concrete plus streets 2. Every other year issue $1 million bonds 3. No adjacent property owners assessments 4. Get 19 miles of streets in year 2025 the 20th mile would be in future 5. It cost all of us $29, 000. 000. 00 6. It cost adjacent property owners "0" Good - no assessments - contract out Bad worst of all - too slow and high taxes PLAN 3: 1 . Recycle streets r. $1 million bond issue in 87 only 3. City assesses for materials approximately 40% of cost 4. Get 20 miles of street in year 2005 5. Cost all of us $6, 9044, 329. 00 6. Cost adjacent property owners $2, 335, 761 . 00 Good - Quicker streets - mild assessments - only pay when you get new street new sub-divisions pay little Bad - not fast enough to justify bond PLAN 4: 1 . Recycle streets 7. No bond issue 3. City Assesses for materials approximate 40% of cost 4. Get 20 miles streets in 2006 ��~ 5. Cost all of us $5, 062, 908. 00 6. Cost adjacent property owners $2, 3911449. 00 Good - mild assessments - only pay when you get street new subdivision pay little Bad - Slow start - needs council support and informed public PLAN 5: 1 . Recycle streets first - later concrete when City can afford it (2017) 2. No bond to start (later) 3. City assesses for materials approximate 40% of cost ---- no assessment on later (2017) concrete streets 4. Get 20 miles of streets in the year 2006 5. Cost all of us $5, 062, 208. 0O 6. Cost adjacent property owners $2, 391 , 449. 00 Good - Same as Plan 4 but also shows long term conversion to concrete streets when City can afford it PLAN 6: 1 . Concrete plus streets 2. Bond issue $1 million each year 3. Assessment by classic method 1 /3, 1 /3, 1/3 4. 20 miles of street in year 1997 5. Cost all of us $16, 795, 931 . 00 6. Cost adjacent property owners $11 , 163, 954. 00 Good most common needs - little explanation - quickest Bad - most costly to adjacent property owners high tax rate - penalizes new subdivisions After Council discussion on each of the above, a motion was made to adjourn with all in favor. _..... .... .... ..... ... .... ..... _.... _.... _..... _..... ..... ... ... __..... _.... _ Chuck Trimble, Mayor ATTEST: --------------------------------- Carolyn Jones, City Secretary 1� �� MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAY, JANUARY 8, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on January 8, 1987 in the Community Room at 800 Thomas Street. A quorum was present, notice of the meeting had been posted for the time and in the manner required by law. Those present were: Vice- Chairman Brian Chaney, Ken Mauk:, Ben Schoulz, Fred Ouellette and Bill Chapman. Representing the city staff was Gus H. Pappas, City Manager; Roy Faires, Code Enforcement Officer and Amanda Maples, Secretary. The meeting was called to order at 7:00 p. m. by Vice- Chairman Brian Chaney. ITEM NO. 1 - APPROVAL OF THE MINUTES OF NOVEMBER 6. NOVEMBER 20 AND DECEMBER 4. 1986 - Ben Schoulz changed three items on the minutes of November 6, listed as follows: Page 4 Item No. 5 paragraph 3 - "procedure" was misspelled. Page 6 Item No. 8 paragraph 1 - should be stated that the City Council must approve. Page 7 Item no. 8 paragraph 2 - the word "you" should be stricken from the last sentence. Ben Schoulz made a motion to approve the minutes with these changes noted. Bill Chapman seconded the motion. Motion carried 5-0. ITEM NO. 2 - RECOMMENDATION TO COUNCIL ON PRIVATE CLUB ORDINANCE - This was brought back before the Planning and Zoning Commission for consideration following research concerning the percentages of food versus alcohol in other cities. Mr. Pappas stated that upon visiting with various legal councils of other cities, his findings were that while they were sure about defending a 50/50 ratio in court because of the strong logical point that if the percentage was more one way than the other then you clearly had an establishment that was more a bar than a resturant or more a resturant than a bar. However, any other percentage ratio might be considered arbitrary and capricious and might not hold up on court. He went on to say that most of the other cities had set their percentages as high as Wylie 's or higher. He then stated that he had visited with one city that while the passing of the private club ordinance was a heated issue, the enforcing of the ordinance had since fallen by the way side. He asked if the businesses that had been sending in voluntary audits had any problem complying with the ordinance, apparently they were not. Mr. Pappas assured the Planning and Zoning Commission that if this ordinance was passed, he intended to enforce it. /7 • Mr. Faires stated that this ordinance has previously been offered as an amendment to the Subdivision Ordinance. It is now being offered as a free standing ordinance with a clause to force existing businesses to come into compliance within 90 days. Ben Schoulz stated that he had visited with a city that has a simular ordinance for private clubs. For the first three quarters of the year they had their ratio set at 60/40 and the business had no problem complying. He stated that this particular city 's ordinance stated that the private clubs had to provide the City with reports on a quarterly basis. This city also uses a PD Zoning rather than Zoning Districts. I also visited with a private club owner who felt that the number of acres in the zoning district was too restrictive. I feel that the 70/30 ratio is too high, 50/50 would be more fair and easier to enforce. Vice—Chairman Brian Chaney said that he would not be opposed to a 60/40 or a 65/35 ratio. Bill Chapman stated that he would not be opposed to a 65/35 ratio. Fred Ouellette stated that he would like to see some of the permit fees, paid by Private Club Owners, be consolidated. Also, he felt that a 70/30 ratio was too high, 50/50 seemed to be fair and more easly enforced. A 50/,7i0 ratio would not prevent nice resturants and clubs from comming into Wylie. Mr. Pappas stated that the opinion that he had gotten from the attorney was, while a higher ratio than 50/50 might be considered arbitary and capricous, it has never been tested in court. Fred Ouellette commented that in some of the other cities that were not actively enforcing their Private Club Ordinances, it could be that they are afraid that they would loose if chalanged in court. He was also concerned that if an establishment was forced to make food service available at all times that alcohol was served, it might be an unusual burden to their business because after 9 or 10 o 'clock p.m. people usually don 't eat and keeping a full kitchen staff on hand would increase their overhead expences. He also felt that 150 dining chairs was too high, and that section 3. 6 on gaming devises should not be included as part of this ordinance because gambling was controlled by the Texas Alcohol Commission. While he had no problem with requiring the private clubs to have an annnual audit, he felt that their should be some grace period in case the C. P. A. was unable to get the reports filed in time. //1 Mr. Pappas said that the City. is only asking for a small initial part of what a C. P. A. would do for his client anyway which would be the gross sales divided into two reports. Ben Schoulz asked if their would be any problem in using the monthly sales reports that are filed with the State Comptroller and the Texas Alcohol Commission. Mr. Pappas said that those reports could be used because their is a penality for fraudulence in filing both of those reports. We could also require an_ annual audit in addition to the submittal of these reports. Fred Ouellette was concerned about the fact that no mention is made in the ordinance as to the type of entertainment allowed, such as dancing. Mr. Pappas said that if it is not specifically mentioned as not being allowed then you can assume that it is allowed. Mr. Faires stated that a Dance Hall would fall under a seperate ordinance. Ken Mauk asked, in Section 6.4, for non-compliance would the whole establishment be shut down. Mr. Faires stated that the resturant would be allowed to remain in operation. Bill Chapman asked how many square fee, is required per dining chair. Fred Ouellette said that 12 square feet per chair is required. Mr. Pappas stated that using 150 chairs at 12 square feet per chair a dining room could be 42 'x 42' and meet the minimum square footage requirment. Vice-Chairman Brian Chaney asked to tie down the changes in this ordinance before any motion was made. The changes are as follows: 1. Section 2. 3 Application for a special use permit must be made within 3 months of the date of passage of this ordinance. 2. Section 2. 5 Delete Golf and Country Clubs and nationally recognized social or fraternal organizations will be exempt only if recognized by the Texas Alcohol Commission. /q 3. Section 3. 1 Not less than sixty percent (.607.) of the gross receipts of such establishment shall be derived from the sale of food consumed on the premises. 4. Section 3. 2 A minimum of 120 dining seats will be allowed. 5. Section 3.6 Omitt. 6. Section 4. 1 The permittee of each Private Club in the city which has been in operation for at least six (6) months prior to a December 31st calendar year shall submitt to the City Manager or his duly authorized representative on a monthly basis, a copy of the report sent to the Texas Alcholic Beverage Commission and a copy of the sales tax report sent to the State Comptroller. 7. Section 4. 2 It is unlawful for an establishment not to furnish the City with the above stated reports on a monthly basis. B. Section 4. 3 Omitt. 9. Section 4.4 Omitt. Bill Chapman made a motion to pass this ordinance with the above mentioned changes. Ken Mauk seconded the motion. Motion carried 5-0. ITEM NO. 3 - RECOMMENDATION TO COUNCIL ON SIGN ORDINANCE — Mr. Pappas stated that this document isAloeing presented to the Planning and Zoning Commission at the request of the City Council and will be an amendment to the Zoning Ordinance. Vice-Chairman Brian Chaney asked to tie down any changes to this ordinance before an motion is made. Changes are as follows: 1 . Aritcle I, Section 1, Paragraph 3 - should read Gross Surface Area of Sign. 2. Article II, Section 2 - Reference made to temporary permits should be deleted 3. Article II, Section 12 - It shall be unlawful for any person, firm or corporation receiving such written notice etc. 4. Article III, Section 4 - Advertising signs shall not exceed four hundred (400) square feet where legal speed limits are in excess of 50 m. p.h.(2;30 Mr. Faires stated that he needed to add include, in this ordinance, the zoning classifications that these signs would be restricted to. Ken Mauk made a motion to approve this ordinance with the changes noted above. Ben Schoulz seconded the motion. Motion carried 5-0. ITEM NO.4 - RECOMMENDATION TO COUNCIL ON "CONDO" ORDINANCE - Mr. Faires stated that this ordinance pertains to structures that are 3 or more stories or are 30 feet or more in height. Mr. Pappas said that this is not covered in our present zoning ordinance and this will fill the hole and provide a minimum standard for structures of this nature. It was suggested that through Section 6 of this ordinance an amendment be made to the Current Zoning Ordinance in all subsections making reference to maximum height to read as follows: "except where said structures contain bedroom units. " Ben Schoulz made a motion to accept this ordinance with the above mentioned provision added. Fred Ouellette seconded the motion. Motion carried 5-0. ITEM NO. 5 - RECOMMENDATION TO AMENDMENT TO SUBDIVISION ORDINANCE PERTAINING TO MAXIMUM SLOPE & RETAINING WALLS - This item is on the agenda at the request of Wanda Bledsaw. Mr. Faires made reference to the SuNivision Ordinance Section 6, paragraph 5, "The maximum ground slope from the edge of the sidewalk on the property line side shall not exceed eleven percent (11%) . If it does exceed eleven percent ( 11%) a retaining wall shall be provided on the property line that is acceptable to the City Engineer. " He also made reference to a newsletter dated September 18, • 1986, under Construction Activity which explains this requirment. He stated that Mr. Bledsaw is on the mailing list and that he was aware of this ordinance when he aquired the building permit for the particular structure in question. Mr. Faires also provided data from the City Engineer to support this ordinance. Mr. Bledsaw said that he was concerned both as a homeowner and as a builder. As a homeowner in Quail Hollow where most of the homes are required to have retaining walls, I don ' t want them to build the retaining walls out of old railroad ties and logs which can be aquired cheep and in just a few years they are falling down and look terrible. As a builder, I don ' t want to be forced to spend $5, 000. 00 for a retaining wall every time I build a house. . Mr. Pappas stated that as of now there are no minimum specifications for retaining. walls and their are no provisions for an alternate means of compliance. Vice-Chairman Brian Chaney asked Mr. Bledsaw if he wanted the ordinance changed or specifications added for the retaining walls. Mr. Bledsaw said that he was offering to completely sod the front and side yards as an alternative to the retaining wall, however, he felt that some minimum standard should be set for retaining walls. He went on to say that sod was a good alternative to the retaining walls because the highway department uses sod to hold the soil on huge slopes by bridges. Vice-chairman Brian Chaney stated that along highways the state maintained any erosion problems and that an individual may not maintain such a problem. A retaining wall will last for several years without maintenance. Mr. Chaney asked that an item be put on the next agenda to consider minimum specifications for retaining walls. Mr. Pappas asked Mr. Bledsaw if he was offering to fully sod in lieu of building a retaining wall. Mr. Bledsaw said yes, if the slope is very bad the Federal National Mortgage Association (FNMA) and the Federal Housing Authority (FHA) will not let us build. Brian Chaney asked Mr. Bledsaw to get ,?the FHA and FNMA reguirments for the Planning and Zoning Commission so that they can be reviewed with the specifications for the retaining walls. No motion was made concerning this item. Mr. Pappas informed the Planning and Zoning Commission that the next meeting on January 22, 1987 would be a joint meeting with the Parks and Recreation Board concerning the Park Land Dedication Ordinance. • ITEM NO. 6 - ADJOURN - Ben Schoulz made a motion to adjourn the January 8, 1987 meeting .of the Planning and Zoning Commission. Vice-Chairman Brian Chaney seconded the motion. Motion carried 5-0. Brian Chaney, Vice-Chairman Planning & Zoning Commission Respectfully Submitted: .affadid‘4' ii.pe•hd) Amanda Maples, Secretary PARKS & RECREATION BOARD MEETING - MINUTES JAN0ARY 6, 1987 7:O0 P. M. The Parks & Recreation Board of the City of Wylie met in regular session on Tuesday, January 6, 1987 at 7: 00 P. M. at the Community Room. Notice of the meeting had been posted for the time and in the manner required by law. Those present were Vice Chairman Curtis Hale, Willie Benitez , Morris Love, Jayne Chapman, City Manager Gus Pappas, City Secretary Carolyn Jones, Acting Public Works Director Kenneth Moelling. Those absent were Chairman Derek Ammerman, Peggy Sewell and John Morgan. Curtis Hale, Vice Chairman called the meeting to order . TES: Minutes were submitted for approval for the December 2, 1986 meeting. Mr. Hale questioned the statement of the school saying WSA could not use the school gyms. Mrs. Chapman said she had also heard the track had been closed to the public. Motion was made by Mrs. Chapman to approve the minutes as submitted. Seconded by Mr. Benitez . All were in favor. RECOMMENDATION TO CITY FqB,Q1y,qURqET FOR FISCAL YEAR 1987-88 TO INCLUDE PARKS AND RECREATION IDEgCTOR: This is a position that has been discussed several years and there is a need for a full time Parks and Recreation Director. City Manager Gus Pappas said if this is a desire of the board, then there would need to be a memo sent to the Council requesting this position be a part of the 1987-88 budget. Mrs. Chapman asked about using college student. City Manager Gus Pappas said this was looked at last summer, but to hire two students, you need a full time person with a degree over them for the student to receive credit. Mr . Hale asked where the swimming pool was on the priority list . City Manager Gus Pappas said it was not on the list . Mr. Hale said the next step is to approve the Park Land Use Plan and then put together the priority list for the park . All were in agreement of sending a memo to the City Council requesting a full time Parks and Recreation Director. APPROVAL OF PARK MASTER All All were in agreement of approving the Park Master Plan. Mr . Hale said that Mr. Morgan would like for WSA to meet with the Park Board so WSA would know what the board was planning for our parks. APPROVAL AND RECOMMENDATION OF PARK DEDICATION ORDINANCE: After some discussion, it was decided to have a joint meeting with the Planning and Zoning Commission on January 229 1987 to make ready the Park Dedication Ordinance for the City Council approval . . Motion to adjourn with all in favor . ............... ..................................................... ........____ ........................... __ Curtis Hale, Vice Chairman Respectfully submitted: ---------------------------- Carolyn Jones, City Secretary e ( 4 ,a'4 # "t,., F° `.% st is l'.� 'x *"y x. f 3a4,'; 411w Jl a yor I; I. Hitt* txat 4 I reillb rottamattott AMERICAN HISTORY MONTH PROCLAMATION WHEREAS: The backbone of this great nation of America is its history, upon which all of our accomplishments are based; and WHEREAS: American History must be preserved and remembered by all, young and old; and WHEREAS: The Daughters of the American Revolution is now and always has been a living history of the growth of our nation, and stresses the importance of remembering American History through such valuable community services as educational programs, essay contests and such; and WHEREAS: Both the importance of remembering American History, and the contributions made to our society by the Daughters of the American Revolution should be duly noted, NOW, THEREFORE, I, Charles Trimble, do hereby proclaim the month of February, 1987 to be AMERICAN HISTORY MONTH IN WYLIE and I urge all Wylie residents to join with me this month in recognizing the importance of American History in our lives, and in recognizing the community service performed by the Rockwall Chapter, Daughters of the American Revolution, in our area. '' Un witness urfitteof LI I ave %euunto set my Iand , ► .. ,,..' and caused tfie seat of gis city to tie affixed. IC o Gila yot Charles Trimble, Mayor Date January 27. 1987 . d f53•B yy S - i w :.Tk * — / V _ '.r ..: +. ,e.'G ' NOTICE OF GENERAL ELECTION (AVISO DE ELECCION GENERAL) To the Registered Voters of the City of Wylie, Texas: (A los votantes registrados del Cuidad de Wylie, Texas: ) Notice is hereby given that the polling places listed below will be open from 7:00 A. M. to 7: 00 P. M. on April 4, 1987 for voting in a general election to elect Council Place 1 , Council Place 3, and Council Place 5. (Notifiquese, por las presente, que las casillas electroales sitados abajo se abriran desde las 7: 00 A. M. hasta las 7: 00 P. M. el 4th de April , 1987 para votar en la Eleccion General para elegir Concejale for Jugar 1 , Concejale for Jugar 3, and Concejale for Jugar 5. LOCATION OF POLLING PLACE: First United Methodist Church Fellowship Hall (DIRECCION DE LAS CASILLAS ELECTROALE) : Uno Unidad Iglesia Methodist Felofip Hol Absentee voting by personal appearance will be conducted each weekday at 108 S. Jackson, City Hall in the City Secretary' s Office between the hours of 8: 00 A. M. and 5: 00 P. M. beginning on March 16, 1987 and ending on March 31 , 1987. (La votacion en ausencia en persona se llevara a cabo de lunes a viernes en 108 S. Jackson, Ciudad Hol , Ciudad Secretario' s Oficio, entre las 8: 00 de la manana y las 5: 00 de la tarde empezando el March 16, 1987 terminado el March 31 , 1987. ) Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a: ) Carolyn Jones, City Secretary Absentee Voting Clerk P O Box 428 Wylie, Texas 75098 Applications for ballots by mail must be received no later than the close of business on March 27, 1987. (La solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el March 27, 1987. ) Issued this the 27th day of January 1987. (Emitada este dia 27th de January, 1987. _........__.........._________ Chuck Trimble, Mayor Chuck Trimble, Alcalde ���� ' ORDER OF ELECTION FOR MUNICIPALITIES An election is hereby order to be held on December 6, 1986 for the purpose of : Electing a Council Members for Place 1 , Place 3, and Place 5 Absentee voting by personal appearance will be conducted each weekday at 108 S. Jackson, Wylie, Texas, between the hours of 8:00 A. M. and 5:00 P. M. beginning on March 16, 1987 and ending on March 31 , 1987. Applications for ballot by mail shall be mailed to: Carolyn Jones, City Secretary Absentee Voting Clerk P O Box 428 Wylie, Texas 75098 Applications for ballots by mail must be received no later than the close of business on March 27, 1987. Issued this the 27th day of January 1987. Chuck Trimble, Mayor �� ORDEN DE ELECCION PARA MUN3CDPIOS Por la presente se ordena que se llevara a cabo una eleccion el April 4, 1987 con el proposito de: Eleccion - Concejale Lugar 1 , Lugar 3, Lugar 5 La votacion en ausencia en persona se llevara a cabo de lunes a viernes en 108 S. Jackson, entre las 8:00 de la manana y las 5:00 de la trade empezando el March 16, 1987 y terminando el March 31 , 1987. Las solicitudes para boletas que se votaran en ausencia por correo deberan enivarse a: Carolyn Jones, Ciudad Secretario Votacion En Ausencia P O Box 428 Wylie, Texas 75098 Las solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el March 27, 1987. Emitida este dia 27th de January, 1987. Chuck Trimble, Alcalde C-5?�� � � NOTIFICATION OF APPOINTMENT FOR CLERKS TO: .Fgggy_ h --------__-_-_- _ar1isle_ _. _NgY&i9xd _ /Iux t Notice is hereby given that you have been appointed to serve as clerks in the Council Election for precincts 27, 56 and a portion of 25. Your Election Judge is _Saympi.a_MargiP,s _. Your appointments are for the election to be held on April 4, 1987. Carolyn Jones, City Secretary Election Administrator K:�: NOTIFICATION OF APPOINTMENT AS JUDGE TO: ---Ulyolzia--Marglaa_____ Notice is hereby given that you have been appointed presiding judge for precincts 27, 56 and a portion of 25. The precinct boundaries for the election precincts are attached. Your appointment is for the Council Election to be held on April 4, 1987. Carolyn Jones, City Secretary Election Administrator -�~ r NOTIFICATION OF CANVASSING BOARD TO: Ernest Adkins Maxine Williams Thomas Maynard Cleo Adams Notice is hereby given that you have been appointed to serve on the canvassing board for the April 4, 1987 Council Election for. precincts 27 and 56 and a portion of 25. Your duties will be to count the votes from said election. Carolyn Jones, City Secretary Election Administrator ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE NO. 62-13 REGULATING THE LEAVING OF DEBRIS IN CITY STREETS; SPECIFICALLY SECTION 1 AND SECTION 2;PROVIDING FOR PENALTY; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WE THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS DO HEREBY ORDAIN: SECTION 1. That it shall hereafter be unlawful for any person, firm, or corporation to leave debris and/or dirt on a City street for any period of time in excess of four (4) hours. SECTION 2. PENALTY Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be subject to a fine of not more than that established by Texas State Law. Each day the violation continues shall be considered a separate offense. SECTION 3. PUBLICATION The caption of this Ordinance shall be published one time in the official newspaper of the City of Wylie. SECTION 4. SEVERABILITY It is hereby declared to be the intention of the City Council that should the sections, paragraphs, sentences, clauses, and phrases of this Ordinance be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections. SECTION 5. EFFECTIVE DATE This Ordinance shall become effective immediately upon passage and approval by the governing body of the City of Wylie, Collin County, Texas. PASSED AND APPROVED ON THIS THE 27TH DAY OF JANUARY, 1987 BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS. Chuck Trimble, Mayor , City of Wylie ATTEST : Carolyn Jones, City Secretary ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, ESTABLISHING "NO SMOKING" REGULATIONS DURING OPEN PUBLIC MEETINGS OF CITY BOARDS AND COMMISSIONS; PROVIDING FOR PUBLICATION OF THE CAPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS THAT: SECTION 1. Smoking will be prohibited during open, public meetings of : 1 . The City Council of the City of Wylie. 2. The Planning & Zoning Commission of the City of Wylie. 3. The Parks & Recreation Board of the City of Wyle. 4. Zoning Board of Adjustments of the City of Wylie. SECTION 2. PUBLICATION The caption of this Ordinance shall be published one time in the official newspaper of the City of Wylie. SECTION 3. SEVERABILITY It is hereby declared to be the intention of the City Council that should the sections, paragraphs, sentences, clauses, and phrases of this Ordinance be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections . SECTION 4. EFFECTIVE DATE This Ordinance shall become effective immediately upon approval and passage by the City Council of the City of Wylie and upon publication of the caption in the official newspaper of the City of Wylie. PASSED AND APPROVED ON THIS THE 27TH DAY OF JANUARY, 1987 BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS. Chuck Trimble, Mayor , City of Wylie ATTEST: Carolyn Jones, City Secretary ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, ESTABLISHING A MASTER PLAN FOR PARKS AND RECREATION AREAS FOR THE CITY OF WYLIE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WE, THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, DO HEREBY ORDAIN THAT: On this date, the Parks Master Plan for the City of Wylie, as filed with the City Secretary, was officially adopted. The Park Zones necessary for the implementation of the Park Dedication Ordinance, are declared to have the same boundaries as those defined in the Lift Station District Ordinance. PUBLICATION: The caption of this Ordinance shall be published one time in the official newspaper of the City of Wylie. SEVERABILITY: It is hereby declared to be the intention of the City Council, that should the sections, paragraphs, sentences, clauses, and phrases of this Ordinance be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections . EFFECTIVE DATE: This Ordinance shall become effective immediately upon approval and passage by the governing body of the City of Wylie, Collin County, Texas. PASSED AND APPROVED ON THIS THE 27TH DAY OF JANUARY, 1987 BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS. Chuck Trimble, Mayor, City of Wylie ATTEST: Carolyn Jones, City Secretary REQUEST TO BE PLACED ON AGENDA Date For next Council Agenda____ L- , /f 14767 I , request that the following item be placed on the City Council Agenda. Consider: _ r.f. /1)- _,/lecli__ _4-7_ f_-_ __a___ ____ 0-,e.._ e ‘ qi AS6, IC -J.L „ &mod , g6 Sa d_136 - S1 --/* 1-1)--Altii- ct _a,,,,_. dx._-_, -1,.-A--y_., fzk-ine. - r --� �'eason for request:�t�st: W2-4 il-e-r---1— __e-:-.1. ?-_-7__ .- ___‘ __ ''_.Z.;__A-±..e _L-Z.,41.,_ -Thank you, )94./_,, i_ Signature _min i---s-. LI 70 Street City, tTe;as Zip Code q / / ` 1225/2- Phone Number- COUNCIL DIRECTIVE NO. 2 TO: CITY MANAGER FROM: CITY COUNCIL DATE: JANUARY 27 , 1987 SUBJECT: TORT CLAIMS The City Council of the City of Wylie recognizing the periodic need for the specialized services of a professional claims adjustors on a contractual basis, does hereby authorize the City Manager to contract for such services as the need may arise. The purpose of such contractual services shall be to determine the validity of large ( in excess of $500.00) or questionable tort claims against the City of Wylie. The City Council also authorizes the City Manager to settle claims against the City whose dollar value does not exceed $500.00 based upon his own investigation and findings or those of his staff. Records shall be kept of each of these actions. Major claims ($2500 and over) will be handled by the insurance companies and the City Attorney and will require Council action. PASSED AND APPROVED ON THIS THE 27TH DAY OF JANUARY, 1987 BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS. Chuck Trimble, Mayor 1/ / M E M 0 R A N0U M DATE: � : u ,i � '«� us G . a$��as, City Manager FROM: I . W. Santry, Jr. , P. E. , City Manager SUBJECT: Plat and/or Plans Approval The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. �� �� Preliminary Plat to Planning and Zoning Preliminary Plat to City Council Final Plat to Planning and Zoning . Final Plat to City Council /°8����.4 7-� Construction Plans to City Council for construction approval only �� �� Final Plat to City Council for subdivision acceptance along with final inspection statement ~~� COMMENTS: �� lot IWS/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File ' _ ' , RECOMMENDATION FOR APPROVAL AND ACCEPTANCE • Project Name and Location: PEQ A%f 20,sfm .s5 At* Pie a • Date Started: J4N.. 4 ) 3 4a Date Complete %hq .j, a/) ► 9 S7 Lab and other tests: Streets: 9/l T�s //�i� (,r/•� ,t! /49'ec 46MCieJo e,I/ (�y1, ✓,r�C�Gi1`�tAt'OW f9,q ieeJQ/7/ 14-1e.cPie SN ,qt 0, y Alleys: A//n Water Lines: ,9I?i= g /� Alec e-j?1`-,v,11.2 Wastewater Lines: ,Qif ,v// , .c, h.4, Al-- Manholes: fee At/ AccC,3/a4l& Drainage: •iS bp 5,14'ccAs 8wlyJ Ail je4;,yg Adefci4Itely Stormsewage: /1//,q We the under sign recommend the acceptence of this pr je t. �'�A Sub Division Inspector n Date City Engineer •� �.._ �- 1-2/- �- Sign ate Accepted by City Council Date 19 Final Inspection Prior to (1 ) year Date 19 Sign Remarks: Date of Notification 19 Person or Persons Notified • TO: COUNCILMEMBER DONOVAN FROM: GUS PAPPAS, CITY MANAGER DATE: JANUARY 20, 1987 RE: STREETS LIGHT IN KINSINGTON MANOR Attached are copies of information obtained by and from Roy Faires, Code Enforcement Officer, regarding costs for street lights in Kinsington Manor. You can review this information and let us know how you would like to proceed . cc: City Council attach: (2) 9-cum gt daak �f ROY FAIRES Q' 3 re ✓`,Fed 0'0 a / e /%e-•, I`- Pr.. (—C.-- w,3.1lc 6 p1,1 T`+/ d A-l S wa w v✓ /✓ "'� TJy If • I440.00 TEXAS POWER & LIGHT COMPANY P. O. Box 461447 • Garland,Texas 75046-1447 Vecemben 3, 1986 Mn. Roy Faixe6 City In6pecton City os Wyei.e P.O. Box 428 Wyt i.e, Texas 75098 Dealt, Mn. Fa i ne6: I was .monied os yours neque6t ion the £nstattation of two At/met tight!. in K,c.naington Ea to tea. The coax pen At/met fight, extud i.ng boning changed and excess txenching costa oven 125', w,itt be $465.00. Tnench.ing coat i4 $2.05 pen foot oven 125'. 8onei.ng coat .L4 $10.77 pen foot. Ptease contact me at 487-2355 you have any que6t.i.on6 on conment6 conceAn.- .cng your nequeAt icon street Light6. V e.k ytnu t y youn6, Tondn iguez Cuatomen Senvicea TR:ks cc: Randy Anp COR.210 Pro jest Fite A DIVISION OT TEXAS UTILITIES ELECTRIC CO. of\fy1te CITY OF WY I_,IE 1,Th S JACKSON P O. HOX 428 WYUE TEXAS 75n ', January 22 , 1986 To : Gus Pappas From: James Johnson Re : Street Light Funding- $2100 . 00 In response to your inquiry regarding the availability and/or feasibility of funding 4 projected expense of $2100 . 00 for additional street lighting in the Kenningston Addition , I therefore , offer these alternatives given that there are presently no capital funds budgeted for this type of project : 1 . Revenue Sharing Funds - there is a residual of approximately $5450 . 00 left from the 1985-86 fiscal year . These funds were originally budgeted for paving/street materials . 2 . Reallocating funds in the General Fund , one or more depart- ments , to fund a capital line item in Department 420- Streets and Drainage . This can accomplished at budget revision time or at this time by moving some budgeted appropiations around and reducing one or more appropiation accounts so as to fund the capital line item. 3 . Use of the Council Reserve (Department 101 -line item # 06610) in which there is a $35 , 500 appropiation available . This is probably the least attractive choice as it ' s use reduces any flexibility the city may have in a revenue shortfall situation , but it is a viable alternative .