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10-11-1983 (City Council) Agenda Packet • G) LAKE `f LAVON WYLIE • LAKE RAY HUBBARD • AGENDA CITY COUNCIL MEETING OCTOBER 11 , 1983 7:00 P. M. II . Call to order and invocation h' V2. Approve minutes and accounts payable %i ''��`� h vi. Acceptance of Park Street Phase II. A-7/ �,` ,` r' `a 14. Consider approval of Binding Machine , p aJ ' / yos \ V . Consider approval of awarding contract for refuse pickup. F,y . /6. Consider approval of Resolution declaring October 29, 1983 as Trick or Treat nignt for yound and old to enjoy annual Halloween Carnival at,, ' n Wylie Elementary School . ,`bs1 '- 0. Consider approval for purchase of two (2) - three (3) inch water meters and fittings for High School and Middle School . 18. Consider approval of Pirate Drive Construction. /9. Consider approval of speed zones as follows: A. Birmingham - from State Highway 78 to Ballard B. Kirby Street - from State Highway 78 to Birmingham C. Stone Road- from Birmingham to alley between Hilltop and Briarwood D. SDH & PT Ordinance on State Highway 78 E. SDH & PB Ordinance on FM 544 /10 Consider approval of final plat for Creekside Estates. ‘Al . Consider approval of final plat for Railroad Industrial Park. �2. Departmental Reports (. 6," Vl 3. Amendment to Fee Ordinance for sewer rates for Apartments, Mobile Homes „�C � and Electrical and Plumbing improvement inspections. \'a. _'" /14. Citizen participation 15. Mayor and Council reports 16. Executive Session 17. Adjourn 190 _ CITY COUNCIL MINUTES September 13, 1983 7:00 P.M. The Wylie City Council met in a regular session at 7:00 P.M. on Tuesday, September 13, 1983 in the Council Chambers at City Hall . Mayor Squires presided. A quorun was present and notice of the meeting had been posted for the time' and manner required by law. Those in attendance were Mayor Squires, Mayor Pro Tem Akin, Councilmen William Martin, Cleo Adams, Percy Simmons, Don Hughes, I. W. Santry, City Secretary Carolyn Jones, Chief Abbott, Reta Allen, Bob Vincent, Mike Rawlings, Melvin St. John, and other citizens. Mayor called the meeting to order and Councilman Adams gave .the invocation. Minutes and Accounts Payable: One correction to the Minutes of August 22, 1983 - change to Councilman Martin not William. Motion was made by Mayor Pro Tem Akin to approve minutes with the one correction and approve the accounts payable. Seconded by Councilman Martin. All in favor. Ambulance Service Fees: A fee was met in the past but was deleted during the time Reta served on the City Council . Allen Ambulance service is re- questing $6,000.00 a year plus the use of the Police dispatcher. Motion was made by Mayor Pro Tem Akin to approve the fee. Seconded by Councilman Simmons. All inn favor. Public Hearing for Zoning request change: Mr. Ron Close called and requested ) this item be removed from the agenda. The following items were tabled : 5. Approve public auction to remove all equipment, cars, etc not being used. 7. Speed zone for Birmingham 8. Speed zone for Ballard 16. Jerry Hoagland was to address the Council 19. Appointment of City Manager. • Motion was made by Councilman Martin to table above items. Seconded by Councilman Adams. All in favor. Appointment of J. T. Dunkin to update the Zoning Ordinance: It will cost approximately $3,400.00 to update the zoning ordinance. Motion was made by Councilman Simmons to appoint Mr. J. T. Dunkin for the job. Seconded by Councilman Adams. All in favor. Posting of School Crossing Sign: There is a need for a school crossing sign at Kirby Street and Sachse Road. Motion was made by Councilman Simmons to put the school crossing sign at Kirby Street and Sachse Road. Seconded by Councilman Hughes. All in favor. Public Hearing - Annexation of Kelly Concrete: Public Hearing was opened to the floor. Note that there will be no improvements to the water line that goes to Kelly Concrete. At present there are no sewer lines that run 191 to Kelly Concrete. There being no opposition, public hearing was closed and item returned to Council table. Motion was made by Councilman Simmons to accept first public hearing towards annexation of Kelly Concrete. Second- ed by Councilman Martin. All in favor. Preliminary Plat for Rustic Oaks : Mr. Santry reported that Planning and Zoning recommends to the Council to approve the preliminary plat. Motion was made by Mayor Pro Tem Akin to approve the preliminary plat for Rustic Oaks. Seconded by Councilman Adams. All in favor. Preliminary Plat for Switzer Plan Development: Mr. Santry reported that the State Highway will only allow two outlets on to Highway 78. Planning and Zoning will only allow two outlets on to Kirby Street. Planning and Zoning recommends this plat to the Council for approval . Motion was made by Councilman Simmons to approve the preliminary plat for Switzer Plan Development. Seconded by Councilman Martin. All in favor. Preliminary Plat for Railroad Industrial Park: Planning and Zoning recommends this be approved by Council . Motion was made by Mayor Pro Tem Akin to approve preliminary_plat for Railroad Industrial Park. Seconded by Council- man Simmons. All in favor. Part-time Employee for Police Department: One person to work one day a week to do Court typing for Elizabeth Gray. Motion was made to approve one part-time person for one day a week for one month until new budget year • by Councilman Hughes. Seconded by Councilman Martin. All in favor. Specs for Commercial Trash Pick Up: Motion was made by Mayor Pro Tem Akin that the refuse committee review specs and submit for bids. Seconded by Councilman Simmons. All in favor. Department Reports : All departmental reports were accepted as submitted. Motion was made to adjourn -. all in favor. Robert B. Squires, Mayor ATTEST: • Carolyn Jones, City Secretary CITY COUNCIL MINUTES September 19, 1983 7:00 P.M. The Wylie City Council met in a called session at 7:00 P.M. on Monday, September 19, 1983 in the Council Chambers at City Hall . Mayor Robert Squires presided. A quorum was present and notice of the meeting had been posted for the time and manner required by law. Those in attend- ance were Mayor Squires, Mayor Pro Tem Akin, Councilmen Don Hughes, Percy Simmons, Cleo Adams, William Martin, I. W. Santry, City Secretary Carolyn Jones. Acceptance of Phase I and II of Kinsington Manor: Mr. I. W. Santry re- commended to the City Council Kinsington Manor be accepted. All inspections have been made and passed. Motion was made by Mayor Pro Tem Akin to accept Kinsington Manor Phase I and II. Councilman Hughes seconded motion, all in favor. Budget Workshop: Mayor Squires reported status of budget and asked Council for their input. Council decided if necessary to pull improvements for Akin Lane, one pick up for Street Department, half of Fifth and Oak project, if this would help the budget. Under Public Works Department, to amend salaries for Sanitation department since Council hopes to be with an outside contractor by end of first quarter. Recommendation to remodel office at the City Garage to make room for a full time secretary and part time Engineer/Public Works Director/Code Enforcement officer. This department would give out all building permits. This recommendation is proposed for a trial period. It was also recommended for the 83-84 Budget to increase taxes to 49,t per $100. and increase water/sewer/refuse by 5%. It was also proposed to grant a 5% pay increase to all employees on Oct 1st and another increase in 6 months provided employee has earned it. Budget was to be reworked with these recommendations. Motion made to adjourn. All in favor. Robert B. Squires, Mayor ATTEST: Carolyn Jones, City Secretary CITY COUNCIL MINUTES September 22, 1983 7:00 P.M. The Wylie City Council met in a called session at 7:00 P.M. on Thursday, September 22, 1983 at Wylie Elementary School . Mayor Robert Squires, Pre- sided. A quorum was present and notice of the meeting had been posted for the time and manner required by law. Those present were Mayor Squires, Mayor Pro Tem Akin, Councilman William Martin, Cleo Adams, Don Hughes, Percy Simmons, I. W. Santry, City Secretary Carolyn Jones, Melvin St. John and two represent- atives of the Wylie News. Mayor Squires stated the purpose of this meeting was to conduct a public hearing on 1983 Tax rate. The tax rate and budget are in recommendation form and there has been no action taken on either as of this date. There will be another public hearing on September 29, 1983 at 7:00 P.M. at which. time Council will take action on the ,tax rate and budget. Mayor Squires opened the meeting to the public and gave a brief backgroung for the tax rate. The reason the tax rate has been recommended for increase is due to the General Fund feeding the Utility Fund. The biggest drain on the financial end of the City is from the water/sewer rates from North Texas Municipal Water District. For the past three years NTMWD has increased water/sewer rates to the City but the City has not passed this increase on to`.the citizens. Therefore the City has absorbed a large sum of expenses each year. The Council is trying to even out the water/sewer problem by increasing both taxes and utility rates. Mayor presented charts showing in 1982 there was a 20% increase to the City from NTMWD. In 1983, 13.7% increase and in 1984, proposed increase of 19.8%. It has just been during the past few monthes that the Council has been able to see the loss to the City due to the increased rates from NTMWD. The question was asked why were these increases not passed on the the Citizens? The only reason the Council can give is that the Council was not aware of the increase from NTMWD to the City until this years work on the 83-84 budget had begun. Randal Gaston wanted to know how many years it will take to get the Utility fund out of the loss factor. Mayor Squires said probably two (2) to three (3) years. In this years budget there are items to help on preventive maint- enance. Over all this should help some but it will still take some time. Mayor said the City did not get this way over night therefore it could not be corrected in one years time. The 83-84 Budget calls for 7.8% increase in the tax rate which brings the tax rate up to 49¢. Question was asked about all the new growth in Wylie. Mayor responded that most of the growth will only show as unimproved lots for this year. The tax rolls are valued as of January 1 of each year. Next year the tax roll should show the growth Wylie has been experiencing. Mayor Squires closed the public hearing and reminded everyone that the second public hearing would be September 29, 1983 at 7:00 P.M. at the Wylie Elementary 'School . 194 Motion was made to adjourn by Councilman Simmons. Seconded by Councilman Martin. All in favor. Robert B. Squires, Mayor ATTEST: Carolyn Jones, City Secretary 105 CITY COUNCIL MINUTES September 26, 1983 7:00 P.M. The Wylie City Council met in a called session at 7:00 P.M. on Monday, September 26, 1983 in the Council Chambers at City Hall . Mayor Squires presided. A quorum was present and notice of the meeting had been posted for the time and manner required by law. Those in attendance were Mayor Squires, Mayor Pro Tem Akin, Councilmen Percy Simmons, Don Hughes , Cleo Adams, William Martin, I. W. Santry, City Secretary Carolyn Jones, Bob Vincent, Melvin St. John, Don Kreymer, Bryon Cook. Alley East of Trails Addition: This is the paved alley between Fourth Street and Hilltop just east of Trails Addition. Motion was made by Councilman Adams to accept alley east of trails. Seconded by Mayor Pro Tem Akin, all in favor. Final Plat Rush Creek II: There are three sewer lines that will have to be moved and connected to the lift station. There will be no certificate of occupany issued until these three lines have been connected to the lift station. The lift station is also to be moved at the expense of the developers of Rush Creek, Oaks, Wyndham Estates. The plat review committee recommends the final plat be accepted with the above stipulation on the affected lots due to the sewer lines. Motion was made to accept final plat for Rush Creek with above stipulation by Councilman Hughes. Seconded by Mayor Pro Tem Akin. There were four (4) in favor and on sustained (Councilman Simmons) . Payment for Material for to Fire Hydrants in Kinsington Manor: These two fire hydrants are located between the City Limits and Kinsington Manor. This verbal agreement was made at the time the fire hydrants were installed, since the City requested these be put in. Motion was made by Councilman Hughes to pay for the materials in the amount of $1,831.87. Seconded by Councilman Adams. All in favor. Mayor Squires also wanted it made known that there can not be verbal agreements made in excess of $500.00. All items or agreements for pay- ments in excess of $500.00 must be approved by Council . Certificate of Deposit - D. Kreymer for Akin Lane: This certificate is in the amount of $2,923.00 and does not mature until December 1983. Akin Lane has been completed and Mr. Kreymer's part amounts to $1,757.00. Mr. Kreymer is entitled to a refund of $1,166.20. Since the Certificate of Deposit does not mature until December, 1983, he would accept the Certificate of Deposit being endorsed over to him in lieu of payment for the fire hydrants. Mayor Pro Tem Akin made the motion to endorse the Certificate of Deposit over to Don Kreymer in lieu of payment of fire hydrants. Seconded by Councilman Hughes. Four in favor - one sustained (Councilman Simmons). Second Public Hearing - Annexation of Kelly Concrete: Mayor Squires opened the hearing up to the public. There being no opposition or questions from the public this item was returned to the Council table for decision. Motion was made by Councilman Martin to annex Kelly Concrete into the City with not- ation the City is not responsible for any improvements to the existing water lines. Seconded by Councilman Adams. All in favor. Approval and Signing of Annexation Ordinances: Motion was made to approve and sign annexation ordinances for Oaks III , Oaks IV, Oaks Retail , Rush Creek II and Wyndham Estates by Councilman Hughes. Seconded by Councilman Adams. Four in favor. One sustained (Councilman Simmons) . Approval and Signing of Ordinances to Reflect Zoning Changes: Motion was made by Councilman Hughes to approve and sign ordinances for the following: A. Lot 3, Block 6 Keller I from SF-2 to Retail B. Oaks 3, 4 and Retail from Agricultural to SF-1 & Retail C. Rustic Oaks from Agricultural to SF-1 & Retail & Planned Development D. Rush Creek II Agricultural to SF-2 Seconded by Councilman Adams. Four in favor - one sustained (Councilman Simmons). Public Auction: Motion was made by Mayor Pro Tem Akin to authorize a public auction to dispose of excess equipment, furniture and etc. Seconded by Council- man Hughes. All in favor. Workshop with Planning and Zoning: Council would like for Planning and Zoning to look at the ordinance and then bring to them what changes Planning and Zoning would like to see. Easement South of Valentine: One property owner has built a fence and building over City easement in the Holiday Terrace Addition. Councilman Simmons would like an opinion from the City Attorney before the City requests this building and fence and hedges be torn down. Policy each Builder be responsible for curbs, sidewalks adjacent to the building site: Motion made by Mayor Pro Tem Akin that a policy be adopted that each builder be responsible for curbs and sidewalks adjacent to building site be repaired prior to an occupany certificate being issued. Seconded. by Councilman Adams. Four in favor. One sustained (Councilman Simmons) . Councilman Hughes made a motion to recess into Executive Session, in accord- ance with Article 6252-17- subsection 2G, to discuss personnel matters. Seconded by Councilman Adams. All in favor. Mayor Squires called the meeting back into open session. Planning and Zoning Commission: Motion was made to appoint Randal Gaston to the Planning and Zoning Commission to replace Art Harris by Mayor Pro } Tem Akin. Seconded by Councilman Hughes. All in favor. 197 Motion was made by Councilman Adams to set the second (2nd) and fourth (4th) Thursdays for Planning and Zoning meetings. Seconded by Councilmans Martin. r Four in favor. One sustained (Councilman Simmons). Zoning Board of Adjustments: Motion was made by Councilman Adams to appoint as alternates to the Zoning Board of Adjustments Larry Prater and John Hamilton. Seconded by Councilman Hughes. All in favor. Park Board: Motion was made by Councilman Simmons to appoint Councilman Hughes to represent the Council on the Park Board. Seconded by Mayor Pro Tem Akin. Four in favor. One Sustained (Councilman Hughes) . Motion made by Councilman Adams to adjourn. Seconded by Councilman Hughes. All in favor. Robert B. Squires, Mayor ATTEST: Carolyn Jones, City Secretary - r (). CITY COUNCIL MINUTES Public Hearing September 29, 1983 7:00 P.M. The Wylie City Council met in a called session at 7:00 P.M. on Thursday, September 29, 1983 at the Wylie Elementary School . Mayor Squires presided. A quorum was present and notice of the meeting had been posted for the time and manner required by law. Those in attendance were Mayor Squires, Mayor Pro Tem Akin, Councilmen Cleo Adams, Don Hughes, Percy Simmons, William Martin, I. W. Santry, City Secretary Carolyn Jones, two representatives from the Wylie News, Tim Hemingway, Don Kreymer, Raymond Cooper, Eugene Daffin. Mayor Squires called the meeting to order and stated this was a public hearing for the tax rate, 83-84 Budget, Fee Ordinance and General Revenue Sharing. Major concern to the City is the increases in water, sewer and refuse. Primary cause of this increase is due to the loss in Utility revenues. This coming year $90,000 will have to be transferred from General Fund to Utility Fund in order to meet the needs for the 83-84 year. In setting the new fee schedule, I. W. Santry talked with Allen, McKinney, Richardson and Plano prior to setting these fees. Don Kreymer says the City is putting a burden on the developers. Tim Hemingway wanted to know if there would be better service after going up on all the rates. Raymond Cooper wanted to know if the City was going to contract out the refuse. Mayor Squires told Tim Hemingway that the City hoped to give better services. In the 83-84 Budget there has been some equipment added in order to better serve the City. Mayor told Raymond Cooper that it was in the planning stage to contract out the refuse. If the City stays in the refuse business , there is a need for new trucks and the City is not in a position to purchase two new trucks. Mayor also stated that a contract had not been awarded as of yet. It was also pointed out that rates have not been reviewed since the late sixties. The City of Wylie is behind in updating their fees. One area in the fee ordinance section 3- C where it charges the Developers a 2% fee over the estimated cost of concrete pavement for test and inspections. Raymond Cooper, Don Kreymer and Tim Hemingway are very much against this section. Councilman Martin said the engineer has researched these figures and is con- fident that the figures are correct. Councilman Martin also said the City has to make a start somewhere in updating the fees. The tax payers have been paying up front on all cost and this is why the Council is trying to get the cost where they should be. Mayor Squires said to go with the 2% and review in one year and adjust this cost then. Mayor Squires stated that this budget is a bare bone budget. The City has no reserve funds left due to the City absorbing the increase and not passing these increases on to the citizens. 1c9 Motion was made by Councilman Hughes to adopt the ordinance for the Revised 82-83 Budget. Seconded by Councilman Martin. All in favor. Motion was made by Councilman Hughes to adopt the ordinance for the proposed 83-84 Budget. Seconded by Mayor Pro Tem Akin. All in favor. Motion was made by Councilman Martin to adopt the proposed budget for General Revenu Sharing Grant. Seconded by Councilman Simmons. All in favor. Motion was made by Councilman Simmons to adopt an ordinance setting the 1983 tax rate at forty-nine cents (.49) per $100.00 valuation. Seconded by Mayor Pro Tem Akin. Four in favor. One against (Councilman Adams) . Motion made by Councilman Hughes to adopt the Fee Ordinance with a footnote added to section 3j that the individual has the option to do their own work and the City only inspect. Seconded by Mayor Pro Tem Akin. Four in favor. One against (Councilman Simmons). Robert B. Squires, Mayor ATTEST: Carolyn Jones, City Secretary JOINT PARK BOARD and CITY COUNCIL September 20, 1983 7:00 P.M. The Wylie Park and Recreation Board met at 7:00 P.M. on September 20, 1983 in the Council Chambers at City Hall . There was a quorum present. Those present were Chairman Pat Minihan, Retha Tibbals, Stuart Wallace, Lowell Brewster, Richard Parker, Mayor Squires, Mayor Pro Ten Akin, Councilmen Don Hughes, William Martin, Cleo Adams , and Percy Simmons , and City Secretary Carolyn Jones. Those absent were: Don Whitt, Ken Swayze, Al Draper, and Duane Helmberger. At the last meeting of the Park Board, Chairman Minihan said Phase II of the Community Park was discussed. In Phase II there is a need for picnic tables with covers in the south end of the Park. Chairman Minihan would like to get plans in the making for this type of shelters, so the Park Board can go out to individuals and get these shelters donated to the Park. There is a need for plans and price in order to start the plans. Chairman Minihan said a good selling point would be to put plaques on each shelter indicating who donated it. Chairman Minihan appointed a committee to work on this project. The committee was named "Recreational Shelter Committee. " Those appointed to it are: Lowell Brewster, Duane Helmberger, and Ken Swayze. These plans should be for low maintenance and building cost on these shelters. Chairman Minihan also appointed another committee entitled "Phase Two of Community Park. " Those appointed to the committee are Stuart Wallace, Richard Parker, Don Whitt, and Chairman of the committee is Don Whitt. The next Park Board meeting Phase Two needs to be in the making. In putting Phase Two into plans need to remember the shape of the Park has changed a little due to the land swap with Hunt Properties. Need to make use of the entire area. There was at one time a jogging or bicycle path around the entire park area. These are plans without a bond program. Chairman Minihan would like to see a dedication for the Community Park. If plans are rained out again then dedicate the Park through the newspaper with photos of each field and all buildings. Park Dedication Committee was appointed as follows: Retha Tibbals, Pat Minihan, and Al Draper. Hope to have this service within the next six weeks. Maintenance of Park: The Park is governed by Ordinance NO. 78-18. Mayor Pro Tem Akin would like for this Ordinance to stand as the rules for the Park and caring of same. Mayor Squires would like to see WSA help with the mowing and maintenance of the Park so the Park Fund Budget would go toward the tables and playground equipment. At present the Park Fund is being used just for up keep in the Park. Councilman Hughes said WSA used to keep the playing fields mowed in the past and does not understand why they can not do the same now. Richard Parker said he would talk with WSA but that Council should understand that WSA was having.;a hard time just meeting their $3,000.00 a year obligation to the City. Richard does not feel WSA can pay the $3,000.00 to the City plus the Electrical bill and do the mowing of the Fields. Richard Parker also requested from the City Council what they would like WSA to take care of. Richard would like this in letter form so he can present it to WSA at their next meeting. Chairman Minihan request City Council to put together an agreement for WSA and let Richard Parker present it to them. Richard can bring a report back from WSA to the next meeting. Motion was made to adjourn by Stuart Wallace. Seconded by Lowell Brewster. All in favor. Pat Minihan, Chairman MINUTES PLANNING AND ZONING COMMISSION August 11, 1983 6:30 P.M. The meeting was called to order at 6:30 in the City Hall by Chairman Joe Fulgham. PRESENT: Present at the meeting was Chairman Fulgham; Members Bryant Barry, • Sarah Connelly, Art Harris, Ken Mauk, and John Seeley; others present were I .W. Santry, Don Kreymer, Bill Kreymer, Raymond Cooper, and consult- ant J.T. Dunkin. PUBLIC HEARING - REZONING RUSH CREEK II The public hearing, relative to the Rush Creek Phase II zoning, was opened with the information that five letters had been sent out with only one being returned. After a review of the circumstances of the request by 'Mr. Harry Tibbals, Bryant Barry moved that the rezoning from SF-1 to SF-2 be recommended to the City Council . The motion was seconded by Ken Mauk and passed unaminously. RAILROAD INDUSTRIAL PRELIMINARY PLAT Sarah Connelly moved that action on the Railroad Industrial Plat be tabled until the Plat Committee could review it and that it be scheduled for the next meeting. Art Harris seconded the motion and it passed unani- mously. CREEKSIDE ESTATES FINAL PLAT (ETJ) After a short discussion, Sarah Connelly moved that the Creekside Estates Final Plat action be tabled until the next meeting or until the developer can revise the plan. Ken Mauk seconded the motion and it carried unanimously. MOBILE HOME ORDINANCE The .:Commission discussed the latest draft of the Mobile Home prdi,- nance section by section. Bryant Barry made the motion to recommend the Mobile Home Ordinance, as revised, for adoption by the City Council . Art Harris seconded the motion and it passed unanimously. ZONING ORDINANCE Chairman Fulgham invited Mr. J.T. Dunkin to express his thoughts about needed changes in the current Zoning Ordinance. Mr. Dunkin explained the development of the zoning ordinance and after the ensuing discussion of residential districts, side lot discrepancies, smoke detectors in all build- ings, and dumpsters at multi-family developments , a mot ion was made, second- ed and unanimously passed to recommend to the City Council that they consider contracting with J.T. Dunkin and Associates to redo the existing Zoning Ordinance. 1983-84 BUDGET PROJECTS Chairman Fulgham suggested that I.W. Santry put dollar amounts on (1) the Planning and Zoning list of projects and provide the list for the City Council review which was agreed to by the commission. ADJOURNMENT. The Planning and Zoning Commission adjourned on motion by Bryant Barry and seconded by John Seeley. Sarah Connelly I. W. Santry, Jr. MINUTES APPROVED: Dr. Joe Fulgham (2) PLANNING AND ZONING MINUTES August 25, 1983 6:30 P.M. The Wylie Planning and Zoning Commission met in a regular session at 6:30 P.M. on August 25, 1983. A quorum was present and notice of the meeting had been posted for the time and in the manner required by state law. Those in attendance were chairman Joe Fulgham, Bryant Barry, Ken Mauk, Art Harris, Judy Brewster, I . W. Santry, City Secretary Carolyn Jones, Mayor Squires and many citizens. Sarah Connelly was not in present at this meeting. Chairman Fulgham, with the agreement of the board, moved the public hearing from Item No. 7 to Item No. 1 on the Agenda. Consider Approval of rezoning Abstract No. 23 Atterbury Survey - Block Track SD: I. W. Santry stated that Mr. Ron Close has requested this track of land be zoned Multiple family. This track of land is located in the triangle between Ballard, Birmingham and Stone. Chairman Fulgham opened public hearing and gave the floor to Ron Close, builder from Princeton. Mr. Close told the Planning and Zoning Commission that there would be twenty-three (23) duplexes around the property and one apartment tract with forty eight (48) units. The corner of stone and Ballard will remain Retail (1. 34 acres) . Mayor asked if there were any citizens wishing to speak. One citizen told Mr. Close he was in the wrong place. He also asked Mr. Close why he chose this piece of property that is in front of a school . Mr. Close' s response was this was the best spot, Sherry Benson from 304 Memorial works for an engineering ftrm which has studies that show- the traffic flow around Duplexes and apartments will triple from what already exists. Thi's will present a safety factor for school children walking to and from school . Frank Jackson lives in the Townhomes on Riverview Court. He is concerned about the safety of the children going to and from school . Douglas Haysk of 809 Easter is behind the existing apartments. Mr. Haysk said there was a problem with trash from these apartments why add to the already existing problem. I;f these other apartments are allowed to be built, there will be a greater problem of trash, Mr., J. D. Schreiber wanted to know- if 'Mr. Close thought these apartments would enhance citizens property value. Mr. Close said everything he has ever built was good homes that did enhance the property. Mr. Schreiber then presented to the planning and Zoning Commission a petition with signatures of people living in this area who were against this zoning change. Mr. ,John Simmons of 903 Easter said he and his wife purchased their home before the already existing apartments were built. He has- put up a wood fence for privacy but the two-story apartments overlook his backyard. He said his family has no privacy. Keith Huyck of 904 Easter. The noise from the pool area and parking lots is very loud. Sherry Benson said there was already a problem with sewer odors would building these apartments add to this problem. Frank Skaggs moved from Dallas hoping to live in a quite neighborhood - he would like to see it stay this way. Bob Squires - 302 Valentine - made a statement that letters are sent out to the property owners within 200 feet of said property. This list of property owners are taking from the tax roll as of January 1, of current year. Every attempt is made to notify everyone by letter and there is also a notice in the paper prior to the public hearing. As a privat cit- izen, and not speaking as the Mayor, the swimming pool from the already existing apartments in in back of my yard. There is always a lot of activity and noise around this area. In reference to the traffic, the bulk of traffic will be in the mornings when the people are getting their children off to school , and in the late afternoons when everyone is coming home from work. There is already a lot of traffic now in this area and Mr. Squires does not want to see more. Another citizen wanted to know if the City would put up signs on the pro- perty sites haying zoning request made. This would help advise the Citizens since ever ?Ql a does not read the paper. Chairman Fulgham closed the public hearing after everyone had had a chance to speak. Chairman Fulgham called for a motion. Ken Mauk made the motion that the zoning not be changed from Retail to MF due to the amount of opposition John Seely wanted to point out the zoning change was not in the best interest of the City. Motion was seconded by Art Harris. All in favor. Bryant Barry wanted the minutes to reflect he was representing the Planning and Zoning Commi; ssion and not the School Board. Public Hearing for annexation request of 10 Acres -- Kelly Concrete; Chairman fulgham opened the Public hearing up - There being no question and no opposition, the public hearing was closed. Motion was made by John Seely to annex the 10 acres Kelly Concrete. Seconded by Bryant Barry. All in Favor. Preliminary Plat for Rustic Qaks; Mr. Santry said the State would parti- cipate in straighteniing out part of the curve to help the flow- of traffic. Mr. Santry also stated the plat committee did meet and review the plat prior to this meeting. Motion was- made by Bryant Barry to accept the preliminary plat for Rustic Oaks. Seconded by Ken Mauk. All in favor. Preliminary Plat for Switzers Planned Development: Mr. Santry made the statement the utility easements , street areas and water and sewer are OK. He also said that each section as developed would have to come back to the Planning and Zoning Commission. Mr. J. T. Dunkin said parking requirements should be applied to the current zoning ordinance. There will be two outlets on Kirby Street and two outlets on Highway 78. Bryant Barry moved that the preliminary plat for the Switzer Plan Development involving water, sewer, utility easements and main fire lanes be recommended to the City Council for approval with the requirement that each site plan be submitted to Planning and Zoning for recommendations as to meeting the Zoning ordi- nance. Seconded by Art Harris. All in favor. Preliminary Plat for Railroad Industrial Park: Mr. Santry reported the plat committe had reviewed this plat. John Seely made the motion to approve preliminary plat for Railroad Industrial Park. Seconded by Bryant Barry. All in favor. Final Plat for Creekside South Estates: Mr. Santry said this item should be tabled due to the addition not having concrete streets and curbs. The Planning and Zoning minutes of March 24, 1983 state "Recommend that the preliminary plat for Creekside South Estates be accepted and approved with the stipulation that, although the Commission feels the street should be paved with concrete, such a requirement would not be economically feasible; however, when and if the property is annexed to the City of Wylie, property owners will be assessed the cost of concrete pavement. " Chairman Fulgham moved that the approval of Creekside Estates be recommended to the City Council with the requirement that a statement be included, in each contract for sale, that at anytime in the future if the City of Wylie should annex the developement the property owners shall be assed for any required up- grading of streets, drainage, water and sewer to meet the then current sub- division standards. Seconded by Ken Mauk. All in favor. Mr. Santry reported to the Planning and Zoning Commission that the City Council approved the second hearing to annex 107 acres - Wyndham Estates, Rush Creek II zoned to SF-2, and the Mobil Home Ordinance was adopted. There is also plans for a new Fire Station to be built by the new water tower. Mr. J. T. Dunkin was requested to update the City's Zoning Ordinance. Motion was made to adjourn by Bryant Barry. Seconded by Judy Brewster. All in Favor. Joe Fulgham, Chairman ZONING BOARD OF ADJUSTMENTS October 4, 1983 7:00 P.M. The Zoning Board of Adjustments met in the Council Chambers on Tuesday, October 4, 1983 at 7:00 P.M. A quorum was present and notice of the meeting had been posted in the manner and time required by law. Those in attendance were Chairman Richard Hampton, Nancy Conkle, Anna Starnes, William LeCocq, Kent Crane, John Hamilton, City Secretary Carolyn Jones, and Cathy Lyerly. Larry Prater was not present. The purpose of this meeting is to discuss if variance is necessary for Mrs. Lyerly in order for her to operate a business from her home. Mrs. Lyerly said all businesses would be conducted over the phone and she would be the only person involved at her home. If the business grows to where she has to hire some one to answer the phone, than she will move the business from her home to an office. Chairman Hampton read-from the Zoning Ordinance the definition of Home Oceu- pation. Which reads as follows "An occupation customarily carried on in the home by a member of the occupant's tamily, being incidental to the primary occupancy of the home as a dwelling, without the offering, display or advert- ising of any commodity or service for sale on the premises, without the employment of any persons other than a member of the immediate family, without the use of any sign, lighting or display, without the use of other than normal domestic or household equipment or appliances, and the conduct of which does not gener- ate noise, odor, fumes, vibration or any other condition visible, obnoxious or detrimental to abutting or adjacent properties. Zoning Board was in agreement that Mrs. Lyerly did not need the variance as long as she complies with the above. The board would like for Mr. Santry to meet with them in November to help the board clarify their duties. Chairman Hampton adjourned the meeting. Richard Hampton, Chairman ZONING BOARD OF ADJUSTMENTS September 6, 1983 7:00 P.M. The Zoning Board of Adjustments met in the Council Chambers on Tuesday September 6, 1983. A quorum was present and notice of the meeting has been posted in the manner and time required by law. Those present were Chairman Richard Hampton, Anna Starnes, Nancy Conkle, William LeCocq, Kent Crane, City Secretary Carolyn Jones, Melvin Delaney. The purpose of this meeting is to grant variance for Lot 41 and 42 of South- side Addition in order for two duplexes to be built on them. Chairman Richard Hampton said there is a traffic problem now at the intersection of Stone and Birmingham. There is also going to be parking problems. The Zoning Board wants the center lot line moved to the center of this property therefore all side yards will have 8 feet. This would make the lot sizes be 64 feet and 76 feet instead of 60 feet and 80 feet. See lot plan attached. Chairman Hampton called for a vote granting a variance for the rear yard to be 19 feet instead of 25 feet and to grant a variance 1,600 square feet less than required. All in favor of these variances. Chairman Hampton adjourned the meeting. Richard Hampton, Chairman OFFICE OF THE MAYOR PROCLAMATION WHEREAS, it is traditional for youngsters to visit in their neighborhoods on Halloween evening for purposes of "Trick or Treat" , and WHEREAS, the City of Wylie does not wish to in any way regulate the activities of Trick or Treat, but feels it is necessary to issue a word of warn- ing to all parents to urge their children against eating any food until they have completed their appointed rounds and returned home so that the food can be closely examined, and WHEREAS, it is felt that Saturday, October 29, 1983 is a more appropriate day upon which to observe Halloween; NOW, THEREFORE, I , Robert B. Squires, in accordance with the authority vested in me by the State Law and in a spirit of courteous cooperation for the enjoyment of all our youngsters, hereby proclaim Saturday, October 29, 1983 as the official HALLOWEEN DAY FOR THE City of Wylie and to help celebrate by joining the fun at the Annual Halloween Carnival at Wylie Elementary School . WITNESS MY HAND, this the 11th day of October 1983. Robert B. Squires , Mayor ATTEST: Carolyn Jones, City Secretary