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07-23-1985 (City Council) Minutes } • • CITY COUNCIL MEETING . MINUTES JULY 23 , 1985 7 :00 P . M. T e Wylie City •Council met in regular session on Tuesday , July' 23 , 1985 at 7 : 00 P . M . in the Council Chambers 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 John W . Akin , Mayor Pro Tem I)on Hughes , Councilmen Percy Simmons , William Martin , Harold Spence , Randall Gaston , and Joe Fulgham , City Manager Gus Pappas , City Secretary Carolyn Jones , Public Works Director Bill Windham, Bill Lowe of Lone Star Gas , John Seeley , Tom Mayes , Elayne Mayes of Wylie News , Harold Iloligan , Mr . Thurman , and other citizens . Mayor Akin called the meeting to order and gave the invocation . APPROVAL OF MINUTES : There being no corrections or additions to the minutes , a motion was made by Councilman Gaston to approve as submitted . Seconded by Mayor Pro Tem Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . APPOINTMENT OF CITY JUDGE AND PROSECUTING ATTORNEY : The Municipal Court Attorney CaMille Elloitt has not been at the court hearings for the past two months . Mr . Robert Beasley has requested to be moved from the judges seat and placed in the prosecuting attorney seat . Motion was made by Councilman Gaston to have the City Manager write a letter terminating CaMille Elliott . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in Cavor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . APPROVAL OF AMENDMENT TO ORDINANCE NO . 84-12 (FEE ORDINANCE) SETTING FEE FOR MACHINE SWEEPING , BY CITY CREWS OF PRIVATE PROPERTY AND PARKING LOTS : This amendment sets the fee for sweeping private property by City crews with City equipment as well as increasing the fee for construction water meters from $150 .00 to $250 . 00 . The Council wanted the to acid a sentence to clarify that the deposit will be refunded after the amount for water useage has been deducted . Councilman Fr • 4 • Martin wanted to know when the sweeper would do these private lots . City Manager Gus Pappas said the city would try to hire someone who would work four ( 4 ) hours at late night and four (4) hours mid-morning . Motion to approve this ordinance with the addition of above sentence was made by Councilman Fulgham . Seconded by Councilman Martin . The vote was as' follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . APPROVAL OF ORDINANCE TO ESTABLISH REGULATIONS FOR THE DISCHARGING OF WASTE (POLLUTION CONTROL) : This ordinance is mandated by State law for any City over 5000 population . In addition to that , it is needed in order for the City to have control over the dumping of dangerous materials into creeks and waterways within both the city limits and our ETJ . Motion was made by Councilman Gaston to approve the above ordinance . Seconded by Councilman Fulgham . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tern Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . APPROVAL OF AMENDMENT TO ORDINANCE NO . 83-18 REGULATING MOBILE HOME PARKS : This amendment to the ordinance is in regards to the lot layouts and the setback requirements . This has been discussed but was never made a part of this ordinance . After some discussion about the size of the parking area , it was also noted that the parking area needed to be included in this ordinance . Motion was made by Councilman Simmons to approve the amendment and add to it that the parking area be 25 ' deep and 20 ' wide . Seconded by Mayor Pro Tem Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman ' Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . APPROVAL OF MOBILE HOME PARK ZONING MORATORIUM ORDINANCE : ,Councilman Spence wanted to know what the percentage of mobile homes to single family dwellings was now in Wylie . City Manager Gus Pappas said that single family dwellings units was 4 , 999 and mobile homes was 298 . Mobile homes represents 6% of the dwellings units in Wylie . With corrections made in Section IV : as follows , "That the City staff shall reject any application for such zoning until the percentages in Section II are met" . Motion was made by Councilman Gaston to approve ordinance with above corrections . Seconded by Councilman Spence . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tern Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - - -, in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . APPROVAL OF AMENDMENT TO SUBDIVISION ORDINANCE : This amendment provides a draft proposal for capturing at least some commitment of the perimeter street ordinance on State and U. S . Highways . The staff has proposed a one-lane or twelve ( 12 ) foot commitment . After some discussion , it was noted by council that a sentence should be added to clarify this would be a one time fee charged for State and U . S . Highways . Motion was made by Councilman Simmons to approve with the above addition . Seconded by Mayor Pro Tern Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . PUBLIC HEARING (FIRST) ON THE ANNEXATION OF 10 . 038 ACRES OUT OF THE J . D . SHELBY SURVEY ABSTRACT 819 AND THE N . A . ATTERBURY SURVEY' ABSTRACT NO . 1763 : This property is located east of FM 544 and north of Vinson Road . This property is located in three counties , Collin , Rockwall and Dallas . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . PUBLIC HEARING (FIRST) ON THE ANNEXATION OF 2 ACRES OUT OF THE W. M. SACHSE SURVEY , ABSTRACT 835 : This property is located on FM 544 near Steel Industrial Park and is Lot 2 of the Jacobs Addition . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVAL OF CONTRACT WITH HAROLD HOLIGAN - SOUTHFORK LTD . : Mr . Holigan has voluntarily complied with all the stipulations for service that we have outlined in the contract and has submitted voluntary annexation papers . His mobile home park has been reviewed for compliance with the Mobile Home Park Ordinance and with very few exceptions that were already in place , or extensively engineered , he meets or actually exceeds our requirements . We are also making a great deal of progress in the establishment of a sewer line in connection with this development . Mr . Holigan will comply kith all fees in developing this park and will also be responsible for extending the water and sewer lines to his property . Mr . Holigan has signed a letter which will be • attached as parts of these minutes to clarify some of the contract about extending watet/sewer lines . A copy of this letter will also be attached to the contract . Motion was made by Mayor Pro Tem Hughes to approve contract . Seconded by Councilman Fulgham . The vote was as follows : Mayor Akin • - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . APPROVAL OF DELINQUENT TAX CONTRACT WITH TAX ATTORNEY : This contract renewal is an annual thing which authorizes the tax attorney , McCreary , Veselka and Co . to prosecute to collect delinquent taxes for the City . Their fee is 15% , which we collect from the property owner . Motion was made by Councilman Gaston to approve the tax contract . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . ACCEPTANCE OF PUBLIC IMPROVEMENTS IN RUSH CREEK II : The staff has inspected the public improvements in Rush Creek II and has determined they meet City standards and codes and recommend approval . Motion was made by Councilman Simmons to accept' the public improvements in Rush Creek II . Seconded by Mayor Pro Tem Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - abstained , and Councilman Martin - in favor . This motion carried with six (6) in favor and one abstention . APPROVAL OF CONSTRUCTION PLANS FOR WESTSIDE INDUSTRIAL PARK : The Westside Industrial Park is located on West FM 544 adjacent to the 544 Industrial Park . These plans have been reviewed by the staff and the engineer and meet our requirements for development , therefore , the staff recommends the Council grant the "approved for construction" authority . Motion was made by Councilman Simmons to approve for construction Westside Industrial Park . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - abstained , and Councilman Martin - in favor . This motion carried with six (6) in favor and one abstention . APPROVAL OF HOOPER BUSINESS PARK : This property is located on Hooper Roadjust south of FM 544 . The staff has reviewed these plans and have recommended some changes , which have been corrected . The staff recommends approval for construction . Motion was made by Councilman Simmons to approve for construction . Seconded by Councilman Spence . j S 1 i The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . ' This motion carried with all in favor . APPROVAL FOR CONSTRUCTION PLANS FOR EASTRIDGE ADDITION : This property is located between Wyndham and Rush Creek . The staff and the city engineer have reviewed these plans and find they meet our standards for development and therefore recommend you grant the "approved for construction" authority . Motion was made by Councilman Gaston to approve Eastridge Addition for construction . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . AUTHORIZATION TO PURCHASE SECOND MOWING TRACTOR : This tractor and brush-hog is priced to us for $ 18 , 000 , and is an additional $370 :00 a month on the lease purchase agreement we already have with John Deere . Councilman Gaston wanted to know if while mowing and cleaning ditches are we starting a program for weed killing in these ditches . City Manager Gus Pappas said that the parks department would keep on person all year and bring on one or two more persons during the spring through summer . Motion was made by Councilman Fulgham to grant authorization to purchase second mowing tractor . Seconded by Mayor Pro Tem Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . AUTHORIZATION TO ENTER INTO LEASE/PURCHASE AGREEMENT FOR STREET EQUIPMENT: This is the formal authorization to enter into the lease/purchase contract . The total is set by the bids which have already been opened and awarded . City Manager ,Gus Pappas said that all the rate of interest and the monthly payment figures were not yet available and therefore this item could not be acted on until later . Motion to table this item was made by Councilman Simmons . Seconded by Councilman Martin . APPROVAL OF BANK RECONCILIATION STATEMENT : Motion was made by Councilman Gaston to approve bank reconciliation statement as submitted . Seconded by Councilman Spence . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman T. Ste, • . • eJdL Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . CITIZENS PARTICIPATION : Mr . Harold Holigan thanked the Mayor and Council for the contract which allows him water and sewer service . APPROVAL OF PLAN FOR CONSTRUCTING ROAD THROUGH "THE MEADOWS" TO THE MIDDLE SCHOOL DRIVEWAY : After a great deal of discussion , it would decided that the engineering work should be done and stakes put out so council could tell exactly where the road will be . Motion was made by Councilman Gaston to table this item until the engineering work had been done . Seconded by Councilman Simmons . The Vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . COUNCIL DISCUSSION : Councilman Fulgham wanted to know if the staff had ha, a response from North Texas Municipal Water, District about the sewer treatment plant . Mayor Akin said that staff was still waiting on an answer from NTMWD on the cost figures for operating this plant . City Manager Gus Pappas said the city is still responsible and the city would be the one to pay a fine if there was a problem . City Manager Gus Pappas said there was a request from Mr . Bill Kreymer which stated he was not receiving enough pay for the use of his car and his time . Raise for him from $10 . 00 to $12 . 00 per hour , there has only been $4 , 200 . expended for this budget year so far . The final walk through on the Library was on Friday of last week , there were a few items put on the check list . Also the work has started on the Community Center . The truck/car budgeted in the current year for a Police Lieutenant , is needed for the inspector in Code . The position for the police department is going to be awhile , therefore the need for this car can be put in next year ' s budget . Staff would like to take this money budgeted in police department for a used car and use it for a used truck for the new inspector . Mayor Akin called for a motion to convene into executive session . Motion was made by Councilman Martin to convene into executive session under authority of Article 6252-17 of V . A . C . S . Section 2 paragraph "g" personnel matters . Seconded by Mayor Pro Tem Hughes . All in favor . Mayor Akin called the meeting back to order in open session . During the executive session , the matter of a finance director was discussed . It was decided that Mr . James Johnson should be contacted and offered the position of Finance Director of the City of Wylie . Also city manager and city secretary needs to look for another place to hold the meetings for City Council and Planning & Zoning . Motion was made by Councilman Fulgham to adjourn . Seconded by Councilman Martin , all in favor . OF14/k, � ; � / ; John W. Akin , Mayor e. ATTEST e p_` ` / ' Carolyn Jo , City Sec etary