07-23-1985 (City Council) Minutes }
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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
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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
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- 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 .
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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
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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
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ATTEST e
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Carolyn Jo , City Sec etary