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06-26-1990 (City Council) Minutes 136 CITY COUNCIL MEETING MINUTES JUNE 26, 1990 The City of Wylie City Council met in regular session on Tuesday, June 26, 1990 at 7 : 00 P .M. in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John Akin, Mayor Pro Tem Don Hughes, Council Members Steve Wright, William Martin, Chuck Wible and Pat Stemple, and City Secretary Carolyn Jones, Code Enforcement Officer Roy Faires, Finance Director James Johnson, Public Works Superintendent Don White, Public Works Director/Engineer Paul Beavers and Ed Richie from the Code Enforcement Department . Councilman Percy Simmons was absent due to illness. Mayor Akin called the meeting to order and Councilman Martin gave the invocation with the pledge of allegiance being led by Mayor Pro Tem Hughes. PUBLIC HEARING ON LAND USE ASSUMPTIONS RELATING TO POSSIBLE ADOPTION OF IMPACT FEES: Mayor Akin opened the public hearing and asked those wishing to address the Council to come forward at this time. Mr . Roy Faires, Code Enforcement Officer, stated the recommendation from the consultants is to use the present Land Use Plan. The land use and growth assumptions were based on 7% growth. Planning and Zoning did approve the Land Use Assumption Plan. Mr . John Fitzpatrick for the Board of Directors from Wylie North East Water Supply stated that "the map in the newspaper shows Wylie water service to be extended into our water service area and we would like to clarify your service area. Our concern is that your map shows you are going to service water in our area" . Mr . Faires said "you should have come forward during the water and sewer portion, but I will assure you we are not wanting to encroach in your area" . Mr . Fitzpatrick thanked Mr . Faires. There being no other comments or questions , Mayor Akin closed the public hearing . Mayor Akin stated that we had to skip item 2 , Public Hearing on the adoption of Impact Fees , as this hearing can not be opened until 8 : 00 P.M. PUBLIC HEARING ON NEW USAGE UNDER ZONING ORDINANCE FOR THE 137 CITY OF WYLIE -- "PROFESSIONAL OFFICE" : Mayor Akin opened the public hearing and requested those wishing to address this subject to come forward. Mr . Faires stated that this was brought to the attention of Planning and Zoning and City Council that the City' s current zoning ordinance did not carry a use for professional office. In checking with other cities we have found most cities do address this classification in their ordinances. This category does not deprive any existing offices from continuing operating . The various uses under "Professional Office" are: Administrative office, for public or semi- public, civic, religious or charitable organizations; Architect offices; Bookkeeping or Accounting; Engineering (office only) ; Lawyer; Telephone Answering Service; Church, Synagogue or Rectory; School public or private; Electric Transmission lines and sub stations; and Licensed Interior Designer. The uses listed above will be the only uses permitted in this category. The Planning and Zoning Commission has heard this and recommends approval unanimously to City Council . There being no other comments or questions, Mayor Akin closed the public hearing. APPROVAL OF MINUTES FROM MAY 29TH AND JUNE 12 COUNCIL MEETINGS : Councilman Wright corrected his corrections of May 22 meeting to reflect fallen veterans instead of veterans. Under item News Media , Councilman Wright corrected the minutes as follows ; "Direct violation of the City Charter , both the Wylie news and whom ever posted this from the City were aware of who the paper of record is and Councilman Wright said this appears to be political tic for tac and I can not vote for this. Mayor Akin said it does not say you can not use both papers . Councilman Wright quoted from page 50 of the Charter that all notices shall be published in this official newspaper . City Secretary stated that she could not reach the Wylie Sentinel and also the Sentinel had not sent a publishers affidavit as she had requested" . Councilman Wright wanted the City Secretary' s statement taken out that stated she had spoken to Mr. Swanson on several occasions and written a letter concerning the publishers affidavits; but this statement was made by the City Secretary. Under Citizen Participation, Councilman Wright added to Mr. Jesse Vance' s statement "This has some merits, first it would be a good cross section of the City. Second, 500 people voted for them and would provide continuity on past programs" and Councilman Wright also corrected the word political favors to read political cronyism" . Under Appointment of Representative to North Texas Municipal Water District ' s Board of Directors, Councilman Wright corrected his statement as follows : "Councilman Wright stated there may be a problem due to the newspaper of record now being Wylie News , if Rita Smith has 138 a financial interest or partial ownership in the News, it would be a conflict of interest . The Wylie News is also the newspaper of record for North Texas Municipal Water District . Councilman Wright asked if Mrs . Smith got back with the City with an answer as requested by Mr . Norwood. Councilman Hughes replied "Rita got back to me and I consider myself the City" . Councilman Wright took out the statement he made as follows : "You would find that Rita Smith is also owner of this paper" . Councilman Wright also took out the statement that Rita Smith is also on the Library Board and stated that it was Mayor Akin that addressed this. Under Bid award for Copier, Councilman Wright made the following corrections , " The City of Richardson, Allen and Irving have this copier and they are very pleased . Councilman Wright stated he noticed on this agenda that almost all pages had writing anywhere from one half to three quarters of the page and he saw no reason why we could not convert to 8 1/2 X 11 agenda" . Under Citizen Participation , Councilman Wright corrected Mr. Jim Swartz statement as follows : "Mr . Swartz said have a plaque put up for all veterans which Raymond Cooper said he would help pay for" . Under Council Discussion, Councilman Wright corrected Mayor Akin ' s statement as follows : "These are some bad accusations you have made and cannot prove them" . Mayor Akin requested that the City Secretary refer back to the tape of this meeting and make the corrections. City Secretary stated that the tape was not a good tape, as Council left the room to consult with the City Attorney and came back in, the tape had been put on pause . At the time it was released from pause, the tape hung and most of the meeting was not picked up on tape. City Secretary also stated that Councilman Wright had talked with the Wylie News and had told her to go there and listen to the tape. Motion was made by Councilman Wright to approve with the above corrections . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . APPOINTMENT OR RE-APPOINTMENT OF MEMBERS TO THE FOLLOWING BOARDS : PLANNING AND ZONING, LIBRARY, PARK AND RECREATION AND ZONING BOARD OF ADJUSTMENTS: Mr . Bobby Jennings of 501 Gaston Drive, stated that I would like to address you on one of the candidates who has signed up for Planning and Zoning and that is Jim Swartz . It took me six months to feel comfortable on this board. I feel he would be a good member with his background from Council . Mayor Pro Tem Hughes wanted to know if anyone had talked to any of these members to see if they would like to move up to another board . Mayor Akin said he has not but it would be a good thing . A motion was made by Councilwoman Stemple to 139 table this item. Seconded by Councilman Wright . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor, and Councilwoman Stemple - in favor . This motion carried with all in favor . AUTHORIZATION TO ADVERTISE FOR BIDS ON STREET RECONSTRUCTION PROGRAM BY OVERLAY CONSTRUCTION UTILIZING TWO METHODS : A. LEASE ALL NECESSARY EQUIPMENT, FORCE ACCOUNTING TEMPORARY LABOR METHOD; B. ASPHALT OVERLAY BY CONTRACTUAL AGREEMENT: Mr. Paul Beaver, Engineer , stated staff has checked into leasing equipment plus talked to four contractors and would like to seek bids on both leasing and contract work. Staff will be able to chose the best way to go . A motion was made by Councilman Martin to grant authorization to advertise for bids on street reconstruction program by overlay construction. Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor. This motion carried with all in favor . APPROVAL OF ORDINANCE AMENDING ORDINANCE NO. 85-23A ZONING ORDINANCE BY ADDING A NEW USAGE UNDER SECTION 16 PROFESSIONAL OFFICE : Mayor Akin said Planning and Zoning has approved recommendation to the Council . A motion was made by Councilman Wright to approve the Ordinance amending Ordinance No. 85-23A Zoning Ordinance by adding a new usage under Section 16 Professional Office . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . APPROVAL OF FINAL ACCEPTANCE OF WESTGATE CENTER: This property is located between Highway 78 and FM 544 . Mr . Faires stated that this is the development of Commercial and Industrial property. Plat work was approved and all work has been completed plus developer has provided additional easement . Planning and Zoning recommends approval . Councilman Wright questioned that there was no legal description on the agenda . City Secretary stated that she was not given a legal description on this property. Councilman Wright also stated that Council needed to be sure and take notice that this plat and the next item will come in prior to us imposing the impact fee. A motion was made by Mayor Pro Tem Hughes to approve the final plat approval and acceptance of Westgate Center . Seconded by Councilman Wright . The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, 140 Councilman Wright - in favor, and Councilwoman Stemple - in favor . This motion carried with all in favor. APPROVAL OF FINAL PLAT FOR CONSTRUCTION ONLY FOR 0 .919 ACRES OUT OF THE E. C. DAVIDSON SURVEY, ABSTRACT 267 FOR HENRY MARTINEZ : Mr . Faires stated Mr . Martinez is sub-dividing a large tract in order to sell to Eckard Drugs. All requirements have been met by our standards and staff and Planning and Zoning recommend approval for construction only. Motion was made by Councilman Wright to approve final plat for construction only for 0 .919 acres out of the E. C. Davidson Survey. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Akin invited anyone wishing to address the Council to come forward at this time and to state their name and address for the record. Mayor Akin also requested that their comments be kept to five minutes. There were no speakers at this time . COUNCIL DISCUSSION: Mayor Pro Tem Hughes stated he has noticed two vacant houses on Dogwood and both have swimming pools and the fences are falling down. I would like for Ed to check this out . Councilman Wright said from the workshop with Talem, Inc. that we are about to enter into an agreement with North Texas Municipal Water District and that our representative needs to be setting up a meeting regarding this . Another thing is the Mayor and Mayor Pro Tem meeting with WSA and not letting the Council be in the meeting. Mayor Akin stated that he thought the joint meeting with Park Board and Council went very well . Mayor Akin also stated that he hoped to have more of these joint meetings to keep each other informed. Mayor Akin called for a ten minute recess. Mayor Akin reconvened Council back to order at 8 :00 P.M. PUBLIC HEARING ON ADOPTION OF IMPACT FEES: Mr . Faires said as part of the Impact Fee Study and Ordinance, we are required to hold a public hearing and adopt impact fees. The Planning and Zoning Commission recommends the impact fees to reflect water in the amount of $600 .00 and wastewater in the amount of $500 .00, which will be a total impact fee of $1,100 .00 . The consultants for this study have recommended water in the amount of $1 ,267 .00 and wastewater in the amount of $957 .00 , both of these figures are the maximum that could be charged . Planning and Zoning must review these fees every six months and give Council a 14f written report. There being no questions or comments, Mayor Akin closed the public hearing. APPROVAL OF AN ORDINANCE ADOPTING IMPACT FEES AS AUTHORIZED BY CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE: Councilman Wright stated that he has talked with Mr . Faires and has some of the same concerns that Mr . Bobby Jennings of Planning and Zoning has. If we adopt an impact fee lower than what the consultants have recommended we may be putting a burden on our residents. With Highway 190 , 78 and FM 544 projects , we may be short on these impact fees and we may have to go out for certificates of obligations or bonds to build before the impact hits and this will be saddling present home owners with indebtedness. Mr . Faires said he disagreed with Councilman Wright . You must remember the six months mandate to review. There is a six month time period between approval of a plat and development of a plat . You have time to review fees and if you find you do not have enough fees then you can review and get the adjustments put through. Councilman Wright asked Mr . Faires if he felt comfortable if these fees were adopted that it wont impact the citizens. Mr. Faires said his concern is for the citizens and would not recommend anything he did not believe in. Mayor Pro Tem Hughes wanted to know if this could be reviewed and revised in less than six months . Mr . Faires said yes. Mayor Akin stated if we overcharge, we will have to pay it back. Mr . Faires said yes, twice the amount you overcharged . Mayor Pro Tem Hughes stated that the chairman of the Planning and Zoning Commission wanted to know if these fees would be collected at time of development or building , what was the answer . Mr . Faires said the ordinance is written to reflect collection at time of building permit. A motion was made by Mayor Pro Tem Hughes to approve the Ordinance for Impact Fees with water being $600 .00 and wastewater being $500 .00 . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor . This motion carried with all in favor . Mayor Akin recessed the open meeting and convened Council into Executive Session at 8 :20 P .M. under the authority of Article 6252-17 V.a.C.S . , Section 2 paragraph "g" Personnel Matters - Evaluations on employees . Mayor Akin reconvened the Council into open session at 9 :20 P.M. A motion was made by Councilman Wright to go with the 142 decision of the Acting City Manager in regards to the merit raises brought forward. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . There being no other matters of business, a motion was made to adjourn with all in favor . John W. Akin , Mayor v' Omnmmn,/ ATTEST: f \� 0A OF W r ,`��`�i � . LsQ2ecretary == //) s• '741, /`1r`1d'i i illlilil\1U\\\\ a