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06-23-1992 (City Council) Minutes 26 CITY COUNCIL MEETING MINUTES JUNE 23, 1992 The City of Wylie City Council met in regular session on Tuesday , June 23, 1992 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 W. Akin, Mayor Pro Tem Jim Swartz , Council Members Steve Wright, Bud Naish, Reta Allen and Jay Davis , City Manager Steve Norwood, City Secretary Carolyn Jones, City Engineer Paul Beaver, City Attorney Steve Deiter, and Finance Director Brady Snellgrove . Councilman Ortie Messenger was out of town. Mayor Akin called the meeting to order and Mr. Steve Deiter, City Attorney gave the invocation which was followed with the Pledge of Allegiance led by Councilman Naish. APPROVAL OF MINUTES OF JUNE 9 , 1992 COUNCIL MEETING: There being no corrections or additions to the minutes, a motion was made by Councilman Wright to approve as submitted. Seconded by Mayor Pro Tem Swartz . The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Wright - in favor, and Councilman Naish - in favor. This motion carried with all in favor. PRESENTATION BY GLENDA LOTT OF 2501 S. HWY 78 CONCERNING CITY SERVICES OR DIS-ANNEXATION: Mrs. Lott stated to Council had her property was annexed in May, 1986 and as of this date she has no services. Mrs . Lott also stated that she has received copies of Senate Bills which relate to annexation of involuntary property owners . Mrs. Lott stated that according to this material , services are to be extended to my property within two to four years . Mrs . Lott stated that she has been paying taxes for six years and no services. Mrs . Lott asked to be dis-annexed or for the City to provide services . Mayor Akin asked if she was getting fire protection and police protection. Mrs. Lott said neither could not come through the cattle gate she has up. City Engineer, Paul Beaver, stated that her property was within 400 to 500 feet of the City services . City Attorney , Steve Deiter stated that proper procedure would be for Mrs . Lott to file a written request for dis-annexation. There are certain things that have to be done in this written request. Mrs . Lott thanked the Council for their time and stated that she would send in her request. 27 AUTHORIZATION TO CITY STAFF TO SEEK APPLICATIONS FOR MUNICIPAL JUDGE: The City ' s Municipal Judge , Pam Eudaric, has resigned effective July 24, 1992 , as she has taken a full time position with the City of Grand Prairie . Staff would like to seek applications for this position. A motion was made by Mayor Pro Tem Swartz to grant authorization to staff to seek applications for Municipal Judge . Seconded by Councilman Wright. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Wright - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF AMENDED PLAT - EASTGATE ADDITION, BLOCK D, LOT 25 AND 26: The building contractor inadvertently used the wrong front (N.W. ) property marker during the foundation investigation and the error was not discovered until the Final Survey Plat and house construction. The error placed the N.W. corner of the home only 1 ' 6" from the property line instead of the Building Code requirement of 3 ' and the Zoning Ordinance requirement of 6 ' . The amended plat has been prepared in accordance with the Local Government Code , Chapter 212.016 , with the West property lot line relocated to accommodate the the existing house "required" setback on Lot 25 and to still allow the proper placement of any future structure on Lot 26. A motion was made by Councilman Naish to approve the amended Plat for Eastgate Addition, Block D, Lot 25 and 26. Seconded by Councilman Wright. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Wright - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF PAYMENT REQUEST NO. 5 TO RANDALL & BLAKE, INC. IN THE AMOUNT OF $22,351 . 12 FOR LANDFILL CLOSURE : A motion was made by Councilman Naish to approve the Payment Request No. 5 to Randall & Blake , Inc. in the amount of $22, 351 . 12. Seconded by Mayor Pro Tem Swartz . The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Wright - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF AWARD OF BID FOR A NEW FINANCE SOFTWARE/COMPUTER SYSTEM : The City Staff has reviewed the bids for the new finance software/computer system and recommends to Council the bid be awarded to CPS under option Cl . This option includes the IBM RS6000 as the computer hardware platform with a cost of $81 ,360 for hardware and software . Staff has negotiated with CPS to include Municipal Court software at no additional cost to the City. Staff has reviewed and evaluated all six bids and have eliminated the selection down to three vendors. A motion was made by Mayor Pro Tem 28 Swartz to approve the bid award to CPS under option Cl with --A, final contract being brought back to council for approval . Seconded by Councilman Wright. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Wright - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF A RESOLUTION APPROVING THE DESIGNATION OF THE INTERSECTIONS OF THIRD AND OAK STREETS AND FOURTH AND OAK STREETS AS STOP INTERSECTIONS : These stop signs would be replacing existing yield signs . City Engineer, Paul Beaver requested that Council give him some time to review this, as Oak is part of the Thoroughfare Plan for the City and staff may not be able to erect these stop signs. A motion was made by Councilman Naish to approve the Resolution for designating the intersections of Third and Oak Streets and Fourth and Oak Streets as stop intersections . Seconded by Mayor Pro Tem Swartz . The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Wright - against, and Councilman Naish - in favor. This motion carried with five ( 5 ) in favor, and one ( 1 ) against. APPROVAL OF ADOPTION OF AN ORDINANCE (EPA REQUIRED) AMENDING ORDINANCE NO. 86-90, UTILITIES, PROVIDING REGULATIONS FOR THE DISPOSAL OF SEWAGE AND THE USE OF PUBLIC SEWERS, REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO THE SANITARY SEWER OF THE CITY; REGULATING UNSEWERED AND MISCELLANEOUS DISCHARGES, PROVIDING FOR A PERMIT SYSTEM WITH DENIAL, SUSPENSION, REVOCATION AND AN APPEALS PROCESS : This is a revised Pretreatment Ordinance which has been reviewed by the EPA and North Texas Municipal Water District. Along with this ordinance is the required Enforcement Response Plan which designates responsibilities of both the City of Wylie and NTMWD. The City Attorney and City Engineer have reviewed these documents and approved of the intent of the ordinance . Approval of this Ordinance and related Enforcement Response Plan is necessary to meet EPA requirements for re-submittal at the earliest date . Mr. Dolan McKnight of NTMWD was present and stated that it has taken two years to compile this ordinance, and this program has been approved by EPA. There will be a quarterly report to the City. A motion was made by Councilman Wright to approve the adoption of the ordinance amending Ordinance No. 86-90 as listed above . Seconded by Councilman Naish. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor, Councilman Wright - in favor, and Councilman Naish - in favor. This motion carried with all in favor. 29 APPROVAL OF ADOPTION OF AN ORDINANCE ESTABLISHING PROCEDURES AND REQUIREMENTS FOR SITE PLAN REVIEW, AMENDING EXISTING BUILDING SITE REQUIREMENTS, REPEALING SECTION 29 OF THE CITY OF WYLIE ZONING ORDINANCE AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH: This is the ordinance that Council approved at the meeting of June 9th. Council stated that this ordinance was approved with the stipulation that the site plan would go to Planning and Zoning and then come to Council . A motion was made by Councilman Wright to adopt the Ordinance for the Site Plan Review with stipulation that Council will also review the plan after Planning and Zoning . City Attorney Steve Deiter said if Council wants to add this stipulation, then Council needs to table this item until the next meeting . Can not adopt the ordinance and add to it. A motion was made by Councilman Wright to resend his first motion and made a motion to table this item. Seconded by Councilman Naish. After further discussion, another motion was made by Councilman Wright to resend his second motion and made a motion to approve Ordinance as is and for a policy to be set by City Manager to see that copies of the Site Plan Reviews are sent to Council . Seconded by Councilman Davis. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - against, Councilwoman Allen - against, Councilman Davis - in favor, Councilman Wright - in favor, and Councilman Naish - in favor. This motion carried with four ( 4 ) in favor, and two (2 ) against . FINANCIAL REPORT: Finance Director Brady Snellgrove gave the following financial report: Revenues: General Fund $2,477 ,647 through May 31, 1992 Utility Fund $1 , 204, 192 . through May 31 , 1992 Sanitation Fund $261 ,020 . through May 31 , 1992 Impact Fund $ 44 , 250. through May 31 , 1992 Expenditures: General Fund $1 ,720 , 805 . through May 31 , 1992 Utility Fund $1 , 282 , 278. through May 31, 1992 Sanitation Fund $212 ,367 through May 31 , 1992 Impact Fund $ 13, 641 through May 31, 1992 . 30 CITIZENS PARTICIPATION: Mayor Akin invited those wishing to —• speak to come forward at this time , to state their name and address for record and to keep their comments within five minutes. Mayor Akin also said that any discussion will be limited to placing the item on a future agenda for consideration. There were no speakers at this time. Mayor Akin recessed the open meeting at 9: 00 P.M. and convened Council into Executive Session under the Authority of Article 6252-17 V.A.C .S. , Section 2 paragraph "e" consultation with City Attorney concerning contemplated litigation from former Police Officers B. Naylor and F . Mauri. Mayor Akin called the Council back into open session at 10: 15 P.M. and stated there was no action necessary from the Executive Session. There being no other items for discussion, a motion was made to adjourn with all in favor. J t John W. Akin, Mayor ATTEST: / ..•. fel Ca0/1/S� /1�•'� P/, /44-1'//W FJetary Mary Nichols, City Secretary r w ,�i 'J G � , SEAL -mac nuinnl nnaa\\\a��