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.
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John W. Akin, Mayor
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