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04-12-1983 (City Council) Minutes CITY COUNCIL MINUTES REGULAR MEETING APRIL 12, 1983 7:00 P.M. The Wylie City Council met in regular session at 7:00 p.m. on April 12, 1983 in the Council Chambers at City Hall . Mayor Squires presided. A quorum was present and notice of the meeting had been posted for the time and manner required by law. Those in attendance were the Mayor, Mayor Pro-Tem William Martin, Council members Harold Eavenson, Geline Dodd, Reta Allen and Percy Simmons, City Manager Lee Vickers, City Secretary Sarah Connelly, Chief-of-Police Royce Abbott, Planning and Zoning members Bryant Barry, Mike McAnally and numerous citizens. Mayor Squires called meeting to order and gave the invocation. APPROVAL OF PREVIOUS MINUTES AND ACCOUNTS PAYABLE. Councilwoman Dodd made motion to approve accounts payable, seconded by Councilman Eavenson, all in favor. Mayor Squires requested that the approval of P & Z minutes from March 24, 1983 be withheld pending amendment from P & Z Commission. Mayor Pro-Tem Martin made motion to approve previous minutes, with the exclusion of P&Z minutes of March 24, 1983. Councilman Eavenson seconded, all in favor. EMERGENCY AGENDA ITEM: ADOPT AN ORDINANCE AMENDING ORDINANCE #81-5 WHICH -� RELATES TO THE SAME 36.39 ACRE TRACT OF LAND (LOCATED SOUTH OF ALANIS AND MARTINEZ LANES) WHICH WAS VOTED UPON FOR MH (MOBILE HOME DISTRICT) ZONING ON FRIDAY APRIL 8, 1983. Mayor Pro Tem Martin requested a caucus with the Council before acting on this item. Mayor Squires stated he did not feel that the Council could neet in a caucus. Mayor Pro Tem Martin made request again, seconded by Councilman Eavenson. Mayor granted caucus and asked that Council Chambers be cleared. After Council caucus, Mayor reopened meeting into session, and continued on with discussion of agenda. In reference to open meetings law 62-52-17 VACS Section 3 Article F does authorize items to be added to agenda under emergency or emergent public necessity which shall be expressed in the notice of to be sufficient. Councilman Simmons stated that the Council had agreed to handle this issue and not carry over to new Council and in his opinion this was an emergency. Mayor stated that he did not feel this was an emergency item constituting emergent public necessity. Mayor Pro-Tem Martin stated unless proven different by legal counsel he did not feel it was an emergency item. Councilman Eavenson stated he was not sure if it was or not. Mayor asked Ms. CaMille Elliott, legal counsel for the City, for definition. She stated that the reasons given were not a matter of emergency since it was only a prefernece and that it should have been complied with according to regular posting of agendas. Councilman Simmons requested that in view of attorney's opinion that item be removed from agenda. Seconded by ..., Councilwoman Dodd, all in favor. Councilman Martin requested that minutes show that the following were not aware of this item being added to agenda before it was posted, Mayor Squires, Councilmen Martin and Eavenson. i k INSTALL NEW COUNCILMEMBERS - Mayor administered oath of office to John Akin, Cleo Adams, and Don Hughes. Councilman Simmons made motion to nominated Councilman Akin as Mayor Pro Tem, seconded by Councilman Hughes, all in favor. CONDUCT PUBLIC HEARING TO REZONE LOT 3, BLOCK 6, KELLER I ADDITION FROM SF-2 TO R (RETAIL) 404 S. JACKSON. Mayor opened public hearing. There being no comments or questions on this matter, Mayor closed public hearing and returned to Council . Mayor Pro-Tem Akin made motion to allow change in zoning, seconded by Councilman Martin, all in favor. REVIEW PROPOSED PLAT FOR 14ACRES LOCATED ON EAST SIDE OF FM544 SOUTHEAST OF WYLIE, RESIDENTIAL DEVELOPMENT IN ETJ. After discussion on this development in the City of Wylie's ETJ, motion was made by Councilman Simmons for Council to go along with P & Z recommendations and that this issue and future developments be handled in a work session and a procedure be set up with Planning & Zoning and City Council on what is expected on developments outside of city. Seconded by Mayor Pro-Tem Akin, four in favor, Councilman Hughes abstained. APPROVE AND ACDEPT DRAINAGE EASEMENT NEEDED FOR KINSINGTON MANOR ESTATES Developers agreed that they would be responsible for the initial cost of easement. Mayor Pro-Tem Akin made motion to approve easement, Councilman Adams seconded, four in favor, Councilman Simmons abstained. APPROVE PAVING PLANS FOR PIRATE DRIVE Mayor Pro-Tem Akin made motion to table this item pending results of instructions given to City Manager by Council . Councilman Simmons seconded the motion, four in favor, Councilman Adams abstained. Departmental reports were reviewed. Council set up a work session for Saturday April 16, 1983 at 8:30 a.m. in the Council Chambers without agenda items. Councilman Martin made motion to adjourn. Seconde y Councilman Simmons, all in favor. obe t B. uires, Mayor ATTEST: J Sarah Connelly, City Secretary