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07-09-1991 (City Council) Minutes CITY COUNCIL MEETING MINUTES JULY 9, 1991 The City of Wylie City Council met in regular session on Tuesday, July 9 , 1991 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 Jay Davis , Council Members Percy Simmons , Don Hughes, William Martin, Ortie Messenger , and Jim Swartz , City Manager Bill Dashner , City Secretary Carolyn Jones, City Attorney Steve Deiter , City Engineer Paul Beaver and Code Enforcement Officer Rick Hertzberger . Mayor Akin called the meeting to order and Rev. Mark Ellis, Shiloh Baptist Church gave the invocation , which was followed with the Pledge of Allegiance. APPROVAL OF THE MINUTES FROM THE JUNE 11TH AND 18TH, 1991 COUNCIL MEETINGS : There being no corrections or additions to the minutes of June llth and 18th, a motion was made by Councilman Hughes to approve as submitted and seconded by Councilman Williams. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor, Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CALLING A JOINT MEETING OF CITY COUNCIL, DEVELOPMENT CORPORATION OF WYLIE, INC. AND THE WYLIE CHAMBER OF COMMERCE FOR JULY 16 , 1991 : A motion was made by Councilman Swartz to approve the meeting date of July 16 , 1991 . Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. APPROVING A GRANT APPLICATION TO THE NATIONAL FITNESS CAMPAIGN FOR THE PARK AND RECREATION DEPARTMENT: The City ' s Park and Recreation Director has prepared a grant application in the amount of $16 ,850. This is to construct a fitness center at the Community Park. If the City is successfully in this grant application the Park and Recreation Department will have to match the grant amount with $2 ,403 . Council authorization is requested to apply for this grant. A motion was made by Councilman Martin to approve the grant application to the National Fitness Campaign for the Park and Recreation Department. Seconded by Mayor Pro Tem Davis . The vote was as follows : Mayor Akin 8 2 - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor, Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER PAYMENT OF CLAIM TO GOVERNMENTAL SERVICE AGENCY, INC. FOR WORK DONE ON RECODIFICATION OF CITY CODE OF ORDINANCES: The total cost of this contract is $8 ,500 .00 and this invoice is in the amount of $2 ,550. 00. This contract is 50o completed and staff recommends approval . A motion was made by Councilman Messenger to approve the payment of claim to Governmental Service Agency, Inc. in the amount of $2 ,500 . 00 . Seconded by Councilman Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor, Councilman Swartz - in favor, Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor, and Councilman Simmons - in favor. This motion carried with all in favor . PAYMENT OF INVOICE NO. 03-028902-011 FROM JONES & NEUSE FOR MAY 1991 SERVICES AT THE WYLIE SERVICE CENTER: This invoice is in the amount of $703 .59 and staff recommends approval . A motion was made by Councilman Hughes to approve payment in the amount of $703 . 59 to Jones & Neuse. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Davis - in favor, Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor, Councilman Messenger - in favor, and Councilman Simmons - in favor. This motion carried with all in favor. PAYMENT OF INVOICE NO. 03-028901-028 FROM JONES & NEUSE FOR MAY, 1991 SERVICES ON THE LANDFILL CLOSURE PROJECT: This invoice is in the amount of $1 ,116 .12 for work on the landfill closure. All new monitoring wells are in place and samples have been taken and test results are currently being analyzed by the Consultant . Staff recommends payment . A motion was made by Councilman Simmons to approve payment in the amount of $1 ,116 .12 to Jones & Neuse. Seconded by Councilman Messenger. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor, Councilman Martin - in favor, Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. APPROVAL OF CONTRACT AMENDMENT TO THE ENGINEERING CONTRACT FOR THE REVISED ZONING MAP IN THE AMOUNT OF $1 ,121 . 72 AND PAYMENT OF CLAIM FOR $1 ,121 .72 TO HELMBERGER ASSOCIATES: This is an invoice from Helmberger Associates and a request from the contract amendment in the amount of $1 ,121 .72 to their existing Zoning Map contract . A total of $452 .34 is related to the emergency Martinez Lane Replat , which I approved to be incorporated into the existing contract . The 83 remaining work of $669 .38 is for meeting with attorney and additional status reports, and briefing to update the City Engineer and myself due to a change in management of the Planning Department. The original date of completion for the draft map was June 21 , 1991 which would have produced the final map for Council approval . Since the map has been tabled and additional review necessary, I recommend approval of the addendum so that the original scope of services can be clearly identified and related payments made. A motion was made by Councilman Simmons to approve the contract amendment and to pay the invoice in the amount of $1 ,121 .72 to Helmberger Associates. Seconded by Mayor Pro Tem Davis. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor, Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. PAYMENT OF INVOICE FROM SHIMEK, JACOBS & FINLKEA FOR SERVICE ON THE NEWPORT HARBOR PROJECT: This invoice is in the amount of $1 ,487 .19 and payment is recommended . A motion was made by Councilman Martin to approve the payment of $1 ,487 .19 to Shimek, Jacobs & Finklea. Seconded by Councilman Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor, Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor, and Councilman Simmons - in favor . This motion carried with all in favor. PROPOSAL FROM LONE STAR GAS TO PROVIDE NATURAL GAS TO THE MUNICIPAL BUILDING TO REPLACE THE EXISTING PROPANE SERVICE: Lone Star Gas Company has made a proposal to the City to provide natural gas to the Municipal Building to replace the existing propane service. This proposal is based on the fact that they will also be providing natural gas service to the Texas National Guard Armory. The following is their proposal : Extension of the LSG mainline to the bldg. $28 ,895 . (Texas National Guard will also be paying $28 ,895) Service line from HWY 78 to the building $ 280 . Conversion of heating units to Natural Gas from Propane $ 3 ,837 . Total cost to the City $33 ,012 . Under average conditions the use of natural gas in lieu of propane would be an approximate average annual savings of $2 ,092 . 384 A motion was made by Councilman Simmons to table this item, seconded by Councilman Swartz. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Davis - in favor, Councilman Swartz - in favor , Councilman Martin - in favor, Councilman Hughes - in favor, Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor to table. APPROVAL OF MEMORANDUM OF UNDERSTANDING ON THE FINANCING OF TRAFFIC CONTROL SIGNAL ON STATE HIGHWAY 78 : In the event the State Department of Transportation does not fund this project , there is a need for a Memorandum of Understanding Agreement between Brookshires Grocery Co. , Eckerds Drug Co. , and the City of Wylie to share in design and construction work on an equal basis . Project will have to be designed and then competitive bids will have to be sought for the installation. The exact cost will not be known until bids are opened . A motion was made by Councilman Messenger to approve the Memorandum of Understanding with the following added to it, "This agreement is needed in the event the State does not fund the project" . Seconded by Councilman Hughes. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor, Councilman Martin - in favor, Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ACCEPTANCE OF PROPOSAL FROM JBM CONSULTING ENGINEERS TO DESIGN ENGINEERING PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNALS ON STATE HIGHWAY 78 : The proposal to engage JBM to prepare plans and specifications for signals in the area of Brookshires Grocery Company, Inc. needs authorization from Council in order to proceed . The cost of this work is $6 ,500 . and is to be shared equally by the City, Brookshires and Eckerds. A motion was made by Mayor Pro Tem Davis to approve the proposal from JBM Consulting Engineers to design the engineering plans and specifications for traffic signals on State Highway 78 in the amount of $6,500 . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor, Councilman Martin - in favor, Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ACCEPTANCE OF CERTAIN REAL PROPERTY TO BE PERMANENTLY DEDICATED AS CITY OF WYLIE ALLEY PROPERTY AND ACCEPT PERMANENT MAINTENANCE OF THE PROPERTY : This is an alley that is privately owned property, but has been used by the City for many years as an alley. Property owners have transferred this real property to the City by way of title and deed . This transfer had to be done to clear title to the property. Therefore I am recommending that the real property which is dedicated and is located between Marble on the North, Keefer on the East and Cottonbelt on the West be 349 accepted by the City of Wylie as a permanent alleyway. A motion was made by Councilman Simmons to approve, seconded by Councilman Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor, Councilman Martin - in favor, Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. THE ADOPTION OF AN ORDINANCE ESTABLISHING THE OFFICIAL ZONING MAP FOR THE CITY OF WYLIE, AND REPEAL ORDINANCE NO. 87-4 WHICH WAS THE OLD OFFICIAL ZONING MAP: For some time the City has been working on updating and correcting the zoning map, and this work has been completed. As soon as the map is completed it will be permanently placed in the Council Chambers . A motion was made by Councilman Hughes to approve the ordinance establishing the official zoning map and repealing Ord. No. 87-4 . Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor, Councilman Martin - in favor, Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . PUBLIC HEARING ON THE REQUEST FOR A ZONING CHANGE ON TRACTS 20 , 16 , 14 , 21 AND 36 OUT OF THE E. C. DAVIDSON SURVEY, ABSTRACT NO. 267 : This property is located off of Martinez Lane and is commonly known as Martinez addition. The zoning request is to change from Single Family 3 to Business 2 . Mayor Akin opened the public hearing and requested those wishing to address the council to come forward at this time and state their name and address for the record. Stoney Watkins stated he is wanting to build on this property and would like to see the zoning change . There being no other comments for or against this zoning change , Mayor Akin closed the public hearing . APPROVAL OF ADOPTION OF AN ORDINANCE CHANGING TRACTS 20, 16 , 14, 21 , AND 36 OUT OF THE E. C. DAVIDSON SURVEY, ABSTRACT NO. 267 FROM SINGLE FAMILY TO BUSINESS 2 : The Planning and Zoning Commission met in regular session on July 1 , 1991 and voted all in favor to recommend the zoning change from SF - 3 to B-2 . A motion was made by Councilman Hughes to approve the Ordinance which will change the zoning for Tracts 20 , 16 , 14 , 21 and 36 out of the E. C. Davidson Survey, Abstract No. 267 from Single Family 3 to Business 2 . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor, Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . 396- PUBLIC HEARING ON THE REQUEST FOR ZONING CHANGE ON LOT 31 OF THE MEADOW ADDITION FROM RETAIL TO BUSINESS 1: This property is located on the southwest corner of S. Ballard and Stone Road . Mayor Akin opened the public hearing and requested those wishing to address the council on this zoning change to come forward and state their name and address for the record. Mr . Frank Mulder - owner of the property in question stated he would like to build a coin operated car wash on this property. This type of business requires a Business 1 zoning. Mr . Steve Wright 406 E. Stone Rd. wanted to know if this would be spot zoning and addressed the fact that a special use permit is for a short time only and to also consider the children that would be walking by the area. There being no other comments, Mayor Akin closed the public hearing. APPROVAL OF AN ORDINANCE CHANGING LOT 31 OF THE MEADOW ADDITION FROM RETAIL TO BUSINESS 1: The Planning and Zoning Commission met in regular session on July 1, 1991 and all voted against recommending the rezoning. The City staff recommends that this rezoning request be approved . A motion was made by Councilman Swartz to table this item and return it to Planning and Zoning for reconsideration or clarification of why they recommended against the zoning change . Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor, Councilman Swartz - in favor, Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor. This motion carried with all in favor to table. CONSIDER INTERIM AGREEMENT BETWEEN THE CITY OF WYLIE AND REPRESENTATIVE OF SOUTHFORK MOBILE HOME PARK: This agreement would indemnify the City of loss of revenue until owners of Southfork Mobile Home Park could present acceptable permanent agreement. This agreement has set up rules for both parties, the City cannot remove the individuals water meters, and cannot hold Cambridge liable for any alleged damages resulting from the issuance of the restraining order. Cambridge (Southfork Mobile Home Park agrees to let the restraining order expire and to cancel the hearing on July 9 . A motion was made by Councilman Simmons to not accept the Agreement. Seconded by Mayor Pro Tem Davis. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in 87 favor , Councilman Swartz - in favor, Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Akin invited citizens residing within the City limits of the City of Wylie wishing to address the Council to come forward at this time, to keep their comments to five minutes. Gary Estes of 518 Miss Ellie Circle - addressed Council about the master metering at Southfork Mobile Home Park and about the codes just now being enforced. Steve Wright - 406 E. Stone Rd. - addressed the Council about a Council member in Sachse passing away and asked Council to consider making a donation to her children. There being no other items for discussion, a motion was made to adjourn with all in favor. John W. Akin , 'Mayor ATTEST: Cooly ne , ' ty Secretary A a�r'' SEA L yam= • sYYJ