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
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- 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
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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 .
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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
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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
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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''
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