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05-26-1992 (City Council) Minutes 21 CITY COUNCIL MEETING MINUTES MAY 26, 1992 The City of Wylie City Council met in regular session on Tuesday May 26, 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 Jay Davis, Reta Allen, Bud Naish, Steve Wright and Ortie Messenger, City Manager Steve Norwood, City Secretary Carolyn Jones, City Attorney Steve Deiter , City Engineer Paul Beaver, Finance Director Brady Snellgrove and Code Enforcement Officer Rick Hertzberger. Mayor Akin called the meeting to order and Scott Brown of the First Baptist Church gave the invocation with the Pledge of Allegiance led by Councilman Naish. Mayor Akin welcomed everyone and announced a meeting with the Highway Department will be held on June 2nd at 7:00 P.M. regarding the improvements to Highway 78 and FM 544. APPROVAL OF MINUTES OF MAY 12 , 1992 MEETING: There being no corrections or additions to the minutes of the May 12th City Council meeting , a motion was made by Councilman Messenger 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, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF AN ORDINANCE VACATING A PORTION OF THE FIRST ALLEY EAST OF THE INTERSECTION OF HILLTOP AND BUTLER STREETS: This ordinance would provide fora portion of such vacated alley to revert to the adjacent property owners , reserving and excepting from such vacation certain rights for sidewalk and utility easements. City Attorney Steve Deiter said the portion of the alley being vacated would be approximately 110 feet from Butler Street to the east turn in the alley. A motion was made by Councilman Wright to install speed bumps at the north end of the alley and install speed limit signs . City Attorney Steve Deiter said the Council should not take any type of action other than accepting or denying the Ordinance vacating a section of this alley. A motion amending the first motion was then made by Councilman Wright to deny the Ordinance vacating a portion of the first alley east of the intersection of Hilltop and Butler Streets . Seconded by Councilman Naish. The vote was as follows : Mayor Akin - in favor, Mayor Pro 22 Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - against, Councilman Wright -in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with a six in favor and one against. APPROVAL OF ORDER ADOPTING THE EIGHT (8 ) CHARTER AMENDMENTS APPROVED ON MAY 2 , 1992 BY THE VOTERS: City Attorney Steve Deiter said in reference to the adoption of the charter amendments these were done in compliance with Code/law and the charter. Mr. Deiter stated that he worked with the Charter Review Committee and helped them to meet all requirements. Mr. Deiter said he does not feel there is a problem with constitutional rights on any of these amendments. You can limit a person' s rights to run for office if he/she is indebted to the City. Mr. Deiter suggested to the Council to consider passing the order and if further study shows there is a problem with the constitutional rights, then it can be corrected or table the item until further study is done . Mayor Akin stated that legally since the citizens have voted, then Council should adopt the order . Mr. Deiter said yes, if Council chooses not to adopt this then citizens could come back on the Council . ., A motion was made by Councilman Messenger to approve the Order but to also request these be sent to the State for review. 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, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF PAYMENT OF INVOICES FROM HELMBERGER ASSOC. IN CONNECTION WITH THE LAND FILL CLOSURE: This payment request is for invoice 9188-2 in the amount of $600.00; invoice 9190-3 in the amount of $4 , 569.78; invoice 9207-4 in the amount of $2,751 . 82 ; and invoice 9221 in the amount of $4, 149 .86 . A motion was made by Councilman Messenger to approve the above named invoices to Helmberger Assoc. in connection with the land fill closure . Seconded by Councilwoman Allen. 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, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF PRELIMINARY PLAT EXTENSION FOR 90 DAYS FOR OAK RIDGE ADDITION: The developers of Oak Ridge Addition have requested this 90 day extension in order to complete and present their final plat for approval . Councilman Wright 23 voiced his concern of having these homes next to an industrial area. A motion was made by Councilman Messenger to approve the 90 day extension. Seconded by Councilman Davis. 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, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with six in favor, and one against. APPROVAL OF BID AWARD FOR WATER/SEWER UTILITY SUPPLIES: This is the annual contact for supplies in water/sewer utility departments . Staff received bids from four bidders and bids were broken down into seven groups. Staff recommends the following award of bid: Ferguson Enterprises No. 1 cooper pipe/fittings $1 ,806. 20 No. 2 pvc pipe/fittings $1 ,775. 40 Industrial Intern' 1 . No. 3 tapping saddles $1 ,076. 33 No. 5 bronze fittings $3 ,798.80 No. 6 miscellaneous $1 ,783. 09 No. 7 meter boxes/locks $2,860 . 30 Bowles and Edens No. 4 repair clamps $1 ,792 .94 A motion was made by Councilman Wright to approve the bids as recommended by staff and stated 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, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF THE REVISION OF THE ZONING MAP IN PREPARATION FOR A COMPREHENSIVE PLAN: Mr. Rick Hertzberger, Code Enforcement Officer, stated that in August, 1991 the City Council approved a new official Zoning May. The staff has begun the evaluation of the 1980 Comprehensive Plan, as related to this zoning map and have found several incompatible land uses that need immediate attention and are as follows : 1 . Downtown zoning and boundaries 2. Highway 78 and FM 544 corridors 3 . Numerous inter-city non-compatible zoning districts. Staff is requesting Council to consider zoning the Downtown area as Central Business District , to give staff instructions to continue the study and present to Planning and Zoning and then come back to Council . To date the downtown area has several zonings , such as Retail , B-1 and 24 B-2 , rezoning this area and putting all lots on Ballard St. -IA., from Highway 78 to Brown Street under Central Business District Zoning , would bring all lots compatible and not look like spot zoning. This would not affect any of the residents living there today, they would be able to remain in their homes. A motion was made by Mayor Pro Tem Swartz to have staff and the Planning and Zoning Commission to begin working on the Central Business District for the downtown area. Seconded by Councilman Naish, but also to not hold up any other pending zonings that have been requested in this area. 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, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. APPROVAL OF AMENDMENTS TO THE 1991-92 BUDGET FOR THE CITY OF WYLIE: Finance Director Brady Snellgrove stated the Technical Amendments being requested for consideration are: the budgeting G.O. Bond Debt in the Debt Service Fund, deletion of the council Reserve as an expenditure item, reducing the Worker' s Comp. budget, allocating the City Manager' s Reserve and reducing Debt Service in the Utility Fund. The Budget Amendments being requested for approval — are to reduce the Sales Tax Revenue , the Delinquent and Penalty/Interest Taxes, and budgeting Interest Income in the Debt Service Fund. A motion was made by Councilman Wright to approve the Technical and Budget amendments as listed above in the 1991-92 Budget. 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, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. CITIZEN PARTICIPATION: Mayor Akin invited citizens wishing to addressed the Council to come forward at this time and state their name and address and to limit their comments to five minutes. Mayor Akin stated that any discussion must be limited to placing the item on a future agenda for consideration. There were no speakers at this time . There being no other items for discussion, a motion was made to adjourn with all in favor. ,:„.,,„ i / . Jo n W. Aki , Mayor ATTEST: Carlo //� /S�� ,�� $f�AlYY �. :,W Mary Nichols, City:Se,: kig S ' q/111111U1111 V.\\\����