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01-12-1993 (City Council) Minutes 88 MINUTES OF THE WYLIE CITY COUNCIL JANUARY 12 1993 CALL TO ORDER 5 Mayor John Akin called the meeting to order with the following Councilmembers present: Jim Swartz, Reta Allen, Jay Davis, Ortie Messenger, Steve Wright and Bud Naish. CONSENT AGENDA 10 1) the Minutes of December 8, 1992 2) Resolution No. 93-1 Authorizing Execution of Applications for Regular Tax Exempt License Plates 15 3. Ordinance No. 93-1 Ratifying the January 20, 1990 Election and Imposing Sales Tax for Economic Development AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DECLARING 20 RESULTS OF ELECTION HELD JANUARY 20, 1990 FOR IMPOSITION OF ONE-HALF CENT SALES TAX FOR ECONOMIC DEVELOPMENT AND IMPOSING SUCH SALES TAX AS OF JULY 1, 1990, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DA1'h 25 Mayor Akin read the ordinance aloud. Naish made a motion to table item a) and approve the remainder of the Consent Agenda. Allen seconded the motion. The motion was voted on and passed unanimously. 30 APPOINTMENT WITH KEVIN KERR REGARDING "NO-PARKING" REQUEST ON STONEYBROOK LANE Kevin Kerr presented the Council with a petition containing 63 names of residents in the subdivision surrounding Stoneybrook Lane. Kerr requested Council to provide for 35 "no-parking" on one or both sides of Stoneybrook in an attempt to protect pedestrians and prevent side-swipe accidents. Council confirmed with Fire Chief Jim Lynch that emergency equipment had not experienced problems passing through the street. 40 Sarah Banady,408 Stoneybrook,stated opposition to"no-parking"because emergency equipment was able to get down the street and if the parking were removed, speed would increase. 45 Robert Cobran stated that if parking were removed, there would be nowhere for 1 89 teenage drivers and guests to park. She stated that parking on one side would cause the opposite side additional problems with blocked mailboxes and that enforcement would take too much police officer time. 50 Glenda Arc, 403 Stoneybrook, said that speed was the problem, not the parking of vehicles. Council instructed staff to count cars at peak hours on Stoneybrook, investigate the numbers of accidents taking place on the street, and return to Council with a report at the 55 next meeting. REQUEST FROM ROBERT FUSTON AND JOHN WILLINGHAM FOR WAIVER OF IMPACT FEES ON TWO FOURPLEX STRUCTURES 60 John Willingham, 10109 Brentridge Court in Dallas, told Council that he had been mis-informed regarding the estimated impact fees for a residential structure. He requested that Council waive the portion of his $4950 total fee that exceeds $1100 per building or $2200. 65 City Engineer Paul Beaver explained that the complainants had asked a generic question regarding impact fees and had been told $1100 per single family structure. He explained that fourplexes were classified as high density. Council instructed the City Attorney to 1) investigate the possibility of classifying the /0 structure as low density and 2) determine the Council's ability to grant a waiver 3) determine if the ordinance must be amended in order to waive fees. PRESENTATION FROM JOANNE HOLTZCLAW FROM TCI CABLE 75 Ms. Holtzclaw stated that TCI was making a moderate rate increase in order to provide increased service to its customers. Holtzclaw answered questions of Council regarding poor reception in certain areas, limited channel access, and higher rates with less channels than a neighboring city. Holtzclaw explained that in order to provide 60 channels, TCI would be required to change the electronics on every service pole and cable box in the 80 City. Council requested Holtzclaw to return at a later date with responses to Council's concerns. AWARD OF CONTRACT FOR PURCHASE OF POLICE VEHICLES 85 Swartz made a motion to accept the staff recommendation and award the purchase to the State of Texas General Services Commission cooperative purchasing program who would purchase vehicles from Interstate Ford of Spring, Texas at a cost of$12,562 for each Ford Crown Victoria. Messenger seconded the motion. The motion was voted on and passed unanimously. 2 90 90 FINAL PLAT FOR LOTS 3R, BLOCK A, AND LOTS 2 & 3 BLOCK A, EASTRIDGE --�. ADDITION Mike Schmidt,Building Official,explained that no changes had been made in the plat since its preliminary approval and that the plat combined two small lots into one larger one. 95 Naish made a motion to approve the plat. Swartz seconded the motion. The motion was voted on and passed unanimously. CHANGE ORDER NO. 1 FOR RUSTIC OAKS DRAINAGE DITCH IMPROVEMENTS 100 City Engineer Paul Beaver explained that the change order in the amount of $6,240.34 would adjust for final quantities including fencing repairs, rip-rap erosion control, and soil. Messenger made a motion to approve the change order and the revised contract amount of $58,082.34. Allen seconded the motion. The motion was voted on and passed unanimously. 105 PAYMENT NO.3 TO JESKE CONSTRUCTION FOR RUSTIC OAKS DRAINAGE DITCH IMPROVEMENTS Upon motion made by Messenger and seconded by Allen, the $10,127.98 payment 110 was approved. PAYMENT NO 1 TO JRJ PAVING, INC. FOR BIRMINGHAM STREET PAVING AND DRAINAGE IMPROVEMENTS 115 Upon Motion by Messenger and second by Swartz, the $38,862.40 payment representing 70 percent of the $55,500 contract was approved. REQUEST FOR CITY OF SACHSE TO ANNEX TERRITORY LOCATED WITHIN THE CITY OF WYLIE EXTRA-TERRITORIAL JURISDICTION 120 Brady Snellgrove, Acting City Manager in the temporary absence of Steve Norwood, explained that the City of Sachse proposed to annex Elm Grove Road from Pleasant Valley to the Garland power transmission line easement and Pleasant Valley from Muddy Creek to Elm Grove. He explained that Sachse could to enter into a joint road maintenance 125 agreement with Dallas County if both roads were completely within the Sachse City limits. Naish made a motion to approve the request. Swartz seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS 130 Snellgrove reported that the fund balance in the general fund was estimated at $376,000 which was a substantial improvement over the ending balance in 1991 of$189,000. He stated that the audit would be complete in February. City Engineer Paul Beaver stated 3 91 that Birmingham would be complete when weather permitted and that the landfill __ 5 monitoring was complete. CITIZEN PARTICIPATION Charles Lewis, 119 Rustic Trail, stated that a vacant field behind his residence had 140 filled with water,was breeding mosquitoes and posed a drowning threat to children as it was four and 1/2 feet deep at its deepest point. He asked the Council to determine if the City had any ability to fill or repair the ditch. EXECUTIVE SESSION 145 Council adjourned into Executive Session at 8:50 p.m.under Article 6252-17 V.A.C.S. to discuss Land Acquisition regarding real estate for economic purposes. ADJOURNMENT 150 Upon reconvening into regular session and as there was no further business to come before the Council for consideration, the meeting adjourned. 2 155 PROVED ,d.„616(1 AT ES °114(4