03-09-1993 (City Council) Minutes 107
Minutes of the Wylie City Council
March 9, 1993
CALL TO ORDER
5
Mayor John Akin called the meeting to order with the following Councilmembers
present: Jim Swartz, Reta Allen, Steve Wright, and Bud Naish. Ortie Messenger was
absent.
10 MINUTES OF FEBRUARY 23, 1993
Wright made a motion to approve the minutes. Allen seconded the motion. The
motion was voted on and passed unanimously.
15 ORDINANCE NOS. 93- 14 AND 93- 15 DISANNEXING APPROXIMATELY 30 ACRES
LOCATED ON PARKER ROAD
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING TRACT 7 OUT OF THE I.
& G. N. RWY CO. SURVEY, COLLIN COUNTY ABSTRACT NO. 1059, CONSISTING OF
20 APPROXIMATELY 4.0 ACRES, FROM THE CITY OF WYLIE; AND CONTRACTING THE
CORPORATE BOUNDARIES OF THE CITY OF WYLIE ACCORDINGLY, REPEALING ALL
CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE
25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING TRACT 23, TRACT 24,
TRACT 28,TRACT 29, AND TRACT 32 OUT OF THE W. PENNY SURVEY, COLLIN COUNTY
ABSTRACT NO. 696, CONSISTING OF APPROXIMATELY 25 ACRES, FROM THE CITY OF
WYLIE; AND CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE
ACCORDINGLY , REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A
30 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
These ordinances were considered as a result of a petition filed on February 11,
1991 for disannexation based on failure to provide city services. Although the petition
was filed with the City Manager at the time and not with the City Secretary, City Attorney
35 Steve Deiter determined that all other aspects of the petition met Statutory requirements.
Mayor Akin confirmed with property owners present that the properties were not
receiving City water or sewer services. Swartz made a motion to approve the ordinance
disannexing approximately 25 acres. Naish seconded the motion. The motion was
40 voted on and passed unanimously.
ORDINANCE NO. 93-13 ACCEPTING REVISED LONE STARS INCREASES
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, FIXING AND DETERMINING THE
45 GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS, TO
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RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED,
ADJUSTED, AND AMENDED; APPROVING THE ELIMINATION OF THE RATE SCHEDULES
FOR PUBLIC FREE SCHOOLS-N AND THE COMMERCIAL CONTRACT PUBLIC SCHOOL
50 RATE; PROVIDING FOR A TAX ADJUSTMENT; PROVIDING FOR A SCHEDULE OF SERVICE
CHANGES; AND PROVIDING FOR THE RECOVERY OF ANY CURRENT OR UNRECOVERED
PRIOR RATE CASE EXPENSE; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
55 Davis made a motion to approve the ordinance. Naish seconded the motion. The
motion was voted on and passed unanimously.
REQUEST FROM GIRL SCOUT TROOP 353 FOR CARNIVAL ON APRIL 4TH AT
COMMUNITY PARK
60
Wright made a motion to approve the use of the park for a fund raising carnival
on April 4th and a rain-out date of April 18th. Allen seconded the motion. The motion
was voted on and passed unanimously.
65 REQUEST FOR EXTENSION OF WATER SERVICE TO AGRICULTURAL COMPLEX
LOCATED ON SANDEN BOULEVARD
Bill Lewis explained that Birmingham Land Trust had purchased a tract of land off
Sadden Blvd to be developed as a pig barn but the tract was not within the corporate -- .
70 city limits. He explained that the Land Trust was proposing to build a two inch private
line to hook up to the city line. City Manager Steve Norwood stated that he would
prefer the Land Trust extend the existing eight inch line. Smith stated that the 1115 foot
eight inch line would be cost prohibitive at an estimated $21,000.
75 Naish made a motion to authorize the extension of a two inch private line from
the road where it will connect to an eight inch line that will run underneath Sanden
Boulevard. Allen seconded the motion. The motion was voted on and passed with all
in favor except Davis who was opposed and Mayor Akin who abstained due to potential
a conflict of interest.
80
AUTHORIZATION FOR CITY MANAGER TO EXECUTE CONTRACT WITH ESPY
HUSTON AND ASSOCIATES FOR DEVELOPMENT OF A COMPREHENSIVE PLAN
Douglas B. Cargo, with Espy, Huston & Associates, discussed the development
85 of the comprehensive plan and the components it would contain including a
thoroughfare plan, parks and recreation plan, land use plan, and utility plan. Cargo
estimated the development of the plan to take approximately 12 months. The City
Manger noted that while only $15,000 was budgeted for this plan but that a portion of
the impact fees could be used to supplement the cost of the utility planning. Wright
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90 made a motion to authorize the city manager to execute a contract. Swartz seconded
the motion. The motion was voted on and passed unanimously.
ORDINANCE NO. 93-17 ADOPTING REVISED COMPREHENSIVE FEE SCHEDULE
95 Council reviewed revisions and compared proposed fees to the existing fee
schedule including a reduction in the proposed fence permit fee from $35.00 to $20.00,
a reduction in the massage parlor fee from $500 to $250, a reduction the junk/salvage
yard fee from $1000 to $250, and an increase in the number of no charge WSA
tournaments from five to seven.
100
Additional discussed focused on re-inspection fees and the development of a
policy that required a fee upon fourth re-inspection. Davis made a motion to approve
the ordinance revising comprehensive fees. Wright seconded the motion. Mayor Akin
read the ordinance caption. The motion was voted on and passed unanimously.
105
AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING APPENDIX'A'OF THE WYLIE
CITY CODE(WYLIE FEE SCHEDULE) BY AMENDING SECTIONS 2.01,2.02,2.03,2.04,2.05,
7.00, 8.00,9.05, 12.00, 19.00,21.00,24.00, 30.02,31.01,32.00,34.00,AND 42.02 THEREOF;
REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE;
110 CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
ORDINANCE 93-16 REGULATING SALE OF OBSCENE MATERIALS
Naish made a motion to approve the ordinance. Wright seconded the motion.
115 Akin read the ordinance caption. The motion was voted on and passed unanimously.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING THAT THE CODE OF
ORDINANCES OF THE WYLIE, TEXAS, BE AMENDED BY ADDITION OF A CHAPTER
NUMBERED 13A, AND TITLED 'OBSCENITY', MAKING IT UNLAWFUL TO PROMOTE
120 OBSCENE MATERIAL; DEFINING CERTAIN TERMS; REPEALING ALL CONFLICTING
ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE
NEWPORT HARBOR PUMP STATION CONSTRUCTION
125
City Manager Steve Norwood explained that a new pump station was the most
economically feasible solution to the water pressure problems in Newport Harbor. He
stated that the pumps station would serve an additional 300 houses and would increase
fire fighting capabilities for protection of the existing homes. Terry Millican of the
130 engineering firm Freeman Millican and Associates, stated that the pump station would
solve the pressure problems at Newport Harbor. Davis expressed concern that the
estimated $40,000 might be better spent on another project. After additional discussion,
Swartz made a motion to authorize the City Manager to proceed with construction of the
Newport Harbor pump station. Allen seconded the motion. The motion was voted on
1.2z and passed with all n favor except Davis who was opposed.
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110
AWARD OF CONTRACT FOR ENGINEERING AND DESIGN FOR ALANIS WATER . ,
LINE AND FIRST STREET SEWER LINE IN AN AMOUNT NOT TO EXCEED $9,500
Bob Hogan, consulting engineer, estimated the cost of the First Street water line
140 at $52,000 and the sewer line at $32,000. Norwood explained that the City Council had
originally planned to budget for the First Street sewer line and pay for the water line with
grant money which staff now knows the City will not be receiving. He proposed that
Council authorize the relocation of the Alanis line and the replacement of the existing
deteriorated sewer line on First Street.
145
Davis made a motion to award the engineering and design contract to Hogan
Associates in an amount not to exceed $9500. Naish seconded the motion. The motion
was voted on and passed unanimously.
150 STAFF REPORTS
Finance Director Brady Snellgrove updated Council on the preparation status of
the comprehensive annual finance report and noted that copies of the 1992-1993 budget
were now available.
155
CITIZEN PARTICIPATION
Shirley White, 711 Parker Road, asked Council to reimburse her for taxes she paid
over the past two years that her property was within the Wylie City limits. City Attorney
160 Steve Deiter stated that reimbursement was not provided by law because (1) the tax
code allowed refunds for clerical errors only (2) the State Constitution required equitable
taxation and (3) the State Constitution prohibited the giving away of tax dollars.
Bill Downs, 601 Parker Road, reminded Council that a class action lawsuit was an
165 available option and Chuck Kernst stated that police protection had not been provided
while the recently disannex property was in the City limits.
EXECUTIVE SESSION TO DISCUSS APPOINTMENT OF PRESIDING ELECTION
JUDGES AND ALTERNATE PRESIDING JUDGES FOR THE 1993 ELECTION
170
Council adjourned into Executive Session at 8:35 p.m. under Article 6252-17
V.A.C.S. to discuss personnel regarding appointment of election judges. Upon
reconvening into regular session at 8:50 p.m. Naish made a motion to appoint the
following judges:
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Precincts 27, 56 & 83 - Wylie Methodist Church
Presiding Judge - Glen Graves
Alternate Presiding Judge - John Crow ,
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180 Precinct 25 - Southfork Mobile Home Park Clubhouse
Presiding Judge - Debra Leverington
Alternate Presiding Judge - Kelly Dethloff
185 Swartz seconded the motion. The motion was voted on and passed unanimously. As
there was no further business to come before the Council for consideration, the meeting
adjourned at 8:40 p.m.
,/-%/2:/il 2-1/
190 M r John W. Akin
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Cityl,Secvetaw Mary Nichols
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