08-24-1993 (City Council) Minutes MINUTES OF THE WYLIE CITY COUNCIL
August 24, 1993
CALL TO ORDER
Mayor John W. Akin called the meeting to order with the following
Councilmembers present: Reta Allen, John Mondy, Steve Wright, and Bud Naish. Ortie
5 Messenger and Jim Swartz were absent.
CONSENT AGENDA
Council considered approval of the Consent Agenda which consisted of the
10 following agenda items:
(1) Minutes of July 27 and July 29, 1993
(2) Resolution No. 93-16 expressing appreciation to the Vocal Majority for
15 their performance on behalf of tornado recovery volunteers
A RESOLUTION OF THE CITY OF WYLIE,TEXAS, EXPRESING GRATITUDE
TO THE OCAL MAJORITY MEN'S BARBERSHOP CHORUS FOR THEIR
CONTRIBUTION TO OUR COMMUNITY FOR THE BENEFIT OF TORNADO
20 RECOVERY VOLUNTEERS AND RESIDENTS AND BUSINESSES OF THE
COMMUNITY
Naish made a motion to approve the Consent Agenda. Mondy seconded the motion.
Mayor Akin read the resolution and presented a plaque to Ken Pearcy representing the
25 Vocal Majority. Pearcy stated that the Vocal Majority had been honored to play a role
in Wylie's recovery. The motion was voted on and passed unanimously.
LETTER OF ENGAGEMENT WITH RUTLEDGE & CRAIN FOR 1992-1993 AUDIT
SERVICES
30
Wright made a motion to approve an audit engagement letter with Rutledge and
Crain. Naish seconded the motion. The motion was voted on and passed unanimously.
DISCUSSION REGARDING DEVELOPMENT OF ORDINANCE PERTAINING TO
35 ISSUANCE OF PERMITS AND INDEBTEDNESS TO THE CITY
City Manager Steve Norwood explained that builders who owed back taxes were
currently not required to satisfy the debt prior to obtaining a building permit. Council
discussed whether to prohibit issuance of all permits, some permits, or only building
40 permits to individuals who owed delinquent taxes. City Attorney Steve Deiter stated that
if the ordinance was properly written with a mechanism for hearing and appeal, the
ordinance would be enforceable with no constitutional conflicts. Council generally
agreed that an ordinance or policy was needed but disagreed on the provisions of the
policy. Allen objected to withholding incidental permits from residential property owners
45 due to non-payment of taxes but agreed that building permits to devlopers and builders �^*
might warrant being denied.
•
After lengthy Council discussion regarding the provisions of a proposed
ordinance, Allen made a motion to table action until more detailed information developed
50 by staff for presentation to Council. Mondy seconded the motion. The motion was voted
on and passed with all in favor except Wright who was opposed.
DISCUSSION REGARDING CURRENT OFF-STREET PARKING REQUIREMENTS
55 Norwood discussed an enforcement problem with the Zoning Ordinance
requirement that each residential property be provided with two off street covered and
enclosed parking spaces. He stated that staff was unable to prevent residents from
enclosing their garages for additional living space as they did not apply for building
permits. He explained that the requirement was enforced on a complaint basis if the
60 violation was discovered in progress. Council discussed a recent Board of Adjustments
decision to allow a resident on Fairmount to retain her garage enclosure constructed
shortly after the tornado. Council reviewed a survey of other cities' off-street parking
requirements and enforcement of the existing requirement.
65 Norwood asked for Council direction regarding imposing fines and/or requiring
residents to tear out the garage enclosure. Naish stated that Council had not upon past --e
reqeusts favored amending the ordinance and supported continued enforcement. Allen
suggested that enforcement needed to be based on failure to obtain building permits.
Wright stated that enforcement should continue and Akin objected to enclosed garages
70 going before the Board of Adjustments. After Council discussion, Wright made a motion
to instruct staff to continue enforcement. Allen seconded the motion. The motion was
voted on and passed unanimously.
PAYMENT TO RBI FOR LANDFILL CLOSURE
75
Norwood explained that the City had expended over$8,000 to complete the grass
installation at the Landfill after RBI failed on two separate occasions to install sufficient
grass coverage to comply with the contract terms. Instead of paying the $11,843 that
the City held in retainage, Norwood recommended paying $3500 for the seeding,
80 watering, and partial root establishment that RBI had done. Naish made a motion to
deny payment. Mondy seconded the motion.
Wright questioned Council's ability to deny payment due to contract non-
compliance. City Attorney Steve Deiter stated that since the terms of the contract had
85 not been satisfactorily met,the City Council could consider payment denial with grounds,
but RBI might argue that they made a good faith effort to comply with the terms. The
motion was voted on and passed unanimously.
2
STAFF REPORTS
10 City Manager Steve Norwood reminded Council of a ribbon cutting taking place
on Thursday and informed Council that one of two drowning victims at Lake Lavon over
the weekend was a Wylie resident. He announced the hiring of a new building official,
Russell Wyman,from Dallas,who's scheduled to begin on September 7th and introduced
the new Administrative Assistnat, Mike Collins and other city employees present.
95
CITIZEN PARTICIPATION
Roger Smith of 106 Carriage House Way asked the Council to cooperate with the
school district in finding a solution to the traffic problem at Birmingham school. He stated
100 that when rainy weather set in, the problem would be compounded on Brown street and
suggested that the city work with the school district to pave or gravel the west side.
Glen Graves, 200 Douglas, and member of the Board of Adjustments, urged the
City Staff to firmly require sufficient information prior to obtaining a building permit. He
105 urged the city to review its permit issuance process to make sure that there are few
opportunities for error.
ADJOURNMENT
110 As there was no further business to come before the Council for consideration,
the meeting adjourned at 8:20 p.m.
APPROVED
115
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