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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 C:[.�.t 11s s�11 iillFf7dJrtJfp ATTEST 4) 'IV 'SEAL -I t co Qs unurnunu�a 3