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03-22-1994 (City Council) Minutes MINUTES OF THE WYLIE CITY COUNCIL March 22, 1994 CALL TO ORDER 5 Mayor John W. Akin called the meeting to order with the following councilmembers present: Reta Allen, John Mondy, Steve Wright, Ortie Messenger, and Bud Naish. Jim Swartz, whose resignation was effective February 23, 1994, was not seated as a councilmember. 10 PRESENTATIONS TO RON SIMS, FORMER ACTING FIRE CHIEF AND GEORGE MAGNUSON, FORMER ACTING POLICE CHIEF Mayor Akin presented plaques of appreciation to both men for the 15 dedication to their departments and their willingness to take on additional responsibilities when needed. CONSENT AGENDA 20 (1) Minutes of February 22, 1994 (2) Resolution No. 94-7 calling the week of April 10th Building Safety Week 25 (3) Resolution No. 94-8 calling the week of April 10th Clean-Up and Green-Up Week (4) Resolution No. 94-9 designating the use of funds remaining from the Valentine Park tree grant 30 Allen made a motion to approve the Consent Agenda. Mondy seconded the motion. The motion was voted on and passed unanimously. Mayor Akin read the resolutions aloud and permitted Jim Swartz to outline the Clean-Up and Green-Up activities scheduled. 35 PUBLIC HEARING AND ORDINANCE NO. 94-7 AUTHORIZING A CHANGE IN ZONING FROM "SF-3" TO "R" AT 101 W. BUTLER Mayor Akin opened the public hearing and as there was no one present u.40 wanting to address this issue the public hearing was closed. Naish made a motion to approve the zone change and the ordinance. Allen seconded the 1 motion. Upon the reading of the ordinance caption, the motion was voted on ... and passed unanimously. . 45 PUBLIC HEARING AND ORDINANCE NO. 94-8 AUTHORIZING A CHANGE IN ZONING FROM "B-2" TO "I" AT 2814 W. FM-544 Mayor Akin opened the public hearing and as there was no one present wanting to address this issue the public hearing was closed. Messenger 50 made a motion to approve the zone change and the ordinance. Wright seconded the motion. Upon the reading of the ordinance caption, the motion was voted on and passed unanimously. PUBLIC HEARING AND ORDINANCE NO. 94-9 AUTHORIZING A CHANGE 55 IN ZONING FROM "B-2" TO "I" AT 2819 W. FM-544 Mayor Akin opened the public hearing and the applicant, C.B.Watts discussed his application before Council and requested approval. As there was no one else wanting to address this issue, the public hearing was closed. 60 Wright made a motion to approve the zone change and the ordinance. Messenger seconded the motion. Upon the reading of the ordinance caption, the motion was voted on and passed unanimously. AUDIT REPORT FROM RUTLEDGE & CRAIN 65 Lewis Crain, representing Rutledge & Crain, the firm that prepared the City of Wylie Comprehensive Annual Financial Report, outlined the contents of the report and discussed the management letter. He discussed total revenues and expenditures for fiscal year 1992-1993 and discussed the fund balances in 70 the general and sewer funds. He stated that despite the May 9th tornado, the City was in good economic condition due to an increase in sales taxes and the holding down of expenditures. He explained that the City had felt a decrease in ad-valorem taxes and then answered questions of Council. Naish made a motion to accept the report. Mondy seconded the motion. The motion was 75 voted on and passed unanimously. ORDIANCE 94-10 ADOPTING AMENDMENTS TO 1993-1994 OPERATING BUDGET 80 City Manager Steve Norwood outlined proposed budget amendments including safety related purchases, provision for an additional Code —. Enforcement/Building Department position, clean-up items and purchases in 2 the fire department. He stated that with adjustments, the fund balance was estimated at $400,000. Messenger made a motion to approve the budget 35 amendments per Exhibit "A" attached. Allen seconded the motion. The motion was voted on and passed unanimously. CONTRACT WITH ARMY CORP OF ENGINEERS FOR LAKE PATROL 90 Norwood explained that the contract proposed was a duplicate of contracts in past years for supplemental patrol of Lake Lavon during recreational months. He explained that officers would be paid overtime that was funded by the contract. Mondy made a motion to approve the contract. Allen seconded the motion. The motion was voted on and passed 95 unanimously. REJECTION OF BIDS FOR SEWER LINE CONSTRUCTION IN VICINITY OF HOLLAND HITCH 100 Norwood explained that while the engineers had bid the project according to State statute, they failed to follow a Charter requirement during the bid process. He, therefore, recommended rejection of the bids and requested authorization to re-bid the project including replacement of a section of First Street as opposed to inclusion of the section in the vicinity of 35 Hometown Furniture which was determined to be outside the city limits. After discussion with Greg McLean, engineer representing Hogan Corporation, Wright made a motion to reject the bids and authorize re-bid of the project as requested by the City Manager. Mondy seconded the motion. The motion was voted on and passed unanimously. 110 REQUEST FROM LYNNE D. CURTIS TO CLOSE BUTLER ALLEY Lynne Curtis addressed Council and complained that traffic using Butler alley as a "through-street" was endangering children, damaging the alley, 115 damaging private property, and providing a location for unregulated speed. She submitted a written complaint citing hazards to her children as vehicles drove around bumps where there were no posts and came dangerously close to her fence. She stated that the closure would require an additional minute for residents leaving the subdivision. 120 Cary Weeks, 305 Briarwood, stated opposition to the closing of the alley and stated that the speed bumps and dome posts previously installed by the city were deterrent enough. He stated that the bumps mis-directed drainage 3 and caused ruts in property where vehicles drove around them. He suggested ..., 125 the police department patrol the alley occasionally and no more deterrents be installed in the alley. Messenger made a motion to direct the City Manager's staff to seek out a solution other than closing the alley and produce such solution by June 1st. 130 Mondy seconded the motion. The motion was voted on and passed unanimously. CITIZEN PARTICIPATION 135 Bill Orbin, 2815 FM-544, asked Council to consider lowering the speed limit on FM-544 at Steel Road. Patricia Stemple asked Council to repair the public address system in the Council chambers . Tommy Anderson, Anderson Wrecker, asked council to revise the towing ordinance to comply with new laws and to consider including a provision to contract with only one wrecker service 140 that is located within the city instead of using more than one service on a rotation basis. EXECUTIVE SESSION 145 Council adjourned into Executive Session under 551-074, Government Code to discuss personnel matters including an appointment to the City Council, appointment of election judges, appointments to the Library Board and Park Board, and evaluation of the City Attorney. Upon reconvening into regular session, Bud Naish was absent. 150 APPOINTMENT OF BOBBY JENNINGS TO FILL COUNCIL VACANCY Upon reconvening into regular session at 10:30 p.m., Messenger made a motion to appoint Bobby Jennings to Council Place 1, left vacant upon the 155 resignation of Jim Swartz. Allen seconded the motion. The motion was voted on and passed unanimously. APPOINTMENT OF ELECTION JUDGES 160 Wright made a motion to appoint John Crow as Presiding Judge for Precincts 83, 56, & 27 and Mark Ellis as Alternate Presiding Judge and to appoint Joel Scott as Presiding Judge for Precinct 25 and Nathan Shepard as Alternate Presiding Judge to serve for the 1994 election and any subsequent ...., run-off elections. Messenger seconded the motion. The motion was voted on 4 • 5 and passed unanimously. APPOINTMENT OF ORTIE MESSENGER AS MAYOR PRO-TEM Wright nominated Ortie Messenger to serve as Mayor Pro-Tem for the 170 remainder of the term. Mondy seconded the nomination. As there were no further nominations, a vote was taken and Messenger was elected as Mayor Pro Tern with a term to expire following the conclusion of the May 7th election or subsequent runoff. Allen did not vote on the nomination. 175 ADJOURNMENT As there was no further business to come before the Council for consideration, the meeting adjourned. 180 PROVED 274-67 ATTEST SEAL imilim ua�u-`u 5