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02-14-1995 (City Council) Minutes MINUTES OF THE WYLIE CITY COUNCIL February 14, 1995 CALL TO ORDER 5 Mayor Jim Swartz called the meeting to order with the following Councilmembers present: Bobby Jennings, Reta Allen, Steve Wright, Cleo Adams, and Ortie Messenger. John Mondy arrived later in the meeting. 10 CONSENT AGENDA (2) Resolution No. 95-6 Calling General Election (3) Resolution No. 95-7 Designating the Week of February 27th as Public 15 Schools Week (4) Resolution No. 95-8 Confirming Appointment of Judges for the February 18th Bond Election 20 (5) Resolution No. 95-9 Requesting Collin County to Provide an Early Voting Polling Location in the City of Wylie Ortie pulled item (#3) from the Consent Agenda and made a motion to approve the remaining items. Wright seconded the motion. The Mayor read the resolution captions. 25 The motion was voted on and passed unanimously. RESOLUTION NO. 95-3 DESIGNATING THE WEEK OF FEBRUARY 27TH AS PUBLIC SCHOOLS WEEK 30 Wright made a motion to approve the resolution. Jennings seconded the motion. The motion was voted on and passed unanimously. Betty Stephens, representing Wylie I.S.D. introduced students, representing each campus, who accepted copies of the resolution from the Mayor and presented Council with invitations to visit their campuses. Following this presentation, John Mondy joined the meeting. 35 PRESENTATION BY LEWIS CRAIN OF RUTLEDGE & CRAIN, INDEPENDENT AUDITING FIRM, REGARDING 1993-1994 ANNUAL FINANCIAL REPORT Lewis Crain presented the 1993-1994 Annual Financial Report for the City of Wylie. 40 He discussed the improving financial condition and fund balance of the city and briefly explained comments in the official Management Letter. Minutes of 2/14/95 Page I APPOINTMENT WITH TOM JERNIGAN REGARDING SEWER ON FM-544 Don Jernigan, representing his son the property owner, requested Council to 45 reconsider disannexation or provide sewer services to his property and adjacent properties located on FM-544. Adjacent property owners C.B. Watts, William Orban, and Doug Williams objected to working with the City on a facilities agreement for the provision of sewer and insisted on disannexation. Councilmembers discussed alternative methods of satisfying property owners' concerns. The property owners present were not in 50 agreement on the actions being requested of Council. Council instructed the property owners to meet with the City Manager for the purpose of developing a consensus regarding the course of action being requested. ORDINANCE 95-2 AMENDING THE WYLIE CODE OF ORDINANCES REGARDING 55 CURFEW REQUIREMENTS City Manager Steve Norwood explained that cities who enforced curfew requirements similar to those in the Wylie Code had not withstood court challenges. He stated that the proposed amendments were modeled after the City of Dallas' requirements 60 which had been held up in the Supreme Court of Texas. Police Chief Dave Brungardt explained that the revised ordinance would establish curfews for unsupervised juveniles between the ages of twelve and seventeen and would provide specific exceptions to the requirements. He stated that the ordinance provided violations for (1) juveniles who violate the curfew (2) parents/guardians who permit the violation and (3) business 65 operators who allow juveniles to loiter on the property after curfew hours. After Council discussion, Mondy made a motion to approve the ordinance revising curfew regulations. Wright seconded the motion. Mayor Swartz read the ordinance caption. The motion was voted on and passed unanimously. 70 AN ORDINANCE ESTABLISHING A CURFEW FOR MINORS AND AMENDING CHAPTER 7,SECTIONS 4.03, 4.04 AND 4.05,CITY OF WYLIE'S CODE OF ORDINANCES;CREATING OFFENSES FOR MINORS,PARENTS, GUARDIANS OF MINORS AND BUSINESS ESTABLISHMENTS FOR VIOLATING CURFEW REGULATIONS; DEFINING TERMS AND PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR WAIVER OF JURISDICTION BY THE COURT WHEN REQUIRED UNDER 75 THE TEXAS FAMILY CODE;PROVIDING FOR REVIEW OF THIS ORDINANCE WITHIN SIX MONTHS AFTER THE DATE OF INITIAL ENFORCEMENT;PROVIDING A PENALTY NOT TO EXCEED$500;PROVIDING FOR SAVING AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION HEREOF 80 ORDINANCE NO. 95-4 ADOPTING SMOKE DETECTOR REQUIREMENTS FOR IN ALL RESIDENTIAL STRUCTURES Norwood explained that currently smoker detectors were required in new residential structures prior to a receipt of a certificate of occupancy. He stated that the proposed 85 ordinance would require smoke detectors in all residential structures. Council questioned staff regarding enforcement and penalties. Russell Wyman, Building Official, explained that the existing Building Code requirements for new structures was much more restrictive than the proposed ordinance as it required a smoke detector in each bedroom and Minutes of 2/14/95 Page 2 • corridor leading to sleeping areas. He stated, however, that the Building Code did not 90 make provisions for existing structures. Fire Chief Shan English urged Council to approve the ordinance as a public safety measure. Councilmembers Allen and Adams stated concern over the penalty clause and the possible hardship to lower income families and senior citizens. Norwood explained that the Fire Department provided smoke detectors to residents who could not afford them and suggested that Council amend the 95 penalty clause to reflect that upon discovery of violation, the resident will be required to comply. Wright made a motion to approve the ordinance with the penalty clause amendment proposed by the City Manager. Messenger seconded the motion. The motion was voted on and passed with all in favor except Adams who was opposed. 100 AN ORDINANCE REQUIRING THAT AL DWELLING UNITS BE EQUIPPED WITH SMOKE DETECTORS AND SPECIFYING THE LOCATION THEREOF; SPECIFYING RESPONSIBILITIES OF BOTH OWNERS AND DWELLERS;PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION HEREOF 105 RESOLUTION 95-10 AUTHORIZING PARTICIPATION IN THE NORTH CENTRAL TEXAS ELECTRICAL EXAMINATION PROGRAM AND APPROVING INTERLOCAL AGREEMENT 110 Building Official Russell Wyman explained to Council that currently municipalities were responsible for the administration of testing as a part of their electrician licensing requirements. He stated that NTCOG would provide the testing and member cities would recognize the licensing approved through this process instead of requiring testing in each municipality. Jennings made a motion to approve the resolution authorizing participation 115 and approving an interlocal agreement. Allen seconded the motion. The motion was voted on and passed unanimously. EXECUTIVE SESSION 120 Council adjourned into Executive Session at 9:03 p.m.under 551.074 government Code - Personnel Matters to discuss appointments to boards and committees and under 551.072 Government Code - Real Property to discuss land acquisition for park improvements. 125 AUTHORIZATION TO PURCHASE PROPERTY Upon reconvening into regular session 9:50 p.m., Wright made a motion to authorize the City Manager to execute contracts for the purchase 80.06638 acres at a contract price of$5850 per acre, permitting a $150,000 down payment and providing no 130 interest for a period of one year. Allen seconded the motion. The motion was voted on and passed unanimously. Minutes of 2/14/95 Page 3 135 APPOINTMENTS TO PARK BOARD AND PLANNING AND ZONING COMMISSION Mondy made a motion to appoint Russell Davis and Joe Pearce to the Park and Recreation Board to fill the unexpired terms of Will Calverly and Greg Griffin. right seconded the motion. The motion was voted on and passed unanimously. 140 Jennings made a motion to appoint Steve Ahrens to the Planning and Zoning Commission to fill the unexpired term of Mike Hawkins. Mondy seconded the motion. The motion was voted on and passed unanimously. 145 ADJOURNMENT • As there was no further business to come before the Council for consideration, the meeting adjourned. 150 ADJOURNED 155 ATTEST Minutes of 2/14/9S Page 4