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
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