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03-28-1995 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex March 28, 1995 7:00 p.m. CALL TO ORDER INVOCATION - PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Consider Approval of Minutes of March 14, 1995 *J,, 2. Consider Approval of a Resolution Designating the Week of April 1st through ��i '� April 8th as Clean Up and Green Up Week 3. Consider Approval of an Annual Employment Agreement with the City Manager 4. Consider Approval of a Resolution Making Legislative Requests Regarding the 610 Clean Air Act Deadline ACTION ITEMS 5. Hold Public Hearing and Consider Approval of an Ordinance Authorizing a Specific Use Permit for an Auction House in Retail Zoning 6. Discuss and Consider Approval of a Resolution Declaring Expectation to q4 Reimburse Expenditures with Proceeds of Future Debt STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 7. Hold Executive Session Under 551.072 Government Code - Real Property to Discuss Acquisition of Land for Elevated Water Tower 8. Take Any Necessary Action as a Result of the Executive Session ADJOURNMENT osfe 03/2 /95 a 5:01 p.m. Wyly pity Council Agnnd i+ a i nantca far March 28, 1 95 MINUTES OF THE WYLIE CITY COUNCIL March 14, 1995 CALL TO ORDER Mayor Jim Swartz called the meeting to order with the following Councilmembers present: Reta Allen, John Mondy, Steve Wright, Ortie Messenger, and Cleo Adams. Bobby Jennings was absent. RESOLUTION NO. 95-6 DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT City Manager Steve Norwood explained that the resolution was a step towards the issuance of approximately $330,000 in Public Property Finance Contractual Obligations to finance the purchase of a 65 foot Emergency 1 Quint fire truck. Mondy made a motion to approve the resolution. Allen seconded the motion. The motion was voted on and passed unanimously. ACCEPTANCE OF PROPOSAL FOR PROVISION OF AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE INSURANCE Norwood explained that the current policy held by Reliance Insurance would expire March 22nd and Reliance had declined to submit a quote on renewal. He stated that one bid, from Texas Municipal League, had been received at a premium of$16,738.00 if paid in full within 30 days of award of the bid as opposed to being paid quarterly. He noted that the proposal provided a substantial cost savings over previous premium of $34,600 and recommended award to TML. Messenger made a motion to award the proposal as bid and as recommended the by City Manager. Wright seconded the motion. The motion was voted on and passed unanimously. RESOLUTION 95-7 AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ARMY CORPS OF ENGINEERS FOR PATROL OF LAKE LAVON Norwood explained that the agreement terms had not been amended from previous years and that officers were hired for lake patrol on an overtime basis. Detective Mitch Selman answered questions of Council regarding the territory patrolled by the officers and their use as backup to regular on-duty officers. Allen made a motion to approve the resolution. Mondy seconded the motion. The motion was voted on and passed unanimously. 1 INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR HOUSING OF PRISONERS Norwood explained that on rare occasions, the Wylie Police Department was required to lodge prisoners arrested for Class C offenses in the Collin County jail. He discussed the terms of the agreement including a $55.00 per day fee and liability responsibility. Wright made a motion to approve the agreement. Mondy seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS Norwood noted that the sales tax receipts for February were down 15% over last year but were still up 1/2% for the year as a whole. He discussed a $9000 rebate expected for a reduction in workers compensation claims and decreased premiums and noted that a letter was being sent to TNRCC regarding the status of the elevated water tower construction. Director of Finance Brady Snellgrove discussed the January financial statements and the recently prepared budget document. WORKSESSION Council adjourned into worksession to hear updates from Norwood on management issues including the date for the bond rating trip and agenda items being considered for a Council worksession to be held on March 21st. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting adjourned. APPROVED ATTEST 2 Resolution Designating 1 n tip aNnd ( Up 11 is ............................... WyI1 City on > nn Employm nt Ag> lent with(Ity Man ger ISSUE The attached agreement reflects the terms of employment Council discussed at a previous meeting for the continued services of the City Manager. BACKGROUND This agreement is relatively straightforward in that it establishes those conditions under which the City Manager shall be employed by the City of Wylie including benefits, compensation, and employment obligations. LEGAL CONSIDERATIONS The City Attorney has reviewed the terms set forth in this agreement and does not object to or indicate any concerns about its provisions. RECOMMENDATION As the terms of this agreement have already been discussed and accepted by Council, staff recommends approval. ATTACHMENT Copy of Agreement Submitted By Approved By jwy 5„. .. . . Resol tion Reg rdi (lean Rir Oct: ISSUE The attached resolution makes certain requests to the legislature regarding vehicles emissions testing and Federal Air Quality requirements. BACKGROUND The North Central Texas Council of Governments has proposed that governing bodies in Collin, Dallas, Denton, and Tarrant Counties pass the attached resolution which requests that the Clean Air Act compliance deadline in this four-county non-attainment area be extended from 1996 to 1998. It also urges development of a convenient and cost effective vehicle emissions testing program. LEGAL CONSIDERATIONS Federal legislation currently requires compliance with air quality standards in this four-county area in the year 1996. RECOMMENDATION Staff recommends approval of this resolution. ATTACHMENT Copy of Resolution Submitted By Appro By Public ar ng {and Or nn + :Election Mouse Summary Consider a request submitted by Earl Wilson for a Specific Use Permit to hold auctions in a Retail Zoning District at 114 N. Ballard. Background This particular area is bound by Ballard on the west, First St. on the east, Oak St. on the south and Marble on the north and is the only section of Downtown currently zoned "Retail". There was a temporary S.U.P. for this "Use" issued to Doyle Spurgin in this same block. The restrictions placed on Mr. Spurgin at the time called for a reduced occupant load with Tuesday and Saturday auctions, with three(3) Sunday evening auctions allowed per year. The Sunday auctions were limited due to shared parking requirements with the church. Mr. Wilson is requesting Sunday's only, but feels with a reduced occupant load of 100 or less they can meet any parking requirements. Financial Considerations Lease space is currently vacant but will be remodeled and become a tax producing business if approved. Legal Considerations This business could locate across the street or anywhere else in Downtown due to the "B-2" zoning of the properties in this area. This is the only block presently "Zoned" Retail. Board/Commission Recommendations This request was approved by P&Z on 3-20-95 with restrictions if any, to be determined by Council. Staff Recommendations Staff recommends approval with guidelines no more restrictive than Mr Spurgins . Attachments-Map indicating location,P&Z Minutes, parkin. and plumb: facility requirements. Submitted By App�d By �.jLJ�� �. ILfe� e�r� ._— —_— _ _ _ — _ _ 1,7"7 :1(tNilt 1// PUT MAI _ II 7•ACi2 uZ �f �2T - -- - -- - - -- - - -2QQ� �1 , •-fv 0CKRl 7MEP�� 3.. . za 291At u. j •{...�� QQI ,22 PEERLESS MTG ". t24 I?O PLt KAE rMER p 1 9 29 76 AC — ' JACK ;;;/''' PARR Z7YJ / / 3'_I 7 / •I!AC // !ILLY IMF YMER 11 38N I$ o � kggl � /1 - -1-:-/ m9! AC. a EA FoSSER V_ • T f 30 •• 13 `Al11 ERp Mg , 1 26• • YM IC .::: II : ' li00l. % •l• q1s to Ik . • •• ,- - ')- - . - - - - - AO 6 T, 5 JC KRE7MET N ' O �• JC. 27f AC K NI?Riff _ ILL IIRErMER f NI AC. _ KRE7NE 70 AC •—1 V MINl In if © r Y 2/AC - tre !. iJN' • • . O r t • �= • , 0 ". n . N ��. ... J rr r ilA obk.,: . i .. 40 ,. ,..„ , 1 ffL�f IV i c on R. ■ O I.• 7®.K It VVV . .. i j �ri r. M� I ad il ,._ .. IIDO. �i • f trAK 1 Ir !� p • - 'at...0 - .1§ra,r _ ____, . ., .. : ____..._ I i' .' , alt.)11,1*. IN I• .... 1_ - , sw . sc, . i:- f.._ i ..! no AZ a • ... _ go 0 . Plr , • ..... — Ell i YE �. '7I 7lF rr e 1 OAK C /111 llp1 t rA • 0 , M • 1• 4 i1kirir1:g. .o• .t.io okIpi, ,...-. il iti 11lIat°g8 nn :©off _ ,1.§ _—r—im • „ f11101 IfTK Rs gI t. r WYI_11 ' l• •l•I•lu• g SEINE P•Lot I + t RM AVINUf _. .I c. n� 1 r• Bik. : '; �21 y / M • y •• • 7 111 "f fib t v t " ••• -" ►-Its N t I• OW t • r • ©wr. l — , Artri w1 en, Nltl� W P rr'jI .at w b Ill re , N i A.. •1 'T.., , +. -• 1- _ .). 1, .� -�--,•, v /_ • ,• _._ ■ r Y •1 •I��► 1Y ir ■ ff� . A _ t • + •N �.- !. a 0 p • r e •� a M ...if! c\+ , e • [ 1 W • t •re N l r . W « l . . • r �Tl 1 a R ; ..• ' CALLO.AtI IT Its f • ► ! 17. Is • ■ ' N • ss r r 41 • M ••^'. • k dAAtTL 70":1.11, 1 " fib I • • • r0r_. N • ••' w .w .i_ , w HIJ0US Q r T C r i fC_ •• .sit r r i^ i... r � r Ito AC • :... fib • n • • r • w • r w n • • ( roda ' 91911139 C :'_._ M .•�- - 4 • •III N �J • �./ N 1. .�. w i »r ■ — • 114 N '1<� -; It '1 w N III n N • r KIP ' � V O MUM' v . 2•n - �.-- J N .. a —. is ./ • • ." t , I 1 ' SURVEY FLAT to All PARTIES INTERESTED IN PREMISES SURVEYED: this le to certify that 1 have, this date, made a careful end accurate survey on the pound of property located at No.►zo .t. 6..s.-1-4,nFe Tlct 'r , M the city of IJ`ft-t, _. Tessa, described Y follows'_ _ Lot No. 14-1 S E lle _ block No. if5 of 12.4i4t_r4C..b Abbt-rroni _,_.,_____ Addition, an additlon to the City of 0--(Lie ,Texas, sccordins to the pint recorded in Volume _► at par /1Z : (vizt to .p s0R) of the Map Records of twee, rrossostcrs caul-' ccuk-,-1-r, Texas. • e7.0' a"" 1 1 t I It , t. I6 IS 14 to 1- .17 w( 13 IC I ' 3 J �I I 1 9 • 0IR ; 8 11 tI r 1 I I er 1 a*r.r. I it I 1 , I I I t)ri I a I. I a' 53�'i i at °A i I I"- /. '/ /3o5U " tt I ' x 1i I to . • h1N",e4.t! >r- ,d JAVT o I'qqIIIIIIIIIIIIIIIPr a e At. el• I Zc' k1 . C3,Z.LLL,-r-z— --5(i1•-T' . I. WrRet WIt1! A rralrrt,tt Met*1Urvtror. N;item limn/NIIT rot nit • MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on March 20, 1995, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North,Wylie,Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Cecilia Wood, Stuart Allison, John Crowe, Rich Eckman, Steve Ahrens, and Tim Owen. ABSENT: Bart Peddicord, excused. STAFF MEMBERS PRESENT: Building Official, Russell Wyman and Secretary Kirsten Fresh ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from December 5, 1994 Regular Business Meeting. A motion was made by Steve Ahrens and seconded by Cecilia Wood to approve the Minutes as submitted. Motion carried, all in favor(4 votes). ITEM NO. 2: Election of Vice-Chairman. At this point in the meeting both Stuart Allison and John Crowe had not yet arrived. A motion was made by Cecilia Wood and seconded by Steve Ahrens to table this election until all members were present. Motion carried, all in favor(4 votes). PUBLIC HEARING ITEM NO. 3: Discuss and consider a recommendation to the City Council for a request from Earl Wilson, for a Specific Use Permit (SUP)to hold auctions in a Retail Zoning District at 114 N. Ballard. Earl Wilson and Regina Wilson, prospective lessee's of the property, and Mary Parker, owner of the property, all spoke in favor of the request. Stating that whatever codes and changes needed to be meet in order to allow this use that it would be done. The auctions would only be held once a month on Sunday. Parking requirements could be met in rear lots, not in use on Sundays. Robert King, business owner of 127 and 129 N. Ballard, was opposed to the use; stating that he did not like the idea of a business tying up retail space that would only be in use one day out of the month. This would not generate traffic into old downtown, an area that is really suffering and needs the business. Doyle Spurgin, owner of the Auction House currently operated in Wylie, said that he was not opposed to the business, in fact the sales tax dollars would be beneficial to the City. His only complaint was that his business was restricted to only have three (3) auctions on Sunday a year and he did not feel it was fair for this business to be allowed to operate on Sundays on a regular basis. Mr. Wyman,the building official, stated that Mr. Spurgin's SUP was restricted that way since he has an agreement with the Baptist Church to use their parking lot, thus none would be available on Sundays. He also is allowed auctions on any Tuesday or Saturday he chooses. Extensive comments were made back and forth between the Wilson's, Mary Parker, Robert King and Doyle Spurgin. A motion was made by Stuart Allison and seconded by Cecilia Wood to recommend to City Council a request for a Specific Use Permit to hold auctions and to allow a temporary SUP for one(1)year to run concurrent with the Wilson's lease to be re-evaluated after the one (1) year for a possible permanent SUP. Motion carried, all in favor(6 votes). John Crowe and Stuart Allison arrived prior to the discussion for the SUP and Commission decided to go ahead with the election of a Vice-Chairman. A motion was made by Stuart Allison and seconded by Cecilia Wood to nominate Rich Eckman for Vice-Chairman. Motion passed, all in favor(5 for, 1 abstain vote). ADJOURN: A motion was made by John Crowe and seconded by Tim Owen to adjourn. Motion carried, all in favor(6 votes). Vice-Chairman Eckman adjourned the meeting. Respectfully Submitted: Rich Eckman, Vice-Chairman Kirsten Fresh, Secretary AUCTION HOUSE The proposed Auction House located at 114 N. Ballard will be classified as an A3 use (assembly) with an occupant load of one hundred sixty nine (169) based on the drawings provided. AUCTION ROOM - 1175 SF WITH AN OCCUPANT LOAD OF 168 STORAGE AREA - 189 SF " 1 TOTAL OCCUPANT LOAD OF 169 Since there are no specific parking requirements for an Auction House, we must look at similar Use Classifications to determine the parking needs of the auction area. There are already specific requirements for the other areas within this proposed plan. THEATERS & AUDITORIUMS - ONE (1) PER THREE (3) SEATS RESTAURANTS - ONE (1) PER THERE (3) SEATS CHURCH - ONE (1) PER FOUR (4) SEATS USING THE ABOVE INFORMATION THE REQUIRED PARKING WOULD BE: AUCTION AREA - BASED ON OCCUPANT LOAD 42 OR 56 CONCESSION - BASED ON OCCUPANT LOAD 1 OR 1 STORAGE - BASED ON SQ. FT. 1 OR 1 THE MINIMUM PARKING REQUIRED 44 OR 58 Likewise, the Uniform Plumbing Code and Uniform Building Code which we have adopted provide guidelines for the minimum fixture requirements for this Use. WATER CLOSETS - ONE (1) MALE & FOUR (4) FEMALE URINALS - ONE (1) MALE LAVATORIES - ONE (1) MALE & TWO (2) FEMALE DRINKING FOUNTAINS - ONE (1) II ty Counc.11. TF esolutio n �- ectatio i r r uture 4 A resolution declaring expectation to reimburse expenditures with the proceeds of future debt. Backgn nd The City intends to issue approximately $4,300,000 in General Obligation Bonds. This issue is to finance $2,800,000 for water and sewer improvements and $1,500,000 for street projects. Financial Considerations This resolution is needed to protect the tax exempt status of this debt in case the City should need to pay for any engineering design cost or to purchase land/right-of-way prior to receiving the new monies. Legal Considerations The City's bond counsel, Fulbright & Jaworski, recommends that two original signed resolutions be prepared. One copy to be sent to them and one copy to be retained for the City's records. i Lo_ i ii i '. .iin 'mu None Staff Mc9mmelkdalion The staff is recommending that this resolution be adopted. Attachments Resolution a irf - Piepsned Approved by WYliE CIU COJti CIMali NG MARCH Ill2a ,