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03-26-1996 (City Council) Minutes Minutes of the Wylie City Council March 26,1996 CALL TO ORDER Mayor Pro Tern John Mondy called the City Council Meeting to order, March 26, 1996 at 7:00 p.m. with the following Councilmembers present: Reta Allen, Joel Scott, J. C. Worley, Steve Wright and Cleo Adams. Mayor Jim Swartz was absent. ACTION ITEMS APPROVAL OF MINUTES FOR FEBRUARY 6 AND 13, 1996 With no discussion, Wright made the motion to approve the February 6 and 13, 1996 minutes and Allen seconded the motion. The motion was voted on and passed unanimously. APPROVAL OF RESOLUTION NO. 96-8 , IN RECOGNITION OF NATIONAL LIBRARY WEEK, APRIL 14-20, 1996. Pat Guess and Jerri Smith were present representing the library. With no discussion, Scott made the motion to approve the resolution in recognition of National Library Week, April 14-20, 1996. Adams seconded the motion. The motion was voted on and passed unanimously. REQUEST FOR PROPOSAL FOR THE SMITH PUBLIC LIBRARY RENOVATION AND EXPANSION Mike Collins, City Manager, stated that this was for informational purposes only and that staff recommended approving the RFP. Adams made the motion to approve and Worley seconded the motion. The motion was voted on and passed unanimously. ACCEPTANCE OF THE ANNUAL FINANCIAL REPORT AFTER PRESENTATION BY THE AUDIT FIRM OF RUTLEDGE CRAIN AND COMPANY, P.C. An overview was given by the firm of Rutledge Crain and Company on the financial report. He stated that their were good signs indicated in the report. Mondy had questions with the report on pages 39, 43, 83, 114, 137 and 140. After all questions were answered adequately, Wright made the motion to approve the annual financial report. Adams seconded the motion. The motion was voted on and passed unanimously. Minutes of the Wylie City Council, March 26, 1996, Page 1 APPROVAL OF ESCROW AGREEMENT BETWEEN WILLIAM E. CAMPBELL, JR.- WYLIE PARTNERSHIP AND THE CITY OF WYLIE Collins stated that Mr. Campbell would set up an escrow account of $10,000 in the event the City of Parker pursued a lawsuit against the City of Wylie. Wright made the motion to approve the escrow agreement and Adams seconded the motion. The motion was voted on and passed unanimously. HEAR PETITION FOR ANNEXATION OF APPROXIMATELY 195.6617 ACRE TRACT OF LAND SUBMITTED BY WILLIAM E. CAMPBELL, JR. AND HEAR ARGUMENTS FOR AND AGAINST THE ANNEXATION JACK ALBRITTON, MAYOR OF PARKER - He stated that this property lies in the Parker ETJ and he objects to any proposed property being annexed. He said that legal action will be taken if this property is annexed and will sue the City of Wylie. JOHN BOYLE, 1700 W. PIONEER PARKWAY, IRVING, TEXAS - He is the attorney representing William E. Campbell and he believes this is a rational request and is a valid petition. He request a positive response to the petition. GRANT OR REFUSE THE PETITION TO ANNEX APPROXIMATELY 195.6617 ACRE TRACT OF LAND SUBMITTED BY WILLIAM E. CAMPBELL, JR. Wright made the motion to grant the petition to annex submitted by Willam E. Campbell, Jr. and Adams seconded the motion. The motion was voted on and passed unanimously. ORDINANCE NO. 96-16 ANNEXING A 195.6617 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE L. M. MARSHALL SURVEY, ABSTRACT NO. 594, AND THE WM. PATTERSON SURVEY, ABSTRACT NO. 716, OF THE LAND RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Kay Wood, City Attorney, commented that the severability and repealing clause were in this ordinance. Wright made the motion to approve the ordinance annexing a 195.6617 acre tract of land and Worley seconded the motion. The motion was voted on and passed unanimously. TABLED AWARDING BID FOR FLAT WORK ON THE SERVICE CENTER Collins explained that the site work had been bid out separately to reduce the cost Minutes of the Wylie City Council, March 26, 1996, Page 2 of the facilities or an option of phasing in construction of the Service Center. He also stated staff would come back at a later date with a total project budget based on what the building will cost. Greg MacLean, Consulting Engineer with The Hogan Corporation, explained that the thought was to get the site work done so that perhaps better bids would be received and to make the surface workable when construction begans. Worley questioned why you would want to take the risk of tearing up the parking lot. He suggested using packed rock. Collins suggested that this item be tabled until more information could be given to Council. Allen made the motion to table the item and Scott seconded the motion. The motion was voted on and passed unanimously. PUBLIC HEARING AND APPROVAL OF ORDINANCE FOR ZONE CHANGE FROM "B- 1" AND "A" TO "PD" FOR WINDMILL VILLAGE ORDINANCE NO. 96-18 OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION FOR THE PROPERTY DESCRIBED HEREIN OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED SOUTH OF HWY. 78 AND EAST OF EUBANKS, AND FURTHER DESCRIBED AS 1890 HIGHWAY 78 N., AND ABSTRACT 688, PART OF TRACT 67 FROM BUSINESS- 1 "b-1" AND AGRICULTURE "A", TO PLANNED DEVELOPMENT "PD"; AMENDING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13), ORDINANCE 86-1, AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE Robert Heath, owner of the property gave a presentation of the plans he has for the property. Worley made the motion to approve the ordinance and Scott seconded the motion. The motion was voted on and Wright voted no. PUBLIC HEARING AND APPROVAL OF ORDINANCE FOR SPECIFIC USE PERMIT FOR PERMANENT BATCH PLANT LOCATED AT 1502 W. KIRBY RICHARD KELLY, BODIN CONCRETE - He stated he was request the approval for the special use permit. He also stated he has received approval from the TNRCC. JESSIE MECIAS, TNRCC, AUSTIN - He gave a detailed explanation on how the permit process is handled. STEVE AHRENS, 409 GASTON DR. N. - He opposes the special use permit for the batch plant. He sees the potential for accidents and extra traffic. DAVID MOORE, 152 J. R. AVENUE- He has concerns about dust and what effect that would have for breathing. Also he stated the danger of driving down FM 544 and turning onto the road to the Southfork Mobile Home Park. JERRI SMITH, 106 CARRIAGEHOUSE WAY- She has concerns about traffic on FM 544 and the adding of big trucks will make the traffic horrible. This will impact the Minutes of the Wylie City Council, March 26, 1996, Page 3 school children traveling down FM 544 going to the new high school. She stated she was against the plant coming into the City. Worley made the motion to approve the ordinance for specific use permit with the Stipulation of Exemption added and Adams seconded the motion. Wright and Mondy voted no and Worley, Adams, Scott and Allen voted yes. ORDINANCE NO. 96-17 OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE AS HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR A PERMANENT BATCH PLANT AS HEREIN DEFINED ON A TRACT OF LAND DESCRIBED AS ABSTRACT 266, TRACT 26, AND BEING 1502 WEST KIRBY; PROVIDING FOR A SEVERABILITY CLAUSE; AND REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE PUBLIC HEARING TO ALLOW FINAL PUBLIC COMMENT REGARDING THE COMPLETION OF THE 1993 TEXAS COMMUNITY DEVELOPMENT PROGRAM- DISASTER RELIEF PROJECT-CONTRACT NO. 703047 With no public comment, Scott made the motion to close the TCDP Disaster Relief Project-Contract No. 703047. Allen seconded the motion. The motion was voted on and passed unanimously. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. t g / / / Ji Swartz Ma Yor 1241""j19--"cv. Susan Shuler:O ty Se retpry _ ----ate - Iii Minutes of the Wylie City Council, March 26, 1996, Page 4