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06-11-1996 (City Council) Minutes Minutes of the Wylie City Council June 11 ,1996 CALL TO ORDER Mayor Swartz called the City Council Meeting to order, May 28, 1996 at 7:00 p.m. with the following Councilmembers present: Wanda Sparks, Reta Allen, Joel Scott, Cleo Adams and J. C. Worley. John Mondy was absent. ACTION ITEMS Approval of Minutes from May 10 and May 14, 1996 Susan Shuler, City Secretary stated that under Item 2, that a correction had been made to reflect that Adams seconded the motion. With no discussion, Scott made the motion to approve the minutes as corrected. Allen seconded the motion. The motion was voted on and passed unanimously. Amending an Administrative Services Agreement with the Development Corporation of Wylie, Inc. Mike Collins, City Manager, explained that this item was before council to take care of any future staff that might be hired for the Development Corporation. He stated there is no financial burdens placed on the city. Adams made the motion to amend the Administrative Services Agreement with the Development Corporation of Wylie, Inc. Scott seconded the motion. The motion was voted on and passed unanimously. Termination of the Lease Agreement Between David Andrews, Stephen Packer and the City of Wylie Regarding the Batting Cages at Community Park Mindy Manson, Assistant to the City Manager, gave an overview of the lease agreement and the current status of the batting cage operation. She stated the equipment is falling in disrepair and Mr. Packer is trying to sell the equipment. She also stated the Park Board voted to terminate the lease. Manson also explained that the contract states the lessee has 90 days to clear the premises. Scott made the motion to terminate the lease agreement for the batting cages at Community Park between David Andrews, Stephen Packer and the City of Wylie. Allen seconded the motion. The motion was voted on and passed unanimously. Approval of Ordinance No. 96-24 Establishing a "Municipal Court Building Security Fund" for the City of Wylie, Collin County, Texas; Providing for the Assessment and Minutes of the Wylie City Council,June 11, 1996, Page 1 Collection of a Municipal Court Building Security Fee; Providing for Saving, Repealing and Severability Clauses; Providing for an Effective Date of this Ordinance; and Providing for the Publication of the Caption Hereof Collins stated that the Senate Bill 349 provided the establishment of a municipal court building security fund. He said the fee would be collected by the clerk in the amount of $3. He also stated the fee would be used to purchase security equipment for the municipal court. Scott made the motion to approve the ordinance establishing a Municipal Court Building Security Fund. Sparks seconded the motion. The motion was voted on and passed unanimously. Authorizing of Advertising for Bids for the Privatization of Meter Reading Services Collins explained that a meeting was held with a private service company to discuss the possibility of have the company provide meter reading services. He stated this item is only for the authorization to solicit bids for the service. Worley made the motion to authorize the advertising for bids for the privatization of meter reading services. Scott seconded the motion. Public Hearing and Approval of Ordinance No. 96-23 Amending the Zoning Classification of Lot 4, Block 2 in the Oaks Retail Addition, In the City of Wylie, Collin County, Texas, Generally Located at 709 Hwy. 78 North, From "R" Retail to "B-2" Business-2; Amending the Comprehensive Zoning Ordinance (Ordinance No. 85- 23A); Amending the Zoning District Map (Ordinance 91-12, Ordinance 91-13); and Repealing All Conflicting Ordinances; Containing a Severability Clause; and Providing For an Effective Date Mike Phillips, Community Development Director, explained where the property was located and that the Comprehensive Plan shows commercial uses generally along Hwy. 78. He also stated that the Planning & Zoning Board approved the zone change. Swartz opened the public hearing. Phillip Price, 209 Spence - He stated he is opposed to the zone change. He said it is unsightly, noisy and trash blows from the Western Auto to his property. He is confused about the spot zoning that is going on in the city. He wants a barrier placed behind the Western Auto. Diane Bishop, 211 Spence - She is opposed to the zone change. She lives directly behind the Western Auto and is afraid for the safety of her child since there are cars constantly being tested in the back. She would not be opposed if they would put up a fence. Ken Ford, Owner of Western Auto - He stated he built the store in 1983. He said the noise has not been a problem and that he has asked the day care owner if they had any problems with the noise. He stated that she did not. He said he has a problem with people dumping their trash in his dumpster. He also stated he was in process of clearing Minutes of the Wylie City Council,June 11, 1996, Page 2 the tires. Mr. Ford stated he would be willing to put up a fence if Ms. Bishop wanted to share the expense. With no other comment from the public, Swartz closed the public hearing. Phillips stated that if an additional service bay is added then Western Auto would be required to put up a barrier fence at his own expense. Allen made the motion to approve the zone change and the ordinance. Worley seconded the motion. The motion was voted on and passed unanimously. Public Hearing and Approval of an Ordinance for a Zone Change Request by Dennis Bell from "R", Retail to "B-2" Business-2 for property located at 707 Hwy 78 North and Further Described as Lots 3B, 3C and 3D, Block 2, Oaks Retail Addition Phillips explained where this property was located and that the Planning and Zoning Board voted not to approve the zone change. Swartz opened the public hearing. Dennis Bell - He stated he would put up a barrier to hide the property. He feels the fence will eliminate kids running through the lots to the shopping center. With no other comment from the public, Swartz closed the public hearing. Scott made the motion to deny the zone change. Worley seconded the motion. The motion was voted on and passed unanimously. Public Hearing and Approval of Ordinance for a Zone Change Request by Greens Auto Parts from "R" Retail to "B-2" Business-2 for Property Located at 703 Hwy 78 North and Further Described as Lots 2A, Block 2, Oaks Retail Addition Phillips explained the location of the zone change request. He also stated that the Planning and Zoning Board had voted to deny the zone change. Swartz opened the public hearing. With no comment from the public, the public hearing was closed. Worley made a motion to deny the zone change. Adams seconded the motion. The motion was voted on and passed unanimously. Approval of Ordinance No. 96-22 Amending Ordinance Nos. 92-6 and 96-14 of the City of Wylie, Texas, in Regard to Regulations for Disposal of Sewage and the Use of Public Sewers, Regulating the Discharge of Industrial Wastes into the Sanitary Sewer of the City of Wylie, Texas; Regulating Unsewered and Miscellaneous Discharges; Providing for a Permit System with Denial, Suspension, Revocation and Appeal Process; and Repealing Conflicts in Other Ordinances; Providing for Effective Date of this Ordinance Collins stated this amendment to ordinance 92-6 and 96-14 was to enable North Texas Municipal Water District to check the water supply daily instead of monthly. Scott made the motion to approve the ordinance and Allen seconded the motion. The motion Minutes of the Wylie City Council, June 11, 1996, Page 3 was voted on and passed unanimously. Item 10-Consent Order between Texas By-Products and the City of Wylie was pulled. STAFF REPORTS Collins stated that any citizen who would like to serve on a board or committee would be encouraged to complete the application and file it with the City Secretary. He also stated a picture would be taken for the starting of the service center. CITIZENS PARTICIPATION Matt Conte, 206 Towngate Drive- He opposes Texas By-Products and appreciates all that the Council is doing to help with the odor problem. Eric Kemp, 709 Andersonville - He would like to know how air control is being handled. Richard Abernathy, City Attorney, stated that a strategy is being conducted and executed. He said it may not appear that measures are being taken but he said steps are being taken to make sure Griffin is in compliance. The meeting was adjourned into Executive Session Under Section 551.075 Conference with Employees to Receive Information and Question Employees Regarding Pending Litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District The meeting was reconvened into a Worksession. Collins stated to Council that the Residential Sprinkler Ordinance will be brought to Council on July 9, 1996. Collins said the Budget Workshop Calendar was as follows: July 16 and July 30. The July 23rd meeting will be cancelled. Collins also said that the Library Designs would be presented to Council on July 9, 1996 and the Community Center Plans would be presented at the June 25, 1996 meeting. ADJOURNMENT As there was no furth - business to ome before Council for consideration, the meeting was adjourned. Jim artz, Mayor i,/ Minutes of the Wylie City Council,June 11, 1996, Page 4 usan Stiu , Cjti Secretary Minutes of the Wylie City Council,June 11, 1996, Page 5