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03-08-1983 (City Council) Minutes CALLED CITY COUNCIL MEETING MARCH 8, 1983 7:00 P.M. 0-04 The Wylie City Council met in called session at 7:00 p.m. on March 8, 1983 in Council Chambers at City Hall . Mayor Squires presided. A quorum was present and notice of the meeting had been posted for the time and manner required by law. Those in attendance were the Mayor, Mayor Pro Tem Martin, Council members Harold Eavenson, Percy Simmons, Reta Allen, and Geline Dodd, Police Chief Royce Abbott, City Secretary Gail Wallace, City Manager Lee Vickers, Carolyn Jones, Phyllis and Clyde Floyd, Sarah Connelly, Teresa Squires, Randall Gaston, Bob O'Donnell , Harry B. Carroll , Bill Elam, John Parfait, Bill Kreymer, Harold Spence, Dennis Kauffman, Cathy McAnally, Mike McAnally, David Engelmann, Gary Jennings, Joe Gandy and Tammy Corley from Lone Star Gas, Daniel Johnson, GTE; Robert Stuart and Wanda Ronstein, GTE; Rhonda Rathje, GTE; Dwight Scott, and various VOE students. Mayor Squires gave the invocation. Mayor requested Item 2 which consisted of approval of previous meetings and accounts payable be split into two items and voted on separately. In regard to previous minutes he advised that an item pertaining to rezoning for a mobile home park had not been acted upon by the City Council on the advise of the City Attorney. The City Attorney's opinion was based upon the fact that the Planning and Zoning Commission had not given the Council a recommendation for or against the rezoning due to a tie vote. Due to confusion regarding the issue, the Mayor advised he had agreed to allow the Developer to be placed on the agenda on an emergency basis to discuss the procedures for resolving the issue of rezoning. Mayor Pro Tem Martin made motion to approve previous minutes, seconded by Councilman Eavenson. There was one item of concern in the accounts payable in which the Chamber of Commerce had reimbursed the City for the expenses Cal Westerhof incurred during a trip to Austin. Mayor Pro Tem Martin made motion to accept accounts payable as is and if there should be a need for further discussion in regard to who is responsible for the trip that it be done at a later date. Councilman Eavenson made motion to accept Mayor Pro Tem Martin's motion, seconded by Councilman Simmons. Motion carried, all in favor. Public Hearing to Rezone 7.038 acres from agriculture to SF-2 and industrial . Mr. Dwight Scott representing Jesse Espinosa, stated that this request to rezone would not be a detriment to the community. Mayor Squires drew the Public Hearing to a close. No further discussion was made. Councilwoman Dodd made motion to approve rezoning as recommended by Planning and Zoning Commission. Councilwoman Allen seconded, motion carried all in favor. Public Hearing to rezone 3.974 acres from agriculture to industrial (the site of Century Ready Mix Plant. ) Mayor Squires opened the public hearing. There was concern as to the noise factor. Mayor Squires assured that the cement plant would comply with state regulations. Mayor Squires closed the public hearing. Mayor Pro Tem Martin made motion to accept rezoning request as recommended by Planning and Zoning Commission. Councilman Eavenson seconded, all in favor. Consider final plat, phase 2, Kinsington Manor Estates. Mr. Don Kreymer, developer, requested that phases 2, 3, 4 and 5 be approved as had been `" done with the Planning and Zoning Commission. Mr. Kreymer was aware that the two (2) year completion clock starts with Council approval of plat. If there are any major changes in the plat they are to be brought back before Planning and Zoning and then to Council . Councilman Eavenson made motion to approve plats 2, 3, 4, and 5 of Kinsington Manor Estates with the understanding that Mr. Kreymer was aware of necessary steps on any changes or alterations set up in the subdivision ordinance. Seconded by Mayor Pro Tem Martin. All in favor. Variance request to construct model home in Kinsington Manor Estates. Mr. Don Kreymer stated that the home would not be occupied as a dwelling but used as a sales office. Councilman Eavenson made motion to accept request for variance, seconded by Councilwoman Allen. Four in favor. Councilman Simmons abstained. General Telephone Company request for rate increase. Mayor Squires pointed out that there was no action for the Council to take on this request as this would be done by the Public Utility Commission in Austin. Mr. Robert Stuart, Mr. Daniel Johnson and Ms. Rhonda Rathje representing GTE were available for discussion. Adoption of Ordinance setting speed limits on West F.M. 544. After dis- cussion by City Manager Vickers, Councilman Eavenson made motion to adopt the ordinance, seconded by Councilwoman Allen, all in favor. Request to permit building duplexes on South Second Street prior to making street improvements. City Manager Vickers made recommendation that due to the fact there had never been any improvements to this property that this tract should be treated as new development and should be developed in accordance with subdivision regulations. The zoning ordinance requires approval of a site plan on developed streets complete with public utilities. Councilman Eavenson made motion that this tract should be replated and utilities and street improvements be installed to comply with ordinance. Councilwoman Allen seconded, all in favor. Consider ordinance establishing revised electrical permit fees. City Manager Vickers recommended that this be tabled until further infor- mation can be given to the Council for comparison with other cities. Electrical Board will make an official presentation to Council at next regular meeting. Consider invitation of bids for connecting emergency generator to Police Department. Mayor Pro Tem Martin made motion to consider invi- tation of bids for connection and that actual approval come back to Council , Councilman Simmons seconded, all in favor. Consider approval of appointment of Acting Director of Public Works. City Manager Vickers recommended Mr. Joseph Cerretani for the temporary position of Public Works Director. Councilman Allen made motion that Councilman Eavenson and Simmons along with City Manager Vickers inter- view applicant and make recommendation back to Council . Councilwoman Dodd seconded, all in favor. Consider letter of resignation of City Secretary. Councilman Martin made motion that since letter had been submitted to Council that they a.t.i'%) accept letter of resignation from City Secretary Gail Wallace. Seconded by Councilwoman Allen. Four in favor, Councilman Simmons abstained. Consider appointment of Acting City Secretary. City Manager Vickers ' 1% recommended appointment of Mrs. Sarah Connelly, who had previously served the City in this position. Councilman Eavenson made motion to accept this appointment, Mayor Pro Tem Martin seconded, all in favor. Departmental reports were accepted by Council . EMERGENCY AGENDA ITEM Discuss procedures for resolving issue regarding rezoning request for mobile home park zoning on acreage south of Alanis and Martinez Lane.. City Attorney Elliott advised Council that it would be illegal for them to act upon Planning and Zoning Commission recommendations as it was presented to Council in a 3/3 vote. Councilman Eavenson made motion to table until next meeting. Councilman Simmons made request that a special Council meeting be called for Monday, March 14, 1983 at 7:00 p.m. in Council chambers in order for this Council presently seated to take action on this matter. Councilman Eavenson ammended his motion to include Councilman Simmons request and that the City have legal counsel available at that meeting. Councilman Simmons seconded, all in favor. Adjournment. Councilman Simmons made motion djourn meeting at 9:00 p.m. , Councilman Eavenson seconded. All in or. ".e e ires, Mayor ATTEST: Conne ly, Acting City Secretar