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02-23-1993 (City Council) Minutes 103 MINUTES OF THE WYLIE CITY COUNCIL February 23, 1993 CALL TO ORDER 5 Mayor John Akin called the meeting to order with the following councilmembers present: Jim Swartz, Reta Allen, Jay Davis, Ortie Messenger, and Steve Wright. Bud Naish was absent. 10 CONSENT AGENDA Council considered approval of the Consent Agenda which consisted of the following: 15 (1) the minutes of February 9, 1993 (2) Ordinance No. 93-10 authorizing a change in zoning from Agricultural to "SF-1" single family zoning on a tract of land located in the vicinity of McMillen Road and FM-1378 20 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING THE ZONING CLASSIFICATION ON A 93.827 ACRE TRACT IN THE JOHN MITCHELL SURVEY, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT THE SOUTHWEST INTERSECTION OF MCMILLEN ROAD(CR 298)AND FM1378, 25 FROM AGRICULTURAL TO SINGLE FAMILY RESIDENTIAL (SF-1); AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13), ORDINANCE 86- 95, AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 30 (3) Resolution No. 93-4 Declaring March 1 through March 5 and Public Schools Week Messenger made a motion to approve items one and two. Allen seconded the motion. 35 The motion was voted on and passed unanimously. Mayor Akin read aloud the resolution and upon motion made by Swartz and seconded by Wright, the resolution was approved unanimously. Betty Stephens, representing the Wylie Independent School District, introduced students from each campus who were present to accept the resolution on behalf of the schools. 40 REQUEST FROM LONE STAR GAS COMPANY FOR RATE INCREASE Betty Stewart, representing Lone Star Gas Company, presented a capitol expenditure list to the Council and Ben Hussein, of Lone Star's Economic Development ..45 Department, discussed the weather normalization process. After brief Council discussion 1 104 regarding the rate increase proposal, Davis made a motion to table the request. Messenger seconded the motion. The motion was voted on and passed unanimously. ORDINANCE NO. 93-11 DENYING TU ELECTRIC RATE INCREASE PROPOSAL 50 Swartz made a motion to approve the ordinance denying the TU Electric rate increase request. Davis seconded the motion. The motion was voted on and passed unanimously. 55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DENYING THE PROPOSED CHANGED RATE SCHEDULES AND SERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY;PROVIDING CONDITIONS UNDER WHICH SAID COMPANY'S RATE SCHEDULES AND SERVICE REGULATIONS MAY BE CHANGED, MODIFIED,AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED 60 IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; DECLARING AN EMERGENCY; REPEALING ALL CONFLICTING ORDINANCE; CONTAINING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE ANNUAL REPORT FROM JIM SMITH, DEVELOPMENT CORPORATION OF WYLIE 65 Jim Smith reported on the activities of the Development Corporation over the past year and noted that the corporation held a cash balance of $369,593.16. He explained, however, that $120,000 of that balance was pledged as a loan to the hospital. Smith urged Council to continue towards the development of standard guidelines for a tax 70 abatement program. ORDINANCE AMENDING THE WYLIE CODE OF ORDINANCES COMPREHENSIVE FEE SCHEDULE 75 Council reviewed the proposed ordinance and instructed staff to review areas including building inspection and permit fees and junkyard fees. Tommy Pulliam, representing the Wylie Sports Association, requested the Council to allow WSA seven tournaments per year at no charge instead of the proposed five to allow each league to opportunity to hold one tournament at no charge. After much discussion, Messenger 80 made a motion to approve the tournament fee schedule, the PBI schedule and to increase the number of tournaments permitted at no charge from five to seven and to table the remainder of the ordinance pending further review. Allen seconded the motion. The motion was voted on and passed unanimously. 85 AUTHORIZATION FOR CITY MANAGER TO EXECUTE CONTRACT WITH ALLEN WEISS FOR CONCESSIONS AT COMMUNITY PARK Director of Community Services Bill Nelson explained the provisions proposed in the contract with Allen Weiss and stated that he had received no complaints regarding 90 the service Weiss had provided in the past year. Messenger questioned the availability 2 1 0 5 of scoreboard sponsors. Nelson explained that negotiations were in progress with Dr. Pepper who was requesting a five year agreement to use three Dr.Pepper scoreboards. After discussion, Wright made a motion to authorize execution of a contract. Davis seconded the motion. The motion was voted on and passed unanimously. Messenger 95 requested that Nelson continue pursuing scoreboard options. ORDINANCE NO. 93-12 REGULATING SEXUALLY ORIENTED BUSINESSES Wright made a motion to approve the ordinance. Davis seconded the motion. 100 The motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING THAT THE CODE OF ORDINANCE OF THE CITY OF WYLIE, TEXAS, BE AMENDED BY ADDING A CHAPTER TO BE NUMBERED 13, AND TITLED "SEXUALLY ORIENTED BUSINESS"; PROVIDING 105 DEFINITIONS AND REGULATIONS FOR SEXUALLYORIENTED BUSINESS ESTABLISHMENTS WITHIN THE CITY OF WYLIE BY ESTABLISHING CRITERIA FOR ISSUANCE, SUSPENSION, REVOCATION,TERM,AND FEES FOR LICENSES; PROVIDING PROCEDURES FOR APPEAL OF DENIAL, SUSPENSION OR REVOCATION OF A LICENSE; PROVIDING FOR THE INSPECTION OF SEXUALLY ORIENTED BUSINESSES AND EXEMPTIONS FROM SAID 110 RESTRICTIONS; ESTABLISHING ADDITIONAL REGULATIONS FOR ESCORT AGENCIES, NUDE MODEL STUDIOS, ADULT THEATERS AND ADULT MOTION PICTURE THEATERS, AND ADULT MOTELS; ESTABLISHING REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS; ESTABLISHING PENALTY AND FINES FOR VIOLATION; AND PROVIDING AMENDMENT PROCEDURES, A SEVERABILITY CLAUSE, A 115 REPEALER CLAUSE, AND AN EFFECTIVE DATE. STAFF REPORTS City Manager Steve Norwood told Council that Phil Blakely had been promoted 120 to fill the vacant water foreman position and that the City had received a grant for provision of trees at Valentine Park. Director of Finance Brady Snellgrove discussed the January financial statements and answered questions of Council. CITIZEN PARTICIPATION 125 Shirley White, 711 Parker Road, stated that her property had been annexed in 1987 and that she had submitted a sufficient disannexation petition in 1990 which had heretofore not be acted on. She requested disannexation and reimbursement of taxes paid over the past three years. 130 Linda Bair, 406 Rustic Circle in Richardson, stated that her three acre tract had been annexed in 1986 and as she had received no services, she wanted to also pursue disannexation. Ms. Bair was instructed to contact the City Attorney regarding disannexation procedures. 135 3 106 EXECUTIVE SESSION 140 Council adjourned into Executive Session at 8:40 p.m. under Article 6252-17 V.A.C.S. to discuss Personnel regarding appointment of election judges, evaluation of City Attorney and evaluation of City Manager. Upon reconvening into regular session at 10:45 p.m., the Mayor announced that 145 no official action was required as a result of the executive session. ADJOURNMENT As there was no further business to come before the City Council for 150 consideration, the meeting adjourned. out dii ") -, APP VED 155 (7#7 , p Ci241) ATTES 4