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10-26-1993 (City Council) Minutes MINUTES OF THE WYLIE CITY COUNCIL October 26, 1993 CALL TO ORDER 5 Mayor Pro-Tem Jim Swartz called the meeting to order with the following councilmembers present: John Mondy, Reta Allen, Steve Wright, and Ortie Messenger. Mayor John Akin and Councilman Bud Naish were absent. 10 CONSENT AGENDA Council considered approval of the Consent Agenda which consisted of the following items: 15 (1) minutes of October 12, 1993 (2) a contract with Hogan Corporation for engineering services Messenger made a motion to approve the Consent Agenda. Wright seconded the 20 motion. The motion was voted on and passed unanimously. PUBLIC HEARING AND ORDINANCE NO. 93-48 AUTHORIZING A SPECIFIC USE PERMIT FOR ACCESSORY STRUCTURES, SWIMMING POOL, AND PLAY AREA AT REDWOOD ON THE LAKE MOBILE HOME PARK 25 Ken Shouse, manager of Redwood at the Lake Mobile Home Park addressed the Council and outlined the improvements proposed as well as improvements already completed by the new property management. He agreed to the Planning and Zoning Commission's recommendations and accepted that the drainage easement could be 30 accessed with non-compensated damage to any pavement covering the easement. Council discussed the Commission recommendation that requires completion within 24 months and Wright made a motion to approve the ordinance with amendment to require 24 month deadline for completion. Messenger seconded the motion. Upon the reading of the caption, the motion was voted on and passed unanimously. 35 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,GRANTING A SPECIFIC USE PERMIT FOR A PORTION OF PROPERTY PRESENTLY ZONED MH-MOBILE HOME PARK, GENERALLY LOCATED ON COUNTY LINE ROAD AT ITS INTERSECTION WITH THE ROCKWALL-DALLAS COUNTY LINE, AND COMMONLY KNOWN AS REDWOOD ON THE LAKE (f/k/a LAKE RAY 40 HUBBARD MOBILE HOME PARK),BY ALLOWING THE CERTAIN ACCESSORY STRUCTURES, SWIMMING POOL, AND RECREATION AREA ON SAID PREMISES, PLACING CERTAIN CONDITIONS THEREON; AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13), AND ORDINANCE AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A 15 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE PUBLIC HEARING ON ORDINANCE NO. 93-49 ADDING AUCTION HOUSES AS A LISTED USE IN THE COMPREHENSIVE ZONING ORDINANCE 1 Norwood explained that auction houses were not currently a permitted use in any .... 50 of the categories of the Zoning Ordinance. He outlined the Planning and Zoning Commission's recommendations for allowing auction houses as a permitted use in certain zoning classifications and with a specific use permit in others. Doyle and Teresa Spurgin stated their opposition to the proposed amendment and requested that auction houses be allowed in Retail districts. As there was no one else wanting to address this 55 issue, the public hearing was closed. Council discussed the uses allowed in retail zoning and the business proposed by the Spurgins. After Council discussion, Wright made a motion to adopt the ordinance with the amendments recommended by the Planning and Zoning Commission with an additional amendment to allow indoor auction houses with no outside storage or livestock in the retail classification with a specific use 60 permit. Mondy seconded the motion. The motion amended the Zoning Ordinance as follows: Zoning Category Permitted Use Requires Specific Use Permit Retail Indoor Auction House with No Outside Storage or Livestock 65 B-1 Indoor Auction House with No Indoor Auction House with Outside Storage or Livestock Outside Storage B-2 Indoor/Outdoor Auction with No Livestock Industrial Indoor/Outdoor Auction with Livestock Auction Outside Storage Agricultural Livestock Auction 70 Upon the reading of the caption, the motion was voted on and passed with all in favor except Messenger who was opposed. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE,AS 75 CODIFIED IN SECTION 1 OF CHAPTER 12, BY ADDING AUCTION HOUSES AS PERMITTED USES, AND AS SPECIFIC USES IN CERTAIN ZONING DISTRICTS, AND BY CHANGING CERTAIN DEFINITIONS THEREIN CONTAINED; REPEALING ALL CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 80 PUBLIC HEARING AND ORDINANCE NO. 93-50 AMENDING ZONING ORDINANCE REGARDING BOWLING ALLEYS AND COMMERCIAL AMUSEMENTS Norwood explained that the Planning and Zoning Commission had recommended 85 amendments to remove bowling alleys as a listed use as they were already included in the Commercial Amusements regulations. As there was no one present wanting to address this issue, the public hearing was closed. Mondy made a motion to approve the ordinance as recommended by the Planning and Zoning Commission. Messenger seconded the motion. The motion was voted on and passed unanimously. 90 2 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE,AS CODIFIED IN SECTION 1 OF CHAPTER 12, BY CHANGING THE ZONING DISTRICT CLASSIFICATIONS WHERE COMMERCIAL AMUSEMENT USES, INDOOR AND OUTDOOR, )5 ARE ALLOWED AS PERMITTED USES AND SPECIFIC USES, AND FURTHER AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 24 PARKING REQUIREMENTS AND BY CHANGING CERTAIN DEFINITIONS THEREIN CONTAINED; REPEALING ALL CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 100 The approved Ordinance amends the Zoning Ordinance as follows: Indoor Comm.Amusement Outdoor Comm.Amusement Retail Zoning Requires Specific Use Permit Requires Specific Use Permit 105 B-1 Zoning Requires Specific Use Permit Requires Specific Use Permit B-2 Zoning Approved Use Requires Specific Use Permit Industrial Zoning Approved Use Requires Specific Use Permit Commercial Amusement Commercial Amusement- 30 30 spaces plus (1) space for Parking spaces plus (1) space for each each (100) square feet of floor (100) square feet of floor area area over (2000) square feet over (2000) square feet Bowling Alleys - same as commercial amusement OR six spaces for each lane whichever is greater 110 PUBLIC HEARING AND ORDINANCE NO. 93-51 AMENDING ZONING ORDINANCE REGARDING PLANT FARMS AND NURSERIES Norwood explained that the existing requirements in the zoning ordinance didn't 115 allow a nursery in retail to act as a buffer between residential and non-residential zoning and was overly restrictive regarding plant shops and greenhouses. As there was no one present to address this issue, the public hearing was closed. Messenger made a motion to approve the ordinance. Mondy seconded the motion. Upon the reading of the ordinance caption, the motion was voted on and passed unanimously. 120 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE,AS CODIFIED IN SECTION 1 OF CHAPTER 12 BY CHANGING THE CLASSIFICATION IN WHICH GARDEN SHOPS,PLANT NURSERIES,GREENHOUSE,GREEN NURSERIES,AND GENERAL 125 GARDENING ACTIVITIES ARE ALLOWABLE USES AND SPECIFIC USES;AND BY CHANGING CERTAIN DEFINITIONS THEREIN CONTAINED; REPEALING ALL CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE i0 The approved ordinance amends the Zoning Ordinance as follows: 3 Allowed Use Requires Specific Use Permit Retail Garden Shop and Plant Sales in Completely Greenhouse as an Accessory to Enclosed Building Garden Shop B-1 Garden Shop and Plant Sales in Completely Garden Shop with Outside Storage Enclosed Building and Greenhouse as an Accessory to a Garden Shop 135 B-2 Garden Shop with Outside Storage and Greenhouse as an Accessory to a Garden Shop Ag Retail or Wholesale Plant Sales with Outside Storage, Plant Farms, Greenhouses and Gardening Activities PUBLIC HEARING REGARDING PROPOSED AMENDMENTS TO AGRICULTURAL DISTRICT OF THE COMPREHENSIVE ZONING ORDINANCE 140 Mayor Pro Tern Swartz opened the public hearing and as there was no one present to address this issue, the public hearing was closed. Wright made a motion to table action pending final recommendation by the Planning and Zoning Commission. Allen second the motion. The motion was voted on and passed unanimously. 145 REPLAT OF LOTS 19, 20, AND 21, BLOCK A, RUSH CREEK ESTATES INNS Norwood explained that the Planning and Zoning Commission had recommended approval of the combination of three lots into two larger lots subject to the removal or 150 relocation of the electric easement in the center of the new lot 19A. Harry Tibbals, the applicant, explained that TU had written a letter consenting to move the easement or abandon it. Allen made a motion to approve the replat subject to the relocation or removal of the easement. Messenger second the motion. The motion was voted on and passed unanimously. 155 DISCUSSION REGARDING HEALTH INSURANCE Norwood explained that while the City had received a fair to moderate level of service from Cigna, the current provider, Cigna had opted not to resubmit a proposal to 160 renew their contract with the City of Wylie for health care insurance. He stated that six companies had submitted 20 proposals that fell within the City's $185,000 health insurance budget. Norwood stated that the staff would be looking for a workable and convenient program for all employees, preferably giving the employee the ability choose between using a personal doctor under a P.P.O. plan with fewer benefits or a receive 165 enhanced benefits under the regular plan. He stated that the staff was hoping to include Wylie doctors on the plan but wanted to also accommodate the 50% of City employees who live outside of city. He concluded by noting that Council action was required by .an% November 9th as the current contract expires December 1. 170 4 CITIZEN PARTICIPATION REGARDING TERMINATION OF FIRE CHIEF Rick Scarmardo, 1306 Devonshire, stated that he was speaking on behalf of 75 volunteer fireman and asked for re-instatement of Jim Lynch, former Fire Chief who was recently dismissed by the City Manger. He cited many improvements in the Fire Department in the three years the Jim Lynch was Fire Chief and stated that budget restraints were responsible for any fire protection deficiencies. 180 Tommy Nicholson, 1050 E. Oak, also objected to the termination of the former Fire Chief and stated that fire calls had decreased due to fire prevention programs. He questioned the City Manager's objectives for the department stated concern for the safety of the citizens in Wylie. 185 Don McCarter, 109 N. Winding Oaks, stated that the City Manager served at the pleasure of the Council and the Council served at the pleasure of the citizen. He urged the Council to re-instate the Fire Chief immediately. Bob Hise, 513 E. Stone Circle, told the Council that he believed the termination 190 of the Fire Chief was politically motivated. City Manager Steve Norwood told the audience in rebuttal that his decision to terminate the Fire Chief was based on failure to meet certain performance objectives and that the decision was neither hastily made or politically motivated. He stated that the )5 current make-up of the Fire Department was not in jeopardy but that he would be searching for a highly motivated, well-qualified replacement who would initiate actions, work on emergency management, and implement civil defense procedures. He stated that he would not embarrass a present or former employee by discussing performance deficiencies in a public forum. 200 ADJOURNMENT As there was no further business to come before the Council for consideration, the meeting adjourned at 8:45 p.m. 205 PROVED 210 (6/ �01/4�,�3r�;�n�rlinun ATTEST ° i� `)7 rti SEAL = 3 t kminimmoo