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
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