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05-24-1994 (City Council) Minutes MINUTES OF THE WYLIE CITY COUNCIL MAY 24, 1994 CALL TO ORDER Mayor Swartz called the meeting to order with the following Council members present: Reta Allen, John Mondy, Bobby Jennings, Ortie Messenger, Steve Wright and Cleo Adams. PRESENTATIONS Mayor Jim Swartz made a presentation to Rev. Don Yeager In Recognition Of Service To The Community. CONSENT AGENDA 1. Consider Approval of Minutes of May 10, 1994 Meeting 2. Consider Adoption of Ordinance Amending Ordinance 93-14, concerning disannexation of certain tracts on Parker Road 3. Consider Award of Bid - Annual Contract For Asphalt Overlay Steve Norwood, the City Manager, advised the Council concerning the contract bid for the asphalt overlay, emphasizing the savings and the quality work this company provides. Ortie Messenger made a motion to pass all three consent agenda items and Steve Wright seconded the motion, which passed unanimously. ACTION ITEMS 1. Hold a Public Hearing to discuss and consider approval of Ordinance to rezone the property located at 303 E. Marble(legal, Lot 5 Blk 9 of the Railroad Addition) from Retail to B-1 Business. Bobby Jennings made a motion to approve the ordinance to rezone the property and Cleo Adams seconded the motion, which passed unanimously. 2. Hold a Public Hearing to discuss and consider approval of Ordinance to amend the text of Zoning Ordinance whereby light fabrication and assembly would be a permitted use in B-2 Business Zoning Classification. Russell Wyman, the Building Official, answered questions concerning businesses that are currently in violation, that this amendment would correct. Council questioned the environmental impact these "light fabrication and assembly" businesses would have and if there were any loop holes this could open that would allow these prospective businesses to locate near homes and schools. Council also questioned the legality of the proposed Amendment as stated - "Will it hold up in Court?". Steve Wright made a motion to table this issue until further information is available p. 2 -„ concerning these questions and John Mondy seconded the motion, which passed unanimously. 3. Hold a Public Hearing to discuss and consider a replat of Lots 3 through 7, Block H of Wyndham Estates, Phase II. Todd Peterson of 1400 London(legal, lot 3 blk H of Wyndham Estates II) spoke in favor of the replat and asked that the Council approve the replat contingent on the deeding of the 10'to him. Russell Wyman briefly explained the circumstances of these properties and the chain of events leading to this issue being before the Council. He recommended the Council approve the replat contingent on the deeding of the 10' to Todd Peterson, the property owner of Lot 3. John Mondy made a motion to approve the replat contingent on the deeding of the land to Mr. Peterson and Cleo Adams seconded the motion, which passed unanimously. 4. Discuss and consider approval of First Southwest Company as consultant for a second TCI Cable Company rate regulation review. Steve Deiter, the City Attorney, advised the Council why there is a need for a second rate regulation review. Apparently, in the first review some assumptions were made without proper backup to sufficiently explained certain rates. Both, First Southwest Company and Steve Deiter, feel it would be in the customers best interest to have a second rate regulation review. Ortie Messenger made a motion to approve First Southwest Company as consultant for a second TCI Cable Company rate regulation review and Bobby Jennings seconded the motion, which passed unanimously. 5. Discuss and consider acceptance of bid for painting of Nortex Ground Storage Tank. Steve Norwood advised the Council that this issue had been tabled until he could conduct a thorough background check on the prospective painter. The background check has been completed and he is comfortable with recommending to the Council to accept the bid. Steve Wright made a motion to accept the bid for the painting of Nortex Ground Storage Tank but to double check that this price includes a seal on the paint. Ortie Messenger seconded the motion and it passed unanimously. APPOINTMENT ITEM Sandra Donovan addressed the Council concerning the closure of Jefferson Street between Ballard and Jackson. Ms. Donovan explained that the Wylie United Methodist Church is attempting to purchase the house at 108 W. Jefferson, across the street from the church. The Church would like to have Jefferson closed there so they may expand the church building and the parking. As the church is now, the parking available is at maximum capacity but at Wylie "code" minimum, meaning any expansion in the building would require more parking - which the church does not have available. The Council said that p. 3 several questions need to be addressed and answered before they would even give an opinion on this issue. The Council would like traffic count information on the stretch that would be closed, input from surrounding residents and business owners, DART's future plans for their land and the City's future plans on extending Jefferson. The Council, also, inquired as to the Church's plan for the house currently on the lot at 108 W. Jefferson since it is the oldest house in Wylie. Ms. Donovan said the Church wanted to refurbish it and either relocate it or keep it as office space. They plan to have a Church member rent the home and live in it while remodeling takes place. The Council did express concern over keeping the Wylie United Methodist Church in the same location since it has been a mainstay in the community and certainly something needed to be done for that to happen. STAFF REPORTS Steve Norwood made a brief report on the condition of Sky View Rd. He said that N.T.M.W.D. is doing work out there and their trucks have torn up the road making it virtually impassable. The City has put out signs and is going to try and do some patch work. Brady Snellgrove gave the Council copies of the April '94 budget and pointed out some figures in revenue the Council should be aware of, namely impact fees for new construction. CITIZEN PARTICIPATION Rudy Lopez, of 631 Hwy 78 owner of Custom Signs by Rudy, spoke about Ordinance 27.17 Section C, concerning wall signs. Mr. Lopez would like a comparison done of other cities showing what they allow on the percentage of wall allowable for use of wall signs. He states that Wylie City Ordinance allows a smaller percentage and thus defeats the purpose of a wall sign. The Council asked Russell Wyman to gather and compare information of other cities and to have this available for review by the first Council Meeting in July. EXECUTIVE SESSION Council adjourned into Executive Session under 551-074, Government Code to discuss the appointment of a representative to the North Texas Municipal Water District Board. APPOINTMENT TO N.T.M.W.D. BOARD Upon reconvening into regular session at 10:30 p.m., Steve Wright made a motion to appoint Raymond Cooper to the N.T.M.W.D. Board and Cleo Adams seconded the vote, which passed unanimously. p. 4 ADJOURNMENT As there was no further business to come before the Council for consideration, the meeting adjourned. Respectfully Submitted: et/Yct/7L. kfLU,Oy0 Mayor Jim Swart Kirsten Fresh Community Development Secretary sue®