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04-11-1995 (City Council) Minutes MINUTES OF THE WYLIE CITY COUNCIL April 11, 1995 CALL TO ORDER Mayor Jim Swartz called the meeting to order with the following Councilmembers present: Ortie Messenger, John Mondy, Cleo Adams, Bobby Jennings. Steve Wright and Reta Allen. PRESENTATION TO NEWLY PROMOTED SERGEANT CHRIS HOWELL Chief of Police Dave Brungardt presented newly appointed patrol sergeant Chris Howell with his sergeant's badge and noted Sergeant Howell's contributions to the Wylie Police Department as well as his many commendations from the citizens of Wylie. PRESENTATION TO MAYOR OF FUNDS RECEIVED FROM WYLIE FIRE ACADEMY Fire Chief Shan English presented the Mayor with a $20,000 check representing proceeds from the Wylie Fire Academy. City Manager Steve Norwood noted that the check would fund the down payment on the new fire truck expected to be delivered in October. CONSENT AGENDA (1) Minutes of March 28, 1995 (2) Resolution No. 95-17 declaring April 26, 1995 Student Government Day (3) Resolution No. 95-18 declaring the second week of April as National Library Week (4) Award of bid for housing rehabilitation project under Urgent Need Grant for disaster relief (5) Approval of application for assistance by Judy Taylor under Urgent Need Grant for disaster relief Allen made a motion to approve the consent agenda. Adams seconded the motion. The motion was voted on and passed unanimously. Mayor Swartz read aloud the resolutions for the benefit of the audience which included Student Government Officers from Wylie High School and members of the Library Board. Minutes of April 11, 1995 Page 1 PRESENTATION BY DEVELOPMENT CORPORATION OF WYLIE, INC. John Yeager, President and C.C. Womack, Executive Director outlined the economic development activities of the Corporation in the past quarter, discussed expenditures on major projects, discussed efforts to attract industry, and noted the Corporation's current assets as $240,000 with a net worth of$815,000. Womack answered questions of Council regarding the presentation and the anticipated completion of an economic development study by mid-year. PRESENTATION BY DR. H. JOHN FULLER, SUPERINTENDENT OF SCHOOLS FOR WYLIE I.S.D REGARDING FUTURE HIGH SCHOOL Dr. Fuller presented the rendering of a future high school to be built on the property acquired by the school district in the vicinity of FM-544/FM-1378 and west of Hensley road. He noted that the district had acquired approximately 112 acres and were proposing to use 66 of those acres for the development of the new high school and adjacent facilities. Fuller stated that the school would immediately accommodate 1000 students upon opening but was being built to ultimately become a 5A school that will serve 2500 students. Fuller outlined the design of the building and answered questions of Council regarding the FM- 544/FM-1378 intersection, the contract management company - Gallager Construction, and the joint uses proposed with the 80 adjacent acres purchased by the City of Wylie for parks and recreation facilities. Fuller told Council that the Wylie I.S.D. was optimistic that the new high school would open in September, 1996. ORDINANCES 95-6 AND 95-7 ANNEXING A COMBINED TOTAL OF 112 ACRES OWNED BY THE WYLIE I.S.D. IN THE VICINITY OF FM-544/FM-1378 Norwood explained that no public hearings were necessary as this was unoccupied territory petitioned for annexation. Messenger made a motion to approve the ordinances. Mondy seconded the motion. Upon reading of the captions, the motion was voted on and passed unanimously. ORDINANCE NO. 95-6 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,ANNEXING A 66 ACRE TRACT OF LAND CONTIGUOUS TO THE CITY OF WYLIE,TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND AS MAY BE HEREINAFTER ADOPTED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE Minutes of April 11, 1995 Page 2 ORDINANCE NO. 95-7 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING 46 ACRES OF TERRITORY CONTIGUOUS TO THE CITY OF WYLIE, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND AS MAY BE HEREINAFTER ADOPTED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE 95-5 ANNEXING 80 ACRES OF CITY OF WYLIE PROPERTY LOCATED IN THE VICINITY OF FM-544/FM-1378 Norwood explained that the proposed ordinance annexed approximately 80 acres paid for with 4B sales tax revenues for parks and recreation facilities development. Adams made a motion to approve the ordinance. Jennings seconded the motion. The motion was voted on and passed unanimously. ORDINANCE NO. 95-5 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING 80.0663 ACRES OF TERRITORY CONTIGUOUS TO THE CITY OF WYLIE, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND AS MAY BE HEREINAFTER ADOPTED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE PUBLIC HEARING REGARDING REQUEST FROM RUSSELL DAVIS AND ORDINANCE 95-9 AUTHORIZING A CHANGE IN ZONING FROM "SF-3" SINGLE FAMILY TO "0" OFFICE AT 308, 310, & 312 WEST BROWN STREET Mr. Davis explained his request to the City Council to remodel existing structures for office use. He stated that the land use proposed was more restrictive and compatible with the uses surrounding the property and requested approval. As there was no one else wishing to address this issue the public hearing was closed. Wright made a motion to approve the ordinance. Messenger seconded the motion. The motion was voted on and passed unanimously. ORDINANCE 95-9 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING classification OF LOT 70A AND LOT 71A, BLOCK 12 OF THE BROWN & BURNS ADDITION IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 308, 310, AND 312 W. BROWN FROM "SF-3" SINGLE FAMILY TO "O" PROFESSIONAL OFFICE DISTRICT; AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE 85-23a); AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE Minutes of April 11, 1995 Page 3 REPLAT OF MCMILLAN FARMS ADDITION Don Kreymer, the applicant explained that he proposed to combine an additional 10 acres with the previously replatted 10 acres not accepted by the city due to failure to comply with utilities requirements. Norwood recommended that should Council choose to approve the replat, that the approval be made subject to the condition that the plat not be formally accepted by the City of Wylie until utilities were installed. Messenger made a motion to approve the plat subject to the condition outlined by the City Manager. Adams seconded the motion. The motion was voted on and passed unanimously. ORDINANCE NO. 95-10 AUTHORIZING A SPECIFIC USE PERMIT FOR AN AUCTION HOUSE IN RETAIL ZONING FOR THE PROPERTY LOCATED AT 114 NORTH BALLARD Norwood explained that Council had previously tabled action on the ordinance pending examination of the available parking and compliance with our regulations. He noted that since the City's ordinance did not specifically calculate parking for an auction house, the rate had been based on the rate for a restaurant or auditorium at one space per three people. With the 80 person occupancy load, the ordinance would require a total of 27 spaces. Norwood noted that the SUP ordinance included a requirement for at least 18 of those spaces to be located on site, a review period that would coincide with another auction house SUP formerly approved, and the hours of operation proposed by the applicant, Earl Wilson. Allen made a motion to approve the ordinance. Adams seconded the motion. The motion was voted on and passed unanimously. Allen stated that when the other auction house was reviewed in the next few months, she would be expect the conditions of his SUP ordinance to be amended with similar conditions. ORDINANCE NO 95-10 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE AS HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR AN AUCTION HOUSE AS HEREIN DEFINED ON A TRACT OF LAND DESCRIBED AS LOT 14, BLOCK 18, RAILROAD ADDITION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 95-8 ESTABLISHING REGULATIONS FOR THE DISTRIBUTION OF HANDBILLS IN THE CITY OF WYLIE Norwood explained that the proposed ordinance would provide litter protection in City parks as well as on public and private property. He explained the conditions as follows: Minutes of April 11, 1995 Page 4 - . (1) Distributing to Private Property - handbills permitted if secured i.e. door hangers, rubberbanded to knob, etc. unless posted "no soliciting" or property is vacant (2) Putting on Vehicles - not permitted at all unless it is a non-commercial handbill and is handed to a person in a vehicle who is willing to accept it (3) Distributing on Sidewalks & Public Places - not permitted unless it is a non- commercial handbill and is handed to a person willing to accept it (4) Vacant Property (buildings, houses, etc) - not permitted at all (5) Posting, Attaching, etc to Private Property - not permitted without the permission of the owner/operator (6) City Parks - not permitted at all Jennings made a motion to approve the ordinance. Adams seconded the motion. Upon reading of the caption, the motion was voted on and passed unanimously. ORDINANCE NO. 95-8 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING THE WYLIE CODE OF ORDINANCES AS HERETOFORE AMENDED TO REGULATE THE DISTRIBUTION OF HANDBILLS; PROVIDING FOR DEFINITIONS; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE AUTHORIZING ENGINEERING AND DESIGN FOR EXTENSION OF WESTGATE WAY Norwood explained that the plan submitted by Hogan for engineering and design included street paving and storm drainage improvements associated with Westgate Way. He stated that the $42,000 cost did not include an estimated $6,000 for advertising, reviewing bids, and construction review. He noted that the total project cost of $636,600 included $160,000 for the railroad crossing. Messenger made a motion to authorizing the engineering and design. Allen seconded the motion. The motion was voted on and passed unanimously. EXECUTIVE SESSION Council adjourned into Executive Session under 551.074 Government Code to discuss Appointment of Municipal Election Judges and Under 551.075 Conference with Employees to receive information on potential litigation. Minutes of April 11, 1995 Page 5 APPOINTMENT OF ELECTION JUDGES Upon reconvening into regular session, Wright made a motion to make the following appointments: Presiding Judge Nathan Shepard Polling Place - Southfork Alternate Judge Paul Leverington Polling Place - Southfork Presiding Judge Cecilia Wood Polling Place - Methodist Church Alternate Judge Beb Fulkerson Polling Place - Methodist Church Adams seconded the motion. The motion was voted on and passed unanimously. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting adjourned. % i' t s PROVED • _.„ ��� �,.0,y;';�;i0i.Fif 11,,;„/,, ATTE U .�� C . '% Ei /1s�o?'4/E, TEl pC's * f/IllsstIII I tttgA Minutes of April 11, 1995 Page 6