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.
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Minutes of April 11, 1995 Page 6