05-26-1983 (City Council) Minutes s i{
MINUTES OF CALLED CITY COUNCIL
AND REGULAR PLANNING AND ZONING COMMISSION
MEETING AND WORK SESSION
MAY 26,1983 - 6:00 P.M.
The City Council and Planning & Zoning Commission of Wylie met in a
called meeting and work session. A quorum was present and notice of
the meetings has been posted for the time and manner required by law.
The meeting was called to order by Mayor Pro Tem John Akin, the
Planning and Zoning Commission was called to order by Chairman Joe
Fulgham. Both had a quorum present and notice of the meeting has
been posted for the time and manner required by law. Those in
attendance were Mayor Pro Tem John Akin, Councilmen Percy Simmons,
William Martin, Don Hughes, and Cleo Adams, City Manager Lee Vickers ,
City Secretary Carolyn Jones, Mayor Squires was absent. Those present
from Planning and Zoning Commission, Chairman Joe Fulgham, Ken Mauk,
Bryant Barry, Art Harris, Sarah Connelly, Judy Brewster and John
Seeley. Zoning Board of Adjustment members present were Nancy Conkle,
Kent Crane, Richard Hampton, Bill Lecocq & Randal Gaston. Others
present were Terry Daniels, Frank Rasor, Harold Spence, George
Brown, Don Kreymer, I.W. Santry, Bill Kreymer & T. J. Dunkin.
PLANNING & ZONING MINUTES: Bryant Barry made a motion to approve
all minutes from previous Planning and Zoning meetings, seconded
by Ken Mauk. All in favor.
PRELIMINARY PLAT ON OAKS III & IV: Art Harris made a motion to
approval the preliminary plat on Oaks III and IV subject to the
submittal from Harold Spence. A corrected copy of the plats with
correct dimensions. Seconded by Bryant Barry. All in favor.
PRELIMINARY PLAT ON OAKS RETAIL: Bryant Barry made the motion to
approve preliminary plat on Oaks Retail subject to the submittal
from Harold Spence. A corrected copy of the plats with correct
dimensions. Seconded by Sarah Connelly. All in favor.
FINAL PLAT SOUTH SECOND STREET; Approval of the final plat for South
Second Street was tabled after I. W. Santry made the statement
that this plat was not ready. Sarah Connelly made the motion to
table this item until a later date. Seconded by Art Harris, all
in favor.
Planning and Zoning recessed for the City Council meeting.
PRELIMINARY PLAT ON OAKS III AND IV: Councilman Don Hughes made the
motion to approve preliminary plat on Oaks III and Oaks IV, seconded
by Percy Simmons. All in favor.
PRELIMINARY PLAT ON OAKS RETAIL: Councilman Cleo Adams made the
motion to approve preliminary plat on Oaks Retail , seconded by
Percy Simmons. All in favor.
FINAL PLAT FOR SOUTH SECOND STREET: Approval of final plat for South
Second Street Addition was tabled after Planning & Zoning recom-
mended changes to this plat. Motion was made by Councilman Percy
Simmons, seconded by Councilman Don Hughes,all in favor.
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APPROVAL FOR PAVING PARK STREET: The approval for paving Park
Street was removed from the agenda at Mr. Joe George's request.
SUBDIVISION REGULATIONS: Mayor Pro Tem John Akin asked for reports
from the two councilmen who attended the meeting with the builders
and developers, also reports from other who were present at this
meeting. Councilman Percy Simmons said the main objection was the
Pre-Application conference with the City Manager before going to
the Planning and Zoning. It was felt that if the last sentence
of Section 4:01 was reworded it would solve the problem. Harold
Spence said the pre-application conference has helped him in setting
up the dates and hearings needed for his Oaks additions. Main
objection to this pre application was the builders and developers
felt they could be turned away before they were even given a chance
to bring a new subdivision into the City limits. Bryant Barry
would like to see the last sentence reworded as:
"a written record of the discussion and it's conclusions be placed
in a file. Would not be binding, just starting a file for the
procedures for the new division. "
It has also been suggested that the City make up and put together
a booklet in a step by step method and procedure of how to annex
and start a new subdivision City Manager, Lee Vickers said it
was the City's plans to have such a book for anyone that want it.
There would be a small charge on this book and we would have
approximately 1,000 copies for the builders, developers or anyone
interested in reading it.
On page six of the subdivision regulations, Section 4:02 C -
should read to sell portion of property therein instead of to sell
property.
On page seven, Section 4:02 F 5, second paragraph should read all
City utilities are installed and approved by the City Staff instead
of all utlities are installed and approved by the City. Also on
page seven, Section 4:03 Preliminary Plat, there was a question
brought up about the fifteen day notice being given to the City
Secretary before the plats come before the Planning and Zoning.
After a long discussion, the fifteen days stays the same. If it is
lowered to 10 days, there is a problem of getting everything done
in time for all meetings. Therefore the fifteen days was left in.
On page 11 Section 4:04 Final Plat second paragraph should reach
filed with the City Secretary instead of City Manager. Also on the
same page, would like to delete the fourth and fifth paragraphs.
On page fifteen, section 4:04 R, should be revised to read sub-
division within the extra territorial jurisdiction of the City.
On page seventeen, Section 5:02 Alleys, B. Should read when feasible
alleys shall be etc. , instead of reading alleys shall be ect. �^►
On page twenty, Section 6 6:02, B. 1--- the word adjacent close
to the end of the first paragraph needs to be changed or made clearer.
The Builders and Developers feel this would mean any street close
to the developemnet they were putting in would have to be repaired
or paved along with their developement. Paragraph three of Section
('t
6:02 B-1, the word proctor needs to be added between standard
density, so as to read standard proctor density.
On page 23, Section 6:02, D. 5, the height of above the gutter should
be four (4) inches instead of six (6) inches. Also on this page,
Section 6:03 - Sidewalks, the following sentence needs to be added:
"Sidewalks will be constructed by the builders and will be included
in their building permits. Builders may do the sidewalks after
their slabs and driveways have been poured.
On page thirty-seven, Section 6:07, D the word feasible should be
used instead of the word possible and the word or instead of, alleys
or easements. If there is no alley in the subdivision,, the sewer
should be on the opposite side of the street from the water mains.
On page thirty-seven, Section 6:07, H the first and second paragraphs
should be combined as follows:
Force mains may be ductile iron pipe, miniumum thickness Class 50,
with rubber gasket joint, and shall have a cement mortar lining
with a seal-coat of bituminour material , or a polyethylene lining.
Also, force mains may be constructed of polyvinyl chloride (PVC)
pipe as required for water mains described in Section 6:06,
Paragraph F. l, and where adequate provisions are made for the
adequate embedment of the pipe.
On page forty-two, Section 8 - Maintenance Bond-- the Builders and
Developers feel that there should be a choice of a bond or escrow
account. If there is an escrow account the developers will be making
interest on the money instead of it just sitting in a bond and
drawing no interest. This escrow account or bond would be esta-
blished for the safety and up keep of the water and sewer mains and
paving of the streets in each subdivision.
Mr. J. T. Dunkin was present to give a better explanation of the scope
of the committee work and duties. The duties of the Zoning Board
of Adjustment are there only when there is a hardship brought about
or when the Planning and Zoning Commission feels there is a problem
and they cannot do justice with the plans before them. The purpose
of the Board of Adjustments is set up in the frame work of the
zoning laws of the state. The Zoning Board of Adjustments may allow
a variance for a parcel of land or property which has an odd shape
or does not have the required area for the planned use. The Board
of Adjustments is independent and does not answer to the Planning
and Zoning Commission or to the City Council . Mr. Duncan made the
remark that the Zoning Board of Adjustments and the Planning and
Zoning is like day to night. Board of Adjustment can do nothing on
zoning a property. The Board of Adjustments can interpret, but
can not change an ordinance. They can made a recommendation to the
City Council , or Planning and Zoning Commission in reference to an
ordinance but they do not have any power to change one. Mr. Dunkin
pointed out that the Board of Adjustments is there in case of a variance
or property needing approval for zoning or building it is a
"Quasi-Judicial" body, like a court.
The question was also asked of Mr. Dunkin, why does the City have
to annex property into the City with Agricultural zoning? The
reason is because it was set up and adopted that way in our Zoning
Ordinance, Section 4: 101, and it allows the property to continue to
be used for agriculture.
Planning and Zoning Commission requested formal approval from the
City Council for the Planning and Zoning Guidelines. I. W. Santry
requested a work session on the guidelines before adopting them.
Planning and Zoning: Bryant Barry made the motion to adjourn
Planning & Zoning, seconded by Art Harris, all in favor.
City Council
Paving of Park Street: Councilman Don Hughes made a motion to table
the item number 4 on the agenda until the June 14th meeting. Seconded
by Councilman Percy Simmons. All in favor.
Councilman Percy Simmons made the motion to adjourn, seconded by
Councilman Don Hughes, all in favor.
obert S .res, Mayor
ATTEST:
aro o s ity Secretary