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07-12-1994 (City Council) Minutes MINUTES OF THE WYLIE CITY COUNCIL JULY 12, 1994 CALL TO ORDER Mayor Swartz called the meeting to order with the following Council members present: Reta Allen, John Mondy, Bobby Jennings, Steve Wright and Cleo Adams. ABSENT: Ortie Messenger CONSENT AGENDA 1. Consider and approve minutes of June 28, 1994 Council Meeting. A motion was made by Steve Wright and seconded by Cleo Adams to approve the minutes as submitted. Motion passed, all in favor (6 votes). PUBLIC HEARING 2. Bold Public Bearing and consider approval of an Ordinance changing the Zoning at 2601 S. Bwy 78 from "MF" Multi-family to "I" Industrial. Troy Miller. owner of Lone Star Foreign Auto Parts at 2601 S. Hwy 78, spoke in favor of the zone change. He wants to make some additions to his building and cannot do that under the current zoning. Also, Council was advised that when Hwy 78 is widened it will take out half of his building and he will not be able to rebuild his business with a zoning of MF. Bart Peddicord, Chairman of the Planning and Zoning Commission, was asked if this area was to be used as Industrial in the Comprehensive Plan or if it was going to go Multi- family. Mr. Peddicord said that he was quite certain that area was for Industrial type uses. A motion was made by Reta Allen and seconded by Steve Wright to approve an Ordinance changing the zoning at 2601 S. Hwy 78 from "MF" to "I". Motion passed, all in favor (6 votes). 3. Bold Public Bearing and Consider approval of a replat of 10.2 acres at 1355 FM 1378. No Council members had any questions. A motion was made by Steve Wright and seconded by Bobby Jennings to approve the replat of 10.2 acres at 1355 PM 1378. Motion passed, all in favor (6 votes). 4. Discuss and consider approval of a Preliminary Plat for the Nance Addition located on Stone Road east of Quail Creek Blvd. Richard Nance addressed the Council about his plans for a new subdivision. He said that he will incorporate his own deed restrictions that will be inclusive in the sale of the lots and will require a minimum of a p. 2 - 2500 sqft home on the lots. There was quite a lot of concern over perimeter street fees and how W.A. Allen would be improved. The City wants W.A. Allen Blvd. extended through to Stone and Richard Nance does not want the extension because it will cut across one of the lots, lessen the acreage. Mr. Nance did have a proposal for the City's purchase of a right-of-way for the extension. Mr. Norwood said that the City would not purchase it and that it would be in the best interest of the subdivision to extend it. Mr. Nance again stated that he did not want W.A. Allen extended and that if the City wanted it that something would have to be worked out. A motion was made by Steve Wright and seconded by Bobby Jennings to table the approval of the preliminary plat for two weeks, until the next Council meeting to allow Mr. Nance and Mr. Norwood to work out the possible purchase of a right-of-way to extend W.A. Allen Blvd. Motion passed, all in favor (6 votes). 5. Hold Public Hearing regarding proposed annexation of seventeen (17) tracts of land surrounded by the City of Wylie but not located within City Limits. Steve Deiter, the City Attorney, advised the Council that the Ordinance states that waste water lines must be within 500 ft. of the property and that the property owner will be responsible for the expense to "hook on". He, also, stated that all properties being annexed do have waste water lines available to them within 500 ft. There are some tracts on Brown that do not but there is no housing on those tracts at this time. -., Tract 3: Mr. and Mrs. Byboth, owner of 1012 E. Brown--tract 3 of the annexation list, spoke about their property. The had many questions about how this would affect them. The big concern was not being able to keep their "country lifestyle". The have several chickens and roosters and were afraid they would be forced to get rid of them if they were annexed due to zoning regulations. Mr. Deiter explained that the annexation did not come with a zoning and that they could keep their roosters. Their other concern was having to tap onto the city sewer system. They have a septic system now that they are very happy with. Mr. Norwood explained that Collin County is in the process of instituting a requirement of those property owners that are within 500 ft. of a sewer line to tie into it and to get off septic systems because of possible ground contamination. They will be given ample time to tie into the system to help the alleviate cost. Tract 4: Mr. Deiter relayed his conversation with Ms. De La Fuente and she spoke against being annexed. She did not want to have to tie into City sewer. Tract 5: Mr. Deiter relayed his conversation with Ms. Freeman and she spoke against being annexed. She also gave Mr. and Mrs. Holt permission to speak on her behalf - Tract 9: Mr. Deiter relayed information he received in a letter from the property owner of P. 3 tract 9. They said that they did not have a problem tying into City sewer but they did not want to pay such high City taxes vs. county taxes. Tract 10: Steve Wright relayed his conversation with Mr. Dowden. He is opposed to being annexed because he just made improvements to his septic system and did not want to forfeit the costs in order to tie into City sewer. Tract 17: Mr Deiter relayed information from Mr. Henry and he, too, is opposed to being annexed. ACTION ITEMS 6. Discuss and consider approval of an Ordinance adopting a maintenance agreement with the Texas Department of Transportation. Mr. Norwood explained that the City is currently working off an agreement that is 30 yrs. old. This is just to update the agreement. It would allow no angled parking for future roads but he said that areas such as Ballard would not be affected. Also, they would revise the map of Wylie. A motion was made by Bobby Jennings and seconded by Reta Allen to approve an Ordinance adopting a maintenance agreement with the Texas Department of Transportation. Motion passed, all in favor (6 votes). 7. Discuss and consider award of bid a provided by grant for demolition/removal of mobile home at Glenn Knoll. Mr. Norwood explained that there were two bids, one for $990 and one for $2400. Council questioned why there was such a big difference in bids. Mr. Norwood speculated that since Melvin St. John was on site that perhaps his bid was lower due to that. A motion was made by Reta Allen and seconded by Steve Wright to award the bid to Melvin St. John for $990 to demolish and remove a mobile home as provided by Grant. Motion passed, all in favor(6 votes). 8. Discuss and consider approval of an Ordinance adopting a contract with Collin County for tax collection. Mr. Norwood explained that this contract of services would be a total turnkey operation and that the costs is all inclusive (ie. postage, mail outs, etc.) There was a concern about a quick turn- around in monies being deposited. Mr. Maun explained that it will still be a fast turn-around. He, also, explained that a modem link-up will allow the City to have direct access to any and all information needed to answer questions to customers calling in to the City. This link-up would not allow the City to make any changes in the information, it would be read-only access. The only reason that customers would need to call McKinney would be for information that had not been updated in the system. They would pursue delinquent taxes along with their "delinquent" P4 attorneys that they have on staff. Services would also include specialized personnel (ie. mobile home liens) that are on staff in Collin County and would be available to the City. A motion was made by Bobby Jennings and seconded by Steve Wright to approve an Ordinance adopting a contract with Collin County to assess and collect taxes. Motion passed, all in favor(6 votes). STAFF REPORTS Steve Norwood advised the Council that the sales tax reports evened out from last month. He, also, said that with the unseasonable rain that he had been swamped with calls and that he was sure the Council members would be, too, as well as Public Works. He said that it was showing the shortcomings of the City's streets and drainage system but that since this was "unseasonable" rain it would not be cost effective to fix. Brady Snellgrove said the new depository agreement was underway with only one problem; the checks for the two main accounts (payroll and the operating account)were received with the same account number on them. They were going to be reprinted at the vendors expense. The transfer of funds would happen next week. CITIZEN PARTICIPATION Richard Albin, of 402 E. Gaston, wanted to approach Council with a problem he is having with Code Enforcement concerning his parking in the grass across the alley from his home. He said that he understood that he was in violation due to the grass area not being an improved surface to park on. He did have a problem, however, with Code Enforcement telling him that his three (3) axle, 18,000 lb. truck was not allowed to even be driven in a residential area, by ordinance. He said that he found ordinances stating that commercial trucks not over 25 ft. long are allowed to park in residential zones on the owners property or with the owners consent. He feels that the ordinances are in direct conflict. He, also, said that he has the owners consent, Mr. Don Kreymer, to park on that land. Wayne Morman, the Code Enforcement Officer, stated that Mr. Albin was not being charged with parking a commercial vehicle but with driving an oversized vehicle, which is two separate issues. Council requested that there be a two weeks delay in enforcement of the ordinance for Mr. Albin while any conflict of ordinances can be researched by Mr. Deiter, the City Attorney, for clarification. P. 5 ADJOURN INTO WORK SESSION With no other issues to discuss, Council adjourned into work session. Respectfully Submitted: l PrilOor,'Jim S a e4Y---- l' (A.(---).,c 1, k-- (- , '.(,(,.) I -\ Kirsten Fresh Community Development Secretary 9uluttnute! r ° v/1, ,,,, a