03-25-1997 (City Council) Minutes Minutes of the Wylie City Council
March 25, 1997
CALL TO ORDER
Mayor Jim Swartz called the Special Called City Council Meeting to order, March
25, 1997 at 7:00 p.m. with the following Councilmembers present: Wanda Sparks, Cleo
Adams, Joel Scott, Reta Allen, John Mondy and J. C. Worley. Staff members present
were: Mike Collins, City Manager, Mindy Manson, Assistant to the City Manager, Susan
Shuler, City Secretary, Mike Phillips, Director of Community Development, Brady
Snellgrove, Finance Director, Bill Nelson, Parks and Recreation Superintendent and
Kelley Shaw, City Planner.
CONSENT AGENDA
1) Consider Approval of Minutes for March 11, 1997
2) Consider Approval of Work Order No. WYL-19 Authorizing the Hogan
Corporation to Proceed with the Paving and Drainage Improvements Along Kreymer
Lane
3) Consider Approval of Work Order No. WYL-20 Authorizing the Hogan
Corporation to Proceed with the Paving and Drainage Improvements Along
Cottonbelt Avenue
4) Consider Approval of Work Order No. WYL-21 Authorizing the Hogan
Corporation to Proceed with the Paving and Drainage Improvements Along Alley
Between Briarwood and Dogwood Streets and Alley Between Dogwood Street and
Woodhollow Lane
5) Consider Approval of an Ordinance Adopting a New Code of Ordinances for the
City of Wylie Published by Municipal Code Corporation
ORDINANCE NO. 97-5 ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF
WYLIE, TEXAS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF;
PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN
SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
Minutes of the Wylie City Council, March 25 1997, Page 1
6) Consider Approval of an Ordinance Declaring the Unopposed Candidates for the
May 3, 1997 Municipal Election as Elected to Office and Canceling the May 3, 1997
Municipal Election
ORDINANCE NO.97-6 CANCELING THE ELECTION SCHEDULED TO BE HELD MAY 3,
1997,FOR THE PURPOSE OF ELECTING THREE(3) MEMBERS,(PLACE NOS. 1, 3 AND
5),TO THE CITY COUNCIL; DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO
OFFICE; ORDERING THE POSTING OF THIS ORDINANCE AT CITY HALL AND AT THE
POLLING PLACES ON ELECTION DAY; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE
Mondy asked that Item 2 be pulled from the Consent Agenda.
Adams made the motion to approve the Consent Agenda Items 1,3,4,5,and 6 and
Scott seconded the motion. The motion was voted on and approved unanimously.
ACTION ITEMS
Approval of Work Order No. WYL-19 Authorizing the Hogan Corporation to Proceed
with the Paving and Drainage Improvements Along Kreymer Lane
Mondy asked if the $35,750 for the engineering costs, advertizing and general
review of construction would also cover any design costs for the Wylie Ranch East Estates
drainage and paving costs. Collins stated the purpose of the Work Order would allow for
the engineering design work to be completed in order to issue as alternate bids to the
Kreymer Lane Bond Program. Collins stated this would allow the engineering design to
be completed on the drainage and sewer projects on Donna and Callie and when the
contractors let their bids this area could also be included. He said this would also include
Donna and Callie. He said what this is not doing is committing the City to the cost of the
drainage and sewer improvements to the Donna and Callie Lane but allowing for the study
on these streets.
Mondy made the motion to approve the Work Order No. WYL-19 authorizing the
Hogan Corporation to proceed with the Paving and Drainage Improvements along Kreymer
Lane. Allen seconded the motion. The motion was voted on and passed unanimously.
Acceptance of the Comprehensive Annual Financial Report for Fiscal Year 1995-
1996
Dale Snider with Pattillo, Brown and Hill gave an overview of the Audit Report. He
stated that the audit was made for the purpose of forming an opinion on the general
purpose financial statements taken as a whole and that the audit was conducted in
accordance with generally accepted auditing standards. He also stated that there were
-.. no instances where the City did not comply. Snider also stated that on pages 24 and 25
was the report on the Wylie Economic Development Corporation.
Mondy had several questions about the CAFR on pages 12, 26, 28, 29, 43, 47, 64,
Minutes of the Wylie City Council, March 25 1997, Page 2
65, 137 and 156 and Snellgrove answered the questions to Mr. Mondy's satisfaction.
Scott made the motion to accept the Comprehensive Annual Financial Report for
Fiscal Year 1995-1996. Allen seconded the motion. The motion was voted on and
approved unanimously.
Approval of a Resolution the Week of April 5 through April 13, 1997 as Clean Up
Green Up Week and Declare April 5 as Clean Up Green Up Day
Nelson gave an overview of the Clean Up Green Up Week. He stated that the
dumpsters will be set up at Community Park from Saturday, April 5 to Sunday, April 13,
1997 for citizens to bring, free of charge, their trash and tire recyclables. He also stated
that a free pick up service would be provided for Senior Citizens and Physically
Challenged Citizens. Nelson said that on Saturday, April 5 volunteers will gather to pick
up trash on area streets and highways. He said that food, music and prizes will be
available for the volunteers. He said the Keep Wylie Beautiful Board will place lottery
scratch off tickets in plastic bags and place in them in the clean up areas.
Scott made the motion to approve a resolution designating the week of April 5, 1997
as Clean Up and Green Up Week. Adams seconded the motion. The motion was voted
on and passed unanimously.
RESOLUTION NO.97-5 DESIGNATING THE WEEK OF APRIL 5, 1997 AS CLEAN UP GREEN UP
WEEK
Approval of a Resolution for the Participation in a Coalition of Cities for a Cable Rate
Study and Authorize the City Manager to Enter into an Agreement with the Coalition
Manson gave an overview of the Coalition and the reasons behind forming the
Coalition. She stated that several cities in the metroplex have come together to form a
coalition in order to hire C2 Consulting Services to evaluate the rate structure of TCI
Cablevision. She said those cities in the coalition include: Bedford, Cedar Hill, Colleyville,
DeSoto and Flower Mound. Manson stated that the scope of services by the consultant
include: an assessment of the completeness of the filings submitted to the member cities;
an assessment of the operator's determination of costs; an assessment of the operator's
application of the various FCC instructions, tables and formula; an assessment of the
operator's compliance with various FCC rulings related to the provision of basic service
and installation and equipment related activities; and an assessment of the
reasonableness of any estimation or allocation methodologies employed by TCI to
determine the costs to be recovered within each of the Cities' franchise areas.
Swartz asked if the consultant will check the rate per our dollar for the stations that
are received? Manson stated that a list of channels are provided and they will do a
comparison. Adams asked when the TCI contract expires? Manson stated there was
about 17 years left on the contract.
Minutes of the Wylie City Council, March 25 1997, Page 3
Scott made the motion to approve a resolution fo the participation in a Coalition of
Cities for a Cable Rate Study and authorize the City Manager to enter into an agreement
with the coalition not to exceed $1,000. Worley seconded the motion. The motion was
voted on and was approved unanimously.
RESOLUTION NO. 97-4 AUTHORIZING THE PARTICIPATION OF THE CITY OF WYLIE IN A
COALITION WITH OTHER SERVICE AREA CITIES OF TCI CABLE FOR THE PURPOSE OF RATE
REGULATION AND OTHER SERVICE MATTERS CONCERNING TCI CABLE TELEVISION; AUTHORIZING
THE EXECUTION OF THE COALITION PARTICIPATION AGREEMENT; AUTHORIZING THE COALITION'S
SERVICE AREA CITIES TO RETAIN A CONSULTANT TO INITIATE A RATE REVIEW OF TCI CABLE.
Public Hearing and Consider an Ordinance Approving the Zone Change Request
from Jan Morgan for Approval of a Zone Change from "MF" Multi-Family to "2-F"
Residential District located at 102 S. Fourth Street, Lot 1, Block 22 of the Railroad
Addition
Shaw stated that David and Jan Morgan were requesting that the property's zoning
classification be changed from "ME' Multi-Family to "2F" Two Family Residential District.
He stated that the property had been condemned and the previous structure was
demolished. He said the Morgan's had recently purchased the property. Shaw said that
the proper notification had been sent to property owners within 200 feet of the property.
He said four favorable responses had been received. He also stated that the Morgan's
�-` had received a variance from the Zoning Board of Adjustments due to the lot size
requirement being 80' and this lot size was 60'.
Mayor Swartz opened the public hearing to those in favor of the zone change
request.
David Morgan, 306 Dogwood Ct. - He stated they were requesting the zone
change for a duplex. He said that one unit would be about 1100 square fee and the other
unit would be about 1200 square feet.
With no other comment, Mayor Swartz closed the public hearing to those in favor
of the zone change request.
Mayor Swartz opened the public hearing to those opposed to the zone change
request. With no opposition, the public hearing was closed.
Allen made the motion to approval an ordinance approving the zone change
request from Jan Morgan for approval of the zone change from "ME" to "2F" located at 102
S. Fourth Street. Adams seconded the motion. The motion was voted on and approved
unanimously.
ORDINANCE NO.97-7 AMENDING THE ZONING CLASSIFICATION OF LOT 1, BLOCK 22 IN THE
RAILROAD ADDITION, IN THE CITY OF WYLIE,COLLIN COUNTY,TEXAS,GENERALLY LOCATED AT
102 S. FOURTH STREET, FROM "MF" MULTI-FAMILY DISTRICT TO "2F"TWO FAMILY RESIDENTIAL
DISTRICT; AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 85-23A);
Minutes of the Wylie City Council, March 25 1997, Page 4
AMENDING THE ZONING DISTRICT MAP(ORDINANCE 91-12,ORDINANCE 91-13);AND REPEALING ALL
CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE E DATE
Public Hearing and Consider an Ordinance Approving the Zone Change Request
from Richard Parker for Approval of a Zone Change from "A" Agriculture to "MF"
Multi Family for a 16.356 Acre Tract of Land Located at the Southwest Corner of
Parker Road and Ballard Avenue and Further Described as the W. D. Penny Survey,
Abstract No. 696, Tracts 33 and 33-9
Shaw gave an overview of the zone change request made by Richard Parker to
zone the property from agriculture to multi-family. He stated that the Comprehensive
Plan is designed to provide direction in regards to this type of major development issue.
He also said that the Comprehensive Plan's purpose is to provide a general blueprint for
future growth and development of Wylie. He also stated that there was a bare boned
traffic study done on the area. Shaw said that the Planning and Zoning Commission met
on February 17, 1997 the Planning and Zoning Commission met to consider this item and
the vote was a tie. The Planning and Zoning tabled the item until March 3, 1997. He said
the Planning and Zoning Commission then met again on March 3, 1997 to reconsider the
issue, again with the vote ending in a tie. He said Mr. Parker stated that he would prefer
to get the matter before Council and to remedy the split vote, he requested they deny the
request. Shaw said the new vote was taken a the request was denied by a unanimous
vote of 6-0. He also explained that due to the denial by P&Z, a three-fourths majority vote
by the City Council shall be required for approval.
Mayor Swartz opened the public hearing to those in favor of the zone change.
Richard Parker - He gave an overview of the project that he has planned. He is
proposing to build about 160 units on 12 acres of property. He plans to build 40 units at
a time until the 160 units are built out. He said the property is buffered by a 250' strip
owned by Texas Utilities. He said his property is not adjacent to any city property and the
buffer zone would be for the residential section to the South. Parker stated that the new
standards for the multi family will be very strict and that these apartments will be built to
those standards. He stated that he had prepared a financial statement for the City to
indicate what the property will be worth with the apartments on the property. He stated
that this area would be a gated community. He also stated that the apartments would rent
for about $700 for a two bedroom.
Rita Smith, 401 N. Ballard - She is in favor of this zone change. She also stated
that she would like to one day have a nice place to live without the upkeep. She said that
the traffic is a fact of life. Smith said to stop this project would stifle the growth.
Mayor closed the public hearing for those in favor and opened the public hearing
for those opposed.
Mary Shaddux, 109 Fairmount - She is opposed to this development. She said
the traffic study was done in February and that the lake traffic was not taken in to
Minutes of the Wylie City Council, March 25 1997, Page 5
consideration. She also stated that the schools are overcrowded. She said crime will
come to even a gated community.
Lynn Tuggle, 103 Fairmount - She is concerned about the traffic and the impact
of the road. She said she does not want to see apartments in her neighborhood.
Glen Townsend, 403 N. Winding Oaks - Opposes the change because it would
cause Akin Elementary to be over crowded. She stated that the Code Enforcement Officer
if the apartments fall below code they will issue a ticket to comply and to tie this up in court
would take about one year. He said Akin Elementary is at 83% capacity and he is
concerned that Parker Road will be overcrowded.
David Shaddux, 109 Fairmount - He stated that traffic is a problem and that the
lake traffic was not taken into consideration during the traffic study.
Tim Bagley, 430 Kamber Lane - He opposes the zone change. He said the
property backs up to the back of his property. He stated that this would change the value
of this property.
Emily Segars, 103 Fairmount - She said she was 15 years old and she is
concerned about the traffic and does not want her friends to get hit. She also heard a
convenience store would be nearby and crime would happen. She is a concerned about
the school crowding. She is also concerned about the entrances to Wylie and wants the
corridor to be pretty.
Mary Townsend Scheinoist, 560 Parker - She said the road is dangerous and is
afraid kids will ride bicycles around the traffic. She would like to have figured what taxes
for single family would bring to the City.
Mark Miller, 602 Graham Ct. - He said that he is concerned about the sewer
drainage problems and wants to know what apartments would do to add to the problems.
He said he has been asking for Jack Jones to look at this drainage problem for about one
year.
William Downs, 601 Parker - He stated that the traffic engineer had never been
at the location. He said he talked with the traffic engineer. He also stated that Parker
Road is 24' and the standard street is 50'. He said the traffic study was not worth the
paper it was written on. Mr. Downs stated that the Comprehensive Development Plan was
a thoughtful well thought plan and that the plan was for single family. He said multi-family
should be located along collector streets. He said that this zone change is contrary to the
Comprehensive Plan.
Donna Ellenburg - Mayor read her statement. She is concerned about her son
being in a portable building and wants to know what the are going to do if they add more
Minutes of the Wylie City Council, March 25 1997, Page 6
children in the area.
Pat Meeks, 118 Fairmount - She does not want any more traffic. She was first in
her subdivision. She thinks apartments would be okay the first five years but after that
time it would become a problem. She also stated that the more people you put into a
space, the more chances for crime.
With no other opposition, the public hearing was closed.
Mayor Swartz asked Mr. Parker how many houses he has built in that area? Mr.
Parker replied that he built quite a few.
Mondy made the motion to deny the zone change request. Adams seconded the
motion. The vote was taken and recorded as follows:
Adams - yes
Worley - no
Sparks - yes
Mondy - yes
Allen - no
Scott - no
Swartz - no
Mondy wanted it pointed out that even though the motion to deny was not carried,
a vote of 6-1 was required to approve the zone change request.
Approval of Work Order No. WYL-19 Authorizing the Hogan Corporation to Proceed
with the Paving and Drainage Improvements Along Kreymer Lane
Mondy asked if the $35,750 for the engineering costs, advertizing and general
review of construction would also cover any design costs for the Wylie Ranch East Estates
drainage and paving costs. Collins stated
Mondy made the motion to approve the Work Order No. WYL-19 authorizing the
Hogan Corporation to proceed with the Paving and Drainage Improvements along Kreymer
Lane. Allen seconded the motion. The motion was voted on and passed unanimously.
STAFF REPORTS
Minutes of the Wylie City Council,March 25 1997, Page 7
Collins stated that the City will hold an Informative Meeting the third Thursday of
each month to inform the Citizens of Wylie on updates on the progress of the Kansas City
Southern Railroad.
Collins praised Snellgrove and his staff on the Comprehensive Annual Financial
Report.
CITIZEN PARTICIPATION
There was no citizen participation.
ADJOURNMENT
As there was no further business to come before Council for consideration, the
meeting was adjourned.
Jim Swartz, Ma
Susan Shuler, City Secretary
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Minutes of the Wylie City Council, March 25 1997, Page 8