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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 ''' x 1 r3A, Minutes of the Wylie City Council, March 25 1997, Page 8