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08-11-1998 (City Council) Minutes MINUTES Wylie City Council August 11, 1998 Call to Order Mayor John Mondy called the City Council Meeting to order,August 11, 1998 at 7:00 p.m. with the following Councilmembers present:Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young,J.C. Worley, and Chris Trout. Staff members present were:Mike Collins,City Manager,Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director;Jack Jones,Public Works Superintendent; Tobin Maples,Planning Director and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the invocation. Pledge of Allegiance Councilman Young was asked to lead the Pledge of Allegiance. Consent Agenda A. Approval of the Minutes from Special Called Meetings of July 7, 21, and 23 and Regular Meeting of July 14, 1998. The following corrections were made to the minutes. The minutes of July 14,page 3, Councilman Scott requested a correction to change Mayor Pro Tem to"Worley". Mayor Pro Tern Worley requested that the Minutes of July 23 indicate that he was absent and did not vote. Councilman Trout asked that the Minutes of July 14 be corrected to reflect that Mayor Pro Tern Worley seconded Item No. 6. With the noted corrections, Councilman Scott made a motion to Approve the Minutes from Special Called Meetings of July 7,21,and 23 and Regular Meeting of July 14, 1998. Councilman Trout seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Items for Individual Consideration Mayor Mondy moved to Item 6 on the Agenda. 6. Consider and Act Upon All Matters Incident and Related to the Issuance and Sale of $1,600,000 Tax Notes, Series 1998, Including the Adoption of an Ordinance Authorizing the Issuance of Such Notes. Mr.David Medanich,First Southwest,addressed this item. Mr.Medanich advised that the bids for the Tax Notes were publicly opened and read at the offices of First Southwest. Mr. Medanich stated that 11 bids were received and the low bid was First Southwest at 4.39195%. He stated the bid would be reviewed for accuracy and if all was in order,recommended approval. There was some discussion regarding the upgraded bond ratings and how it could be favorable to the City in the future. Wylie City Council Minutes August 11,1998 Page 1 Councilman Trout made a motion to act upon All Matters Incident and Related to the Issuance and Sale of $1,600,000 Tax Notes, Series 1998,including approve the Adoption of an Ordinance Authorizing the Issuance of Such Notes. Mayor Pro Tern Worley seconded the motion. A vote was taken and the motion passed unanimously,7-0. The Ordinance was then read into the record. ORDINANCE NO.98-22 AN ORDINANCE AUTHORIZING THE ISSUANCE OF"CITY OF WYLIE,TEXAS,TAX NOTES,SERIES 1998";SPECIFYING THE TERMS AND FEATURES OF SAID NOTES;LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID NOTES; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE,SALE,PAYMENT AND DELIVERY OF SAID NOTES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO;AND PROVIDING AN EFFECTIVE DATE. 1. Consider and Act Upon an Appointment of an Ad Hoc Member to the Planning and Zoning Commission. Ms.Mindy Manson addressed this item. Ms. Manson stated that Council had been provided with recommended names of those willing to serve as an Ad Hoc Member to the Planning and Zoning Commission. Ms. Manson stated this appointment was necessary to allow the Planning and Zoning Commission to function as the Impact Fee Advisory Committee,as State Law allows. The void was created with the resignation of Mr. Ray Capley who represented the Developers/Real Estate/Building Community. Ms. Manson advised Council that this member would only serve as a member when the Planning and Zoning acted as the Impact Fee Advisory Committee. Councilwoman Allen made a motion to Appoint Mr. James Blakey as an Ad Hoc Member to the Planning and Zoning Commission. Councilman Scott seconded the motion. Before the second was recorded, Mayor Pro Tern Worley asked that Council be given more time to consider an appointment. Councilwoman Allen then withdrew her motion. Staff informed Council that State Law did not have a requirement of residence in order to serve as on the Impact Fee Advisory Board. Mayor Pro Tem Worley made a motion to Table the item for further consideration until the next regular meeting. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 2. Consider and Act Upon an Ordinance Amending the Comprehensive Zoning Ordinance No. 85-23A of the City of Wylie, Texas by Amending Section 35 to Provide for Regulations of Posting Property for Zoning Changes. Tobin Maples,Planning Director, addressed this item. Mr. Maples displayed to Council a zoning change sign, as proposed. Council had concerns regarding the prompt removal and who would incur the cost for the signs. Mr.Maples assured Council that the signs would be removed within a 10 day period, and that the cost for signs is included as a part of the application fee. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response, the Mayor then closed the Public Hearing. Wylie City Council Minutes August 11,1998 Page 2 Mayor Pro Tern Worley made a motion to Approve an Ordinance Amending the Comprehensive Zoning Ordinance No. 85-23A of the City of Wylie, Texas by Amending Section 35 to Provide for Regulations of Posting Property for Zoning Changes. Councilman Trout seconded the motion. A vote was taken and the motion passed unanimously,7-0. The ordinance was then read into the record. ORDINANCE NO 98-23 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO 85-23A OF THE CITY OF WYLIE,TEXAS,BY AMENDING SECTION 35 TO PROVIDE FOR REGULATIONS OF POSTING PROPERTY FOR ZONING CHANGES;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. 3. Consider and Act Upon a Request from R. Richard Parker for Approval of a Zone Change from A (Agricultural) to B-2 (Business) for the Property Generally Located Across the Street from the High School Along the North Side of FM 544 Between FM 1378 and Sanden Blvd., and Being All of a Certain 6.134 Acre Tract out of the J. W. Curtis Survey, Abstract No. 196 and the Michael Millron Survey, Abstract No. 563, City of Wylie, Collin County, Texas. Mr. Tobin Maples, Planning Director addressed this item. Mr. Maples gave an overhead presentation of the proposed property and described the surrounding zoning. Mr. Maples stated that staff mailed nine(9)public comment forms to property owners within 200 feet of the request and received one(1) in support of the request. Mr. Maples explained that per applicants request, Council voted unanimously to withdraw the case as the applicant indicated that he would like to request B-2 instead of I(Industrial). Mr. Maples explained that the Comprehensive Plan recommends industrial for the property and the proposed zoning and land uses are compatible with the Comprehensive Plan as uses permitted within the B-2 zoning district are less intensive than those permitted with the Industrial. Mr.Maples concluded that at the July 6, 1998 Planning and Zoning Meeting, the Commission voted unanimously to favorably recommend this case and that staff recommends approval. Mr. Maples was then available for questions from Council. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. Mr. Richard Parker,applicant,came forward and stated that his case comes before Council with the full support of the Planning and Zoning Commission and would appreciate Council's support as well. The Mayor then asked that anyone who wished to speak in opposition of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then closed the Public Hearing. Mayor Pro Tern Worley made a motion to Approve a Request from R. Richard Parker for Approval of a Zone Change from A(Agricultural)to B-2 (Business)for the Property Generally Located Across the Street from the High School Along the North Side of FM 544 Between FM 1378 and Sanden Blvd., and Being All of a Certain 6.134 Acre Tract out of the J.W. Curtis Survey,Abstract No. 196 and the Michael Millron Survey,Abstract No. 563,City of Wylie,Collin County,Texas. Councilman Ramsey seconded the motion. A vote was taken and the motion passed unanimously, 7-0. The ordinance was then read into the record. City Council Minutes August 11,1998 Page 3 ORDINANCE NO.98-24 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,AS HERETOFORE AMENDED,SO AS TO CHANGE THE ZONING ON HEREINAFTER DESCRIBED PROPERTY TO B-2 BUSINESS DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. 4. Consider and Act Upon a Final Plat for Mill Creek Estates, Replat of Lots 1 & 15, Block A, Proposed by Richard and June Nance, Generally Located at the Southeast Corner of Forest Edge Drive and Brentwood Drive and Being all of Lots 1 and 15, Block A, of the Mill Creek Estates Addition, City of Wylie, Collin County, Texas. Mr. Tobin Maples, Planning Director addressed this item. Mr. Maples gave a description of the zoning of surrounding the proposed property. Mr. Maples stated that after review of the plat, it is in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. Mr. Maples stated that due to the fact that the proposal under consideration is a replat of an existing subdivision zoned for residential uses, state law mandates that the City notify property owners within 200' and hold a public hearing prior to taking action. Public Comment Forms were mailed to thirteen (13) property owners as required by state law. No Public Comment Forms have been returned. Mr.Maples concluded that at the July 6, 1998,Planning and Zoning Commission meeting,the Commission voted unanimously to favorably recommend this case. Mr.Maples was then available for questions from Council. Mr. Maples added that the applicant, Mr. Nance, was unable to make this evenings meeting due to a prior commitment. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response, the Mayor then closed the Public Hearing. Councilman Scott made a motion to Approve a Final Plat for Mill Creek Estates,Replat of Lots 1 & 15, Block A,Proposed by Richard and June Nance, Generally Located at the Southeast Corner of Forest Edge Drive and Brentwood Drive and Being all of Lots 1 and 15,Block A, of the Mill Creek Estates Addition,City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 5. Consider and Act Upon a Request from Tipton Engineering for Birmingham land, Ltd., for Approval of a Zone Change from R(Retail), B-1 & B-2 (Business), MF (Multifamily), 2F(Two Family), SF-A(Single Family Attached), SF-1, SF-2 & SF-3 (Single Family) to PD (Planned Development)for SF-3 (Single Family), SF-PD (Single Family - 6,000 sq. ft. lots), R (Retail), and MF (Multifamily) for the Property Generally Located at the Northeast Corner of FM 1378 and Brown Street, and Being All of a Certain 640.2 Acre Tract out of the D.W.Williams Survey,Abstract No. 1021,the Charles Atterbury Survey, Abstract No. 2, the J.C. McUlmurray Survey,Abstract No. 629, and the Mercer Phelan Survey, Abstract No. 695, City of Wylie, Collin County, Texas. City Council Minutes August 11,1998 Page 4 Mr. Tobin Maples, Planning Director addressed this item. Mr. Maples gave an overhead presentation of the zoning surrounding the proposed property. Mr. Maples stated that Public Comment Forms were mailed to fifty- eight(58)property owners within 200 feet of the request and that two(2)Public Comment Forms in opposition and one(1)Public Comment Form in support of the request have been returned. The opposition represents 3% of the property within 200 ft. Mr.Maples stated that the Comprehensive Plan recommends Single Family Residential,Multifamily, Retail, and Park/Open Space uses for the property. Mr.Maples stated that staff is of the opinion that the Concept Plan under consideration does not meet the intent of the Comprehensive Plan as the minimum single family residential lot size permitted by zoning is 7,200 square feet. Also,the majority of the open space being proposed is located within the 100 year flood plain. Mr. Maples explained that according to Article IV (Parkland Dedication), Section 78-111 of the Code of Ordinances, areas primarily located within the 100 floodplain are considered unsuitable for dedication. As a result,the proposal under consideration may not comply with the City's Master Parks and Open Space Plan and parkland dedication requirements. Mr.Maples explained the specific variances' to the single family residential development standards. He stated that the applicant is proposing a master planned community encompassing approximately 1,736 detached single family residential units. The minimum lot size being proposed on 770 of the single family lots (44%) is 6,000 square feet. The minimum house size being proposed on said 770 lots is 1,400 square feet. The minimum lot and house size permitted within the SF-3 district are 7,200 square feet and 1,100 square feet respectively. Mr.Maples explained the additional reductions of the single family residential area requested on the 6,000 square foot lots and stated that the applicant has proposed a minimum dwelling size of 1,400 square feet for the 6, 000 and 7,200 square foot lots. The minimum dwelling size permitted within the SF-3 district is 1,100 sq. ft. The applicant has proposed a minimum dwelling size of 1,600 square feet for the 8,500 square foot lots. The minimum dwelling size permitted within the SF-2 district is 1,500 square feet. Mr. Maples described Specific variances' to the multifamily residential development standards. The applicant is proposing 26.63 acres of multifamily use with a minimum dwelling size of 900 square feet. The minimum size for a three bedroom unit in the MF(Multifamily)zoning district is 1,000 square feet. Staff recommends that the applicant clarify whether or not the proposal under consideration incorporates three bedroom units that comply with the City's minimum 1000 square foot requirement. Mr. Maples described specific variances' to the Master Thoroughfare Plan. The Master Thoroughfare Plan indicates that the northern extension of Westgate(Collector Street)traverses this property from Brown Street to Park Boulevard. The Concept Plan under consideration does not provide for said extension of Westgate. Mr. Maples stated that the applicant is aware that the property must be platted prior to the issuance of any building permits. Mr. Maples stated that at the July 27, 1998, Parks Board meeting,the Board voted unanimously to accept the conceptual park land dedication and at the July 20, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously(6-0)to recommend denial of this case,Commissioner Ahrens abstained. There was some discussion regarding the existing tank located on the proposed property and who would assume responsibility. Mr. Maples stated that the applicant may be able to clarify and that it may be proposed that the homeowners maintain responsibility for those areas. Council also expressed concerns regarding the flood plain. Mr. Maples explained that it is procedure that during the platting process,with zoning approval,the applicant would be required to show engineering plans as to how they would remove the water on and off the property without effecting surrounding property owners. City Council Minutes August 11,1998 Page 5 Mr.Pat Atkins,representing the applicant Birmingham Land Limited, addressed Council. Mr. Atkins asked that Council allow him to return to Planning and Zoning with a plan acceptable to all. He suggested meeting with the Commission,City Staff and Council to develop what would be an acceptable development plan. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. With no response, the Mayor then closed the Public Hearing. The Mayor suggested that Mr.Atkins visit with the Consultants the City has hired to review our Comprehensive Plan as well as the Planning and Zoning Commission and City Staff in order to come up with a workable solution. Mr. Maples advised that it may be 2-3 months before the Committee addresses Land Use issues, and that discussions regarding specific cases could delay the process. Councilwoman Allen made a motion to table the Request from Tipton Engineering for Birmingham land, Ltd.. for Approval of a Zone Change from R(Retail),B-1 &B-2(Business),MF(Multifamily),2F (Two Family), SF- A(Single Family Attached),SF-1,SF-2& SF-3 (Single Family)to PD(Planned Development)for SF-3 (Single Family),SF-PD(Single Family-6,000 sq. ft. lots),R(Retail), and MF(Multifamily)for the Property Generally Located at the Northeast Corner of FM 1378 and Brown Street, and Being All of a Certain 640.2 Acre Tract out of the D.W. Williams Survey, Abstract No. 1021, the Charles Atterbury Survey, Abstract No. 2, the J.C. McUlmurray Survey,Abstract No. 629,and the Mercer Phelan Survey,Abstract No. 695,City of Wylie, Collin County,Texas. Councilman Ramsey seconded the motion. A vote was taken and the vote passed unanimously. 7-0. 7. Consider and Act Upon an Appointment of an Additional Member to the Comprehensive Plan Advisory Committee. Mr. Collins stated that staff had inadvertently omitted the name of Mr. Kevin St. John from the list of names originally submitted. Councilman Ramsey made a motion to Appoint Mr. Kevin St. John to the Comprehensive Plan Advisory Committee. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 8. Consider and Act Upon Accepting the Proposed Ad Valorem Tax Rate and Calculation of an Effective Tax Rate for Fiscal Year 1998/99. Mr. Snellgrove addressed this item. Mr. Snellgrove stated that in accordance with the"Truth-in-Taxation"laws of the State of Texas,notices must be published and a public hearing must be held if an entity's proposed tax rate will raise more revenue (tax levy) than the preceding year. Therefore, the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven(7)days prior to the first scheduled public hearing on September 8th. Mr. Snellgrove explained that the purpose of the first public hearing is to give the taxpayers an opportunity to express their views on the increase. He stated that the Council may not adopt the tax rate at this hearing, but at the end of the hearing, Council must set and announce the date,time, and place of the meeting at which it will vote on the final proposed tax rate. City Council Minutes August 11,1998 Page 6 Mr. Snellgrove stated that the second public hearing on September 22nd to vote on the tax rate must take place no less than three(3)days and no more than fourteen(14)days after the first public hearing. Mr. Snellgrove stated that Council's action this evening would set this process in motion. Councilman Scott made a motion to Accept the Proposed Ad Valorem Tax Rate and Calculation of an Effective Tax Rate for Fiscal Year 1998/99 and call for the first Public Hearing on September the 8, 1998. Councilman Young seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Staff Reports Mr. Jack Jones addressed Council and gave an update on the water distribution system. Mr. Jones gave comparison figures from 10:00 p.m. on August 2 and 10:00 p.m. on August 9, 1998. Mr. Jones reported a 5% increase in water level which computes to 16,000 gallons at the South Ballard water tower; a 10%increase.or 75,000 gallons,at the new tower on Dexter Court and an 8%increase at the million gallon storage tank at Nortex Nursery on Brown Street. Mr.Jones stated that the public's awareness has contributed to the surplus of our water supply. Mr.Jones explained that the conservation efforts are necessary to avoid water main breaks. He stated that to date we have had 7 main breaks,and explained how the dry weather and additional pressure of water usage can cause added pressure on the saddles and cause a water main break. Mr. Jones stated that with the dry weather continuing,he recommends that we continue our conservation program for approximately 30 days. Councilman Scott commended staff for bringing forth the situation with the saddles and correcting thereby preventing additional problems. Mr.Brady Snellgrove stated that the bids would be opened on August 12 at 2:00 p.m. for the depository contract and that staff is interviewing for Assistant Finance Director this week. Ms. Manson stated that with regard to the water conservation efforts, flyers were distributed on Friday and Saturday and staff has not received many calls from upset citizens,but primarily from those wanting clarification. Ms.Manson stated that staff should hear news with regard to the grant application from Parks and Wildlife and will keep Council informed. The Mayor commended city staff for their fund raising efforts for Kid Zone, and that the Schools are anxious to distribute information to the children in the Wylie School District. Citizen Participation Ms. Sally Moore,410 N.Jackson-Ms.Moore had concerns regarding the condition of the property at 413 North Jackson. Ms.Moore was concerned that her repeated complaints to city staff members have not been responded to in a timely manner. She stated that she feels the property is health and safety concern and violation of many city codes. She stated that Mr. Maples did visit the property today. Mr. Maples advised Council that he was looking into the situation and would keep Council informed. The Mayor then recessed for five minutes to reconvene into Worksession. City Council Minutes August 11,1998 Page 7 Worksession Comprehensive Code Enforcement Program Ms.Manson,Assistant to the City Manager,presented to Council the Comprehensive Code Enforcement Program to be implemented by City Staff Ms.Manson presented the Goals and Objectives of the Program and described the elements of Comprehensive Code Enforcement. There was discussion regarding enforcement and specific code violations. Ms. Manson concluded that with Council's approval, Staff would now begin the process of developing specific procedures to implement the Program. Executive Session The Mayor adjourned into Executive Session at 9:20 p.m. in accordance with Chapter 551,Government Code, Vernon's Texas Codes Annotated(Open Meeting Law.) Section 551.071 Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter,and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad; and Sections 551.071 Consultation with City Attorney; 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway; and Section 551.074,Personnel Matters,Review of City Manager's Performance Reconvene into Open Meeting There was no action taken as a result of the Executive Session. Adjournment. As there was no further business to come before the Council,the meeting was adjourned. John Mo , Mayor Attest: SE r ara A. Salin s ity Secretary City Council Minutes August 11,1998 Page 8