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.
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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.
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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.
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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
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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
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