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10-13-1998 (City Council) Minutes MINUTES Wylie City Council Tuesday, October 13, 1998 - 7:00 p.m. Wylie Municipal Complex-Council Conference Room 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday, October 13, 1998 at 7:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen,Merrill Young and Chris Trout. Mayor Pro Tern Worley and Councilman Ramsey were absent. Staff members present were:Mike Collins,City Manager,Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director; 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. Proclamation Mayor Mondy presented a Proclamation declaring the week of October 19-25 as Teen Book Week in the City of Wylie. Accepting were members of the Horizon Group,a part of the Campfire Boy& Girls organization and Ms. Mignon Morse,Library Director. Citizen Participation Ms.Nicki Allen- 100 Rush Creek Ms.Allen expressed her concerns to Council regarding the Kansas City Southern Railway proposal and presented information to Council concerning a merger that could effect the train traffic. She expressed her distrust of KCS and asked Council to research and solicit expectations with the possibility of a merger. Consent Agenda Councilman Scott made a motion to approve item A on the Consent Agenda. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously, 5-0. A. Approval of the Minutes from the Special Called Meeting of September 16 and the Regular Meeting of September 22, 1998. Items for Individual Consideration 1. Consider and Act Upon the Approval of the Library Advisory Board By-Laws. Ms. Mignon Morse addressed this item. Ms. Morse explained that the Library Advisory Board was seeking approval of the newly revised by-laws so that the Board could continue to operate in a professional manner. Wylie City Council Minutes October 13, 1998 Page 1 Councilman Scott made a motion to Approve the Library Advisory Board By-Laws. Councilman Young seconded the motion. A vote was taken and the motion passed, 5-0. 2. Hold the First of Two Public Hearings for the Annexation of.998 Acres out of the Francisco De La Pina Survey,Abstract No.688,Collin County,Texas and being the same property conveyed to Doyle R Mitchell and wife Nancy Kaye Mitchell,by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610,Page 702,Land Records,Collin County,Texas. Mr.Tobin Maples addressed this item. Mr.Maples stated the City of Wylie has received a request for annexation from Mike Douglas for a.998 acre tract generally located at the northwest corner of SH 78 and Eubanks Lane and that the applicant is requesting annexation in order to establish connections to City of Wylie utilities. Mr. Maples stated that Staff has held preliminary discussions with the applicant regarding the use and zoning of this property and anticipates a request for rezoning subsequent to Council approval of the annexation request and that should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural)until permanent zoning is established by the City Council. Mr. Maples stated that the procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Mr.Maples explained to Council that before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. As he further explained, staff prepared a schedule for public hearings and institution. He stated that the two(2)public hearings have been scheduled for the October 13, 1998,and October 27, 1998,City Council Meetings and the date for the institution of the annexation proceedings has been scheduled for November 17, 1998. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to 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 proposed annexation request to 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. 3. Hold the First of Two Public Hearings for the Annexation of 110 Acres out of the J.W. Mitchell Survey,Abstract No. 589, Collin County, Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife, Pearl A. McWhirter, by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County, Texas. Mr. Tobin Maples addressed this item. Mr. Maples stated that the City of Wylie has received a request for annexation from Mrs.Patsy Lewis for a 110 acre tract generally located at the northeast corner of McCreary Road and McMillan Road and that the applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Mr.Maples stated that per the applicants request the City of Murphy,Texas,has released this property from their extraterritorial jurisdiction(ETJ)due to the fact that Murphy utilities are unavailable at this time. He also stated that staff has held preliminary discussions with the development community regarding the zoning and development of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request and should the City Council approve the annexation request,the property will be temporarily zoned as A(Agricultural)until permanent zoning is established by the City Council. Wylie City Council Minutes October 13, 1998 Page 2 Mr. Maples stated that the procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Mr.Maples explained to Council that before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. As he further explained, staff prepared a schedule for public hearings and institution. He stated that the two(2)public hearings have been scheduled for the October 13, 1998, and October 27, 1998,City Council Meetings and the date for the institution of the annexation proceedings has been scheduled for November 17, 1998. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to 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 proposed annexation request to 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. 4. Hold a Public Hearing and consider a request from Zlan, Ltd., for approval of a Temporary Specific Use Permit(SUP)for a Commercial outdoor amusement (proposed driving range) on the property generally located at the northeast corner of FM 1378 and Brown Street and being a portion (9 acres)of a 23.4971 acre tract of land conveyed to C.B.A. Enterprises by substitute trustee's deed recorded in Volume 2612, Page 605, Deed of Trust Records of Collin County, Texas. Mr. Tobin Maples addressed this item. Mr. Maples explained that the applicant is requesting a temporary Specific Use Permit(SUP)on 9 acres in order to develop the property with a golf driving range. He stated that currently the property is zoned B-2 (Business) and partially developed with business uses. Mr. Maples gave Council a brief explanation of the zoning of the surrounding property. Mr. Maples stated that Public Comment Forms were mailed to eleven(11)property owners within 200 feet of this request. One (1) Public Comment Form in support of the request has been returned. Mr. Maples stated that the Comprehensive Plan recommends retail, commercial, and business uses for the property and that the proposed land use is consistent with the Comprehensive Plan. He explained that in every zoning district, certain specific uses are allowed when granted in accordance with Section 23 of the Comprehensive Zoning Ordinance No. 85-23A and in this particular case,the applicant must obtain a Specific Use Permit(SUP)due to the fact that a golf driving range is defined as a commercial outdoor amusement(Section 33.22 of the Comprehensive Zoning Ordinance No 85-23A). Mr.Maples stated that in an effort to open the golf driving range as soon as possible,the applicant is seeking a temporary specific use permit in accordance with Section 23.2 (7)of the Comprehensive Zoning Ordinance No 85-23A. He stated that specifically, in some cases, a temporary specific use permit may be issued with the approval of the Planning and Zoning Commission and City Council for a period not to exceed eighteen (18) months. Mr. Maples explained that Should the Council approve the request for a temporary specific use permit(SUP), the applicant will be required to seek permanent zoning prior to the expiration of said temporary specific use permit. He stated that the applicant is aware that if approved by Council, a temporary specific use permit does not establish permanent zoning and that it is his responsibility to request permanent zoning within eighteen(18)- Wylie City Council Minutes October 13, 1998 Page 3 - months. He further stated that should permanent zoning not be established prior to the expiration of an approved temporary specific use permit(SUP), all activity associated with the golf driving range temporary use shall be discontinued upon said expiration. Mr.Maples made a correction to the height of the netting specified in the Agenda Communication material. He stated that applicant intends to screen the majority of the property with netting sixty(60)foot high parallel to Brown Street and forty(40)foot high netting along FM 1378 and the northern property line. He stated that all netting will be located on private property,attached to wooden telephone poles, and setback twenty (20)feet from the property line. Mr.Maples presented the specific development standards proposed by the applicant including lighting,platting requirements for structural developments,and application requirements for a new C.O. should the use of property change to include retail sales. Mr.Maples stated that the Planning&Zoning Commission did hear this case at their regular meeting of October 6, 1998. Mr.Maples stated that it was denied by the Commission by a 6-1 vote. Mr. Maples further explained that in order to overturn the recommendation of denial by Planning and Zoning, it would require a 3/4 vote of Council in favor of the request. Mr. Maples clarified for Councilman Scott the temporary SUP conditions and a temporary SUP could be canceled prior to the eighteen month permit. The Mayor asked the Applicant to come forward. Applicant, Mr. George Spencer, 1009 Fresno Road of Plano came forward to address Council. Mr. Spencer stated that at the last Council meeting he was made aware of four issues that needed to be readdressed. Mr. "W Spencer stated he did communicate through a seven page letter to the Planning and Zoning Commission addressing all issues and asked if Council was also in receipt of said letter. Mr. Spencer stated that the Commission did not share with him the issues of the last vote of 6-1,but he understood that the use of property was not in harmony to the long range plans. Mr. Spencer asked Council if they had the reason for Planning and Zoning denial. The Mayor asked that Mr. Spencer first address the four items that he was asked to readdress. Mr. Spencer addressed Council regarding, appearance,lighting,hours of operation, and parking. With regard to appearance,Mr. Spencer stated that he uses a commercial grade of netting which is transparent. Mr. Spencer addressed the lighting issues stating that golfing situation lighting is required for after hours operation and that the lighting is directed to the golf driving area not adjoining property or state highways. He suggested use of reflectors to decrease encroachment onto those areas,or redirect offending lighting. Mr. Spencer defined `offensive' lighting as lighting which is bright or catches his attention, and to some degree up to his judgement. Mr. Spencer addressed hours of operation and stated that it was suggested that he implement restrictions on hours of operation. Mr. Spencer did not have a marketing study to indicate use during exceptional hours beyond the 7 a.m.to 10 p.m.hours of operation, and if they should want to extend beyond these hours,to utilize the 2 a.m. to 5 a.m slot,he would come back with a request. Wylie City Council Minutes October 13, 1998 Page 4 Mr. Spencer addressed the last issue of parking. Mayor Mondy had concerns regarding the scars left by the rendering trucks who used the parking area. Mr. Spencer stated that he is still communicating with the Insurance Company on damages incurred and that he did apply for a permit and city inspectors have viewed the public parking,not fire lanes and that stated that it would be fine as soon as we repaired the damaged area. Mr. Spencer stated that he is awaiting inspection of the fire lanes by the Fire Department. The Mayor asked Mr. Spencer if he had a report from the insurance company stating whether the material was installed properly or if conditions support traffic and soil analysis for light parking. Mr. Spencer stated that according to the City Inspector,they have what was needed at this time. Mr. Maples could not confirm this,but did not has not formally approved. Mr. Maples recommended that the off street parking should be a condition attached to the approval or denial. Mayor Mondy asked Mr. Spencer why the permitting and the process was not taken care of before construction. Mr. Spencer stated that he did apply for the plumbing, and the parking was already installed,therefore parking permit was not needed at that time. Mr. Spencer stated that he incurred tremendous delays with Planning and Zoning and Council,referring to the cancellation of the September 8 meeting. Mr. Spencer also added that he was in communication with Mr.Maples and Mr.Phillips regarding the process,however,the he stated that it was important that they get the dirt work done when the weather was dry anticipating wet weather. The Mayor asked about the ADA concerns,to which Mr. Spencer stated that he had no problem complying with ADA and that his understanding was that the grass ramp was compliant. The Mayor had concerns were regarding bathroom facilities,to which Mr. Spencer stated they are not ADA compliant. Mr. Maples stated that this particular development is not required to have public restroom and the restroom was offered as a condition to use approval. Mr. Maples clarified that restroom was not required for a driving range only. Councilman Scott inquired as to the location of the proposed concession stand. Mr. Spencer stated that it would be located 200'to the east. Councilman Scott inquired as the masonry requirement of the building. Mr. Maples stated that the site plan is proposing a metal facility,and that with the SUP you may ask for a variance. He stated that as an accessory use to an existing business, it would not require masonry, but because it is a new use, masonry would be required on the Brown side. Mr. Spencer stated that this building would house concessions and would be ADA compliant. The Mayor stated that the Council has the right to deny and asked Mr. Spencer if he understood the appropriate use of the property. Mr. Spencer stated that he did not fully understand the appropriate use of the land but that he had conversations with Mr. Collins regarding long term plans for the area. He understood the zoning was for a B-2 zoning and he that the city required him to apply for SUP. He understood Mr. Maples made a recommendation to approve,provided he followed the process,to which he believed he did. Councilman Scott inquired about the height of the netting. Mr. Spencer clarified that he would adjust from 50 feet to 60 feet. Mayor Monday stated that the netting installed at the Plano course on FM544,Pecan Hollow,had some problems with their netting and ended up removing the netting completely. Also he mentioned that an article in the Dallas Morning News referred to a car dealership that had a problem with a nearby driving range in that the golf balls were going through the netting and damaging cars. Councilman Scott asked why the course was not pointed East. Mr. Spencer stated that it was not his preference but was due in part to the sunset. There as some discussion regarding liability. Mr Spencer stated that he did speak with the State regarding safety and liability and that their reponse was that safety was an issue between himself and the State and not the City. Mr.Maples stated that this was also a concern of the Commission and that anyone could be involved in a lawsuit. Councilman Scott stated that if someone is injured,the city could be held liable for allowing such use and would like clarification from the City Attorney. Wylie City Council Minutes October 13, 1998 Page 5 The Mayor then opened the Public Hearing asking that anyone who wished to speak either for or against the request to please come forward, state their name and address for the record and limit their remarks to five minutes. Mr.Steve Ahrens-Planning&Zoning Commissioner Mr.Ahrens came forward and listed nine(9)items of Planning&Zoning concerns. 1)public safety 2)hours of operation were not made clear to the Commission 3)the 60'netting was originally proposed as a 40' net and angled on each corner 4) access ramp not accessible by wheelchair 5) parking lot was a concern of the Commission 6)retail sales was a concern and appeared to be similiar to the issue with Bluebonnet Nursery 7) bathroom facilities were provided within the Zlan facilities until a new facility was constructed 8)concerns with standing water caused by drainage issues 9)the direction of the lighting was also an issue. Mr. Ahrens stated that for the above stated reasons the Commission denied the applicants request and that if Council had any question, the Commission was persent to address them. The Mayor then asked if there was anyone else who wished to speak to 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 invited Mr. Spencer to come forward and address any of the items presented by Mr.Ahrens. Mr. Spencer declined. The Mayor advised Mr. Spencer that in order for Council to approve, it would require a vote of 6 and that there were only 5 members present this evening. Councilman Scott made a motion to deny the request from Zlan,Ltd.,for the approval of a Temporary Specific Use Permit (SUP) for a Commercial outdoor amusement (proposed driving range) on the property generally located at the northeast corner of FM 1378 and Brown Street and being a portion(9 acres) of a 23.4971 acre tract of land conveyed to C.B.A. Enterprises by substitute trustee's deed recorded in Volume 2612,Page 605,Deed of Trust Records of Collin County, Texas. Councilman Young seconded the motion. A vote was taken and the motion to deny passed,5-0. 5. Hold a Public Hearing and consider a request from Pat Atkins for approval of a zone change from R (Retail), B-1 (Business), and MF (Multifamily) to PD (Planned Development)for single family residential uses for the property generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a 45.3768 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Mr.Tobin Maples addressed this item. Mr. Maples stated that the applicant is requesting rezoning on 45.3768 acres in order to develop the property with a master planned single family residential community. Mr. Maples gave Council a brief description of the zoning of the surrounding property. Mr. Maples stated that Public Comment Forms were mailed to sixty-four (64) property owners within 200 feet of this request. No Public Comment Forms have been returned. Mr. Maples stated that the Comprehensive Plan recommends Single Family Residential uses for the property. The proposed zoning and land use are consistent with Comprehensive Plan and compatible with the surrounding residential to the north. Wylie City Council Minutes October 13, 1998 Page 6 Mr. Maples explained that the applicant is filing this PD in order to ensure a quality development and request one(1)variance to the single family residential requirements. Mr. Maples stated that Section 5.01 C. (1)(b)of the Subdivision Regulations state that all subdivisions must have two means of access or approach and that where development phasing or constraints of the land prevent the provision of a second, separate means of access,the city may accept a median divided street or divided entry to satisfy this requirement. Mr. Maples stated that the applicant is proposing to utilize Riverway Lane as the one point of divided approach for both Phase I and Phase III. As a result and consistent with the City's traffic consultant (Transportation Strategies, Incorporated), staff recommends that no more than 20%of the lots(26)in this phase should be permitted prior to secondary access being provided. Mr. Maples stated that the Park Plans for the City recommend that an additional five(5) acres be dedicated and provided adjacent to a school site playground proposed as a joint use concept or neighborhood park and that the Parks Board reviewed this proposal at their July 27, 1998, and voted unanimously to accepted payment in lieu of park land dedication. Per the Park Board recommendation,the applicant has removed the proposed park land dedication. Mr.Maples stated that at the September 21, 1998,Planning and Zoning Commission meeting,the Commission voted by 6-0 to favorably recommend this case. Mr. Maples stated that Staff is recommending approval subject to no more than 20%of the lots (26) in this phase permitted for construction prior to secondary access being provided. Mr. Maples was than available for questions from Council. The Mayor expressed concern regarding the total number of houses when built out and the capacity of the nearby elementary school currently under construction. Mr. Rich Hovas,Tipton Engineering was present to address Council. Mr. Hovas respectfully requested approval from Council of the request. Council expressed concerns regarding the stipulations and anticipated completion date of the secondary access. Mr.Hovas stated that they would comply with the stipulations and that they would initiate the road construction during the first phase and complete before they start building. There was some discussion regarding the Park Board decision to accept proposed payment in lieu of the five acres of parkland,with regard to how and where it could be spent. Ms.Manson reported that the Board agreed to apply the fees to school district enhancements. Mr.Hovas stated that they hope to have all construction in place by next summer,with Council approval. The Mayor had concerns regarding the mud deposited on the streets during the construction phases and the potential dangers it causes when rain contributes to slick roads. Mr. Maples explained the zoning process and preliminary plat approval which will authorize the applicant to prepare the engineering plan,fmal plat for staff,planning& zoning,and Council review. Mr. Maples went on to explain that once this is approved,meeting will be held to address issues, such as this, and look at solutions acceptable to the community. There was some discussion regarding the maintenance of McMillian Road. Mr. Maples stated that it is currently a County road,however, it will eventually become the City of Wylie's through right of way acquisition. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed request to 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 proposed request to 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 October 13, 1998 Page 7 Councilman Scott made a motion to approve a zone change from R (Retail), B-1 (Business), and MF (Multifamily)to PD(Planned Development)for single family residential uses for the property generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a 45.3768 acre tract out of the Moses Sparks Survey,Abstract No. 849,City of Wylie,Collin County,Texas,with the stipulation that no more than 20%of the lots(26)in this phase shall be permitted for construction prior to secondary access being provided. Councilman Trout seconded the motion. A vote was taken and the motion passed, 5-0 6. Consider and Act Upon a Preliminary Plat/Development Plan for Phase III of Sage Creek, Amending the Comprehensive Zoning Ordinance No.85-23A. The tract is situated in the Moses Sparks Survey,Abstract No.849,Collin County,Texas and generally located along the east side of McCreary Road just south of Southfork Mobile Home Park. Requested by Pat Atkins. Mr. Tobin Maples addressed this item. Mr.Maples stated that this is a Preliminary Plat/Development associated with the previous zoning case. Mr.Maples explained that in order to establish a PD(Planned Development). the developer must follow a two-step process which includes submitting for approval a Conceptual Plan and a Development Plan. Mr. Maples explained that the first phase is the Concept Plan, which Council has just approved. Mr.Maples stated that the Concept Plan must show the applicant's intent for the use of the land within the proposed development in a graphic manner as required by Staff,and be supported by written documentation of proposals and standards for development. Mr. Maples explained that the second phase is the Development Plan,which is before Council presently. Mr. Maples stated that the Development Plan is a complete site inventory analysis of what is to be developed and that in addition,the Ordinance is adopted and development standards are incorporated into the Ordinance. Mr.Maples stated that the issues remain the same in this case as in the previous. He stated that consistent with the City's traffic consultant(Transportation Strategies,Incorporated), staff recommends that no more than 20% of the lots(26)in this phase should be permitted prior to secondary access being provided. Mr. Maples stated that staff was recommending approval subject the following stipulations. Per Section 5.01 C.(1)(b)of Ordinance 93-33, Subdivision Regulations, secondary access shall be required for Development Plan of Sage Creek Phase III at the time one(1)of the following two (2)events occur: 1. Application for housing permits have been submitted for 20%of the lots within Development Plan of Sage Creek Phase III;or 2. Two calendar years beginning with the date of adoption of this ordinance. Subsequent to the occurrence of one(1) of the two(2) above referenced events,no permit of any kind will be issued within the Development Plan of Sage Creek Phase III prior to the City's final approval and acceptance of secondary access for Development Plan of Sage Creek Phase III. Mr. Maples was than available for questions from Council. A motion was made by Councilman Scott to approve a Preliminary Plat/Development Plan for Phase III of Sage Creek,Amending the Comprehensive Zoning Ordinance No. 85-23A. The tract is situated in the Moses Sparks Survey,Abstract No. 849,Collin County,Texas and generally located along the east side of McCreary Road just south of Southfork Mobile Home Park with the following stipulations -Application for housing permits have been submitted for 20%of the lots within Development Plan of Sage Creek Phase III; or two calendar years. whichever comes first. The motion was seconded by Councilman Trout. A vote was taken and the motion passed, 5-0. Wylie City Council Minutes October 13, 1998 Page 8 ORDINANCE NO.98-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE ICY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Staff Reports City Manager, Mike Collins reported that tonights Worksession item regarding the discussion of the future regional wastewater treatment plant will not include information regarding the potential impact of any future water and sewer rates. Mr. Collins stated that in November/December staff will bring forward to Council consideration to conduct a water/wastewater rate study. Mr. Collins also reported that meetings continue with the North Texas Municipal Water District with regard to the installation of the water main on South Ballard. Mr. Collins stated that in anticipation of the Comprehensive Land Use Plan meeting this Thursday,it would be beneficial if Council members could notify and remind the appointed committee members to continue their participation. Council had concerns regarding the work on Mardi Gras and Memorial and Valentine and the completion of the FM544/1378 intersection. Mr. Collins stated that he did not have a current update,but would follow up and provide information to Council. The last update on the FM544/1378 intersection was that construction was be completed the middle of October and permanent installation of signalization by the end of October. Mr. Brady Snellgrove reported that outside auditors were currently conducting preliminary work prior to the annual audit. Mr. Snellgrove reported on the status of the Finance system upgrade. He reported that it would be necessary for the system to be down on the 29th and 30th of October and that they may experience some customer service delays. Mayor Mondy called for a five minute recess before convening into Worksession. Worksession Discussion of Transition of Council Terms from Two to Three Years for 1999 Elections. Mr.Richard Abernathy,City Attorney addressed Council regarding the transition of terms of office for the 1999 Council Elections. Mr. Abernathy explained that the Charter Amendments did not address the transition from two to three year terms. Mr.Abernathy gave Council two options to initiate the transition. One option is to elect all three expiring positions to a three year term. He explained that this would mean we would have no election every third year. Mr.Abernathy explained the second option stating that if we stagger the terms with two three- year terms and one two-year term,this would allow an election each year,however one term would be for a two- year term only. Mr.Abernathy explained that the issue would be that if the second option were implemented,the two year term could be challenged. Mr.Abernathy stated that in order to resolve the issue and avoid any type of litigation,the city could hold an election amending the conflicting sections of the Charter,possibly at the same time as the Bond election. There was some discussion regarding the frequency of amendments to the charter. Wylie City Council Minutes October 13, 1998 Page 9 Council suggested that the terms be staggered 3/3/2 and that perhaps a student council member could draw to determine which places would have two and three year terms during student government day. Discussion of Future Regional Wastewater Treatment Plant Mr.David Medanich,First Southwest,addressed Council regarding methods of financing the new Wastewater Treatment Plant and to recommend in the best interest of the City. Mr. Medanich stated that in his opinion it would be cost effective to go through the North Texas Municipal Water District, since it is regional and there is more than one participant. Mr.Medanich stated that since we have a good relationship with NTMWD,it would be advisable to allow North Texas to issue the debt and have a contract revenue bond which the City has done before. Mr.Medanich stated that we should also consider that both parties (Wylie&Murphy)will be liable to pay the debt and should one not pay,the other will be liable,however,we are in the same situation now with the current water system. There was discussion regarding future contract negotiations and current debt on the existing plant. Mr. Medanich concluded that in his opinion it was cost effective to contract revenue bond as the city has done previous. With no further discussion,the Council thanked Mr. Medanich for his time. Discussion of Unincorporated Areas as Mapped&Identification of Existing&Future City Services. Mr. Tobin Maples provided Council with maps,numerical listing of proposed areas of annexation indicating current use, availability of city services and status of legal descriptions necessary to proceed with the annexations. After discussion of each parcel,Council gave specific direction on specific areas to proceed toward annexation. Mr.Maples provided a time line for the two required public hearings and the institution date for the annexation of the specified parcels. Council did not convene into Executive Session as posted, and with no further business to come before the Council,the meeting was adjourned. Mondy,Mayor or ��"���i��0,0113t1f►iltf///�,�����i Attest: v` bara A. Salini ity Secretary 1111. Wylie City Council Minutes October 13, 1998 Page 10