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10-27-1998 (City Council) Minutes MINUTES Wylie City Council Tuesday, October 27, 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 27, 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 and Barbara Salinas,City Secretary. Invocation The invocation was given by Councilman Scott. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Pro Tern Worley. Proclamation Mayor Mondy stated that the Proclamation on this evenings agenda was presented by Mayor Pro Tem Worley, earlier today during the Chamber Luncheon. The proclamation was to Declare the Week of November 9-13 as Wylie Chamber of Commerce Week in Wylie,Texas. Mayor Mondy administered the Oath of Office to the Wylie Police Department's two new officers, Officer Jeffery C. Ward&Officer Vilai Thonginh. Consent Agenda Approval of the Minutes from the September 29, October 6 & October 11 Special Called Meetings and the Regular Meeting of October 13, 1998. Councilman Young made a motion to approve the minutes from the September 29, October 6 and October 11 Special Called and October 13 Regular Meeting with the following correction to the minutes of the September 29 Special Called Meeting. Councilman Young clarified his motion of September 29 as to the appointments to the two vacancies on the Planning&Zoning Commission. Mr.Carter Porter was appointed to fill the unexpired term of Ms. Donna Edge whose term expires in July of the year 2000; and Mr. Don Hughes was appointed to fill the unexpired term of Mr. Mark Clark whose term expires in July of 1999. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously. Items for Individual Consideration 1. Discuss and consider approval of a Resolution Changing Authorized Representative for Local Government Investment Cooperative(LOGIC). Wylie City Council Minutes October 27,1998 Page 1 Mr. Brady Snellgrove addressed this item. Mr. Snellgrove introduced Ms. Judy Klusmann,Assistant Finance Director to the Council and explained that the Resolution was to accommodate her as the Authorized Representative for TexPool. Councilman Scott made a motion to approve the Resolution Changing the Authorized Representative for Local Government Investment Cooperative(LOGIC). Councilman Young seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 2. Discuss and consider approval of a Resolution Amending Authorized Representatives for TexPool (Texas Local Government Investment Pool). Mr. Snellgrove addressed this item. Mr. Snellgrove stated that this item served the same purpose as Agenda Item No. 1,only specific for TexPool. Councilman Scott made a motion to approve the Resolution Amending Authorized Representatives for TexPool (Texas Local Government Investment Pool). Councilman Trout seconded the motion. A vote was taken and the motion passed unanimously,7-0. 3. Discuss and consider the adoption of amendments to the water and sewer rates and fees ordinance allowing a utility customer 60 years of age or older additional days to pay a current utility bill without penalty; decreasing the number of days before a utility account becomes delinquent; and discuss and consider the adoption of an amendment to the water works ordinance adding a confidentiality of billing information clause. Mr. Brady Snellgrove addressed this item. Mr. Snellgrove explained that this amendment was to allow utility customers 60 years of age or older additional days to pay a current utility bill without imposing a penalty. He stated that the amendment also addresses decreasing the number of days before a utility account becomes delinquent and the addition of a confidentiality clause. Mr. Snellgrove reported that at present, the utility department has a 2%delinquency rate,which in his opinion was good. Councilwoman Allen made a motion to adopt the amendments to the water and sewer rates and fees ordinance allowing a utility customer 60 years of age or older additional days to pay a current utility bill without penalty: decreasing the number of days before a utility account becomes delinquent; and adding a confidentiality of billing information clause. Mayor Pro Tern Worley seconded the motion. A vote was taken and the motion passed unanimously,7-0. 4. Hold the Second 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. Wylie City Council Minutes October 27,1998 Page 2 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,tonight being the second of two public hearings. 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. 5. Hold the Second 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. 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,tonight being the second of two public hearings. 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. Wylie City Council Minutes October 27,1998 Page 3 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. 6. Consider and Act Upon a Final Plat for the Twin Lakes Phase II addition proposed by Corwin Engineering,Inc., generally located at the northeast corner of South Ballard Street and Alanis Drive and being all of a certain 34.639 acre tract out of the Allen Atterberry Survey,Abstract No. 23,City of Wylie,Collin County,Texas. Mr. Tobin Maples addressed this item. Mr. Maples stated that the final plat under consideration is the Twin Lakes Phase II addition. The applicant is final platting 34.639 acres in order to develop the property with 110 single family lots. The property is currently vacant, unplatted, and zoned for SF-1, SF-2, and SF-3 (Single Family Residential)uses. Mr. Maples stated that staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for thoroughfare screening and block length. Specifically, Section 5.03 of the Subdivision Regulations states that where subdivisions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening at his/her sole expense. The plat under consideration incorporates a note indicating that the required screening will be accomplished by the construction of a 6-foot high wooden fence(finished side of the fence will face the thoroughfare)with steel fence posts constructed by the home builder, and maintained by the individual homeowner. Mr.Maples stated that when the Planning and Zoning Commission recommended approval of this case,the plat incorporated a wall maintenance easement indicating that the required screening would be a wall. He stated that the wooden fence element is new and, therefore,requires Council approval. Mr. Maples advised that Staff is recommending approval of the fence subject to the screening note being revised to indicate that the fence will be constructed prior to final acceptance of the subdivision. Mr. Maples stated that this change does comply with the Subdivision Regulations and that the applicant is in agreement. Mr. Maples stated that Section 5.02 D (2) of the Subdivision Regulations states that the block length in residential areas shall not exceed 1,200 feet and that the applicant is requesting a variance to this requirement as the length being proposed for Block H is 1,280 feet. Mr. Maples stated that approval is recommended. 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 and that Staff was recommending approval for construction, subject to the applicant revising the screening note accordingly. Mr. Maples was then available for questions from Council. Council had concerns on some issues regarding changes to screening wall; sidewalks and vision problems created by the future widening of existing road, to which the applicant addressed. Councilman Scott made a motion to approve the Final Plat for the Twin Lakes Phase II addition proposed by Corwin Engineering,Inc.,generally located at the northeast corner of South Ballard Street and Alanis Drive and being all of a certain 34.639 acre tract out of the Allen Atterberry Survey,Abstract No. 23, City of Wylie, Collin County,Texas,subject to the applicant revising the screening note accordingly. Wylie City Council Minutes October 27,1998 Page 4 Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. Staff Reports Mindy Manson,Assistant to the City Manager reminded Council that the Annual TML Conference was scheduled for October 28 through October 31 and that Chief Butters would be in charge during this time. Brady Snellgrove,Finance Director reported that the finance systems upgrade was progressing and would actually take a shorter time frame than the two days originally reported. Citizens Participation Mr.Henry Garland,Wylie North East Water Supply. Mr.Garland spoke regarding the annexation issues Council will be considering and his interest in discussing the issues and maintaining an open dialogue. Executive Session The Mayor then adjourned into Executive Session In accordance with Chapter 551,Government Code,Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.074, Personnel Matters, Deliberation of Appointments to the Parks and Recreation Board to fill an unexpired term. Reconvene into Open Meeting The mayor then reconvened into Open Meeting and as a result of the Executive Session, Councilman Scott made a motion to appoint Mr. Douglas House to fill the unexpired term of Mr. Kerry Carouthers whose term expires in July of 1999; and to appoint Mr. Gary Wiseman to fill the unexpired term of Mr. Carter Porter whose term expires in July of the year 2000. Mayor Pro Tem Worley seconded the motion. A vote was taken and the motion passed, 7-0. Adjournment. As there was no further business to come before the Council,the meeting was adjourned. VIL M John Mondy, Mayor Attest: • a ara A. Salina ity Secretary 5,3 • Wylie City Council Minutes October 27,1998 Page 5