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).
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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.
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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.
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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.
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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
•
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October 27,1998
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