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01-26-1999 (City Council) Minutes �., MINUTES Wylie City Council Tuesday, January 26, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday, January 26, 1999 at 7:00 p.m. with the following Councilmembers present:Joel Scott,Reta Allen,Lavem 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 Deacon Warner Washington, St Anthony Catholic Church. Pledge of Allegiance Councilman Trout was asked to lead the Pledge of Allegiance. Proclamations&Presentations Mayor Mondy invited the Council to join Pro Tern Worley as he read the Proclamation declaring the week of February 7-14 as"Hearts of Kindness"week in the City of Wylie. This program is sponsored by the WISD Character Education Program. Ms. Judy Brewster and several school campus representatives accepted the proclamation. Citizens Participation There was no citizens participation. Consent Agenda Councilman Worley made a motion to approve Agenda Items A-D of the Consent Agenda,removing Item E for discussion. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. A. Approval of the Minutes from the January 12, 1999 Regular Meeting. B. Consider and act upon approval of final acceptance of the construction of Fire Station 1 and 2 and the authorization for fmal payment to Gibbs Construction in the amount of$30,450.00 and accept the project as complete.. C. Consider and act upon approval of final acceptance of the construction of interim drainage improvements along Valentine Park Creek, and authorization for final payment to Tri-Con Services,Inc.In the amount of$3,481.98,and accept the project as complete. D. Consider and act upon a replat for the Wyndham Estates Phase III, 1st Revision subdivision, proposed by Jackson and Associates Land Surveyors,Inc.for the property located at the north end of Windco Circle and being all of Lots 11-A, 12-A, 14,and 15 (1.513 acres) of Wyndham Estates Phase III,City of Wylie,Collin County,Texas. Wylie City Council Minutes January 26,1999 Page 1 The Mayor then announced that the Council would convene into Executive Session at 7:12 p.m. under Section 51.075 Conference with Employees to review information from employees concerning Kansas City Southern Railroad. The Mayor reconvened into Open Session at 7:35 p.m. E. Approval of an Agreement between the City of Wylie, Collin County and the Kansas City Southern Railway Company. Councilman Young made a motion to approve the agreement between the City of Wylie, Collin County and the Kansas City Southern Railway Company. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0. ITEMS FOR INDIVIDUAL CONSIDERATION Public Hearings 1. Hold a Public Hearing to consider and act upon a request from the Kansas City Southern Railway Company and Tolmak,Inc.,for approval of a zone change from A(Agricultural); B-1 (Business); SF-A(Single Family Attached); SF-2 & SF-3 (Single Family Residential)to B-1 (Business)and I(Industrial)for the property generally located at the northeast corner of Spring Creek Parkway and SH78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey, Abstract no.688,City of Wylie,Collin County,Texas. ZC98-16. The Mayor opened the public hearing asking that anyone who wished to speak either for or against the proposed zone change to come forward. With no response,the Mayor then closed the public hearing. Councilman Worley made a motion to approve the request from the Kansas City Southern Railway Company and Tolmak, Inc., for approval of a zone change from A (Agricultural); B-1 (Business); SF-A (Single Family Attached); SF-2 & SF-3 (Single Family Residential) to B-1 (Business) and I (Industrial) for the property generally located at the northeast corner of Spring Creek Parkway and SH78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey,Abstract no. 688,City of Wylie,Collin County, Texas,with the correction to the ordinance with regard to Parcel 1. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. ORDINANCE NO. 99-2 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 THE HEREINAFTER DESCRIBED PROPERTY ZONING CASE NUMBER 98-16,TO B-1,BUSINESS AND I,INDUSTRIAL DISTRICT CLASSIFICATION;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. 2. Hold a Public Hearing to consider and act upon a request from J.C.Worley,for approval of zone change from A(Agricultural)to B-2(Business)for the property generally located along the south side of SH78 north of Wylie Ranch East Estates,and being all of Lot 6 of the Wylie Ranch Estates Commercial Park,according to the plat thereof recorded in Volume C,Page 8,plat records of Collin County,Texas. ZC98-15 Councilman Worley abstained from the discussion and vote of this item and removed himself from the bench. Councilman Worley completed a Conflict of Interest Affidavit prior to the meeting. Wylie City Council Minutes January 26,1999 Page 2 Planning Director, Mr. Tobin Maples addressed this item. Mr. Maples stated that the applicant is requesting u.. rezoning on 2 acres in order to develop the property with business uses. Specifically,the applicant is proposing an iron works business encompassing an office, showroom and warehouse. Mr. Maples gave Council a brief description of the surrounding zoning. 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 applicant is requesting a B-2 (Business) classification in order to allow light fabrication and assembly of iron. Light fabrication and assembly is permitted within the B-2 (Business)district provided that such facilities are completely enclosed within a structure not exceeding 8,000 square feet, and provided that no effects from noise,smoke,glare,vibration,fumes or other environmental factors are measurable at the property line. Mr.Maples advised Council that the applicant has offered to construct an eight foot masonry screening wall along the southern property line in order to buffer the proposed use from the existing residential to the south. Mr. Maples stated that at the December 1, 1998,Planning and Zoning Commission meeting,the Commission voted by 6-0 to recommend approval of this case. Commissioner Wood did not attend the meeting. He further stated that at the January 12, 1999,City Council meeting,the Council voted unanimously to table this case to the January 26, 1999,City Council meeting. Specifically,the applicant requested that the case be tabled in order to allow the applicant and staff an opportunity reexamine the proposal. The Mayor had concerns regarding the sewer service to the property. Mr. Maples stated that the property was within our City Limits and would require tie in to our system, however, water would be provided by another entity. The Mayor opened the public hearing asking that anyone who wished to speak either for or against the proposed zone change to come forward. With no response,the Mayor then closed the public hearing. Councilwoman Allen made a motion to approve the request from J.C.Worley,for approval of a zone change from A(Agricultural)to B-2(Business)for the property generally located along the south side of SH78 north of Wylie Ranch East Estates, and being all of Lot 6 of the Wylie Ranch Estates Commercial Park, according to the plat thereof recorded in Volume C,Page 8,plat records of Collin County, Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed, 6-0,with Councilman Worley abstaining. ORDINANCE NO. 99-3 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 THE 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. Councilman Worley resumed his place with the Council. Approval of Ordinance 3. Consider and Act Upon Approval of an Ordinance Appointing Members to a Citizens Bond Advisory Committee Wylie City Council Minutes January 26,1999 Page 3 Councilman Worley made a motion to Approve the Ordinance appointing members to a Citizens Bond Advisory Committee and named said members as follows: Toni Young, Carter Porter, Pat Nethery, Lois Swartz, Rita Smith, Wanda Sparks, Chuck Trimble, Julie Schmader, Sharon Dowdy, Warner Washington, Mark Cooper, Roger Smith,Donna Larson,Gary Bowland,and Nelson Underwood. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0. Approval of Agreement 4. Consider and act upon approval of an Impact Fee Reimbursement Agreement with Centex Homes. City Manager,Mike Collins asked that this item be removed from the agenda. Staff Reports Mr. Collins reported that he had met with TU Electric official who provided staff with information on a new voluntary adjustment plan they hope to make available to industry and residents. This plan will offer an opportunity for those(commercial)who tend to use the greatest amount of electricity during peak hours when consumers are also using electricity,to provide to them a financial incentive through rate structure to encourage them to stager peak uses of energy. Mr. Collins stated that TU is asking the city approve an ordinance supporting this plan. He stated that TU is also planning meeting with the largest users to receive input on how this will be of benefit. Mr. Collins stated that Mr. Satterwhite would be helping to coordinate these meetings and that TU has requested to come before Council in February or March. Mr. Collins reported on a meeting with BFI and status of recycling program and stated that they would like to come before Council either in work session or as a presentation in March. Mr. Collins asked that Council provide staff with any specific questions or concerns so that staff can respond. Council agreed that this could be scheduled in March. Mr. Collins stated that staff would like to hold a work session on Tuesday,February 2 as a capital projects update and as a kick off for the Citizens Bond Advisory Committee to receive direction from Council. Councilman Scott stated that he would be absent from a work session on Tuesday,February 2. Mindy Manson reported that the contractor started today on the installation of the drop ceiling at the Community Center should be complete by tomorrow. Mr. Satterwhite, Executive Director of the Wylie Economic Development Corporation invited the Mayor and Council to the ground breaking for Molding&Associates on February 1 at 2:00 p.m. Mr. Satterwhite stated that this business will bring 45 new jobs to Wylie. Presentations Mr. Henry Garland gave Council a brief presentation of the status of the Meals on Wheels program in Wylie. He stated working with Mr. Nelson they have formed Articles of Incorporation and a Board of Directors for "Wylie Meals on Wheels, Inc." He thanked Mr. Nelson and Ms. Manson for their support. Mr. Garland also stated that they hope to incorporate the WISD area as the city limits boundaries. The Mayor expressed concerns regarding the WISD area and advised Mr. Garland that we would check with our city attorney. Mr. Garland stated that to date they have collected$2,200. Wylie City Council Minutes January 26,1999 Page 4 Executive Session The Mayor then announced that the Council would convene into Executive Session at 8:10 p.m. under Section 551.074,Personnel Matters,Annual Review of the City Manager. Reconvene into Open Meeting No action was taken as a result of Executive Session. Adjournment. As there was no further business to come before the Council,the meeting was adjourned. John Mondy, Mayor Attest: arbara A,-dal 4,Secretary r.- Wylie City Council Minutes z January 26,1999 Page 5 ~'r �,