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02-22-1999 (City Council) Minutes MINUTES Wylie City Council Tuesday, February 22, 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, February 22, 1999 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 Councilman Scott was asked to give the Invocation. Pledge of Allegiance Councilman Ramsey was asked to lead the Pledge of Allegiance. Presentations & Proclamations A Presentation was made by Mr.Brent Bates regarding a proposed concept for an Arena/Civic Center. Mr. Bates provided Council with a visual presentation of other Arena/Civic Center facilities in Terrell,Athens and Hopkins County. He stated the proposed location (city/school property), the types of usage, and the need within the community for such a facility. Mr. Bates provided three cost options ranging from approximately$300,000 to $2.5 million,depending on size. Mr.Bates intention was to present the concept to Council for their consideration and support. The Mayor thanked Mr. Bates for his presentation. Citizens Participation There was no citizens participation. CONSENT AGENDA Councilman Scott asked that the Minutes of the February 2 Worksession reflect that he was absent. Councilman Scott then made a motion to approve Consent Agenda Items A and B,with the noted correction to Item A,the minutes. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. A. Approval of the Minutes from the January 26 and February 9, 1999 Regular Meetings and the Worksession of February 2, 1999. B. Consider and Act Upon a final plat for the Southplace Estates Phase II subdivision,proposed by Ballpen Venture II,L.P.,generally located along the east side of Taos Lane between Cloudcroft Drive and Silvercreek Drive and being all of a 1.9423 acre tract out of the Allen Atterberry Survey,Abstract No.23,City of Wylie,Collin County,Texas. Wylie City Council Minutes February 22,1999 Page 1 ITEMS FOR INDIVIDUAL CONSIDERATION Resolutions 1. Consider and act upon approving a Resolution ordering a Joint Election with the Wylie Independent School District on May 1, 1999. City Secretary,Barbara Salinas addressed this item. Ms. Salinas stated that The Texas Election Law,Chapter 3 gives direction in ordering the election. The resolution, if approved, will meet statutory requirements for ordering the municipal election under Article 5, Sections 1-7 of the Home Rule Charter. Ms. Salinas stated that According to the Elections Administrator, should Council elect to hold a bond election in conjunction with the General Election,the contract would not require an amendment,nor do we anticipate a change in the estimated cost. Councilman Young made a motion to approve the Resolution ordering a Joint Election with the Wylie Independent School District on May 1, 1999. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. RESOLUTION NO. 99-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,COLLIN COUNTY,TEXAS,ORDERING A JOINT ELECTION TO BE HELD ON MAY 1,1999,FOR THE PURPOSE OF ELECTING THREE(3)MEMBERS,(PLACE 1,3,AND 5),TO THE CITY COUNCIL;PLACE 1 AND 3 WILL HOLD OFFICE FOR A PERIOD OF TWO YEARS AND PLACE 5 WILL HOLD OFFICE FOR A PERIOD OF THREE YEARS;DESIGNATING LOCATION OF POLLING PLACE;ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. 2. Consider and act upon approval of a Resolution urging the State Legislature tp increase appropriations to the Texas Department of Transportation (TxDOT) for road and bridge maintenance and expansion. Mr. Collins addressed this item. Mr. Collins stated that the Texas Good Roads/Transportation Association is asking local entities to consider adoption of a Resolution which supports an increase in allocations to TxDOT for the purpose of road and bridge maintenance and expansion. Mr. Collins explained that the source of funding for this increase would be accomplished by funding the Department of Public Safety from a source other than the State Highway Fund and by changing the point of accountability for state motor fuel taxes from the distributer to the terminal rack. Mr. Collins stated that the Resolution also supports the increase of appropriations to TxDOT in order to leverage the maximum amount of federal funding to the State through the Transportation Equity Act for the 21st Century. Councilman Scott made a motion to approve the Resolution urging the State Legislature tp increase appropriations to the Texas Department of Transportation (TxDOT) for road and bridge maintenance and expansion. Councilman Trout seconded the motion. A vote was taken and the motion passed, 6-1, Councilman Young voted in opposition. RESOLUTION NO. 99-2 RESOLUTION URGING THE TEXAS LEGISLATURE TO INCREASE APPROPRIATION FOR ROAD AND BRIDGE MAINTENANCE AND EXPANSION 3. Consider and act upon approval of a Resolution suspending the proposed effective date of the proposed rate schedules of Texas Utilities Electric Company. Wylie City Council Minutes February 22,1999 Page 2 City Manager, Mike Collins addressed this item. Mr. Collins stated that TU Electric representatives were unable to attend the meeting this evening but will come before Council and provide additional information at a later date. Mr. Collins explained that the Texas Utilities Electric Company("TU Electric")has filed a statement of Intent and Application to implement proposed Rate GTU-M-General Service Time-Of-Use-Municipality,Rate RTUI- M-Residential-Time-Of-Use-Municipality, and Rate GTUC-M-General Service Time-Of-Use Voluntary Curtailable Municipality. He explained that these optional time and use rates would be available to TU Electric residential,commercial and industrial customers on a voluntary basis at the customers choice and that these time- of-use rate options will allow participating customers to plan and manage their electrical energy usage to shift their loads from TU Electric's peak periods to TU Electric's off-peak periods,thereby saving on their electric bills and, at the same time, allowing TU Electric to acquire less resources to meet the peak loads of all of its customers. Mr. Collins referred to the attachments to the Agenda Communication. He stated that this information was received from TU Electric, included a copy of the Direct Testimony of Stephen Houle,Rates Manager for TU Electric Company, before the Public Utilities Commission. He stated that the testimony material is a very detailed explanation of the three new Time-of-Use rates that TU is proposing as voluntary options. Mr.Collins stated that the passage of the Resolution would suspend the proposed effective date of said proposed Time-Of-Use Rate Schedules for a period of 90 days from February 19, 1999 and that an Ordinance approving final adoption of the new rate would be considered by the City Council on Tuesday May 12, 1999, with its effective date Tuesday,May 19, 1999. Mr. Collins stated that any concerns or opposition from Council could be discussed when the Ordinance is presented for approval in May, however, the Resolution for consideration this evening only adopts a 90 day review period. Councilman Scott made a motion to approve the Resolution suspending the proposed effective date of the proposed rate schedules of Texas Utilities Electric Company. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. RESOLUTION NO.99-3 A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES OF TEXAS UTILITIES ELECTRIC COMPANY,PROVIDING FOR NOTICE HEREOF TO SAID COMPANY,AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 4. Consider and act upon a Resolution, formally requesting that the Farm-to-Market (FM) designation of S.Ballard St.and Stone St.from S.H. 78 south to the Collin/Dallas County Line and establishing the City of Wylie maintenance responsibility and control of the same portion of roadway. Mr.Collins addressed this item. Mr. Collins stated that the City Council approved a resolution on November 17, 1998, formally requesting that the Farm-to-Market designation for a portion of Ballard St. between Butler St. and Stone Road be eliminated by TxDOT. Mr. Collins explained that the City of Wylie was asked to take this action by the TxDOT Area Engineer's Office in McKinney in order to make a formal request to the TxDOT Commissioners and receive consideration within three months. Wylie City Council Minutes February 22,1999 Page 3 The City has now been notified by the TxDOT Area Engineer's Office that the formal request had not been sent because they believed that the request would have been denied and they now are requesting that an additional portion of FM 544 to the Dallas/Collin County line be taken off of the system as well. This would eliminate the basis of denial being that the request would leave the FM 544 route non-contiguous. Mr. Collins stated that the City of Wylie will be participating in the cost of the Ballard St. pavement project. A detailed presentation of these costs and the arrangements made with the NTMWD was discussed with City Council during its December City Council meeting. The maintenance costs for a new concrete street are expected to be minimal. Mr. Collins stated that beyond the NTMWD project,the estimated maintenance cost of the two- lane east/west section of Stone Street and the two-lane north/south section of W.A. Allen is$2,000 to$4,000 per year. This estimate is based on the following: 1. Seal coat$25,000/8 years and,2. Signs,potholes repair etc. $5,000/8 years. At the end of 1998,TxDOT completed a seal coat project as part of their routine maintenance. This section should not need seal coating until 2006. Approximately three(3)miles of FM 544 is impacted by this proposal. Councihnan Scott expressed his concerns regarding the cost of maintaining a road that is uninhabited. There was discussion regarding continued maintenance costs and the possibility of future annexations. Councilman Scott made a motion to approve a Resolution,formally requesting that the Farm-to-Market(FM) designation of S.Ballard St. and Stone St.from S.H. 78 south to the Collin/Dallas County Line and establishing the City of Wylie maintenance responsibility and control of the same portion of roadway. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. RESOLUTION NO.99-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,COLLIN COUNTY,TEXAS,REQUESTING THE TEXAS DEPARTMENT OF TRANSPORTATION TO REMOVE THE FARM-TO-MARKET 544 DESIGNATION FROM SOUTH BALLARD STREET AND STONE STREET FROM SH 78 SOUTH TO THE COLLIN/DALLAS COUNTY LINE;AND ESTABLISHING CITY OF WYLIE RESPONSIBILITY FOR MAINTENANCE AND FOR CONTROL OF THE ROADWAY. 5. Consider and act upon A Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of wastewater treatment for the Woodbridge Golf Course Clubhouse Complex,Pavilion,and Pool. Mr. Tobin Maples addressed this item. Note: Item Number 5 on the agenda was actually Item No. 6 within the Agenda Packet. Mr. Maples stated that the next three items were all related to the agreement with the City of Sachse to provide specific services to specific areas in the Woodbridge development. Mr. Maples stated that Phase I of the Woodbridge residential development(located within Sachse) has been constructed and is close to being built out and the 18 hole championship golf course(located within Wylie)has also be constructed and is expected to open in August of 1999. Mr. Maples stated that during zoning discussions concerning the Woodbridge development, it was noted that the golf course clubhouse complex and related facilities would be built within the City of Wylie proper and require sewer service from the City of Sachse. He further explained that the clubhouse complex is under construction and is scheduled for completion in June or July 1999. As a result,the Herzog Corporation has requested that the clubhouse complex,pavilion, and pool (located within Wylie)be allowed to connect to the City of Sachse sewer system due to the fact that the City of Wylie does not have operable infrastructure in the area. Wylie City Council Minutes February 22,1999 Page 4 Mr. Maples stated that since Sachse's sewer is treated by the City of Garland (under contract), the City of Garland has stated that resolutions authorizing the City of Sachse to provide sewer services to facilities located within Wylie proper must be approved by Wylie and Sachse prior to actual connections being made. Mr. Maples pointed out that this resolution only encompasses the clubhouse facility,pavilion,and pool and does not include any single family homes and according to the developer,the sewer connections for the above referenced facilities will be permanent. Specifically,the City of Wylie's sewer trunk line is located on the east side of the creek and, therefore,would require these facilities to provide connections underneath the creek and across the golf course. Mr.Maples also noted that although the above referenced connections may be permanent,staff has worded the resolution to allow future connections to the Wylie sewer system should they be desired or required upon completion of the Regional wastewater treatment facility. Mr. Maple stated that due to the fact that the clubhouse complex,pavilion, and pool will be served by the City of Sachse, impact fees will be paid to the City of Sachse. Mr. Maples stated that approximate sewer impact fees the City of Wylie will be losing amount to$9,584.80. Mr. Herzog addressed the Council and provided them the status of Phase I, II and III of the Woodbridge development. Mr.Herzog stated that they are 12-15 months ahead of schedule and anticipated an August opening of the golf course and June for the clubhouse. There was some discussion regarding the development time line for the Wylie development. Mr. Collins stated that there were issues that needed to be discussed with Mr. Herzog regarding the Wylie Development and water/sewer provisions. Councilman Young made a motion to approve a Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of wastewater treatment for the Woodbridge Golf Course Clubhouse Complex,Pavilion,and Pool. Councilman Scott seconded the motion. A vote was taken and the motion passed,6-0. Councilman Worley abstained. RESOLUTION NO.99-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SACHSE FOR THE PROVISION OF WASTEWATER TREATMENT FOR THE WOODBRIDGE GOLF COURSE CLUBHOUSE COMPLEX PAVILION,AND POOL AS LOCATED IN"EXHIBIT A". 6. Consider and Act Upon A Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of water service for the Woodbridge Golf Course Clubhouse Complex,Pavilion,and Pool. Mr. Maples addressed this item. Mr. Maples stated that this items was the second of three, related to the agreement with the City of Sachse to provide specific services to specific areas in the Woodbridge development. Councilman Scott made a motion to approve the resolution directing the City Manager to enter into an agreement with the City of Sachse for the Provision of water service for the Woodbridge Golf Course Clubhouse Complex, Pavilion, and Pool. Councilman Trout seconded the motion. A vote was taken and the motion passed, 6-0. Councilman Worley abstained. RESOLUTION NO. 99-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SACHSE FOR THE PROVISION OF WATER FOR THE WOODBRIDGE GOLF COURSE CLUBHOUSE COMPLEX PAVILION AN D POOL,AS LOCATED IN"EXHIBIT A". Wylie City Council Minutes February 22,1999 Page 5 7. Consider and Act Upon A Resolution of the City Council directing the City Manager to enter into an agreement with the City of Sachse for the Provision of wastewater treatment for the Woodbridge Golf Course Maintenance Facility, North Texas PGA Facility,and Golf Course Restroom Facilities. Mr. Maples addressed this item. Mr.Maples stated that this items was the last of three,related to the agreement with the City of Sachse to provide specific services to specific areas in the Woodbridge development. Councilman Scott made a motion to approve the resolution directing the City Manager to enter into an agreement with the City of Sachse for the Provision of water service for the Woodbridge Golf Course Clubhouse Complex, Pavilion, and Pool contingent upon Sachse/Garland approval. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 6-0. Councilman Worley abstained. RESOLUTION NO. 99-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF SACHSE FOR THE PROVISION OF WASTEWATER TREATMENT FOR THE WOODBRIDGE GOLF COURSE MAINTENANCE FACILITY,NORTH TEXAS PGA FACILITY AND COURSE RESTROOM FACILITIES,AS LOCATED IN"EXHIBIT A". Agreements 8. Consider and act upon approval of an Impact Fee Reimbursement Agreement with Centex Homes. City Manager, Mike Collins addressed this item. Mr. Collins provided a brief background regarding the agreement. Mr. Collins stated that the City of Wylie's 10-Year Water and Sewer Capital Improvement Plan identifies the major infrastructure improvements which are necessary to support the projected population growth during the 10-year period and that the projected construction costs for these projects are the basis for water and sewer Impact Fees which are currently assessed. Mr. Collins explained that in order to provide sewer service to Phases III, IV, and V of Newport Harbor, Centex Homes would need to construct a 12,205 linear foot, off-site gravity line which would connect the development to the Muddy Creek Interceptor line. Although a 12" line was all that was necessary to serve the subdivision and meet the City of Wylie's development standards, the CIP reflected a 21' - 24' line which would provide sewer service to a much larger service area. Mr. Collins stated that by working with the developers to construct a sewer line would not only provide the necessary services to the Newport Harbor Subdivision but would put the infrastructure in place to serve the entire area. Mr. Collins stated that staff met with representatives of Centex Homes who agreed to build the sewer line to the size reflected on the CIP. Mr. Collins stated that the Agreement proposed with Centex Homes calls for the City to reimburse the sewer Impact Fees which have been paid for the development and to participate in the cost of the over-sizing of the line and that the cost of the over-sizing will be paid to the developer as Wylie assesses and collects sewer Impact Fees for new development that will utilize the sewer line. Mr. Collins stated that the total amount to be reimbursed to Centex Homes is $600,000. Mr. Collins explained that the amount of sewer Impact Fees that have been paid by the developer for Phases III, IV, and V of Newport Harbor is $440.681.00, which will be reimbursed immediately upon approval of the Agreement by Council and that the balance of$159,319.00 will be reimbursed to the developer as sewer Impact Fees are collected from new developing tying on to the newly constructed sewer line. Wylie City Council Minutes February 22,1999 Page 6 The Agreement, he concluded, specifies that there is no certain date by which the $159,319.00 is due to the developer, but that the payment shall be made only as the Impact Fees are collected. There was some discussion regarding the responsibility to notify and track payments. Mr.Snellgrove, Finance Director, stated that they would set up spread sheet to track, set up fees allocated and reimbursed. Councilman Scott made a motion to approve the Impact Fee Reimbursement Agreement with Centex Homes. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. Replay 9. Consider and Act Upon a replat of the Westgate Center Phase I Addition,proposed John P. Pennington Investments, Inc., for the property generally located at the southwest corner of FM 544 and Westgate Way and being all of Lot 1,Block A,Westgate Center Phase I,an addition to the City of Wylie,Collin County,Texas. Mr. Maples addressed this item. Mr. Maples stated that the final plat under consideration is for the Westgate Center,Phase One Addition. The applicant is replatting one(1)lot into two(2) in order to develop the northern lot(Lot 1)with a restaurant(Taco Bell). The property is currently vacant,zoned I(Industrial), and platted as Lot 1,Block A,of the Westgate Center,Phase One Addition(19.6741 acres). Mr.Maples stated that staff has reviewed the proposed plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for ingress/egress. Specifically,the plat under consideration incorporates a variance request to Section 2.4 (Driveway Access Location). Stated more simply, there is a minimum distance upstream and downstream from adjacent intersections within which driveways should not be located. This separation distance varies with the classification of street and is shown in figure 2.3 (see attachment). The minimum driveway separation dimensions applicable to this property have been marked for your convenience. Mr. Maples stated that in order for this property to be in compliance and have access to FM 544, all points of approach would need to be at least 150 feet to the west of the Westgate Way and FM 544 intersection(measured from intersection of paving). Due to the fact that this property only has a total of 167.66 feet of frontage along FM 544,it is not possible for this development to be in compliance and have access to FM 544. In an effort to eliminate circulation problems and improve traffic flow,the applicant is requesting a variance for a driveway onto FM 544 to be located approximately 115-120 feet west of the Westgate Way and FM 544 intersection. Staff does support this variance request and recommends that it be approved. Specifically, Section 1.08 A. of the Subdivision Regulations authorize the Commission and Council to grant a variance to these regulations when it is determined that an unreasonable hardship may result from strict compliance. Mr.Maples stated that the applicant is also seeking a variance for the ingress/egress approach to Westgate Way. In order for this property to be in compliance and have access to Westgate Way,all points of approach would need to be at least 200 feet to the south of the Westgate Way and FM 544 intersection (measured from intersection of paving). If developed today as proposed, the approach onto Westgate Way would be in compliance as 200 feet exist between the said approach and the intersection of paving at the southwest corner of Westgate Way and FM 544. However,once FM 544 is expanded,the separation distance for the approach onto Westgate Way will be less than 200 feet. As a result,the applicant is seeking a variance for this approach in order to avoid future concerns regarding non-conforming status. Staff does support this variance request and recommends that it be approved. Specifically, Section 1.08 A. of the Subdivision Regulations authorize the- Wylie City Council Minutes February 22,1999 Page 7 Commission and Council to grant a variance to these regulations when it is determined that an unreasonable hardship may result from strict compliance. Mr.Maples advised that at the December 15, 1998,Planning and Zoning Commission meeting,the Commission voted by 6-1 to favorably recommend this case. Commissioner Dowdy voted nay based on concerns regarding traffic circulation associated with the variance requests for driveway separation. Mr. Maples stated that staff is recommending approval,subject to fmal engineering approval of the water and sewer connections and the plat being revised as follows: Add the following notes to the plat 1. "A variance from the requirements of driveway separation along FM 544 and Westgate Way is granted with this plat for Lot 1,Block A"and 2. "Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Law and is subject to fines and withholding of utilities and building permits. and revising the signature block to include an"Approved for Construction"section. Mr. Maples stated that the Department's of Public Works,Fire, and Community Development concur with this recommendation. Mr. Maples was then available for questions from Council. The applicant, Mr. Ken Harsh, briefly addressed council's concerns regarding traffic concerns. Applicant responded by stating that he was working with the Texas Department of Transportation to address any traffic related issues and approval. Councilman Worley made a motion to approve the replat of the Westgate Center Phase I Addition,proposed John P. Pennington Investments, Inc., for the property generally located at the southwest corner of FM 544 and Westgate Way and being all of Lot 1,Block A,Westgate Center Phase I,an addition to the City of Wylie, Collin County,Texas with the recommended stipulations. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. Public Hearing 10. Consider and Act Upon a request from Robert Heath for approval of a zone change form PD (Planned Development)for Retail,Office,Mini Storage,and B-1 Business or Office/Tech uses to (Planned Development)for Light Assembly,Indoor Auction,Retail,Office,Mini Storage,and B-1 Business or Office/Tech uses,for the property generally located at the southeast corner of SH 78 and Eubanks Lane and being all of a certain 6.1598 acre tract out of the Francisco De La Pina Survey,Abstract No.688,City of Wylie,Collin County,Texas. ZC.No.98-10 Mr.Maples addressed this item. Mr. Maples stated that the applicant is requesting rezoning on 6.1598 acres in order to add two (2) permitted uses to the existing Planned Development zoning classification previously approved by City Council on March 26, 1996. Specifically,the applicant is requesting that light assembly and indoor auction be approved as permitted uses on Lot 1. Light assembly and indoor auction uses are permitted by right within a B-2 (Business) district or as approved within a PD (Planned Development). Currently the property is partially developed with business and mini warehouse uses and zoned PD(Planned Development)for Retail,Office,Mini Storage, and B-1 Business or Office/Tech uses. Mr. Maples gave a brief description of the zoning of the property surround the proposed site. Wylie City Council Minutes February 22,1999 Page 8 Mr.Maples referred to the packet information,stating that notations with Planning&Zoning stipulations have been added after approval and that within the last 24 hours,the applicant has made all the recommended changes, per Planning and Zoning Commission.Mr. Maples stated that what is under consideration is two permitted used to lot 1. Mr.Maples stated that at the February 16, 1999,Planning and Zoning Commission meeting,a motion to approve the case per the applicant's request for a variance allowing temporary parking constructed of crushed concrete failed by a vote of 2-3. A second motion to recommend approval per the staff stipulations was approved unanimously. Mr.Maples explained that the Commissioners voting nay on the motion to approve per the applicant's request for a variance allowing temporary parking constructed of crushed concrete expressed the following concerns. 1) they did not want the City to set a precedent for substandard off-street parking; 2)Minimum paving standards for off-street parking were adopted for public safety purposes and,therefore,did not warrant a variance; and 3) Questions regarding whether or not enough off-street parking is provided. Specifically,the Commissioners stated they had concerns that the applicant would lose too many required parking spaces once the retail structure is built. There was some discussion regarding parking standards. Mr. Maples provided explanation as to how a new occupant would then require compliance with code standards. He then described with use of a map how new tenants would effect the separate buildings and code requirements. There was some discussion and concern regarding future expansion to a third building with regard to parking space and availability. Mr.Heath was then asked to come forward. Mr.Heath was asked what his intentions were for the fourth building and if retail was involved. Mr.Heath stated that he does have an interest in building. Council concerns were then for parking requirements. Mr. Maples explained that Mr. Heath must maintain 34 parking spaces and with additional expansion,those lost spaces would have to be replaced and gravel would need to also be replaced and brought up to code. Mr. Heath stated that he does own two acres of unimproved land that he could utilize for parking. Mr. Maples explained that the city will require only a minimum of 34 spaces and does not address overflow parking. Mr. Heath explained that if paved parking is put in prior to his expansion,the paving will be torn up to install utilities, therefore he is requesting a temporary solution of crushed concrete parking,which he will eventually bring up to code after the expansion is complete. Mr. Maples clarified that the Commission did not approve crushed parking and that Mr. Heath is before Council seeking their approval and that options are to deny or approve with stipulations that he develop according to code requirements. Mr. Heath suggested approval of crushed parking on specified area only(expansion site). The Mayor opened the public hearing and asked that anyone wishing to speak in favor or opposition of the zone change come forward,stating their name and address for the record. With no response the Mayor then closed the public hearing. Councilman Scott made a motion to approve the request from Robert Heath for approval of a zone change from PD(Planned Development)for Retail,Office,Mini Storage,and B-1 Business or Office/Tech uses to(Planned Development) for Light Assembly, Indoor Auction, Retail, Office, Mini Storage, and B-1 Business or Office/Tech uses,for the property generally located at the southeast corner of SH 78 and Eubanks Lane and being all of a certain 6.1598 acre tract out of the Francisco De La Pina Survey,Abstract No. 688, City of Wylie, Collin County, Texas, with the stipulation that all staff recommendations are met. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. Wylie City Council Minutes February 22,1999 Page 9 Staff Reports Assistant to the City Manager, Ms. Mindy Manson reported that the status of the Citizens Bond Advisory Committee. The Committee is now considering the revenue side of the issue and assumptions of growth and development over the next five years. The next meeting is March 1 and finance will be providing information on 1,2 and 3 cent increase would mean and how it would effect the average homeowner. They may be meeting on March 4 with recommendations to Council on March 9, 1999. Ms. Manson stated that the attendance has been good and that the Committee did not select a Chair. Ms. Manson called Council's attention to the schedule changes for Collin County Day. Mr.Collins stated that the scheduled worksession regarding the North Texas Municipal Water District Treatment Plant Agreement would not be held. Mr.Collins stated that comments were submitted to North Texas for review and they have asked for additional time to review. The worksession will be rescheduled. A worksession has been scheduled for March 9 for the Wage Plan. Councilman Scott asked for information as to how often and procedure used to evaluate directors and how and when they evaluate their employees and forms used. Executive Session The Mayor then adjourned into Executive Session at 8:07 p.m. in accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.071 Consultation with Attorney regarding pending litigation and Section 551.075 Conference with Employees to receive information and question employees regarding the City of Wylie vs. Ronnie Higginbotham Cause No. 19976107. 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. \i*. John dy,Mayor Attest: ar ara A. Sal. s, ity Secretary `�� � ''% 'N' SEAL 1 } Wylie City Council Minutes _� I".•���o February 1999 !E. Page