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07-13-1999 (City Council) Minutes MINUTES Wylie City Council Tuesday, July 13, 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,July 13, 1999 at 7:00 p.m.with the following Councilmembers present: Joel Scott,Reta Allen,Jim Swartz,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; Tobin Maples,Planning Director;Jack Jones,Public Works Superintendent and Barbara Salinas, City Secretary. Invocation The Mayor asked that Councilman Scott give the Invocation. Pledge of Allegiance The Mayor asked that Councilman Worley lead the Pledge of Allegiance. Citizens Participation There was no citizens participation. ITEMS FOR INDIVIDUAL CONSIDERATION Public Hearings 1. Hold a public hearing to consider and act upon a proposed amendment to Section 26,Accessory Building Regulations,of the Comprehensive Zoning Ordinance No.85-23A,for the City of Wylie, Texas. Mr. Tobin Maples, Planning Director addressed this item. Mr. Maples gave a brief history of the proposed amendment. He recommended the following amendments to the Comprehensive Zoning Ordinance. Section 26.3. An accessory building on a lot size of two(2)acres or less is restricted in height to 15 feet or the height of the main structure,whichever is less. An accessory building on a lot size of more than 2 acres is restricted in height to no more than the height of the main structure or two stories,whichever is greater. Section 26.4(2). Area of Building. The maximum square foot area for any-an accessory building on a lot size of two(2)acres or less shall be 600 square feet or-less. The maximum square foot area for an accessory building on a lot size of more than two (2) acres shall be 2000 square feet. All other existing requirements for accessory buildings,i.e.,height, size of yards,would still apply. The Mayor then opened the public hearing and asked that anyone wishing to speak either in favor of or opposition of the proposed amendments to the Comprehensive Zoning Ordinance to come forward, state their name and address for the record and limit their comments to three minutes. With no response,the Mayor then closed the Public Hearing. Wylie City Council Minutes July 13,1999 Page 1 Councilman Worley made a motion to approve the proposed amendment to Section 26, Accessory Building Regulations,of the Comprehensive Zoning Ordinance No. 85-23A,for the City of Wylie,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. ORDINANCE NO.99-13 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO 85-23A OF THE CITY OF WYLIE,TEXAS,BY AMENDING SECTION 26,ACCESSORY BUILDING REGULATIONS;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. 2. Hold a public hearing and act upon a request from Ballpen Venture II,L.P.for approval of a zone change from B-1 (Business)to SF-2(Single Family Residential)for the property generally located at the northeast corner of South Ballard and Cloudcroff and being all of a certain.2703 acre tract situated in the Allen Atterberry Survey,Abstract No.23,City of Wylie, Collin County,Texas. ZC.No.99-03 Mr. Tobin Maples addressed this item. Mr. Maples gave a brief history of the proposed zone change request. Mr. Maples advised Council that at the June 15, 1999 Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case. The Mayor then opened the public hearing and asked that anyone wishing to speak either in favor of or opposition of the proposed zone change request to come forward,state their name and address for the record and limit their comments to three minutes. With no response,the Mayor then closed the Public Hearing. Councilman Worley made a motion to approve the request from Ballpen Venture II,L.P. of a zone change from B-1 (Business)to SF-2 (Single Family Residential)for the property generally located at the northeast corner of South Ballard and Cloudcroff and being all of a certain.2703 acre tract situated in the Allen Atterberry Survey, Abstract No.23,City of Wylie,Collin County,Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed,7-0. ORDINANCE NO.99-14 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 SF-2,SINGLE FAMILY RESIDENTIAL DISTRICT CLASSIFICATION;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT'PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. 3. Consider and act upon a final plat for the Woodbridge Golf Club, generally located at the intersection of SH 78 and Woodbridge Parkway between Sachse Road and SH 78 being all of a certain 145.6831 acre tract situated in the Richard Newman Survey,Abstract No. 660,City of Wylie, Collin County, Texas and all of a certain 78.8387 acre tract situated in the Richard Newman Survey,Abstract No. 1072,City of Wylie,Dallas,County,Texas. Mr. Tobin Maples addressed this item. Mr. Maples gave Council a brief history of the final plat for the Woodbridge Golf Club. Mr. Maples stated that at the July 6, 1999 Planning and Zoning Commission Meeting, the Commission voted unanimously to favorably recommend this case subject to staff stipulations regarding the hike and bike trail. Owner/Developer,Mr. Don Herzog was present and available to Council for questions. Wylie City Council Minutes July 13,1999 Page 2 Councilman Swartz made a motion to approve the final plat for the Woodbridge Golf Club,generally located at the intersection of SH 78 and Woodbridge Parkway between Sachse Road and SH 78 being all of a certain 145.6831 acre tract situated in the Richard Newman Survey,Abstract No. 660,City of Wylie,Collin County, Texas and all of a certain 78.8387 acre tract situated in the Richard Newman Survey,Abstract No. 1072,City of Wylie, Dallas, County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed, 6-0,Councilman Worley abstained. 4. Consider and act upon a Resolution authorizing the City Manager to enter into an Agreement with the City of Sachse to provide wastewater treatment services for the residential portion of the Woodbridge Subdivision. Mr. Mike Collins, City Manager addressed this item. Mr. Collins stated that due to the success of the Woodbridge Development,the development on the Wylie side could occur quicker than anticipated. Mr. Collins stated that in order to provide service to this area,we would need to have our Wastewater Treatment Plant on line. This plant is currently under design and completion could be two or three years away. He stated that Mr. Herzog is requesting that we enter into an agreement with Garland,via their agreement with the City of Sachse,to provide temporary sewer to the residential portion of the Wylie Woodbridge Subdivision until the Wastewater Treatment Plant is completed. Mr. Herzog was present and addressed concerns of Council with regard to the agreement. Mr. Collins added that there were still a number of issues that would need to be resolved prior to acceptance of a formal agreement. Councilwoman Allen made a motion to authorize the City Manager to enter into an Agreement with the City of Sachse to provide wastewater treatment services for the residential portion of the Woodbridge Subdivision. Councilman Swartz seconded the motion. A vote was taken and the motion passed, 6-0. Councilman Worley abstained. RESOLUTION NO.99-16(R) 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 SUBDIVISION,AS LOCATED IN"EXHIBIT A". 5. Consider and act upon a preliminary plat for the Southplace Estates Phase III subdivision, proposed by Ballpen Venture II,L.P.,generally located at the northeast corner of South Ballard and Cloudcroft Drive and being all of a certain .2703 acre tract out of the Allen Atterberry Survey,Abstract No.23,City of Wylie,Collin County,Texas. Mr.Maples addressed this item. Mr. Maples provided Council with a brief history of the request. Mr. Maples stated that this request was subject to Council's action of Item No. 2,which Council voted to approve. Councilman Worley made a motion to approve the preliminary plat for the Southplace Estates Phase III subdivision,proposed by Ballpen Venture II,L.P.,generally located at the northeast corner of South Ballard and Cloudcroft Drive and being all of a certain .2703 acre tract out of the Allen Atterberry Survey,Abstract No. 23. City of Wylie,Collin County,Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed, 7-0. 6. Consider and act upon a preliminary plat for Phase II of the Birmingham Farms Addition, proposed by Birmingham Land,Ltd./Wylie Bilco,Inc.,for the property generally located north of Brown Street and Birmingham Elementary and west of the Pointe North Phase II subdivision and being all of a 88.925 acre tract situated in the M.Phalen Survey,Abstract No.695,and the D.Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas. Wylie City Council Minutes July 13,1999 Page 3 Mr.Maples addressed this item. Mr. Maples provided Council with a brief history of the request. Mr. Maples advised Council that at the June 15,1999 meeting of the Planning&Zoning Commission,the Commission voted unanimously to recommend denial of this case. He further stated that Section 212.005 of the Texas Local Government Code states that the municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared and that satisfies all applicable regulation. Mr. Maples stated that the plat has been reviewed by staff and found it to be in compliance with all applicable subdivision regulations and other pertinent ordinances of the City of Wylie and this case must be approved as it complies with state statues and the City of Wylie Subdivision Regulations. Staff is recommending approval subject to engineering approval of the fmal water,sewer and drainage improvement,and the addition of the screening note as detailed above. The applicant, Mr. Roger McGinnis was present and stated that they were in agreement with staff recommendations. There was some discussion regarding the selection of street names. Mr. McGinnis stated that the names were in reference to cities and counties from Alabama,but that they were open to suggestions. Councilman Worley made a motion to approve the preliminary plat for the Southplace Estates Phase III subdivision,proposed by Ballpen Venture II,L.P.,generally located at the northeast corner of South Ballard and Cloudcroft Drive and being all of a certain.2703 acre tract out of the Allen Atterberry Survey,Abstract No. 23, City of Wylie,Collin County,Texas,with the stipulated considerations. Councilman Young seconded the motion. A vote was taken and the motion passed, 7-0. 7. Consider and act upon a preliminary plat for Phase III of the Birmingham Farms Addition, proposed by Birmingham Land,Ltd./Wylie Bilco,Inc.,for the property generally located behind Dodd Elementary School along the north side of Park Blvd.and being all of a 116.335 acre tract situated in the J.McUlmurray Survey,Abstract No.629,and the C.Atterbury Survey,Abstract No.22,City of Wylie,Collin County,Texas. Mr.Maples addressed this item. Mr.Maples stated that this was an identical situation as that of Item No. 6. He again advised Council that Section 212.005 of the Texas Local Government Code states that the municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared and that satisfies all applicable regulation. Mr. Maples stated that the plat has been reviewed by staff and found it to be in compliance with all applicable subdivision regulations and other pertinent ordinances of the City of Wylie and this case must be approved as it complies with state statues and the City of Wylie Subdivision Regulations. Mr. Maples clarified for Councilman Scott a typo with reference to the number of lots listed on the plat. Mr. Maples and the applicant agreed that the number should reflect 303. The Mayor then cited the city attorney's opinion with regard to Section 212.005 of the Texas Local Government Code. Councilman Worley made a motion to approve the preliminary plat for Phase II of the Birmingham Farms Addition, proposed by Birmingham Land, Ltd./Wylie Bilco, Inc., for the property generally located north of Brown Street and Birmingham Elementary and west of the Pointe North Phase II subdivision and being all of a 88.925 acre tract situated in the M. Phalen Survey,Abstract No. 695, and the D. Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas. Councilman Swartz seconded the motion. A vote was taken and the motion passed, 7-0. 8. Consider and act upon an Ordinance annexing all of a certain 136.339 Acre tract situated in the William Patterson Survey, Abstract No. 716, Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254,Page 563 of the Deed Records of Collin County,Texas (DRCCT). Wylie City Council Minutes July 13,1999 Page 4 Councilman Young made a motion to remove this item from the table. Councilman Scott seconded the motion. A vote was taken and the motion passed,6-0,Councilman Worley abstained. Mr. Maples addressed this item. Mr. Maples provided Council a brief history of the request for annexation of the 136.339 acre tract situated in the William Patterson Survey. Mr. Maples explained the annexation procedure and state law requirements. Councilman Scott made a motion to approve the Ordinance annexing all of a certain 136.339 Acre tract situated in the William Patterson Survey, Abstract No. 716,Collin County,Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254,Page 563 of the Deed Records of Collin County, Texas (DRCCT). Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 6-0, Councilman Worley abstained. ORDINANCE NO.99-15 AN ORDINANCE ANNEXING A 136.339 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN HE WILLIAM PATTERSON SURVEY,ABSTRACT NO 716,BEING A PORTION OF A 157.53 ACRE TRACT OF LAND ACCORDING TO THE DEED RECORDED IN VOLUME 254,PAGE 563 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS(DRCCT);PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A' PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 9. Consider and act upon approval and fmal acceptance of the construction of miscellaneous water system improvements, and authorize final payment to TGR Constructors in the amount of$41,705.19 and accept the project as complete. Mr.Jim Jenks,Hogan Corporation addressed this item. Mr. Jenks provided Council with a brief history of the project involving the installation of approximately 8,500 total feet of water main at different locations throughout the city,including 1,500 feet of 8-inch water line to be installed along Ballard Avenue. Mr. Jenks stated that the Hogan Corporation and city staff are recommending final acceptance of the project and issuance of final payment to TGR Construction in the amount of$41,705.19. Councilman Young inquired as to a warranty period. Mr. Jenks stated that warranty is effective one year from date of acceptance/payment. Councilman Worley made a motion to approve final acceptance of the construction of miscellaneous water system improvements, and authorize fmal payment to TGR Constructors in the amount of$41,705.19 and accept the project as complete. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. 10. Consider and act upon a Resolution to reimburse certain capital and related expenditures with proceeds from future debt revenues from revenue bonds. Mr.Mike Collins and Mr.Brady Snellgrove,Finance Director addressed this item. Mr. Collins provided Council with the background on the issuance of the reimbursement Resolution. Mr. Collins stated that the projects for the$1.38 million issue include the design and right of way acquisition for new water and sewer lines,the Rush Creek Lift Station, and the inflow and infiltration rehabilitation projects. Mr. Snellgrove advised that the bond sale is scheduled for August 24, 1999,with bonds available to the City by September 30, 1999. Wylie City Council Minutes July 13,1999 Page 5 Councilman Trout made a motion to approve the Resolution to reimburse certain capital and related expenditures with proceeds from future debt revenues from revenue bonds. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. RESOLUTION NO. 99-17(R) A RESOLUTION DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT. 11. Consider and act upon a Resolution to reimburse certain capital and related expenditures with proceeds from future debt revenues from general obligation bonds. Mr.Collins addressed this item,explaining that this is the same situation as in Item 10,with the exception that revenues would be from the General Obligation Bonds. Mr. Collins stated that projects include$1,820,000 in street and sidewalk construction and improvements and$850,000 in drainage system construction and$480,000 in improvement to the City's park system. Mr. Snellgrove commented that our rating is currently"Baa"with a positive outlook from Moody's Investor' Service and that Standard and Poor's Rating Service is"A-". Mr. Snellgrove stated that the city's financial situation is good. Councilman Swartz made a motion to approve the Resolution to reimburse certain capital and related expenditures with proceeds from future debt revenues from general obligation bonds. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. RESOLUTION NO.99-18(R) A RESOLUTION DECLARING THE EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEED OF FUTURE DEBT. Reading of Ordinance Title & Captions approved by Council as required by City Charter, Article III, Section 13-D. Ordinance Numbers,99-13,99-14,99-15 titles and captions were then read into the record by the City Secretary. Resolution Numbers, 99-16(R),99-17(R) and 99-18(R)were then read into the record by the City Secretary. Staff Reports Mr. Collins reported on the status of the Bond Program. He also advised Council of upcoming Budget Worksessions scheduled for July 19 and 20,and the Joint Meeting with the Wylie Independent School District scheduled for July 29, 1999. There was some discussion of related WISD topics such as the joint cost sharing of installation of Fiber Optics. Ms.Manson reported on the July Jubilee activities and noted the correction to Council's calendar regarding the start time for the July 19 and 20 Worksessions,noting 6:00 p.m. Mr.Jack Jones,Public Works Superintendent reported on the status of the McMillian Road project and reported on the street projects, including Ballard Street. Council asked about the schedule for completion. Mr. Collins responded that the City has had no indication that the August 16 date was not still holding. The Mayor asked that two Council members remain and visit with residents of Ballard Street after this evening's meeting to discuss their concerns. Wylie City Council Minutes July 13,1999 Page 6 Executive Session Council did not convene into Executive Session. Adjournment. With no further business to come before Council,the meeting was adjourned at 8:10 p.m. Jo , ayor Attest: it:,/ /�' SEAL ara A. S as, City retary Ij �4i l'L I E Wylie City Council Minutes July 13,1999 Page 7