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12-14-1999 (City Council) Minutes MINUTES Wylie City Council Tuesday, December 14, 1999 - 6:00 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, December 14, 1999 at 6:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, Jim Swartz, J.C. Worley and Chris Trout. Councilman Merrill Young was absent. Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,Finance Director; Tobin Maples,Planning Director and Barbara Salinas,City Secretary. Invocation & Pledge of Allegiance Councilman Scott was asked to give the Invocation and Councilman Trout was asked to lead the Pledge of Allegiance. Proclamations and Presentations Presentation Lt.Mike Davis of the Wylie Police Department introduced the newest members of the Wylie Police Department to the Council. Introduced were, Officer Kelly Dennis, Officer Curtis Smith, Dispatcher Lisa Laird, Officer Stuart Joynt,and Officer Tom Walters. Presentation Mr.Bob Hogan,President of the Hogan Corporation was present to address Council. Mr. Hogan addressed the Wylie Ranch Estates drainage issues. Mr.Hogan stated that he had visited the areas yesterday, after the rainfall, and observed major drainage problems. He specifically cited the residence of Ms. Sharon Dowdy where the ponding in her front yard was severe. Mr. Hogan observed that her back yard was higher than her front yard which contributed to the ponding. Mr.Hogan also noted that ditches and pavement must be maintained in order to provide adequate drainage,due to the flat surface. He noted that many driveways are set a different elevations and that many ditches are filled and not maintained. Mr.Hogan stated that his firm was involved in the Kreymer Lane review and sanitary sewer design but was not involved with the street improvements. Mr. Hogan suggested that in order to provide drainage,the ditches must be lowered and maintained as well as driveway replacement. Mr.Hogan concluded by apologizing for any prior misunderstanding about the drainage issues. He further stated that the Hogan Corporation would like to continue evaluation of this situation and come back with a plan of action. He cited several solutions including, lowering ditches and permanent paving with storm sewers. He offered the services of the firm at no cost to the City. Councilman Worley asked for the Minutes from the Town Hall meetings conducted with the property owners , citing decisions made and existing problems with underground utilities. Councilman Worley also asked to see the original contract for the project. Wylie City Council Minutes December 14, 1999 Page 1 Mr. Collins advised that the original contract can be provided, however, the Town Hall meetings with the residents were informal meetings and no minutes were kept. He stated that the scope of the work would be detailed within the contract and available for review tomorrow. Proclamation Lt.Mike Davis provided Council with a brief history of the actions of Mr. Zach Fattani. The Amber Alert was activated on November 21, 1999 after a report of a possible child abduction. Mr. Fattani,employee of Northside Convenience Store heard the radio broadcast of the Amber Alert on the morning of November 21, 1999 and noticed a patron matching the description given. He immediately phoned the Wylie Police Department and the suspect was apprehended without incident and the child safely returned to her family. Mayor Mondy read a Proclamation recognizing the actions taken by Mr. Zach Fattani. Citizens Participation Consent Agenda A. Approval of the Minutes from the Regular Meeting of November 9 and Special Called Meeting of November 16, 1999. B. Consider and act upon a final plat for the Summit Private School Addition,proposed by Jonvitch, Inc.,for the property generally located at the southwest corner of Brown Street and Rustic Trail and being all of a 4.039 acre tract out of the Samuel B.Shelby Survey,Abstract No.820,City of Wylie,Collin County,Texas. C. Consider and act upon authorizing the City Manager to enter into an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of F.M. 1378. D. Consider and act upon authorizing the City Manager to enter into an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of South Ballard Avenue/Sachse Road. E. Consider and act upon authorizing the City Manager to enter into an Interlocal Agreement between Collin County and the City of Wylie concerning construction of Stone Road. F. Consider and act upon approval of a Resolution supporting submission of an application for a Texas Preservation Fund Grant. Councilman Scott made a motion to approve the Consent Agenda, provided the City Secretary research and determine the second to the motion on Page 3 of the November 9, 1999 Minutes. Councilman Swartz seconded the motion. A vote was taken and the motion passed,6-0. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Consider and act upon and ordinance Annexing all of a certain 4.9455 Acre tract situated in the John W.Mitchell Survey, Abstract No.589,Collin County,Texas. Wylie City Council Minutes December 14, 1999 Page 2 Councilman Worley abstained from any discussion and vote on Item No. 1 and completed the appropriate Conflict of Interest Affidavit. Councilman Scott made a motion to approve an ordinance Annexing all of a certain 4.9455 Acre tract situated in the John W. Mitchell Survey, Abstract No. 589, Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Young absent and Councilman Worley abstained. 2. Hold a public hearing to consider and act upon a request from Orinda Capital Partners L.P.,for approval of a zone change from A (Agricultural) to PD (Planned Development) for a master planned single family residential neighborhood, for the property generally located at the northeast corner of FM 544 and McCreary Road just north of the railroad tracks and being all of a certain 100.5989 acre tract out of the Moses Sparks Survey,Abstract No.849,City of Wylie, Collin County,Texas. ZC No.99-08 Mr. Tobin Maples,Planning Director gave an overview of this case citing specific considerations. He stated that the Commission voted 4-2 to favorably recommend, per the staff stipulations. Those voting in opposition, Commissioner Ahrens and George, expressed concerns regarding the proposed density as it relates to the objective so the Comprehensive Plan. Mr.Maples stated that this is the first case to be heard since the adoption of the Comprehensive Plan. He stated that the Comprehensive Plan does allow room to work and that they try to work with the developer and applicant, but that this case could set a precedent. The Mayor praised Mr.Defrain for his work on his previous plan,however,the Council is in a situation that they must decide whether to listen to the Commission or ignore the intent of the Comprehensive Plan and approve this case. Mr.Defrain addressed the Council and presented his case. He compared this development to a similar situation that developed in Flower Mound. He emphasized the need to make this entrance into Wylie a strong and vital one and that Council must weigh the Comp Plan, location and surrounding property. He described the property adjacent to the Railroad tracks and explained the reasoning behind placing the fronts of the homes toward the tracks, allowing use of the backyards. Their was discussion on exits to McCreary,to which Mr. Defrain responded that there are three ports of access. Discussion followed regarding collector and thoroughfares in the future. There was discussion regarding the lot size. It was noted that the Comp Plan indicates one acre lots for this area; average lot is 9,700. Mr. Defrain stated that one acre lots would be hard to market and that they would probably pass. The Mayor then opened the public hearing and asked that anyone wishing to speak either in favor of or in opposition of the Zoning Case to please come forward and state their name and address for the record,limiting their comments to three minutes. With no response the Mayor then closed the Public Hearing. Councilman Trout asked Mr.Defrain if he would consider making Tract C lots larger and Tract A smaller. There was some discussion on lot size with tracts and overall effect to the development. Councilman Scott asked if Council could table the case and send it back to the Planning and Zoning Commission. Mr. Defrain asked whether it could be tabled and come back to City Council, since Planning and Zoning had recommended favorably. Wylie City Council Minutes December 14, 1999 Page 3 At 8:00 p.m. the Mayor called for a five minute recess. The Mayor reconvened the meeting at 8:05 p.m. Mr.Collins explained that the next formal action would be to approve the Development Plan and Ordinance to adopt the Planned Development. Councilman Swartz made a motion to approve,with the conditions that have been identified this evening. The motion died for a lack of a second. Councilman Trout made a motion to deny. The motion died for a lack of a second. Councilman Scott made a motion to table and make sure all numbers are correct. He stated that in the Spirit of the Comprehensive Plan, he wished to keep as close as possible, citing larger lots. Councilman Scott then withdrew his motion. Councilman Scott then made a motion to table this item until the Special Called meeting of Saturday,December 18, 1999 at 8:00 a.m.to be held in the Council Conference Room of the Wylie Municipal Complex. Councilman Trout seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Young absent and Councilman Worley abstained. 3. Hold a public hearing to consider and act upon a request from Campbell Wylie Partners,for approval of a zone change from A(Agricultural)to MF(Multi-family),for the property generally located at the northeast corner McCreary Road and McMillen Road and being all of a certain 4.9455 acre tract out of the John W. Mitchell Survey,Abstract No. 589, Collin County,Texas. ZC.No.99-09 Councilman Worley abstained from any discussion and vote on Item No. 3 and completed the appropriate Conflict of Interest Affidavit. Mr. Tobin Maples addressed this item. Mr. Maples provided Council with a brief history of this case, recommending approval subject to Council approval of annexation. (Item 1) The Mayor then opened the public hearing and asked that anyone wishing to speak either in favor or opposition of this zoning case to come forward,stating their name and address and limiting their comments to three minutes. With no response,the Mayor then closed the public hearing. Councilman Scott made a motion to approve the request from Campbell Wylie Partners,for approval of a zone change from A (Agricultural) to MF (Multi-family),for the property generally located at the northeast corner McCreary Road and McMillen Road and being all of a certain 4.9455 acre tract out of the John W. Mitchell Survey,Abstract No. 589,Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Young absent and Councilman Worley abstained. 4. Consider and act upon a Preliminary Plat for the Redwood Mobile Home Estates Phase II addition, proposed by Graphic Engineering for Clayton Homes Inc., generally located at the southeast corner of FM 544 and Vinson Road and being all of a 23.4775 acre tract and all of a 34.5528 acre tract out of the E.M.Price Survey,Abstract No. 1114,City of Wylie,Dallas County, Texas. Mr. Tobin Maples addressed this item. Mr. Maples provided a brief history of this item. There was some discussion on street maintenance,which Mr.Maples stated would be the responsibility of the Mobile Home Park. He also added that the lots would be rented,not owned. Wylie City Council Minutes December 14, 1999 Page 4 Councihnan Worley made a motion to approve the Preliminary Plat for the Redwood Mobile Home Estates Phase II addition,proposed by Graphic Engineering for Clayton Homes Inc.,generally located at the southeast corner of FM 544 and Vinson Road and being all of a 23.4775 acre tract and all of a 34.5528 acre tract out of the E.M. Price Survey,Abstract No. 1114,City of Wylie,Dallas County,Texas. Councilman Swartz seconded the motion. A vote was taken and the motion passed, 5-0. Mayor Mondy voting in opposition. 5. Consider and act upon a final plat for Sage Creek Phase V,proposed by Tipton Engineering for Paramount Land Development,for the property generally located at the northwest corner of FM 544 and Spring Creek Parkway just north of the railroad tracks and Lakeside Estates Phase I and being all of a certain 15.3998 acre tract out of the Moses Sparks Survey,Abstract No.849, City of Wylie,Collin County,Texas. Mr.Tobin Maples,Planning Director addressed this item. Mr. Maples provided Council with a brief history of this case. Councilman Scott made a motion to approve the final plat for Sage Creek Phase V, proposed by Tipton Engineering for Paramount Land Development,for the property generally located at the northwest corner of FM 544 and Spring Creek Parkway just north of the railroad tracks and Lakeside Estates Phase I and being all of a certain 15.3998 acre tract out of the Moses Sparks Survey,Abstract No. 849, City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 6-0. Councilman Young was absent. 6. Consider and act upon approval of a formal request to the Planning &Zoning Commission to develop a Street Naming Policy recommendation. Ms. Mindy Manson,Assistant to the City Manager addressed this item. Mr. Manson provided Council with a brief explanation of this request. Councilman Trout made a motion to approve the formal request to the Planning & Zoning Commission to develop a Street Naming Policy recommendation. Councilman Worley seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Swartz voted in opposition and Councilman Young was absent. Staff Reports,,' City Manager, Mike Collins reported that staff would be meeting with KCS and TxDOT representatives regarding the FM544/78 intersection on Friday of this week and would Voice Mail and E-mail updates. He also reported that they would be meeting next week with Kirby Street property owners regarding the Kirby Street Project. Mr. Collins and Mr. Brady Snellgrove, Finance Directed updated Council on Y2K preparations and plans for the evening of December 31, 1999. Mr. Collins advised that he,the Assistant City Manager, Ms. Manson and both Police Chief Butters and Fire Chief English would be at the Complex to monitor any Y2K issues. Work Session + Development Services Presentation Mr. Tobin Maples,Planning Director and Ms. Shahla Layendecker, Building Official provided Council with a presentation of all phases of the Development Services operations. A handout was provided that gave detailed information on the goals,objectives and functions of each division. The presentation concluded with a tour of the Development Services Department. Wylie City Council Minutes December 14, 1999 Page 5 Adjournment. Jo Mondy, Mayor Attest: -per i , J0r, � r ara A.1S/as, Ci% S etary Wylie City Council Minutes December 14, 1999 Page 6