04-25-2000 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, April 25, 2000
Wylie Municipal Complex— Council Chambers
2000 State Highway 78 North
Council Present::Mayor John Mondy, Councilmaan Joel Scott, Councilwoman
Reta Allen,
Councilman Merrill
Young,Councilman J.C. Worley and Councilman Chris Trout.
Staff Present: Mindy Manson, Acting City Manager: Brady Snellgrove, Finance Director; Jack Jones, Capital
Projects and Barbara Salinas, City Secretary.
Councilman Scott was asked to give the invocation & Councilman Worley was asked to lead the Pledge of
Allegiance.
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Mr.Gary Bowland,Owner Ballard Street Café
Mr. Bowland expressed his concerns regarding historic preservation in the downtown area. He asked that staff
visit individually with property owners and investors and receive input from them before taking any formal action.
Ms.Jill Lowery— 1819 Spinnacre Way
Ms. Lowery expressed her concerns regarding the continuing problem with the ditch behind her home and lack of
assistance from the Council. The Mayor asked Mr. Jack Jones to visit with him at the conclusion of the meeting.
Ms.Julie Schmader—Member of Planning&Zoning Commission
Ms. Schmader voiced her concerns regarding Consent Agenda Item B. She expressed concerns regarding a
timeframe for the installation of the new waterline and the addition of housing before the existing problem has
been addressed. She also expressed safety concerns and lack of access to the(extended)drainage easement behind
the homes. She staged that these concerns were not expressed to Staff or the Chair of the Commission.
The Mayor then announced that the\ would move into Executive Session in accordance with Chapter 551,
Government Code. Vernon's Texas Code Annotated (Open Meeting Law), Section 551.074 Personnel Matters,
appointment of a new city manager.
As a result of the Executive Session the following action was taken.
Councilman Worley made a motion to appoint Mr. Anthony D. Johnson as the City Manager for the City of Wylie.
Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0.
The Mayor then introduced Mr. Johnson to the audience. Mr. Johnson addressed Council and those present
expressing his appreciation for the appointment as City Manager for the City of Wylie.
CONSL:NT.AGEN DA
A. 5pproval of the Minutes from the April 11.211011 Regular Meeting.
Minutes of April 25,2000
NVylie(1ty Council
B. Consider and act upon a preliminary plat for the Quail Meadow Addition, proposed by Carter& Burgess for
Centex Homes, for the property generally located along east side of FM1378 immediately south of the Newport
1[arbor development and being all of a certain 56.45 acre tract situated in the James Mcuhnurry survey,Abstract
No.629, City of Wylie,Collin County,'texas.
Councilman Worlcv asked to remove Consent Item B for discussion. Councilman Scott made a motion to approve
Consent Item A. Approval of the minutes from the Regular Meeting of April 11, 2000. Councilman Young
seconded the motion. A vote was taken and the motion passed, 6-0.
B. Consider and act upon a preliminary plat for the Quail Meadow Addition,proposed by Carter&Burgess for
Centex Homes,for the property generally located along east side of FM1378 immediately south of the Newport
I[arbor development and being all of a certain 56.45 acre tract situated in the James Mcuhnurry survey,Abstract
No.629, City of Wylie,Collin County,Texas.
Ms. Manson, Acting City Manager addressed this item and provided Council with a brief background of the
request,adding that bids were to be opened next week for the above ground tank.
There was some discussion regarding the elevated storage tank with regard to a time line for completion. Ms.
Manson stated that the tank would be installed at the North end of Newport Harbor addition. She stated that the
Engineer feels this will fill the needs of the development. The Mayor asked about a Pump Pressure Station, to
which Mr. Jones responded by stating that the pump will operate 24 hours a day to maintain pressure within the
line. He stated that bids would be opened next week.
There was some discussion regarding access. with the Mayor expressing concern regarding one mile of street with
no cut through. Ms. Manson stated that there would be an access point in subsequent phases of the development.
The applicant was present and came forward to provide Council with an explanation of three access points for
maintenance. The Mayor expressed concerns regarding existing problems that current property owners are now
dealing with and asked why these concerns have not been corrected before this request. The Applicant stated that
��-- these issues will be addressed when he has the legal right to correct.
Mr. Brent Pettigo Of Centex came forward to address Council. Mr. Pettigo stated that if approved, this Phase will
help the existing problems. He committed to Council that with plat approval, they will correct the existing
problems. He stated that they were not aware of any existing problems, which these types of complaints typically
go through city st;:l I.
Council also expressed their concern for the preservation of existing trees. The applicant stated that Centex would
try to preserve as many trees as possible. The applicant again restated that the best way to correct existing
problems is with plat approval. Mr. Pettigo committed to Council that they would clean the street, but the
drainage is a concern because they do not own the property.
Councilman Worley made a motion to table the Consent Item B until the next regular meeting of May 9, 2000.
Councilman Scott seconded the motion. A vote was taken and the motion passed, 6-0.
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1. (-onsider and act upon appointment of a hoard of director to the North Texas Municipal Water District Board.
City Secretary, Barbara Salinas stated that this is an annual appointment to the North Texas Municipal Water
District Board and that Mr. Fuller's term expires in May of 2000. She stated that Mr. Fuller had been contacted
and was willing to serve another two-year term.
Mr. Fuller was present and addressed Council briefly. He stated that he is interested and willing to serve another
term and that he is looking forward to the many challenges that face both the North Texas Municipal Water
District and the Cit. of Wylie.
Councilman Scott made a motion to reappoint Mr. Marvin Fuller as a director to the North Texas Municipal Water
District Board for a two-year tern expiring in Maw of 2002. Councilman Trout seconded the motion. A vote was
taken and the mot ion passed. t0-u
Minutes of April 25,2000
Wylie City Council
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„,,. 2 ('onside'.and act upon a Resolution acknowledging the city limits of the City of Garland and supporting the City,
of t:arla id's landfill.
Councilman Worlev abstained from vote and discussion on this item citing conflict of interest. The proper
documents were executed.
Ms. Manson, Acting City Manager provided Council with a brief background on this intent of the proposed
Resolution. She stated that this Resolution would settle two outstanding issues between the City of Garland and
the City of Wylie. The first is to indicate our support of the Raney Landfill and the second is for the City of Wylie
to acknowledge the portion of Garland's city limits that extend to the Olinger Power Plant on Lake Lavon. The
line has been adjusted over the vears to what exists today. which comes northeast out of Garland near Redwood on
the Lake and follows the shoreline of Lake Ray Hubbard. On the ease side of Lake Ray Hubbard,the line extends
east of the Lavon community up to the power plant however, Garland has agreed to release any claim to its ETJ.
With this resolution. the cite is acknowledging Garland's city limits and the fact that Garland desires to give and
release portions of its ETJ to Wylie.
Councilman Scott made a motion to approve the Resolution acknowledging the city limits of the City of Garland
and supporting the City of Garland's landfill. Councilwoman Allen seconded the motion. A vote was taken and
the motion passed. 5-0.
3. ('onside'.and act upon award of bid to J1).l Construction Company of Richardson,Texas to replace an existing 8”
clay, sewer line and construct concrete alley between Hilltop/Briarwood from Butler to Park Street.
Mr. Jack Jones. Capital Projects addressed this item providing Council with a brief background. Mr. Jones
explained that the 8- clay sewer line was budgeted in 1998/1999 Utility Fund Budget and that the line is
approximately 40 years old with numerous low areas which constricts gravity flow and can cause back ups. He
stated that this project is in conjunction with the 1999 bond project of construction of a concrete alley between
HilltopBriarwood from Butler to Park Street and will finish out a four-year program of reconstructing all alleys in
and around Dogwood. AVoodhollovv and Briarwood areas.
Mr. Jones stated that a combined cost of the two projects totals$131,951.00.
Councilman Worley made a motion to approve the award of bid to JDJ Construction Company of Richardson,
Texas in the amount of$13 1 I.du to replace an existing 8" clay sewer line and construct concrete alley between
HilltopBriarwood from Butler to Park Street. Councilman Young seconded the motion. A vote was taken and the
motion passed, 6-O.
4. hold a public hearing to consider and act upon a request from Tipton Engineering,Inc.,for approval of a zone
change from.5(_Agricultural)to PD(Planned Development)for a master planned single family neighborhood for
the property generally located along the south side of McMillen road and east of the Southfork Mobile Home
De.elupmm�t and icing all of a certain 50.7752 acre tract out of the John W.Mitchell Survey,Abstract No.589,
('its of V\vlir.( Ain('ounty,Texas./.('.No.99-III
Councilman Scott ul,ldc a motion to remove Item 4 previously tabled at the Regular Meeting of April 11, 2000 to
consider and act upon the request
Ms. Mindy Manson. Assistant City, Manager provided Council with a brief history of the tabled request.
The Mayor then opened the Pula i flearing asking that anyone wishing to speak either in favor or opposition of the
request come forward. stating name and address for the record and limiting their comments to three minutes.
Ms.Peggy Patrick 2(3 V'alccn
Ms. Patrick voiced her concern regarding flood plains and the protected interests of homeowners with regard to
insurance and inadequate protection. She cited the situation at Newport Harbor with regard to earthen ditches.
She raised concerns regarding inadequate city codes and the continued approval of Council for new development
that only adds to existing problems.
minutes or:kiwil 25,2000
Wylie('iiv Council
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Mr.Matthew Butschek— 1755 F.M. 1378
Mr. Butschek voiced his opposition to Council approval of Item 4. He stated that the development as proposed
violates the comprehensive plan. Mr. Butschek voiced his concerns regarding Council's continued violation of the
plan. Mr. Butschek quoted Prom the Staff Recommendations section,citing that this development is not consistent
with the wishes of the citizens of Wylie. He stated that this development also contributes to traffic problems and
that traffic is not addressed. and that only a study is called for. He stated that McMillian Road is not ready for
more traffic and that existing streets arc not adequate for additional development. Mr. Butschek stated that traffic
studies should be done in advance. not after.
The Mayor advised Mr. Butschcl: that he had fifteen i 15) seconds remaining to comment. Mr. Butschek stated
that he wished to express his coueerns. past the three minutes time limitation.
Mr. Butschek continued with eo utnlettts regarding parks and recreation needs, citing the need for a big park and
that the dedicated parkland vvas in a flood plain and not appropriate. With regard to flooding and existing
problems in Newport Harbor_ `:lr. Butschek stated that it is unreasonable to ask the developer to fix, but not
unreasonable for the city to address. citing that the developer does not have the tools. Mr. Butschek also added
with regard to drainage that concrete makes the situation worse.
Mr. Butschek stated that we need to also formulate a flood control plan and not violate the comprehensive plan by
approving the types of development that have been approved previously by Council.
Mr. Butschek stated that this situation is important to the citizens of Wylie. He stated that we want overall
planning that is going to be effective and not cost the taxpayers money to fix problems. He asked Council to put
this off and build up our infrastructure and parks then move forward and work together with developers.
Mr. Butschek stated that if Council goes ahead (with approval)they would be left powerless. Mr. Butschek stated
that implementation of the Art al 0, of the Wylie Hoincrule Charter states the process for recall and referendum.
At this point, the Mayor asked lira' Mr. Butschek cease his comments. Councilman Scott called for a five (5)
minute recess.
The Council recoilv cited after the live-minute recess and continued the Public Hearing. The Mayor asked that
anyone else who vyislhed to spe.,i. in opposition or in favor of the request, to come forward stating their name and
address for the record and aske tt ghat continents be limited to three minutes.
Julie Schmader Planning& Lon ing Commission/Resident Newport Harbor
Ms. Schmader voiced her opposition to the request citing lot size inconsistent with the Comprehensive Plan and
lack of perks from the developer_ i.e._ sidewalks and parking.
Catherine Butschek— 1755 F.Ji. 1378
Ms. Butschek spoke in opposition to the request. She stated that the Comprehensive Plan was as waste of the
taxpayer money and that this what she has been talking about with mismanagement and disregard for the
taxpayer money_ The Mayor '. nunded Ms. Butschek that comments were to be specific to the Public Hearing,
Item No. 4 and that she vvas to address the issue ouly. Ms. Butschek asked to be allowed to finish her comments
further stating that this is the disrespect that she has also been talking about, she again asked that she be allowed to
finish, and stated that the Comical was wasting her three minutes. The Mayor attempted to clarify that her
comments needed to be speck In ihe issue. to vv.hick Mrs. Butschek repeatedly stated that her time was being
wasted and that her contntent•, Mere directed to the issue of Item No. 4. After an exchange between Mrs.
Butshcek and Council. Mrs Runs.-chief continued.
Mrs. Butschek stated that the .tCv clopments along FM 1378, specifically D.R.Horton, are contributing to the
existing problems Hue stated D_R Morton vtonld be dumping water into the watershed behind the property.
Mrs. Butschek stated that the ,ioperty between D.R. Horton and her property would someday be developed.
Councilman Worley asked hovt !his pertained to the issue. to which Mrs. Butshcek asked that Councilman Worley
be quiet and allow lter to finish 'Die Mayor asked that Mrs. Butshcek be allowed to finish.
V'liuutcs of:April25,2000
Wylie City Council
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Mrs. Butshcek stated dial the v :tershed will travel dov%n to the McMillen Road area. She expressed concerns of
the velocity and \o!uine of vyai. r ,:oiling into the area and the possibilities of flooding on McMillien Road. She
suggested that a snide be dor. ,pith regard to these concerns. Again Mrs. Butschek stated that this is the
mismanagement and disregard I,,r cititens opinion that she has been talking about.
The Mayor then closed the publ nearing.
The applicant was present and ,tine forward to address Council. The applicant addressed both the audience and
Council specific to public continents. The applicant stated that they have been working on this project for six
months and feel tftc% Kaye brought forth a quality project. He stated that they have addressed issues with regard to
provision for future educational needs with a projected site for a future school. He stated that the park is designed
with an amenity center and ground was recently broke for an Olympic sized swimming pool. He stated that these
homes would sell for'I-t..000 iit s It,H.olb.
The applicant addressed by statiig That thcv havc provided larger access easements. He stated that they
are protecting the exist iil q trees .Ind hope to sage iuost. He stated that the city's traffic engineer has reviewed the
traffic situation. With regard to drainage issues. the applicant stated that they do have an agreement with Mr. Bob
Thurman, after requesting at the April I I. 2000 meeting to table so that they could finalize and bring forward to
Council with specifics. Fie prov ided Council with copies of the agreement with Mr.Thurman.
Councilman Worle', esprssed to concerns witch regard to development standards, specific to the weight of the
shingles. The appl It sated trial a!icr research_ the de;ernuned it would be best to require a"20-year shingle".
Councilman-Worley requested more information on this type of shingle as opposed to his request. Councilman
Scott asked who sonic of the NI tide:s arc. other than Ashton Woods. The applicant stated that possibly Plantation,
Newmark,and Sntherbv. concluding that it would provide a good mix.
..�, The Mayor had concerns regarding the status of the widening of McCreary road and future street signalization.
Mr. Stanton Foreseer. Transportation Engineer stated that the traffic study conducted did not warrant their
participation in the signa!izatioo. however. the de eloper has agreed to participation.
Councilman Worley evade a nu tuon to approyc the request from Tipton Engineering, Inc., for approval of a zone
change from A (AL.ricultural) PD (Planned De\c!opn cut) for a master planned single family neighborhood for
the property gener;Ilr located tlotte the south side of McMillen road and east of the Southfork Mobile Home
Development and being . 0.7752 acre tract out of the John W. Mitchell Survey, Abstract No. 589.
City of Wylie. Conlin Count% ryas. with the suputt,lion that the developer would contribute to intersection
control and traffic sued% and I.ualized agreement :with Mr. Bob Thurman. Councilwoman Allen seconded the
motion. A vote was taken and she !notion passed. o-u_
5. ( er and a,i ii ii a Dev elnpnunt Plan Preliminary Plat for McCreary Estates,proposed by Orinda Capital
I':,riners propertA ieucraiic ;,,gated at the northeast corner of FM 544 and McCreary Road just
w rib the tracks and beiut all 'I a certain 100.5989 acre tract out of the Moses Sparks Survey,
\!,tract Au. s4).( in of\y%iie,d ollin('uuuty.Texas.
Ms. Mindy Manson provided ( ouncil with a brief history of the request. The applicant, Mr. Gary Defrain was in
attendance and addressed Council,
Mr. Gary Detrain —8235 Douglas, Dallas, Teas
Mr. Defrain provided Council v,nth the history of his request. He displayed his plan for council's review pointing
out the open space on McCrcar% that did not take awn} from lots or roads and was approved by both police and
fire and also enhan,..ed die front or the development. Mr. Defrain cited corrections to Area C. He stated that PD
requirements state !tow C et ii i� 20- and this is what was approved. Secondly, he clarified the ROW easement
and dedication of,v Ict re;ary stating that it does Itoi require dedication,as a 50' easement already exists.
\prii 25,2000
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,... There was further discussion with regard to drainage and explanation of detention concerns. Mr. Defrain stated
that two detention areas are shown and that if detention is necessary, it can be done. Mr. Defrain expressed his
concerns regarding the possibility of restarting the entire process, as advised by the Planning & Zoning
Commission,due to uncertainty of the need for detention.
Ms. Manson explained that until completion of the PD process, details are not always knows at the Preliminary
Plating stage and can sometimes create problems for a developer. Mr. Defrain stated if detention is required, the
grading will be very subtle and lots will not be effected. Councilman Trout clarified that if detention is necessary
Mr.Defrain did have the means to provide and Mr. Defrain again confirmed.
He stated that pricing will be from$130,000 to$140,000 and that negotiations are continuing with builders.
Councilman Worley made a motion to approve the Development Plan/Preliminary Plat for McCreary Estates,
proposed by Orinda Capital Partners L.P.,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. Councilman Trout seconded the motion.
A vote was taken and the motion passed,6-0.
?.' RI SESSIO
Captial Projects Update
The scheduled work session was not held.
EXECUTIVEESSION 9::45 p m:>' >::>::>::>::>::>::>::>::>::»::>::>::>::::::::::::>::>::>::»;::;::::;.;.:::.;:..;... ,
The Mayor then moved into Executive Session in accordance with Chapter 551, Government Code, Vernon's
Texas Code Annotated(Open Meeting Law), Section 551.072 Real Property.
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No action was taken as a result of the Executive Session.
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With no further business to come before the Council,the meeting was adjourned.
John Mondy,Mayor
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Minutes of April 25,2000
Wylie City Council
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