03-27-2001 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, March 27, 2001
Wylie Municipal Complex— Council Chambers
2000 State Highway 78 North
Council Present: Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Merrill
Young,Councilman J.C. Worley and Councilman Chris Trout. Councilman Hogue was absent.
Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,
Finance Director;Mike Sferra,Director of Development Services; Richard Abernathy, City Attorney and Barbara
Salinas, City Secretary.
After calling the meeting to order, the Mayor then adjourned into Executive Session in accordance with Chapter
551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551. 072 Deliberation
Regarding Real Property; to deliberate the purchase, exchange, lease, or value of real property (100 & 200 Block
of North Jackson); Section 551.071 Consultation with Attorney; on a matter(Kansas City Southern) in which the
duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with this chapter.
Rev Eric Hartman, First Baptist Church of Murphy was present to give the Invocation and Councilman Trout was
asked to lead the Pledge of Allegiance.
There were no citizens that came forward for participation.
A. Approval of the Minutes from the Regular Meeting of March 13,2001.
Councilman Scott made a motion to approve the minutes from the regular meeting of March 13, 2001.
Councilman Trout seconded the motion. A vote was taken and the motion was approved, 5-0. Councilman Young
was excused during the Executive Session and Councilman Hogue was absent.
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1. Consider and act upon a Development Plan/Preliminary Plat for the Estates at Creekside Addition,
proposed by Campbell/Wylie Partners, for the property generally located south of Parker Road
(FM 2514)and east of McCreary Road (CR 245), being all of a certain 45.192 acre tract situated in
the Lewis M.Marshall Survey,Abstract No. 594,City of Wylie,Collin County,Texas.
Ms. Mindy Manson, Assistant City Manager addressed this item. Ms. Manson provided Council with a brief
history of the request. She stated that the applicant was present to address any of the Council's questions or
concerns.
Mr.Gary Defrain,8235 Douglas Avenue,Dallas,Texas
Mr. Defrain stated that the concept plan for this development was approved by the Council in November and the
proposed plan is in compliance with the subdivision ordinances of the City of Wylie. Mr. Defrain was then
available for questions from Council.
Minutes of March 27,2001
Wylie City Council
Page 1
Mr. Defrain stated that he has had discussion with the City Manager regarding the proposed sewer extension to the
Creekside property, extended by D.R.Horton to service their property. Mr. Defrain stated that he is extending the
sewer through the North half of Creekside Estates through the 105 acre Parker parcel in order to access this parcel.
He stated that although he would like to service the entire parcel, he will at a minimum service the lots that back
up to the flood plain,for environmental reasons. Mr. Defrain concluded that he is not extending sewer to another
jurisdiction, he is only extending through another jurisdiction to get to this development. He stated that he will be
working with staff prior to beginning the engineering phase. Mr. Defrain was then available for questions from
Council.
Councilman Scott asked about sewer connection agreements with some Parker Road property owners, to which
Mr. Defrain volunteered to read into the record.
Mr. Defrain stated that on the North East corner of the tract, he will be providing 4" sewer services and has agreed
to build a fence at the rear of lots 1, 2, and 3 of Block C. Said fence will match the existing fence of the property
owner. At the Northwest corner, he stated he has visited with Mr. Duncan and agreed to provide 4" sewer
services and not remove any of the trees along the common property line. He has agreed also to increase the rear
building line on lots 9-12 Block A from 25' to 30'.
A motion was made by Councilman Worley to approve the Development Plan/Preliminary Plat for the Estates at
Creekside Addition, proposed by Campbell/Wylie Partners, for the property generally located south of Parker
Road (FM 2514) and east of McCreary Road (CR 245), being all of a certain 45.192 acre tract situated in the
Lewis M. Marshall Survey, Abstract No. 594, City of Wylie, Collin County, Texas. Councilwoman Allen
seconded the motion. A vote was taken and the motion was approved, 5-0. Councilman Young was excused
during the Executive Session and Councilman Hogue was absent.
• •Recognition of Star Students—Character Traits"Honesty
The following students were present to receive recognition from the Mayor for their display of the character trait,
Honesty. Sean Ragsdale, Akin Elementary; Morgan Wood, Birmingham Elementary and Emily Klingbeil,
Hartman Elementary. Not present, but also honored, were Dillon Johnson, Dodd Elementary; Logun Liening,
Wylie Intermediate School and Michelle Hollingsworth, Wylie Junior High.
*Comprehensive Annual Financial Report
Mr. Jim Curry, representing the auditing firm of Pattillo,Brown and Hill, provided Council with a brief overview
of the Comprehensive Annual Financial Report concluding that they have given the City of Wylie a favorable
opinion with regard to our financial standings. Mr. Curry provided brief explanations from the Comprehensive
Annual Financial Report.
•Presentation of The Certificate of Achievement for Excellence in Financial Reporting by the
Government Finance Officers Association.
Mayor Mondy presented Mr. Brady Snellgrove, Finance Director, a plaque for Excellence in Financial Reporting
by the Government Finance Officers Association. This marks the eleventh year the Finance Department has
received this award.
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2. Hold a public hearing to consider and act upon approval of a request from Dale Powrie for
approval of a zone change from SF-3 (Single Family Residential) District to PD (Planned
Development) District for Retail, Professional Office and Single-Family Residential uses, for a
0.1865 acre tract located at 311 North Ballard Avenue, being all of Lot 17, Block 3 of the Brown
and Burns Addition,City of Wylie,Collin County,Texas. (Zoning Case No. 01-01)
Councilman Young returned from his excused absence and was present for the remainder of the meeting.
Minutes of March 27,2001
Wylie City Council
Page 2
Ms. Mindy Manson, Assistant City Manager addressed this item. Ms. Manson provided Council with a brief
history of the zoning request. Ms. Manson stated that the affirmative vote of at least three-fourths of all City
Council members is required to approve the requested zoning change because at least twenty percent of the
property owners within the notification area have responded in protest to the request. There was considerable
discussion with regard to the parking requirements and safety concerns.
The applicant Mr. Dale Powrie, 901 Crestwood, Richardson, Texas, was present to address any questions or
concern of Council. Mr. Powrie stated that they are providing a total of six parking spaces for the proposed
business. Four parking spaces will be located in the rear of the business and two additional spaces would be
provided in the front or the street. He stated that the rear parking would be primarily for residential use only and
that customer access to the business would be through the Ballard Street entrance.
The Mayor then opened the Public Hearing asking that anyone wishing to speak in favor or opposition of the zone
change request to please come forward and state their name and address for the record, limiting their comments to
three minutes.
Mr.Bill Lewis,725 Bennet
Mr. Lewis stated that he is the Birmingham Trust Executive Director. Mr. Lewis expressed his concerns regarding
the parking requirements. He also stated that he feels that if approved, this business would open the doors for
future business development and cause a deterioration of the historic atmosphere. Mr. Lewis also stated that he
felt that this would be considered spot zoning and reiterated his position that he opposes the business use within a
historic atmosphere.
With no further comment,the Mayor then closed the Public Hearing.
Councilman Scott asked Ms. Manson, Assistant City Manager, if this request would be considered spot zoning.
Ms. Manson stated that this would have to be determined by the courts,however, she stated that we would see how
the proposed zoning looked with the Comprehensive Plan and that many factors would be considered, such as is
the zoning contrary to the development in the area. She concluded that the proposed zoning is supported by the
Comprehensive Plan. Ms.Manson also added that the Birmingham House is zoned for office use.
Councilman Worley made a motion to approve the request from Dale Powrie for approval of a zone change from
SF-3 (Single Family Residential)District to PD(Planned Development)District for Retail,Professional Office and
Single-Family Residential uses, for a 0.1865 acre tract located at 311 North Ballard Avenue, being all of Lot 17,
Block 3 of the Brown and Burns Addition, City of Wylie, Collin County, Texas. Councilwoman Allen seconded
the motion. A vote was taken and the motion was approved,6-0. Councilman Hogue was absent.
3. Consider and act upon approval of a Resolution of the city council of the City of Wylie, Texas,
determining a public necessity to acquire, by purchase or condemnation, certain property; giving
notice of an official determination to acquire property for the stone road paving project;
establishing procedures for the acquisition,by purchase or condemnation,of property.
Mr. Chris Holsted addressed this item. Mr. Holsted provided Council with a brief background on the intent of the
Resolution. Mr. Holsted stated that staff is recommending approval in order to establish a public necessity to
acquire property for the Stone Road project.
Councilman Worley made a motion to approve the resolution of the city council of the City of Wylie, Texas,
determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an
official determination to acquire property for the stone road paving project; establishing procedures for the
acquisition,by purchase or condemnation,of property. Councilman Trout seconded the motion. A vote was taken
and the motion was approved, 6-0.
Minutes of March 27,2001
Wylie City Council
Page 3
4. Consider and act upon acceptance of the Comprehensive Annual Financial Report after
presentation by the audit firm of Pattillo,Brown&Hill
Councilman Scott made a motion to accept the Comprehensive Annual Financial Report. Councilwoman Allen
seconded the motion. A vote was taken and the motion was approved, 6-0.
5. Consider and act upon approval of an amended easement within Community Park and Founders
Park.
Anthony Johnson, City Manager addressed this item. Mr. Johnson explained that Aerie Network Services, Inc.. a
telecommunication company,has requested approval of a telecommunication easement within the existing pipeline
easement which runs through both Community and Founders Parks. This easement will not place any additional
limits on the use of the property beyond what already exists from the original pipeline easement and has been
coordinated with the Wylie Independent School District, particularly where it crosses Community Park onto
School District property. The length of the easement through Community Park is 1200' and 2035' through
Founders Park.
Mr. Johnson stated that after discussions, it was agreed that compensation for the easement would be $1 per foot
plus$1 per foot for damages for a total of$6,470.00.
Councilman Worley made a motion to approve the amended easement within Community Park and Founders Park.
Councilman Young seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman
Hogue was absent.
6. Hold the second of two Public Hearings for the Annexation of land being a 359.66 acre tract of land
situated in Collin County, Texas and being a part of the J.G. Jouett Survey, Abstract No. 475 and
the Aaron West Survey,Abstract No.979,and being part of those certain tracts conveyed to Joanne
Vanderweele, Successor Independent Administratrix, as described in Executor's Deed as recorded
in Collin County Clerk's File Number 95-0005773 and being all that certain tract of land described
in Quitclaim deed to Silas M. Hart and Charlene H. Hart, a called 69.25 acre tract of land as
recorded in County Clerk File No. 96-0091287, Deed Records, Collin County, Texas, said tract
being more particularly described by metes and bounds as in Exhibit A.
Mr. Mike Sferra, Director of Development Services addressed this item. Mr. Sferra provided Council with a brief
description and location of the land proposed for annexation. The applicant, Skip Klinefelter of the Red Group
Development Services was present to address any questions or concerns from Council. Mr. Klinefelter stated that
it is their intention, if the annexation is approved, to develop the area into a Master Plan community of oversized
lots and provisions for open space. Mr. Klinefelter was appreciative of the response he has received from the City
of Wylie staff.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or in opposition
of the annexation 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.
7. Hold the second of two Public Hearings for the Annexation of land being all that certain lot,tract
or parcel of land situated in the FRANCISCO DE LA PINA SURVEY,ABSTRACT NO. 688, City
of Wylie, Collin County, Texas, and being a part of that 2.939 acres tract of land as described in a
Warranty deed from Rockwall Lot Leveling & Grading, Inc. to Paul C. Merritt and Richard A.
Williams, dated February 14, 1985 and being recorded in Volume 2070, Page 140 of the Land
Records of Collin County,Texas,said tract being more particularly described by metes and bounds
as in Exhibit A.
Mr. Mike Sferra was present to address this item. Mr. Sferra stated that it was staff's understanding that this
property had previously been annexed,however,it was recently discovered that due to an error it was not annexed.
The proposed action will rectify the error, should Council chose to approve the request. Mr. Sferra stated that the
applicant was not present.
Minutes of March 27,2001
Wylie City Council
Page 4
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or in opposition
of the annexation 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.
As a result of the Executive Session, Councilman Trout made a motion to authorize the City Manager to enter into
an easement agreement between Kansas City Southern and the City of Wylie, subject to approval by the City
Manager and City Attorney. Councilman Scott seconded the motion. A vote was taken and the motion was
approved, 6-0. Councilman Hogue was absent.
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With no further business to come before Council,the meeting was then adjourned at 7:55 p.m.
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Minutes of March 27,2001
Wylie City Council
Page 5