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04-24-2001 (City Council) Minutes MINUTES Wylie City Council Tuesday, April 24, 2001 Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director; Claude Thompson, Planner; Chris Holsted, City Engineer; Mike Sferra, Director of Development Services and Barbara Salinas,City Secretary. .................................................................................................................................................................................................................................................. Rev. Mona Bailey, Corinth Presbyterian Church,gave the Invocation and Councilman Trout was asked to lead the Pledge of Allegiance. Mid-Year Budget FY2000-2001 Mr. Brady Snellgrove, Finance Director provided the presentation on the Mid-Year Budget Amendments. It was clarified that the funding for the amendments were previously approved by Council, however, there were some items that were new requests, specifically within Development Services, Library overtime, to which Mr. Snellgrove provided detailed explanation. Mr. Dale Jackson, Building Official was present to provide more detail on the new computer system to be utilized by the Building Inspections department. He described how the system will enhance customer service and streamline the permitting system. Mr. Jackson stated that the time frame for operation will depend on how long it will take to get the server built. He estimated that if it takes 3 weeks to build, they could be on line within an additional 2-3 weeks. Mr. Jackson also offered an explanation of the personnel upgrade from Permit Clerk to Permit Technician, stating that the position will involve more than clerical paper work and will now include the review and approval of fence, lawn irrigation and accessory building permits. There was also some discussion regarding the certification pay for the inspectors, Councilman Young asked that staff look also at Health Certificate incentive. There was some discussion regarding the requests for additional personnel during mid-year. Councilman Scott asked that staff review their needs during the preparation of the Budget,avoiding mid-year requests. Mr. Johnson stated that some requests were necessary due to our continued growth. Mr. Snellgrove concluded that the General Fund remains at 14%,with 12%considered acceptable. COMO `[A : . ....... . A. Approval of the Minutes from the March 26th Special Called Meeting and the March 27 &April 10, 2001 Regular Meetings. Councilman Scott made a motion to approve the Minutes from the March 26th Special Called Meeting and the March 27 and April 10, 2001 Regular Meetings. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 7-0. Minutes of April 24,2001 Wylie City Council Page 1 1. Consider and act upon approval of an ordinance of the City of Wylie, Texas, establishing a sinking fund for the funding of those certain agreements by and between the City, Collin County and the Kansas City Southern Railway Company; providing for the levying and collection of a sufficient tax to pay the interest on such obligation; pledging such for the payment of said amount; containing other incidental and related matters; providing a severability clause; repealing all conflicting ordinances; and providing an effective date. Ms. Manson, Assistant City Manager provided Council with a brief background on the intent of the proposed ordinance. She stated that this was necessary as a follow up to previously approved agreements with Kansas City Southern Railway Company to create and maintain a Sinking Fund for the debt created by the original and supplemental agreements. Councilman Trout made a motion to approve the ordinance of the City of Wylie, Texas, establishing a sinking fund for the funding of those certain agreements by and between the City, Collin County and the Kansas City Southern Railway Company; providing for the levying and collection of a sufficient tax to pay the interest on such obligation; pledging such for the payment of said amount; containing other incidental and related matters; providing a severability clause; repealing all conflicting ordinances; and providing an effective date. Councilman Young seconded the motion. A vote was taken and the motion was approved, 7-0. Items 2, 3. and 5 were advertised for 7:00 p.m., therefore the Mayor moved to Item 4. 4. Consider and act upon adopting the Water and Waste Water Master Plan Update. Mr. Chris Hoisted provided Council with a brief presentation of the process and intent of the Water and Waste Water Master Plan Update. Councilman Trout made a motion to approve the Water and Waste Water Master Plan Update. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 7-0. The Mayor then moved to Item 6 on the Agenda. 6. Consider and act upon an appointment to the Planning & Zoning Commission, filling an unexpired term. Councilman Scott made a motion to appoint Mr. Michael Phillips to fill the unexpired term of Mr. Phillip Trammel on the Planning and Zoning Commission, expiring July of 2002. Councilwoman Reta Allen seconded the motion. A vote was taken and the motion was approved, 7-0. 7. Consider and act upon an appointment of an alternate member to the Zoning Board of Adjustment. Councilman Scott made a motion to appoint Mr. Wayne Morman to fill the unexpired term of Mr. Michael Phillips, expiring July of 2002; and Mr. Layne LeBaron to fill the vacancy as an alternate, term expiring July of 2002. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 7-0. Minutes of April 24,2001 Wylie City Council Page 2 8. Consider and act upon a waiver of alleys and a Final Plat for the Twin Lakes Phase IV Addition, generally located south of Alanis Drive and east of South Ballard Avenue (FM 2524), to the east of Twin Lakes Phase I, being all of a certain 32.782 acre tract situated in the Allen Atterberry Survey,Abstract No. 23, City of Wylie, Collin County, Texas. Mr. Claude Thompson, Planning Director provided Council with a detailed presentation of the history of the request for the waiver of alleys and final plat. Mr. Thompson reminded Council that at the Planning and Zoning Meeting of April 17, 2001 the Commission voted to deny the final plat because it conflicts with the City's alley requirements, therefore, to overturn the Commission's recommendation, a 3/4 majority vote by the Council is required. Additional considerations are that the final plat as submitted, does not conform to the approved Preliminary Plat or to the Subdivision regulations of the City of Wylie, both of which require alleys. Also, no documentation is available to explain why alleys were not required in two phases that have been approved and accepted by the City. Phase I incorporated alleys; the Preliminary Plat for Phase II, which includes the area currently under consideration as Phase IV, was approved in 1988, but no final plats were approved and no further development occurred at that time beyond the Phase. Another version of a Phase II Preliminary Plat for the overall tract, very similar to the 1988 version, was approved by the Planning and Zoning commission in January of 1998 and by the City Council in February of 1998. That 1998 Preliminary Plat included alleys. The Final Plat substantially conforms to the Preliminary Plat approved in 1998, except that the current plat does not include alleys. However, two subsequent phases of the Twin Lakes Addition have been approved and developed without the required alleys. A smaller Phase II was completed in August of 1998 and Phase III was completed in November of 2000. The infrastructure was accepted by the City and Final Plats were filed with the County for both of the phases with no alleys. The applicant believes that the Council specifically granted a waiver of alleys for the Final Plats of both Phase II and III, as developed and accepted without alleys, as well as Phase IV and future Phase V. Both the applicant and staff concur that no documentation can be provided for issuance of an alley waiver. Ms. Brenda McDonald, representing Zena Land Development, 270 North Denton Tap Road, Ste 100, Coppell, Texas, 75019 was present and addressed Council. Ms. McDonald provided Council with a detailed background of the history of the property, dating back prior to 1987 when Phase I was initially platted. Ms. McDonald stated that she felt that the existing staff views the alley waiver procedure as a separate request. Ms. McDonald stated that if Council now required alleys, they will no longer meet the lot depth requirements. She stated that the alley width was put this into the lots; not creating more lots, only making larger lots and if alleys are now required, they will not meet the minimum lot size requirement. She also added that the existing plat kept the continuity of the development. Ms. McDonald stated that all of the engineering work has been completed based on the prior waiver which she feels that staff and the commission both believe was not done as a separate approval. She stated that if the waiver is not granted it would be a significant hardship on the developer at this point. As a representative of the developer, she asked that the Council acknowledge the prior waiver without alleys. There was some clarification for Councilman Worley as to the separation and future connection of Phase IV and V. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the alley waiver and Final Plat to come forward, stating their name and address for the record and limiting their comments to five minutes. Minutes of April 24,2001 Wylie City Council Page 3 Mr. Pat Difonzo, Zena Land Developer Mr. Difonzo stated that he felt they had adhered to the requirements of the City of Wylie. He stated that if denied, they would have to reengineer Phase IV which would mean a 2-3 month delay in the project. Mr. Difonzo clarified for staff that he has owned the property since 1997, after Phase I was complete. It was discussed and suggested that if the applicant chose to withdraw the request, they could readjust the southern portion of Phase IV and present to the Planning and Zoning Commission at their next meeting for their recommendation to Council. Mr. Difonzo again stated that City of Wylie submittal procedures would require them to re-engineer, which could take up to six weeks. A motion was made by Councilman Scott at 7:20 p.m. to table the item temporarily, moving to the next agenda item for Council consideration, to return within thirty minutes for action by the Council. Councilman Worley seconded the motion and the motion was approved, 7-0. 2. Consider and act upon an Ordinance annexing all of a certain 359.66 acre tract of land being a part of the J.G. Jouett Survey, Abstract No. 475 and the Aaron West Survey, Abstract No. 979; generally located on the south side of Stone Road and east of Troy Road. Mr. Mike Sferra, Director of Development Services provided Council with a brief background on request for annexation of the 359.99 acre tract of land. Councilman Joel Scott made a motion to approve the ordinance annexing all of a certain 359.66 acre tract of land being a part of the J.G. Jouett Survey, Abstract No. 475 and the Aaron West Survey, Abstract No. 979; generally located on the south side of Stone Road and east of Troy Road. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. 3. Consider and act upon an Ordinance annexing all of a certain 1.00 acre tract of land being a part of the Francisco de la Pina Survey, Abstract No. 688; generally located on the north side of State Highway 78. Mr. Mike Sferra, Director of Development Services provided Council with a brief background on request for annexation of the 1.00 acre tract of land. Councilman Scott made a motion to approve Ordinance annexing all of a certain 1.00 acre tract of land being a part of the Francisco de la Pina Survey, Abstract No. 688; generally located on the north side of State Highway 78. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 7-0. The Mayor then moved to Item 5. 5. Hold a Public Hearing to receive public input regarding the 10 year Capital Improvements Program (2001-2010) and the Maximum Calculated Impact Fees recommended by the Impact Fee Advisory Board Committee and consider adoption of the 10-Year Capital Improvements Program (2001-2010) and consider and act upon an ordinance of the City of Wylie, Texas amending the Impact Fees. Mr. Chris Holsted, City Engineer provided Council with a brief background on the process of the 10- Year Capital Improvements Program and the maximum calculated impact fees as recommended by the Impact Fee Advisory Board. Minutes of April 24,2001 Wylie City Council Page 4 The Mayor opened the Public Hearing asking that anyone wishing to speak either in favor or opposition of the 10 Year Capital Improvements Program (2001-2010) and the Maximum Calculated Impact Fees to come forward, stating their name and address for the record and limiting their comments to five minutes. Mr. Gary Defrain, 8235 Douglas, Dallas, Texas Mr. Defrain asked that staff clarify the application of the new fees, with regard to how it effects developments already in the platting process. Ms. Manson stated that the ordinance states that impact fees are paid at the time of final plat. Mr. Defrain stated that he has received correspondence during the preliminary platting phase that indicate the existing fees. The Mayor asked that staff respond to Mr. Defrain regarding his concerns. Mr. Harry James, Developer, Board of Directors for the Volunteers of America&HUD. Mr. James clarified that he was before Council as a member of the Volunteers group, one of the largest developers of affordable housing. Mr. James asked that Council consider the effect that the proposed impact fees will have on first time home buyers and asked that they also consider carefully when using impact fees. With no further comment the Mayor then closed the Public Hearing. Councilman Trout made a motion to approve the adoption of the 10-Year Capital Improvements Program (2001-2010) and consider and adoption of an ordinance of the City of Wylie, Texas amending the Impact Fees. Councilman Young seconded the motion. A vote was taken and the motion was approved, 7-0. The Mayor then moved to Item No. 9. 9. Consider and act upon approval of an Ordinance of the City of Wylie, amending the budget for Fiscal Year 2001, beginning October 1, 2000 and ending September 30, 2001; repealing all conflicting ordinances; containing a severability clause and providing for an effective date. The amendments to the FY2000-2001 budget were discussed previously during the posted worksession. Councilman Hogue made a motion to approve the Ordinance of the City of Wylie, amending the budget for Fiscal Year 2001, beginning October 1, 2000 and ending September 30, 2001; repealing all conflicting ordinances; containing a severability clause and providing for an effective date. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. The Mayor called for a five minute recess before returning to Item 8. A motion was made by Councilman Scott at 7:37 p.m. to remove Item 8 from the table for further discussion and action. Councilman Hogue seconded the motion and the motion was approved, 7-0. The Public Hearing still open,Mr.Difonzo again addressed Council. Mr.Pat Difonzo,Zena Land Developer Mr. Difonzo stated that he felt that it would cause a hardship to change philosophy, with regard to alley requirements, -in the middle of a development as well as hampering the interest of the community. He asked that Council honor the prior waiver,without alleys. Minutes of April 24,2001 Wylie City Council Page 5 .. With no further comment,the Mayor then closed the Public Hearing. A motion was made by Councilman Young to deny the waiver of alleys and a Final Plat for the Twin Lakes Phase IV Addition, generally located south of Alanis Drive and east of South Ballard Avenue (FM 2524), to the east of Twin Lakes Phase I, being all of a certain 32.782 acre tract situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-1. Councilwoman Allen voting in opposition. There were no citizens who came forward for participation. :g ggg:i.::::::t l ::::>::: MSMr i ` :`rtXP.*.gCA l 1 MB ll l 1 ................................................................................................................................................................................................................................................. igROVIREURNWTONCITCOMMORKINIMICKNOWSinf The captions for Ordinance Nos, 2001-16 through 2001-20 were read into the record, as required by Wylie City Charter, Article III, Section 13-D. ...........................................!�....................................................................................................................................................................................................... With no further business to come before the Council,the meeting was adjourned. ohn dy,Mayor ATTEST: ,,, . ar ara A A. , nas retary F fi iiir "4': Ij., Y�J Minutes of April 24,2001 Wylie City Council Page 6