09-11-2001 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, September 11, 2001
Wylie Municipal Complex— Council Chambers
2000 State Highway 78 North
The Historical Celebration of the 100,000th check out at the Rita & Truett Smith Public Library originally
scheduled for 5:15 p.m.was cancelled as a result of the national tragedy. The Celebration will be rescheduled to a
later date.
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; Chris Holsted, City Engineer; Claude Thompson,Planner and Barbara Salinas, City Secretary.
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Rev. Al Draper was present to provide the Invocation and Councilman Young was asked to lead the Pledge of
Allegiance.
The Mayor, assisted by the Mayor Pro Tern Scott presented Ms. Susie Fendrick, Wylie Independent School
District Coordinator of the HOST Program and several mentor representatives, the Proclamation declaring the
week of September 10,2001 as HOSTS (Helping One Student To Succeed)Week.
There was no participation.
A. Approval of the Minutes from the August 7,Special Meeting and August 28,2001 Regular Meeting.
Councilman Scott made a motion to approve the Minutes from the August 7, Special Meeting and August 28,2001
Regular Meeting. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved
7-0.
The Mayor then announced that the Council would move to Item No. 8 on the Agenda.
8. Consider and act upon a Preliminary Plat for the Wylie United Methodist Church Addition, being
that 15.00 acre tract described in deed to the Wylie United Methodist Church recorded in Volume
7386, Page 2560 of the Real Property Records of Collin County, Texas, and being situated in the
William Patterson Survey,Abstract No. 716,City of Wylie,Collin County,Texas.
Mr. Claude Thompson provided Council with a brief background on the request. He stated that both the Planning
and Zoning Commission and Staff are recommending approval.
Representatives from the Wylie United Methodist Church, Rev. John Thornton and Mr. Larry Johnson, 506
Horizon Court,Murphy, Texas,were both present to address any concerns of the Council.
Minutes of September 11,2001
Wylie City Council
Page 1
Councilman Worley made a motion to approve the Preliminary Plat for the Wylie United Methodist Church
Addition,being that 15.00 acre tract described in deed to the Wylie United Methodist Church recorded in Volume
7386, Page 2560 of the Real Property Records of Collin County, Texas, and being situated in the William
Patterson Survey, Abstract No.716,City of Wylie, Collin County,Texas. Councilman Trout seconded the motion.
A vote was taken and the motion was approved, 7-0.
Due to the national tragedy and the impact on all financial matters, Councilman Scott made a motion to table both
Items 1 and 2. Councilman Reta Allen seconded the motion. A vote was taken and the motion was approved, 7-0.
1. Consider and act upon approval of an ordinance authorizing the issuance of $4,500,000 General
Obligation Bonds,Series 2001,dated September 1,2001 and all other matters related thereto.
2. Consider and act upon approval of an Ordinance authorizing the issuance of$500,000 Tax Notes,
Series 2001,dated September 1,2001 and all other matters related thereto.
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The Parks and Recreation Facilities Development Corporation was called to order with the following members
present. Mayor John Mondy, Councilman J.C. Worley, Councilman Chris Trout, Councilman Eric Hogue, and
Shirley Burnett, Library Board Representative. Absent were Dan Chesnut and Jules Farmer, both Parks Board
Representatives.
la. Consider and act upon approval of the FY2002 4B Budget, authorizing expenditures for the
Community Services Facility Capital Improvement Plan.
Ms. Mindy Manson, Assistant City Manager, addressed this item stating the annual meeting of the Parks and
Recreation Facilities Development Corporation is a function of the Board to authorize expenditures for the
FY2001-2002.
Councilman Trout made a motion to approve the FY2002 4B Budget,authorizing expenditures for the Community
Services Facility Capital Improvement Plan. Councilman Worley seconded the motion. All those in favor,
signified by raising their right hands. The 5-0 vote was unanimous,all voting in favor of the motion.
3. Consider and act upon approval of the FY2002 4B Budget and Community Service Facilities
Capital Improvement Plan.
Ms. Mindy Manson, Assistant City Manager, addressed this item stating that approval of the FY2002 4B Budget
was the Council's part of the process to authorize the proposed budget expenditures.
Councilman Hogue made a motion to approve the FY2002 4B Budget and Community Service Facilities Capital
Improvement Plan. Councilman Worley seconded the motion. A vote was taken and the motion was approved,
7-0.
Minutes of September 11,2001
Wylie City Council
Page 2
4. Consider and act upon approval of an Ordinance 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.
Mr. Brady Snellgrove,Finance Director, addressed this item providing Council a brief explanation of the proposed
amendments to the FY2001 Budget. He listed the revenue changes to recognize the issuance of general obligation
debt for street construction of$4, 500,000 and$500,000 for computer systems for public safety and finance in the
General Fund. Expenditure budget increases included the purchase of land for $23,340 and $25,870 for a new
computer system in Municipal Court.
Councilman Worley made a motion to approve the Ordinance 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.
5. Hold a public hearing and consider and act upon approval of an Ordinance of the City of Wylie,
adopting a budget and appropriating resources for the fiscal year 2002, beginning October 1, 2001
and ending September 30,2002.
Mr. Brady Snellgrove, Finance Director, addressed this item stating that the Ordinance would officially adopt the
FY2001-2002 Budget appropriating said resources. He also added that, if approved, it would be adopted with a
lower tax rate of$0.005.
The Mayor then opened the public hearing and asked that anyone wishing to speak either in favor or opposition of
the adoption of the FY201-2002 Budget, to please 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 Scott made a motion to approve the Ordinance of the City of Wylie, adopting a budget and
appropriating resources for the fiscal year 2002, beginning October 1, 2001 and ending September 30, 2002.
Councilman Young seconded the motion. A vote was taken and the motion was approved, 7-0.
6. Consider and act upon approval of an Ordinance fixing the tax rate/levy for 2001 and for the Fiscal
Year 2001-2002 budget.
Mr. Anthony Johnson,City Manager addressed this item stating that this ordinance would adopt a tax rate for 2001
and for the Fiscal Year 2001-2002,and that the proposed tax rate represents a one-half cent decrease.
Councilman Hogue made a motion to approve the Ordinance fixing the(reduced)tax rate/levy for 2001 and for the
Fiscal Year 2001-2002 budget. Councilman Worley seconded the motion. A vote was taken and the motion was
approved, 7-0.
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7. Consider and act upon appointing the "Task Force Advisory Committee" for the Parks and Recreation
Open Space and Master Plan.
Ms. Mindy Manson, Assistant City Manager addressed this item providing Council with a brief description of the
intent of the consultant recommended Task Force Advisory Committee. After some discussion, it was decided to
postpone the appointments until the next regular meeting of September 25,2001.
Councilman Hogue made a motion to table Item No. 7, the appointment of a "Task Force Advisory Committee"
for the Parks and Recreation Open Space and Master Plan, until the next regular meeting of September 25, 2001.
Councilman Young seconded the motion. A vote was taken and the motion was approved, 7-0.
Minutes of September 11,2001
Wylie City Council
Page 3
Agenda Item No. 8 had previously been considered.
9. Hold a Public Hearing to consider and act upon approval of a change in zoning from Single Family
Residential—2 (SF-2)to Townhouse (TH/15),for Lots 1 and 2A of the Russell No. 1 Addition and
Lots 39A and 39D, Block 8 of the Brown and Burns Addition, being situated in the S.B. Shelby
Survey,Abstract No. 820,City of Wylie,Collin County,Texas. (Zoning Case No. 2001-09
Mr. Claude Thompson,Planner addressed this item providing Council with a brief history of the Zoning Case No.
2001-09. Mr. Thompson stated that the applicant is requesting the rezoning of the subject property in order to
develop attached residential units (duplexes or townhouses). The property is platted as Lot 1 and 2A of the
Russell No. 1 Addition and Lots 39A and 39D of the Brown and Burns Addition. A deteriorated and abandoned
residence occupies Lot 39A,and the other Lots are vacant. These parcels total 1.279 acres in size.
Mr. Thompson stated that Public Comment Forms were mailed to twenty-nine (29) property owners within 200
feet of this request and Five Public Comment Forms have been returned, two AGAINST and three FOR the
proposed rezoning.
Mr. Thompson stated that the applicant originally requested rezoning of a single lot for the development of a
limited number of duplex residences. However, case law has concluded that such small, limited-use zoning
districts are inappropriate. Furthermore, the newly adopted residential portion of the Zoning Ordinance provides
only the Townhouse and Multi-Family Districts to accommodate all types of attached housing, and no longer
provides for a specific Duplex District. The Townhouse District allows attached dwellings on individual lots, at a
density of up to 15 units per acre, and is intended to provide flexibility of development, adjacent to mixed use and
retail centers, and to mitigate environmental limitations. The proposed rezoning and anticipated duplexes comply
with the purpose of the Townhouse District.
Mr. Thompson stated that at the August 21, 2001 Planning and Zoning Commission meeting, Board voted 4-2 to
deny the zone change request because of non-conformance to the Comprehensive Plan. A three-fourths majority
vote by the City Council is required for approval of the requested change in zoning because the Planning and
Zoning Commission recommended the request be denied. Mr. Thompson stated that staff is recommending
Approval. The proposed zoning and use are compatible with the surrounding environment and existing
development and can serve as a redevelopment stimulus for the area.
The Applicant,Mr.Lawrence Newberry was present for any questions or concerns of the Council.
The Mayor then opened the public hearing and asked that anyone wishing to speak either in favor or opposition of
the Zoning request,to please 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 Trout made a motion to approve the change in zoning from Single Family Residential —2 (SF-2) to
Townhouse (TH/15), for Lots 1 and 2A of the Russell No. 1 Addition and Lots 39A and 39D, Block 8 of the
Brown and Burns Addition, being situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin
County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 7-0.
10. Consider and act upon an ordinance annexing all of a certain 49.277 acre tract of land out of the
Allen Atterbury Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979, and a
certain 1.041 acre tract of alnd out of the Aaron West Survey, Abstract No. 979, located east of
F.M.544 and north of Wheelis Road.
Ms. Mindy Manson addressed this item providing Council with a brief background of the annexation, stating that
adoption of the proposed ordinance will complete the process.
Councilman Scott made a motion to approve the ordinance annexing all of a certain 49.277 acre tract of land out of
the Allen Atterbury Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979, and a certain 1.041
acre tract of land out of the Aaron West Survey, Abstract No. 979, located east of F.M. 544 and north of Wheelis
Road. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0.
Minutes of September 11,2001
Wylie City Council
Page 4
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Mr. Robert Hager,Legal Counsel representing the City of Wylie, addressed council and requested that the Mayor
authorize an executive session in accordance with Section 551.071, Consultation with Attorney on a matter 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.
11. Consider and act upon approval of an ordinance imposing interim Impact Fees, establishing a
collection date,establishing a date to call a public hearing to amend the Impact Fees,and providing
for an expiration date.
Councilman Scott made a motion to approve the Ordinance imposing interim Impact Fees, establishing a
collection date, establishing a date to call a public hearing to amend the Impact Fees, and providing for an
expiration date. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0.
12. Hold a public hearing to consider and act upon an ordinance modifying the participation policies in
the Subdivision Regulations.
Chris Hoisted, City Engineer addressed this item providing Council with a brief background on the intent of the
Ordinance. Mr. Holsted explained that Section 6 of the Subdivision Regulations identifies facilities that are
eligible for City participation such as thoroughfares with a pavement width exceeding 18.5 feet per side and storm
sewers larger than 72-inches. The proposed ordinance modifies Section 6 and makes the cost for infrastructure
improvements the responsibility of the developer.
The Mayor then opened the public hearing and asked that anyone wishing to speak either in favor or opposition of
the proposed Ordinance, to please 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 ordinance modifying the participation policies in the
Subdivision Regulations. Councilman Young seconded the motion. A vote was taken and the motion was
approved, 7-0.
The Captions for approved Ordinances, Numbers 2001-37, 38, 39, 40, 41, 42,and 43 were read into the record by
the City Secretary.
At 7:05 p.m.the Mayor called for a five-minute recess before adjourning into the scheduled Work Session.
SESSION.:..
Update by City Engineer,Chris Hoisted,regarding the Kirby/Stone Alignment.
Mr. Chris Hoisted, City Engineer provided Council with a brief presentation of the proposed alignment for Kirby
and Stone. He presented an aerial photo with a draft of the proposed alignment, showing the Kirby/Stone
alignment as it continues east on Stone Road. There was some discussion regarding the required right of way
acquisitions and traffic concerns on Stone Road as it applies to the residents. Mr. Holsted provided an estimated
time frame of one year for this project (alignment only), with consideration given to design, right of way
acquisitions,and construction,after direction from council and staff.
Minutes of September 11,2001
Wylie City Council
Page 5
With no further business to come before the Council. the meeting was adjourned at 7:35 p.m.
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\ILiutes of September 11,2001
Wylie City Council
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