12-14-2004 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, December 14, 2004— 6:00 p.m.
Wylie Municipal Complex— Council Chambers
2000 State Highway 78 North
Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro
Tem Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom, and
Councilman Merrill Young. Councilman J. C.Worley was absent.
Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City
Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Interim Finance Director,
Ron Hutchison; Police Chief, Jeff Butters; Community Development Director, Mike Sferra; WEDC
Director, Sam Satterwhite; Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich.
.................:........... .
Reverend Mona Bailey with the Corinth Presbyterian Church gave the invocation and Councilman
Young led the Pledge of Allegiance.
• 2004 Outgoing Board and Commission Members Appreciation Presentation and
Appreciation to all current City of Wylie Board and Commission Members.
Mayor Mondy and Mayor Pro Tern Hogue presented Certificates of Appreciation and plaques to each
2004 Outgoing Boards and Commissions Members and thanked all current board members present for
their service on the City of Wylie Boards and Commissions.
Kathy Spillyards residing at 301 N. Jackson, Wylie, Texas addressed Council stating that, she was
excited to read that the city was planning the purchase of land and would like to ask council to consider,
with the new acquisition of property by the City of Wylie, the use of a portion of that property to
include a new expanded Library. She explained that many citizens were concerned about space at the
existing library and with the growing population, a new expanded library would be needed in the future.
CONSE1'�T A GENDt1
A itittU *under the Consent Agenda consiotot to he routine by the City Coouncil and will be
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A. Approval of the Minutes from the regular City Council Meeting of November 23, 2004.
(C. Ehrlich, City Secretary)
B. Consider and act upon Ordinance #2004-36 annexing all of a certain 66.194 acre tract of land
out of the Francisco De La Pina Survey, Abstract #688, Collin County, Texas and generally
located west of Stone road, east of Kreymer. (C. Thompson,Planning&Zoning Director)
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Wylie City Council
Page 1
C. Consider and act upon the approval of a Final Plat for the Rubalcava Addition.
(C. Thompson,Planning&Zoning Director)
D. Consider and act upon the approval of a Final Plat for the Akin Addition.
(C. Thompson,Planning &Zoning Director)
E. Review and accept Amendments to the Parks &Recreation Board By-Laws.
(R Diaz,Parks Supervisor)
F. Consider and act upon approval of a Resolution authorizing the City Manager to enter into
an Interlocal Agreement with Collin County for improvements to Olde City Park.
(M. Sferra, Community Services Director)
G. Consider and act upon a Resolution authorizing the City Manager to enter into a one year
Wrecker Service Agreement with Signature Towing, Inc. (J. Butters,Police Chief)
H. Consider and act upon a Resolution authorizing the City Manager of the City of Wylie,Texas,
to execute the lease-purchase agreement for laptop computers with Government Capital
Corporation. (J. Butters,Police Chief)
Councilman Trout stated that he would like to go on record for his continued opposition to the alley
waiver approved by Council at an earlier meeting, pertaining to Item D.
Council Action
A motion was made Councilman Young to remove Item B from the Consent Agenda to be considered
individually. Consensus of the Council was to remove Item B.
Council Action
A motion was made by Mayor Pro Tern Eric Hogue, seconded by Councilman Young to approve Items
A, C, D, E, F, G and H of the Consent Agenda as presented. A vote was taken and passed 6-0 with
Councilman Worley absent.
B. Consider and act upon Ordinance#2004-36 annexing all of a certain 66.194 acre tract of land
out of the Francisco De La Pina Survey, Abstract #688, Collin County, Texas and generally
located west of Stone road,east of Kreymer. (C. Thompson,Planning&Zoning Director)
Mayor Mondy announced that the Kreymer Annexation (Ordinance#2004-36)had been withdrawn by
the applicant with a letter to that effect on file.
Council Action
A motion was made by Mayor Pro Hogue, seconded by Councilman Trout to accept the withdrawal by
the Kreymer Family for the annexation of all of a certain 66.194 acre tract of land out of the Francisco
Minutes—December 14,2004
Wylie City Council
Page 2
De La Pina Survey, Abstract#688, Collin County, Texas ad generally located west of StoneRoad, east
of Kreymer(Ordinance#2004-36). A vote was taken and passed 6-0 with Councilman Worley absent.
1. Consider and act upon an Ordinance of the City of Wylie, Texas creating the Support
Services Department, and establishing the functions for the Department.
(M.Roath, City Manager)
Staff Comments
City Manager Roath addressed Council stating that under the City Charter, Article IV, Section 6 (A), entitled City
Council May Create Offices states that,"The city council may, after hearing recommendations of the city manager,
create or establish departments, offices, or agencies in addition to those provided for by this Charter, and may
prescribe the functions and duties of such departments, offices and agencies."
He explained to Council that this ordinance recommends the creation of the Support Services Department. The
new Department would consist of smaller units that primarily provide services to other City departments. This
Department would include the following divisions: Human Resources, Information Technology, Municipal Court
and Purchasing.
Council Discussion
Mayor Pro Tern Hogue asked Mr.Roath if the Assistant City Manager would be appointed to serve as the Director
of the newly established department and if that responsibility would be in addition to her other duties. Mr. Roath
replied that it would. Councilman Newsom asked when the proposed department would be implemented. Mr.
Roath replied that as soon as the creation was approved by Council,the implementation would begin.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve
Ordinance #2004-38 creating the Support Services Department, and establishing the functions for the
Department. A vote was taken and passed 6-0 with Councilman Worley absent.
2. Consider and act upon an Ordinance dividing the Department of Community Services,
creating the Building Department, establishing the function of the Department, creating the
Public Services Department, establishing the functions of the Department, abolishing the
Community Services Department, providing a Repealing, Severability and Savings Clauses
and Providing for an Effective Date. (M. Roath, City Manager)
Staff Comments
City Manager Roath addressed Council stating that this ordinance recommends the creation of the Building
Department. In addition, this ordinance recommends that the Community Services Department be renamed to
Public Services Department,which better reflects its field operation functions.
With approval of this ordinance, Building would be a stand alone Department—that is, equal to Planning and
Zoning, etc. In addition, the Code Enforcement Division would be removed from the Police Department and put
into this new Department.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Ordinance
#2004-39 creating the Building Department, establishing the functions of the Department, creating the
Public Service Department, establishing the functions of the Department, and abolishing the Community
Services Department. A vote was taken and passed 6-0 with Councilman Worley absent.
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Wylie City Council
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3. Consider all matters incident to approving and authorizing publication of Notice of Intention
to Issue Certificates of Obligation, including the adoption of a Resolution pertaining thereto.
(M. Manson,Assistant City Manager)
Staff Comments
Assistant City Manager Ms. Manson addressed Council stating that in Article VII Section 8 of the City Charter
establishes the City's right and power to borrow,with Section 8.D. further specifying the option of the issuance of
Certificates of Obligation. As proposed,the Resolution being considered authorizes the publication of the Notice of
Intent which sets out the City's plan to issue $6.35 million in Certificates of Obligation for the purpose of
purchasing 253 acres of land. The notice is to be published twice,with the planned Award of Bids and adoption of
the Ordinance to take place on January 11,2005. The proposed use of the property includes open space,recreation
facilities,and a municipal government complex. Per the contract with the Trust for Public Land,the closing on the
land is to take place prior to January 31, 2005.
Council Discussion
Mr. David Medanich representing First Southwest Group, 777 Main Street, Suite 1200, Fort Worth, Texas
addressed council stating that Ms. Manson had addressed the Issuance of Certificates of Obligation very well. He
commented that in addition to this item, there are previous bonds outstanding that will be called for in February,
2005. Mr. Medanich explained that these outstanding bonds have rates ranging from 4.75% to 6.80%. Mr.
Medanich made the suggestion to Council that when the sale of the new Certificates of Obligation are approved at
the January 11, 2005 Council meeting, that another action item be prepared addressing the previous outstanding
bonds and that the bonds be refunded and reissued with new bonds at a substantially lower interest rate, saving the
City somewhere around$285,000.
Council Discussion
Mayor Mondy asked Mr. Medanich what the trigger mechanism was for the previous bonds. Mr. Medanich
replied that there is no mechanism since the City is refunding the bonds and would just require an action approval
from Council. The day of the sale,the other bonds would be put on the agenda with the issuance of the Certificates
of Obligation and the cost for the duel action would save administration fees, overall. Mr. Medanich stated that
communication would be given to Council previous to the January 11, 2005 meeting pertaining to the refund for
the previous bonds.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve and
authorize publication of Notice of Intention to Issue Certificates of Obligation, including the adoption of
Resolution#2004-28(R) pertaining thereto. A vote was taken and passed 6-0 with Councilman Worley
absent.
4. Consider and act upon authorizing the City Manger to negotiate an Agreement with the Plano
Independent School District for the provision of sewer services to a 14 acre tract in the City of
Parker subject to final approval by City Council. (M. Manson,Assistant City Manager)
Staff Comments
Assistant City Manager Ms. Manson addressed Council stating that the City has received a request from the Plano
Independent School District(PISD)requesting sanitary sewer service to a 14 acre tract of land in the City of Parker
for a future school site. She explained some of the issues that staff had previously researched:
• Staff has examined the existing sewer in the area and has determined that there is sufficient capacity to
accommodate the school.
• A portion of the northwest section of the City of Wylie is within the PISD.
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Wylie City Council
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• The City of Parker is aware of the request.
• The PISD has indicated that it is not likely to build this school within the next three years,but wishes to
have the question of sewer resolved before proceeding with the purchase of the property.
• If the Council approves this item, the City Manager will negotiate an agreement with the PISD similar to
that which was approved for the residential development in far southeast Wylie. The agreement will
specify the location, land use, and that the PISD is responsible for the entire cost of the installation of
sewer, including any necessary off-site improvements.
Ms. Manson went on to explain that a representative was present from the PISD to answer any questions council
may have. Ms. Manson stated that she had also been in contact with WISD pertaining to this issue and WISD had
mentioned that they were looking at land in the same area that WISD may consider in the future. She went on to
explain that the extension of the sewer line may be beneficial to both PISD and WISD in the future. She stated that
boundary issues could be addressed during the negotiations as well.
Council Discussion
Mayor Mondy stated that he had reservations pertaining to providing services in outlying cities, especially when
some road issues in the area have not been addressed. Ms.Manson stated that the City of Parker was aware of the
request by PISD for the sewer extension and there was no concern stated by Parker. The portion of McCreary,the
area in question,will be addressed through a County Bond Project and will be widened in the future. This is not an
immediate construction and will be down the road two to three years. She explained that she had spoken to
representatives about boundary clarification along with the negotiations for the sewer line. Mayor Mondy asked
Ms. Manson if approving the negotiation to proceed would weaken the negotiating position for WISD on the
boundary issues. City Manager Roath stated that it would be appropriate to give staff authority to move forward
with the negotiations and address jurisdiction issues at the same time. He explained that ultimately whatever
negotiations came out of the discussions would come back to Council for final approval. Councilman Young stated
that there was an issue a few years back pertaining to PISD and the DeFrain Property where the property was split
into sections. Councilman Young stated that the PISD was not very cooperative dealing with that issue.
Representative Discussion
Mr. Bruce Larson, Director of Facility Planning and Construction for the Plano Independent School District
addressed Council stating that PISD was looking down the line at property for future school sights. He stated that
PISD had just passed a Bond Program which is a four year program which does not address this property. PISD
was in hopes that a path of discussion could open to address this future issue. Council asked about the capacity this
sewer extension would take. City Engineer Hoisted stated that it would not require a lot of capacity. Mayor Pro
Tem Hogue asked who would pay for the extension. Mr. Holsted stated that PISD would. Mayor Mondy asked if
others in Parker could tie on if approved. Ms Manson stated the agreement would restrict the usage to PISD. Ms.
Manson commented that a small portion of this area did service children in WISD. Mayor Mondy stated that there
were still a large amount of questions by council and asked if it would be prudent to table the item. Ms. Manson
stated that PISD needed some type of assurance that Wylie was agreeable to at least moving forward to
negotiations. Mr. Roath stated that WISD had mentioned that they were also interested in the purchase of land in
the area, thus, a sewer line might benefit both school districts. Councilman Newsom said if through the
negotiations, Wylie was not able to reach an agreement with PISD, would passing the resolution give PISD false
hope.
Council Action
A motion was made by Councilman Trout, seconded by Mayor Mondy to approve the Resolution
authorizing the City Manager to enter into negotiations with Plano Independent School District for
provision of sewer services to a 14 acre tract of land in the City of Parker subject to final approval by
City Council. A vote was taken and failed for lack of a majority vote with Mayor Mondy,
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Wylie City Council
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5. Consider and act upon a request to waive the alley requirement of the Birmingham Ranch
Subdivision Regulations. (C. Thompson,Planning&Zoning Director)
Staff Discussion
Planning Director Thompson addressed Council stating that the subject property is zoned SF-10, and the
Preliminary Plat creates 53 lots all exceeding 10,000 square feet. He explained that alleys serve limited functions
on such larger lots, as all functions(vehicular access, drainage, and utilities)are accommodated by other methods.
Abutting existing development does not have alleys and undeveloped property will not likely have alleys either.
Mr. Thompson commented that the elimination of alleys increases the number of lots and property tax revenue to
the City and eliminates costs to City for the maintenance of alleys.
On November 9, 2004, the City Council denied a request to waive the alley requirement on this property. The
applicant was absent at the November meeting and asked for this item to be placed on the agenda again.
Council Discussion
Mayor Mondy asked City Manager Roath why it was a favorable idea to waive alleys in this request. Mr. Roath
stated that the lots were over 10,000 sq.feet and it would allow for additional housing and tax revenue for the City.
He stated that the alleys are a cost to the City for maintenance and would be less expensive to the City to waive
alleys. Mr. Roath also commented that crime studies showed that crime rates were higher in areas with alleys.
Councilman Trout stated that the aesthetic value of having the alleys outweighed the cost.
Council Action
A motion was made by Councilman Trout seconded by Mayor Pro Tern Hogue to deny the request to
waive the alley requirement for Birmingham Ranch Subdivision. A vote was taken and passed 4-2 with
Councilman Newsom, Councilman Trout, Mayor Pro Tern Hogue, and Mayor Mondy voting for and
Councilwoman Allen and Councilman Young voting against.
Public Hearing/Individual Consideration
6. Conduct a Public Hearing and act upon the adoption of an Ordinance Abandoning a Portion
of the Cul-de-Sac located on Cooper Drive, Containing 0.072 acre, more or less, situated in the
S.B. Shelby Survey, Abstract No. 820 and being a portion of Cooper Drive Right-of-Way as
Dedicated to the City of Wylie According to the Plat of Wylie Industrial Park, Block A, an
Addition to the City of Wylie, Recorded in Volume 8, Page 55 of the Map Records of Collin
County, Texas.
(S.Satterwhite, WEDC Director)
Mayor Mondv recused himself from this item, filing a Conflict of Interest Affidavit.
Mayor Pro Tem Hogue presided during the discussion and action of Item#6.
Staff Comments
WEDC Director Mr. Satterwhite addressed Council stating that the Wylie Economic Development Corporation
(WEDC) purchased a 5.03 acre tract of land on State Highway 78 in 1999 from Extruders division of Atrium
Companies, Inc. Since that time, the WEDC has removed a 105,000 square foot extrusion plant from the site,
taken steps to ensure the environmental quality of the site, contracted with The Staubach Company to market the
site for retail and commercial development, and purchased 0.69 acres of excess right-of-way from Collin County.
The WEDC is currently under contract with Shafer Properties and The Cirrus Group to develop the site with a
mixed use of office and retail development. As per the contract with Shafer, the WEDC must commit funds
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Wylie City Council
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through an escrow agreement and construct the extension of Cooper Drive from the point at which the existing cul-
de-sac dead ends to the existing entrance on State Highway 78. Regardless of the outcome of the contract with
Shafer, the WEDC is constructing the extension as it directly impacts the contract with Cirrus and the overall
development of the site.
Mr. Satterwhite explained that Chapter 311.007 of the Texas Transportation Code allows for a Home-Rule
Municipality to abandon a street(or a portion thereof). Following formal approval of the abandonment ordinance
(Exhibit"G"), ownership of each parcel will automatically revert to the adjacent property owners. Mr. Satterwhite
stated that he would be happy to address any questions from Council and added that the President of WEDC and
two of its board members were present to answer questions as well.
Council Discussion
Councilman Trout asked Mr. Satterwhite if by abandoning the property the City was giving the property to the
adjacent property owners. Mr. Satterwhite replied that he believed that if the property was abandoned it would go
to the adjacent property owners. Councilwoman Allen asked about the utility easements. Mr. Satterwhite
explained that if they are in that portion of the right-of way, WEDC would be taking those utilities and extending
them along the Cooper Drive extension to serve the future development of the 5 acres located there. Councilman
Trout asked what the difference would be between abandoning it and maintaining it as an easement. Mr.
Satterwhite stated that there would be no difference other than cleaning the area up. City Engineer Mr. Hoisted
explained that this was excess right-of-way and was not needed by the City for any purpose.
Public Hearing
Mayor Pro Tem Hogue opened the Public Hearing at 6:45 pm.
With no one present to address council,Mayor Pro Tem Hogue closed the Public Hearing at 6:45 p.m.
Council Action
A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance
#2004-40 abandoning a portion of the Cul-de-Sac located on Cooper Drive, containing 0.072 acres,more
or less, situated in the S.B. Shelby Survey, Abstract No. 820 and being a portion of Cooper Drive Right-
of-Way as dedicated to the City of Wylie. A vote was taken and passed 4-1 with Mayor Pro Tern Hogue,
Councilman Young, Councilman Newsom, and Councilwoman Allen voting for and Councilman Trout
voting against with Mayor Mondy abstaining. Councilman Worley was absent.
Public Hearings
7. Hold a Public Hearing and act upon a change of zoning from Agriculture (A) to Planned
Development District (PD) for neighborhood retail and single-family residential uses of varied
densities. (PD at Brown & Kreymer- Zoning Case No. 2004-14). (C Thompson, Planning &
Zoning Director)
Mayor Mondy announced that Zoning Case #2004-14 had been withdrawn with a letter from the
applicant(D. R.Horton) on file.
Council Action
A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to accept the
withdrawal by the applicant. (D. R. Horton). A vote was taken and passed 6-0 with Councilman Worley
absent.
Minutes—December 14,2004
Wylie City Council
Page 7
8. Hold a Public Hearing and act upon a change of zoning from Single Family Residential-8.5
(SF-8.5/17)to Multi-Family(MF)Residential. (Parker Apartments-Zoning Case No. 2004-21)
(C Thompson, Planning&Zoning Director)
Staff Comments
Planning & Zoning Director Claude Thompson addressed Council stating that the existing deteriorated &
uninhabitable Woodlands Apartments (currently 12 units) are to be demolished and redeveloped. The subject
property is located at the dead-end intersection of Cotton Belt and Fleming. The railroad corridor abuts on the
south, and existing Rustic Oaks apartments abut to the west. It is uncertain whether the site remains platted in
several lots or has been replatted into a single lot, and will require replatting to convert to a single lot in order to
accommodate apartments.
Mr. Thompson reported that 35 Public Notification/Comment forms were mailed with 6 returned(1 favoring and 4
opposing and 1 unconfirmed)which represents 26%opposing within the legal area.Any opposing notifications that
represent 20%or more of the legal area(200 feet)will require a super majority of Council(6 affirmative votes)to
approve. Planning and Zoning Commission voted 5—0 to recommend approval on November 16, 2004.
Council Discussion
Councilwoman Allen commented that she thought that the one vote per property owner (within 200 feet of the
proposed zoning change)was the legal requirement for zoning cases. Mr. Thompson stated that the law was clear
that it was the owners representing the area of land within the 200 foot requirement by percentage. Councilwoman
Allen then asked if the applicant could go in and remodel without approval. Mr. Thompson stated that it would
require approval and replatting.
Public Hearing
Mayor Mondy opened the Public Hearing on Zoning Case#2004-21 at 6:55 p.m.asking anyone wishing to address
Council on this issue to come forward and limit their comments to 3 minutes.
With no one present to address council,Mayor Mondv closed the Public Hearing at 6:55 p.m.
Mayor Mondy reminded Council that due to the public responses of property owners within 200 feet of the Zoning
case, a Super Majority Vote of 6 would be required to pass.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve
Ordinance #2004-41 changing zoning from Single Family Residential- 8.5 to Multi-Family Residential
(Parker Apartments). A vote was taken and passed 6-0 with Councilman Worley absent.
Mayor Mondy recessed the meeting at 6:56 p.m.
Mayor Mondy reconvened the meeting at 7:01 p.m.
9. Hold a Public Hearing and act upon a change of zoning from Agriculture (A) to Planned
Development District (PD) for single-family residential uses. (Brand Tract-Zoning Case No.
2004-22) (C Thompson,Planning&Zoning Director)
Staff Comments
Planning and Zoning Director Thompson addressed Council stating that the property totals 100 acres, 40% of
which is occupied by the floodplain of Muddy Creek (including the Muddy Creek reservoir) and therefore is not
Minutes—December 14,2004
Wylie City Council
Page 8
developable for urban uses. Lakefield Drive(65 ft. wide collector)currently terminates at the western property line
and must be extended thru the property to connect with Country Club Road. The southern boundary is the
DART/KCS railroad corridor. The Lakefield Estates subdivision (PD 1999-18) abuts to the southwest, allowing
lots as small as 6,000 sq.ft. (although lots abutting directly to the subject property exceed 7,700 sq.ft.). Wooded
Creek(PD 2002-02) is developing along the northwest boundary with a minimum lot size of 7,200 sq.ft. (although
abutting lots exceed 8,600 sq.ft.). Mr.Thompson reported that 89 Public Notification/Comment forms were mailed
with 12 returned(3 favoring and 9 opposing). Simple majority is required for approval. The Planning and Zoning
Commission voted 5-0 to recommend approval with stipulations on November 16,2004.
Applicant Comments
Mr. Steve Sallman representing S. C. Parsons, Inc. addressed council stating the developer has come back to
Council with some of the highest minimum home sizes in the overall PD Districts. These minimums include: 50%
being a minimum of 2,100 sq.ft., 35%being a minimum of 2,200 square feet,and 15%being a minimum of 2,500
sq. ft. Adjacent properties will have the larger lots. Lot sizes proposed would be 50%would include; 7,200 sq ft.
or larger and 50% in excess of 8,500 sq. ft. of this 15%would be a minimum of 10,000 sq. ft. This proposed
development will include 43 acres of parkland and will be adjacent to the land the City is in negotiations to
purchase (the Wells Tract).He stated that the trails would connect to any future trails built by the City and if those
trails were not in place by the time the development was complete,the money would be put in escrow to complete
these trails at a later date. This will be a significant addition to the park plan the City has proposed. Mr. Sallman
added that some of the front drives had been eliminated.He stated that from the last meeting with Council the total
lots proposed had gone from 250 down to 200. Goodman Family Builders has committed to this development for
their Diamond line of homes.
Builder Comments
Mr. Mark Brown, representing Goodman Homes, 5901 Hempstead,Plano Texas, addressed Council stating that he
had presented to Council samples of the homes that would be built in this proposed neighborhood and would range
�.. at approximately $200,000. Mayor Mondy asked Mr. Brown what the Diamond Series was in comparison to their
other homes. Mr. Brown stated that this was their mid range homes in their product line. He explained that these
homes range in size from 1,700 sq. ft. to 3,500 sq. ft. Mayor Mondy asked how the builder would address trees in
the area.
Mr. Steve Parsons, representing S. C. Parsons, Inc. addressed Council stating that the trees would be retained
except where lots and amenities would be placed.
Public Hearing
Mayor Mondy opened the Public Hearing at 7:15 p.m. asking anyone present to address council on this issue to
come forward state their name and address and limit their comments to three minutes.
Mr.Joe Murphy residing at 1704 Lincoln Drive, Wylie,Texas(Residential Estates)addressed Council stating that
he felt this was a better proposal than the previous proposal but felt the square footage should be raised to 2,500 sq.
ft. minimums. He also was concerned about property values declining in the area and the traffic increase there will
be with the 200 additional homes. He stated that the Muddy Creek Reservoir was of a concern as well.
Mayor Mondv closed the Public Hearing at 7:20 p.m.
Council Discussion
Pro Tern Hogue commented that he would like to see larger homes in the PD. Council asked City Engineer Hoisted
how long it would take to complete the improvements to Hwy. 1378 to allow for better traffic flow. Mr. Hoisted
stated that the construction by TxDOT starting at Hwy. 1378 and Brown was due to start in one year. Completion
was estimated at 12 to 18 months. Mayor Mondy asked if some additions could be made to the PD Conditions.
Those additions included: minimum size homes starting at 2,400 sq. ft.; having an arborist survey the trees and
mark all trees over 6 inches or larger tagged and saved; rain free sensors on all sprinklers; duel water meters for
Minutes—December 14,2004
Wylie City Council
Page 9
all irrigation/residential lots, and energy star appliances in all proposed Goodman homes. Mr. Brown commented
that Goodman was an energy star approved builder. Mr. Sallman commented that it would be very costly for
homeowners to purchase duel water meters. Mr. Sallman asked for a moment to discuss the larger minimums.
Mayor Mondy asked Mr. Sallman and Mr.Brown to discuss this and reply to Council.
Mr. Sallman reported to Council that S. C.Parsons, Inc and Goodman could not commit to an overall minimum of
2,400 sq. ft. Councilman Newsom asked Mr. Sallman if Parsons could commit to 50% of the homes in this
proposed PD to be a minimum of 2,500 sq. ft., 35%being a minimum of 2,300 sq. ft., and 15%being a minimum
of 2,200 sq.ft. Mr. Sallman concluded that he could meet these proposed requirements.
Council Action
A motion was made by Councilman Newsom, seconded by Councilman Trout to approve Ordinance
#2004-42 (Zoning Case #2004-22) with stipulations requiring 50% of the homes to be constructed at a
minimum size of 2,500 sq. ft., 35%be a minimum of 2,300 sq. ft. and 15% be at a minimum of 2,200
sq. ft., and a Certified Arborist shall produce the Tree Management Plan required by the Zoning
Ordinance at time of platting, and shall supervise the preservation of protected trees during development
of the subdivision. A vote was taken and passed 5-1 with Mayor Mondy, Councilwoman Allen,
Councilman Trout, Councilman Young and Councilman Newsom voting for and Mayor Pro Tem Hogue
voting against. Councilman Worley was absent.
10. Hold a Public Hearing and act upon a change of zoning from Community Retail (CR) District
to Planned Development (PD) District for mixed retail and light industrial uses. (Greenway-
Carlisle Tract-Zoning Case No. 2004-23) (C. Thompson,Planning &Zoning Director)
Staff Comments
Planning and Zoning Director Thompson stated that the property has never been platted and will require platting
prior to initiation of development. The platting eliminates all vested rights to previous code regulations and
requires full compliance with current regulations.It is proposed to reconfigure the current 3 tracts into 2 tracts-
Tract A is 3.53 ac. along north/544 frontage, and is to comply fully with Community Retail regulations except to
allow drive-dun for banks and restaurants without SUP.
Tract B is 4.62 ac. to south/railroad, and is to comply fully with the regulations for Industrial except to allow CR
uses as well as distribution, light assembly and storage. Mr. Thompson reported that 20 Public
Notification/Comment forms had been mailed with 3 returned (2 favoring and 1 opposing). He explained that this
case will require a simple majority to approve. Planning and Zoning Commission voted 5-0 to recommend
approval with stipulations(noted in the PD)on November 16, 2004.
Applicant Comments
Mark Hardaway representing Greenway Investments, 2808 Fairmont, Dallas, Texas addressed Council stating that
his company had been working on this project for some time. This project is now under contract. Mr. Hardaway
presented Council with a site plan showing Council the irregular shape of the lot and the proposed position of the
building. Mayor Mondy asked how creative Greenway could be with the facade on the building. Mr. Hardaway
stated that Mr. O'Brian(architect for the project)is working on the final elevations and incentive points. The front
facade will be final at that time. Mayor Pro Tem Hogue asked why two separate buildings were proposed. Mr.
Hardaway stated that because of the layout of the property, two buildings were needed. Mayor Mondy stated that
this location was paramount and Council must have a beautiful design when presented to P&Z and Council. Mr.
Hardaway stated he was aware of this and would bring back a nice design.
Public Hearing
Mayor Mondy opened the Public Hearing on Zoning Case#2004-23 at 7:43 p.m. asking anyone present to address
Council on this issue to come forward state their name and address and limit their comments to three minutes.
Minutes—December 14,2004
Wylie City Council
Page 10
Mr. Jim Griffin residing at 2302 Foothill Road, McKinney, Texas addressed Council stating that he frequented
Wylie very often and had concerns about this area of town. He stated that he felt it was a great opportunity to add
the old town facade to this area and was very much in favor of the project.
Mr. Sam Satterwhite, WEDC Director addressed council stating that from an economic point of view that WEDC
supports the continued use of the distribution facility in the rear. Dealing with our own 5 acre site which is a deep
site, tailored for retail, I agree with their comments. When a City is looking at redevelopment and the ultimate
goal is to redevelop, I think that you automatically have to assume that the property could stay as is indefinitely
because when you grant that zoning, then you allow that use to continue indefinitely. Therefore, I would like to
see the Council pay attention to what Greenway and/or future owners propose to do with the facility in regards to
the base,parking lot and exterior. He stated that he believed with the building in the front, some of these concerns
would be taken care of. Mayor Mondy asked Mr. Satterwhite how he thought those issues would be best
addressed by Council. Mr. Satterwhite stated most were built in the agreement between Greenway and Sanden
regarding the application for a Certificate of Occupancy but will need the support of Council and Staff at that time.
Mayor Mondy asked Mr. Roath to compile a letter to that effect. Mr. Roath replied that a letter had already gone
out to Sanden addressing concerns pertaining to the future request for a Certificate of Occupancy on this property.
Mayor Mondy closed the Public Hearing at 7:50 p.m.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Ordinance
#2004-43 (Zoning Case#2004-23). A vote was taken and passed 6-0 with Councilman Worley absent.
11. Hold a public hearing and act upon a change in zoning from Agriculture (A) and
Neighborhood Services (NS) to Planned Development District (PD) for residential uses of
varied densities. (Rice Tract-Zoning Case No. 2004-25) (C. Thompson, Planning & Zoning
Director)
Staff Comments
Planning & Zoning Director Thompson addressed Council stating that the property was annexed September 28,
2004. This property is currently on Wylie sewer and East fork water. Mr. Thompson reported that
Notification/Comment forms had been mailed out with no written responses. This item will require a simple
majority to approve. Mr.Thompson explained some of the proposed changes.
Comprehensive Plan—
• Recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential (lac lots).
Request does not comply with Comp Plan.
• Eliminates 0.4 ac NS (zoned such since 1985), complying with proposed revisions to Comp Plan.
Mr.Thompson reported that Planning and Zoning Commission voted 4—2 to recommend approval on December
7,2004,with some stipulations,which have been incorporated into the exhibits to the proposed ordinance and
conditions of the P.D.
Mr. Thompson reiterated that this approval by P &Z came with stipulations which are described in Exhibit A and
Exhibit B of the proposed ordinance. One exception is Item X in Exhibit B;in the transition areas the applicant has
agreed to transition large lots with large houses to the south area around the triangle and to the north of the
property. The paragraph(X), line 7 should read: shall (1)rather than, shall either(1)and line 10 should read size
of 2,400 sf. and,rather than,2,000 sf. or.
Applicant Comments
Mr. Ryan Betz representing Skorburg, Co. addressed council stating that some of the changes made prior to this
meeting are:larger lots as discussed by Mr.Thompson,no connections being made to the Twin Creeks subdivision,
labeled thirty foot buffer on the north edge next to the Pullium property with 12,000 sq. ft. minimums adjacent to
Minutes—December 14,2004
Wylie City Council
Page 11
the Pullium Property, labeled the school site and the first amenity center and proposed area for the second amenity
center, displayed the berm detail as well as the area along 544 that will also have a berm, and detailed the entry
way to the development Mr. Betz asked the Mayor and Council to consider the same requirements pertaining to
the 50%, 35%, and 15% home sizes that were approved in the previous Zoning Case #2004-22. Mr. Betz
commented that this would be very workable for the Skorburg Company as well. Mr. Betz stated that he had
brought a 2,400 sq ft minimum home size to P & Z. Councilman Newsom stated that the mix brought in the
previous zoning case would be pertinent to that case and would not necessarily be effective for this proposal. Paul
Taylor homes,according to Mr.Betz was still interested in this development but had not signed on. Mr.Betz asked
for one exception pertaining to three car garages. He requested if three car garages were constructed, could one
garage face the street with a planked cedar door. The other two would have the regular garage doors. Mr. Betz
stated that homes would be greater or at least 10,000 sq. ft. or 8,500 sq. ft. minimums and house size would be a
minimum of 2,400 sq. ft Mr.Betz asked Council to consider this proposal.
Council Discussion
Mayor Mondy stated that there were areas where there currently existed, $400,000.home values on twenty to thirty
acres of land. He stated that he would feel better if proposed abutting lots were 15,000 to 20,000 sq. ft. He also
commented that the 8,500 sq. ft. minimum lots needed to be increased because he felt they were too small and the
market was changing upward. Mr. Betz stated he would rather propose the thirty foot buffers be added to those
properties with trees planted on the property and when you calculate the buffer in with the property, it calculates in
excess of 3,000 sq ft. and will take those lots to 15,000 and enhances Mr. Pullium's property by adding the cedars
and maintenance by the HOA rather than fences.
Public Hearing
Mayor Mondy opened the Public Hearing on Zoning Case#2004-25 at 8:15 p.m. asking anyone present to address
council on this issue to come forward state their name and address and limit their comments to three minutes.
Nancy Hansen residing at 806 Meadow Drive, Wylie ETJ addressed Council stating that she felt the 10,000 and
8.500 lot sizes had very small side yards. She suggested the lot sizes be larger.
Bob Skipwith residing at 1450 Elm Drive, Wylie, Texas addressed Council stating that he felt the developer had
made an enormous amount of concessions but felt that a buffer could be added to the property adjacent to his
residence as they did with the Pullium property. Mayor Mondy asked if he had advised Skorburg about this issue.
Mr. Skipwith replied that he had not. He went on to comment that with the concessions made he could live with
this proposal.
Mayor Mondy closed the Public Hearing at 8:20 p.m.
Council Discussion
Mayor Pro Tem Hogue stated that he would like to see a minimum of 10,000 sq.ft. lots. He also commented that
he was not in favor of two types of garage doors. He desired a quality house which would include uniform
building. Mayor Mondy commented that he would like to see house size at a minimum of 2,700 sq. ft. Mr. Betz
stated that when he was before Council previously, the message he received was to come back with a minimum
house size of 2,400 which he has. He stated that he had matched every concern that he had heard from P&Z and
Council. Mayor Mondy stated that was in October and this is December and in the opinion of Council the market
has changed. Mayor Mondy stated that if Mr. Betz had agreed to the suggestions presented in October,the zoning
case would have been approved. Mayor Mondy asked Council to give Mr. Betz some direction for approval.
Mr. Skorburg,representing Skorburg, Co. addressed Council stating that they had spent nine months working on
this project and felt the proposal was good for Wylie and was extremely aggressive. He also stated that he felt this
project will be upscale and a development Wylie will be very proud of. Councilman Trout agreed with Mayor Pro
Tern Hogue and desired to see 10,000 sq. ft.minimum lots.
Minutes—December 14,2004
Wylie City Council
Page 12
After some further discussion, Mr. Betz presented a written request to withdraw Zoning Case
"._._ #2004-25.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to accept the
withdrawal by the applicant (Skorburg Co.-Zoning Case #2004-25). A vote was taken and passed 6-0
with Councilman Worley absent.
Announcement
Mayor Mondy announced that City Secretary, Carole Ehrlich had received her designation as Certified Municipal
Clerk (CMC) through the International Institute of Municipal Clerks. He stated that only 1% of city secretaries
nationally and internationally had received this designation. Mayor Mondy and Council congratulated Ms.Ehrlich
on this designation.
City Secretary Carole Ehrlich read the Ordinance captions to Ordinances: 2004-38, 2004-39, 2004-40,
2004-41, 2004-42, and 2004-43 approved by Council into the official record.
Mayor Mondy convened into Executive Session at 8:45 p.m.
Recess into Closed Session in compliance with Section 551.001, etseq, Texas Government Code, to
wit:
Section 551.072. To deliberate the purchase, exchange, lease or value of real property generally
located in the vicinity of:
• Jackson and State Highway 78.
Mayor Mondy reconvened into Open Session at 8:50 p.m.
Take any action as a result of the Executive Session.
No action was taken as a result of the Executive Session.
Mayor Mondy opened the Work Session at 8:55 p.m.
• To Discuss a Tax Abatement to be Considered for Sanden International (U.S.A.), Inc.
(S. Satterwhite, WEDC Director)
Minutes—December 14,2004
Wylie City Council
Page 13
City Council discussed a proposal for future tax abatement for an expansion at Sanden International
(U.S.A., Inc.). Direction from Council was for staff to move forward with documentation to present to
Council at a later date for tax abatement for the expansion at Sanden. Council also asked staff to
compose a letter, for the Mayor's signature, in support of Sanden regarding their expansion project.
With no further business before Council, Councilman Newsom made a motion to adjourn at 9:00 p.m.,
seconded by Mayor Pro Tem Hogue. A vote was taken and passed 6-0 with Councilman Worley absent
hn Mondy, ayor
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Minutes—December 14,2004
Wylie City Council
Page 14