05-11-2004 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, May 11, 2004— 6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
Mayor 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 Randal Shinn, Councilman Merrill Young, and
Councilman J. C. Worley.
Staffs present were: Acting City Manager, Mindy Manson; City Engineer, Chris Holsted; Interim Finance Director,
Ron Hutchison; Planning &Zoning Director, Claude Thompson; Chief of Police, Jeff Butters; Community Services
Director,Mike Sferra;Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich.
Mayor Pro Tem Hogue gave the invocation and Councilman Trout led the Pledge of Allegiance.
• Presentation of Star Student for demonstrating the character trait of"Fairness"
Mayor Mondy and Mayor Pro Tern Hogue presented WISD student awards for the character trait of"Fairness".
IZENS PARTICIPATION >'
There was no one present to address council
�_: acted:b ..a ne:
>: entta::sre::cunsidered::tc�::be;ro�s�c:�;>i ::':.:< ou�tc�:slot: [ �Ilbc ;:;�.;;;;;;:.;;:
<All:: �er,:fisted:;anger::tl�;�otus�nt.:.... .....::..::. ::::. .:: ::: : ,::..: :. .........�'.... `. : :: .............::..
o;, ..es p...........::.i..;..... ion,.f ed:from<the
::.. . .. >Escassiaa.�if.these::�t+�l0s>B`d�scoa:�t:�esir �:+�itit �e: v:::......:..�
>0u�t��..::. �re.�.�`Il.not:I►ese.aral�d.............. .. :: .................:..
. :;
Vouo`at:s :t� en ::8ad::wi11:.:....:cOgdt~rcd::$eP::. :::. .:: ::::: ,:::;: . ,::. :::::::::::: ::.::: :: ::: ::::::::...............
A. Approval of the Minutes from the April 27,2004 City Council Meeting.
B. Consider and act upon the appointment of an Ad Hoc member to the Planning&Zoning Commission to
serve on the Impact Fee Advisory Committee.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Young to approve the Consent Agenda
as presented including the re-appointment of Tommy Pulliam to the Impact Fee Advisory Committee. A vote
was taken and passed 7-0.
Minutes—May 11,2004
Wylie City Council
Page 1
•
Public Hearings
1. Hold the second of two Public Hearings for the annexation of a 185.1449 acre tract of land out of the
E.M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel
Atterberry Survey,Abstract No. 1099, and the William Sutton Survey,Abstract No. 860, Collin County,
Texas and the E.M. Price Survey,Abstract No. 1114,Dallas County,Texas, and generally located at the
northwest corner of Vinson Road and FM 544.
This annexation is at the request of thg property owner. A zone change request is being processed concurrently with the
annexation,with a public hearing to be conducted on June 8,2004.
Staff Comments
Acting City Manager Mindy Manson addressed council stating this property annexation was at the request of the property
owner. She explained that before a municipality may begin annexation proceedings, the governing body of the
municipality must conduct two (2) public hearings at which time persons interested in the annexation are given the
opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule:
Notice published for Public Hearings April 21, 2004
First Public Hearing May 10, 2004
Second Public Hearing May 11,2004
Adoption of Ordinance June 8,2004
•µ-y 2"d Public Hearing
Mayor Mondy opened the public hearing at 6:09 p.m.
With no one present to address Council, Mayor Mondy closed the public hearing at 6:09 p.m.
2. Hold the second of two Public Hearings for the annexation of a 14.7751 acre tract of land out of the
L.B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas, and generally located east of Troy
Road, south of Sunrise Drive.
Staff Comments
Acting City Manager Mindy Manson addressed council stating this property annexation was at the request of the property owner.
Should the City Council approve the proposed annexation, the property will be zoned as A (Agricultural). She explained that
before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public
hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff
has prepared the following public hearing schedule:
Notice published for Public Hearings April 21,2004
First Public Hearing May 10,2004
Second Public Hearing May 11, 2004
Adoption of Ordinance June 8,2004
2"d Public Hearing
--v Mayor Mondy opened the public hearing at 6:11 p.m.
With no one present to address Council, Mayor Mondy closed the public hearing at 6:11 p.m.
Minutes—May 11,2004
Wylie City Council
Page 2
3. Hold the second of two Public Hearings for the annexation of a 44.039 acre tract of land out of the
Francisco De La Pina Survey, Abstract 688 and the James Truett Survey,Abstract 920, Collin County,
Texas, and generally located north of Brown Street,east of Ballard Street.
Staff Comments
Acting City Manager Mindy Manson addressed council stating this property annexation was at the request of the property owner.
Should the City Council approve the proposed annexation, the property will be zoned as I (Industrial) zoning to accommodate
expansion of the North Texas Municipal Water Supply District. She explained that before a municipality may begin annexation
proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the
annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing
schedule:
Notice published for Ppblic Hearings April 21,2004
First Public Hearing May 10,2004
Second Public Hearing May 11, 2004
Adoption of Ordinance June 8,2004
2"d Public Hearing
Mayor Mondy opened the public hearing at 6:12 p.m.
Mr.Bobby Scalf representing North Texas Municipal Water District addressed council stating that he was requesting the council
to look favorably on this annexation.
Mayor Mondy closed the public hearing at 6:14 p.m.
4. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A), Single-
Family Residential (SF-8.5/17) and Neighborhood Services (NS) Districts to Industrial (I) for the
North Texas Municipal Water District utility operations, subject property being multiple tracts
acquired by the NTMWD since 1951 totaling approximately 420 acres generally located north of State
Highway 78 and south of Skyview Drive (C.R. 384), between Paul Wilson Road and Eubanks/Forrest
Ross Road (C.R. 389), situated in the Francisco De La Pina Survey, Abstract No. 688 and the James
Truett Survey, Abstract No. 920, City of Wylie, Collin County, Texas. (Zoning Case 2004-05)
(Ordinance No. 2004-14)
Staff Comments
Planning and Zoning Director Claude Thompson addressed Council stating that the NTMWD campus in Wylie totals
approximately 420 acres,which is currently zoned in various land use classifications. Water treatment facilities were allowed by
right in most nonresidential districts prior to the adoption of the new Zoning Ordinance and City-wide Map in November of
2001, but are currently permitted only in the Industrial (I) District. The subject request is intended to classify all NTMWD
properties within Wylie as Industrial (I), thereby allowing the planned additional treatment facilities as well as remove the
nonconforming status of existing facilities. The request includes rezoning three (3) tracts totaling 28.73 acres from
Neighborhood Services to Industrial. These include 5.39 acres on the west off Paul Wilson Road, 16.7 acres to the east,north of
the railroad corridor and fronting Eubanks Lane and Lynda Lane, and 6.64 acres on the northeast fronting Forrest Ross Road
(which will accommodate some of the new construction). An additional 153.97 acres in three tracts are to be rezoned from
Single Family Residential 8.5/17 to Industrial, including 55.47 acres to the west fronting Paul Wilson Road, 84.79 acres within
the center of the site north of the rail corridor and east of the electric transmission lines (which will accommodate most of the
new construction),and 13.71 acres to the northeast between Lynda Lane and Forrest Ross Road(which will accommodate some
to the new construction). Three tracts will also be rezoned from Agriculture (A) to Industrial, including 8.33 acres which is
land-locked south of the railroad, 34.45 acres on the west between Paul Wilson and the railroad, and 15.48 acres north of
Skyview Drive. He explained that Public Comment Forms were mailed to fifty-seven(57)property owners within 200 feet of
this request as required by State law. Three (3) Comment Forms have been returned, all favoring the request. At the April 20,
2004 Planning and Zoning Commission meeting,the Commission voted 6-0 to recommend approval of this zone change request.
Minutes—May 11,2004
Wylie City Council
Page 3
Public Hearing
Mayor Mondy opened the public hearing at 6:15 p.m.
Mr. Bobby ScaIf representing North Texas Municipal Water District addressed Council stating that he was requesting the
Council to look favorably on the zoning case tonight.
With no other persons present to address Council,Mayor Mondy closed the public hearing at 6:16 p.m.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Mayor Pro Tern Hogue to approve Ordinance
#2004-14, zoning case#2004-05. A vote was taken and passed 7-0.
Tabled Items
Tabled from the 3/23/04 Council Meeting
5. Consider and act upon removing Item 5 from the table and hold a Public Hearing to consider and act
upon a change in zoning from Commercial Corridor (CC) to Commercial Corridor (CC)with Special
Use Permit (SUP) for a Telecommunications Tower, subject property being located at 713 Cooper
Drive, and being part of Lot 3, Block A of Wylie Industrial Park Addition, City of Wylie, Collin
County, Texas. (Zoning Case 2004-01)
Staff Comments
Planning and Zoning Director Claude Thompson addressed council stating that this item was tabled by Council at the March 23,
2004 City Council meeting in order to allow the applicant time to provide additional documentation concerning the availability
of alternative sites. The applicant has demonstrated research of alternate locations,but has not as yet completed plans, and is
requesting an additional 90 day extension. Council is asked to remove the request from the table and consider granting an
additional extension to August 10, 2004. The applicant is requesting a Special Use Permit (SUP) in order to install a
Telecommunications Tower and Antennas on a leased portion of Lot 3, Block A of the Wylie Industrial Park, at 713 Cooper
Drive. The property is currently zoned Commercial Corridor(CC)and such towers are allowed within the CC District only with
an approved SUP. The installation is planned to comply with all requirements of the Zoning Ordinance,except that a height of
150 feet is requested rather than the maximum 120 feet allowed by the Ordinance although the applicant has offered to limit the
height to the required 120 feet. The location is within Wylie's new Central Business District as proposed by the Comprehensive
Plan,and visible from the major S.H.78 and F.M. 544 intersection. Five of the property owners within the required notification
area of 200 feet have provided written responses in opposition to the request, requiring a 75%affirmative vote of the Council to
approve the request. (6 votes to approve) The Planning and Zoning Commission recommends denial of the request because the
applicant has failed to demonstrate that no alternative sites are available which do not have such significant visual impact to the
CBD. Because of the Commission's recommendation for denial, a 75%affirmative vote of the Council is required to approve
the request.
Council Action
A motion was made by Councilman Young, seconded by Councilman Trout to remove Item #5 from the table. A
vote was taken and passed 7-0.
Minutes—May 11,2004
Wylie City Council
Page 4
Public Hearing
Mayor Mondy opened the public hearing at 6:17 p.m.
John Rooney with T.R Grace, representing T-Mobile addressed Council stating that he was present to answer any
questions Council may have. He explained that the purpose of the extension is to help T-Mobile work toward finding
a site that meets all the concerns of the Planning & Zoning Commission and Staff with respect to the placement of
this tower. He requested the extension of 90 days in order to find an alternative site for the tower. He requested this
item be left on the table in the event they can not find another site.
Councilman Young asked what the range was of the proposed tower site. Mr. Rooney reported that the range of this
proposed site would be one quarter mile. He went on to explain that they have looked at sites that were farther away
from the intersection but the consultitng engineers have always come back to this particular location. He stated that
they are very mindful of the role this intersection will play on the progressing economic development of Wylie and
have tried to push it off as far as they can and come to some agreement with the landowner as to a business lease that
will work well both for the City and for T-Mobil.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Young to re-table this item to the August 10,
2004 council meeting. A vote was taken and passed 7-0.
Tabled from the 4/27/04 Council Meeting
6. Consider and act upon removing Item 6 from the table and approval to increase delinquent tax
collection fees from 15% to 20% passed by the State Legislature (H.B. 490) to the Texas Property Tax
Code Sections 33.07 and 33.08 amended.
Council Action
A motion was made by Councilman Trout, seconded by Councilman Worley to remove Item #6 from the table. A
vote was taken and passed 7-0.
Staff Comments
Interim Finance Director Ron Hutchison addressed council stating that this item was tabled by Council at the April 27, 2004 City
Council meeting in order to allow time for more information to be gathered and presented. Our delinquent tax attorney has
requested that the item be moved forward until the May 25,2004 City Council meeting due to a medical conflict with the person
that will present the additional items. Council is asked to remove the request from the table and consider granting an additional
extension to May 25,2004.Delinquent tax collections are currently being handled for the City by the firm of Linebarger Goggan
Blair& Sampson, LLP, (the firm), in association with Jackson Dillard Hager& Smith, LLP. The contract specifies in Section
VI that the firm will be compensated at a rate of fifteen percent (15%) of the amount collected of all delinquent taxes, penalty
and interest of the years covered by the contract. The firm is requesting that the contract be amended to raise the rate to twenty
percent(20%).The rate allowable to be charged for the collection of delinquent taxes is set by state law. The fifteen percent rate
has been in effect for the past 24 years. The allowable rate was increased to twenty percent in 2001. Since that time many
taxing entities have increased the allowable rate. There is no financial impact to the city. The costs are paid by the delinquent
taxpayer at the time of payment.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Shinn to re-table Item #6 to the June 8,
2004 Council Meeting. A vote was taken and passed 7-0.
Minutes—May 11,2004
Wylie City Council
Page 5
•
Tabled from the 4/27/04 Council Meeting
7. Consider and act upon removing Item 7 from the table and an appeal requested by Melanie Hancock
representing Wal-Mart, in response to a variance denial made by the Construction Code Board.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to remove Item #7 from the table.
A vote was taken and passed 7-0.
Staff Comments
Senior Building Inspector Johnny Bray addressed Council stating that on April 27, 2004 Council approved the tabling of this
item due to the applicant not being present to provide pertinent information_The applicant has stated that she will be present at
the May 11, 2004 Council meeting to answer Councils questions and concerns relating to the appeal of the Construction Code
Board decision. Mr. Bray updated council explaining that on March 25,2004 a variance regarding the maximum allowable area
of a monument sign to be located at 2050 N.Highway 78 was requested by Melanie Hancock representing Wal-Mart. According
to Section 8 (A).1 of the Sign Regulations for the City of Wylie, the maximum size of a multiple tenant sign is limited to one
hundred fifty square feet(150). The size of the proposed monument sign is two hundred square feet(200). The variance request
was denied by the Construction Code Board. Written request to appeal the decision of the Construction Code Board was made
by Melanie Hancock and was received on April 8, 2004. Mr. Bray explained that since the last meeting when the item was
tabled, Wal-Mart has provided a letter to the City stating that if this variance for the 200 foot sign was approved, they would
relinquish the right to place any other signs on the property.
Council Action
— A motion was made by Councilman Worley, seconded by Mayor Pro Tern Hogue to approve the appeal for a sign
variance to construct a monument sign (200 feet) at the Wal-Mart location previously denied by the Construction
Code Board with one stipulation. No other signs may be constructed at the site other than the building signs
previously approved by the Construction Code Board as per the letter from Wal-Mart. A vote was taken and passed
7-0.
Adoption of Ordinance
8. Consider and act upon adopting amendments to the City Ordinance regulating the discharge of
firearms in the City of Wylie. (Ordinance No. 2004-15)
Staff Comments
Police Chief Jeff Butters addressed Council stating that as part of the Code update the "Discharge of Firearms and Weapons"
Ordinance has been reviewed and several amendments are suggested. The proposed amendments add four exceptions with the
first exception corresponding with the current Health Code, and the other three exceptions corresponding with the current Penal
Code;
1) Where the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a
dangerous wild animal.
2) Where deadly force is used in self-defense.
3) Where deadly force is used to protect a third person.
4) When force is used to protect life or health.
5) Where force is used to protect one's property as prescribed by§9.41,Penal Code,as it exists or may be amended."
Minutes—May 11,2004
Wylie City Council
Page 6
Citizen Comments
Mr. Joe Aurelio asked Council why the copy of the proposed ordinance he received had no mention of item#4"force is used to
protect life or health". Acting City Manager Mindy Manson explained that this section was added to the proposed ordinance
after the delivery of packets and was given to Council. She apologized for the confusion. Mr. Aurelio thanked Ms.Manson for
her explanation.
Council Action
A motion was made by Mayor Pro{Tem Hogue, seconded by Councilman Trout to approve Ordinance #2004-15
amending the regulations for the discharge of firearms in the City of Wylie. A vote was taken and passed 7-0.
Board Appointment
9. Consider and act upon appointment of a board member to the North Texas Municipal Water District
Board.
Council Comments
Mayor Mondy explained to Council that The Board of Directors of North Texas Municipal Water District is a policy making
body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member cities for
assuring that NTMWD operations occur in accordance with law, in alignment with NTMWD policy, and in the best interests of
the cities receiving services. NTMWD's existing Board (18 member cities) is comprised of individuals who have worked to
represent their communities in other capacities and who have a solid understanding of municipal concerns to share with other
Directors. The City of Wylie has two board members on the NTMWD Board;Mr. Harry Tibbals, whose term expires May 31,
2005 and Mr.Marvin Fuller whose term expires May 31, 2004. Mr.Fuller stated that he would be willing to serve another term.
His new term would expire May 31,2006.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Shinn to approve the re-appointment of
Marvin Fuller to the North Texas Municipal Water District for a term to expire May 31, 2006. A vote was taken and
passed 7-0.
Eit: i i > . <::: OUNC.IG ::: :RE.QU� BY
�.'::.;CI��°: IL�IL►.......c4t. C�ll��'.IC1Q 'A���tf�'��:>I�"I�..C. ......................................... .............._....... ..
.. ::...::...I,
Ordinance Nos. 2004-14 and 2004-15
City Secretary Carole Ehrlich read ordinance captions of Ordinance 2004-14 and 2004-15 into the official record.
• Discussion of future park projects and grants
Minutes—May 11,2004
Wylie City Council
Page 7
•
Director of Community Services Mike Sferra addressed Council stating that the Parks and Recreation Board had
compiled a list of park projects the board felt were of high priority, moderate priority, and low priority. He reported
that grants were available from the Collin County Bond Fund to service some projects on a 50/50 funding with cities.
He stated that the parks department was starting the process of applying for a grant and wanted direction from
Council as to which project(s)they deemed appropriate for the funding available ($250,000. matching) and of high
priority to the city.
Consensus of the Council was to move forward with the purchase of land and expansion and improvements to Olde
City Park.
Mayor Mondy recessed into executive session at 7:45 p.m.
In accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated(Open Meeting Act),Section 551.
§551.072 Deliberation Regarding Real Property; Closed Meeting
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if
deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a
third person.
• Highway 78 between First and Third Streets
• FM 1378 at Brown Street
Mayor Mondy reconvened into open session at 8:23 p.m.
Take any action as a result of the Executive Session.
No action was taken as a result of Executive Session.
With no further business before Council,the meeting was adjourned at 8:25 p.m.
,F
.\ yOFtti•
y�.
�_-
5Ef
1,L. n Mon ,May r
17.
ATTEST: ..•• s
' (/fir
;tee,t-''
Car a Ehrlich, t ecretary
Minutes—May 11,2004
Wylie City Council
Page 8