06-24-2003 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, June 24, 2003 — 6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
Mayor Pro Tern Hogue called the meeting to order at 6:00 p.m. with the following Council Members present:
Councilwoman Reta Allen, Councilman Merrill Young, Councilman Shinn, Councilman Worley, Councilman
Trout,and Mayor John Mondy absent.
The following staff members were present: City Manager, Biff Johnson; Assistant City Manager, Mindy
Manson; Police Chief, Jeff Butters; Park Superintendent, Bill Nelson, Planning & Zoning Director, Claude
Thompson; Finance Director, Brady Snellgrove; Public Information Officer, Mark Witter, and City Secretary,
Carole Ehrlich.
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Reverend Chuck Hubbard of the Gloria dei Lutheran Church gave the invocation and Councilwoman Allen
lead the Pledge of Allegiance.
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Anne Hiney with the Blackland Prairie Playground Foundation will present a proposal for Community
Built Playground Equipment.
Anne and Bill Hiney were introduced by Mayor Pro Tem Hogue. Mr. Hiney presented the Blackland Prairie
Playground Foundation and some of the playground projects both underway and completed in Texas. Mr.
Hiney explained that the goal of the foundation was to unite and strengthen the community by utilizing
volunteer labor to purchase and construct a playground site that could be utilized by the entire city. Mr.
Hiney explained to the council that these community built playgrounds were very individual to each
community and the volunteers along with the city and other organizations provide the services needed to
complete the project. Mr.Hiney commented that the city could donate in kind services, land, or equipment as
their portion of the project. Organizations involved in the project would have fund raisers to acquire revenue
for the project. He explained that there were Federal and State funds that could also be applied for that are set
aside for such programs and projects. Mr. Hiney displayed several completed playgrounds in outlying areas
and explained the differences that made each playground unique to that community. He explained that there
were three phases to this project, the design phase, the organization phase, and the construction phase. Once
the project was complete, volunteers provided by the foundation could maintain the playground. The
foundation at that point would turn the playground over to the City. Mr. Hiney closed the presentation by
stating that he was very excited to begin the project for the City of Wylie.
There was no one present to address the council.
Minutes—June 24,2003
Wylie City Council
Page 1
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A. Approval of the Minutes from the Regular Meeting of June 10,2003
B. Consider and act upon a Final Plat for the Birmingham Farms Phase 14A and including a
Replat of Lots 15-23, Block J, Birmingham Farms Phase 2A, being a certain 46.395 acre tract
of land generally located south of the proposed Park Boulevard extension and east of Country
Club Road (F.M. 1378), and including all of Lots 15-23, Block J of Birmingham Farms Phase
2A, a erecorded in Cabinet N, Page 887 of the Plat Records of Collin County, Texas (PRCCT),
and being situated in the Mercer Phalen Survey,Abstract No. 695,the D.W. Williams Survey,
Abstract No. 1021, and the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin
County, Texas.
C. Consider and act upon a Final Plat for the Birmingham Farms Phase 14B, being a certain
34.488 acre tract of land generally located south of the proposed Park Boulevard extension and
east of Country Club Road (F.M. 1378), and being situated in the Mercer Phalen Survey,
Abstract No. 695 and the D.W. Williams Survey, Abstract No. 1021, City of Wylie, Collin
County,Texas.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Trout to approve the consent agenda.
A vote was taken and passed 6-0.
7rIVIDUAL C NSU ERATIO
1. Hold a Public Hearing to consider and act upon a change in zoning for a Special Use Permit (SUP)
for Minor Vehicular (Boat) Repair within a Neighborhood Services (NS) District, located at 650
Country Club Road (F.M. 1378), being all of that certain 1.00 acre tract as described in a deed to
Ronald J. Johnson, recorded in County Clerk's File No. 02-0077388, Deed Records of Collin
County, Texas (DRCCT), and being part of a certain called 14.497 acre tract of land conveyed to
Novid Properties, Inc., recorded in County Clerk's File No. 96-0076788, and being situated in the
Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. (Zoning Case
2003-05)
Staff Comments
Mr. Claude Thompson addressed the Council on this item. He stated that the applicant is requesting a Special
Use Permit *(SUP) to operate a Minor Vehicle Repair (boats only) in a vacant retail building. The
subject property was previously occupied by the Walker/Roper Fence Company, and is one acre in size.
The building is approximately 4,560 sq. ft. faced with masonry on the street front and metal on the sides,
as well as associated concrete parking and fenced open space which is partially paved and partially
gravel. Plans are to utilize the building for minor repairs of boats and any boat parking and short-term
storage will be behind the screen fence. The property has never been plated into an official lot of record.
The applicant is aware that the property must be platted prior to issuance of Certificate of Occupancy. At
the June 3, 2003 Planning and Zoning meeting,the Commission voted 4-0 to recommend approval of the
proposed zoning change with the following stipulations: 1. Masonry enclosure for dumpster to match the
building masonry; 2. Landscaping to meet the current code; 3. 4 foot high wainscot of brick with accent
Minutes—June 24,2003
Wylie City Council
Page 2
to match existing building facade on the south side of the building. Mr. Thompson commented that the
applicant was not available for the Planning and Zoning Meeting held on June 3, 2003 nor was he
present tonight and that staff had not been able to contact him to confirm that he would abide by the
stipulations not yet addressed.
Staff Discussion
Mr. Biff Johnson asked Mr. Thompson what the ramifications would be if the Council approved the
Zoning Ordinance and the applicant did not complete all stipulations required both by current zoning
requirements and the stipulations set forth by the Planning and Zoning Board pertinent to this zoning
issue. Mr. Thompson stated that the permit would be issued but upon final inspection of the property by
the building inspector, a Certificate of Occupancy would not be issued and the property would revert
back to the base zoning.
Council Discussion
Councilman Trout asked Mr. Thompson if there had been a Telecommunications company in this
building. Mr. Thompson replied that to the best of his research, the only company occupying the
building was a fence company. Councilman Trout asked then if any other type of business could be
operated out of the building other than a Minor Boat Repair. Mr. Thompson said that only the Minor
Boat Repair was approved in the Special Use Permit.
Councilman Worley asked Mr. Thompson if the proposed plat had addressed drainage to outlying areas.
Mr.Thompson stated that the plat had already been cut out to address those areas to the east and south of
the property. Mr.Thompson also stated that the property had been used for this in the past.
Councilman Young asked Mr. Thompson about whether or not the resins would be an issue and who
would monitor the waste removal. Mr. Biff Johnson stated that the City per se would not monitor this
but the Fire Department would be doing general inspections and would address any problems that arise.
Mr. Johnson also stated that because the business was a minor boat repair, that resin would not be an
issue. Councilman Young also asked Mr. Thompson about outside storage and how close this would be
to a residential area. Mr.Thompson stated that the closest residential area was separated by the creek.
Mayor Pro Tem Hogue opened the Public Hearing asking any citizen desiring to address the council to
come forward. No one was present to address the council. Mayor Pro Tern Hogue closed the Public
Hearing.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Trout to approve Ordinance
#2003-12 allowing a Special Use Permit for a Minor Boat Repair with all three Planning and Zoning
stipulations: 1. Masonry enclosure for dumpster to match the building masonry; 2. Landscaping to meet
the current code; and 3. Four foot high wainscot of brick with accent to match existing building facade
on the south side of the building met. A vote was taken and passed 5-1 with Councilman Young voting
against.
2. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) and
Townhouse (TH)to Planned Development (PD) District for Residential Uses,generally located west
of Westgate Way and north of F.M. 544, being all of a certain 53.6 acre tract of land being
comprised of parcels of land deeded to Wylie Realty Investments,L.L.C., recorded in Volume 5042,
Page 2944 and in Volume 5007, Page 2266, and Tract 1 deeded to L.M.B. Partnership, Ltd.
Minutes—June 24,2003
Wylie City Council
Page 3
recorded in Volume 5159, Page 3104 of the Deed Records of Collin County, Texas (DRCCT), and
being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas.
(Zoning Case 2003-06)
Staff Comments
The applicant is requesting rezoning of the subject property in order to permit development of a single-
family detached residential neighborhood. The proposal is intended to continue the residential patterns
established by the Westgate neighborhood to the north and the townhouse and apartment developments
to the east, and to better address the property's adverse adjacency to the active railroad corridor. The
Proposed Planned Development District includes a total of 53.6 acres of land, and is currently being
consolidated under single ownership. At the June 3, 2003 Planning and Zoning Commission meeting,the
Commission voted 4-0 to recommend approval of the proposed zoning change with some stipulations.
Council Discussion
Councilman Trout asked Mr. Thompson if other developments along 544 and the railroad tracks had
Home Owner Association's that took care of their buffer zones. Mr.Thompson stated that yes they did
along with other issues such as mosquito control and flood issues.
Councilman Young asked Mr. Thompson to review the units-per acre. Mr. Thompson stated that there
would be a 3.75 overall density and no more than 200 units built which is less than the 255 maximum
units that would be allowed according to the Planned Development District Zoning.
Councilman Young asked if it was more expensive for the City to maintain townhouses opposed to
residential property. Mr. Johnson stated that there were arguments for and against the cost issues. He
stated that on low density property there were higher revenues from water and sewer but in some cases it
was more costly to maintain those lines. Mr. Thompson stated that the question the council was
presented with applied to the comprehensive plan and our fiduciary responsibility is to deny requests that
do not follow that plan but because of the density of the planned development, the Planning & Zoning
Board felt it was in the best interest of the city to go forward with this zoning change.
Councilman Worley asked Mr. Thompson about the monitoring of the 100% masonry on units backing
Westgate Way. Mr. Thompson stated that building officials would monitor these areas for compliance.
Applicant/Developer Comments
Mr. Rob Adams representing Adam's Development & Engineering and Legacy Homes addressed the
Council. Mr. Adams stated that Legacy Homes had been a part of the Planned Development of the City
of Wylie for several years now with a distinguished reputation for the quality of their homes. He stated
that the issue of low density with concern to town home units conformed to the existing Planned
Development (PD) due to the existing developments. Mr. Adams requested that the open space be
dedicated as park land and not maintained by the HOA. Mr.Adams opened the floor for questions.
Councilman Young asked Mr. Adams for clarification on the point system and repeat of elevation. Mr.
Adams stated that the point system was in line with the PD. Councilman Young then asked Mr. Adams
what the city was receiving for the zone change. Mr. Johnson asked council if they wanted to plan for
the whole property or just the 15.5 acre town homes and wait on the 38 acres of Country Residential
Development. He stated that the low density of the town homes was the receiving factor for the city.
Minutes—June 24,2003
Wylie City Council
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Councilman Worley asked Mr. Adams if Legacy Homes was the sole builder of the development. Mr.
Adams stated that as far as he knew they were.
Councilman Trout asked if the development met zoning code with 75% masonry and if there would be
an HOA to maintain the land adjacent to the railroad track. Councilman Trout stated that his main
concerns were that the smaller lots would accommodate the size homes proposed without going back to
Zoning Board of Adjustments and could all the lots be utilized. Mr. Adams replied that the plan would
accommodate the homes proposed and that all lots could be utilized and that they would meet all zoning
requirements pertaining to masonry.
Mayor Pro Tem opened the Public Hearing and asked any citizens wanting to address the council to
come forward. There were no citizens present to address the council. Mayor Pro Tem Hogue closed the
Public Hearing.
Council Action
A motion was made by Councilman Young, seconded by Councilwoman Allen to approve Ordinance
#2003-13 to include the stipulations required by the Planning and Zoning Board and the Parks and
Recreation Board. A vote was taken and passed 6-0.
3. Consider and act upon appointments to the Construction Code Board, Library Board, Parks and
Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and
Zoning Commission, Zoning Board of Adjustments and the Wylie Economic Development
Corporation for those whose terms expire in July of 2003.
Council Review Board Recommendations
Councilman Young and Councilman Shinn presented recommendations for the appointment and reappointment of
the 2003 Boards and Commission members as follows:
Construction Code Board
Mike Phillips, Steve Repasky, Frank Spingola and Jerry Coombs
Library Board
Pauline Akin, Shirley Burnett, Scott Ames,and Joe Murphy
Parks &Recreation Board
Daniel Chesnut,Ivan Holmes, and Larry Bowles
Parks &Recreation 4B Board
Shirley Burnett,Dan Chesnut,Anne Hiney,and Eric Hogue
Planning&Zoning Board
William Chapman, Michael George, M. G. Red Byboth, and Chris Seely to fill the unexpired term of
Jeff Adamcik
Wylie Economic Development Board
Kevin St. John,John Yeager,and Merrill Young
Zoning Board of Adjustments •
Weldon Bullock, Randle Henry, and Linda Jourdan
Council Action
A motion was made by Councilman Young and Councilman Shinn,seconded by Councilman Worley to approve
the recommendations of the 2003 Boards and Commissions for the City of Wylie as presented. A vote was taken
and passed 6-0.
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Wylie City Council
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... Consider and act upon approval of a Park and Park Facilities Naming Policy and a Park Memorial Policy
Board.
Staff Comments
Mr. Bill Nelson, Parks Superintendent addressed the council stating that currently the City has no formal
policy for the naming of City Parks or the facilities such as fields and pavilions contained within the
parks.The park locations generally take on the name of the subdivisions in which they are located. The
Park and Recreation Board recommend the adoption of a more formal policy to facilitate the process for
existing and future parks and park facilities.
Council Discussion
Councilman Young asked Mr. Nelson if it was necessary to approve formal policies through City
Council Action or if this could be done within the board itself. Mr. Nelson stated that the intent of the
council approval was to give the board some direction.
Councilman Shinn stated that he felt these policies that Council was approving were guidelines from
which the board could base future decisions.
Councilwoman Allen asked Mr. Nelson why bronze markers were not included in the Park Memorial
Policy as they can withstand adverse conditions better than granite. Mr.Nelson stated that it would not
be a problem to include that in the Park Memorial Policy.
__ Council Action
A motion was made by Councilman Trout, seconded by Councilman Worley to approve the Park and
Park Facilities Naming Policy and the Park Memorial Policy with the addition of bronze markers to be
included in the Park Memorial Policy. A vote was taken and passed 6-0
5. Consider and act upon a bid for the installation of an irrigation system in the Meadows of
Birmingham Park.
Staff Comments
Mr. Bill Nelson, Park Superintendent addressed the council stating that competitive sealed bids had
been solicited for the installation of an automatic irrigation system in the Meadows of Birmingham
Park. The scope of the contract will provide for all materials, labor and equipment necessary to install
the irrigation system on the 7.8 acre site. The bid invitation includes an alternate bid that would add
bubblers to irrigate up to 48 trees in the park.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Trout to accept the low bid of
Canyon Creek Irrigation in the amount of$23,785.00. A vote was taken and passed 6-0. Other bids
submitted were: New Deal Irrigation in the amount of $24,248.00, Turf-Scapes in the amount of
$38,244.00,and America Landscape in the amount of$43.900.00.
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Wylie City Council
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6. Consider and act upon a bid for the construction of concrete sidewalks in the Meadows of
Birmingham Park.
Staff Comments
Mr. Bill Nelson addressed the council stating that competitive sealed bids had been solicited for the
construction of concrete sidewalks in the Meadows of Birmingham Park.The scope of the contract will
provide for all materials, labor and equipment necessary to construct 2,250 linear feet of 8 foot wide
sidewalk in the park.
Council Discussion
Councilman Worley asked Mr. Nelson if all four companies received the same specification in the bid
packets because of the wide range in the unit prices submitted for the work. He stated that when bids
ranged so far apart, he was concerned. Mr. Johnson stated that he understood the concern but once the
bids were opened, the companies were screened for workmanship and reliability and that the company
submitting the low bid was a qualified company to complete the work.
Council Action
A motion was made by Councilman Trout, seconded by Councilman Shinn to approve the low bid of
Scott Lucas Construction in the amount of $47,250.00. A vote was taken and passed 5-1 with
Councilman Worley voting against.
7. Consider and act upon a Resolution modifying the boundary between the City of Wylie and the
Wylie Northeast Water Supply.
Staff Comments
Ms. Mindy Manson addressed the council stating that both the City of Wylie and the Wylie Northeast
Water Supply have established areas of jurisdiction for the provision of water service that were
established several years ago. The jurisdictional boundaries are identified through the Certificates of
Convenience and Necessity (CCN) which are filed with the State. A portion of the WNE jurisdiction
falls within the Birmingham Farms Subdivision with a randomly straight line due to the development of
that subdivision. Staff has met with representatives of WNE in order to establish a logical split between
the jurisdictions that made sense in terms of both service delivery and the development process.
Council Action
A motion was made by Councilman Worley, seconded by Councilwoman Allen to approve Resolution
#2003-11R modifying the boundary between the City of Wylie and the Wylie Northeast Water Supply.
A vote was taken and passed 6-0.
Minutes—June 24,2003
Wylie City Council
Page 7
8. Consider and act upon the approval of a Resolution suspending the effective date of TXU Gas
Distribution's requested rate changes.
Staff Comments
Ms Mindy Manson addressed the council stating that TXU Gas Distribution, a division of TXU Gas
Company, filed a Statement of Intent to change gas rates in all municipalities within the TXU Gas
Distribution System. With this filing, the company plans to consolidate the Pipeline and Distribution
systems under a single set of rates. As with past rate filings, the City of Wylie has joined with area
cities in a coalition in order to consolidate representation on rate cases and cost. Approval of Resolution
#2003-12 R suspends the effective date of the proposed new rates, and consolidates the city with joint
participation and authorizes intervention on behalf of the cities at the Railroad Commission. She also
stated that the cost would be primarily paid by the larger cities which reserve funds for this purpose.
Council Discussion
Councilman Trout stated that in the past the same issue was addressed with the electric rates and that
through the consolidation of representation process,the city ended up saving money once the case was
resolved.
Council Action
A motion was made by Councilman Trout, seconded by Councilman Young to approve Resolution
#2003-12 R suspending the effective date of TXU Gas Distribution's requested rate changes. A vote
was taken and passed 6-0.
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City Secretary, Carole Ehrlich read Ordinance#2003-12 &2003-13 into the record.
Mayor Pro Tern Hogue recessed the meeting at 7:10 p.m.
Mayor Pro Tern opened the Work Session at 7:20 p.m.
Brief Work Session—Policy concerning presentation of materials at Public Hearings
Mr. Biff Johnson asked council for some direction on a policy concerning presentation of materials by citizens at
Public Hearings and on Posted Agenda Items. He stated that the Mayor had requested council to establish a
policy for citizens presenting materials to council for not only practical purposes but for security as well. By
requesting the information in advance,'it could be placed in the council agenda packets and reviewed with other
pertinent materials
Ms. Manson stated that after speaking with the attorney,his advice was to adopt a policy that required information
prior to the meeting. His theory was that if it was important enough for the council to review than it should be
submitted ahead of time and placed in the council packets. She stated that during the Citizen Participation portion
of the meeting anyone could address the council on issues that were not on the agenda in compliance with the
Open Meetings Act.
Minutes—June 24,2003
Wylie City Council
Page 8
Councilman Young stated that he felt all materials should first go through city staff and then forwarded to the
council via the council packets and the request to submit materials should have clearly on it that it should be
submitted to staff first.
The consensus of the council was that the staff prepare a policy for their review at the next council meeting.
Councilman Young addressed the issue of motions. He asked if after a motion was made and seconded, the City
Secretary could repeat the motion allowing every councilmember to be clear on the motion before voting. The
City Secretary agreed to the request.
There was also council discussion pertaining to the rules and order of business during council meetings that will
be addressed at a later date.
A motion was made by Councilman Trout, seconded by Councilman Shinn to adjourn the meeting at 7:40 p.m. A
vote was taken and passed 6-0.
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Minutes—June 24,2003
Wylie City Council
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