01-08-2002 (City Council) Minutes MINUTES '
Wylie City Council
Tuesday, January 8, 2002
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
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Council Present:Mayor Jo MoIIdy,CouncilmanJoel Scott, Councilwoman Reta Allen, Councilman Eric Hogue,Councilman Merrill Young,and Councilman Chris Trout.Councilman J.C. Worley was absent.
Staff Present: Anthony Johnson, City Manager, Mindy Manson, Assistant City Manager, Brady Snellgrove,
Finance Director;Chris Hoisted, City Engineer and Barbara Salinas,City Secretary.
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Associate Pastor, Brodon Park of the New Hope Christian Church was present to provide the invocation and
Councilman Scott was asked to lead the Pledge of Allegiance.
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The Mayor and Mayor Pro Tern provided Certificates of Recognition to the Star Students present. Students were
honored for their exemplification of the character trait, Self-Discipline.
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The Mayor then announced at 6:10 p.m. that they would convene into Executive Session in accordance with
Chapter 551, Government Code, (Open Meetings Act) under Section 551.071 consultation with Attorney
regarding pending or contemplated litigation,Lanny Payne vs. City of Wylie.
The Mayor reconvened into Regular Session at 6:34 p.m. No action was taken as a result of the Executive
Session.
Mrs.Pat Martin,4040 Avion
Ms. Martin's comments were specific to Item No. 6. Ms. Martin expressed her opposition to the future
development. She expressed her concerns regarding the future wastewater treatment plant to be located in the
general area and the impact it could have on the proposed development. She reminded Council that although staff
recommends approval,they are voted into their positions by the citizens they serve and to consider their input.
Mrs. Carolyn Proctor,4035 Avion
Ms.Proctor's comments were specific to Item No.6. Ms.Proctor expressed her opposition to future development.
She asked that Council consider a vision rather than the proposed development. She expressed concerns regarding
existing road improvements,and the tax advantage of larger homes on larger lots.
Mr.Richard Proctor,4035 Avion
Mr. Proctor's conunents were specific to Item No. 6. Mr. Proctor stated that he has been a resident in the
neighboring area since 1984 and expressed his concerns regarding the landfill that the City of Garland is
implementing as well as the wastewater treatment plant site. He stated that he is not opposed to the annexation,
but to the future development of starter homes.
Mr.Kent McCord, Whitley Road
Mr. McCord's comments were specific to Item No. 6. Mr. McCord expressed his concerns regarding future
development and loss of country atmosphere. He stated that he felt that the current utilities and roads are not
sufficient to support future development. He expressed concerns regarding the Garland landfill,future wastewater
treatment plant and proposed starter homes. He asked that Council consider two-acre lots and 2,000 square foot
homes to maintain the consistency of the existing development.
Minutes of January 8,2002
Wylie City Council
Page 1
Ms.Kim Mays,3577 Whitley Road
Ms. May's comments were specific to Item No. 6. Ms. Mays expressed her opposition to the annexation. She
stated that she is opposed due to the added traffic caused by the development and density of smaller homes.
Mr.Rick Shatswell,3307 Whitley Road
Mr. Shatswell's comments were specific to Item No. 6. Mr. Shatwell expressed his concerns regarding the future
development. He stated he has just moved from Rowlett and does not want smaller homes.
Randy and Melinda Benton,3525 Whitley Road
Mr.and Mrs.Benton's comments were specific to Item No.6. Mr. and Mrs. Benton stated they have moved from
Rowlett in order to get away from the congested area. They expressed their opposition to the wastewater treatment
plant and smaller homes stating the roads are not sufficient and it would be too great of an impact on the area.
The stated their opposition to the development and suggested one to two acre lots.
Mr.Steve Matthews
Mr.Matthews introduced himself to the Council as a candidate for County Commissioner.
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A. Approval of the Minutes from the Meetings of December 11,2001.
B. Consider and act upon a Final Plat for the Country Ridge Phase A Addition,being all of a certain
59.448 acre tract of land, situated in the William Patterson Survey, Abstract No. 716, City of
Wylie,Collin County,Texas,and being a portion of the 99.7418 acre tract described in the deed to
Fredrick Veninga, Trustee, according to the deed recorded in Volume 883,Page 628 of the Deed
Records of Collin County,Texas.
Councilman Scott removed Item A from the Consent Agenda. Councilman Scott referenced Page 2, and asked
that the motion and seconded to accept the minutes as corrected be reflected as Scott and Hogue with a 7-0 vote
to approve. With no further corrections, Councilman Scott made a motion to approve Consent Items A, with
noted additions and Item B. Councilman Hogue seconded the motion. A vote was taken and the motion was
approved,6-0. Councilman Worley was absent.
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1. Consider and act upon approval of a Resolution of the City Council of the City of Wylie, Texas,
establishing a public newspaper of general circulation to be the official newspaper for the City of
Wylie.
The Mayor stated that the City of Wylie Home Rule Charter requires that the City Council declare an official
newspaper of general circulation in the city. Councilman Hogue made a motion to approve the Resolution
establishing the Wylie News as the official newspaper for the City of Wylie. Councilwoman Allen seconded the
motion. A vote was taken and the motion was approved,6-0. Councilman Worley absent.
2. Consider and at upon the award of a contract for the construction of the Rush Creek Sewage Lift
Station to North Texas Municipal Construction Co., Inc./TNG Services, Inc., in the amount of
S 1,019,000.00.
Mr. Chris Hoisted addressed this item, providing brief background on the project. Mr. Hoisted stated the 1999
Bond program identified the reconstruction of the Rush Creek Lift Station southeast of the existing location and
the construction of a new sewer force main to the Twin Lakes Lift Station. On December 20,2001 a total of seven
(7)bids were opened for the project. North Texas Municipal Construction Co., Inc./TNG Services,Inc,submitted
the low bid in the amount of$1,019,000.00. The 1999 Bonds included$1,000,000 for the Rush Creek lift station
and force main and the FY 2002 budget included$130,000 for new pumps for the lift station.
Minutes of January 8,2002
Wylie City Council
Page 2
Approximately$100,000 has been spent on the project for engineering,surveying,and geo-technical services. Mr.
Hoisted concluded by stating staff recommends awarding a contract to North Texas Municipal Construction Co.,
Inc./TNG Services, Inc in the amount of$1,019,000.00 to provide all equipment, labor and materials for the
construction of the Rush Creek Lift Station.
Councilman Trout made a motion to approve the award of contract for the construction of the Rush Creek Sewage
Lift Station to North Texas Municipal Construction Company, Inc.ITNG Services, Inc., in the amount of
$1,019,000.00. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 6-0.
Councilman Worley absent.
3. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) District to
Business Center(BC) District with a Specific Use Permit (SUP)for Warehouse and Distribution Uses,
being a 5.0 acre tract of land located west of Sanden Boulevard and south of F.M.544,north of Hensley
Lane, being part of a 16.6174 acre tract of land recorded in Volume 3367, Page 230, of the Collin
County Land Records,situated in the Duke Strickland Survey,Abstract No. 841, City of Wylie, Collin
County,Texas. (Zoning Case No.2001-18)
Mr. Claude Thompson,Planner,addressed this item providing Council with a brief background on the intent of the
request. He stated that the applicant is requesting initial zoning of the subject property from Agricultural (A)
District to Business Center (BC) District in order to develop a showroom/warehouse and distribution facility.
Property totals approximately 5 acres in size,the majority of which is floodplain. Applicant required to prepare a
flood study&obtain a Conditional Letter of Map Revision from the U.S. Corps of Engineers prior to the issuance
of permits for site grading and initial construction The floodplain has already been partially removed from the
neighboring property to the south. Applicant proposes to'construct a single building of 54,000 square feet, 10,000
sq. ft. of which will be office/showroom with future expansion of 18,000 square feet to the rear of the initial
building is planned. Mr. Thompson concluded that at the January 2, 2002 Planning and Zoning meeting, the
Commission voted 5-0 to approve this zoning case and Staff is also recommending approval.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of
the 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.
The applicant,Mr.Lee Dunlap,2419 Coit Road,Plano,Texas,was present to address any questions or concerns of
the Council.
Councilman Young made a motion to approve the change in zoning from Agriculture (A) District to Business
Center(BC)District with a Specific Use Permit(SUP)for Warehouse and Distribution Uses,being a 5.0 acre tract
of land located west of Sanden Boulevard and south of F.M. 544,north of Hensley Lane, being part of a 16.6174
acre tract of land recorded in Volume 3367,Page 230, of the Collin County Land Records, situated in the Duke
Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. Councilman Trout seconded the
motion. A vote was taken and the motion was approved,6-0. Councilman Worley absent.
4. Hold a Public Hearing to consider and act upon a change to the Conditions of Development for the
Planned Development District(PD 2001-46),generally located north of F.M. 544 and east of McCreary
Road,being north of the Lakeside Estates Addition and east of the Sage Creek Addition,situated in the
Moses Sparks Survey, Abstract No. 849, City of Wylie,Collin County, Texas, being part of a 28.5675
acre tract and all of a 27.4522 acre tract conveyed to Thomas Mannewitz by deed recorded under
County Clerk's File No.92-0064130,Deed Records,Collin County,Texas.(Zoning Case No.2001-19)
Mr. Claude Thomson, Planner, addressed this item providing Council with a background on the request. Mr.
Thompson stated that the PD District which established the initial zoning on the subject property (PD 2001-46),
including Conditions of Development and a Conceptual Plan,was adopted by the City Council on September 25,
2001. The Preliminary Plat,the first step in the development process, was approved by the Council on December
15,2001.The Plat for the 41.7-acre tract will create 151 single-family residential lots.
Minutes of January 8,2002
Wylie City Council
Page 3
-~~ The Conditions of the Planned Development District provides for an average lot size of 8,500 square feet, with no
lots being smaller than 7,200 square feet and no fewer than 97 lots having a minimum size of 8,500 square feet.
The PD provided for reduced side yards.
The adopted Planned Development also provided that the "architectural point standards for the SF 8.5 District
Zoning will be met" The applicant is now requesting an amendment to the Conditions of the Planned
Development District in order to achieve certain variances to the standard requirements of the Zoning Ordinance.
These include the following:
Mr.Thompson stated that the Residential requirements of the Zoning Ordinance, adopted in July of 2000, require
that seven (7) lots be skipped on the same side of the street and four (4) on the opposite side before repeating a
dwelling unit with substantially the same floor plan and street elevation. The applicant is requesting a skipping of
four on the same side and two on opposite sides,which more closely follows accepted development practices. Of
ten neighboring municipalities surveyed, only Rockwall had any requirement to skip elevations and they required
a skipping of five(5)lots.
Mr.Thompson stated that the Residential requirements of the Zoning Ordinance, adopted in July of 2000, require
that all dwellings within the SF 8.5/17 District be provided with a covered entry of not less than 40 square feet and
4 feet depth. The required Base Standard for all other dwelling sizes is 20 square feet and 2 '/2 feet depth,with the
40 sq.ft.being a Desired Option for which additional points are provided. The applicant is requesting a covered
front porch of eighteen-(18)square feet and five-(5)feet width. Of ten neighboring municipalities surveyed,none
had any requirement for a porch or covered entry.
The PD Conditions as amended require compliance with all other Base Standards of the Architectural
Requirements.
At the January 2, 2002 Planning and Zoning meeting, the Commission voted 5-0 to approve this zoning case.
Staff is recommending approval.
Councilman Trout had concerns regarding the elevations and alternatives with regard to Item No. 1 listed within
Other Considerations. Councilman Scott asked for clarification with regard to repetition of elevation,questioning
application for both sides of the street. Mr.Thompson clarified that it is proposed that the applicant would skip(4)
four on one side and two (2)on the opposite side.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak in favor or opposition of the
request to please come forward, state their name and address for the record and limit their comments to three (3)
minutes. With no response,the Mayor then closed the Public Hearing.
Councilman Scott made a motion to approve the change to the Conditions of Development for the Planned
Development District(PD 2001-46),generally located north of F.M. 544 and east of McCreary Road,being north
of the Lakeside Estates Addition and east of the Sage Creek Addition, situated in the Moses Sparks Survey,
Abstract No. 849,City of Wylie,Collin County,Texas,being part of a 28.5675 acre tract and all of a 27.4522 acre
tract conveyed to Thomas Mannewitz by deed recorded under County Clerk's File No. 92-0064130,Deed Records,
Collin County,Texas. Councilman Hogue seconded the motion.A vote was taken and the motion was approved,
5-1. Councilman Trout voting in opposition. Councilman Worley absent.
5. Hold a Public Hearing to consider and act upon a change in zoning from Industrial (I) District to
Commercial Corridor(CC)District,being a 30.278 acre tract of land located in the northwest corner of
FM 544 and SH 78,situated in the S.B.Shelby Survey,Abstract No. 820,City of Wylie,Collin County,
Texas,being the same property as conveyed to the City of Wylie by deed recorded in Volume 279,Page
511,Deed Records of Collin County,Texas,being the same property as conveyed to Gary E. Bowland,
Charlotte A. Bowland, Martin L. Anderson and Susan M. Anderson by deed recorded under the
County Clerk's File No.99-0048505,Deed Records of Collin County,Texas,being the same property as
conveyed to Ronald C. Dow by deed recorded in Volume 1806, Page 902, Deed Records of Collin
County,Texas, being the same property as conveyed to the Wylie Economic Development Corporation
by deed recorded in Volume 4572,Page 3563,Deed Records, Collin County, Texas, being all of Lot 1
Minutes of January 8,2002
Wylie City Council
Page 4
and Lot 2,Block A of the Walgreens-Wylie Addition,according to the plat thereof recorded in Cabinet
N,Slide 378,Map Records of Collin County,Texas,being all of Wylie Industrial Park,according to the
plat thereof recorded in Volume 8,Page 55,Map Records of Collin County,Texas,being all of a tract of
land conveyed to Collin County by deed recorded in Volume 4980, Page 2156, Deed Records, Collin County,
Texas, being part of the D.ART. ROW, being part of old State Highway ROW and being part of P.M. Highway
544 ROW. (Zoning Case No.2001-20)
Mr. Claude Thompson, Planner, addressed this item providing Council a brief background on the request. Mr.
Thompson stated that on November 13, 2001, the City Council adopted major revisions to the nonresidential
districts of the Comprehensive Zoning Ordinance and the Official Zoning Map. Because of its diverse uses and
transitioning development patterns,and at the specific request of several property owners, the City Council pulled
out the area around Cooper Street in the northwest corner of State Highway 78 and F.M. 544 for separate
consideration. This area totals approximately 30 acres and is held in approximately 17 separate ownerships.
He stated that this area was earlier proposed to be changed from the old Industrial (I) District to the new
Community Retail (CR) District The Commercial Corridor(CC) District is intended to accommodate a diverse
mixture of commercial and light industrial uses which are all dependent upon direct access to major regional
thoroughfares but which are complimentary to one another as well as to the vehicular corridor. Several of the
existing establishments within the subject area reflect these characteristics, as well as those of the Community
Retail District
Mr. Thompson stated the recently-adopted revisions to the Zoning Map assigned the Commercial Corridor (CC)
District to all of the lands fronting the north side of the S.H. 78 and F.M 544 intersection, except for the subject
area. The Commercial Corridor District provides for a variety of land uses to accommodate both a majority of the
viable existing uses and the commercial uses envisioned by the Comprehensive Plan. The adopted Design
Regulations of the Commercial Corridor District are sufficient to require the quality of development desired at this
highly-visible intersection,and support the desired image of Wylie's central place and identifying physical image.
At the January 2, 2002 Planning and Zoning meeting, the Commission voted 5-0 to approve this zoning case.
Staff is also recommending approval.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak in favor or opposition of the
request to please come forward, state their name and address for the record and limit their comments to three (3)
minutes. With no response,the Mayor then closed the Public Hearing.
Councilman Hogue made a motion to approve the change in zoning from Industrial (I) District to Commercial
Corridor (CC)District, being a 30.278 acre tract of land located in the northwest corner of FM 544 and SH 78,
situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas, being the same
property as conveyed to the City of Wylie by deed recorded in Volume 279, Page 511, Deed Records of Collin
County, Texas, being the same property as conveyed to Gary E. Bowland, Charlotte A. Bowland, Martin L.
Anderson and Susan M. Anderson by deed recorded under the County Clerk's File No. 99-0048505,Deed Records
of Collin County, Texas, being the same property as conveyed to Ronald C. Dow by deed recorded in Volume
1806, Page 902, Deed Records of Collin County, Texas, being the same property as conveyed to the Wylie
Economic Development Corporation by deed recorded in Volume 4572,Page 3563,Deed Records, Collin County,
Texas, being all of Lot 1 and Lot 2, Block A of the Walgreens-Wylie Addition, according to the plat thereof
recorded in Cabinet N, Slide 378, Map Records of Collin County, Texas, being all of Wylie Industrial Park,
according to the plat thereof recorded in Volume 8,Page 55,Map Records of Collin County, Texas,being all of a
tract of land conveyed to Collin County by deed recorded in Volume 4980, Page 2156, Deed Records, Collin
County, Texas, being part of the DART. ROW, being part of old State Highway ROW and being part of F.M.
Highway 544 ROW. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-
0. Councilman Worley absent.
6. Consider and Act Upon an Ordinance annexing all of a certain 68.11 acre tract of land out of the
Guadalupe De Los Santos Survey,Abstract No. 1384, Dallas County, Texas; and generally located on
Pleasant Valley Road.
Minutes of January 8,2002
Wylie City Council
Page 5
Ms.Mindy Manson,Assistant City Manager addressed this item providing Council with a brief background on the
request for voluntary annexation. She stated that the request for annexation was submitted by the owner of the
property, the Southwest Medical Foundation, providing the general area described as the property located directly
north of the new wastewater treatment plant. She stated that should the City Council approve the proposed
annexation,the property will be temporarily zoned as A(Agricultural)until permanent zoning is established. She
concluded by stating that all Public Hearings have been conducted in accordance with State Law,proper notice and
public hearings were conducted on December 10&December 11,2001 and that staff is recommending approval.
The Mayor clarified that the action Council takes this evening is related to boundary change only and is not related
to any future development.
Councilman Trout made a motion to approve the ordinance annexing all of a certain 68.11 acre tract of land out of
the Guadalupe De Los Santos Survey, Abstract No. 1384,Dallas County,Texas;and generally located on Pleasant
Valley Road. Councilman Scott seconded the motion. A vote was taken and the motion was approved, 5-1.
Councilman Young voting in opposition.
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Captions for the Approved Ordinance No's 2002-01, 02, and 03 were read into the record as required by City
Charter.
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Public Safety and Development Issues.
St. Paul Representatives present include, Mayor Pro Tem, Ronnie Fetzer; Councilman Terry Hill; Councilman
John West; Councilman Mark Stone;Councilman John Moser and St.Paul City Attorney,John Rapier.
Wylie City Manager opened the discussion by stating that after some review and research, it was determined that
the cost for providing fire protection to the City of St. Paul exceeds what St. Paul has previously been asked to
pay. St.Paul had been charged$12,000 annually,however,the 2002 budget called for an annual fee of$60,000 to
cover the cost for fire protection. The scheduled worksession was to offer both Council's an opportunity to openly
discuss options and alternatives to St.Paul for continued fire protection with the legal boundaries for both the City
of Wylie and St.Paul.
Representatives of St.Paul agreed that the cost for fire protection is necessary and that they are willing to pay their
fair share, however, at the present time, they do not have the means to fund the increase for continued fire
protection:
Several options were discussed to fund the recent increase including a retainer fee and per call charge or a flat fee
that increase annually. It was determined that St. Paul would meet with their entire Council to discuss funding
alternatives and determine how they could proceed.
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7. Consider and act upon approval of an extension of the Interlocal Agreement for Fire Protection
Services between the City of Wylie and Town of St.Paul.
Councilman Scott made a motion to provide a 30-day extension to the Interlocal Agreement for Fire Protection
Services between the City of Wylie and the Town of St. Paul to determine future funding for continued services.
Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman
Worley absent.
The Mayor called for a five-minute recess before continuing with the Work Session.
Minutes of January 8,2002
Wylie City Council
Page 6
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Discussion of Sign Ordinance
Mr. Claude Thompson,Planner and Mr.Dale Jackson,Building Official were present to address any concerns and
issues with the sign ordinance. There was some discussion and concerns expressed by the Council with regard to
the signage allowed in the Commercial Corridor area Issues stated concerned the visibility of signs along the
Commercial Corridor area, specifically State Highway 78 and FM 544. Mr. Thompson stated that staff would
remove this section from the zoning ordinance for further study.
Discussion of Subdivision Design Standards
City Engineer, Chris Hoisted provided Council with handouts on the Subdivision Design Standards. Issues
covered included Storm Drainage, Water and Sewer Lines and Thoroughfare Standards. There was some
discussion among Council with regard to existing asphalt paved parking lots and future compliance with the new
design standards. It was determined that existing asphalt parking areas are considered non-conforming and any
future maintenance would not change their non-conforming status. Mr. Hoisted stated that adoption
of the proposed Subdivision Design Standards would be presented in the form of an action item for Council
approval.
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With no further business t o come before the Council,the meeting was adjourned at 9:55 p.m.
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Minutes of January 8,2002
Wylie City Council
Page 7