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01-22-2002 (City Council) Minutes MINUTES Wylie City Council Tuesday, January 22, 2002 Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Council Present: Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Merrill Young,and Councilman J.C. Worley. Councilman Eric Hogue and Councilman Chris Trout were excused. Staff Present: Anthony Johnson, City Manager, Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director;Chris Hoisted,City Engineer and Barbara Salinas,City Secretary. MOVATIONAir Keith Spurgin,New Hope Christian Church was present to provide the invocation and Councilman Young lead e Pledge of Allegiance. County Commissioner Jerry Hoagland was present to invite and remind Council of the ceremony that would be held on January 31, 2002 for the official signing of the Right-of-Way and to the presentation by UTD on Bio Technology to be held on February 7,2002 at 7:00 p.m. in the City Council Chambers. A. CONSIDER AND ACT UPON APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF JANUARY 8, 2002. B. CONSIDER AND ACT UPON A PRELIMINARY PLAT FOR THE LGD PROPERTIES TOWNHOUSES,BEING A CERTAIN 1.2388 ACRE TRACT OF LAND SITUATED IN THE S.B. SHELBY SURVEY,ABSTRACT No. 820, AND BEING A PART OF BLOCK 3 OF THE UNRECORDED RUSSELL ADDITION,AND BEING A PART OF LOT 39, BLOCK 8, BROWN AND BURNS ADDITION TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF,RECORDED IN VOLUME 1,PAGES 110-112 OF THE MAP RECORDS OF COLLIN COUNTY,TEXAS,AND BEING A TRACT OF LAND CONVEYED TO MARION M.MCDONALD BY DEED RECORDED IN VOLUME 205, PAGE 653, AND BEING A TRACT OF LAND CONVEYED TO D&M CHECK CASHING BY DEED RECORDED IN COUNTY CLERK'S FILE No. 95-0008356 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS. C. CONSIDER AND ACT UPON APPROVAL OF AN ORDINANCE ADOPTING NEW WATER, SEWER, THOROUGHFARE AND STORM DRAINAGE DESIGN MANUALS AND DETAILS. Councilman Scott asked to remove item A for a correction. Councilman Scott asked for clarification on the work session minutes with regard to the Discussion of Subdivision Design Standards and non-conforming use as it applies to the word"expansion"when referring to asphalt parking areas. Staff determined that the minutes should state".... existing asphalt parking areas are considered non-conforming and any future maintenance or-expansion would not change their non-conforming status." Councilman Scott made a motion to approve Consent Agenda Items A, B and C, with the noted corrections. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 5-0. Councilman Hogue and Trout were absent. Minutes of January 22,2002 Wylie Clty Council Page 1 1. CONSIDER AND ACT UPON APPOINTING A REPLACEMENT TO THE PARK AND RECREATION BOARD AND TO THE WYLIE PARK AND tRECREATION FACILITIES DEVELOPMENT CORPORATION BOARD(4B BOARD)FOR ONE UNEXPIRED TERM ON EACH BOARD ENDING IN JULY 2003;AND APPOINTING A REPLACEMENT TO THE ZONING BOARD OF ADJUSTMENTS FOR ONE UNEXPIRED TERM ENDING JULY OF 2002. Councilwoman Allen made a motion to table this item to the next regular meeting of February 12, 2002. Councilman Scott seconded the motion. A vote was taken and the motion was approved 2. CONSIDER AND ACT UPON AN ORDINANCE ADOPTING A NEW CROSS-CONNECTION PREVENTION AND CONTROL PROGRAM, REPEALING ORDINANCE NUMBER 99-34 AND REPEALING ALL CONFLICTING ORDINANCES. Mr. Dale Jackson, Building Official addressed this item. Mr. Jackson explained the purpose and intent of repealing the ordinance adopted on November 9, 1999 that originally established the City's cross connection program, as required by the TNRCC in compliance with state law. He stated that the 1999 ordinance required installation of vacuum breakers or a Reduced Pressure Principle device to protect water supply contamination from residential lawn sprinklers,which has proven to be problematic and that previously, double-check assemblies were allowed. The consultants, Backflow Management, Inc, included the change in backflow devices in the 1999 ordinance, anticipating that the TNRCC would disallow the use of double-check assemblies for residential lawn sprinklers, however, the TNRCC has no plans to disallow this use. Mr. Jackson concluded by stating that the proposed ordinance also addresses adequate protection of fre sprinkler systems, upgrading the requirement for backflow protection of fire sprinkler systems to help ensure that the contaminated water contained within the lines does not contaminate the drinking water supply. Councilman Worley made a motion to approve the ordinance adopting a new cross connection prevention and control program, repealing ordinance number 99-34 and repealing all conflicting ordinances. Councilman Young seconded the motion. A vote was taken and the motion was approved, 5-0. Councilman Hogue and Trout were absent. 3. HOLD A PUJBLIC HEARING TO CONSIDER AND ACT UPON A CHANGE IN ZONING ON TRACT A FROM SINGLE- FAMILY(SF-3 AND SF-8.5/17)AND BUSINESS-2(B-2)TO MULTI-FAMILY(MF)AND TRACT B FROM MULTI- FAMILY(MF)TO SINGLE-FAMILY(SF 8.5/17),TRACT A,BEING APPROXIMATELY 8.175 ACRES AND TRACT B BEING APPROXIMATELY 5.969 ACRES SITUATED IN THE D.W. WILLIAMS SURVEY, ABSTRACT No. 980 AND THE ALLEN ATTERBURY SURVEY, ABSTRACT No. 23, CITY OF WYLIE, COLLIN COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND CONVEYED TO JCM PROPERTIES, ACCORDING TO THE DEED RECORDED IN VOLUME 2223, PAGE 874, AND PART OF TWO TRACTS OF LAND CONVEYED TO JCM PARTNERS,L.P.,ACCORDING TO THE DEED RECORDED IN COUNTY CLERK FILE NUMBER 96-0045039,AND PART OF A TRACT OF LAND CONVEYED TO VERNA M.POOR AND MICHAEL R.POOR ACCORDING TO THE DEED RECORDED IN VOLUME 4409, PAGE 2100 OF THE BLED RECORDS OF COLLIN COUNTY, TEXAS. (ZONING CASE No.2001-16) Mr. Claude Thompson addressed this item providing Council with a brief background on the zone change request. He stated that the applicant is requesting rezoning of the subject tracts currently zoned Multi-family,Business and Single-Family in order to relocate the Multi-family and eliminate the Business uses. Recently adopted revisions to the Zoning Ordinance and Map,changed the subject Business-2 District to Neighborhood Services and the Single Family-3 to Single Family-8.5/17. The subject Multi-family remained MF. Application for rezoning submitted for review prior to the adoption of the November revisions. Proposed rezoning will eliminate the commercial zoning district and relocate the Multi-family zoning to the frontage along Elm Road and expand the MF from 8.23 acres to 10.44 acres. The remainder of the property will remain zoned SF-8.5/17. Public Comment Forms were mailed to four (4) property owners within 200 feet of this request. Two Comment Forms FAVORING and one OPPOSED to the proposal. At the January 15, 2002 Planning and Zoning meeting, the Commission voted 4-1 to recommend approval of this zoning case. Staff also recommends approval. Minutes of January 22,2002 Wylie City Council Page 2 The applicant Mr. Steve Parsons, S.C. Parsons, Inc, 16810 Deer Park was present to address any questions or concern of the Council. There was considerable discussion regarding multi-family development with regard to the proposed relocation and the number of units. Also discussed was the time frame with regard to the developments, specifically the construction of the multi-family units. I/Ir. Parsons explained that the proposed development would take approximately three to four years for completion. 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 and state their name and address for the record, limiting their comments to three minutes. Mr.David Swavey,145 Hughes Court Mr. Swavey spoke in opposition of the request. His concerns were with adding more development before infrastructure is in place. Mr.Frankie Delgado,1011 Meandering Way Mr. Delgado read from an email that he had sent to the Mayor and Council expressing his opposition to the development. Mr. Delgado's concerns were specifically related to the development of multi-family/apartments and its impact on the existing property owners and burden to the taxpayers and school district to support the additional families. Mr.James Smith,112 Martin,Wylie,Texas Mr. Smith spoke in opposition of the request. His concerns were changes to the comprehensive plan and undesired growth patterns. Mr.Bob Skipwith,1450 Elm Drive Mr. Skipwith spoke in opposition to the request. His concerns were property value, impact to traffic and school district and lack of tax benefit from apartments. Mr.Rick Foster,2010 Elm Drive Mr.Foster spoke in opposition to the request. His concerns included those of his neighbor,Mr. Skipworth,as well as the traffic impact on existing roads, specifically 381. He asked that the Council consider tabling this item for further review and consideration of issues. Mr. Carl Foster,2320 Elm Drive Mr. Foster spoke in opposition of the request. He stated his concerns were with the impact that additional traffic will have on the existing roads. He also stated that he had visited with Mr. Parsons and multi-family development was not mentioned. He advised Council to consider all issues before taking any action. Mr.Kevin Sanders, 1780 Elm Drive Mr. Sanders spoke in opposition of the request stating that he agreed with all that had been already stated. He stated that he felt that there was no vision for Wylie. Mr.Willis Dykes, 1820 Elm Drive—C.R 381 Mr. Dykes spoke in opposition of the request. His concerns were the existing roads and the future widening and maintenance. He asked that Council review with the developer and consider develop Single Family homes. Mr.Skipworth,Sr.,315 Hilltop Mr. Skipworth spoke in opposition of the request. His concerns were the multifamily development, specifically that there was not a need in Wylie for apartments,citing the existing mobile home communities as sufficient. Mr.Wylie Dunham, 1740 Elm Drive Mr.Dunham echoed the concerns of his neighbors. Minutes of January 22,2002 Wylie City Council Page 3 Mr.Jerry Pots,108 Martin Drive Mr. Pots spoke in opposition of the request. He stated his reasons for moving from the big city to the atmosphere offered. He urged Council to consider this request and keep Wylie the place everyone loves. Mr. Steve Parsons, developer apologized to those who were unaware of the zoning request. He stated that he wants to produce a quality project and asked for guidance from the Council. Ms.Mindy Manson stated that Council had some options. She stated that if the item is tabled to the next meeting, then we could look at alternatives. If Council chooses to deny, it would go back to the Planning and Zoning Commission. Mr. Johnson, City Manager added that if Council chooses to table the item, the only alternative would be to come back with what was requested only more restricted. Councilman Scott made a motion to deny the a change in zoning on Tract A from Single-Family (SF-3 and SF- 8.5/17) and Business-2 (B-2) to Multi-Family (MF) and Tract B from Multi-Family (MF) to Single-Family (SF 8.5/17), Tract A, being approximately 8.175 acres and Tract B being approximately 5.969 acres situated in the D.W. Williams Survey, Abstract No. 980 and the Allen Atterbury Survey, Abstract No. 23, City of Wylie, Collin County, Texas, being a portion of a tract of land conveyed to JCM Properties, according to the deed recorded in Volume 2223, Page 874, and part of two tracts of land conveyed to JCM Partners, L.P., according to the deed recorded in County Clerk File Number 96-0045039, and part of a tract of land conveyed to Verna M. Poor and Michael R. Poor according to the deed recorded in Volume 4409, Page 2100 of the Deed Records of Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion to deny was approved, 5-0. Councilman Hogue and Trout were absent. The Mayor then called for a short recess at 7:17 p.m. The Council reconvened at 7:32 p.m. 4. HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A CHANGE IN ZONING FROM AGRICULTURAL(A) TO PLANNED DEVELOPMENT (PD-SF-10/19),BEING A CERTAIN 68.11 ACRE TRACT OF LAND SITUATED IN THE GUADALUPE DE LOS SANTOS SURVEY.ABSTRACT No. 1384,AND BEING PARTS OF LOTS No. 1 AND 2 OF THE PARTITION OF THE ESTATE OF JOSIAH STONE AMONG HIS CHILDREN,AND BEING PART OF A 154.31 ACRE TRACT AND A 1.01 ACRE TRACT CONVEYED TO B.B.OWEN AND H.A.WALKER BY DEED DATED JULY 30, 1960,AND FILED FOR RECORD AUGUST 5, 1960,IN THE DEED RECORDS OF DALLAS COUNTY,TEXAS. (ZONING CASE No.2001-17) Mr. Claude Thompson addressed this item. Mr. Thompson stated that the applicant has requested that Council table this item until the February 12,2002 meeting. Since the items was advertised as a Public Hearing, 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 and state their name and address for the record,limiting their comments to three minutes. Ms.Pat Martin,4040 Avion Ms. Martin spoke in opposition of the request and provided Council with ariel photos of the proposed area of development. She mentioned and pointed out the retention ponds and problems the development could create. She asked the Council consider denial. Ms.Christy Shatswsell,3307 Whitley Road Ms. Shatswell spoke in opposition of the request. Her concerns included size of homes/lots and additional traffic congestion. Mr.Ron Metcalf,9450 Wells Road Mr. Metcalf spoke in opposition to the request. His concerns included the existing road and ability to sustain additional traffic. He asked that Council adhere to the Comprehensive Plan. Mr. Clinton Loggins,9512 Wells Road Mr. Loggins spoke in opposition of the request. His concerns in:iuded the addition to an already overcrowded school district; existing road conditions combined with additional traffic; increase in refuse service and the proposed treatment plant. He felt that these issues would impact current residents in a negatively. Minutes of January 22,2002 Wylie City Council Page d ,.,. Mr.Travis Brock,9427 Wells Road Mr. Brock spoke in opposition to the request. His concerns included increased traffic; decreasing property value and inadequate utilities. Mr. Cliff Martin,4040 Avion Mr. Martin spoke in opposition to the request. He reminded council that the zoning board has met and unanimously voted to reject the proposal of smaller homes and asked that Council take some time and review the proposed request. His expressed his desire to keep the area a rural atmosphere area with two-acre lots and 2,500 square foot homes. Carolyn Proctor,4035 Avion Ms. Proctor spoke in opposition of the request. She agreed with the action to annex, however, she expressed concerns regarding the proposed development. She then read the city of wylie's mission statement. She stated that she did not want to see smaller homes and would recommend two-acre lots and 2,500 to 4,000 square foot homes. Scott White,9470 Wells Road Mr. Scott asked that the Council table this item. He expressed his concerns regarding the size of the homes, the Garland landfill that would increase the truck traffic and the new wastewater treatment plant. He also expressed concerns regarding access from Sachse Road and school bus traffic. He asked that Council consider two-acre tracts for the proposed development. Becky Sanoja,4060 Avion Drive Ms. Sanoja spoke in opposition of the request. She stated that shP moved to the United States and is originally from England and chose the area because of the atmosphere. She is opposed to small houses on small lots and the proposed treatment plant and Garland landfill. Vanessa Sanoja,4060 Avion Drive Ms. Sanoja spoke in opposition of the request. She stated that she and her family moved to Wylie from Plano four years ago and that they enjoy the country side atmosphere. She stated opposition to small house on small lots,the proposed Garland landfill, the wastewater treatment plant, and the burden of additional students on an already overcrowded school system. She asked that the Council vote against the proposed zone change. Melinda Bento;3525 Whitley Road Ms. Bento spoke in opposition of the request and asked that the Council consider tabling the item. She expressed concerns including increased traffic and burden to school systems. Richard Proctor,4035 Whitley Road Mr. Proctor spoke in opposition of the request. He expressed his concerns regarding the quality of life and suggested a one to two acre lot development. Mr.RP.Miller,101 Hunter Glen Mr.Miller spoke in opposition to the request. He expressed concei'is that included non-consistency to the existing area;opposition to the smaller homes. He stated that the City of Wylie has plenty of starter homes within the city. He concluded by stating that the proposed development would not enhance the entrance to the city. Mr.Don Smith,5102 Sachse Road Mr. Smith spoke in opposition of the request. He stated that he currently lives at Happy Acres Ranch and he is opposed to small houses on small lots. He stated that this type of development is similar to a project in Lewisville and it attracted an element of residents that caused the crime rate to escalate. He also mentioned issues with sewer and landfill and the addition of starter homes. Ms.Cecile Mekias,3507 Pleasant Valley Road Ms. Mekias spoke in opposition of the request. She expressed concerns regarding the burden to the already overcrowded school district and conditions of existing roads. Minutes of January 22,2002 Wylie City Council Page 5 Ms.Jackie Mekias,3507 Pleasant Valley Road Ms. Mekias stated that she lives in the Sachse area and is concerned about the increase in traffic that this development will cause. She also expressed concerns regarding the overcrowded Garland School District. She stated that they all (neighbors) purchased individual, beautiful homes and this development is not consistent with the area. With no further response,the Mayor then closed the Public Hearing. Councilman Scott made a motion to table the request for a change in zoning from Agricultural (A) to Planned Development (PD- SF-10/19), being a certain 68.11 acre tract of land situated in the Guadalupe De Los Santos Survey. Abstract No. 1384,and being parts of Lots No. 1 and 2 of the partition of the estate of Josiah Stone among his children,and being part of a 154.31 acre tract and a 1.01 acre tract conveyed to B.B. Owen and H.A. Walker by deed dated July 30, 1960, and filed for record August 5, 1960, in the Deed Records of Dallas County, Texas to the February 12, 2002 meeting. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 5-0. Councilman Hogue and Trout were absent. RIOUI NDIOV W'LIE V T:: :::CH. :::> AR C::>E :: .::'::: h>:»': isle »»<«<>>>[> »> The City Secretary read the ordinance captions into the record for approved Ordinance Numbers, 2002-05 and 2002-06. ' ' .... The Mayor then announced that the Council would now convene into Executive Session in accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Law), SS551.071 Consultation with City Attorney regarding pending or contemplated litigation, Lanny Payne vs. the City of Wylie; SS 551.074 Personnel Matters;to deliberate the evaluation of the City Manager. _:_;i:•: Y,',:ii:,:,is:i::::� '::i::::::i:::�-:� -:::::: ::::i::is��.:::::::::::::::::::i::ii:: :-:::=: ::::i::::::':::::::::::::i:::::::::::::::::::::::i:::::: �i<��::F:Ll �:: 3:��1:�tA'::: ;: :: :. !.{.y. .. .:.^.::•`•.■ '•.����y}}.:. yam'( ......................................... The following action was taken as a result of the Executive Session. SS551.071- Consultation with City Attorney regarding pending or contemplated litigation, Lanny Payne vs. the City of Wylie. Councilman Scott made a motion to approve the agreement and Councilman Worley seconded the motion. A vote was taken and the motion was approved 5-0. Councilman Hogue was present and participated in the Executive Session. SS 551.074 - Personnel Matters; to deliberate the evaluation of the City Manager. Councilman Scott made a motion and Councilman Worley seconded, to adjust the pay of the City Manager. A vote was taken and the motion was approved, 6-0. Councilman Trout was absent. With no further business to come before the Council,the meeting was adjourned at 10:30 p.m. hn ondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of January 22,2002 Wylie City Council Page 6