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05-14-2002 (City Council) Minutes . _ . MINUTES Wylie City Council Tuesday, May 14, 2002 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present:Mayor John Mondy, Councilman Joel 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 Sneligrove, Finance Director;Chris Hoisted,City Engineer and Barbara Salinas,City Secretary. Rev John Thornton,Wylie United Methodist Church,was present to provide the invocation and Councilman Trout was asked to lead the Pledge of Allegiance. ............ .... ... ROC. AMATIO S..t P EN' ATIONS Mr. Chris Lummis,Manager of Community Mitigation representing the ISO Office presented Chief Shan English and members of the Wylie Fire Department with a plaque for their recent achievement of attaining a Class One rating. Also present were Mr. Chris Baron of the State Fire Marshal's Office and Mr. Jesse Williams, Deputy State Fire Marshal. It was noted that there were only forty-four class 1 ratings that were awarded to fire departments within the United States. Chief English expressed his appreciation to all of the city staff who were instrumental in assisting the Fire Department with their Class 1 rating. City staff present included Mr. Chris Hoisted, City Engineer and Mr. Jack Jones,Public Works Superintendent. None. A. Approval of the Minutes from the Regular Meetings of April 23,2002 and the Canvass of Election Returns of May 7,2002. B. Consider and act upon a Preliminary Plat for the Southbrook Addition, being a certain 66.88583 acre tract of land situated in the D.W.Williams Survey,Abstract No. 980 and the Allen Atterberry Survey,Abstract No. 23,City of Wylie, Collin County,Texas,and being a part of a tract conveyed to the JCM Properties,L.P. according to the deed recorded in Volume 2233,Page 874 of the Deed Records of Collin County,Texas,and all of two tract conveyed to JCM Partners,L.P. according to the deed recorded in County Clerk's File No. 96-0045039 of the Deed Records of Collin County, Texas, and being all of the tract conveyed to Verna M. Poor according to the deed recorded in Volume 4409,Page 2100 of the Deed Records of Collin County,Texas. Councilman Hogue asked for corrections to Consent Agenda item No. A, asking that page 2, Item 5 reflect"Chris Hoisted" rather than "Chris Trout". With no further corrections, Councilman Hogue made a motion to approve Consent Agenda Items A and B. Councilman Young seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Worley was absent. Minutes—May 14,2002 Wylie City Council Page 1 1. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Agriculture(A)with a Special Use Permit(SUP)for Governmental Installation,being a 10.009 acre tract of land Iccared east of Country Club Road (FM 1378) and north of West Brown Street (FM 3412), and being situated in the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas, and being all of a tract conveyed to the Wylie Independent School District as recorded in County Clerk's File No. 2001-027918,Deco; Records of Collin County, Texas. (Zoning Case No. 2002-02) Mr. Claude Thompson addressed this item, providing a brief background on the request. The applicant is requesting a Special use Permit(SUP)in order to allow a Governmental Installation (Wylie I.S.D.Transportation Center) to be developed within an Agricultural (A) District. At the April 16, 2002, Planning and Zoning Commission meeting,the Commission voted 4-0 to recommend denial due to traffic safety issues and the need to ascertain the validity of contamination on the subject property. Staff is recommending approval. The Departments of Development Services,Public Works and Fire concur with this recommendation. The Mayor then opened the public hearing and asked that anyone wishing to speak in favor or opposition of the request, please come forward, stating their name and address for the record and limiting their comments to three minutes. Mr.Terry Brown Mr.Brown spoke in favor of the request stating that the project was well planned and hopes that it is approved. Mr.Anthony McElroy Mr.McElroy submitted a letter of opposition regarding the request citing traffic concerns and general appearance of the facility. Dr.H.John Fuller,WISD Superintendent Dr. Fuller provided Council with a reminder of the history of the acquisition of the land for the proposed project and the issues they have worked through with the TNRCC with regard to contamination. Dr. Fuller stated they plan to develop a nice facility and be sensitive to the surrounding area. They plan to use live screening and offered his commitment to maintenance in the future. There was some discussion regarding bus traffic,hours of operation and the ability for buses to make the turn into the facility without interfering with oncoming traffic. Dr. Fuller stated that the traffic would be limited to early morning and afternoon and that bus maintenance would only take place during daytime hours as the facility would not be staffed during the evening hours. With regard to the turn lane,Dr. Fuller assured Council that there would be ample space for the buses to turn into the facility without encroachment onto the oncoming lane of traffic. With no further comment,the Mayor then closed the Public Hearing. Councilman Trout made a motion to approve the change in zoning from Agriculture(A)to Agriculture(A)with a Special Use Permit(SUP)for Governmental Installation,being a 10.009 acre tract of land located east of Country Club Road (FM 1378) and north of West Brown Street (FM 3412), and being situated in the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas, and being all of a tract conveyed to the Wylie Independent School District as recorded in County Clerk's File No. 2001-027918,Deed Records of Collin County, Texas. (Zoning Case No. 2002-02) Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Worley was absent. 2. Consider and act upon a Preliminary Plat for the Wylie LS.D. Transportation Center Addition, being a certain 10.009 acre tract of land situated in the Charles Atterbury Survey,Abstract No. 22, City of Wylie, Collin County, Texas, and being all of a tract conveyed to the Wylie Independent School District as recorded in County Clerk's File No.2001-027918 Deed Records of Collin County, Texas. Minutes—May 14,2002 Wylie City Council Page 2 Mr. Claude Thompson, Planning Director addressed this item providing Council with a brief background on the request. He stated that the Preliminary Plat under consideration is to accommodate the new bus maintenance and storage facility of the Wylie Independent School District. This facility will relocate all W.I.S.D. transportation operations from the temporary location at the Jr. High School campus (and earlier from the vicinity of Birmingham Street and S.K 78). The Plat will create a single lot of 10.009 acres. A request to change the zoning on the subject property from Agriculture (A) District to a Special Use Permit for Governmental Installation (A/SUP) is also on the current agenda for consideration. (Item No. 1) A Site Plan will be approved with that zoning. At April 16, 2002, Planning and Zoning Commission meeting, the Commission voted 4-0 to recommend denial of this Preliminary Plat due to traffic safety issues and the need to ascertain the validity of contamination on the subject property. Staff is recommending Approval. The Departments of Development Services,Public Works and Fire concur with this recommendation. Councilman Scott made a motion to approve the Preliminary Plat for the Wylie I.S.D. Transportation Center Addition,being a certain 10.009 acre tract of land situated in the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas, and being all of a tract conveyed to the Wylie Independent School District as recorded in County Clerk's File No. 2001-027918 Deed Re.:ords of Collin County, Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Worley was absent. Councilman Young and City Manager Anthony Johnson were excused from the remainder of the meeting. 3. Consider and act upon a waiver of alleys, for a 17.597 acre undeveloped tract generally located north of Ann Drive and east of Westgate Way. Mr. Claude Thompson addressed this item providing Council with a brief background of the request. He stated that Section 2.9 of the Paving Standards states that"Alleys shall be required in all residential areas, and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City". The subject tract is zoned for Single Family-8.5 residential uses. The applicant intends to develop a residential subdivision and contends that alleys are inappropriate due to the unique configuration of the subject tract,which dictates construction of front-access garages,and is requesting that the alley requirement be waived. Staff is recommending denial, as no physical hardship which eliminates the feasibility of alleys has been demonstrated. After clarification as requested by the Mayor, regarding physical hardship, Councilman Hogue made a motion to deny the request for waiver of alleys,for a 17.597 acre undeveloped tract generally located north of Ann Drive and east of Westgate Way. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 5-0. Councilman Worley and Young,absent. 4. Consider and act upon the award of a contract for the Rustic Oaks Drainage Improvements to Craig Olden,Inc.in the amount of$485,771.75. Mr. Chris Hoisted, City Engineer addressed this item providing Council with a history and intent of the project. He stated that improvements to the Rustic Oaks channel from Brown St. to Fleming St. were in the 1999 Bond, as well as the installation of an underground storm drain system to carry low flow drainage and an open earthen-line channel above to provide additional capacity for large rainfall events. It was determined that easement width would not allow a 100-year rainfall event to be conveyed with these improvements.On September 13, 2001 the City held a public meeting to discuss options for the design of the drainage channel. The recommended section included a four-foot wide concrete channel in the center with concrete bag walls on each side. The low bid was Tri-Con Services, Inc, however, this project would be Tri-Con's first installation of a concrete bag wall. Craig Olden, Inc. submitted an alternate hid for the installation of stone gabion baskets in lieu of a concrete bag wall along the sides of the drainage channel, and has an excellent experience record in gabion construction. Staff recommends award to Craig Olden, Inc. to provide all equipment, labor and materials for the construction of the Rustic Oaks drainage improvements. The 1999 Drainage Bonds included $450,000 for the Rustic Oaks improvements; Approximately$53,000 has been spent on the project for engineering fees. Additional monies will be applied to this project from the interest earned on the bond funds. Minutes—May 14,2002 Wylie City Council Page 3 There was some discussion regarding the installation and life of the gabion baskets. Mr. Hoisted stated that they are protected with a wire similar to chicken wire and the threat of vandalism is minimal, as it would take some effort to destroy. He also explained that the bags are watered and allowed to harden adding that he has known of projects using the gabion baskets that are 15 to 20 years cid. Mr. Hoisted concluded that the recommended contractor has an excellent reputation for this type of project and has twenty years experience in surrounding cities. Councilman Hogue made a motion to approve the award of contract for the Rustic Oaks Drainage Improvements to Craig Olden in the amount of$485,771.75. Councilman Scott seconded the motion. A vote was taken and the motion was approved,4-1, Councilman Trout voting in opposition. Councilman Worley and Young,absent. 5. Consider and act upon approval of the City's participation in the North Central Texas Council of Governments Regional Emergency Management Planning Council including the payment of assigned fees and the nomination of an elected official to serve on the Planning Council and staff member to serve on the Planning Council's Technical Committee. The Mayor addressed this item, offering a brief explanatica of the necessity and intent of the request. He stated that in February the Council of Governments hosted an Emergency Preparedness Conference which dealt with threats of bioterrorism and as a result,the Executive Board has authorized the creation of a Regional Emergency Management Planning Council. The program would facilitate the coordination of the various emergency preparedness plans of the members as well as state and federal agencies,hospitals and other private sector entities in order to better respond to a large-scale catastrophic event or natural and human caused emergency situations. Participating city's are asked to nominate an elected official to be .;onsidered for a seat on the Council and staff member to serve on the Council's Technical Committee. The Council of Governments is asking for financial assistance by assigning fees based on population. In order to expedite the implementation of the program, the Council of Governments is requesting that participating cities pay one-half of the assigned fee before May 31, 2002. Councilman Scott made a motion to approve the City's participation in the North Central Texas Council of Government Regional Emergency Management Planning Council to include the payment of assigned fees, and nominated Councilman Hogue as the elected official for consideration of an appointment to the Regional Emergency Management Planning Council and Fire Chief Shan English as the staff member to serve on the Council's Technical Committee. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,5-0. Councilman Worley and Young,absent. In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, the sections of the act authorizing the closed session will be identified and announced. Any subsequent action, as a result of this Executive Session,will be taken and recorded in open session. The Mayor announced at 6:55 p.m. that the Council would convene into Executive Session to discuss Item 6, as posted on this agenda in accordance with Section 551.071,Consultation with Attorney. The Mayor and Council reconvened into regular session at 7:13 p.m. 6. Consider and act upon an Agreement with B&D Land, Cent ex Homes, Ryland Homes and Zena Land Development. Councilman Scott made a motion to approve the Agreement with B&D Land, Centex Homes, Ryland Homes and Zena Land Development. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 5-0. Councilman Worley and Young,absent. Minutes—May 14,2002 Wylie City Council Page 4 With no further business,the meeting was adjourned at 7:15 p.m. Joh Mondy,Mayor ATTEST: City Se etas y �� Minutes—May 14,2002 Wylie City Council Page 5