09-10-2002 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, September 10, 2002 — 6:0 0 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
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Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen,Councilman Eric Hogue,
Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout.
Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,
Finance Director,Chris Hoisted, City Engineer,and Barbara Salinas,City Secretary.
Rev. Al Draper, First Baptist Church of Wylie was present to provide the Invocation. Councilman
Hogue was asked to lead the Pledge of Allegiance.
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The Mayor and Mayor Pro Tem presented a Proclamation recognizing and honoring Shane Sorrells for
action taken as a result of an apartment complex fire. Shane was instrumental in alerting residents of
the fire.
None.
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A. Approval of the minutes from the May 28,August 13, and August 27, 2002 Regular Meetings; and the
August 15,2002 Special Called Meeting.
B. Consider and act upon a Preliminary Plat for the for The Village Addition, generally located south of
Fleming Drive and east of Westgate Way between the Westgate Hollow Addition and the Bachon
Townhomes Addition, being all of a certain 16.842 acre tract of land, as described in a deed to David
Litowitz as recorded in County Clerk's File Number 93-0100356 of the Deed Records of Collin County,
Texas situated in the E.C.Davidson Survey,Abstract No.266,City of Wylie,Collin County,Texas.
C. Consider and act upon a request from the Wylie Chamber of Commerce and Wylie Downtown
Merchants to use Olde City Park and the Bart Peddicord Community Center for the Wylie Country
Fair.
D. Consider and act upon a request from the Wylie Youth Soccer Association to use Community Park for
the W.Y.S.A."Soccer Fest."
Councilman Scott asked to remove Consent Agenda Item A. Councilman Scott asked that Page 3, Item No. 5,
second Paragraph reflect that Councilman Young made the motion with a second by Councilman Worley. With
no further corrections, Councilman Scott made a motion to approve Consent Agenda Items A, B, C, and D.
Councilwoman Allen seconded the motion. The motion was approved,7-0.
The Mayor called for a recess to allow the Parks and Recreation Facilities Development Corporation Board to
convene.
Minutes—September 10,2002
Wylie City Council
Page 1
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Parks and Recreation Facilities Development Corporation Board Members present: Mayor John Mondy,
Councilman J.C. Worley,Councilman Chris Trout,Councilman Eric Hogue,Library Board representative, Shirley
Burnett and Parks and Recreation Representative, Lisa Williams. Library representative, Dan Chesnut was
absent.
la. Consider and Act Upon Approval of the FY03 4B Budget, authorizing expenditures for the FY03
Community Services Facilities Capital Improvement Plan.
Councilman Trout made a motion to approve the FY0' 4B Budget, authorizing expenditures for the FY03
Community Service Facilities Capital Improvement Plan. Councilman Worley seconded the motion. A vote was
taken and the motion was approved,6-0. Library Board representative, Chesnut absent.
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1. Consider and Act Upon Approval of the FY03 4B Budget and the Community Services Facilities
Capital Improvement Plan
Councilman Worley made a motion to approve the FY03 4B Budget and the Community Services Facilities
Capital Improvement Plan. Councilman Young seconded the motion. A vote was taken and the motion was
approved,7-0.
2. Consider and act upon approval of an Ordinance of the City of Wylie,Texas,amending the budget for
Fiscal Year 2002, beginning October 1,2001, and ending September 30, 2002; repealing all conflicting
ordinances;containing a severability clause; and providing for an effective date.
Mr. Brady Snellgrove, Finance Director, addressed this item providing Council a brief background on the
proposed amendments.
Councilman Worley made a motion to approve an Ordinance of the City of Wylie,Texas,amending the budget for
Fiscal Year 2002,beginning October 1,2001 and ending September 30,2002;repealing all conflicting ordinances;
containing a severability clause and providing for an effective date. Councilman Hogue seconded the motion. A
vote was taken and the motion was approved,7-0.
3. Hold a public hearing and consider and act upon an ordinance of the City of Wylie, Texas, adopting a
budget and appropriating resources for Fiscal Year 2003, beginning October 1, 2002, and ending
September 30,2003.
Mr. Brady Snellgrove, Finance Director, addressed this item providing Council a brief background on the
proposed budget.
The Mayor opened the Public Hearing and asked that anyo.le wishing to speak either in favor or opposition of the
proposed budget to please come forward and state their name and address for the record and limit their comments
to five minutes. With no response,the Mayor then closed the Public Hearing.
Councilman Young made a motion to approve the ordinance of the City of Wylie, Texas, adopting a budget and
appropriating resources for Fiscal Year 2003, beginning October 1, 2002, and ending September 30, 2003.
Councilman Worley seconded the motion. A vote was taken and the motion was approved,7-0.
Minutes—September 10,21)02
Wylie City Council
Page 2
4. Consider and act upon an ordinance fixing the tax rate/levy for 2002 and for the fiscal year 2002-2003
Budget. The tax rate proposed is seventy-one and half cents($0.715)per$100 of assessed value.
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Councilman Young made a motion to approve the ordinance fixing the tax rate/levy for 2002 and for the fiscal
year 2002-2003 Budget at the rate proposed of seventy-one and half cents ($0.715) per $100 of assessed value.
Councilman Worley seconded the motion. A vote was taken and the motion was approved,7-0.
5. Consider and act upon a Resolution to reimburse certain capital and related expenditures with
proceeds from future debt revenues from general obligation bonds.
Mr. Brady Snellgrove, Finance Director addressed this item providing Council a brief background on the intent
and necessity of the proposed Resolution.
Councilman Hogue made a motion to approve the Resolution to reimburse certain capital and related expenditures
with proceeds from future debt revenues from general obligation bonds. Councilwoman Allen seconded the
motion. A vote was taken and the motion was approved,7-0.
6. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned
Development (PD)for Single-Family Residential, generally located west of FM 544 South and south of
Stone Road and Stoneridge Farms Addition, being all of a certain 45.07 acre tract of land,as described
in Volume 309, Page 285 of the Deed Records of Collin County, Texas and being the same tract
described in Volume 2359, Page 296 of the Deed Records of Collin County, Texas, situated in the A.
Atterberry Survey,Abstract No. 23,City of Wylie,Collin County,Texas. (Zoning Case No.2002-06)
Mr. Claude Thompson addressed this item and advised du, Council that the applicant has requested that the
application be withdrawn from consideration.
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 five
minutes. With no response,the Mayor then closed the Public Hearing.
7. Hold a Public Hearing to consider and act upon a change in zoning from Neighborhood Services(NS)to
Single-Family 8.5/17 (SF-8.56/17) Residential, generally located east of Ballard Avenue and south of
Southplace Estates Addition,being part of a certain 48.516 acre tract as described in Clerks File No.95-
0018290,in the Deed Records of Collin County,Texas. (Zoning Case No.2002-07)
Mr. Claude Thompson addressed this item and advised die Council that the applicant has requested that the
application be withdrawn from consideration.
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 five
minutes. With no response,the Mayor then closed the Public Hearing.
8. Consider and act upon approval of an Ordinance abandoning the right-of-way of Butler Street between
South Ballard Avenue and South Jackson Avenue, and abandoning the right-of-way of the alley within
Block 33 of the Railroad Addition(being the segment running north-to-south between Butler Street and
State Highway 78 and located between Ballard Avenue and Jackson Avenue).
Mr. Claude Thompson addressed this item and provided Council a brief background on the intent of the proposed
ordinance. Mr.Thompson stated that adjoining property owners have requested that the City abandon the public
rights-of-way that segment of Butler Street between South Ballard Avenue and South Jackson Avenue and the
segment of the alley within Block 33 of the RailRoad Addition,between Ballard Avenue and Jackson Avenue and
extends between Butler Street and S.H. 78. He stated that both Butler Street and the alley were created by the
platting of the Railroad Addition,one of the original subdivisions within the City of Wylie. The Butler Street
Minutes—September 10,2002
Wylie City Council
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Agenda Item No.8—continued
right-of-way is 80 feet wide and the segment to be abandoned is approximately 270 feet in length, totaling 21,600
square feet. Butler has 35 feet of asphalt paving and open ditch drainage,which are not centered within the right-
of-way but is offset 5.5 fed toward the north right-of-way line. Butler merges with Jackson Avenue in a three-
way intersection at State Highway 78. He stated that in July of 2002, the City Council rezoned the properties
abutting Butler on the south from Single-Family Residential (SF 8.5/17) to Corridor Commercial (CC) District.
The western portion of this property fronting Jackson is occupied by the Regal Lube and Oil, and the eastern
portion fronting Ballard is currently vacant but anticipate developments of office and retail uses.
Mr. Thompson stated that the alley is 20 feet wide and the segments to be abandoned is 103.75 feet long,
containing 2,075 square feet. The alley is unimproved, but serves as the location of electric lines. Properties
abutting the subject alley are zoned Corridor Commercial (CC) District, and the eastern portion fronting Ballard
Avenue is occupied by a retail use. All owners of properties abutting the subject segments of Butler and the alley
have indicated agreement with the closure as well as potential interest in ownership of that portion of the right-of-
way that abuts their parcels. Replatting of adjacent properties in order to incorporate the right-of-way and create
easements for utilities will require future approval of the City Council.
Mr. Thompson stated that Wylie City Code(Ordinance No. 96-25)requires that the City convey, sell or exchange
abandoned street or alley property for fair market value, and is precluded from giving the property away or selling
it for less than fair market value. The City acquired the services of Right-of-Way Acquisition Consultants to
conduct an appraisal of the property and establish its fair market value that indicated that the fair market value of
the property is established at$8.50 per square foot for the 23,675 square feet, or a total value of$201,238 and
rounded by the appraiser to $200,000. Mr. Thompson stated that the property owners have questioned the$8.50,
but are willing to move forward.
Councilman Worley made a motion to approve the Ordinance abandoning the right-of-way of Butler Street
between South Ballard Avenue and South Jackson Avenue, and abandoning the right-of-way of the alley within
Block 33 of the Railroad Addition (being the segment running ring north-to-south between Butler Street and State
Highway 78 and located between Ballard Avenue and Jackson Avenue). Councilman Hogue seconded the motion.
A vote was taken and the motion was approved, 7-0.
9. Consider and act upon a variance of requirement for alleys,to permit 15 feet rights-of-way and 12 feet
pavement,for a 34 acre undeveloped tract generally located west of North Ballard Avenue(F.M. 2514)
and south of the Harvest Bend Addition.
Mr. Claude Thompson addressed this item and provided Council with a brief background on the variance. Mr.
Thompson stated that Section 5.04.B.(3) of the Subdivision Regulations, adopted in 1993, states that"Alleys for
front entry lots shall be constructed a minimum of 10 feet in width within a minimum 15 feet of right-of-way".
The Subdivision Regulations require 12 feet of paving within 20 feet rights-of-way for rear entry lots, comparable
to the requirements of the Thoroughfare Standards.
He advised that the subject tract is the old Peerless Manufacturing property, rezoned from Industrial (I)to Single
Family-8.5 Residential District with the City-wide revision of the Zoning Ordinance and Map in February of 2002.
The applicant intends to develop a residential subdivision with front entry garages which conforms with the
current SF-8.5 requirements of the Zoning Ordinance. The applicant contends that wider alley rights-of-way of
the new Thoroughfare Standards is restrictive and forces the elimination of lots,due to the unique configuration of
the subject tract and its adjacency to an existing 15 feet wide alley within a developed subdivision.
Mr. Thompson stated that the applicant also anticipates construction of streets within the new development which
have 31 feet of pavement within 50 feet of rights-of-way. These streets will continue streets from the adjacent
subdivision which were constructed with 27 feet of pavement within 50 feet of right-of-way. The current
Thoroughfare Standards require 55 feet of right-of-way with 31 feet of pavement. The City Engineer has
approved the proposed reduction in street right-of-way width for the subject development,and intends to propose a
similar revision to the Thoroughfare Standards.
Minutes—September 10,2002
Wylie City Council
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Agenda Item No.9-continued
Mr. Thompson stated that staff is recommending approval and that the requested variance will result in alleys
which comply with the minimum alley widths required by the Subdivision Regulations. He stated that the
pavement will remain the same. There was some discussion and concerns regarding issues with Anne Drive.
Councilman Trout made a motion to approve the a variance of requirement for alleys,to permit 15 feet rights-of-
way and 12 feet pavement,for a 34 acre undeveloped tract generally located west of North Ballard Avenue(FM
2514)and south of the Harvest Bend Addition. Councilman Worley seconded the motion. A vote was taken and
the motion was approved,7-0.
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Captions for approved Ordinances 2002-30,31,32 and 33 were then read into the record.
O1ESSIO _ _The Mayor and Council were all present for the Work Session.
Staff present for the Work Session include,Mr.Biff Johnson,City Manager,Jack Jones,Superintendent of Public
Works; Shanea Jennings, Public Information Officer, Chris Hoisted, City Engineer and Barbara Salinas, City
Secretary.
Update Council on Storm Water Phase II Regulations.
Mr.Mike Sferra made a presentation to the Staff and Council with regard to the Storm Water Phase II regulations
as mandated by the TNRCC. He stated that the deadline to acquire federally mandated state coverage for a
Municipal Separate Storm Sewer System is March of 2003 with a five-year period for implementation. He stated
that the Program would involve the development and implementation of a plan that would include public
participation, education, implementation and enforcement Mr. Sferra then provided a video presentation on
Storm Water Regulations.
There was some discussion with Council regarding the implementation and importance of a program for the City
of Wylie. The Mayor thanked Mr. Sferra for the informative update on the Storm Water Regulations.
ADJO :
With no further business to come before Council,the meeting was then adjourned at 7:15 p.m.
/-)Lj
Jo i Mondy,Mayor
ATTEST:
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minutes-September 10,2002
Wylie City Council
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