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09-24-2002 (City Council) Minutes MINUTES Wylie City Council Tuesday, September 24, 2002 — 6:0 0 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,Councilman J.C.Worley and Councilman Chris Trout. 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. Al Draper, First Baptist Church of Wylie was present to provide the invocation and Councilman Trout was asked to lead the Pledge of Allegiance. :IiR�EI�`I�:A'�1�.€t��::$�IE :€�. �:T.E�................................................................................:........:.:.:::::::::.::::::::::.::::.::.:::................ Mayor Mondy and Mayor Pro Tern Worley presented the Proclamation declaring October as Domestic Violence Awareness Month. Representatives from the shelter in Sachse were present to accept. None. A. Approval of the minutes from the September 10,2002 Regular City Council Meeting. B. Consider and act upon a Preliminary Plat for the for The Stiles Crossing Addition,being all of a certain 34.0839 acre tract of land, generally located west of North Ballard Avenue (FM 2514) and north of Brown Street (FM 4312), as described in a deed to Peerless Manufacturing Company as recorded in Volume 744, Page 515 of the Deed Records of Collin County, Texas, and being situated in the S.B. Shelby Survey,Abstract No.820,City of Wylie,Collin County,Texas. C. Consider and act upon a Final Plat for the Barber Addition, being all of a certain 8.00 acre tract of land, generally located south of F.M. 544 and east of Regency Drive, as described in a deed to Austin Wylie Realty, LTD, as recorded in Volume 4921, Page 1206 of the Deed Records of Collin County, Texas,and being situated in the William Sachse Survey,Abstract No.835,City of Wylie,Collin County, Texas. D. Consider and act upon approval of a Resolution authorizing the City Manager to execute a Master Advanced Funding Agreement(MAFA)with the Texas Department of Transportation(TxDOT) E. Consider and act upon an Interlocal Boundary Agreement with the Town of St. Paul, amending an Agreement approved on April 8, 1975. Councilman Trout asked for some clarification on the Interlocal Boundary Agreement (Item E) with regard to property lines. City Engineer Chris Hoisted stated that the map reflected boundaries only,not property lines. With no further discussion Councilman Hogue made a motion to approve Items A,B, C,D,and E of the Consent Agenda. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 7-0. Minutes—September 24,2002 Wylie City Council Page 1 The Mayor then asked that Council consider Items 4,5,and 6 on the Agenda. . ........................................... 4. Consider and act upon approval of an Ordinance authorizing the issuance of$1,150,000 Waterworks and Sewer System Revenue Bonds,Series 2002,dated September 24,2002,and all other matters related thereto. Mr. David Medenich of First Southwest was present to address items 4, 5 and 6. Mr. Medenich stated that bids were received at 11:00 am. this day and provided Council an overview of the submissions and the recommendation of First Southwest. Mr.Medenich stated that historically,these were the best rates received since he has been working with the City of Wylie. Recommendations were for Prudential Securities with$4.399469% for the $1,150,000 Waterworks and Sewer System Revenue Bonds; with regard to Item No. 5, recommendation was for Morgan Stanley Dean Witter with 2.654600%for the$250,000 Tax Notes and with regard to Item No. 6, recommendation was for First Southwest Company with 4.193850%for the$2,500,000 General Obligation Bonds. Mr.Medenich was then available for questions. Councilman Young made a motion to approve the Ordinance authorizing the issuance of$1,150,000 Waterworks and Sewer System Revenue Bonds, Series 2002, dated September 24, 2002 to Prudential Securities with $4.399469%, as recommended by First Southwest. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,7-0. 5. Consider and act upon approval of an Ordinance authorizing the issuance of$250,000 in Tax Notes, Series 2002,dated September 15,2002 and all other matters related thereto. This item was addressed previously by Mr. David Medenich of First Southwest. Councilman Hogue made a motion to approve the Ordinance authorizing the issuance of$250,000 in Tax Notes, Series 2002,dated September 15, 2002 to Morgan Stanley Dean Witter with 2.654600%, as recommended by First Southwest. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. 6. Consider and act upon approval of an Ordinance authorizing the issuance of $2,500,000 General Obligation Bonds,Series 2002,dated September 15,2002 and all other matters related thereto. This item was addressed previously by Mr. David Medenich of First Southwest. Councilman Hogue made a motion to approve the Ordinance authorizing the issuance of$2,500,000 General Obligation Bonds, Series 2002, dated September 15, 2002 to First Southwest Company with 4.193850%as recommended. Councilman Worley seconded the motion. A vote was taken and the motion was approved,7-0. 1. Consider and act upon a proposed amendment to the current Animal Ordinance in order to clearly define the term 'Wild Animal'. Police Chief Butters addressed this item providing Council with a brief explanation of the intent of the proposed ordinance. Councilman Trout made a motion to approve the amendment to the current Animal Ordinance in order to clearly define the term"Wild Animal". Councilman Hogue seconded the motion. A vote was taken and the motion was approved,7-0. 2. Consider and act upon approval of a Resolution authorizing the City Manager to enter into the "Greater Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement. Chief Butters addressed this item providing a brief explanation of the intent of the proposed resolution. Chief Butters stated the Wylie Police Department has been cooperating in Mutual Aid and that this Agreement was to Minutes—September 24,2002 Wylie City Council Page 2 establish the commitment in writing. There was some discussion regarding insurance and the coverage available to responding officers and responsibility of participating cities. Councilman Scott made a motion to approve the Resolution authorizing the City Manager to enter into the Greater Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement. Councilman Worley seconded the motion. A vote was taken and the motion was approved,7-0. 3. Consider and act upon approval of an Ordinance disannexing a 2.0-acre tract of land within the Francisco de la Pina Survey, being generally located east of Paul Wilson Road and south of Skyview Drive. Mr. Claude Thompson, Planning Director addressed this item providing a background on the request for disannexation. Mr.Thompson stated that the subject tract was originally annexed into the City of Wylie as part of a 46.5 acre parcel in September of 1984,at the voluntary request of the property owner at that time. The City of Wylie is obligated to provide normal municipal services, including public sewer as well as police and fire response,to all newly annexed areas such as the subject property within a reasonable time. The specifics of when and how such public services are to be provided to annexed areas are to be incorporated into an Annexation Service Plan, which serves as a legal contract. However,no such Plan was apparently completed and adopted for the 1984 annexation of the subject property. Water is provided to the tract by the Wylie Northeast Water Supply Corporation District rather than the City. In April of 1994, the City disannexed approximately 14 acres of that 46.5 acre tract at the request of several new property owners, who cited the City's failure to provide municipal sewer services in a timely manner. That land disannexed in 1994 abuts to the north and south the property now owned by the Blockers and the subject of the current disannexation. Properties to the west across Paul Wilson Road are also within unincorporated Collin County. The subject property is surrounded on three sides by unincorporated Collin County, and these neighboring properties are occupied by sparse rural residential or agri-business uses. Section 43.141 of the Texas Local Government Code states that"a majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services to the area... If the governing body fails or refuses to disannex the area within 60 days after the date of the petition, any one of the signers of the petition may bring a cause of action in a district court of the county in which the area is located to request that the area be disannexed. The District court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to perform its obligations in accordance with the annexation service plan... If the area is disannexed,it may not be annexed again within 10 years after the date of disannexation." The petition complies with all requirements of Section 43.141 of the Texas Local Government Code for legally petitioning for disannexation. The applicants represent 100 percent of the property owners and qualified voters within the affected area,and have published the petition within the Wylie News as well as on the subject property. The applicant contends that he receives no City benefits for the City taxes levied to the property, and can better develop the vacant property to Collin County standards. The subject property is surrounded on three sides by unincorporated Collin County. Paul Wilson Road is a rural asphalt roadway. U.S. Corps of Engineers property to the north and North Texas Municipal Water District treatment and storage plant to the southeast limit potential expansion and further development of the existing rural settlement. Most of these neighboring properties are now sparsely developed in rural residential uses, utilizing onsite septic systems with no public sewer services. The closest City sewer services are located at least 1,500 feet to the southwest. An Annexation Service Plan, now required by State Law, was apparently not formulated when the annexation occurred. the City has no current plans to provide sewer services and urban streets to this area. To provide such services to the subject tract will be an expense to the City and existing neighboring home owners and will disrupt the area's rural character. In 1994, the City disannexed 14 acres of land which is contiguous to the subject tract and which had been part of the tract when annexed at the same tine. The stated reason for that earlier disannexation of abutting properties was similar to the stated reasons for the current request,that the City could not provide sewer and other public services Minutes—September 24,2002 Wylie City Council Page 3 as anticipated by the annexation. However, in the absence of an adopted service plan stipulating a date that such services were to be provided,the earlier voluntary annexation cannot be construed as a representation by the City that or when sewer services would be available. Furthermore, the subject property is currently provided "like services"and no less services than are provided to other undeveloped properties which were brought into the City as part of the 1984 annexation,some of which remain within the City and others which have been disannexed. Both the seller and current owner of the subject property should have known that the property was located within the City of Wylie and subject to Wylie's land use and development regulations as well as the absence of sewer services. Section 16.051 of the Texas Civil Practice and Remedies Code states that"every action for which there is no express limitations period... must be brought not later than four years after the day the cause of action accrues." As there is no expressed limitation for claims against annexation actions, the statute of limitations for allowing redress of the 1984 annexation, including the subject tract, expired in 1988 regardless of changes in ownership. The Comprehensive Plan recommends that the subject property be developed as Country Residential uses, permitting single-family dwellings on lots of one acre and larger. This recommendation is consistent with the character of existing development surrounding the subject tract. The County cannot control uses of land,and only the City Zoning Ordinance can regulate uses and development regulations to assure that whatever is constructed on the vacant subject tract is compatible with the existing development. If disannexed, the subject tract cannot be again annexed for 10 years, or at least until late 2012. The properties disannexed in 1994 will be eligible for annexation again in 2004, should the existing residences desire City sewer services. This varied time constraint and the central location of the subject tract,surrounded by existing residential development, hinders the potential for coordinated annexation as well as provision of sewer services of this entire neighborhood as a single unit even if they should desire such. In October of 2001, a request was made for disannexation of an 80 acre tract along Sachse Road for similar reasons as the request currently under consideration. The Council denied that request and the applicant sued. The courts have thus far upheld the Council's denial,based on arguments that the statute of limitation for redress of the annexation had expired and that the property owner should have know that public sewer services could not likely be provided in a timely manner. The Council's 1994 approval of disannexation of 14 acres adjacent to the subject tract could establish precedent favoring disannexation of similar properties to which City services cannot be provided within a reasonable time. However the Council's 2002 refusal to disannex the 80 acre tract under similar circumstances could establish the precedent opposing disannexation, especially when no specific provision of municipal services has been contracted by a service plan. State Law now requires that the City adopt an Annexation Service Plan for each annexation, which clearly and legally established a time period in which municipal services must be provided, eliminating the possibility of future annexations without public services. Furthermore, the current level of City services is common to that provided other incorporated properties within the immediate vicinity of the subject tract. The vicinity surrounding the subject tract is already developed in properties of similar 2-acre size and rural character more comparable to unincorporated Collin County than urbanizing City of Wylie and the level of services currently provided by the County are apparently sufficient for existing property owners and uses. None of the neighboring owners have expressed desire to be annexed and the City cannot annex the properties involuntarily. It is possible that the area abutting the subject tract could remain unincorporated with rural utilities for some time. Mr.Thompson stated that staff is looking for direction from Council. He also stated that the applicant was present should Council have any questions or concerns regarding the disannexation request. Mr. Michael Trent Blocker, 1719 Mapleleaf Falls Drive, Allen Texas came forward to address Council on his request for disannexation. He stated that if disannexed, he would like operate a small business similar to neighboring property owners currently operate. He stated that he is considering a metal building to operate a boat Minutes—September 24,2002 Wylie City Council Page 4 repair business. He stated that because the County is less restrictive, he could construct a facility more affordability than under current City restrictions. There was some discussion with regard to Police and Fire protection and response by both. It was determined that if disannexed,we would still respond,as we would to all to areas within our jurisdiction. Councilman Scott stated that if this property is disannexed and a structure is built under County codes and our Police and Fire would still respond,he would prefer that the structure was built to City codes. He continued that if the property is disannexed and he builds to County codes,he is still protected at a lesser cost. A motion was made by Councilman Scott to deny the request to disannex the 2.0-acre tract of land within the Francisco de la Pina Survey, being generally located east of Paul Wilson Road and south of Skyview Drive. Councilman Hogue seconded the motion. A vote was taken and the motion to deny was approved, 7-0. The Mayor called for a brief recess at 6:46 p.m. The Meeting was reconvened at 7:02 p.m. 7. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF- 8.5/17) to Planned Development (PD) for Single-Family Residential, generally located east of Ballard Avenue and east of the existing Southplace Estates Phase IV Addition, being a portion of a 48.516 acre tract, as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County, Texas, and being all of a certain 12.754 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23,City of Wylie,Collin County,Texas. (Zoning Case 2002-08) Mr. Claude Thompson, Planning Director addressed this item providing Council with a background of the zoning request. He clarified the location and explained the comparative chart regarding the requested variances. The Mayor had questions concerning the descending votes cast by the Planning and Zoning Commission. Mr. Thompson stated that the request for the Planned Development was a means to achieve variances and that the Zoning Ordinance is was intended to forego the need for a Planned Development District because we have flexibility. Mr. Thompson stated that staff is recommending approval. He stated that staff likes the continuity of what is already developed and that the applicant did work hard to attain points. Mr.Thompson also stated that Item No. 8 is also related to this request and that if approved,this would finish out the development. At 7:11 p.m.the Mayor called for a short recess after which the meeting was reconvened at 7:16 p.m. Mr. Thompson stated that the options were to approve as presented, to deny or to approve with stipulations. The Mayor stated the need for a road to tie into the park. The applicant, Mr. Robert B<> came forward to address Council. He stated that this project was a small project and he would loose a-considerable amount of lots if he were to add a road that ties into the park. Mr. Thompson stated that an other option would be for Council to table the request until the next regular meeting. The applicant was agreeable to the suggestion to table the request to meet and discuss with staff. The Mayor opened the Public Hearing with the understanding that the item would be tabled until the next regular meeting. He 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 and limit their comments to three minutes. There was no response. Councilman Young made a motion to table Item No. 7 to the next regular meeting of October 9,2002. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,7-0. Minutes—September 24,2002 Wylie City Council Page 5 8. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential (SF- 8.5/17) and Neighborhood Services (NS) to Planned Development (PD) for Single-Family Residential, generally located east of Ballard Avenue and south of the existing Southplace Estates Phase I Addition, being a portion of a 48.516 acre tract, as described in County Clerk's File No. 95-0018290 of the Deed Records of Collin County,Texas,and being all of a certain 10.129 acre tract of land situated in the Allen Atterberry Survey,Abstract No.23,City of Wylie,Collin County,Texas. (Zoning Case 2002-09) Mr. Claude Thompson addressed this item providing Council a brief background on the request as it relates to the previous item. He provided a location description and provided a review of the variance requests. He stated that the applicant is agreeable to a motion to table this item until the next regular meeting of October 9,2002. The Mayor opened the Public Hearing with the understanding that the item would be tabled until the next regular meeting. He 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 and limit their comments to three minutes. There was no response. Councilman Worley made a motion to table Item No. 8 until the next regular meeting of October 9, 2002. Councilman Young seconded the motion. A vote was taken and the motion was approved,7-0. 9. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential (SF- 8.5/17) to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378) and north of Park Blvd, being a portion of that tract of land described in the deed to Birmingham Land,Ltd.,as recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas, and being a 5.911 acre tract of land and an 8.044 acre tract of land situated in the J. McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County, Texas. (Zoning Case 2002- 10) Mr. Claude Thompson addressed this item providing Council a brief background on the request. Mr. Thompson stated that the next two cases are related and that this is smaller continuation of larger existing subdivision which was developed in compliance with differing requirements of the previous code, and the configuration of the tract does not efficiently support the current street regulations. The proposed Conditions of the Planned Development District provide a balanced compromise between the existing conditions of abutting development and the new requirements of the Zoning Ordinance in order to assure a quality development. Mr. Thompson concluded that at the September 3, 2002 Planning and Zoning Commission meeting, the Commission voted 3-2 to recommend approval of the zoning change. Mr. Mark Footlick, applicant and Mr. Mark Donaldson of Carter Burgess were in attendance to provide a brief presentation to the Council. Mr. Footlick provided a brief address with regard to the cooperation between the city and school with regard to the required infrastructure. He then introduced Mr. Mark Donaldson who addressed the Council. Mr. Donaldson provided a location description and overview of the area and the proposed construction, including the construction of the bridge and extension of Westgate Way. Mr. Donaldson addressed each of the proposed Phases detailing the intent of the Planned Development. Both Mr. Footlick and Mr. Donaldson were available for questions from the Council. Mr. Thompson stated that as a result of the Council Work Session held regarding this proposed Planned Development, the applicant has met all the requests that were discussed and have met the conditions. Mr. Thompson stated that the votes in opposition by the Conunission were due to their desire for straight zoning as opposed to the Planned Development. He also added that the Commission bases their recommendation on land use. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request, 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. Minutes—September 24,2002 Wylie City Council Page 6 Councilman Hogue made a motion to approve the change in zoning from Single-Family Residential(SF-8.5/17)to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378)and north of Park Blvd,being a portion of that tract of land described in the deed to Birmingham Land,Ltd., as recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas, and being a 5.911 acre tract of land and an 8.044 acre tract of land situated in the J.McUlmurry Survey, Abstract No.629,City of Wylie, Collin County, Texas. Councilman Young seconded the motion. A vote was taken and the motion was approved,7-0. 10. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF- 10/19) to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378) and south of Park Blvd, being a portion of that tract of land described in the deed to Birmingham Land,Ltd., as recorded in County Clerk's File No. 98-007022 of the Deed Records of Collin County, Texas, and being a 94.121 acre tract of land situated in the D.W. Williams Survey, Abstract No.695,City of Wylie,Collin County,Texas. (Zoning Case 2002-11) Mr. Claude Thompson, Planning Director addressed this item providing a brief background on the request stating that at the September 3, 2002 meeting of the Planning and Zoning Commission, the Commission voted 3-2 to recommend denial of this zoning change because the PD was unjustified and id not fit the spirit of the flexible system of the Zoning Ordinance. He stated that six (6) votes would be required from the Council in order to overturn the recommendation of the Commission. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request, 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 Trout made a motion to approve the change in zoning from Single-Family Residential (SF-10/19) to ce . Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378)and south of Park Blvd,being a portion of that tract of land described in the deed to Birmingham Land,Ltd., as recorded in County Clerk's File No. 98-007022 of the Deed Records of Collin County, Texas, and being a 94.121 acre tract of land situated in the D.W. Williams Survey, Abstract No. 695, City of Wylie, Collin County, Texas. Councilman Young seconded the motion. A vote was taken and the motion was approved,7-0. 11. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF- 10/19) to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378) and north of Birmingham Farms Phase 2A and the Meadows of Birmingham Phase 1 Additions, being a portion of a tract of land described in a deed to Birmingham Land Ltd., as recorded in Clerk's File No. 98-007022,Deed Records of Collin County,Texas,and all of a tract of land described in a deed to Wylie LS.D.,as recorded in Volume 2493,Page 580 of the Deed Records of Collin County, Texas, and being a certain 80.767 acre tract of land situated in the D.W. Williams Survey, Abstract No. 1021, the Mercer Phelan Survey, Abstract No. 695, City of Wylie, Collin County, Texas. (Zoning Case 2002-12) Mr. Claude Thompson, Planning Director addressed this item providing Council with a brief background on the request stating that at the September 3, 2002 meeting of the Planning and Zoning Commission, the Commission voted 3-2 to recommend denial of this zoning change because the PD was unjustified and id not fit the spirit of the flexible system of the Zoning Ordinance. He stated that six(6)votes would be required from the Council in order to overturn the recommendation of the Commission. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request, 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. Minutes—September 24,2002 Wylie City Council Page 7 Councilman Hogue made a motion to approve the change in zoning from Single-Family Residential(SF-10/19)to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378) and north of Birmingham Farms Phase 2A and the Meadows of Birmingham Phase 1 Additions, being a portion of a tract of land described in a deed to Birmingham Land Ltd.,as recorded in Clerk's File No. 98-007022, Deed Records of Collin County,Texas,and all of a tract of land described in a deed to Wylie I.S.D.,as recorded in Volume 2493,Page 580 of the Deed Records of Collin County,Texas,and being a certain 80.767 acre tract of land situated in the D.W. Williams Survey, Abstract No. 1021, the Mercer Phelan Survey, Abstract No. 695, City of Wylie, Collin County, Texas. Councilman Scott seconded the motion. A vote was taken and the motion was approved,7-0. REQVIRaiiitr WYtteiigarCHARTER,ARTICLE ,. C 'IO »b:::.:.....:::::: The Captions for approved Ordinance Numbers 2002-34 through 2002-40 were read into the record. With no further business the meeting was then adjourned. OF SEAL . • . • ,. JJQ Mondy,Mayor. fz ''',„� e CI` ATTEST: I r City Secret Minutes—September 24,2002 Wylie City Council Page 8