NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
Tuesday, May 14, 2002
6:00 p.m.
Wylie Municipal Complex – Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie, Texas 75098

   

CALL TO ORDER

INVOCATION & PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

ISO Rating Presentation by Mr. Jesse Williams of the State Fire Marshal’s Office.

CITIZENS PARTICIPATION

CONSENT AGENDA

All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.
  1. Approval of the Minutes from the Regular Meetings of April 23, 2002 and the Canvass of Election Returns of May 7, 2002.
  2. 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.

ITEMS FOR INDIVIDUAL CONSIDERATION AND ACTION

Planning Items

  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 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)
    2.

    Executive Summary

    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.

  2. Consider and act upon a 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 Records of Collin County, Texas.

    3. Executive Summary

    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.H. 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.

  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.

Executive Summary

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.

Award of Contract

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.

Executive Session

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 bid 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.

  1. 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.

    2. Executive Summary

    In February the Council of Governments hosted an Emergency Preparedness Conference which dealt with threats of bioterrorism. 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 considered 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.

  2. Consider and act upon an Agreement with B&D Land, Cent ex Homes, Ryland Homes and Zena Land Development.

Executive Summary

With the adoption of the new Zoning Ordinance and Zoning Map, the issue of vested rights has been discussed with several developers. If the property was platted prior to the adoption of the ordinance, certain property rights were established so that the property could develop under the codes that were in effect at the time of platting. State Law prohibits cities from enforcing new codes on property owners which affect factors such as density, lot size, setback and lot coverage. In light of the precedent set with several recent court cases, staff has been negotiating with builders and developers as to which portions of the new Code can be applied to those subdivisions with plat approval. Because the recent rulings have gone against cities, the regulations that can be applied to these subdivisions are fairly limited. The Texas Builders Association has acted as an intermediary on behalf of the four developers. Each has agreed to the same set of conditions, so that there will be consistency in the application of the new codes.

ADJOURNMENT.

  

 Action Taken

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.

I certify that this Notice of Meeting was posted on this 11th day of January, 2002 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us
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City Secretary

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Date Notice Removed

The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary’s office at 972/442-8100 or TD 972/442-8170.

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