Loading...
04-22-2003 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, April 22, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 • WISD Character Education Recognition of Star Students for demonstrating the character trait of"Integrity". • Proclamation for Shop Wylie First • Proclamation recognizing National Landscape Architecture Week • Proclamation recognizing WISD Foundation IfiI�EI�T�:�ARTICTI'.A�� Al >:: afters d under 4be Consent. enda are considered tt he ►aline the Cm tl:;:and iif.b oyttoo ::.;.. .:::.;. A. Approval of the Minutes from the Regular Meeting of April 8,2003. B. Consider and act upon approval of a Final Plat for the Bear Foot Lodge School Addition,being all of a certain 2.873 acre tract of land, generally located south of Park Boulevard and east of Country Club Road (FM 1378), and being situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. 1. Consider and act upon appointment of a board member to the North Texas Municipal Water District Board. Executive Summary The Board of Directors of North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member cities for assuring that NTMWD operations occur in accordance with law,in alignment with NTMWD policy,and in the best interests of the cities receiving services.NTMWD's existing Board(18 member cities) is comprised of individuals who have worked to represent their communities in other capacities and who have a solid understanding of municipal concerns to share with other Directors.The City of Wylie has two board members on the NTMWD Board; Mr.Harry Tibbals,whose term expires May 31,2003 and Mr.Marvin Fuller whose term expires May 31,2004. Mr.Tibbals stated that he would be willing to serve another term. The City Council will need to make this appointment before the term expires May 31,2003. • Discussion of median openings and intersection alignment along State Highway 78 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,those exceptions will be specifically 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_day of ,2003 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 • City Secretary 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. MINUTES Wylie City Council Tuesday, April 8, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North ............... .. Mayor Mondy called the meeting to order at 6:05 with the following Council members present; Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young, Mayor Pro Tem J.C.Worley,and Councilman Chris Trout. The following staff members were present; City Manager Biff Johnson, Assistant City Manager Mindy Manson, Finance Director Brady Snellgrove, City Engineer Chris Holsted, City Planner Claude Thompson, and Interim City Secretary Aimee Nemer. VO A'TI PLEDGE F ALLE I E.... Councilman Scott gave the invocation and Councilman Worley led the Pledge of Allegiance. • National Library Week Proclamation Mayor Mondy and Councilman Worley presented Library Director Mignon Morse with a proclamation recognizing National Library Week. Library Board members and library sponsors, American National Bank representatives, were present to accept. :::.::...........................:.:::::::::.............::.:::::::::.:.................................... There was no citizen participation. .._,matters bsted:under the Consent Agenda are considered to be routine b7 the;� aunci ant#will be i': :i...... .. .:... :::::h ;....w ..:.....::. .. .:.....:.... :i.i::::ii:j�ii... ;;iiii::v.:L: j:li',.:.i�:[:i. enacted.::b. one::mo0Ogr en will::not::be:;se.arafe: is _..s.:::. ,g f lj*se of is>>TI di:: ;s . >::>::::;:::: :..::.;:.:�..:.:::.;....:..:;:.;....::.::::::::::::::::.::::::::.::::::::::::::::::.p.......:::::: �:t►�.::.:::::::::::::�:..:..........dss�axt:�s:deste ed . neanl be d firm oe c.ou*nt Agency wd*:otb i gepi tOV : A. Approval of the Minutes from the Regular Meeting of March 25, 2003. Council Action Councilman Trout made a motion to approve the Consent Agenda. Councilman Hogue seconded the motion. A vote was taken and passed, 7-0. ) DITAL.��I�SIDEiT>I#l►N....... . .:;;::>:.:::.:'. ';;::>::>::;:.. ;;:::::::;;::>::>::;::;:.;:;: :.;::>::>::>::;::; ::.::.:;::>:;...;:.;:.;.::':::>::;::.::.<:::.>: ..»'.::. 1. Consider and act upon a resolution establishing an energy conservation program as prescribed by State Senate Bill 5. Staff Comments Purchasing Agent, Jim Holcomb addressed this item. Mr. Holcomb explained to Council that State Senate Bill 5 (SB 5), as passed by the 77th Legislature, amended the Texas Health and Safety Code by creating Section 388.005 titled "Energy Efficiency Programs in Certain Counties". He stated that Section 388.005 requires political subdivisions in ozone non-attainment areas to implement certain energy conservation Minutes—April 8,2003 Wylie City Council Page 1 measures. Mr. Holcomb explained that the first step of compliance is the establishment, by resolution of the governing body, of an energy conservation program. Council Action Councilman Worley made a motion to approve the Resolution. Councilman Young seconded the motion. A vote was taken and passed, 7-0. 2. Consider and act upon the award of a contract for the construction of the Kirby St./Stone Rd. Connector to JRJ Paving in the amount of$618,362.97. Staff Comments City Engineer, Mr. Chris Hoisted addressed Council on this item. He explained that the realignment of Kirby Street was identified as P3 in the 1999 Bond Program and included reconstruction of the roadway to a 4-lane divided section from the intersection of Birmingham Ave east to the intersection of Ballard Ave. and Stone Rd. He stated that the purchase of one right-of-way parcel has not been finalized; however, the City has acquired a right-of-entry, which will allow the project to be constructed. Mr. Hoisted told Council that a total of four (4) bids were opened for the project with JRJ Paving submitting the low bid in the amount of$618,362.97. Council Discussion Councilwoman Allen asked for clarification on the adjusted lower bid. She inquired if the company was in agreement. Mr. Hoisted stated that they were in agreement with the adjusted lower bid. The Mayor inquired if the construction would be completed prior to the next school year.He also inquired about the trees on the current property. Mr.Holsted stated the construction would be complete prior to the next school year and he explained that some trees and foliage has been tagged for removal. Council Action Councilman Worley made a motion to approve the award of contract. Councilman Hogue seconded the motion. A vote was taken and passed, 7-0. 3. Hold a Public Hearing to consider and act upon a change in zoning from Commercial Corridor (CC)District to Special Use Permit (SUP) for Commercial Amusement, located at 702 Highway 78, being Lot 2A of Block 2 of the Oaks Retail Addition, situated on the east side of S.H. 78 and south of Brown Street, City of Wylie, Collin County, Texas. (Zoning Case 2003-02) Staff Comments City Planner, Mr. Claude Thompson, addressed Council on this item. He stated that the applicant is requesting a Special Use Permit(SUP) in order to install and operate an Indoor and Outdoor Commercial Amusement (skating center) in a vacant parcel of an existing retail center. Mr. Thompson explained that the parcel consists of a building of approximately 6,000 square feet and associated parking as well as paved and unpaved open space. He stated the applicant plans to utilize the building for skating,video and other game machines and concessions for food, skates and other products, and to use the outdoor paved area for temporary/movable skateboarding and the grassed area for volleyball. Mr. Thompson stated that thirty-two public comment forms were mailed to property owners with three responding in opposition. Mr. Thompson stated that the Planning and Zoning Commission voted 5-0 to approve the SUP at the March 18, 2003 P &Z Meeting. Minutes—April 8,2003 Wylie City Council Page 2 Applicant Comments The applicant, John Mitchell, 2993 E. FM 552, Rockwall, Texas, addressed Council. Mr. Mitchell explained to Council that he wanted to operate a safe place for kids in Wylie and surrounding areas to spend time and have fun. Mr. Mitchell described to Council some of the equipment that he would be using at the facility, specifically, a professional quality roller-hockey rink for outdoor use. Council Discussion Councilwoman Allen corrected the description of the surrounding property stating that the adjacent cemetery was within the Wylie city limits and not unincorporated Collin County. Councilman Scott inquired if the applicant was the owner of the property or leasing the property. Mr. Mitchell stated that he was leasing the property from the owner, Mr. Terry. Mr. Scott stated several concerns with the proposed development including; the size of the indoor skating rink, children cutting through the property, pavement conditions in the parking lot, type of video games, and screening of the property. Councilman Scott stated that he would prefer fencing of the property in place of live screening. The applicant stated that the video games would not be age restricted. Councilman Scott inquired if Mr. Terry was the owner of the entire retail property and if the entire parking lot would be repaved. The applicant stated that Mr. Terry was not the only owner. He told Council that there were 4-5 owners of the entire retail center. Mr. Mitchell stated that Mr. Terry has agreed to pave certain areas of the retail center that extend beyond his property. Councilman Hogue inquired how the traffic would be controlled on the Marble Street access. The applicant stated that the Marble Street access would be barricaded. Mr. Mitchell stated that the barricade should be the City's responsibility. Mr. Thompson clarified that the barricade would be a semi- permanent structure that would be removed if the property was zoned retail in the future. Councilman Hogue inquired if the applicant anticipated providing bleachers in the future for spectators to the outdoor hockey rink. The applicant stated that bleachers would be a possibility. Councilman Hogue also inquired about chain-link fencing surrounding the volleyball court and if the court would be sand. The applicant stated that chain-link fencing would be provided. He stated that the court would not be sand due to a possible basketball court in the future. Councilman Worley inquired about the parking being sufficient for the proposed use. He also asked if barricading Marble would be a fire hazard. Staff stated that the proposed parking was sufficient and that closing Marble would not create a fire hazard. Mayor Mondy expressed concerns with proper lighting on the property and fencing on the residential alley side. The applicant stated that the lighting provided would be directed lighting. Mr. Mitchell also stated that he intended to be a good neighbor by limiting hours of operation and providing a safe facility. Councilman Scott stated that the City should be responsible for the barricading of Marble Street. Councilman Trout concurred. Councilman Trout expressed concern with fencing the property and shielding the residential area. Councilman Young expressed concern with being able to properly light the property for security without disturbing the adjacent residential area. Councilman Scott asked Staff for clarification on the SUP restrictions and whether the stipulations were only for this proposal or if they would apply to a future owner. Mr. Thompson stated that the SUP stipulations could be established by Council and adjusted for future owners. Minutes—April 8,2003 Wylie City Council Page 3 The Mayor asked for a recess at 7:05 and was excused during the Public Hearing to attend another engagement. Mayor Pro Tern opened the Public Hearing at 7:10. Public Hearing Name not available—male teen spoke in favor of proposed skate center. David Hinton—spoke in favor of proposed skate center. Name not available — female youth leader for New Hope Christian Church spoke in favor of proposed skate center. Richard Leach—spoke in favor of skate center. Lorn Carroll—spoke in favor of skate center. Carolyn Saunders—spoke in favor of skate center. Barbara Coons—spoke in favor of skate center. Jessica Ray—spoke in favor of skate center. Kara Stephens—spoke in favor of skate center. Mayor Pro Tem Worley closed the Public Hearing with no further participants. Mayor Pro Tem Worley called a recess at 7:50. Mayor Mondy rejoined the meeting and resumed the meeting at 7:55. Council Action Councilman Scott made a motion to approve the SUP with the following stipulations; 1) 6 ft. wood fencing on South side of property continuing east and along side the East property line; 2) live screening (beginning at 3 ft. high and maturing to a minimum of 6 ft) starting at the current live screening on the South side of the property and continuing to the required fence line where grassy area begins; 3)applicant may begin outdoor use prior to live screen maturing; and 4)the City will provide barricade from Marble Street access. Councilman Hogue seconded the motion.A vote was taken and passed, 7-0. ,.,,,.,. AXOT O HF g0tMItiI .E 3nt., :_ Attl01 APPg.00.D$ 1 30.gi[ a MOViRgD Ordinance No. 2003-07 was read into the record. CUT SESSIO ...... ...........:.:...:...:.::::::;;:::.;:. In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Act), Section 551.074,Personnel Matters; closed meeting, Contracts for the Assistant City Manager and the City Manager. Council adjourned to Executive Session at 7:45 p.m. with City Manager and Assistant City Manager present. Minutes—April 8,2003 Wylie City Council Page 4 CO INTO PE '. NG.... Take any action as a result of the Executive Session. Council reconvened into Open Session at 9:19 p.m. Council Action Councilman Scott made a motion to approve Assistant City Manager's contract as stated and to increase City Manager's severance at 20%per year. Councilman Worley seconded the motion. A vote was taken and passed, 7-0. Council adjourned at 9:20 p.m. John Mondy,Mayor ATTEST: City Secretary Minutes—April 8,2003 Wylie City Council Page 5 WYLIE CITY COUNCIL AGENDA ITEM NO. April 22, 2003 Issue Consider and act upon approval of a Final Plat for the Bear Foot Lodge School Addition,being all of a certain 2.873 acre tract of land,generally located south of Park Boulevard and east of Country Club Road (FM 1378), and being situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create a single lot totaling 2.873 acres. This lot was identified within the Birmingham Farms Phase 13 Planned Development(PD 2002-39)for daycare uses by right without the requirement for an SUP. The PD also provided that the Development Plan serves as an approved Preliminary Plat. This Final Plat accommodates only the single lot for the Day Care and none of the remaining residential portions of the PD. A Site Plan for this project is also on the current agenda for consideration. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. Staff has reviewed the proposed Final Plat for the Bear Foot Lodge School and found it to substantially conform to the approved Development Plan and complies with the Subdivision Regulations and all other pertinent code requirements of the State and City of Wylie. 2. The Plat provides an additional 70 feet of right-of-way for the future expansion of Park Boulevard, which is the primary point of access. Access easements are also provided from the adjoining commercial property to the west. Board/Commission Recommendation At the April 15, 2003, Planning and Zoning Commission meeting, the Commission voted 4-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat (2-rd P epa by Reviewed by Finance City Ma er pproval WYLIE CITY COUNCIL AGENDA ITEM NO. I. April 22, 2003 Issue Consider and act upon appointment of a board member to the North Texas Municipal Water District Board. Background The Board of Directors of North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member cities for assuring that NTMWD operations occur in accordance with law,in alignment with NTMWD policy,and in the best interests of the cities receiving services. NTMWD's existing Board (18 member cities) is comprised of individuals who have worked to represent their communities in other capacities and who have a solid understanding of municipal concerns to share with other Directors. Historically, Directors have dedicated from 10 to 30 years of service to the Board, thereby gaining experience and contributing the necessary leadership. This provides the maximum benefit in order to assure the city's needs are met in the most effective manner. All NTMWD programs provide service based on cost to serve,with all cities provided equal treatment. Therefore, NTMWD policy established by the Board of Directors affects cost,performance and quality of service. The City of Wylie has two board members on the NTMWD Board;Mr.Harry Tibbals,whose term expires May 31, 2003 and Mr.Marvin Fuller whose term expires May 31,2004. Mr.Tibbals stated that he would be willing to serve another term. The City Council will need to make this appointment before the term expires May 31,2003. Financial Considerations N/A Other Considerations In accordance with the statue creating the District,(Article 8280-141),the qualifications of a Director include the following: "No person shall be appointed a Director unless he resides in the City from which he is appointed. No member of a governing body of a City,and no employee of a City,shall be appointed as a Director." Under other State Law,no other government official that receives compensation could be appointed. Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Correspondence from NTMWD G1/4.11 %.4-t-7\0/11Y1ft).., iLv �..lII Prepared by Reviewed by Finance City Manal Approval -3/ (4_C : ••••••=mio NORTH TEXAS MUNICIPAL WATER DISTRICT tick Regional Service Through Unity March 17, 2003 Mr. Anthony Johnson, City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: NTMWD BOARD MEMBER APPOINTMENT Dear Mr. Johnson: This is your official notification that Mr. Harry Tibbals's term of office as an NTMWD Board Member expires May 31, 2003. The City Council, by a majority vote, should reappoint Mr. Tibbals or appoint another Director to serve a term from June 1, 2003 to May 31, 2005. In accordance with the statute creating the District (Article 8280-141), the qualifications of a Director include the following: "No person shall be appointed a Director unless he resides in the city from which he is appointed. No member of a governing body of a city and no employee of a city shall be appointed as a Director." Under other state law, no other government official that receives compensation could be appointed. The cities served by the NTMWD appreciate the work and effort expended by the appointed Directors. It is my practice to visit with new Directors in an orientation session prior to their first meeting; therefore, please notify my office in writing when the City Council has appointed a Director for the new term. Should you have any questions or need additional information, please do not hesitate to contact my office. Sincerely, 60001\9-- KP. JA ES M. PARKS ecutive Director JMP/mcf cc: Mr. Harry Tibbals 505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405