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09-09-2003 (City Council) Minutes MINUTES Wylie City Council Tuesday, September 9, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers CALL TOO E t The meeting was called to order by Mayor John Mondy at 6:03 p.m. with the following council members present: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman J. C. Worley, Councilman Merrill Young, and Councilman Randal Shinn. The following staff members present were; City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Hoisted; Planning and Zoning Director, Claude Thompson, Public Information Officer;Mark Witter,and City Secretary, Carole Ehrlich. INV CATION, i LEDGE O AL ,,EGIA:NCF The invocation was given by Reverend Al Draper of First Baptist Church and Councilman Worley led the Pledge of Allegiance. PRESSENTATI( OCLt MA TIONS. • Declaring September 17th through September 23`d as "Constitution Week" Mayor Mondy presented a proclamation to Laverne Ketcherside representing Daughters of the American Revolution, declaring the week of September 17—23 as "Constitution Week". CITIZENS pARtIlCIPATIO There was no one present to address council. CONSENT AGE DA Ail nia$fgo4I0Ot tinderontioetifo.C4hOot Agenda are considered to-be routine City Councle and will be.enacted' by one motion There will not be separate discussion of these items If d1�..gss on is desi red,that item:will be. removed from the Consen Agenda and will be cons dered;separately A. Approval of the Minutes from the Regular Meeting of August 26, 2003. B. Consider and act upon a request from the Wylie Chapter of Cowboys for Christ to sell items such as hats and bibles at Olde City Park in the Gazebo during their community concert, September 20, 2003. 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. The date for the Country Fair is Saturday, September 13, 2003. D. Consider and act upon an Ordinance#2003-20 denying TXU Gas Company's request to change rates. Minutes—09-09-03 Wylie City Council Page 1 E. Consider and act upon a Final Plat for the Meadowview Estates Addition, being all of a certain 34.088 acre tract of land, generally located west of North Ballard Avenue (F.M. 2514) and north of Brown Street (F.M. 4312), as described in a deed to Saddlebrook Investments, Ltd. as recorded in Volume 5404, Page 1042 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. F. Consider a recommendation to the City Council regarding a Final Plat for the Wyndham Meadows Addition, being all of a certain 12.45 acre tract of land, generally located north of East Brown Street and east of Eubanks Street, and being a portion of the 7.6883 acre tract of land described in a deed to Cinnamon Teal, LLC, recorded in Volume 5247,Page 5433 of the Deed Records of Collin County, Texas (DRCCT), and being a portion of the 5.0060 acre tract of land described in a deed to Cinnamon Teal LLC, recorded in Volume 5244,Page 6100 of the DRCCT, and being situated in the Francisco De La Pina Survey,Abstract No. 688,City of Wylie, Collin County,Texas. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve the consent agenda with one change to the minutes. A vote was taken and passed 7-0. RECESS:UPCS*OPECP:t1N0M. The Mayor called for a recess to allow the Parks and Recreation Facilities Development Corporation Board to convene at 6:12 p.m. : :.;.. ;:: EAT: ; : ::> L .:. : I'IO €> >> ><< ><< ` <> »> ><><>>; PARKS:::�c:>RECREA:TION>F���LIT��:.DE'�EI,z�P) ��'`;CO�POFA.:::::: :::::: :..::::::..:....._......................... Parks and Recreation Facilities Development Corporation Board Members present: Mayor John Mondy, Councilman J.C. Worley, Councilman Chris Trout, Councilman Eric Hogue, and Parks and Recreation Representative, Anne Hiney. Library Representative, Shirley Burnett and Parks and Recreation Representative, Dan Chesnut were absent. la. Consider and Act Upon Approval of the FY04 4B Budget, authorizing expenditures for the FY04 Community Services Facilities Capital Improvement Plan. Councilman Trout made a motion to approve the FY04 4B Budget, authorizing expenditures for the FY04 Community Service Facilities Capital Improvement Plan. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 5-0. Library Board Representative, Burnett and Park Board Representation, Chesnut were absent. PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION With no further business before the Parks &Recreation Facilities Development Corporation,the meeting was adjourned at 6:13 p.m. RECONVENEVITYVOXINCIL Mayor Mondy reconvened the City Council Meeting at 6:13 p.m. Minutes—09-09-03 Wylie City Council Page 2 11<lwM F� I?I J H 1. Consider and Act Upon Approval of the FY04 4B Budget and the Community Services Facilities Capital Improvement Plan. Council Action A motion was made by Councilman Young, seconded by Councilman Shinn to approve the FY04 4B Budget and the Community Services Facilities Capital Improvement Plan. A vote was taken and passed 7-0. Public Hearing 2. Hold a public hearing and consider and act upon Ordinance #2003-21 of the City of Wylie, Texas, adopting a budget and appropriating resources for Fiscal Year 2004, beginning October 1, 2003, and ending September 30, 2004. Staff Comments Mr. Brady Snellgrove, Finance Director, addressed this item providing Council a brief background on the proposed budget. Public Hearing The Mayor opened the Public Hearing at 6:22 p.m. and asked that anyone 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 three minutes. With no response, the Mayor then closed the Public Hearing at 6:23 p.m. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve Ordinance#2003-21 adopting a budget and appropriating resources for Fiscal Year 2004, beginning October 1, 2003 and ending September 30, 2004. A vote was taken and passed 7-0. 3. Consider and Act Upon Ordinance#2003-22 fixing the tax rate/levy for 2003 and for the fiscal year 2003-2004 Budget. The tax rate proposed is seventy and one-half cents ($0.705) per $100 of assessed value. Staff Comments Mr. Brady Snellgrove, Finance Director, addressed this item providing Council a brief background on the proposed tax rate stating that the proposed tax rate of$0.705 represents a one-cent decrease from the FY2003 rate. One cent of the proposed tax rate will generate approximately $113,000. The tax rate for maintenance and operations is $0.534042 per$100 of assessed valuation and the debt service rate is $0.170958. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Ordinance #2003-22 fixing the tax rate/levy for 2003 and for the Fiscal Year 2003-2004 Budget. The tax rate proposed is seventy and one-half cents ($0.705)per$100 of assessed value. A vote was taken and passed 7-0. Minutes—09-09-03 Wylie City Council Page 3 Public Hearing 4. 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) to allow joint residential and retail uses, located at 405 N. Ballard Street, being Lot 1A, Block 2 of the Russell Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-10). Staff Comments The applicant is requesting rezoning to a Planned Development (PD) District in order to allow initially the operation of a gift shop on their residential property and the ultimate operation of a Bed & Breakfast Inn within the family home. The subject property is currently zoned Single-Family Residential (SF 8.5/17) District, having been rezoned from Single-Family 2 (SF-2) District in February of 2002 with the adoption of the revisions to the Zoning Ordinance and Map in February of 2002. Both the current SF 8.5/17 and the previous SF-2 Districts allow residential uses on lots of 8,500 square feet or larger. Retail uses are not allowed within either of these residential Districts. Bed and Breakfast lodging was not a specified use within the previous Ordinance but is allowed within some residential and nonresidential districts of the current Ordinance. Letters were sent to property owners within 200 feet of the proposed zoning change and five were returned. Four were in favor of the zoning change but one was against. Because the property owner expressing written opposition to the request represents more than twenty (20) percent of the land within the notification area, State Law requires the affirmative vote of three-fourths (3/4) of the City Council to approve the change in zoning. At the August 19, 2003 Planning and Zoning Commission meeting,the Commission voted 6-0 to recommend approval of the proposed zoning change with the stipulation in the Development Conditions that a fence along the front and side yards shall abide by City Codes. Staff recommends approval. The most objectionable part of the request is the free-standing gift shop, which is not compatible with the residential neighborhood. However, the proposed gift shop is small and all parking will be provided on the large lot, so it is not anticipated to impose a negative impact on the surroundings. Owner Comments Archie and Rebecca Henderson of 405 N. Ballard Avenue, Wylie, TX were present to address the council stating that a drive would be constructed to give access to existing homeowners as well as accommodate customers coming to the gift shop. Mr. Henderson stated that the home had been repainted to as close to the original color as was possible. The home was built in 1888. The same original design will be incorporated into the gift shop. He stated that the understanding he had was that the paving of the drive would be done prior to the certificate of occupancy for the bed and breakfast and that the gift shop could be opened earlier. Public Hearing The Mayor opened the Public Hearing at 6:55 p.m. and asked that anyone wishing to speak either in favor or opposition of the proposed zoning change to please come forward and state their name and address for the record and limit their comments to three minutes. With no response, the Mayor then closed the Public Hearing at 6:55 p.m. Council Discussion Council members stated several concerns pertaining to the zoning change to allow for a gift shop and bed and breakfast. Some of those issues concerned: the alley and drive way having a very narrow access,the types of Minutes—09-09-03 Wylie City Council Page 4 items that would be available for purchase in the gift shop in conjunction to having a church across the street and current zoning laws, the drive for the business not being paved from the drive to the gift shop prior to the opening of the bed and breakfast,the timeline of 3-5 years for the establishment of the bed and breakfast, and the parking available for customers visiting the gift shop and the possibility of these customers parking in the church parking lot. Mr. and Mrs. Henderson requested that the zoning change be tabled until they meet with staff and address some of these concerns. Council Action A motion was made by Councilman Shinn, seconded by Mayor Pro Tern Hogue to table this item until the Regular Council Meeting of October 14, 2003. A vote was taken and passed 7-0. 5. Consider and act upon a Resolution—nominating candidates to the Board of Directors for the Central Appraisal District of Collin County for two-year terms beginning January 1, 2004. Council Action A motion was made by Councilman Young, seconded by Councilman Shinn to table this item until the October 14, 2003 regular Council Meeting. A vote was taken and passed 7-0. 6. Consider and act upon authorizing the City Manager to enter into an agreement with Brinkley Sargent Architects (BSA)for the preparation of a Future Needs Assessment. Staff Comments Assistant City Manager Ms. Mindy Manson addressed council stating that during the May 27, 2003 Council Meeting, Council authorized the issuance of a Request for Proposal (RFP) for the preparation of a Future Needs Assessment. Five firms submitted proposals which were evaluated and narrowed down to two. A team consisting of Mike Sferra, Jeff Butters, Jim Holcomb and Mindy Manson heard presentations from the two consulting firms. Based on these presentations, as well as firm reputation and references, staff recommends entering into an agreement with Brinkley Sargent Architects. Council Discussion Councilman Young asked why the need assessment was needed. Ms. Manson stated that the area that will be addressed first is what the City's needs are and then in what priority these needs should be addressed. At that time the firm will assist in choosing suitable locations for the needed facilities. They will also do preliminary budget forecasts on the cost to construct the facilities. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to authorize the City Manager to enter into an agreement with Brinkley Sargent Architects (BSA) for the preparation of a Future Needs Assessment. A vote was taken and passed 7-0. 7. Consider and act upon authorizing the City Manager to secure a proposal for professional services to develop a municipal storm water drainage fee. Minutes—09-09-03 Wylie City Council Page 5 Staff Comments Mr. Mike Sferra addressed council stating that the Texas Commission on Environmental Quality (TCEQ)has charged the City or Wylie with the principal responsibility for storm water management within its jurisdiction. Staff is currently preparing a mandated five-year Storm Water Management Plan (SWMP) for submittal to TCEQ for acquisition of a state permit. The SWMP must include provisions to effectively manage the quality of storm water runoff generated within the City. Council Discussion Mayor Mondy asked Mr. Sferra if the fee required would be passed on as a utility fee. Mr. Sferra stated that a master plan was required by TCEQ and would manage all storm water runoff for the City. It would be passed on in the form of a fee to residential and commercial accounts. Mr. Biff Johnson stated that this would be a state non-funded mandate required by the state to all cities in Texas. This request for proposal would be thefirst step in acquiring estimates to see how much it would cost to fund this mandate. Mr. Sferra stated that this mandate is part of the Clean Water Act which protects the drinking water to citizens. Areas of inclusion are: public education and public participation to let citizens and business know what they should and should not be doing. It will also require the city to perform cleanup operations and infrastructure improvements along with improving drainage systems and putting in place drainage systems where there are none. This will be incorporated into a Storm Water Management Plan over the next five years. Councilman Trout asked if this goal could be obtained without a fee. Mr. Johnson stated that with the unfunded mandate the state has charged cities with, there would have to be either a Storm Drainage Fee or tax increase based on that unfunded mandate. He stated that once the proposal was prepared, it would show the fee charge needed to fund the mandate. At that time staff would come back to council with that information. Council could look at options that would be available to fund the state requirements. Council Action A motion was made by Councilman Young, seconded by Councilman Worley to authorize the City Manager to secure a proposal for professional services to develop a municipal storm water drainage fee. A vote was taken and passed 7-0. 8. Consider and act upon amending the Founders Park Master Plan to reflect an area on the east side of the park between the TXU and TXU/Explorer Pipeline Easements for the placement of the Community Playground Project,by the Blackland Prairie Playground Foundation. Staff Comments Mr. Robert Diaz addressed council stating that Blackland Prairie Playground Foundation had been discussing various locations for a community built playground with the Parks and Recreation Board and staff for the past few months. At the August 25, 2003 Parks and Recreation Board meeting the Board approved a motion to allow an amendment to the Founders Park Master Plan to allow for a playground area on the east side of Founders Park between the TXU and TXU/Explorer Pipeline Easements. He stated that staff also recommends approval. Minutes—09-09-03 Wylie City Council Page 6 Developer Comments Ms. Anne Hiney, coordinator for the Blackland Prairie Playground Foundation addressed council stating that the design day was scheduled for September 26, 2003. At that meeting there would be a preliminary plan for the play ground that will outline how much needs to be raised and how long it will take to raise those funds. She stated that the hope of the foundation was to raise the funds within one year of the meeting. Council Discussion Mayor Mondy asked how much of the required funds had been raised. Ms. Hiney stated no funds had been raised to date. Mayor Mondy asked Mr. Diaz about the size area it would take to construct the playground. Mr. Diaz stated that 1-2 acres had been tentatively set aside for the playground which would be plenty of space for the project. Mayor Mondy asked what the foundation wanted from council. Ms Hiney stated that she needed the council support both in approval of the concept and getting the message out to civic leaders for assistance in fund raising. Mayor Mondy stated that he would like to see the project fully funded within one year. Mayor Mondy also stated that he would like to see the project come back to council for final approval of the plan when the funds have been raised and prior to beginning construction. Council Action Mayor Pro Tern Hogue made a motion to approve the amendment to the Founder's Park Master Plan to include the use of a general area on the east side of Founder's Park between the TXU and TXU/Explorer Pipeline Easements for the placement of the Blackland Prairie Community Playground Project, with the stipulations that the funds be raised by September 26, 2004 and the plan be brought back to Council for approval. Councilman Young seconded the motion. A vote was taken and passed 7-0. READING-OOF O VIC_E IN TITLE&CAPTION APPRO ED BX COUNCIL ASS REQUIRED B' 1NYLIE CITE CHARTER.ARTICLE III,SECTION 1.3:T�►t':::: .::. Ordinance#2003-20,#2003-21,#2003-22 City Secretary, Carole Ehrlich read ordinance captions to Ordinance#2003-20, #2003-21, and#2003-22 into the official record. Mayor Mondy recessed the meeting into Executive Session at 7:50 p.m. EXECUTIVE SESSION In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated(Open Meeting Act), SS 551.072 Deliberation Regarding Real Property; Closed Meeting • Discussion of property for the Kirby/Stone Project Section 551.071, Government Code. Meeting with city attorney on a matter in which the duty of the city attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act. Minutes—09-09-03 Wylie City Council Page 7 BECO ENE INTO OPEN EET x` .. Take any action as a result of the Executive Session. Mayor Mondy reconvened the meeting into Open Session at 8:44 p.m. There was no action taken on Item A. or Item B. ADJOURN11 ENT With no further business before the council the meeting was adjourned at 8:45 p.m. OF wy'% y 4 ;cT ndy, ay SEAL • =• //e„r l'E ; -y,`\‘‘\ ATTEST: Ca ole Ehrlic ,City ecretary Minutes—09-09-03 Wylie City Council Page 8