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11-14-2006 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, November 14, 2006 -6:00 pm Wylie Municipal Complex-Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Councilman Earl Newsom, Councilman Merrill Young, Councilman Rick White and Councilman Eric Hogue, and Councilman Red Byboth. Mayor Pro Tern Carter Porter was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance m. Director, Larry Williamson; Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Library Director, Rachael Orozco; Public Information Officer, Mark Witter, City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Deacon Walter Gove representing the St. Anthony's Catholic Church gave the Invocation and representatives of Boy Scout Troop #302 led the Pledge of Allegiance. PRESENTATION • Presentation of the"Star Tree" for the Reach for a Star Program. (Mayor Mondy) 2006 Reach for a Star committee member; Kevin England addressed Council asking each councilmember to kick off the 2006 Reach for a Star adoption program by choosing a star from the tree. Council members picked stars (children) to purchase gifts for the Christmas Season. Mr. England announced that trees with stars for adoption would be placed at the Municipal Complex and local banks in Wylie and encouraged citizens to go by and adopt a child for this Christmas Season. • Recognition of 2"d Six Weeks Star Students — Character Trait of"Respect". (Mayor Mondy) Mayor Mondy and Councilman Young presented certificates to Star Students demonstrating the character trait of "Respect". The Star Student program is in conjunction with the Wylie Independent School District. Minutes—November 14, 2006 Wylie City Council Page 1 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address Council during Citizens Comments. 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. A. Approval of the Minutes from the October 24, 2006 Regular Council Meeting and the November 2, 2006 Special Called Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2006-27(R), authorizing the Mayor to enter into an Interlocal Agreement with Collin County for the Founders Park Land Acquisition Project. (M. Sferra, Public Services Director) C. Consider, and act upon, a request to allow the partial construction of the required screen wall for Wylie Retail Office Park, generally located on the southwest corner of S.H. 78 and Kreymer Lane. (R. 011ie, Planning Director) D. Consider, and act upon, approval of a Preliminary Plat for Victoria Place Addition. Subject project being generally located at the northeast corner of S.H. 78 and Spring Creek Parkway. (R. 011ie, Planning Director) Council Action A motion was made by Councilman Young, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-65 amending the zoning from Agriculture (A) to Single Family — 1A/30 (SF-1A/30) for proposed single family residential uses, generally located south of Alanis drive and west of Ballard Avenue. Zoning Case 2006-14 (R. 011ie, Planning and Zoning Director). Staff Comments Planning Director 011ie addressed Council stating that the subject property is located south of Alanis Drive and west of Ballard Avenue. The applicant is requesting to rezone 1.746 acres to allow for single family residential uses. The subject property has been within the corporate city limits of Wylie since 1988 and Minutes—November 14,2006 Wylie City Council Page 2 was final platted in April 2006. The plat created two single-family residential lots each being 38,028 square feet (0.873 acres) in size. At the time of platting, no plans for development were submitted. The applicant now desires to construct a residential dwelling on one lot. Because the property was in a holding zone of Agricultural, it must now convert to permanent zoning prior to construction and prior to the issuance of building permits. She explained that the approved plat has a lot width of 106.78 feet and lot depth of 353.62 feet. The SF-1A/30 requires a lot width of 150 feet and lot depth of 200 feet. Although the lot width is less than required, staff feels that the proposed request meets the intent of the ordinance for larger lots. The proposed dwelling size is a single story dwelling unit totaling 3,131 square feet inclusive of attached garage, porch and a detached garage. Total air conditioned space is 2,164 square feet. The minimum dwelling size required by the SF-1A/30 District is 3,000 square feet, exclusive of garages. Ms. 011ie reported that the property to the east is .949 acres in size with a total living space of 3,539 square feet. The property to the west is 2.876 acres in size with a two story dwelling unit totaling 1,500 square feet of living space and several accessory buildings on the property. A single family dwelling unit with a total livable space of 1,588 square feet occupies .717 acres southeast of the subject property and fronts Ballard Avenue. The Comprehensive Plan recommends low density residential for the subject property. The Planning and Zoning Commission approved the request 5-0. Public Hearing Mayor Mondy opened the public hearing at 6:10 p.m. asking anyone present wishing to address Council to come forward and limit their remarks to three minutes. No one was present to address Council Mayor Mondy closed the public hearing at 6:10 p.m. Council Discussion Mayor Mondy asked if the applicant was present to address Council regarding the zoning case. The applicant was not present. Councilman Newsom asked if the item could be tabled to allow for the applicant to present his case. Mayor Mondy asked Ms. 011ie if the applicant had been notified as to the date and time of this public hearing and subsequent action. Ms. 011ie replied that he had. Councilman Byboth had some concern with the proposed square footage of the house. Councilman Hogue concurred that he believed the residence should be around 3,000 sq. ft. Council Action A motion was made by Councilman Byboth, seconded by Councilman Hogue to deny Ordinance No. 2006-66 (Zoning Case 2006-14). A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-66 amending the zoning from Agricultural (A) to Planned Development (PD) District, two tracts generally located north of Alanis and west of S. Ballard Avenue and one tract generally located south of Alanis and west of South Ballard Avenue. Zoning Case 2006-13. (R. 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property consisted of three tracts, two being north of Alanis and west of S. Ballard Avenue and one tract located south of Alanis and west of South Ballard Avenue. The applicant is requesting a change in zoning from Agriculture (AG) District to Planned Development(PD) District to allow for varied density residential development. Tract 1 is 28.333 acres in size and will gain access into the subdivision from S. Ballard. Tract 1 will consist of 17 lots developed as SF-20 type, and 61 lots developed as SF-10. Tract 2 is 20.34 acres in Minutes—November 14, 2006 Wylie City Council Page 3 size and will gain direct access from Alanis Drive to the south and tie into Windcrest Drive within the existing Westwind Meadows Subdivision to the north. Tract 2 will consist of 67 lots developed as SF-8.0 type and a maximum of 53 lots developed as SF-9.0 for both Tracts 2 & 3 combined. Tract 3 is 38.67 total acres. The applicant is presenting two options. Option "A", to be developed as all single family dwelling. Option "B" will consist of 30.87 acres developed as single family and 7.8 acres developed as commercial development. Option "A" would allow for 93 lots developed as SF-8.0 type, with Option "B" allowing 66 SF-8.0 type lots. . The Conditions of the PD proposes to accommodate a variety of single family residential land uses and densities. Lot sizes shall range from a minimum of 7,650 square feet to 20,000 square feet. Dwelling sizes shall range from a minimum dwelling size of 2,000 square feet to a maximum of 2,800 square feet. Total lots not to exceed 290 units without commercial development, and 264 maximum units with commercial development. The PD Conditions outline a minimum dwelling size adjustment where the dwelling size allowed is subject to the interest rate based upon the Fannie Mae Posted Yields on 30 year Mortgage Commitments. If approved, the minimum dwelling size could be 1,850 square feet on twenty- five percent (25%)of the lots if the interest rate is 7.5%or greater. Option "B" would accommodate office, retail and commercial service-related uses for the neighborhood residents. The commercial tract shall not exceed eight (8) acres in size. However, if the tract is not developed as commercial, it may be developed as a residential area in accordance with the SF-9.0 and SF-8.0 as outlined in the PD Conditions Section 2.0. Ms 011ie reported that the Parks and Recreation Board voted 6-0 to deny the Parkland dedication request for the subject property. The Board asked the developer to resubmit a proposal that outlined all expenses for the road and any other improvements that could be done that would total the amount of fees required as part of the dedication. The Planning Commission voted 5-1 to recommend denial with prejudice to the City Council. Section 8.6.E.3 allows the Commission and/or Council to deny any request with prejudice. Councilman Young asked Ms. 011ie what exactly "denying with prejudice" meant. She explained that if a request is denied with prejudice, the same or substantially similar request may not be resubmitted to the City for one year from the original date of denial. She stated that if the Council also denied this zoning case with prejudice, unless the PD was re-applied for with substantial changes, it would not be accepted for consideration; however the Council could also deny without prejudice which would allow the proposal to come back to Council within the twelve month period. Applicant Comments Mr. Don Herzog (applicant) residing at 9696 Skillman Street, Sta. 210, Dallas, Texas addressed Council stating various statistics regarding the Kiplinger Report showing possible retiring homebuyers purchasing one storey homes with less square footage and smaller lots with more amenities and less yard to maintain. He suggested that this proposed PD could accommodate those homebuyers. Mayor Mondy asked Mr. Herzog if he was suggesting deed restriction of 55 years or older for the proposed PD. Mr. Herzog stated that he could not commit the entire PD with that type of deed restriction. Mr. Herzog also mentioned other developments in the adjacency that were comparable to the lot and home size as the PD requested tonight. Public Hearing Mayor Mondv opened the public hearing at 6:46 p.m. asking anyone present wishing to address Council to come forward and limit their remarks to three minutes. No one was present to address Council Mayor Mondy closed the public hearing at 6:46 p.m. Minutes—November 14, 2006 Wylie City Council Page 4 Council Discussion Several Council members had concerns about the lot sizes and proposed home square footage in the PD. Mayor Mondy asked Mr. Herzog if he wished to move forward with action on this item requiring a 6-0 vote for approval. Mr. Herzog requested that the item be denied without prejudice to allow time to review the PD and bring it back to the Planning and Zoning Commission with changes. Mayor Mondy asked for direction from Council, for Mr. Herzog regarding the concerns within the current proposal. Those recommendations were: f10,000 square foot lots and minimum homes size closer to 3,000 sq. ft. Strong consideration should also be given to Option "B" to include retail services based on the larger square footage recommendations and consideration of the park land dedication requirements. Council Action A motion was made by Councilman Byboth, seconded by Councilman Newsom to deny Ordinance No. 2006-66 (Zoning Case #2006-13) without prejudice. A vote was taken and passed 6-0. General Business Tabled Item from October 10, 2006 Council Action A motion was made by Councilman White to remove Item #3 (Resolution No. 2006-26(R) - realignment of Parker Road) from the table and consider. Consensus of Council was to remove from the table and consider. 3. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, approval of Resolution No. 2006-26(R) supporting an alignment for Parker Rd. (FM 2514) at the intersection of FM 1378. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on September 14, 2006, a public meeting was held to discuss alignment alternatives for FM 2514 at the intersection with FM 1378. The Collin County engineering consultant — Birkhoff, Hendricks, and Conway — presented five alignment alternatives as shown on the attached display. The City of Wylie Thoroughfare Plan currently reflects alignment option 2. After the alignment is finalized, right of way documents will be prepared for the project. No construction funds are currently available to construct the realignment. Citizen Comments Mr. Gary DeFrain, property developer in the area noted in Option #4, addressed Council stating that he was continuing the Creekside Estates development into a portion of the area noted in Option #4 and had spent around six figures on various studies required for the development. He stated that he was not in favor of Option #4 as it would run through the proposed development and cause additional expense in reworking the development. He requested Council to look at other options in lieu of Option#4. Council Discussion After some discussion regarding the five alternatives, Mayor Mondy stated that he was in favor of Options #3 and #4 with a fallback option of#2. He requested staff to contact the City of St. Paul to see if there could be a mutual agreement regarding the recommended Option for both cities to adopt. Council also Minutes—November 14, 2006 Wylie City Council Page 5 requested that City Engineer Hoisted gather as much information as possible regarding the costs associated with the various options and other pertinent information to bring back to Council. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to table consideration of Resolution No. 2006-26(R) to the December 12, 2006 Council meeting at which time staff would present Council with an update regarding the options. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. Tabled Item from October 10, 2006 Council Action A motion was made by Councilman Hogue to remove Item #4 (Bank Depository Bid) from the table and consider. Consensus of Council was to remove from the table and consider. 4. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, awarding the City's Bank Depository Contract for FY 2006-2010. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the finance department solicited bids for the City's depository services through an RFP process. The solicitation included basis banking services, merchant banking services, lockbox services, and on-line banking services. The contract is for four years. Four banks responded: American National Bank, Inwood National Bank, Capital One Bank, and JP Morgan/Chase Bank. He reported that at the October 10, 2006 meeting, Council requested that First Southwest review the bid analysis provided by the Finance Department and make a recommendation to Council. He explained that First Southwest was in the process of reviewing the document but would not complete the report and subsequent recommendation until later this month. Mr.Williamson recommended re-tabling the item to the December 12, 2006 Council meeting. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to table consideration of Item #4 (Bank Depository Contract for FY 2006-2010) to the December 12, 2006 Council meeting. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. 5. Consider, and act upon, Ordinance No. 2006-64 amending Ordinance No. 2006-56 (2006-2007 Budget) and approving an appropriation of funds, in the amount of $132,462.72, for the purchase of radio interoperability equipment. (N. Flores, Interim Fire Chief) Staff Comments Fire Marshall Steve Seddig addressed Council stating that the City of Wylie has been approved and will receive revenue from the 2005 UASI grant for radio interoperability upgrades in the amount of $132,462.72. This amendment would authorize the purchase of equipment to enhance radio interoperability communications upgrades to bring Wylie's current public safety, voice communications equipment into compliance with State of Texas and regional interoperability. He explained that this same expenditure cost was submitted in the budget amendment Ordinance No. 2006-29 (2005-2006 budget). The City of Wylie was unable to purchase equipment due to the delay of approval from Department of Emergency Management DEM. DEM and North Central Texas Council of Government NCTCOG have approved the radio interoperable project. Minutes—November 14, 2006 Wylie City Council Page 6 Council Action A motion was made by Councilman Newsom, seconded by Councilman White to approve Ordinance No. 2006-64 amending Ordinance No. 2006-56 (2006-2007 Budget) and approving an appropriation of funds, in the amount of $132,462.72, for the purchase of radio interoperability equipment. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. 6. Consider, and act upon, approval of a Professional Services Agreement, in the amount of $217,500.00, with Kimley-Horn for the design of the Hooper Road/Maxwell Creek Bridge. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on September 26, 2006 Council approved an inter- local agreement with Collin County for the design and construction of the bridge on Hooper Road over Maxwell Creek. Collin County approved the agreement on their October 24, 2006 meeting. The 2003 Collin County Bond Program included $1,138,500 for the project, which will ultimately provide another north/south connection between FM 544 and SH 78. Collin County is funding $569,250 of the project cost and the Cities of Wylie and Sachse are committed to fund $284,625 each. This project was included in the Thoroughfare Capital Improvements Plan and impact fee funds may be used for this project. The construction of the bridge will be incorporated into the development of the Woodbridge property. Council Action A motion was made by Councilman Young, seconded by Councilman Hogue to approve a Professional Services Agreement between the City of Wylie and Kimley-Horn for the design of the Hooper Road/Maxwell Creek Bridge in the amount of $217,500.00. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. Councilman Byboth requested that Item #11 be considered prior to Items 7 through 10 due to a previous commitment. 11. Consider, and act upon, acceptance of the resignation of Joel Hemphill and the appointment of a new member to the Planning and Zoning Commission for the unexpired term of November 2006 to July 2007. (R. 011ie, Planning and Zoning Director) Staff Comments Councilman Byboth reported that several applicants had agreed to serve the unexpired term of Mr. Hemphill if appointed however in the absence of Mayor Pro Tern Porter and because he was the 2006 Boards & Commission Interview Panel Chair, Mr. Byboth recommended that Council accept the resignation of Mr. Hemphill and table the appointment of his replacement to the December 12, 2006 meeting where Mayor Pro Tern Porter could make a recommendation. Council Action A motion was made by Councilman Byboth, seconded by Councilman Newsom to accept the resignation of Joel Hemphill and table consideration of an appointment to the Planning and Zoning Commission for the unexpired term to replace Joe Hemphill to the December 12, 2006 Council meeting. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. Minutes— November 14, 2006 Wylie City Council Page 7 Councilman Byboth left the meeting. 7. Consider, and act upon, Ordinance No. 2006-67 setting the prima facie speed limits for FM 544. (C. Holsted, City Engineer) Executive Summary City Engineer Hoisted addressed Council stating that the Texas Department of Transportation (TxDOT) recently completed a speed zone study for FM 544 in the City of Wylie. The study recommends the posted speed be as follows: Current Proposed McCreary Road to Sanden 45 50 Sanden to SH 78 45 45 He reported that if approved, the Ordinance will be forwarded to TxDOT and will authorize them to install the appropriate speed limit signs. Council Discussion Councilman Young stated that he had concerns regarding the speed limit being increased at McCreary Road to Sanden. He stated that there was a school located in this area. Mr. Hoisted explained that the school would post appropriate school zone signs to slow traffic down in that area; at the appropriate times of the day. Mayor Mondy asked Mr. Hoisted what would happen if the Council did not approve the recommended speed limits. Mr. Hoisted explained that if the speed recommendations were approved by Ordinance and TxDOT was notified; TxDOT would place the new speed signs on the roads soon after the notification, however if TxDOT did not receive approval by the City, within 90 days, TxDOT would determine the speed and post the appropriate speed signs. He stated that more than likely, those speed limits would be the speeds recommended by TxDOT in their traffic study. NO ACTION WAS TAKEN ON THIS ITEM DUE TO LACK OF A MOTION BY THE CITY COUNCIL. 8. Consider, and act upon, Ordinance No. 2006-68 setting the prima facie speed limits for FM 2514. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the Texas Department of Transportation (TxDOT) recently completed a speed zone study for FM 2514 in the City of Wylie. The approved Ordinance will be forwarded to TxDOT and will authorize them to install the appropriate speed limit signs. Current Proposed City Limits to south of the RR tracks 50* 50 South of the RR tracks to Brown St. 40 40 * Currently the 50 mph speed zone ends on the north side of the tracks. Council Discussion Mayor Mondy asked Mr. Hoisted if the general rules addressed in Item #7 were consistent with all TxDOT speed limit recommendations. Mr. Hoisted replied that if Council did not approve Ordinance No. 2006-68, and notify TxDOT, after 90 days, TxDOT would post the speed limits at the recommended speeds. NO ACTION WAS TAKEN ON THIS ITEM DUE TO LACK OF A MOTION BY THE CITY COUNCIL. Minutes—November 14, 2006 Wylie City Council Page 8 9. Consider, and act upon, Ordinance No. 2006-69 setting the prima facie speed limits for FM 3412. (C. Holsted, City Engineer) Staff Comments Mr.Holsted addressed Council stating that the recommended speed limits by Texas Department of Transportation (TxDOT)recently completed by a speed zone study for FM 3412 in the City of Wylie,recommends the posted speed be as follows: Current Proposed FM 1378 to 1,450' west of Westgate Way 55 50 1,450'west of Westgate to Westgate 45 45 Westgate to east of Jackson 30 35 East of Jackson to SH 78 30 30 He explained that if approved by Ordinance the City will forward the Ordinance to TxDOT and will authorize them to install the appropriate speed limit signs. If Council does not approve Ordinance No. 2006-69, after 90 days, the speed limits will be determined by TxDOT and signs will be posted. NO ACTION WAS TAKEN ON THIS ITEM DUE TO LACK OF A MOTION BY THE CITY COUNCIL. 10. Consider, and act upon, Ordinance No. 2006-70 amending Ordinance No. 98-16 (Fee Schedule) and amending Ordinance No. 2002-10 (Park Use Fees Ordinance), Section 42.01 (Athletic Field Reservation Fee); Section 42.03 (Athletic Field Light Fee); deleting Section 42.04 (Athletic Field Marking/Chalk Fee) and amending Section 42.06 (Receipt of payment and late payment regarding all usage fees). (R. Diaz, Assistant Superintendent, Parks and Recreation) Staff Comments Assistant Parks Superintendent Robert Diaz addressed Council stating that at the joint meeting between the City Council and the Parks and Recreation Board held in January 2006, direction was given from the City Council to the Board to review the athletic light fee and athletic user fees. The following suggestions were given at the joint meeting for the Board to explore: Athletic Light fees: ➢ Propose a Light fee that recovers 50% of the actual cost for light usage. Athletic User fees: ➢ Propose a Resident user fee and a Non-resident user fee. ➢ Propose an adult user fee and child user fee. ➢ Propose a user fee based on the time of use i.e., use before and after 10:00 p.m. Mr. Diaz discussed with Council the changes that they requested from the September meeting. Council Discussion Councilman Young asked if staff had looked at different electric providers. Mr. Diaz commented that looking at electric rates by various providers was not recommended at the September meeting and therefore was not reviewed. City Manager Manson explained that new electric providers were not being reviewed, at this time. Mr. Diaz also explained that the new rates could be phased in, if desired by Council. Mayor Mondy commented that it does cost quite a bit of money to put water on the fields. Minutes—November 14, 2006 Wylie City Council Page 9 Council Action A motion was made by Councilman White, seconded by Councilman Newsom to approve Ordinance No. 2006-70 amending Ordinance No. 98-16 (Fee Schedule) and amending Ordinance No. 2002-10 (Park Use Fees Ordinance), Section 42.01 (Athletic Field Reservations Fee); Section 42.03 (Athletic Field Light Fee); deleting Section 42.04 (Athletic Field Marking Chalk Fee) and amending Section 42.06 (Receipt of payment and late payment regarding all usage fees). A vote was taken and passed 5-0 with Mayor Pro Tern Porter and Councilman Byboth absent. After the vote, Mr. Diaz asked Council when the new fees would take effect. Mayor Mondy commented that the fees could be initiated with the next sport season in the spring of 2007. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No's. 2006-64 and 2006-70 into the official records. ADJOURNMENT With no further business before Council, Councilman Hogue made a motion to adjourn at 7:55 p.m. Councilman Newsom made the second. Consensus of Council was to adjourn. IIii�►,,��' J n M nd , Mayor `` _•,.. ATTEST: _ w -re AI, j� % ,1• P````�� ;��" Carole Ehrlic , City,Secretary Minutes—November 14, 2006 Wylie City Council Page 10