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01-09-2007 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, January 9, 2007 — 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: Mayor Pro Tern Carter Porter, Councilman Earl Newsom, Councilman Merrill Young, Councilman Eric Hogue, Councilman Red Byboth, and Councilman Rick White. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Acting Fire Chief, Noe Flores; WEDC Director, Sam Satterwhite; Public Information Officer, Mark Witter, City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Byboth gave the Invocation and Councilman White led the Pledge of Allegiance. PRESENTATION • Recognition of 3'd Six Weeks Star Students—Character Trait"Caring" Mayor Mondy and Mayor Pro Tern Porter presented certificates to Wylie ISD students showing the character trait of"Caring". 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 was no one present to address Council. Minutes—January 9, 2007 Wylie City Council Page 1 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. Consider, and act upon, approval of the Minutes from the December 12, 2006 Regular Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Resolution No. 2007-01(R) establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. (C. Ehrlich, City Secretary) C. Consider, and act upon, approval of a Preliminary Plat creating a single lot for Multi-Family development on 20.500 acres, generally located south of FM 544 between Hooper Road and Wylie High School within the Woodbridge North Subdivision. (R. 011ie, Planning Director) D. Consider, and act upon, approval of a Final Plat creating four (4) commercial/retail lots for Victoria Place Addition, generally located at the northeast corner of SH 78 and Spring Creek Parkway. (R. 011ie, Planning Director) E. Consider, and act upon, Resolution No. 2007-02(R) authorizing the City Manager to enter into an agreement, in the amount of $74,650.00, with Stewart Schwensen Productions for entertainment/staging for the 2007 summer concerts, Wylie Independence Day Celebration and Fall Concert-Wylie Chamber of Commerce Rodeo. (R. Diaz, Assistant Parks Superintendent) F. Consider, and act upon, Resolution No. 2007-03(R) authorizing the City Manager to execute a contract, in the amount of$7,500.00, between BBC Research & Consulting and the City of Wylie for consulting services to provide an economic study for "Fire Development Fees". (S. Seddig, Fire Marshal) G. Consider, and act upon, authorizing the Mayor to execute a Warranty Deed, in the amount of$171,810.00, from Alanis Crossing, Ltd. for purchase of the right of way for Alanis Drive from Twin Lakes Drive to FM 544. (C. Holsted, City Engineer) H. Consider, and act upon, reimbursement to Braddock Place Estates, Ltd., in an amount not to exceed $153,777.00, for easements related to the Twin Lakes Outfall Sewer line. (C. Holsted, City Engineer) I. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2006. (S. Satterwhite, WEDC Executive Director) J. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2006. (S. Satterwhite, WEDC Executive Director) Minutes—January 9, 2007 Wylie City Council Page 2 Mayor Mondy asked that Items B, E, F, G, and H be pulled from the Consent Agenda for further consideration. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve Consent Items A, C, D, I, and J of the Consent Agenda as presented. A vote was taken and passed 7-0. REGULAR AGENDA Pulled Items from Consent B. Consider, and act upon, approval of Resolution No. 2007- 01(R) establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. (C. Ehrlich, City Secretary) Councilman Young asked City Secretary Ehrlich if she knew the current subscription count of the Wylie News. City Secretary Ehrlich reported that she did not. Councilman Hogue stated that he believed at the end of last year the subscriptions were around 4,500. Councilman White stated he believed it was now closer to 5,000. E. Consider, and act upon, Resolution No. 2007-02(R) authorizing the City Manager to enter into an agreement, in the amount of $74,650.00, with Stewart Schwensen Productions for entertainment/staging for the 2007 summer concerts, Wylie Independence Day Celebration and Fall Concert-Wylie Chamber of Commerce Rodeo. (R. Diaz,Assistant Parks Superintendent) Councilman Byboth asked Assistant Superintendent of Parks, Robert Diaz if the timing of the September Keith Mitchell Band for the rodeo should have been scheduled for the 14th and 15th to coincide with the Ranch Rodeo. Mr. Diaz stated that the band was very flexible and the dates could be changed to the 14th and 15th of September rather than the 7th and 8th F. Consider, and act upon, Resolution No. 2007-03(R) authorizing the City Manager to execute a contract, in the amount of$7,500.00,between BBC Research & Consulting and the City of Wylie for consulting services to provide an economic study for "Fire Development Fees". (S. Seddig, Fire Marshal) Mayor Mondy asked Captain Seddig to come forward and explain what the Resolution for consulting services, was for. Captain Seddig explained to Council that a couple of years ago, he started communication with Texas Municipal League to promote legislation that would allow impact fees for the Fire Departments. The contract presented tonight is the completion of that effort. He explained that by conducting an economic study of current fire department service levels and associated capital, a cost can accurately be associated with maintaining these service levels. This cost can then be addressed by a "Fire Development Fee" which would then provide a portion of the capital for these service expenditures. G. Consider, and act upon, authorizing the Mayor to execute a Warranty Deed, in the amount of$171,810.00, from Alanis Crossing, Ltd. for purchase of the right of way for Alanis Drive from Twin Lakes Drive to FM 544. (C. Hoisted, City Engineer) Minutes—January 9, 2007 Wylie City Council Page 3 City Secretary Ehrlich reported, for the record, that the Item #G should read: Consider, and act upon authorizing the Mayor to accept a Warranty Deed, in the amount of $171,810.00, from Alanis Crossing, Ltd. for purchase of the right of way for Alanis Drive, from Twin Lakes Drive to FM 544. H. Consider, and act upon, reimbursement to Braddock Place Estates, Ltd., in an amount not to exceed $153,777.00, for easements related to the Twin Lakes Outfall Sewer line. (C. Hoisted, City Engineer) Mayor Mondy asked City Engineer Hoisted if the Southwestern Medical Foundation and Ronny Lynn Klingbeil had been contacted for acquisition of Right-of-Way. Mr. Hoisted replied that he had been in contact with Ronny Lynn Klingbeil and the consultant was in the process of working with Southwestern Medical Foundation. Council Action A motion was made by Councilman Hogue, seconded by Councilman White to approve Items B, E, F, G, and H of the Consent Agenda. A vote was taken and passed 7-0. Public Hearings 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Single Family — 20/26 (SF-20/26) District for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. ZC 2006-18 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is located south of Alan is 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 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. The Comprehensive Plan recommends low density residential for the subject property. Public Hearing Mayor Mondv opened the Public Hearing at 6:20 p.m. asking anyone present wishing to address Council on Zoning Case #2006-18 to come forward. No one was present to address Council. Mayor Mondv closed the Public Hearing at 6:20 p.m. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to approve Ordinance No. 2007-01 (Zoning Case #2006-18) amending the zoning from Agriculture (A) to Single Family — 20/26 (SF 20/26) District for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue, with the provision that neither lot (tract) could be further sub-divided. A vote was taken and passed 7-0. Minutes—January 9, 2007 Wylie City Council Page 4 A motion was made by Councilman Newsom, seconded by Councilman Byboth to approve Ordinance No. 2007-01 (Zoning Case #2006-18) amending the zoning from Agriculture (A) to Single Family — 20/26 (SF 20/26) District for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue, with the provision that neither lot (tract) could be further sub-divided. A vote was taken and passed 7-0. Tabled from December 12, 2006 2. (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) Council Action A motion was made by Councilman Byboth to remove Resolution No. 2006-26(R)from the table and consider. Consensus of Council was to remove and consider. Staff Comments City Engineer Hoisted addressed Council stating that this item was tabled on December 12, 2006 to allow time for the Engineering Department to contact residents/businesses in the area to obtain more information regarding the proposed options. A meeting was held on December 13, 2006 with representatives from the Town of St. Paul to discuss the alignment alternatives. He reported that out of the meeting, it was determined that the Town of St Paul had previously chosen Option #2 which realigns the intersection east of 1378. He explained that they also indicated that their engineer was working on the intersection with the new alignment and Parker Road and should have something completed within 60 days. Mr. Hoisted commented that he would present a copy to Council when he received it. Mr. Hoisted told Council that Mr. Schattner representing Imperium Holdings, LP and addressing the west side of 1378 near the proposed intersection was present for comments. Council Discussion Mayor Mondy asked Mr. Hoisted if the Council went with Option#1 or#2, did that mean there would be a controlled intersection. City Engineer Hoisted replied that yes there would be a four way controlled intersection at Parker Road and 1378. City Engineer Hoisted stated that the City of Parker had reported that the businesses currently in the area were in favor of Option #2. He reported that depending on the flow of traffic, TxDOT would decide if the current light was still necessary, once the re-alignment was completed based on traffic flow. Councilman Byboth commented that he liked option #3. City Engineer Hoisted replied that the problem with options #3 and #4 was, if the city chooses one of those options, there would be no unity between the cities affected by the alignment; thereby leaving that final choice to TxDOT. Councilman Young ask if Option #1 and #2 were the most cost effective. Mr. Hoisted replied that Option #2 and #3 were about the same with Option#2 being the most cost effective. Mayor Mondy asked Mr. Schattner to come forward and give his opinion regarding the realignment of 1378. Mr. Stephen Schattner, President of Imperium Holdings, LP, 6350 LBJ Freeway, Dallas Texas and owner of the west portion of property located near the proposed alignment, thanked Council for the opportunity to address them. He explained that he was coming before Council tonight, not to propose one alignment over the other but rather to give an unbiased opinion based on prospective businesses looking at the area for future sites. He stated that the timing of the alignment of Parker Road and 1378 was the most important issue. He explained that time kills all deals and commented that until this alignment is completed; new business would not be willing to locate in the area. He explained that with regard to alignments#3 and#4, you are taking off from the county alignment and creating a new alignment that will require approval by all cities involved and adds the City of Parker to that list. The consequence of this decision and the eventual sequence of events will add an additional 2 to 4 years to the project. The effect this will have on businesses will be that businesses will move to the west, north or east. He also stated the importance of the extension of F.M. 1378 as it extends to the north. He recommended that the best thing Wylie could do at this point would be to extend F.M. 1378 north to include the 900 feet north of F.M. 2514. He commented that the faster this could be completed the better chance Wylie had for business development Minutes—January 9, 2007 Wylie City Council Page 5 Council Action A motion was made by Councilman Hogue, seconded by Councilman Young to approve Resolution No. 2006-26(R) supporting Option # 2 for the alignment of Parker Road (2514) and F.M. 1378. A vote was taken and passed 7-0. 3. Consider, and act upon, the appointment of a Board of Directors member of the North Texas Municipal Water District (NTMWD) to complete an unexpired term beginning January 2007 and ending May 31, 2007. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that 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 state and federal law, in alignment with NTMWD policy, and in the best interests of the cities receiving services. The City of Wylie has two board member positions on the NTMWD Board: Mr. Marvin Fuller whose term expires May 31, 2008 and a position that is vacant due to the passing of long time resident and NTMWD Board member Harry Tibbals,whose term would expire in May of 2007. Council Discussion Mayor Mondy stated that he had been in contact with North Texas Municipal Water District and it was determined that there were twenty four members serving on the board; the immediate appointment of another board member was not necessary to the function of the district. Mayor Mondy suggested that the Council waive appointing someone at this time; in respect for the service Mr. Tibbals has provided to the community over the years, and the memory of long time resident and board member Harry Tibbals. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tem Porter to table Item #3, the appointment of a Board of Directors member of the North Texas Municipal Water District (NTMWD) to June of 2007 to coincide with the appointments of other Boards and Commissions, in memory of long time Wylie resident and (NTMWD) board member Harry Tibbals. A vote was taken and passed 7-0. 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 Ordinance caption to Ordinance No. 2007-01 into the official record. Mayor Mondv announced that the Executive Session regarding Section 551.071 and Section 551.072 to discuss issues related to property near the intersection of F.M. 544 and S.H. 78 was cancelled. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq, Texas Government Code, to wit: Minutes—January 9, 2007 Wylie City Council Page 6 Section 551.071 Meeting with City Attorney regarding a matter(s) 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 regarding: • issues related to property near the intersection of F.M. 544 and S.H. 78 Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • near the intersection of F.M. 544 and S.H. 78 ADJOURNMENT With no further business before Council, Councilman Hogue made a motion to adjourn at 6:35 p.m. Councilman Newsom made the second. Consensus of Council was to adjourn. Jon Mo y, Mayor ATTEST: O1 ef5L• � r SEA •• YtI Ei Caro e Ehrlich, itySecretary ''''��'�[�,��1► �►�`�`P```` Minutes—January 9, 2007 Wylie City Council Page 7