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05-08-2007 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, May 8, 2007 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Acting Mayor Merrill Young called the meeting to order at 6:08 p.m. Council Members present were: Councilman Red Byboth, Councilman Eric Hogue, Councilman Rick White and Councilman Earl Newsom. Mayor Mondy and Mayor Pro Tern Porter were absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Public Library Director, Rachel Orozco; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Hogue gave the Invocation and Councilman Newsom led the Pledge of Allegiance. PRESENTATION • Presentation to Councilman Hogue and Councilman Newsom Acting Mayor Young and Council members presented Councilman Eric Hogue and Councilman Earl Newsom with plaques of appreciation for their many years of dedication and service to the City of Wylie. Councilman Newsom had served as a councilmember since May of 2004 and Councilman Hogue had served since May of 2000 and served as Mayor Pro Tern for three years starting in 2003 and ending in 2006. Council members Hogue and Newsom did not seek reelection to their seats on the Wylie City Council Places 1 and 3 respectively. Minutes—May 8, 2007 Wylie City Council Page 1 • Proclamation for"Motorcycle Safety and Awareness Month" Acting Mayor Young presented a proclamation for"Motorcycle Safety and Awareness Month" to Michelle Rhone representing Texas ABATE Confederation. 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 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. Consider, and act upon, approval of Minutes from the April 24, 2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the Mayor to execute a Cooperative Agreement between the City of Wylie and the U. S. Army Corps of Engineers for additional Law Enforcement Services for a term of May 27, 2007 through September 3, 2007. (J. Butters, Assistant City Manager) C. Consider, and act upon, approval of a Change Order, in the amount of$137,815.00, to Crescent Constructors, Inc. for the installation of two additional pumps to the Nortex Pump Station. (C. Hoisted, Engineering) D. Consider, and act upon, approval of a Final Plat for Garnet Hill Addition, Block A, Lot 1 creating a single lot on 6.0 acres for a residential retirement development. The property is generally located southeast of McCreary Road and Creekside Estates Drive. (R. 011ie, Planning Director) Council Action A motion was made by Councilman Hogue, seconded by Councilman Byboth to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Mayor Mondy and Mayor Pro Tem Porter absent. Minutes— May 8, 2007 Wylie City Council Page 2 REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending zoning from Light Industrial (LI) to Planned Development (PD) District, generally located east of Regency Drive and north of Steel Road. ZC 2007-02. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant is requesting to rezone the property to allow for an innovative and viable office-showroom/warehouse development to accommodate growing demands for flexible facilities designed to support the light manufacturing/assembling & hi-tech business sector. Located in the Regency Business Park, the property consists of two un-platted tracts and one partially developed lot, totaling 3.7 acres. The property was annexed into the City in July, 1984 (Ordinance 84-38) and zoned Industrial (I)at that time. Subsequent amendments to the zoning ordinance changed zoning designations on the property from Industrial (I) to Business Commercial (BC). The current zoning on the property is LI and it has been partially used for commercial and light industrial uses (auto towing &storage and contractors maintenance yard). Applicant Comments Brian Rogers, applicant, residing at 511 Rustic Place, Wylie, Texas addressed Council stating that he currently worked for NiCom Construction, Inc. He explained that the company had purchased three lots which would be combined into one parcel and then subdivided into 9 lots. He explained that the purpose for the PD was to allow the buildings to face in a direction other than a public street. The proposed private drive would run along Regency and make a turn and come out on Steel Road. He explained that they were in the process of creating a property owner's association and all businesses would be required to join the association. "Primarily we are trying to clean up the front of the business park and bring in some new businesses". He explained that they were currently in negotiations with a hi-tech company from England. Public Hearing Acting Mayor Young opened the public hearing at 6:20 p.m. No one was present to address Council regarding Zoning Case#2007-02. Acting Mayor Young closed the public hearing at 6:20 p.m. Council Action A motion was made by Councilman Byboth, seconded by Councilman Newsom to approve Zoning Case 2007-02 amending zoning from Light Industrial (LI) to Planned Development (PD) District, generally located east of Regency Drive and North of Steel Road. A vote was taken and passed 5-0 with Mayor Mondy and Mayor Pro Tern Porter absent. Minutes— May 8, 2007 Wylie City Council Page 3 General Business 2. Consider, and act upon, Ordinance No. 2007-13 amending Chapter 74 of the Wylie Code of Ordinances to add a new article for the purpose of establishing the regulation of sex offender residency by making it unlawful for certain sex offenders to reside within one thousand (1,000) feet of premises where children gather; providing that a culpable mental state is not required for committing an offense under this ordinance; providing for a penalty for the violation of this ordinance; providing for affirmative defenses; providing for repealing, savings and severability clauses; providing for the publication of the caption hereof; and providing for an effective date of this ordinance. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the proposed ordinance prohibits registered sex offenders from living within 1000 feet of places frequented by minors including parks, schools, child care centers, playgrounds, recreation centers, public swimming pools, commercial amusement centers designed or marketed for minors, and public stadiums or playing fields. The ordinance also requires that sex offenders keep their porch light off during Halloween and do not solicit minors to trick or treat at their residence. The Texas attorney general has recently rendered an opinion upholding Cities authority to pass such ordinances. This ordinance has become important for Wylie as some registered sex offenders have begun avoiding Cities that have adopted similar ordinances. This ordinance will greatly restrict where registered sex offenders can live in the City of Wylie. He reported that two council members had requested additional verbiage be added to Section B. (Offenses) which read; "home owners association swimming pools and apartment swimming pools where multiple families have access". Council Discussion Councilman Hogue asked Assistant City Manager Butters how the ordinance would affect offenders currently living in Wylie prior to the passage of this ordinance. Assistant City Manager Butters replied that these residents would be grandfathered in if they had residency prior to the passage of the proposed ordinance. He explained that once the property was vacated, no other offender could then occupy the property. Council Action A motion was made by Councilman Newsom, seconded by Councilman Hogue to approve Ordinance No. 2007-13 amending Chapter 74 of the Wylie Code of Ordinances to add a new article for the purpose of establishing the regulation of sex offender residency by making it unlawful for certain sex offenders to reside within one thousand (1,000) feet of premises where children gather; providing that a culpable mental state is not required for committing an offense under this Ordinance; and adding to the proposed Ordinance, Section B. (Offenses) the inclusion of "home owners association swimming pools and apartment swimming pools where multiple families have access". A vote was taken and passed 5-0 with Mayor Mondy and Mayor Pro Tem Porter absent. Minutes—May 8, 2007 Wylie City Council Page 4 3. Consider, and act upon, approval of Resolution No. 2007-16(R) authorizing submittal of a grant application to Texas Department of Transportation (TxDOT) for the Texas Safe Routes to School Program. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that the Safe Routes to School (SRTS) program is contained in a 2005 federal transportation bill and is designed to enable school children to walk or bike to school in a safe, secure environment and provide a healthy alternative to riding the bus or being driven to school. The legislation makes available $612 million in federal funds over five fiscal years. Each state receives a portion of the funds based on its percentage of the national total of school-aged children in grades K-8. Texas anticipates receiving approximately $40 million in SRTS funding between 2005 and 2009. Council Discussion Councilman Byboth asked Public Services Director Sferra if Wylie applied for the maximum $750,000 grant could the state actually lower the amount to $250,000 or $500,000. Mr. Sferra stated that was correct and in his experience many times that is what happens. Council Action A motion was made by Councilman Byboth seconded by Councilman White to approve Resolution No. 2007-16(R) authorizing submittal of a grant application to Texas Department of Transportation (TxDOT) for the Texas Safe Routes to School Program. A vote was taken and passed 5-0 with Mayor Mondy and Mayor Pro Tem Porter absent. 4. Discussion of disannexation requested by a citizen, and related issues, of property annexed into the City limits by Ordinance No. 99-23 and receive input from staff and citizens. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that this would be an opportunity for discussion regarding a request received by Mr. Kurt Strange of 7900 East Parker Road to be disannexed from the City. This item was placed on the agenda at the request of Councilman Newsom and Councilman White. She explained that staff would like to receive direction from the Council. Mr. Strange's property was one of several others that were annexed in 1999. City Manager Manson reported that State Law sets out provisions and procedures for disannexation, dependent upon whether it is initiated by the municipality or the property owners. She reviewed with Council the action required, including a petition from all property owners that were annexed in Ordinance No. 99-23, to comply with State Law. She explained that this issue had come before Council a couple of years ago in the form of a request from Mr. Charles Welhausen, Attorney at Law representing many of the property owners annexed by Ordinance 99-23. She explained that it was Mr. Welhausen's determination that the property owners he represented had not received services set forth in the annexation plan. She reported that service information was compiled and sent to the City Attorney at that time. After review of the service claims by the City Attorney, Julie Fort, she determined that the property owners in question had received the same services and in the same manner as other areas within the City limits. City Manger Manson explained that what staff was asking for tonight was whether Council wished to move forward with the disannexation; which they had the authority to do. She explained that if the City initiated the disannexation, Council could choose Minutes— May 8, 2007 Wylie City Council Page 5 properties they wished to disannex rather than disannexing the entire property noted within Ordinance No. 99-23. Councilman Newsom asked City Manager Manson if any of F.M. 2514 belonged to the City. City Manager Manson stated that the City annexed property at the property lines and did not include F.M 2514. She stated that this could cause some confusion regarding services. Requestor Comments Mr. Kurt Strange residing at 7900 East Parker Road, Allen Texas addressed Council stating that he was representing Alice Marie Thomas, Kenneth and Patsy Lewis, Gerald Lewis, Alvin and Robin Duncan, Mike and Sharon Benner and himself. He reported that the only service he was able to receive from the City of Wylie was Fire Rescue. He stated that he could not receive a Library Card. He explained that when the new Recreation Center was built, he felt he would not be able to receive a membership because his actual address was in Allen, Texas. He questioned why Dove Creek and Taylor Lane were left out of the annexation. City Manager Manson reported that she recalled during the August 31, 1999 Council meeting there were several annexations including Ordinance No. 1999-23. She stated that from memory, she felt the reason for not including Dove Creek and Taylor Lane was due to the property being a platted and developed neighborhood, and Council agreed to defer annexing the area until sewer service was available. Councilman Byboth asked Mr. Strange if he had written documentation stating that each of the aforementioned property owners wished to be disannexed. Mr. Strange noted that two of the five property owners were in the audience but he did not have anything written authorizing him to represent the other property owners; other than verbal. Councilman Newsom asked if the residents in question were provided water and sewer. Mr. Strange replied that water services were being provided by the City of Parker.; he also stated that he was very satisfied with the current utilities he had. Councilman Hogue asked City Manager Manson if there was a timeline by which the property, if disannexed, could not be annexed again. City Manager Manson reported that if the property was disannexed by the property owners for lack of services and by petition and other State requirements such as posting notice, then the property could not be annexed again for ten years. She explained that if the City Council was to disannex the property rather than by petition of the property owners, the property could be annexed again at any time. Councilman Hogue asked if the property owners wished to be annexed again could the City provide annexation to them. Ms. Manson replied that voluntary annexation could be done at any time. Councilman Newsom stated that he had one concern; that being the repayment of ad valorem taxes. He explained that other than the one concern, if everyone annexed by 99-23 was in agreement to be disannexed, he had no problem with disannexation. Councilman Newsom reported that he had been in contact with Edward M. Sledge and he also was requesting disannexation. Councilman Byboth asked Finance Director Williamson if he had run any numbers on the loss of taxes or repayment of taxes regarding the request. Mr. Williamson replied that he had not but would be happy to do so if Council wished. Councilman Hogue stated that he would like to look at the numbers and then have another discussion item to come to some type of resolution that would benefit both the property owners and the City. Councilman Byboth commented that he would like to see the numbers and then make a determination regarding disannexation. Acting Mayor Young requested all call reports from Fire and Police in the area in question and also a report from the property owners of complaints of non-service including dates and times. City Manager Manson asked if Council wished this item to come back to Council in the form of possible action. Council directed that the item be brought back as a discussion item. Council Direction Council requested staff to calculate the property tax impact both for a refund of taxes for prior years, and tax loss due to disannexation. In addition staff reports of services rendered to this area by Fire and Police. Also requested was a timeline of proposed lack of services from the property owners and something in writing showing all property owners annexed by Ordinance No. 99-23 were requesting disannexation, and consensus from the property owners regarding whether disannexation action would include a request for refund of prior years property taxes. Council asked that these issues be brought back for another discussion item for further direction Minutes—May 8, 2007 Wylie City Council Page 6 to staff. City Manager Manson stated that it would take some time to gather the additional information and staff would bring the information back on an agenda as soon as possible for further discussion. 5. Consider and act upon a recommendation to the North Central Texas Council of Governments Nominating Committee to serve as an Executive Board Member for 2007-2008 representing cities with a population of 25,001 or more. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that each year the North Central Texas Council of Governments requests nominations for their Executive Board of Directors. Local officials from member governments are invited to submit recommendations for the Board positions. The City of Wylie is eligible to submit a recommendation for one of two representative positions for Cities with a population of 25,001 or more, (but less than 100,000). An Executive Board member must be a local elected official from a member government and no member government may have more than one representative on the Board at any given time unless one of them is serving in the Past President position. All recommendations from member governments must be received by May 11, 2007 to be considered. NCTCOG has appointed a nominating committee consisting of the current Executive Board President and Past Presidents of the Board. Final nominations from the committee will go to the General Assembly at their meeting scheduled for Friday, June 15, 2007. She reported that Mayor Pro Tern Porter had indicated an interest in serving if recommended, nominated and appointed. Council Action A motion was made by Councilman Byboth seconded by Councilman White to recommend the nomination of Mayor Pro Tern Carter Porter to serve as an NCTCOG Executive Board Member for 2007-2008 representing cities with a population of 25,001 or more. A vote was taken and passed 4-1 with Acting Mayor Young, Councilman White, Councilman Newsom, and Councilman Byboth voting for and Councilman Hogue voting against. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section I3-D. City Secretary Ehrlich read the captions to Ordinance No. 2007-13 into the official record. Acting Mayor Young recessed the meeting at 7:15 p.m. Acting Mayor Young reconvened into Work Session at 7:25 p.m. with the following members present: Councilman Hogue, Councilman White, and Councilman Byboth. Mayor Mondy, Mayor Pro Tern Porter, and Councilman Newsom were absent. WORK SESSION • Presentation update and discussion of Schematic Design and Imagery of Fire Station #3. (Wiginton-Hooker-Jeffry, Architects) Minutes—May 8, 2007 Wylie City Council Page 7 Assistant Chief Flores introduced Douglas A. Edney, Principal and Cathy Pleasant, representatives from Wiginton-Hooker-Jeffry Architects. Douglas A. Edney, Principal gave a brief presentation of the building design plans for Fire Station #3. He presented floor plans, site plans and some schematic views of the design of the building. He reported to Council that the newest estimated cost for construction had decreased to 2.7 million. This he explained, after working with staff was down from the February 13, 2007 estimate of between 2.8 and 3.7 million. He stated that he was in hopes that costs would decrease a little or stay constant until the construction plans were completed. He reported that the construction plans would take 4 to 5 months for completion and would be brought back to Council in October or November 2007. The estimated time, once the bid was approved, for construction completion would be 10 to 12 months. ADJOURNMENT With no further business before Council, a motion was made by Councilman Byboth, seconded by Councilman White to adjourn the meeting at 7:40 p.m. Consensus of Council was to adjourn. !````�� i�ii���M. G. Byboth, Mayor P Tern OF INy ATTEST: * �a . '• .<c\ • Carole Ehrlic , City Secretary GL • YC.'..TES ‘�•`` `‘‘ Minutes—May 8, 2007 Wylie City Council Page 8