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04-08-2008 (City Council) Minutes Wylie City Council CITY OF WYLIE • Minutes Wylie City Council Tuesday, April 8, 2008 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Rick White, and Councilman Carter Porter. Mayor Pro Tern Red Byboth was 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; Police Chief, John Duscio; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Construction Manager, Shane Colley; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilwoman Spillyards gave the Invocation and Boy Scout Troop 552 led the Pledge of Allegiance. Boy Scouts present were: Adam Bowling, Brody Madler, Ethan Sims and Eric Sims. Also present was Troop 552 Scout Leader Greg Sims. 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. Minutes—April 8, 2008 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 March 25, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2008-18 amending the zoning from Community Retail (CR) to Commercial Corridor (CC), generally located south of Alanis Drive and west of S. Ballard Avenue (400 Alanis Drive). ZC 2008-02 (R. 011ie, Planning Director) C. Consider, and act upon, a Final Plat for Woodbridge Crossing creating seventeen (17) commercial lots on 64.68 acres, generally located south of FM 544 between McCreary Road and Springwell Parkway. (R. 011ie, Planning Director) Councilman Young asked Councilman Goss if the two citizens noted in the minutes as additional appointed Solid Waste Committee members had been submitted to the Assistant City Manager. Councilman Goss replied that both Jeff Cox and Tim Eades had agreed to serve and this information had been forwarded to Asst. City Manager Butters. 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 Byboth absent. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, a change in zoning from Agriculture District (AG/30) to Planned Development-Agricultural District (PD- AG/30), generally located west of FM 1378 (Country Club Road) and south of FM 2514 (Parker Road). ZC 2008-03. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant Gateway Community Church is proposing to construct a 113,150 square foot church/worship facility on 12.6 acres. The property was annexed into the City August 31, 1999 and has never been platted. The current zoning Ordinance does not clearly specify design standards for Non-residential structures within residential districts. Therefore a Planned Development District is being proposed in order to define the design standards. Minutes—April 8, 2008 Wylie City Council Page 2 The tract when developed as a Church/House of Worship shall be exempt from Section 3.4 Residential Design Standards. Design requirements shall be in accordance with Section 4.3 Nonresidential Design Standards with the following exceptions: 1. Front façade oriented to the street shall not be required. 2. Landscaping in the front, rear and side yards shall only be required within 100 feet of any structure or paving. 3. Concrete tilt wall construction with textured finish shall be permissible. 4. Roofs shall be either built-up with a parapet, composition with laminate shingles or pre-finished metal. The applicant is proposing tilt wall construction in lieu of the required brick exterior. A concrete tilt wall construction with a textured finish is being proposed to allow for future expansion. The northern and western (permanent) exterior walls of Phase 1 would be constructed with at least 20% stone, brick or cast stone and tilt-wall panels with only brick accents in accordance with the PD Conditions 5.C.1. Article 3, Figure 3-1 (AG/30 District) requires a minimum front yard setback of 50 feet, side yard of 20 feet and a rear yard of 50 feet. The proposed PD request a minimum front yard setback of 25 feet, side yard of 10 feet and a rear yard of 10 feet. The main structure shall not exceed 45 feet in height, while campaniles, bell towers, spires or similar architectural appurtenances shall not exceed a height of 90 feet. Landscaping shall be provided in proportion with each phase. The landscaped area of Phase 1 shall comprise 6% (35,071 s.f.) of the total subject tract, and 39% of just the Phase 1 area. The total area of the site is 548,856 s.f. Upon completion of all phases, landscaping shall encompass 37.4%. In an effort to shield property owners along the southern border of the property, shrubs or trees shall be planted in accordance with Article 7, Section 7.1.E.2, as development of the property moves southward. Planning and Zoning Commission voted 6-1 to recommend approval. The Commissioner voting in opposition expressed concerns of increased traffic along FM 1378 and that future development on FM 1378 should cease until FM 1378 is widened. Council Discussion Mayor Mondy asked about the absence of a wall separating the school and the church. Planning Director 011ie replied that the wall in question by the P & Z Commission was not required due to this area being for shared parking only. Councilman Young asked if the ninety foot bell tower was an exception to the Code. Planning Director 011ie reported that the code did not have requirements for height for bell towers. Public Hearing Mayor Mondy opened the Public Hearing for Zoning Case #2008-03 at 6:15 p.m., asking anyone present wishing to address Council to come forward. Marlys Collins residing at 3609 Almond Lane, McKinney Texas and representing the Gateway Community Church addressed Council and answered questions regarding the zoning case. Mayor Mondy asked how many services would be scheduled for Phase I. Ms. Collins replied that she thought the church was scheduling one service. Mayor Mondy asked how many services were planned after Phase II build out. Ms. Collins replied she believed there would be two. No one else was present to address Council during the Public Hearing for Zoning Case #2008- 03. Mayor Mondy closed the Public Hearing at 6:18 p.m. Minutes—April 8, 2008 Wylie City Council Page 3 Council Action A motion was made by Councilman Young seconded by Councilman Porter to approve a change in zoning from Agriculture District (AG/30) to Planned Development-Agricultural District (PD-AG/30), generally located west of FM 1378 (Country Club Road) and south of FM 2514 (Parker Road). ZC 2008-03. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. General Business 2. Consider, and act upon, Ordinance No. 2008-19 amending Article III, (Operation of Vehicles), Chapter 110 (Traffic and Vehicles) of the Code of Ordinances of the City of Wylie and adding a new Section 110-114 (Use of Hand-held Mobile Telephones Prohibited in School Zones); providing for a penalty of the violation of this ordinance; providing for severability; repealing and saving clauses; providing for the publication of this caption hereof; and providing for an effective date of this ordinance. (J. Duscio, Police Chief) Staff Comments Police Chief Duscio addressed Council stating that the School zones are in place to help protect the health, safety, and welfare of the public, especially school aged children. As many families have a fast paced life style running from one location to another many drivers are distracted by many things. A major distraction for drivers is the use of hand held cell phones. Many drivers will also text message while driving. This added distraction in an area where there are many children walking to and from school increases the possibility of an accident involving a child pedestrian. This ordinance would prohibit the use of hand held wireless telephones for calling or text messaging in a school zone during established school zone hours. Chief Duscio reported that the proposed ordinance would have an effective date of August 28, 2008 coinciding with the opening of the next school year. Mayor Mondy asked Chief Duscio if there would be a warning period. Chief Duscio replied that there would be a two week warning period to allow drivers time to comply with the new law. Councilwoman Spillyards asked if signs would be posted at each school zone. Chief Duscio replied that the department would be posting signs at each school zone. Mayor Mondy suggested contacting WISD to get the word out. Councilman Young stated that he was very excited about the implementation of the new ordinance. Council Action A motion was made by Councilman Goss, seconded by Councilman White to approve Ordinance No. 2008-19 amending Article Ill, (Operation of Vehicles), Chapter 110 (Traffic and Vehicles) of the Code of Ordinances of the City of Wylie and adding a new Section 110-114 (Use of Hand-held Mobile Telephones Prohibited in School Zones); providing for a penalty of the violation of this ordinance; providing for severability; repealing and saving clauses; providing for the publication of this caption hereof; and providing for an effective date of August 28, 2008 for this ordinance. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. 3. Consider, and act upon, Ordinance No. 2008-20 amending Ordinance No. 98-16 (Consolidated Fees and Charges/Fees schedule), Section 1.00 (Water and Sewer Rates and Fees), Subsection 1.03 (Sewage Collection and Treatment Rates); amending Chapter 114 (Utilities) Code of Ordinance of the City of Wylie to create a "Repair and Replacement Fund" for sewer projects; providing for repealing, savings and severability clauses; providing for publication of the caption hereof; Minutes—April 8, 2008 Wylie City Council Page 4 and providing for an effective date of this ordinance. (L Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that this agenda item was discussed in detail in a Sewer Finance Workshop. Council supported the recommendation and this item is being placed on the agenda for formal action. The item sets the flat monthly sewer charge at$27.00 per residential customer, with $2.00 going into a Repair and Replacement Fund. The ordinance provides for a Senior Citizens discount for all citizens with an over 65 exemption on the residence where service is provided as well as discount for Disabled Persons. The Ordinance has a delayed effective date so that adequate information can be provided to the City's residential sewer customers. Finance Director Williamson reported that the proposed ordinance would have an effective date of May 1, 2008 to allow time to send notices out to the sewer customers and a marketing campaign to insure the citizens know of the new sewer changes. Council Discussion Mayor Mondy asked Finance Director Williamson to explain the wording in Section 1.03 (a) second line that reads "including residential customers located outside the corporate limits of the City of Wylie, Texas. Mr. Williamson replied that in the original Fee Ordinance it allows for 115% charge for customers outside the city limits for water, however, the decision was made by Council not to provide sewer to residents outside the city limits. He explained that in the review of the proposed amendments to the fee ordinance, by the City Attorney's Office, the language was left in. He reiterated that at the present time, sewer service was not being offered to citizens outside the incorporated city limits; it could however be left, in the event the Council wished to provide sewer service to residents outside the city limits in the future. Councilman Goss stated that he believed it was a good idea to leave the wording, in the event the Council did decide to offer residents, outside of the city, sewer service. Councilman Young asked if it would be possible in the approval of the proposed ordinance to omit that portion. He stated that he felt it should not be part of the amendments. Finance Director Williamson replied that the motion could be made to omit that portion of the proposed ordinance. City Manager Manson reported that recently staff had addressed this very issue regarding service outside the incorporated city limits; our current ordinances and codes are very ambiguous the way they are written. It is clean when going from the platting stage, but otherwise not very clear. We probably need to tighten it up. She stated that at this point it might be best to omit the language; in the future City Council can approve a policy, if they wish. Councilman Porter asked what the procedures were to obtain the over 65 discount. Finance Director Williamson explained that a listing was received from the County Appraisal Districts which denoted all over 65 exemptions. He reported that this list will be downloaded into the utility files to insure those persons receive the over 65 discount. In addition anyone turning 65 can stop by the office and file for the discount; the department will verify with the appraisal district. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2008-20, omitting: "including residential customers located outside the corporate limits of the City of Wylie, Texas; located in ,$ 1.03 Sewage collection and treatment rates,(a); and amending Ordinance No. 98-16 (Consolidated Fees and Charges/Fees schedule), Section 1.00 (Water and Sewer Rates and Fees), Subsection 1.03 (Sewage Collection and Treatment Rates); amending Chapter 114 (Utilities) Code of Ordinance of the City of Wylie to create a "Repair and Replacement Fund" for sewer projects; providing for repealing, savings and severability clauses; providing for publication of the caption hereof; and providing for an effective date of May 1, 2008 for this ordinance. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. Minutes—April 8, 2008 Wylie City Council Page 5 4. Consider, and act upon, authorizing the City Manager to execute a proposal, in an amount not to exceed $18,510, from Railroad Controls Limited for Quiet Zone Implementation. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on March 25, 2008, Railroad Controls Limited (RCL) presented a Quiet Zone Evaluation report. The report identified improvements necessary at all thirteen crossings in the City of Wylie to establish quiet zones. The projected cost of the improvements is $234,950 assuming the railroad upgrades the crossing at FM 1378 to constant warning time circuitry in the next twelve months. The scope of work identified in the proposal includes project management, diagnostic team review; grade crossing inventory forms, quiet zone submittals, and design services. Council Discussion Councilman Goss asked City Engineer Hoisted if the difference between the budgeted $40,000 (engineering budget) and the projected cost of$234,950 was budgeted in the current budget; should the improvements be completed this year. Mr. Hoisted replied that the $40,000 was within his budget. If the improvements were completed before the end of this fiscal year, which is doubtful, the funds would have to come from another source. City Manager Manson reported that she did not believe the project could be completed this year but in either case the additional funding would either be approved by a budget amendment or included in the next fiscal year budget. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman White to authorize the City Manager to execute a proposal, in an amount not to exceed $18,510, from Railroad Controls Limited for Quiet Zone Implementation. A vote was taken and passed 5-1 with Mayor Mondy, Councilwoman Spillyards, Councilman Young, Councilman White and Councilman Porter voting for approval and Councilman Goss voting against. Mayor Pro Tern Byboth was absent. Mayor Mondy recessed into Executive Session at 6:30 p.m. stating the exception below: EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§551.072 to deliberate the purchase, exchange, lease or value of real property generally located at: • Purchase of land located south of and adjacent to Olde City Park Mayor Mondy reconvened into Regular Session at 6:43 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. 5. Consider, and act upon, Ordinance No. 2008-21 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of $715,000 for the Park Acquisition and Improvement Fund for the Olde City Park Land Acquisition and Improvement Project; add $330,000 to the Park Acquisition Minutes—April 8, 2008 Wylie City Council Page 6 and Improvement Fund revenues to reflect reimbursements made by Collin County; authorize the City Manager to use funds collected in the East and West zones in the Central Zone for the Olde City Park Land Acquisition and Improvement Project, requiring those funds to be reimbursed when additional revenues are available in the Central zone; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that in previous Council action occurring on June 26, 2007, Council approved Resolution 2007-17(R) authorizing submittal of a grant application to Collin County for Olde City Park Land Acquisition and Improvements project. The City was awarded $330,000 in matching funds from the County, and on November 13, 2007, the Council passed Resolution 2007-37(R) approving an interlocal agreement with Collin County to proceed with the project. By acquisition of three parcels of land, two owned by Kansas City Southern Railroad (KCS), and one owned by the County, this project will enlarge the existing Olde City Park. Other improvements include the installation of underground drainage, a 25 space lighted parking lot, restrooms, concrete sidewalks, landscaping, irrigation, benches, tables, etc. Mr. Sferra reported at the March 24, 2008 Park Board meeting, the Board recommended that funds in the East and West zones be combined for the special purpose of the Olde City Park Land Acquisition and Improvement project. They also recommended that the East and West zones be reimbursed upon receipt of additional revenues in the Central zone. Mayor Mondy asked Public Services Director Sferra when those funds could be repaid to the East and West zones. Mr. Sferra stated that the Alanis Crossing development, a subdivision located in the Central zone, is required to pay approximately $300,000 in parkland fees when development begins. When this revenue is received, it would be sufficient to reimburse the East and West zones. City Manager Manson reported that as part of the Parks Master Plan, emphasis was placed on the acquisition of land and she believed this purchase was in line with that focus. The funds remain unused until such time as improvements are required. She stated that she saw no negative side to utilizing the funds to purchase land for the Central zone. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Ordinance No. 2008-21 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of $715,000 for the Park Acquisition and Improvement Fund for the Olde City Park Land Acquisition and Improvement Project; add $330,000 to the Park Acquisition and Improvement Fund revenues to reflect reimbursements made by Collin County; authorize the City Manager to use funds collected in the East and West zones in the Central Zone for the Olde City Park Land Acquisition and Improvement Project, requiring those funds to be reimbursed when additional revenues are available in the Central zone; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. 6. Consider, and act upon, authorizing the City Manager to enter into a Contract for Sale of Real Estate with Kansas City Southern Railway Company to purchase property located at Tara Selene Caldwell Addition, Block 1, Lot 1, Collin County, Texas, and .2447± acres of the adjacent Railroad Right-of-Way, S. B. Shelby Survey, Abstract 820, Collin County, Texas, and further authorizing the City Manager to execute any and all necessary documents necessary for the purchase of said property. (M. Sferra, Public Services Director) Minutes—April 8, 2008 Wylie City Council Page 7 Staff Comments Public Services Director Sferra addressed Council stating that In previous Council action occurring on June 26, 2007, Council approved Resolution 2007-17(R) authorizing submittal of a grant application to Collin County for Olde City Park Land Acquisition and Improvements project. The City was awarded $330,000 in matching funds from the County, and on November 13, 2007, the Council passed Resolution 2007-37(R) approving an interlocal agreement with Collin County to proceed with the project. Council Action A motion was made by Councilman White, seconded by Councilman Porter to authorize the City Manager to enter into a Contract for Sale of Real Estate with Kansas City Southern Railway Company to purchase property located at Tara Selene Caldwell Addition, Block 1, Lot 1, Collin County, Texas, and .2447± acres of the adjacent Railroad Right-of-Way, S. B. Shelby Survey, Abstract 820, Collin County, Texas, and further authorizing the City Manager to execute any and all necessary documents necessary for the purchase of said property. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. 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 Ordinances 2008-18, 2008-19, 2008-20, and 2008- 21, including effective dates, into the official record. PRESENTATION • Presentation for professional services related to the City of Wylie Parks, Recreation and Open Space Master Plan. (M. Sferra, Public Services Director/Halff Associates, Inc./Schrickel, Rollins and Associates Inc.) Schrickel Rollins and Associates, Inc. gave a presentation to Council regarding proposal for a Parks and Recreation Master Plan for the City of Wylie. Schrickel Rollins and Associates Principal Victor Baxter addressed Council stating that Schrickel Rollins and Assoc. has been in business for over 50 years. In the 1960 the firm began to focus on the planning and design of parks and have been very active in that endeavor ever since. He introduced two of the key members of the firm: Linda Jordan, Project Manager for the project and Susan Sweep, Project Coordinator. Linda Jordan, Project Manager displayed designs of unique arbors, bridges, arch gates and other enhancements that can be provided to a park design to create a unique design for the City of Wylie. Other items included in the presentation were the firm's qualifications to create the Parks, Recreation and Open Space Master Plan and examples of designs the firm had created for other cities. Firm members also spoke about their ideas for the master plan within the City of Wylie including topography, links to the community, green areas and design designations to existing parks, lake area parks, and the Wells Property. Mr. Baxter commented that the City Minutes—April 8, 2008 Wylie City Council Page 8 was fortunate to have such a unique piece of property with the Wells property and the firm looked forward to working with the City to create this master plan. Halff Associates, Inc. gave a presentation to Council regarding proposal for a Parks and Recreation Master Plan for the City of Wylie. Jim Carrillo, (Park Planning and Programming Oversite for the project) addressed Council stating that the firm was excited to present their proposal. He introduced other key staff for the proposed project team: Lenny Hughes, Trails, Greenway and Open Space Planner, and Francois de Kock Project Manager. He reported that the firm had provided the master planning for the City of Wylie's Founders Park as well as many other Texas projects. Mr. Carrillo explained some of the procedures included in the process to provide the Parks and Recreation Master Plan. They included: setting one vision for the plan, getting input from citizens and emphasizing their input into the plan, public participation and fact gathering, Market assessment, applicable grants when available, and create a plan that sets Wylie apart from other nearby communities. The presenters showed concepts of current areas and designs to enhance the areas specifically in and around existing parks. Mr. Carrillo concluded by stating that Halff Associates, Inc. was looking forward to working with the City of Wylie. Both firms envisioned the Wells Property as a "Central Park". REGULAR AGENDA 7. Consider, and act upon, selection of the top and second ranked firms, and authorizing the City Manager to negotiate a Professional Services Contract beginning with the top ranked firm for the City of Wylie Parks and Recreation Open Space Master Plan. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council requesting the City Council to select a firm, from the two finalists; then the City Manager will initiate negotiations relative to scope, services, and fee and payment schedules with the top ranked firm. He explained that if a tentative agreement is reached, then the City Manger will return with a contract for City Council consideration and possible action. If a tentative agreement cannot be reached with the top ranked firm, then negotiations will begin with the second ranked firm, until a tentative agreement can be reached and a contract can be brought to the City Council. He reported that reference checks had been completed for both firms and staff had scored the firms on the references and interview/presentations. He reported that both firms received very high scores. He reported that staff would be happy to work with either firm selected by Council. Council Discussion Councilman Young commented that he would like to state that he was very pleased with the design work that Halff had performed for the City in the past. He commented that if Halff was the firm chosen by Council, he would like to see performance requirements with penalties if the requirements were not met timely. He further stated that he also liked the presentation given by Schrickel, Rollins and Associates because they had not worked for the City and did not have the information for their presentation to insert all the bells and whistles, but did a great job. Councilman Goss stated that he liked SRA as they thought outside the box and had additional ideas outside what was required in the RFQ. He stated that Schrickel, Rollins and Associates suggested park development along the lake which is a great project to work Minutes—April 8, 2008 Wylie City Council Page 9 towards, in my opinion. He also commented that Half had worked with the City in the past and it might be time to bring in new ideas. Councilman Young asked if Half was working on the Founder's Park Project. City Manager Manson reported that was correct and they were also working on some civil engineering work as well. Councilman Young stated that maybe it was best then to stay with that firm. Council Action A motion was made by Councilman Porter, seconded by Councilman White to authorize the City Manager to negotiate a Professional Services Contract beginning with Halff and Associates for the City of Wylie Parks and Recreation Open Space Master Plan. A vote was taken and passed 5-1 with Mayor Mondy, Councilwoman Spillyards, Councilman Young, Councilman White and Councilman Porter voting for and Councilman Goss voting against. Mayor Pro Tem Byboth was absent. ADJOURNMENT A motion was made by Councilman Porter, seconded by Councilman Goss to adjourn the meeting at 8:40 p.m. Consensus of Council was to adjourn. /f/6 ohn Mondy, Mayor ``�\111I'll,,,' ATTEST: ,NN`y QF L� 4'yC�,� Vim;• '•�f�s 't f= SEAL • s • j Ca le Ehrlich, C' y Secretary ���� E ``� Minutes—April 8, 2008 Wylie City Council Page 10