01-11-2005 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, January 11, 2005 — 6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
CALL T+( ORDE
Mayor John Mondy called the meeting to order at 6:03 p.m. Council Members present were: Mayor Pro
Tern Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom,
Councilman Merrill Young, and Councilman J. C. Worley.
Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer,
Chris Hoisted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison;
Police Chief, Jeff Butters; Public Services Director, Mike Sferra; Library Director, Mignon Morse; Public
Information Officer, Mark Witter, and City Secretary, Carole Ehrlich.
INVOCATION &PLEDG OAF, LLEGiA C
Mayor Pro Tern Hogue gave the invocation and Councilman Trout led the Pledge of Allegiance.
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P OCLAxi ATIONS:& l ' ENTATION
• Presentation to Star Students for the character trait of"Caring". (Mayor Mondy and Mayor Pro
Tem Hogue)
Mayor Mondy and Mayor Pro Tem Hogue presented Certificates to students nominated for the character
trait of"Caring".
�JITIZEN�P.AR�'f�I7�AT��DP�1 :'
Rita Smith, residing at 401 N. Ballard, Wylie, Texas addressed Council stating she was very pleased
with the improvements to the Rita & Truett Smith Library that were completed in 1997. She also
complemented the staff at the Library. She asked Council to consider the approval of a new and larger
library for Wylie due to the growing population.
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and
A. Approval of the Minutes from the regular City Council Meeting of December 14, 2004 and the
Special Called Work Session of December 16, 2004.
(C Ehrlich, City Secretary)
Minutes—January 11,2005
Wylie City Council
Page 1
B. Consider and act upon approval of Resolution #2005-01(R) of the City Council of the City of
Wylie, Texas 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 a Resolution authorizing the City Manager to execute a contract with
Birkhoff, Hendricks & Conway, L.L.P. for an amount not to exceed $10,800 for Engineering
Services for design and construction of two pedestrian bridges in Sage Creek North Park and
authorizing the use of funds in the West Zone of the Park Acquisition and Improvement Fund for
construction of the project. (M. Sferra,Public Services Director)
D. Consider and act upon approval of a Preliminary Plat for the Ambers Cove Addition. (C.
Thompson,Planning&Zoning Director)
E. Consider and act upon awarding a contract in the amount of$32,765.00 to Classic Gardens for the
installation of trees in Cimarron Estates Park, Sage Creek North Park and Highway 78 median.
(M. Sferra,Public Services Director)
F. Consider and act upon awarding a contract to Southwest Parks & Playgrounds in the amount of
$43,142.95 for the purchase of playground equipment for Olde City Park and Cimarron Estates
Park. (Al. Sferra,Public Services Director)
G. Consider and act upon an ordinance amending Ordinances 92-6, 96-14, and 96-22 (Pretreatment
Program). (M. Sferra,Public Services Director)
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve the
Consent Agenda as presented. A vote was taken and passed 7-0.
DIVID L D TI...
1. Discussion and consideration of all matters incident and related to the issuance and sale of"City
of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005",
including the adoption of the ordinance authorizing the issuance of such obligations.
(M. Manson,Asst. City Manager)
Staff Comments
Ms. Manson addressed Council stating that Article VII Section 8 of the City Charter establishes the City's right and
power to borrow, with Section 8.D. further specifying the option of the issuance of Certificates of Obligation. A
Notice of Intent was published in the Wylie News on December 22°d and December 29th setting out the City's intent to
issue $6.35 million in Certificates of Obligation for the purpose of purchasing 253 acres. The proposed use of the
property includes recreation facilities,and a municipal government complex. Per the contract with the Trust for Public
Land,the closing on the land is to take place prior to January 31st.
Minutes—January 11,2005
Wylie City Council
Page 2
Council Action
A motion was made by Councilman Worley, seconded by Councilman Young to move to adopt
Ordinance #2005-02 authorizing the issuance of"City of Wylie, Texas, Combination Tax and Revenue
Certificates of Obligation, Series 2005: in the aggregate principal amount of$6,225,000; approving and
authorizing the execution of a Paying agent/Registrar Agreement and a Purchase Contract and the
approval and distribution of an Official Statement. A vote was taken and passed 7-0, with Mayor
Mondy, Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Trout, Councilman Young,
Councilman Worley, and Councilman Newsom voting for and none against.
2. Discussion and consideration of all matters incident and related to the issuance and sale of"City
of Wylie, Texas, General Obligation Refunding • and Improvement Bonds, Series 2005",
including the adoption of an ordinance authorizing the issuance of such bonds and providing for
the redemption of the obligations being refunded. (M.Manson,Asst. City Manager)
Staff Comments
Ms. Manson addressed Council stating that the proposed ordinance accomplishes two purposes. The first is to issue
the balance of the bond funds from the 1999 Bond Election in the amount of$5,740,000, and the second is to refund
two outstanding debt issues that will result in debt service savings to the City of$280,000. The savings will be spread
out over the life of the new issue.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Trout to move to adopt Ordinance
#2005-03 authorizing the issuance of "City of Wylie, Texas, General Obligation Refunding and
Improvement Bonds, Series 2005" in the aggregate principal amount of $10,320,000; providing for the
redemption of the obligations being refunded and approving and authorizing the execution of a Paying
Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official
Statement. A vote was taken and passed 7-0, with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman
Allen, Councilman Trout, Councilman Young, Councilman Worley, and Councilman Newsom voting for
and none against.
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RECESS CIT3 C ENCIL
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Mayor Mondy recessed the City Council Meeting at 6:25 p.m.
Mayor Mondy called the Parks & Recreation Facilities Development Corporation Board Meeting to order at
6:26 p.m. Board members present were: Mayor Mondy, Mayor Pro Tern Hogue, Councilman Trout,
Councilman Worley, Board Member Ann Hiney, and Board Member Shirley Burnett. Board Member Dan
Chestnut was absent.
Minutes—January 11,2005
Wylie City Council
Page 3
1A. Discussion and consideration of a Resolution authorizing the Wylie Park and Recreation Facilities
Development Corporation to enter into a Project Contract with the City of Wylie, Texas and
resolving other matters incident and related thereto. (M. Manson,Asst. City Manager)
Staff Comments
Ms. Manson addressed the 4B Board stating that the adoption of the ordinance authorizing the issuance of Certificates
of Obligation (COs) has been approved by Council tonight. While the legal pledge is a combination of taxes and a
limited pledge of water and sewer revenues, the City is not precluded from using otherwise lawfully and
unencumbered funds such as those moneys received from the 4B Corporation to pay the debt. She explained that the
proposed contract between the City of Wylie and the 4B Board addressed those issues.
Board Action
A motion was made by Councilman Trout, seconded by Councilman Worley to approve Resolution
#2005-0 1A authorizing the Wylie Park and Recreation Facilities Development Corporation to enter into
a Project Contract with the City of Wylie, Texas and resolving other matters incident and related
thereto. A vote was taken and passed 6-0 with Mayor Mondy, Mayor Pro Tem Hogue, Councilman
Trout and Councilman Worley, Board Member Hiney and Board Member Burnett voting for and none
against with Board Member Chestnut absent.
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3. Discussion and consideration of a Resolution authorizing the City of Wylie, Texas to enter into a
Project Contract with the Wylie Park and Recreation Facilities Development Corporation and
resolving other matters incident and related thereto. (M. Manson,Asst. City Manager)
Staff Comments
Ms. Manson addressed Council stating that the adoption of the ordinance authorizing the issuance of Certificates of
Obligation (COs) has been approved this evening. While the legal pledge is a combination of taxes and a limited
pledge of water and sewer revenues, the City is not precluded from using otherwise lawfully and unencumbered funds
such as those moneys received from the 4B Corporation to pay the debt. She explained that the proposed contract
between the City of Wylie and the 4B Board addressing those issues.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve Resolution
#2005-03(R) authorizing the City of Wylie, Texas to enter into a Project Contract with the Wylie Park
and Recreation Facilities Development Corporation and resolving other matters incident and related
thereto. A vote was taken and passed 7-0 with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman
Allen, Councilman Trout, Councilman Worley, Councilman Young, and Councilman Newsom voting
for and none against.
Minutes—January 11,2005
Wylie City Council
Page 4
4. Consider and act upon accepting the resignation of Christine Mitchell and approval of a new
Animal Shelter Advisory Board Member to fill the unexpired term. (J. Butters,Police Chief)
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to accept the resignation
of Christine Mitchell from the Animal Shelter Advisory Board and appoint Katie Munson to fill the
unexpired term of July, 2004 to July, 2006. A vote was taken and passed 7-0.
5. Consider and act upon appointment of a new member of the Planning and Zoning Commission
to replace Mike Phillips for the unexpired term of July, 2004 to July, 2006. (C. Thompson,
Planning&Zoning Director)
Council Action
A motion was made by Mayor Pro Hogue, seconded by Councilman Worley to accept the resignation of
Mike Phillips from the Planning and Zoning Commission and appoint Eric Alexander currently on the
ZBOA Board to fill the unexpired term of July, 2004 to July, 2006. A vote was taken and passed 7-0.
6. Consider and act upon appointment of a new member of the Zoning Board of Adjustment to
replace Wayne ,Morman for the unexpired term of July, 2004 to July, 2006 (C. Thompson,
Planning&Zoning Director)
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to accept the resignation
of Dwayne Mormon from the Zoning Board of Adjustment and appoint Mitch Herzog to fill the unexpired
term of Wayne Morman from July, 2004 to July, 2006 and appoint Jeff Ellis to fill the vacancy left by the
appointment of Eric Alexander to the Planning and Zoning Commission. A vote was taken and passed 7-0.
7. Consider and act upon a request to waive the residential alley requirement of the Subdivision
Regulations for the Birmingham Ranch Tract. (C. Thompson,Planning&Zoning Director)
Staff Comments
Mr. Thompson addressed Council stating that Section 3.2.B of the Subdivision Regulations states that"alleys shall be
required in all residential districts... the City Council may waive this alley requirement". The subject property totals
16 acres and is long and narrow. The property is zoned SF-10, and the applicant anticipates creating 53 lots in excess
of 10,000 square feet each. Abutting existing residential development does not have alleys and undeveloped property
is not likely to have alleys. Alleys serve limited functions on such large lots,as all urban functions (vehicular access,
drainage, utilities) are accommodated by other methods. Elimination of alleys increases the number of lots and
potential property tax revenue to the City and eliminates the cost to the City for maintenance.
Developer/Council Comments
Randy Potts representing Harvest Real Estate Companies, 17480 Dallas Parkway, Dallas, TX. addressed Council
stating that Harvest Real Estate has the 16 acre piece of property under contract purchased from the Birmingham
Trust. His company proposes 53 lots and has met with staff to submit a plan showing the layout. He stated that staff
has approved this plan. He went on to explain that all fronts would have a swing"J" garage entrance to enhance the
Minutes—January 11,2005
Wylie City Council
Page 5
property if the alley waiver was approved by Council. Councilman Trout asked if 90%or 100%would be"J" drives.
Mr.Potts replied that they would be willing to provide 100%with"J" drives.Mr.Potts addressed the reasoning behind
the alley illumination. He stated that trash pickup,because of the adjoining properties would more than likely be front
pickup only. He also stated that alley maintenance and repair to the City would be non existent if the alley waiver was
approved. He also commented that the homes would be on large lots and would not attract the issue of cars parking on
the street. He explained that yes, there would be some cars, but with the"J" drives, most owners would park on the
drive rather than the street.
Bill Wade representing Colonnade Homes addressed Council stating that the plans called for lots 10,000 to 14,000 sq.
ft. with 5 ft. sidewalks and higher 6-12 roofs and 70% brick on the homes. Councilman Trout asked if the homes
should be 100%brick. Mr. Thompson confirmed that in SF10 it was 100%masonry required. Councilman Newsom
asked why this waiver was coming back a third time. Mr. Thompson replied that the first two were without
representation by the developer thus it was back so the applicant could explain the need for the waiver. Mayor Mondy
asked if the street could be a little wider. Mr.Potts replied that from a history side, the streets proposed were already 4
feet wider. Mayor Mondy commented that there were security issues to address with alleys. He stated that crime was
less in areas without alleys. Councilman Trout stated that he thought staff should look at alley waivers and requiring
"J" drives. He stated that he had no problem with the alley waiver if it included the"J' drives but felt the Planning&
Zoning Commission along with staff should look at the point system and come up with a definitive answer to
requirements for alley waivers. Mayor Mondy asked Mr. Wade what size and price homes were proposed for this area.
Mr. Wade replied that the homes would start at 1,900 sq. ft and go up to 3,000 sq. ft. The price range would be
between $150,000 and $200,000. Mr. Trout asked if the Model Home could be built at 2,400 sq. ft. to attract higher
end homes. Mr. Wade stated that he promised to build the Model Home at 2,400 sq. ft.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Young to approve a request to waive
the residential alley requirement of the Subdivision Regulations for the Birmingham Ranch Tract. A vote
was taken and passed 7-0.
8. Consider and act upon a request to waive the residential alley requirement of the Subdivision
Regulations for the Collins Tract. (C. Thompson,Planning&Zoning Director)
Staff Comments
Mr. Thompson addressed Council stating that Section 3.2.B of the Subdivision Regulations states that"alleys shall be
required in all residential districts... the City Council may waive this alley requirement". The subject property is long
and narrow, and totals 34 acres. The property is currently zoned Agriculture (A) as a holding zone until appropriate
urban uses are approved. The applicant desires to rezone the property and to submit a preliminary plat creating 54 lots
in excess of 20,000 square feet each. The subject property is bounded on three sides by existing large-lot subdivisions
which do not provide alleys. Mr. Thompson explained that alleys serve limited functions on such large lots, as all
urban functions (vehicular access, drainage, utilities) are accommodated by other methods. Elimination of alleys
increases the number of lots and potential property tax revenue to the City and eliminates the cost to the City for
maintenance.
Developer/Council Comments
Mr. Rob Adams representing developer of the property addressed Council stating that an alley waiver was requested
due to the large lots and homes proposed for the development. Mayor Mondy asked Mr. Adams what the price range
of homes would be on these 54 lots. Mr. Adams replied that the homes would range from $250,000 and go upward.
Most homes will be low end 2,500 sq. ft., with an average size home in the 3,000 sq. ft range. The lots are 'h acre and
will have"J" swing drives.
Minutes—January 11,2005
Wylie City Council
Page 6
Council Action
A motion was made by Councilman Worley, seconded by Councilman Young to approve a request to waive
the residential alley requirement of the Subdivision Regulations for the Collins Tract. A vote was taken and
passed 7-0.
9. Consider and act upon a request to waive the minimum acreage requirement of the Zoning
Ordinance in order to permit submittal of an application for a Planned Development District.
(C. Thompson,Planning and Zoning Director)
Staff Comments
Mr. Thompson addressed Council stating that Section 6.B.2.b of the Zoning Ordinance states that "residential PD
Districts shall be a minimum of 5 acres. However, the Council may waive this minimum area requirement. The
subject property totals 4.54 acres. The applicant has indicated a desire to submit for a Planned Development zoning,
in order to develop Townhouse residents on the property,although other development schemes may be feasible for the
tract. Approval of this waiver has no relationship to the justification of any future PD request.
The property is zoned Agriculture (A) as a holding district until appropriate urban uses are determined, and it has
never been platted. Abutting properties to the north and west are platted and developed as private single-family
residential lots of 7,200 sq. ft. Properties to the east across Thomas Street are zoned SF 8.5 Residential, but have
never been platted, and are the remaining remnant of the original single-ownership homestead. The City Library and
park are to the south across Pirate Drive.
Developer/Council Comments
Mr. Dan Majors residing at 6750 Grinnage Lane, Dallas, Texas representing McQuinn Properties who is wishing to
purchase the property addressed Council stating that he did not have a definite idea of what type of development his
company would propose to build. He explained that he was asking for the waiver so the company had more options
with the PD inclusion. Mayor Mondy commented that he felt by the communiqué that Town Homes were a
possibility. Mr.Thompson explained that at time of zoning,the property owners within 200 feet would be notified and
a public hearing would take place. At that time determination could be made as to type of development and considered
by Council. Mayor Mondy commented that Council as a whole was not in favor of Town Homes in this area and
advised Mr.Majors to keep this in mind when approaching Council with the Zoning Case.
Council Action
A motion was made by Councilman Worley seconded by Councilman Trout to approve a request to waive
the minimum acreage requirement of the Zoning Ordinance in order to permit submittal of an application
for a Planned Development District. A vote was taken and passed 4-3 with Mayor Mondy, Councilwoman
Allen, Councilman Worley, and Councilman Trout voting for and Mayor Pro Tern Hogue, Councilman
Newsom, and Councilman Young voting against.
Public Hearing
10. Hold a public hearing and an ordinance of the city of Wylie, Texas, amending the
Comprehensive Zoning Ordinance of the city of Wylie to provide a definition and regulation of
the location of body piercing and tattooing establishments; providing for the repeal of all
ordinances in conflict; providing a severability clause; and providing for an effective date.
(C. Thompson,Planning&Zoning Director)
Minutes—January 11,2005
Wylie City Council
Page 7
Staff Comments
Mr. Thompson addressed Council stating that the City of Wylie has not previously regulated body art, such as body
piercing or permanent body tattooing. Although not specifically mentioned in the Zoning Ordinance, staff currently
defines body piercing and tattooing with other Personal Services, which are allowed within all commercial zoning
districts including Neighborhood Services (NS), Community Retail (CR), Business Center (BC), and Corridor
Commercial (CC), as well as the Downtown Historic District (DTH). This amendment will specifically define
permanent body art as piercing and tattooing,and will limit the location of establishments which offer such services to
the Industrial(I)District.
Council Comments
Councilman Worley asked Mr. Thompson if the City Attorney had reviewed this Ordinance. Mr. Thompson replied
that yes they had. Councilman Young expressed his concern not to over govern the City of Wylie.
Public Hearing
Mayor Mondv opened the public hearing at 7:45 p.m. asking anyone present wishing to speak to come
forward, give their name and address and limit their comments to 3 minutes.
With no one present to address Council, Mayor Mondy closed the public hearing at 7:45 p.m.
Council Action
A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve Ordinance
#2005-04 amending the Comprehensive Zoning Ordinance of the City of Wylie to provide a definition and
regulation of the location of body piercing and tattooing establishments; providing for the repeal of all
ordinances in conflict providing a severability clause; and providing for an effective date. A vote was taken
and passed 6-1 with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Trout,
Councilman Worley, and Councilman Newsom voting for and Councilman Young voting against.
READINGOF OWANANCES TITLE & CA T ION APPROVED BY COUNCIL AS REQUIRED'
BY YL `I Y C TER ARTI E I II.:SECTION I�D . .
City Secretary Carole Ehrlich read the caption to Ordinances #2005-01, 2005-02, 2005-03 and 2005-04
into the official record.
AI JOHRN NT
With no further business before Council, Mayor Pro Tern Hogue made a motion to adjourn at 7:55 p.m.
Councilman Newsom made the second. A vote was taken and passed 7-0.
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Minutes—January 11,2005
Wylie City Council
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