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04-12-2005 (City Council) Minutes MINUTES Wylie City Council Tuesday, April 12, 2005 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North CALL TO O ER:::s. Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, Councilman J. C. Worley, and Councilwoman Reta Allen. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Holsted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison; Support Services Director, Mike Sferra; Fire Chief, Shan English; Park Superintendent Bill Nelson; Human Resource Manager, Lynn Fagerstrom, and City Secretary, Carole Ehrlich. IN O A">I N c&:PLEDG OF A ;LEGIANC . Reverend Chris Robeson of the Woodbridge Community Church gave the invocation and Councilman Trout led the Pledge of Allegiance. ITIZENS PARTIcIPA` SON Eric Beckerwerth residing at 3404 Ahelia, Wylie Texas addressed Council stating that the meeting held at the Collin County Courthouse, Commissioners Court regarding the application for tax credits by the NuRock Development West to construct apartments at McMillen in Wylie. He stated that he wished the City Council would have attended the meeting in support of the citizens.The Mayor responded that due to pending litigation,the Council has been advised not to comment on this issue. Eric Alexander residing at 419 N. Gaston, Wylie, Texas addressed Council stating that he was in attendance this evening representing the Blackland Prairie Foundation and was requesting that Council approve Item#5 which includes the budget amendment in the amount of$14,000 to construct a temporary gravel road going into Pirate Cove Playground to prevent damage to the road in the event of rain. Mr. Alexander explained that this temporary road would not need to be constructed, as all of the equipment had been delivered without any rain fall,but added that he would like to see the money allocated for this road be used toward the approximate$30,000. shortage left to pay for the playground.He explained that the foundation would continue to have fund raising events to account for the shortage, but felt the budget allocation would be a needed donation. He also explained that the foundation was willing to pay the money back to the City. He also stated that once the playground was completed, it would be given to the City and would be valued at somewhere between $250,000. and $375,000. Minutes—April 12,2005 Wylie City Council Page 1 d..:.. . . .o . a:; ..:: . ;...:::.;. ;.::. ;: . ; .:.;:: .::. . :b: i�.> i'..;:.Sian:€��:: ;�: ::t��:ezia�t :::..::::;ox�e under..the.:Cout.:A �c�a.axee©x�s��r�d:fi�:.b�rc��.�.:::.3': �::::::.,:<.;:.:<.:>:.;::::::::::::::::::::::.:.::::::::::.::::.;: :.;:.;:.::.:. g................:.:.:.:::._:::::::::.:::::::::::::::...................::....::::::.:::::::::::.:::::..:......................::.::::::.::::::::::::::::. .......... .... ;;;.;>:.: :: .. .:;. .>: . ;.. elan::ul>:tl►ese::xtenus»::If::d�scuss��::: ::d�sxx .;1�tt:�t .<�vz(�: :;xevy �:;;;# ��:Cat[SCIL£::.::...'.:.::d:'Itif�:�i?i�: :t.�0�151Pe���3::::::::::..3`::::::::::::::::::::::::::::::::::::::::::.......................................................:...............................................::...... A. Approval of the Minutes from the regular City Council Meeting of March 22, 2005 and Special Called Meeting of March 29, 2005. (C. Ehrlich, City Secretary) B. Consider and Place on File Comcast 2005 FCC Forms 1240 and 1205. (M.Roath, City Manager) C. Consider, Approve and Place on File the 2005 Public Utilities Commission of Texas Adjustment to Municipal Telecommunications Right-of-Way Access Line Rates for Wylie, Texas. (M. Roath, City Manager) D. Consider and act upon approval of an Ordinance amending the Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards and Standard Construction Details. C.Hoisted,Engineering) E. Consider and act upon authorizing the Mayor to execute a Letter Agreement, in the amount of $105,900.00, with the Hogan Corporation for engineering services for the Twin Lake Outfall Sewer. (C.Hoisted, City Engineer) F. Consider and act upon authorizing the Mayor to execute an amendment to Work Order No.Wyl-32, in the amount of $14,800.00, to add the design of a 16-inch water line to the Ballard Avenue Paving Project. (C. Hoisted, City Engineer) G. Consider and act upon authorizing the Mayor to execute a contract with A New Deal Irrigation, Inc. , in the amount of $51,200.00, for irrigation systems in Sage Creek North Park (Riverway Park) and Cimarron Estates Park(Eureka Park). (J. Holcomb,Purchasing/R.Diaz,Asst. Superintendent,Parks) H. Consider and act upon authorizing the Mayor to execute a contract, in an amount not to exceed $3,000.00, with Kleinfelder for geotechnical engineering services related to the construction of two pedestrian bridges in Riverway Park. (M. Sferra,Public Services Director) I. Consider and act upon a Preliminary Plat for the Cooper Retail Addition. (C. Thompson,Planning and Zoning Director) J. Consider and act upon a Re-plat for Lot #6 of the Regency Business Park Addition, Phase Two. (C. Thompson,Planning and Zoning Director) K. Consider and act upon a Final Plat for the Ambers Cove Addition. (C. Thompson,Planning and Zoning Director) L. Consider and act upon authorizing the purchase of a Wireless Network Comtex, in the amount of $83,859.00, using funds received through a Homeland Security Grant in the amount of$83,859.00. (S. _,,, English, Fire Chief) Minutes—April 12,2005 Wylie City Council Page 2 Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve the Consent Agenda as presented. A vote was taken and passed 7-0. I. DIVIMAL C4.N OtaA. . ................................. .... .... PUBLIC HEARINGS 1. Hold a Public Hearing and act upon a change of zoning from Agriculture (A) to Single Family Residential (SF-10/19) District. (Zoning Case No. 2005-06) (C. Thompson, Planning and Zoning Director) Staff Discussion Planning and Zoning Director Thompson addressed Council stating that this property totals 63.76 acres and abuts 8,500 sq.ft. lots of the Cimarron Estates on its west and unincorporated rural acreage development to its north, east and south. The proposal is for 10,000 sq. ft. lots, complying with the standard regulations of the Zoning Ordinance. The request complies with the recommendations of the Comprehensive Plan for Suburban Residential, and P&Z recommends approval. He explained that this location was proposed for a WISD High School and that WISD has closed on this property. 191 written comments were received favoring the request, and the affirmative vote of a simple majority of the Council is required for approval. Council Discussion Mayor Mondy asked Mr. Thompson if WISD did not follow through with the planned high school could the Council take action tonight regarding the zoning issue and larger lot size. Mr. Thompson replied that the Council could zone this property any way the Council liked as long as it was less intensive without further notification, or the Council could deny. Mayor Mondy stated that he would like to see the property zoned 2 acre parcels, which in the event the school did not build on the property, future developers would have to build according to that zoning requirement, or come back to Council for a zoning change. Councilman Newsom asked if the school could build without changing the zoning from Agriculture (denying the action). Mr. Thompson replied that yes they could. The State of Texas allows school districts to build under any zoning requirement and the only way to disallow would be for the City to purchase the property. Public Hearing Mayor Mondy opened the Public Hearing at 6:25 p.m. Diane Culver residing at 2918 Jamestown Dr., Wylie, Texas addressed council requesting that the property be rezoned for 2 acre lots with larger homes in the event WISD choose not to build on this property or if property was left to sell by WISD. With no further comments,Mayor Mondv closed the Public Hearing at 6:27 p.m. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve a change in zoning from Agriculture (A)to lots with minimum lot size of 2 acres and homes with a minimum of 3,000 sq. ft. A vote was taken and passed 7-0. Action to Reconsider A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to reconsider Item #1 due to zoning requirements. A vote was taken and passed 7-0. Minutes—April 12,2005 Wylie City Council Page 3 Staff Comments Assistant City Manager Ms. Manson addressed Council explaining that within the zoning district that allows for the 2 acre lots, the minimum structure size the City can enforce is 2,800 sq. ft. and not the 3,000 sq. ft. made in the original motion. Final Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve a zoning change from Agriculture (A) to Agricultural (AG/28) District with minimum lot size of 2 acres and minimum house size of 2,800 sq. ft. (to stay within the zoning requirements) A vote was taken and passed 7-0. (Ordinance#2005-15) 2. Hold a Public Hearing and act upon a change of zoning from Corridor Commercial (CC) to Planned Development (PD) District for commercial uses and to allow coordinated signage. (Zoning Case No.2005-07) (C. Thompson,Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the reconfiguration of the lot pattern and extension of Cooper Drive to SH 78 (preliminary plat on the current Consent agenda), creates a 4-lot complex on this property already zoned to allow commercial uses. The PD will provide a coordinated and shared sign program for all lots which is not allowed by the current Sign Regulations. The initial development is the Baylor Health clinic,the visibility of which from SH 78 will be impaired without this sign plan. The request complies with the recommendations of the Comprehensive Plan,and P&Z recommend approval. One written comment was received favoring the request, and the affirmative vote of a simple majority of the Council is required for approval. Public Hearing Mayor Mondy opened the Public Hearing at 6:32 p.m. WEDC Director Satterwhite addressed Council stating that the approval of the zoning change would allow for the applicant to place signage near SH 78. (Baylor Medical Clinic) With no further comments.Mayor Mondy closed the Public Hearing at 6:33 p.m. Council Discussion Mayor Mondy asked Mr. Thompson to break the issue down for Council. Mr. Thompson stated that the purpose of the Planned Development District is substantially to approve a signage package on the zoning case which the current Sign Ordinance does not allow. Approval of this case will allow a sign to be constructed visible on Hwy. 78 and other businesses moving to that location may share the sign if they desire. There will also be cross access to the properties. Councilman Trout asked if the zoning change was not approved tonight, how many signs could be constructed. Mr. Thompson replied one per lot and not off premise signs. Councilman Young asked Mr. Satterwhite what would happen with the road behind the property. Mr. Satterwhite stated that Cooper Drive would extend from it's dead-end at the cul de sac at an angle out to Hwy. 78. He stated that a traffic study had been performed and a controlled intersection was being considered for the future. Funding for the extension of the road is being funded by the WEDC as part of the overall development. He stated that this was a win-win situation. He commented that the road could be completed within 70 days. The representative from Baylor will close on the 14th of April, subject to the outcome of this item. Minutes—April 12,2005 Wylie City Council Page 4 Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve Ordinance #2005-16 changing zoning commercial uses and to allow coordinated signage. (Zoning Case #2005-07). A vote was taken and passed 7-0. 3. Hold a Public Hearing and act upon a change of zoning from Single Family Residential (SF-8.5/17) District to Planned Development (PD) District for residential uses. ZC 2005-08 (C. Thompson, Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the proposal is to develop the subject 4.5 acres as a planned community, following neo-traditional design concepts. The property is land-locked and surrounded by development, accessible only from Thomas Street. The plan will provide 20 lots of at least 5,100 sq. ft. each, which does not comply with the Comprehensive Plan. Minimum house size is to be 1,400 sq.ft.,with 50%of the dwellings being 1,800 sq. ft. or larger. The private street and central open space amenity will be maintained by the HOA. The PD conditions generally comply with the standard regulations of the Zoning Ordinance except for the definition of"masonry". Because written opposition representing owners of more than 20% of the property within the legal notification area has been received,the affirmative vote of 75% of the Council will be required for approval." Public Hearing Mayor Mondy opened the Public Hearing at 6:40 p.m. Bill Anderson and Mardy Brown with Downey Anderson Associates addressed Council explaining the concept for the Planned Development as to density (small lots) and neo-traditional design to accommodate older citizens without young children. Janet Johnston residing at 702 Andersonville Lane, Wylie Texas addressed Council stating that she has gone through this area near the Library many time while taking her children to soccer practice. She stated that in her opinion this development was not a good fit for the proposed location. With no further comments, Mayor Mondy closed the Public Hearing at 6:51 p.m. Council Discussion Mayor Mondy asked if the Trimble family was in agreement, why now is there opposition to this development. Mr. Thompson replied that the property had been sold to 2 parties. One section to the east was sold to an owner that was against this zoning; Councilman Worley asked Mr. Anderson what he envisioned for the size lot and type of home. Mr. Anderson stated that he was proposing lots with little yard and smaller square footage ranging in price from $140,000 to $180,000. Mayor Pro Tern Hogue asked how the streets would accommodate the development. Mr. Anderson stated that there would not be a large amount of children residing in the area so he did not see a problem with traffic. Mayor Pro Tern Hogue asked if there was any way he could restrict the development to citizens without children. Mr. Anderson stated he could not. Council asked Mr. Anderson if he would be willing to restrict this development to age 55 and above (elderly). Mr. Anderson stated he did not desire to do this. Council members stated their concern regarding the density of the proposed development. After some further discussion,the applicant(Bill Anderson)requested to withdraw his application for Zoning Case#2005-08. (Letter in file.) Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to accept the withdrawal of Zoning Case#2005-08 by the applicant. A vote was taken and passed 7-0 Minutes—April 12,2005 Wylie City Council Page 5 Mayor Mondy recessed the meeting for a 5 minute break at 7:05 p.m. Mayor reconvened the meeting at 7:10 p.m. 4. Consider and act upon approval of a Resolution recommending federal demonstration funds be reallocated to add additional lanes to SH 78. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on March 10,2005,the City of Wylie, City of Sachse, City of Garland, Collin County and Dallas County met with representatives of the Texas Department of Transportation(TxDOT)to discuss the need to add capacity to SH 78 in the form of two additional lanes. The existing 4-lanes in the City of Wylie have the capacity for the current traffic volumes; however, with the projected development at SH 78 and SH 205 and retail development at SH 78 and SH 190,additional capacity will be needed to accommodate the future volumes. Approximately 3.92 miles are located within the City of Wylie and TxDOT estimates the construction to cost between $1-$1.5 million per mile or$3.92-$5.88 million. Council Discussion Councilman Newsom asked Mr. Hoisted if these funds would cover the realigning of Oak but not of Brown. Mr. Hoisted stated that this was correct. He commented that if Brown was still an issue, it could be addressed in a future Bond Program. Mayor Mondy also stated that there would be a possibility to acquire future federal demonstration funds through the County to align Brown. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve Resolution #2005- 16(R) recommending federal demonstration funds be reallocated to add additional lanes to SH 78. A vote was taken and passed 7-0. 5. Consider and act upon an Ordinance approving mid-year budget amendments. (Ron. Hutchison, Interim Finance Director) Staff Comments Interim Finance Director Hutchison addressed Council stating that the mid-year budget review is a mechanism to provide for items that have occurred or come to light since the current year budget adoption last September 2004. The budget, a legally adopted document, is subject to amendment to cover such items provided that funds are available. It has been determined after a review of the 2004 fiscal year and a mid-year review of the 2005 fiscal year that funds are available to cover the proposed amendments in each of the proposed funds. He commented that the 4B fund would be the only fund under the budget amount for 2004-2005. Council Discussion Mayor Mondy stated that the item involving the Blackland Prairie Foundation (Pirate Cove Playground gravel road construction in the amount of$14,000.)be struck due to the temporary gravel road not being required and the point that the Blackland Prairie Foundation sold the park to Council as a fully funded project. Councilman Young asked if a loan were available for these types of projects. Mr.Roath replied that the road was not needed therefore the line item amendment was not needed. He suggested that the foundation try to obtain the fund raising needed to pay for the shortage. Council concurred that this park project was not the first priority of the Parks Board Master Plan. Mayor Mondy suggested that the foundation move forward with the fund raising and report back to the Council in August or September as to their fund raising completion. Mr. Alexander commented again on the cost of the project coming in around$125,000 and then given Minutes—April 12,2005 Wylie City Council Page 6 to the City at a value of up to $325,000. Mr. Roath stated that staff would work with the foundation and report back to Council at a later date. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve Ordinance #2005-18 with the exclusion of the allocation of$14,000. for the site preparation for Pirate Cove Playground. A vote was taken and passed 7-0. 6. Consider and act upon a Resolution creating the position of Children's Librarian, abolishing the position of Children's Programming Coordinator and providing an effective date. (L. Fagerstrom, Human Resources Manager) Staff Comments Human Resource Manager Lynn Fagerstrom addressed Council stating that the Children's Programming Coordinator resigned effective January 25, 2005. Staff recommends upgrading this position to Children's Librarian. Many of the duties performed by the children's programming clerk are professional duties. This position's duties include planning and implementing Summer Reading Club, scheduling all programming, promoting programs to schools, developing the children's collection, and performing at least two story times a week. A librarian is needed to plan these programs and ensure that patron informational and developmental needs are being met. Upgrading this position to Children's Librarian will allow for expansion of this department. Staff will be added in this department in the future to handle patron demand. Ms. Fagerstrom stated that this up-graded position would enhance the department know and in future growth. Council Discussion Councilman Trout asked if there was no financial change currently,what would future financial issues be? Ms. Fagerstrom replied that the starting difference would be approximately $5,000. annually. He also explained that the proposed salary is less than what the past personnel was earning. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Trout to approve Resolution #2005- 17(R) creating the position of Children's Librarian, abolishing the position of Children's Programming Coordinator and providing an effective date. A vote was taken and passed 7-0. 7. Consider and act upon the ratification of the Citizen Bond Advisory Committee members and appointment of Chair and Vice-Chair. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that on March 22, 2005, the City Council approved the establishment of a Citizens Bond Advisory Committee. The proposed entire Committee member list is presented tonight for ratification by the City Council. In addition, Section 1 of the adopted Ordinance establishing the Committee calls for the City Council to appoint the Chair and Vice-Chair to lead the Citizens Bond Advisory Committee. Therefore, we ask that the City Council select and name two(2) individuals for these respective positions as well. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to ratify the Citizen Bond Advisory Committee members as presented and to appoint James Whitlow as Chairman and Marvin Fuller as Vice Chairman of the CBAC. A vote was taken and passed 7-0. Minutes—April 12,2005 Wylie City Council Page 7 Tabled Item from 3-22-05 Motion to remove from table and: Council Action A motion was made by Mayor Pro Tern Hogue to remove Item 8 from the table. Consensus of Council was to remove. 8. Consider and act upon an agreement for Legal Services between the City of Wylie, Texas and Abernathy,Roeder,Boyd and Joplin,P.C. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that at a meeting on September 27, 1994, the Firm made its presentation to the Wylie City Council, and subsequently the City Council voted to retain the Firm to serve as its City Attorney. The City approved a Retainer Agreement with the Firm on October 25, 1994. He explained that with our increasing use of legal services, the City initiated negotiations to develop an Agreement for Legal Services with the Firm, which addresses the position, term, services to be performed, compensation, billing, termination, independent contractor status, and City property. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve an agreement for Legal Services between the City of Wylie, Texas and Abernathy, Roeder, Boyd and Joplin, P.C. A vote was taken and passed 7-0. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary Carole Ehrlich read Ordinances # 2005-14, 2005-15, 2005-16, and 2005-18 into the official record. (Ordinance#2005-17 was withdrawn by the applicant ZC 2005-08). ADJOURNMENT With no further business before Council,Mayor Pro Tenn Hogue made a motion to adjourn at 7:40 p.m., seconded by Councilman Newsom. Consensus of Council was to adjourn. ```���ttullut�����' O F frfr yn Johç %or S E A ., ATTEST: ''''1;Carole Ehrlich, tty ecretary iin i sE Minutes—April 12,2005 Wylie City Council Page 8