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04-26-2005 (City Council) Minutes MINUTES Wylie City Council Tuesday, April 26, 2005 —6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Eric Hogue, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, and Councilman J. C. Worley.Councilwoman Reta Allen was absent. 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; Park Superintendent Bill Nelson; Public Information Officer, Mark Witter, and City Secretary,Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Reverend Chris Robeson of the Woodbridge Community Church gave the invocation and Mayor Pro Tern Hogue led the Pledge of Allegiance. City Manager Roath introduced the new Finance Director Larry S. Williamson to the Council, staff and citizens present.Mr. Roath announced that Mr. Williamson would begin work on the 16th of May, 2005. PROCLAMATIONS AND PRESENTATIONS • Presentation to Star Students displaying the Character Trait of"Fairness". Mayor Mondy and Mayor Pro Tern Hogue presented Certificates to students nominated for the character trait of"Fairness". CITIZENS PARTICIPATION No one was present to address Council during Citizens Participation 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. Approval of the Minutes from the regular City Council Meeting of April 12,2005. (C. Ehrlich, City Secretary) Minutes—April 26,2005 Wylie City Council Page 1 B. Consider and act upon a Preliminary Plat for the ZLAN Corner Addition. (C. Thompson, Planning and Zoning Director) C. Consider and act upon approval of Resolution #2005-18 (R) of the City Council of the City of Wylie, Texas, approving and adopting the plan to end chronic homelessness in Collin County. (M.Roath, City Manager) Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilwoman Allen absent. INDIVIDUAL CONSIDERATION PUBLIC HEARINGS 1. Hold a Public Hearing and consider acting upon an Ordinance approving certain revisions to the Comprehensive Plan for the City of Wylie. (C. Thompson,Planning and Zoning Director) Public Hearing Mayor Mondy opened the public hearing at 6:22 p.m. James Griffin residing at 301 W. Kirby Street#222, Wylie, Texas addressed Council stating that he was in favor of the proposed amendments to the Planning and Zoning Comprehensive Plan. He stated that the increased commercial corridor and light industrial zoning would boost the tax base. With no one else present to address Council, Mayor Mondy closed the public hearing at 6:23 p.m. Staff Comments Planning and Zoning Director Thompson addressed Council stating that in February, the Planning and Zoning Commission recommended certain revisions to the Comprehensive Plan, and on February 22, the City Council endorsed the proposed revisions and directed the Commission to continue with the approval process as required by State Law. These revisions were also considered at a Joint Commission/Council Work Session on February 8,2005. Once the revised Comprehensive Plan is adopted,the Zoning Ordinance and Subdivision Regulations will be revised accordingly. Some lands are already zoned and/or platted for uses other than those recommended by the current Comprehensive Plan as well as these revisions. If platted,these have a legal right to develop to the code which was in effect at the time of platting and may be developed as previously anticipated regardless of the recommendations of the Plan. However, lands which are not yet platted have no vested rights and must be developed in full compliance with these revisions and the development requirements of the current Zoning Ordinance. Council Discussion Mayor Mondy asked Mr. Thompson how many public hearings had been conducted on this item. Mr. Thompson replied that the Planning & Zoning Commission had held three hearings on this plan and one joint work session between the City Council and Planning and Zoning Commission. Mayor Mondy then asked Mr.Thompson,based on the retail areas being pushed to S.H. 78 and S.H. 544, has the Planning and Zoning Commission taken into consideration the increased development in the areas and roads going to the retail areas. Mr.Thompson stated that they did. Mayor Mondy questioned certain areas where light commercial had been taken out and asked if it was feasible for residents to travel so far for necessities. Mr. Thompson stated that an earlier plan, with the Village Minutes—April 26,2005 Wylie City Council Page 2 Concept had addressed these problems and that Council's direction was to go more vehicular in nature. Councilman Worley asked Mr. Thompson if those zoning cases filed and pending would follow the revised comprehensive plan, if approved, or the Comprehensive Plan currently in place. Mr. Thompson replied that the cases filed and pending, by vested right, would follow the Comprehensive Plan that was in place when they submitted their plan. Councilman Newsom asked what percentage in the new plan was not residential. Mr. Thompson stated those figures were not available yet but his best estimate was 25% was non-residential. Councilman Worley stated that he would like to see the public hearing continued at the May 10, 2005 Council meeting and the item tabled to the May 24,2005 Council meeting. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to Table Item #1 (Ordinance #2005-19) until the May 24, 2005 Council Meeting in order to conduct further research. A vote was taken and passed 6-0 with Councilwoman Allen absent. 2. Hold a Public Hearing and act upon an Ordinance approving a change of zoning from Agriculture (A) to Planned Development District for Mixed Uses. (Zoning Case #2005-01-Jones Tract). (C. Thompson,Planning and Zoning Director) Staff Discussion Planning and Zoning Director Thompson addressed council stating that the applicant had contacted his office and submitted a formal letter of withdrawal of this zoning case. The property totals 186.56 acres, south of FM 544 and west of Regency Business Park Addition. The property is traversed by the undevelopable 150 feet wide right-of- way of a major electric power transmission line(approximately 9 acres),which legally describes the property as the northern Tract One of 130.7 acres and the southern Tract Two of 55.8 acres. The Development Plan also suggests a construction phasing pattern. The current request proposes to divide the property into two major uses. The northern 60 acres along FM 544, for a depth of 1,000 feet, is designated for Corridor Commercial uses. The remaining southern 127 acres is designated for 345 single-family residential lots of 10,000 square feet each, for a density not exceed 2.76 lots per acre. Because the Planning and Zoning Commission has recommended denial of this request, the affirmative vote of seventy-five percent(75%) of the entire City Council will be required to approve the requested rezoning. However since the applicant has formally withdrawn the zoning case, Council may move to accept the withdrawal by the applicant. Public Hearing Mayor Mondy opened the public hearing at 6:24 p.m. With no one present to address Council Mayor Mondy closed the public hearing at 6:24 p.m. Council Action A motion was made by Councilman Trout, seconded by Councilman Young to accept the applicant's withdrawal of Zoning Case #2005-01. A vote was taken and passed 6-0 with Councilwoman Allen absent. 3. Hold a Public Hearing and act upon an Ordinance approving a change of zoning from Agriculture (A) to Planned Development (PD) for Single Family Residential (SF). (Zoning Case No. 2005-03-Housewright Tract/Sage Creek). (C. Thompson, Planning and Zoning Director) Minutes—April 26,2005 Wylie City Council Page 3 Staff Comments Planning and Zoning Director Thompson addressed Council stating that the property totals 59.24 acres,west of Sage Creek Phase 4 and 7 Additions and north of Wooded Creek Estates, effectively land-locked between existing development and the Muddy Creek floodplain. The request is to expand the existing Sage Creek Planned Development District(PD 99-9)for single-family residential uses. The floodplain occupies the eastern two-thirds of the tract. The currently-adopted Comprehensive Plan recommends lots of 1 acre or larger,and revisions to the Comp Plan currently being considered recommend medium-density residential (10,000 to 20,000 square feet lots). The requested smaller lot size of the PD (8,400 sq. ft.) does not conform to either of these recommendations. Not less than 60%of the two story homes would be built on the ground floor. 50%of all homes in the development would be 2,400 sq. ft. or larger with the remainder being a minimum of 2,000 sq. ft. Mr. Thompson stated that the applicant did not agree with the stipulation that the 60% floor area be on the first floor. Mr. Thompson stated the applicant was present to address that issue as well as others. Public Hearing Mayor Mondy opened the public hearing at 6:26 p.m. Jim Byrne residing at 3104 Bryce Dr., Wylie Texas addressed Council stating that he was in favor of the planned development. Mr. Byrne stated that he felt the new bridge the developer was proposing would eliminate traffic problems. Katheryn Hawkins residing at 3014 Claybrook, Wylie Texas addressed Council stating that she was one of the residents that was opposed to the planned development. She stated that she had experienced yard damage due to the construction of Phase 8 and felt that Phase 9 would only make damage to her property by construction crews even worse.Traffic issues were another concern to Ms.Hawkins. Jessica Kaltenbach residing at 3004 Claybrook Dr., Wylie Texas addressed Council stating that she was opposed to the planned development and she felt that Claybrook would become a thoroughfare due to the additional homes and lack of access out of the development. She also stated that she was in favor of 10,000 sq.ft lot minimums. Bruce Miller residing at 1100 Midstream, Wylie, Texas (30 feet from the proposed bridge) addressed Council stating that he was opposed to the development citing that he was the resident at the corner where the new proposed bridge would be constructed. He stated that when he purchased the property he had no information that a bridge would be constructed so close to his residence. He stated that he had fully researched the development and was not told there would ever be anything but creek.He stated he was very much against the bridge. Debbie Pyle residing at 3001 Claybrook Drive addressed Council stating that she was opposed to the development and citing that child safety was of the utmost concern and she felt with the new development and increased traffic, it would not be a safe place for children to play. Scott McMurdie residing at 1012 Meandering Dr,Wylie, Texas, addressed Council stating that he was in favor of the planned development, citing that the Sage Creek Development was being built by excellent builders (Ashton Homes) and he felt his property value would only increase with the additional quality homes. Mr. McMurdie also commented that he felt since this was an extension of a land locked area;the 8.400 minimum lots would work in this area.He also stated that by putting a bridge in the development,it would eliminate all traffic problems. Red Byboth representing the Planning& Zoning Commission addressed Council stating that many of the citizens speaking at the P & Z Public Hearings were in favor of this development. He stated that he was pleased that Ashton Woods decided to build the bridge to eliminate the traffic concern and that Ashton Woods has increased the amenity center and has made every effort to accommodate the residents and the city. He encouraged the consideration of the closure of Claybrook and diverting the traffic north and south, and proceeding with the development by approving this zoning case. Mayor Mondy asked Mr. Byboth how P & Z Commission had voted on this zoning case. Mr. Byboth replied that they voted in favor of the zoning case to recommend to Council. Mr. Byboth stated that he remembered that the conversation during the Planning and Zoning Commission meeting was to recommend the closure of Claybrook. Minutes—April 26,2005 Wylie City Council Page 4 Neil Hecker(applicant)residing at 13800 Montfort,Dallas, Texas addressed Council stating that the traffic was a key issue. He stated that he had discussed stepping back and looking at the possibility of closing Claybrook. He stated that since that time, a traffic review has been completed regarding the closure and in Mr. Hecker's opinion, the bridge and the commitment made by Ashton Woods to construct that bridge is sufficient to solve the traffic issue. He saw no need to close Claybrook He explained that having three exits from Sage Creek 9 was ample access for traffic. Sage Creek 4 and 8 only have one exit at this time and building the bridge will make the problem better. He explained that the Parks board desired additional trails which Aston Woods committed to as well as building a 2,000 sq. ft. club house,raising the commitments on homes from 2,000 sq. ft.minimum to 2,400 sq. ft. (for 50%of the homes)and dedicate the park land and build the bridge needed for traffic. He explained that Aston Woods would only receive 45%of the use of the land with the improvements that have been submitted. With no one else present to address Council Mayor Mondy closed the public hearing at 6:57 p.m. Council/Staff Discussion Mayor Mondy asked City Engineer Hoisted how the City could put the cul-de- sac in, do a traffic study and then make a determination whether or not traffic is impacted. City Engineer Hoisted stated that his recommendation to Council would be to leave Claybrook as a dead end street and not install a cul-de-sac.Mr.Hoisted also stated that there was no decrease in level of service on Claybrook from an engineering standard. City Manager Roath asked Mr. Hecker about the assumption he made regarding the bridge and no extra strain on Claybrook. At some point, if the traffic increases significantly, would Aston Woods be willing to conduct a survey at that time and close Claybrook if deemed necessary. (12— 18 mos. out)Mr. John Bull(engineer for Ashton Woods)replied that if the bridge was constructed now, there would be no impact to Claybrook. Mr. Roath asked again if Ashton Woods would be willing to fund that study in the future. Mr. Hecker stated that if a traffic study was done now and another at build-out, if the traffic study shows increased traffic, he was not sure if he could commit to closing Claybrook. Mayor Pro Tem Hogue and Councilman Trout commented that they would like to see minimum lot sizes of 10,000 sq. ft.in this development. A motion was made by Councilman Worley, seconded by Mayor Pro Tem Hogue to deny Zoning Case #2005-03. After some discussion Councilman Worley withdrew his motion. Council Action A motion was made by Councilman Worley, seconded by Mayor Pro Tern Hogue to table Item #3 (Zoning Case#2005-03, Ordinance#2005-21)to the May 10, 2005 Council Meeting to allow time for a traffic study to be completed and information regarding the bridge, and it's location by the developer and the City Engineer. A vote was taken and passed 6-0 with Councilwoman Allen absent. 4. Hold a Public Hearing and act upon an Ordinance approving a change of zoning from Agriculture (A) to Planned Development (PD) District for single family residential uses. (Zoning Case No.2005-09-Collins Tract) (C. Thompson,Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the Comprehensive Plan recommends Country Residential (1 acre lots). This request does not comply with Comp Plan. Planned Development zoning is intended to establish a minimum house size of 3,000 square feet as stipulated by the Planning & Zoning Commission, compared to the 2,100 sq. ft. allowed by straight zoning. PD is justified to accomplish this request. The subject tract is effectively land-locked, being long and narrow with developed properties on three sides, allowing access only from the narrow frontage of FM 544. Development of this configuration as one-acre lots as recommended by the Comp Plan will likely require undesirable single point of entry, double-sided lots, over-length streets and/or dead-end utilities. Minutes—April26,2005 Wylie City Council Page 5 Public Hearing Mayor Mondy opened the public hearing at 7:02 p.m. Ms. Jamie VanEaton residing at 1001 Oakbrook Drive, Wylie, Texas addressed Council stating that after much discussion with the developer and the agreed upon buffer along the TXU easement,she was in favor of this zoning case. Mike Foster (Applicant) addressed Council stating that he was willing to include a 15 foot buffer along the TXU easement and once completed dedicate it to the City of Wylie.This will eliminate any liability to the developer at a later date. With no one else present to address Council Mayor Mondy closed the public hearing at 7:08 p.m. Council Discussion Councilman Newsom asked if iron fences were required in the development as part of the P.D. Mr. Thompson replied that yes it was. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve Zoning Case #2005-09 (Collins Tract, Ordnance #2005-22), with the stipulation that a 15 foot buffer zone be added to the TXU easement on the northern side of the tract and dedicate the buffer zone to the City of Wylie. A vote was taken and passed 6-0 with Councilwoman Allen absent. 5. Consider and act upon acceptance of the Comprehensive Annual Financial Report after presentation by the audit firm of Rutledge Crain & Co., PC. (R. Hutchison, Interim Finance Director and Lewis Crain,Rutledge Crain& Co.,PC.) Staff Comments Interim Finance Director Hutchison addressed Council stating that the City Charter in Article VII, Municipal Finance, Section 13: Independent Audit,requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor Rutledge Crain&Company,PC,has performed an audit as of September 30,2004. Auditor Comments Mr. Lewis Crain representing Rutledge Crain& Company, PC addressed Council stating that overall it was a good year for the City of Wylie and fund balances are in excellent condition.He complemented Mr.Hutchison on his hard work. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to accept and place on file the Comprehensive Annual Financial Report for FY 2003-2004. A vote was taken and passed 6-0 with Councilwoman Allen absent. Minutes—April 26,2005 Wylie City Council Page 6 6. Consider and act upon appointment of a board member to the North Texas Municipal Water District Board. (C.Ehrlich, City Secretary) Staff Comments City Secretary Carole Ehrlich addressed Council stating that the NTMWD's existing Board (18 member cities) is comprised of individuals who have worked to represent their communities in other capacities and who have a solid understanding of municipal concerns to share with other Directors. Historically, Directors have dedicated from 10 to 30 years of service to the Board, thereby gaining experience and contributing the necessary leadership. This provides the maximum benefit in order to assure the city's needs are met in the most effective manner. She explained that the City of Wylie has two board members on the NTMWD Board; Mr. Harry Tibbals, whose term expires May 31,2005 and Mr.Marvin Fuller whose term expires May 31,2006. Ms. Ehrlich stated that Mr. Tibbals was contacted and is willing to serve another term. The City Council will need to make this appointment before the term expires in May 2005. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to re- appoint Harry Tibbals to the North Texas Municipal Water District Board of Directors for a two year term beginning May 31. 2005 and ending May 31, 2007. A vote was taken and passed 6-0 with Councilwoman Allen absent. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary Carole Ehrlich read the caption to Ordinance #2005-22 (Zoning Case #2005-09) into the official record. Mayor Mondy recessed Council into Executive Session at 8:16 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,et.seq, Texas Government Code,to wit: Section 551.072. To deliberate the purchase,exchange,lease or value of real property generally located at: • Jackson and State Highway 78 Section 551.072. To deliberate the purchase,exchange,lease or value of real property generally located at: • Ballard Avenue Section 551.071 Consultation with Attorney regarding contemplated litigation and on a matter in which the duty of the attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: Minutes—April 26,2005 Wylie City Council Page 7 • NuRock Development, Inc., NuRock Construction, LLC, NDG-McMillan, LLC and McMillan Ranch Partners,LP v.City of Wyllie,Texas,et al. Mayor Mondv reconvened into Open Session at 9:54 p.m. RECONVENE INTO OPEN SESSION Take any action as a result of Executive Session There was no action taken as a result of Executive Session. WORK SESSION • Conduct Work Session Pertaining to the Creation of a Tax Increment Financing District Supporting the Development of Property Located at the Northwest Corner of State Highway 78 and Westgate Way. (S. Satterwhite, WEDC Director) WEDC Director Satterwhite gave a short presentation to Council regarding remediation needed on and around the Northwest Corner of State Highway 78 and Westgate Way. He proposed creating a TIF to assist in the cost of this remediation with all costs incurred by Greenway Investments. Direction from Council was to move forward and research the legal aspects of creating a TIF for this property. Present representing Greenway Development was: Mark Hardaway and Joel Mayton. Michael Whitehead was also present representing Whitehead&Mueller. ADJOURNMENT With no further business before Council,a motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to adjourn the meeting at 10:10 p.m. Consensus of Council was to adjourn. ,.``y p F `�. .......... zj Jo Mondy,M Y • ATTEST: • S ,�5 = Carole Ehrlich, Secretary Minutes—April 26,2005 Wylie City Council Page 8