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05-10-2005 (City Council) Minutes MINUTES Wylie City Council Tuesday, May 10, 2005 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North 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, and Councilman Merrill Young. Councilwoman Reta Allen and Councilman J. C.Worley were absent. 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; Building Director, Johnny Bray; Park Superintendent Bill Nelson; Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich. 1N OCA:TIONA tE E OP.ALEEGIAI' CE Pastor Keith Sprugin of the New Hope Christian Church gave the invocation and Councilman Trout led the Pledge of Allegiance. CI• TTZE1 Sk ARTICI1TIO1�1 Several citizens were present to address Council regarding Item #2 (Zoning Case #2005-03). Several citizens were opposed to the zoning case. Some of the issues addressed were: traffic on Claybrook (and the traffic study),the construction of a bridge to alleviate some of the traffic in the development and the negative impact it would have on property values to nearby residents, increased traffic noise, the promise of securing the greenbelt adjacent to the property., and safety for children with additional homes constructed and the traffic increase. Several citizens spoke in favor of the zoning case stating that it would improve the value of their homes and Ashton Wood was an excellent builder. COI SEh1T GEl DA All matters.listed under the Consent Agenda are considered to be routine by the(its Council and will be enacted by on inonon T'here,w ill not.be separate d scussion of these items if discussion is desired, drat item ill ire lotto ved:from the consent Agendaand will be eansldcred separately A. Approval of the Minutes from the regular City Council Meeting of April 26, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon a Final Plat for the Watermark Addition. (C. Thompson, Planning and Zoning Director) C. Consideration and act upon approval of a request from Steven Salinas to use the Bart Peddicord Community Center for a "Battle of the Bands 2" concert on May 13, 2005. (R. Diaz, Asst. Superintendent,Parks) D. Consider and act upon a Federal Equitable Sharing Agreement between the City of Wylie and the U. S.Department of Justice. (J. Butters,Police Chief) Minutes—May 10,2005 Wylie City Council Page 1 E. Consider and act upon an award of bid, in the amount of $31,774.00, to Hunter-Knepshield of Texas for the installation of picnic pavilions in Riverway Park(formerly Sage Creek North Park) and Eureka Park (formerly Cimarron Estates Park). (J. Holcomb, Purchasing/R. Diaz, Asst. Superintendent, Parks) F. Consider and act upon an award of bid,in the amount of$50,585.00,to Holley&Holley Concrete Co., Inc. for the construction of a parking lot at Oak and Jackson Street and miscellaneous concrete work at Eureka Park (formerly Cimarron Estates Park). (J. Holcomb, Purchasing/R. Diaz,Asst. Superintendent,Parks) Council Action A motion was made by Councilman Young, seconded by Councilman Trout to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Councilwoman Allen and Councilman Worley absent. INDIVIDUAL CONSIDERATION PUBLIC HEARINGS 1. Continue a Public Hearing from April 26, 2005 to receive citizen comments on recommendations of the Planning and Zoning Commission concerning certain proposed revisions to the Comprehensive Plan. (C. Thompson, Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the public hearing was convened, as published, on April 26, 2005 but Council continued the public hearing until the May 10, 2005 meeting so that additional research and recommendation could be provided concerning the sufficiency of retail and commercial uses and the proportion of residential densities(lot sizes). The Planning and Zoning Commission held an additional work session on May 3 to consider these issues and staff has conducted additional research,and new information will be provided at the May 24,2005 Council meeting. Mr.Thompson also stated that the Council had table any decision on the proposed revisions until the May 24,2005 Council meeting. Planning and Zoning Commission recommends approval. Continued Public Hearing from 4-26-05 Mayor Mondy continued the Public Hearing at 6:59 p.m. James Griffin residing at 301 W.Kirby Street,Apt. #222,Wylie,Texas addressed Council stating that he was in favor of the revisions to the Comprehensive Plan as presented. With no one else present to address Council, the Mayor continued the public hearing to the May 24, 2005 Council meeting. Tabled Item from 4-26-05 Consensus of Council was to remove Item#2 from the table. 2. Consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD) District for single-family residential uses. (Zoning Case 2005-03) Tabled from the April 26, 2005 meeting to allow additional research on traffic volumes. (C. Thompson, Planning and Zoning Director) Minutes—May 10,2005 Wylie City Council Page 2 Staff Comments Planning and Zoning Director Thompson addressed Council stating that the public hearing was convened as published on April 26, 2005, but Council tabled discussion and decision on the request until the May 10 meeting in order to allow time for an expanded traffic study to be completed.The PD proposes to extend Mainstream Drive to link with Riverway Lane for additional traffic access/egress (bridge). Mr. Thompson explained that consultants have performed an expanded traffic analysis, which is being presented tonight. This study concludes that the proposed connection is justified and will reduce traffic on Claybrook to levels below those currently existing regardless of the number of lots (proposed 8,500 sq. ft. or 10,000 sq. ft.)allowed in Phase 9. The closure of Claybrook to the east, disconnecting it directly from Phase 9,would not reduce the traffic volumes. Mr. Thompson stated that Police, Fire and Engineering felt the proposal for two access streets was acceptable. Mr. Thompson reiterated that 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.Planning and Zoning Commission recommends approval with the extension of the street. Council Discussion Mayor Mondy asked if the bridge could be placed in another area and if staff and the developer had looked at that alternative. Mr. Hecker representing Ashton Wood stated that they had not looked at areas outside of the PD. Councilman Young stated that he would like to see minimum lot sizes of 20,000 sq.ft.with no bridge.He stated that if the developer was not willing to provide that,his direction would be to deny. He also commented that he would like to see a decision made by Council tonight. Mayor Pro Tem Hogue asked if changing Claybrook to a cul-de-sac would be an option. City Engineer Hoisted stated that they did and it would not be beneficial to traffic in that area. Councilman Newsom asked if a bridge to the north would be more difficult to build with a larger radius. Mr. Hoisted stated that was correct. Mayor Mondy asked if requiring this PD to comply with the proposed and current comprehensive plan and require 20,000 sq. ft. minimum lots was appropriate. Perhaps then the developer could look at other alternatives to ease traffic in the area. Council Action A motion was made by Councilman Young, seconded by Councilman Trout to deny Zoning Case #2005-03. A vote was taken and passed 4-1 with Mayor Mondy, Mayor Pro Tern Hogue, Councilman Trout and Councilman Young voting for and Councilman Newsom voting against, with Councilwoman Allen and Councilman Worley absent. 3. Consider and act upon a request from D. R. Horton Homes to install a kiosk sign for off premise advertisement located at the corner of Highway 78 & Kreymer. (J. Bray, Building Department Director) Staff Comments Building Department Director Bray addressed Council stating that D. R. Horton Homes had requested the City Council's approval of an off premise temporary directional kiosk sign for the purpose of advertising the Avalon subdivision. Section 11.A of the adopted sign ordinance requires the sign design and location to be approved by the City Council. He explained that the design of the sign included the Wylie logo. The location is required to be on the corner of a street according to the sign ordinance. The requested location was near a corner but was some distance from the actual corner. All other requirements had been met. Council Action A motion was made by Councilman Trout, seconded by Councilman Young to deny the request from D. R. Horton Homes to install a kiosk sign for off premise advertisement located at the corner of Highway 78 & Kreymer. A vote was taken and passed 3-2 with Mayor Pro Tern Hogue, Councilman Trout and Councilman Young voting for and Mayor Mondy and Councilman Newsom voting against, with Councilwoman Allen and Councilman Worley absent. Minutes—May 10,2005 Wylie City Council Page 3 4. Consider and act upon approval of a Police Recruit Employment Agreement. (J. Butters, Police Chief) Staff Comments Police Chief Butters addressed Council stating that the proposed agreement would be entered into between the City and new Police employees who are not Certified Peace Officers.Uncertified individuals hired for the position of Police Officer must be sent to a sixteen-week Police Academy. The proposed agreement requires the employee to reimburse the City of Wylie for the cost of his/her training if the employee separates from the City of Wylie prior to their two-year anniversary. This agreement is designed to protect the City from being used as a training ground for Officers who desire to work in a larger City,but need some experience to do so. Council Discussion Councilman Newsom asked Chief if there might be other schools that this agreement could be extended to in the future. Chief Butters stated, as the department grows, there will be other schools that an agreement like this would benefit. Councilman Young asked how the repayment would work if the employee left prior to the two years. Chief Butters replied that it would be taken out of the employee's final check. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to approve a Police Employment Agreement for the City of Wylie. A vote was taken and passed 5-0 with Councilwoman Allen and Councilman Worley absent. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE Ell,SECTION 13-D. There were no ordinances passed to read into the official record. Mayor Mondy recessed into Executive Session at 7:42 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 north of FM 544,west of SH 78 and south of Parker Road, because such deliberation in an open meeting would have a detrimental effect on the negotiating position of the City. Section 551.087. To deliberate regarding economic development negotiations. To deliberate commercial information that the city has received from a business prospect that the city seeks to have locate, stay or expand in an area generally located north of FM 544,west of SH 78 and south of Parker Road and with which the city is conducting economic development negotiations. Mayor Mondy reconvened into Open Session at 8:38 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. Minutes—May 10,2005 Wylie City Council Page 4 ADJOURNMENT With no other business before Council,a motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to adjourn the meeting at 8:40 p.m. Consensus of Council was to adjourn. �1. A Jo ondy, a go ATTEST: V• z. • • ._..�_ Ca ole Ehrlic ,City Secretary Minutes—May 10,2005 Wylie City Council Page 5