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05-24-2005 (City Council) Minutes MINUTES Wylie City Council Tuesday, May 24, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TQ ORDE Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilman Earl Newsom, and Councilman Merrill Young, Councilman Rick White, and Councilman Carter Porter. 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; Finance Director, Larry Williamson; Police Chief, Jeff Butters; WEDC Director, Sam Satterwhite; Public Works Superintendent, Jack Jones; Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich. ................................................................................................................................................................................................................................................................ Pastor Keith Sprugin of the New Hope Christian Church gave the invocation and Councilman Newsom led the Pledge of Allegiance. PRO'CLA TtO Al' t?'t'"1 + I TATIO CTTIZ IS> ARTI ATIO There were no citizens present to address Council. 1 ma.:.;.rs lis...::�..,....,.er .;:Con .: .. . _.:. : . r..:;:, ..; . :r . .::: .;:: i >.. :. .. .; .:.�� �..;,�te��rrde.<: e;�o:.�`egda; �:ponss�e r�;E ;r��b�,: ;��y� �...a�ctl}b�enacted. . .... ... ... :... ... .... A. Approval of the Minutes from the regular City Council Meeting of May 10, 2005 and Special Called Meeting of May 17, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon approval of a contract with the U.S. Army Corps of Engineers for additional patrol at Lake Lavon Parks within the City of Wylie. (J. Butters,Police Chief) C. Consider and act upon approval of an agreement between Collin County Community College District and the City of Wylie to hold training sessions for City employees on June 3, 2005 and November 18, 2005. (M. Manson,Asst. City Manager) Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve the Consent Agenda with two additions to the Minutes for May 10, 2005 regarding Citizen Participation. Adding citizen concerns with the proposed bridge in Sage Creek (Zoning Case 2005-03) causing negative property values for Minutes—May 24,2005 Wylie City Council Page 1 residents near the bridge and traffic noise; also adding a concern to leave the greenbelt adjacent to the homes in tact. A vote was taken and passed 6-0. ;IND�� I�Li,AL�QrN�J��f� T��fJ�I PUBLIC HEARING Tabled Item from 4-26-05 Motion to remove from table Council Action A motion was made by Mayor Pro Tern Hogue to remove Item #1 from the table. Consensus of Council was to remove. 1. Continue a public hearing from April 26, 2005 and May 10, 2005 to receive citizen comments and consider and act upon certain 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 and May 10, 2005, but the Council tabled discussion until the May 10th meeting and any decision until May 24, 2005, so that additional research and recommendations could be provided concerning the sufficiency of retail and commercial uses and the proportion of residential densities(lot sizes)and to allow for additional citizen comments. Mr. Thompson reported that after the May 10, 2005 Council Meeting, the governor signed into law legislation making it increasingly difficult to change the use of someone's property. Mr. Thompson explained that before,"the test for taking" at far market value, was any use. Now it is set at 25% anticipated return to be considered a "taking". The state is also setting limits for yield of property, as in our ordinance, impervious coverage can not exceed 45% coverage of the lot, meaning after a lot size is determined,we can not restrict more than 45%. He reported that the state too was looking at a maximum of 45%. At a work session held May 3, the Planning and Zoning Commission discussed further the proposed retail locations and residential lot sizes. Council Discussion Mayor Mondy asked Mr. Thompson if the City had run numbers on the exposure to the City in changing the zoning on some of the property. Mr. Thompson replied that a complete study had not been preformed but two owners had vested their right to pre-plat under the current plan.He stated that yes we have done our best to inform the owners and some have moved to protect their rights and others are waiting to see. Mayor Mondy then asked what the City's impact would be to this legislation with the proposed amendments to the Comprehensive Plan. Mr. Thompson explained that several parcels have had changes. Mayor Mondy asked if a complete study should be made. Mr.Thompson stated that he had researched the cost of performing an Economic Analysis which will study several intersections and the residential areas around those intersections and explained the cost to provide that study would be somewhere between $50,000 to $100,000. It would cost$300,000 to $400,000 to get an Economic Impact on the Comprehensive Plan and its consequences. Mayor Mondy asked if all Cities were not required to do this. Mr. Thompson stated that this was an emotional issue which would be best addressed in the courts. Mayor Mondy then asked if this issue would be coming up in Cities all over the state. Mr. Thompson stated it could, but extensive analysis over what the City is doing will probably not be performed. Mayor Mondy asked if WISD had been contacted regarding the proposed Comp Plan. Mr. Thompson stated that they had and were aware of the changes. Councilman Newsom asked which of the two proposed amendments the Planning and Zoning Board approved. Mr. Thompson stated that the vote was split,four for the alternative plan and 2 for the plan presented at the May 10, 2005 meeting. They are however strongly in favor of both plans. Councilman Porter asked if the alternate Minutes—May 24,2005 Wylie City Council Page 2 plan called for decrease or increase of density in the circled area on the map. Mr. Thompson replied that it was to increase the density from one acre lots to 10,000 minimum and 20,000 sq ft. lots. Mayor Pro Tern Hogue asked for clarification in that the alternate plan would reduce lot size and increase overall density. Mr. Thompson concurred. City Manager Roath asked Mr.Thompson to touch on the industrial/commercial side of the plan. Mr.Thompson explained the areas for light industrial and heavy industrial as well as the commercial along the thoroughfares. Mr. Roath then asked if this plan would be increasing or decreasing the industrial/retail. Mr.Thompson replied that the City would be staying the same as the current Comp Plan but would see a decrease when comparing it to the Zoning Map.He explained that this is a concern of staff with conflicting goals in several areas. When the citizens were asked in 1999 what type of city they perceived Wylie to be, 85%responded that they saw Wylie as a City to live in and go elsewhere to work and shop. When they asked the same residents what kind of a community they wanted Wylie to become, they responded that they would like to see a balanced community where residents could live, shop and work. Those are conflicting interests. The City came up with the Village Concept to address this. Councilman Newsom asked if we would continue to have a holding zoning for new annexed land as Agriculture. Mr. Thompson stated that all new annexations would more than likely be voluntary and must come in as "A" to allow time to determine use. Mr. Roath asked if WISD had concerns with the Comp Plan. Mr. Thompson replied that the school planned to move forward with their plans for schools in light of the revised Comp Plan because they go beyond Wylie City Limits into other cities. He stated that he did not believe it would be a misrepresentation to say that he believes the WISD superintendent and Board will serve any population this land use maintains. He explained that there is more than building and staffing concerns with WISD, rather there are also supplemental food programs,buses and other issues.Mr.Roath asked what concerns were most important to these revised plans. Mr. Thompson replied that there were: conflicting goals for the City mentioned earlier,limited land,fiscal impact, current development patterns, zoning conflicts, and public/semi-public non-taxable development. He stated in the later that currently 3% of all City land was owned by WISD, City owned land was 10%, Water District was 7%, and the railroad owning 7%. This is a total of 27% of current land with at lease 20% totally nontaxable. Councilman Young asked what the build out population would be based on this Comp Plan and the current city limits. Mr. Thompson stated that it was between 50,000 and 55,000 with the new Comp Plan in place, previously with the current Comp Plan it was estimated at 75,000. He explained that there could be additional land annexed voluntarily though, in the next few years. Mayor Mondy stated that this Comp Plan would be reviewed at least every three years and would change in some aspects as the City grows. Mr. Roath asked if the City would continue to see Planned Developments apply with the new plan. Mr. Thompson stated that there would still be applications for Planned Developments with large lots and homes. There would also be applications for straight zoning. Continued Public Hearing Mayor Mondy opened the Public Hearing at 6:45 p.m.asking anyone present wishing to address Council to come forward and state their name and address for the record and limit their comments to three minutes. Sam Satterwhite representing Wylie Economic Development Corporation asked Mr. Thompson and Council to explain if the 128 acres marked light industrial could be used for larger campus environment development, or would that characteristic fall into the heavy industrial definition and not be allowed as light industrial industry. Mr.Thompson stated that these are general definitions but the zoning would go further and have to identify the specific types of uses, such as; heavy industrial would be taking raw materials and converting those thru a very energy/labor intensive process that generates noise traffic and other consequences into some product. The light industrial would be light assembly as taking some type of previously processed parts into some type of end use product. Showroom warehousing and print shops would be considered light industrial. Jasen Judd residing at 3010 Bryce Drive, Wylie, TX addressed Council stating that he had a few questions about the plan. What is the density differential in lot sizes. The reason for the question is school efficiency. Second question is how will the lots sizes be tied to the house size and will it be across the board. Third, I recommend this plan be reviewed at least between 1-3 years for continuity. Mayor Mondy explained that state law recommends review every three years. Mr. Thompson explained that the lot and house square footage would be addressed in zoning. He explained that the minimum for 10,000 sq.ft. lots would have a house size of 2,400 sq. ft. minimum, 20,000 sq. ft. lots would have a minimum of 2,600 sq. ft. and 1 acre lots would have minimum house size of 3,000 sq. ft. Chad Jordan residing at 3015 Charles Ct., Wylie, TX addressed Council stating that he wanted to clarify an issue from the P&Z Meeting. He stated that most citizens felt that the Village Center Concept was flawed and he tended to agree. Minutes—May 24,2005 Wylie City Council Page 3 Part of the reason is the timing of the adoption back in 1999. He explained that he felt the residential areas were growing at a fast rate,but the commercial/retail/industrial were not keeping up,leaving the tax base upside down. He stated that he believed the Council should slow down the residential growth to allow time for the commercial to catch up. Mr. Jordan commented that the alternate plan should be scrapped. Mayor Mondy replied that residential must have the population counts in order to bring in retail/commercial. Mayor Mondy closed the Public Hearing at 6:55 p.m. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance No. 2005-19, option #1 approving certain revisions to the Comprehensive Plan. A vote was taken and passed 6-0 with Councilwoman Allen absent. 2. Consider and act upon a Retail Water Service Area Agreement between the Wylie Northeast Water Supply Corporation and the City of Wylie. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that on August 25, 2004, the City received a Notice of District Petition advising the City that Wylie Northeast Water Supply Corporation had filed a petition with the Texas Commission on Environmental Quality (TCEQ) to convert to Wylie Northeast Special Utility District. On October 1, 2004, the City, through its utility counsel, Mr. Kerry E. Russell, filed a request for public hearing on the application before the TCEQ. Since October 2004,the City has met with representatives from the Wylie Northeast Water Supply Corporation to craft an agreement that would resolve this issue as well as forge a long term relationship between both parties. The agreement basically establishes a mechanism as the City expands through annexation, that the area Wylie Northeast Water Supply Corporation currently operates be controlled by an established board. This board would hear the case in question and determine the outcome. If this avenue was unsuccessful, the case would go to mediation with TCEQ to carry out the process. This agreement also establishes in written form, the process the Corporation must follow when it expands or moves their utilities within the City's ETJ. They must first seek review from the City and if the City, within 30 days chooses, they may request larger lines, with the City providing the cost. Mr. Roath explained that this agreement also allows for emergency interconnects to improve water situations and resolves the issue of the Corporation moving forward to become a SUD. The board would be made up of three members from the City and three members of the Water Supply Corp.. Council Discussion Mayor Mondy asked who would provide the sewer for these areas. Mr. Roath explained that the water would be read by the Water Supply Corp. and sent to the City for billing. The City would bill for the sewer. He explained that City staff and the Water District were working on an agreement for cut off capabilities from both parties for more continuity. There is also a provision in the agreement presented for review of improvements made within the City's ETJ requiring the Water Supply Corp. to follow the City standards that were adopted on April 12, 2005. A copy has been furnished to the Corporation, outlining those standards. Councilman Porter asked if there was an interconnect agreement with the Corporation for cases of emergency. Mr. Chris Hoisted stated that there was in this agreement. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to approve a Retail Water Service Area Agreement between the Wylie Northeast Water Supply Corporation and the City of Wylie. A vote was taken and passed 6-0 with Councilwoman Allen absent Minutes—May 24,2005 Wylie City Council Page 4 WtatCliaRTE : AR:TIVL.Pilib:::SEAT ..:................................................................................... City Secretary Carole Ehrlich read the caption to Ordinance No. 2005-19 option#1 into the official record. Al JOU 0.1ME With no further business before Council, a motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to adjourn the meeting a 7:18 p.m. A vote was taken and passed 6-0 with Councilwoman Allen absent. John Mondy, ayor ``ttttttttnIl,,,� ATTEST: _. t s • S r..l'I role Ehrlich,Ci 'tart' :„E, i lj` ``` Minutes—May 24,2005 Wylie City Council Page 5