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06-14-2005 (City Council) Minutes MINUTES Wylie City Council Tuesday, June 14, 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 Tem Eric Hogue, Councilwoman Reta Allen, Councilman Earl Newsom, Councilman Merrill Young, Councilman Rick White, and Councilman Carter Porter. Staff present were: City Manager, Mark B. Roath; City Engineer, Chris Holsted; Planning & Zoning Director, Claude Thompson; Assistant Finance Director, Ron Hutchison; Public Services Director Mike Sferra;Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. Councilman Newsom gave the invocation and Councilman Porter led the Pledge of Allegiance. P.ROCL A:00$ A P R T Tfl i • 6th Six Weeks Star Students Mayor Mondy and Mayor Pro Tern Hogue presented Certificates to students nominated for the character trait of"Citizenship". Mayor Mondy and Mayor Pro Tem Hogue also recognized two students, Ashlee Barone and Kendall Bates recipients of a Good Citizenship Patriotic Certificate and Medal presented by the Rockwall Chapter of the Daughters of the American Revolution(DAR). lTl7 `DNS PARTi PAT` Q .. There were no citizens present to address Council under Citizens Participation. l ,. .endar::are consi l d:to:be:routme:b:::the Ci Cii ncil:::azul::wills:: en ed: ;��ll;;z��::) ��:u�cier:::t1z�;�Ge�se?ct...... .......................:... :....::. :: ::�':: �'.:::::: : .... .:..:..........::....:.. ......::::. .........:;..:..:.::;.:...:.:...., .e.......a..::.disc is'si........ :be ate;: en>;is clikiissiOn::xC :.:..:::_::;....::tt ::> :::.: :be:; iNidered p:;;;: t':» >< E<» > € €€r< > < >N.::giNigiPi i < ireitid�ed>frvt�ii>t�e' tsA:<.>: .: itt' IIUee�ns. .... ...... A. Approval of the Minutes from the regular City Council Meeting of May 24, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon a Preliminary Plat for Lost Acre Addition. Subject property being a 3.00 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, generally located on the SEC of Brown Street and Country Place Lane(Private Rd. 5459). (C. Thompson,Planning and Zoning Director) C. Consider and act upon a Final Plat for Birmingham Ranch Addition, generally located west of Parker Road and north of Brown Street. (C. Thompson,Planning and Zoning Director) Minutes—June 14,2005 Wylie City Council Page 1 D. Consider and act upon a Final Plat for McMillen Ranch Addition. Subject property being a portion of that called 112.1246 acre tract conveyed to Campbell/Wylie Partners, generally located at the northeast corner of McCreary Road and McMillen Road. (C. Thompson, Planning and Zoning Director) E. Consider and act upon a Final Plat for the Southbrook Phase II Addition. Subject property being a 40.6225 acre tract of land situated in the D.W. Williams Survey, Abstract No. 980 and being a portion of a tract of land conveyed to Beazer Homes of Texas, L.P., generally located north of Elm Street, east of Ballard Street. (C. Thompson, Planning and Zoning Director) F. Consider and act upon a request from the following groups to sell items at the Summer Concert Series: Wylie Chamber of Commerce, Friends of the Smith Library, Wylie Teens that Care, Lions Club of Wylie, Blackland Prairie Playground Foundation and the Downtown Merchants Association. (R. Diaz,Asst. Superintendent,Parks and Recreation) G. Consider and act upon authorizing the Mayor to execute amendment No. 2 for the Agreement with Birkhoff,Hendricks, & Conway, L.L.P. for the Alanis Drive Paving project in the amount of$15,400.00. (C.Hoisted, City Engineer) H. Consider and act upon approval of a Texas Municipal Clerks Certification Repayment Agreement between the City of Wylie and Gayle Walton. (C. Ehrlich, City Secretary) I. Consider and act upon the approval of a Police Recruit Employment Agreement between "- Mark R. Howeth and the City of Wylie. (J. Butters,Police Chief). Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to remove Item D from the Consent Agenda and move to Individual Consideration due to the withdrawal of the final plat by the applicant. A vote was taken and passed 7-0. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve Items: A, B, C, E,F, G,H. and I as presented. A vote was taken and passed 7-0. D. Consider and act upon a Final Plat for McMillen Ranch Addition. Subject property being a portion of that called 112.1246 acre tract conveyed to Campbell/Wylie Partners, generally located at the northeast corner of McCreary Road and McMillen Road. (C. Thompson, Planning and Zoning Director) Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to accept the withdrawal of the Final Plat, by the applicant, for McMillen Ranch Addition, subject property being a portion of that called 112.1246 acre tract conveyed to Campbell/Wylie Partners,generally located at the northeast corner of McCreary Road and McMillen Road. A vote was taken and passed 7-0. (Letter of withdrawal placed in file) Minutes—June 14,2005 Wylie City Council Page 2 PUBLIC HEARINGS 1. Hold a public hearing and consider and act upon an Ordinance adopting a change in zoning to amend the Planned Development District (PD 01-14), generally located on the southwest corner of Ballard Avenue and Brown Street. ZC 2005-11. (C. Thompson, Planning and Zoning Director) Staff Comments Planning&Zoning Director Thompson addressed Council stating that the subject property was platted as Lot 17, Block 3 as the Brown and Burns Addition,one of the oldest subdivisions within Wylie. The lot is 65 feet wide and 125 feet deep, totaling 8,125 square feet in size. The lot is occupied by a building of 3,386 square feet under roof (2,772 square feet air conditioned),which is currently vacant but was previously used as a combined single-family residence and personal services use (photography studio). In March 2001, the City Council approved a Planned Development District (PD 2001-14) to allow the design of the structure and mixture of residential and nonresidential uses. At that time, the property was zoned Single-Family Residential (SF-3) under the previous Zoning Ordinance,which did not permit mixed uses except by Planned Development District. Council Discussion Mayor Mondy asked Mr. Thompson why this issue was before Council with the applicant currently occupying the building. Mr. Thompson replied that to his knowledge, the building was having some work performed but no one was occupying the building at this time and no CO had been issued. Mayor Mondy then asked if the drainage issue had been resolved. Mr. Thompson replied that he thought it had been but the City Engineer could best answer that question. Councilman Newsom then asked if the applicant was present. Mr. Thompson replied that he was not. Public Hearing Mayor Mondy opened the Public Hearing on Zoning Case#2005-11 at 6:22 p.m. With no one present to address Council, Mayor Mondy closed the Public Hearing at 6:22 p.m. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to deny Zoning Case #2005-11 due to issues with traffic and drainage. A vote was taken and passed 7-0. 2. Hold a public hearing and act upon an Ordinance approving a change in zoning from Agriculture (A) to Planned Development (PD) District for single-family residential uses, property being generally located in the northwest corner of F.M. 544 and Vinson Roads. ZC 2005-13 (C. Thompson,Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the property totals 185.1449 acres,west of F.M. 544 and north of Vinson Road. The property was annexed into Wylie on September 28, 2004, and is zoned Agriculture(A) as a holding district until appropriate urban uses are requested. Mr. Thompson explained that this application does not conform to the Comprehensive Plan which requires seventy two percent of the property to have 10,000 sq. ft. minimum lot size and twenty eight percent to have 1 acre lots or greater. The Planned Development zoning is not justified and the applicant has not demonstrated why development cannot be accomplished through standard zoning. The request offers limited innovations other than reduction of regulations Minutes—June 14,2005 Wylie City Council Page 3 of the adopted Comp Plan and code, and the property reflects no physical constraints requiring variance from the Plan or code. The property was previously occupied by a rural homestead. The Planning& Zoning Board has required certain stipulations be met before approval: 70%of the lots must be 10, 000 sq. ft. or larger with an additional 10% of those being larger than 12,000 sq. ft., first floor of 2-story dwellings be not less than 60%of total square footage, and all roofs shall have architectural grade shingles. Proposed tonight,the applicant is asking for a minimum lot size of 7,500 sq. ft. for 28% of the development. Notification/Responses — Of five (5) notifications mailed, one (1) written response opposed to the request was received (and that from beyond the notification area). Mr.Thompson explained that this case requires a simple majority vote of Council to approve. Applicant Comments Mr. Ryan Betz representing Skorberg Company addressed Council stating that he appreciated the opportunity to address Council again. Mr. Betz explained that there were several revisions to the development previously explained by Mr. Thompson. He explained the difference between straight zoning and planned development options. At a medium density 72% of the property yields 400 homes. At a low density residential (.8 density) yields 40 additional homes. That would bring the total homes to 440. He added that he came up with a plan that has all 10,000 sq. ft. lots under straight zoning. He explained the difference in amenities and the loss of those through an application of straight zoning. Mr. Betz stated that with the Planned Development, Skorberg could offer more amenities and a better community. There would be 70% of lots at 10,000 sq. ft. with 10% of those being 12,000 sq. ft. or larger. The remaining lots would be between 7,500 and 10,000 sq. ft. with a minimum house size of 2,400 sq. ft. He rebutted the comment regarding lack of innovation by stating that the property does offer many innovations including a 28 acre park, trails, a berm, curve alignment on Elm, amenity center, streetscapes and the preservation of existing greenbelts and a total of 449 homes. Some of the constraints of the property include the manufactured housing to the east,and the power lines that run through the property. Council Discussion Mayor Pro tem Hogue asked why the concern with the power lines. Mr. Betz stated that controversy over power lines could cause loss of sales. City Manager Roath asked which plan from the handouts was Skorberg Company applying for. Mr. Betz stated that the PD changes after the meeting with P &Z was the plan he was requesting. Mr. Roath then asked if the drainage issue had been addressed. Mr. Betz stated that this presentation included the detention of water. Mayor Mondy asked Mr. Betz why the Alanis extension was removed. Mr. Betz replied that the extension was removed back in the fall of 2004 because residents were concerned with the impact that Alanis extension would have. He explained that at that time he showed some commercial, townhouse and some multi- family which he proposed to be associated with two intersections in Wylie. (Alanis and FM 544). Once discussion started with concerns by the Pullium and Bates properties, Skorberg removed those aspects from the plan with only residential uses with Stone and Elm for access. Mayor Mondy asked Mr. Betz if he was stating that Alanis was not needed. Mr.Betz replied yes he felt the City needed this for that area but not through this residential area. Mayor Pro Tem Hogue asked why this was not appropriate. He stated that Option#2 (through the Rice Property) of the option hand out given to council at the beginning of the meeting was the best option in his opinion. Councilman Newsom asked Mr. Betz if he was locked into the 2,400 sq. ft. house minimum. Mr.Betz stated that at the moment he could not commit to more due to the builder not being present. Mayor Pro Tern Hogue stated that he would like to see some discussion regarding the Alanis extension before action is taken on the issue and would like larger lots and larger home size. Councilman Newsom stated that he would like to see a minimum house size on the 7,200 sq.ft. lots of 2,600 sq.ft,the 10,000 sq.ft., lots to include a minimum house size of 2,800 sq. ft., and for lots of 10,000 sq. ft. and 12,000 and above, a minimum house size of 3,000 sq. ft. Mr. Betz stated that he would like some time to re-address the Alanis extension. Public Hearing Mayor Mondy opened the Public Hearing on Zoning Case#2005-13 at 6:55 p.m. Nancy Hansen, residing at 806 Meadow, Wylie, TX., addressed Council, stating that the proposal tonight sounds good. She offered concern regarding the 20 foot setback stating that it should be deeper to allow cars to park in drives and not on the streets and 7 ft. side setback due to water/fire issues. Minutes—June 14,2005 Wylie City Council Page 4 Marvin Fuller, residing at 355 Donna, Wylie TX. addressed Council stating that he had concerns regarding infrastructure with Alanis not completed, additional manufactured home in the expansion area and the Centex development will put a strain on the infrastructure. He stated that the Alanis extension would enhance access in and out of the area. Red Byboth residing at 2722 N. FM 544 addressed Council stating that he was the only P & Z Commission member since the inception of this application. (Rice Tract) He stated that he was in favor of the PD because it was much more atheistically pleasing to the area than straight zoning. He also stated that with the builders that were being proposed, a 2,400 sq. ft. home of quality construction was a better idea than a lower end builder coming in with straight zoning. He stated that this proposal would be a very pleasing development. Mr. Byboth also stated that he was disturbed about the option proposal for Alanis not being presented to the Planning and Zoning Commission. Brent Bates residing at 1340 FM 544, Wylie, addressed Council stating that in regard to the Alanis issue, wherever it falls would have an impact on his property. He stated that densities were not an issue but the quality of what Skorberg Company was now presenting was much better. He stated that the higher scale house was of most importance to him, including builders, fencing and all other aesthetics to the property. Ryan Betz requested the tabling of this item in writing and presented to Council to allow time to address some of the issues discussed Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Porter to table Item #2, Zoning Case#2005-13 to the July 26, 2005 Council Meeting and continuation of this Public Hearing to the July 26, 2005 Council Meeting to obtain more information from the developer and staff. A vote was taken and passed 7-0. 3. Consider and act upon awarding a bid in the amount of $26,940.00 to Air Cleaning Technologies, Inc. for the purchase and installation of vehicle exhaust venting systems at both fire stations. (S. English, Fire Chief) Staff Comments Fire Chief English addressed council stating that competitive sealed bids have been solicited, in accordance with Chapter 252 of the Local Government Code, for the purchase and installation of vehicle exhaust venting systems at both fire stations. Council approved an allocation of$58,000.00 for this purchase in the Fire Department's 2005 operating budget. Two vendors have submitted bids based on the total turnkey project cost for both stations. The Fire Department has evaluated the systems proposed by the low bidder and determined that this bid provides the best value for the City. The bids are as follows: Air Cleaning Technologies, Inc. -$26,940.00 DCS Solutions LLC-$42,900.00 Minutes—June 14,2005 Wylie City Council Page 5 Council Discussion Mayor Mondy asked Chief English what other cities installed these vehicle exhaust venting systems. Chief English replied that most all of the surrounding cities installed these devices. Council Action A motion was made by Councilman Young, seconded by Councilman White to award a bid in the amount of$26,940.00 to Air Cleaning Technologies, Inc. for the purchase and installation of vehicle exhaust venting systems at both fire stations. A vote was taken and passed 7-0. The other bid submitted was from DCS Solutions LLC in the amount of$42,900.00. 4. Consider and act upon a request, in the amount of $35,000.00, from Blackland Prairie Playground Foundation to fund the remaining cost of constructing the Pirate Cove Playground in Founders Park. (L. Williamson, Finance Director) Staff Comments Assistant Finance Director Hutchison addressed Council stating that Mrs:Anne Hiney had raised in excess of $87,000 from private and corporate contributions through the Blackland Prairie Playground Foundation to build the Pirate Cove Playground in Founders Park. The project is completed. However, a number of invoices remain outstanding in the amount of$35,000. Mrs. Hiney is requesting that the City of Wylie contribute the remaining funds. Foundation Director/Council Discussion Mayor Mondy explained to Council that they had received some financial information regarding the Blackland Prairie Foundation's expenditures and revenues. He stated that this same information had been submitted to the City Attorney regarding the legality of City expenditures to non-profit organizations. He requested Council's support in tabling this item until further information could be received. He explained that since there were citizens present to address Council on this item,he would ask that they come and speak on the issue Ann Hiney,Foundation Director addressed Council stating that the foundation was requesting assistance from the City of Wylie in paying outstanding bills from the playground build at Founders park. She stated that the foundation had raised over$90,000. in revenues and in-kind services but had fallen short of the expenditures for supplies for the playground. She stated that the foundation would continue fundraising to assist in the outstanding balances. She stated that the lumber which was the largest cost was bid by three companies. She also explained that because this project had been set back so many times,the committee felt it needed to go forward to secure the assistance needed to complete the project. Ms. Hiney explained that the playground is an asset to the community and the master plan called for a playground at Founders Park, therefore she felt the money requested was only a small portion of the entire project which would be deeded to the City. Mayor Mondy asked why the foundation choose to go forward with a project that was not completely funded. Ms. Hiney stated that she took advice from others that if they built the project, the money would come in. Mayor Mondy asked if the foundation had a marketing plan in the event the City did not donate monies. Ms. Hiney stated that they would continue fundraising. Councilwoman Allen stated that her recollection was that if the full amount of money was not raised, the foundation would downsize the playground to accommodate the shortfall instead of moving forward with the entire project. Mayor Mondy stated that he felt the Council should wait until the opinion of the City Attorney was received before taking action. Mayor Mondy asked Ms. Hiney to present to Council a marketing plan to raise funds to pay for the debt and the tax return for 2004 for the 501 C(3). Minutes—June 14,2005 Wylie City Council Page 6 Citizen Comments Several citizens were present to address Council regarding the Pirate Cove Playground/Blackland Prairie Foundation. Some of the issues were: support'for the project as a family/community support issue, in favor of the playground but not in favor of taxpayer funds reimbursement through the City;and the park is a wonderful asset to the community and should be supported. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to table action on Item #4, to the July 12, 2005 Council Meeting, to allow time to obtain more information from the City Attorney and the Blackland Prairie Playground Foundation Director. A vote was taken and passed 7-0. . .. ..."' : :TITS: :: : :. .. <::< ' 'PROVED B<SY:::` O 7 0. iM There were no ordinances passed to read into the official record. AI JOUR.111 NI` ... With no further business before Council, Mayor Mondy adjourned the meeting at 7:45 p.m. Consensus of Council was to adjourn. `����lilil►l►iii�� hn Mon y,Ma or •. ,. ATTEST: �. , • • .,^ :, G; rc _= � I. L . (/' • ti Carole Ehrlkh,City Secretary '/ii I/IE, O'\```�� Minutes—June 14,2005 Wylie City Council Page 7