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06-28-2005 (City Council) Minutes MINUTES Wylie City Council Tuesday, June 28, 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 Tern 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 Hoisted; Planning &Zoning Director, Claude Thompson; Finance Director, Larry Williamson; Public Services Director Mike Sferra; Police Chief, Jeff Butters; Assistant Fire Chief, Noe Flores; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Reverend Chuck Hubbard with the Gloria Deo Lutheran Church gave the invocation and Councilman Young led the Pledge of Allegiance. CITIZENS PARTICIPATION Red Byboth residing at 2722 W. F.M. 544, Wylie, Texas addressed Council stating that the proposed bond issues and recommendations that will be presented to Council by the CBAC should all be considered. He explained that if Wylie was to be a community with quality homes on large lots, the City needed to put infrastructure and buildings in place that would complement this type of community. He asked Council to consider all recommendations by the CBAC to move forward to the November 8,2005 Bond election. 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 June 14, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon approval of a Resolution authorizing the application for a Collin County Park and Open Space Grant for the purpose of improving Joel Scott Park. (M. Sferra, Public Services Director) C. Consider and act upon approval of amending the Reimbursement Agreement with the Estates at Creekside Phase III Development,Inc.,in the amount of$8,502.50,for the development of a park in Creekside Estates. (M.Sferra,Public Services Director) D. Consider and act upon approval of a Final Plat for the Creekside Estates Phase IV Addition, generally located east of McCreary Road and north of McMillen Road. (C. Thompson, Planning and Zoning Director) Minutes—July 28,2005 Wylie City Council Page 1 E. Consider and act upon,Amending Section 5(b)and Exhibit A of the Agreement for Legal Services with Abernathy, Roeder, Boyd and Joplin, P.C., relating to billing rates, to be effective July 1, 2005. Council Action A motion was made by Mayor Pro Tem Hogue,seconded by Councilman Porter to approve the Consent Agenda with one correction to the minutes; striking the wording from Item#2 (page 3), paragraphs one and two to read F.M. 544 rather than South Stone Road(old F.M. 544).A vote was taken and passed 7-0. INDIVIDUAL CONSIDERATION PUBLIC HEARINGS 1. Hold a public hearing and act upon a change in Zoning from Agriculture (A) District to Planned Development (PD) District for Commercial uses. Zoning Case 2005-10. (C. Thompson, Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the property totals 2.138 acres in two separate parcels, west of Country Club Road (F.M. 1378) and south of Parker Road (F.M. 2514). This includes stipulations requested by the Planning and Zoning Commission and includes item B-1-n.These items usually accepted by SUP will be accepted by right if this ordinance passes. Planning and Zoning Commission recommended approval and this requires a simple majority vote of Council to approve. Public Hearing Mayor Mondy opened the Public Hearing at 6:10 p.m. With no one present to address Council,Mayor Mondy closed the Public Hearing at 6:10 p.m. Applicant/Council Discussion Thomas Glendeaning(applicant)residing at 6350 LBJ Freeway,Dallas Texas addressed Council stating that the site before you tonight is a retail site. With this application and subsequent approval,the applicant promised to only construct class A retail. He presented Council with a conceptual drawing of what they planned to construct on this site. He explained that a portion would be allocated for a financial institution. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance #2005-25, Zoning Case#2005-10 with the stipulations recommended by the Planning and Zoning Commission and adding Special Conditions (Item n.) adding Dry Cleaning or Laundry, Drop-Off or Self Service (On-Site Dry Cleaning). A vote was taken and passed 7-0 2. Hold a public hearing and consider and act upon the withdrawal of a change in zoning to provide a Specific Use Permit (SUP) for an Indoor Commercial Amusement within the Corridor Commercial(CC)District. Zoning Case 2005-12. (C Thompson,Planning and Zoning Director) Minutes—July 28,2005 Wylie City Council Page 2 Staff Comments Planning and Zoning Director Thompson addressed Council stating that the applicant has decided not to move forward with the development, and requests the zoning case be withdrawn from consideration. However,because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen to comment, and then consider the applicant's request for withdrawal. Public Hearing Mayor Mondy opened the Public Hearing at 6:14 p.m. With no one present to address Council,Mayor Mondy closed the Public Hearing at 6:14 p.m. Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to accept the withdrawal by the applicant of Zoning Case#2005-12. A vote was taken and passed 7-0.(Letter of withdrawal on file) INDIVIDUAL CONSIDERATION 3. Consider and act upon a request by Mike Douglas for shared parking on existing retail property at 1000 State Highway 78. (C. Thompson,Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the property at 1000 State Highway 78 consists of two parcels which together total just less than one acre. The property was annexed into the City of Wylie in 1984,but has never been developed as a single lot of record. It was developed in 1987, in apparent compliance with the code at that time. Development consists of 2 buildings totaling approximately 14,000 square feet and common parking between the buildings providing approximately 33 spaces. The existing development reflects an industrial/heavy commercial construction within a zoning district which allows lighter retail uses. The applicant desires to lease the buildings to a pawn shop and a dance studio, both of which are being relocated from other locations within Wylie due to their growth. Both uses are allowed by right within the Corridor Commercial (CC) District. These two proposed uses require a total of 59 parking spaces. The owner/applicant maintains an office and manufacturing business within a portion of the structures which requires 7 parking spaces. This is a total parking requirement of 67 spaces or 34 more spaces than are currently provided on the site.The first application was submitted for the pawn shop and the second for the dance studio. If Council does not approve the parking variance,the pawn shop will have required parking and be accepted and the dance studio will find another location. Applicant/Council Discussion Mike Douglas(applicant)residing at 5113 Heritage, Sachse,Texas addressed Council stating that he could work with the applicants regarding an overlap of times open. He explained that the only additional parking he could provide would be four additional parking spaces,which would reduce the required landscaping. He stated that he had retail tenants in these buildings for the past five years with no issues regarding parking.On the other hand,one additional industrial business was located there in the past year and burdened the parking greatly. He explained that each applicant is special to parking requirements and needs to be addressed by Council individually. No motion or action was taken by Council on this item Minutes—July 28,2005 Wylie City Council Page 3 4. Consider and act upon the appointments of Wylie Boards and Commission Members for 2005-2006. (C.Ehrlich, City Secretary) Summary An interview panel, consisting of three council members,was used to conduct interviews of all applicants and conducted forty interviews. The applicants consisted of twenty-six new applicants and fourteen current members seeking reappointment. Mayor Pro Tern Hogue, Councilman Young, and Councilman Newsom presented the recommended list of applicants for the 2005-06 fiscal year.Nominations were as follows: Parks &Recreation Board: re-appoint; Dan Chesnut, Brandi Lafleur, Ronnie Rogers and appoint Bennie Jones replacing Frankie Delgado. Planning & Zoning Commission: re-appointment of Red Byboth, and the appointment of Joel Hemphill to replace Don Hughes and Jamie Gregg to replace Kathy Spillyards. Library Board: reappointment of Valli Hoskik, Shirley Burnett, Joe Murphy and the appointment of David James to fill the vacant position. Construction Code Board: re-appointment of Steve Repasky, Frank Spingola and the appointment of Eric Brown to replace Mike Phillips and Scott Henry to replace Jerry Coombs. Zoning Board of Adjustments:re-appointment of Weldon Bullock,Jan Sargent and Linda Jordan. Parks and Recreation 4B Board: the re-appointment of Shirley Burnet, Dan Chesnut, Anne Hiney, Mayor Pro Tern Hogue,and Councilman Merrill Young and Councilman Rick White to fill the two vacant positions. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve the recommendations from the Wylie Boards and Commission Interview Panel for expiring board positions. A vote was taken and passed 7-0. 5. Consider and act upon an Ordinance establishing Rules and Regulations for Special Events; providing for a permit fee; providing for the issuance and revocation of permits; providing for a penalty for the violation of this Ordinance. (J.Butters,Police Chief) Staff Comments Police Chief Butters addressed Council stating that currently the City of Wylie does not have an ordinance to define and regulate special events.When confronted with special events in the past staff has relied on the street closure ordinance.The street closure ordinance was designed for block parties and does not address many issues involved with special events. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilwoman Allen to approve Ordinance #2005-27 establishing Rules and Regulation for Special Events' providing for a permit fee; providing for the issuance and revocation of permits; and providing for a penalty for the violation of this Ordinance. A vote was taken and passed 7-0. 6. Consider and act upon an Ordinance amending Ordinance No. 78-17, Article I (General Traffic Regulations)Section 1 -Definition of Terms;Article I(General Operation of Vehicles)Section 16— Parades and Processions, and establishing Rules and Regulation for Parades. (J. Butters, Police Chief) Minutes—July 28,2005 Wylie City Council Page 4 Staff Comments Police Chief Butters addressed Council stating that Wylie's current parade ordinance needs to be up-dated to include issues that may arise when someone wants to have a parade. The amended ordinance will define a parade and exemptions, establish rules and regulations,and establish a permit process. Council Action A motion was made by Mayor Pro Tem Hogue,seconded by Councilman Young to approve Ordinance#2005- 28 amending Ordinance No. 78-17, Article I, Section 1- Definition of Terms; Article I (General Operation of Vehicles) Section 16-Parades and Processions,and establishing Rules and Regulations for Parades.A vote was taken and passed 7-0. 7. Consider and act upon the approval of an Ordinance prohibiting skates,skateboards and manually propelled scooters on the sidewalks along Ballard Street between Highway 78 and Brown Street. (J.Butters,Police Chief) Staff Comments Police Chief Butters addressed Council stating that the City of Wylie has received complaints from business owners along 200 N Ballard Street concerning skateboards on the sidewalks. The problem has been skateboarding on sidewalks and disrupting pedestrian traffic.There has also been an issue of ramping skateboards up onto the benches and disfiguring the benches.The skateboards are being used for amusement instead of transportation.The use of skateboards for amusement along North Ballard Street is not compatible with the high pedestrian use of the area. Council Discussion Councilman Newsom asked Chief Butters if approved, would signs be posted in the Ballard Street area to warn skateboarders of these restrictions. Chief Butters replied yes signs would be posted. Mayor Mondy asked what the difference was in riding a bike or skate boarding in this area. Chief Butters explained that the difference was that skateboards were used primarily for display and this was a safety issue with pedestrians. Mayor Mondy asked if this ordinance would be enforceable. Chief Butters stated because the ordinance was specific to an area, it could be enforced. Mayor Mondy asked if a skateboard park was in the bond issue. Councilwoman Allen stated that there needed to be an area for the skateboarders to utilize. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to approve Ordinance #2005-26 prohibiting skates,skateboards and manually propelled scooters on the sidewalks along Ballard Street between Highway 78 and Brown Street.A vote was taken and passed 7-0. 8. Consider and act upon an amended contract between the Southeast Collin County EMS Coalition and East Texas Medical Center for Paramedic Ambulance Services. (S.English,Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that the City of Wylie entered into an interlocal cooperative purchasing agreement for ambulance services with the cities of Collin County,St.Paul,Murphy,Lucas,Lavon and Parker. This interlocal agreement established the ad hoc Southeast Collin County EMS Coalition. The construction of the original contract originated in 1998. Since 1998,the agreement has been amended at regular intervals to ensure the best agreement possible between the City of Wylie and ETMC. The changes of the proposed amended contract are for the protection of coalition members and to benefit citizens of the coalition by providing additional ambulance services. Minutes—July 28,2005 Wylie City Council Page 5 Council Discussion Councilwoman Allen asked Chief Flores if Wylie was going to cover Murphy after 6:00 p.m. Captain Ballard replied yes it would be the same with coverage after 6:00 p.m. The only change to the existing contract would be to increase by one ambulance during busy hours. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve an amended contract between the Southeast Collin County EMS Coalition and East Texas Medical Center for Paramedic Ambulance Services. A vote was taken and passed 7-0. 9. Consider and act upon approval of an Ordinance establishing a Local Comprehensive Emergency Management Plan. (S.English, Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that the City of Wylie should have a comprehensive emergency management plan that is independent of Collin County according to DEM 10. The recommended ordinance is from a template created by the state to establish an emergency management program. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Ordinance#2005- 29 establishing a Local Comprehensive Emergency Management Plan.A vote was taken and passed 7-0. 10. Consider and act upon approval of a Resolution adopting the implementation of the National Incident Management System (NIMS)for the City of Wylie. (S.English,Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that Homeland Security Presidential Directive 5 establishes the system as the national standard and the National Commission of Terrorist Attacks recommended the adoption of a standardized Incident Command System.Communities are federally required to be NIMS compliant by 2006. The City of Wylie should have a resolution adopting NIMS. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Resolution #2005-21 (R)adopting the implementation of the National Incident Management System(NIMS)for the City of Wylie. A vote was taken and passed 7-0. 11. Consider and act upon approval of the Statement of Agreement between the American Red Cross— Dallas Chapter and the City of Wylie. (S. English,Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that the federal government has established the Red Cross as Emergency Service Function 6 to help in response to disasters. They were also chartered by Congress as the primary disaster relief agency in the United States. The Red Cross will provide training for volunteers and background checks free of charge to the city.The City of Wylie should have a Statement of Agreement with the Red Cross to provide shelters and Minutes—July 28,2005 Wylie City Council Page 6 other services during a disaster. A copy of the recommended Statement of Agreement is attached. This came from the American Red Cross-Dallas Area Chapter. The Red Cross has been designated as Emergency Service Function 6 per the federal government. Council Discussion Councilman Porter asked if there was any difference between using the Red Cross or the local Salvation Army. Chief Flores replied that there was not. He suggested having an agreement with both. Chief Flores explained that he would contact the Salvation Army and report back to Council. Council Action A motion was made by Councilman Young,seconded by Councilman White to approve an agreement between the American Red Cross-Dallas Chapter and the City of Wylie.A vote was taken and passed 7-0. 12. Consider and act upon an Interlocal Agreement between Wylie North East Water Supply Corporation and the City of Wylie for access to water towers for radio communications equipment. (S.English,Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that this agreement was still being considered by Wylie North East Water Supply Corporation and at present a final copy had not been supplied to the City of Wylie. In view of this,Assistant Chief Flores asked that the item be removed from consideration and brought back at a later date. Council Action A motion was made by Young, seconded by Mayor Pro Tern Hogue to withdraw Item#12 from the agenda due to agreement issues still being considered. A vote was taken and passed 7-0. 13. Consider and act upon approval of an Interlocal Agreement for Public Safety GIS between Collin County and the City of Wylie. (S.English,Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that the City of Wylie is rapidly growing creating an ever changing map base. Without a full-time GIS person constantly updating maps for emergency responses, it is necessary to contract outside the city for these services. Collin County's GIS Department has over thirteen years of experience creating, updating and managing spatial information. Collin County GIS proposes to support the City of Wylie by creating, managing and mapping specific spatial layers to aid in service to our constituents. The goal of this effort is to ensure the City of Wylie has the most current geographic information at their disposal. Council Discussion Councilman Young asked if the passage of this shared system would have any effect on the City's ISO rating. Chief Flores replied that it would not Council Action A motion was made by Councilmen Newsom, seconded by Councilman White to approve an Interlocal Agreement for Public Safety GIS between Collin County and the City of Wylie. A vote was taken and passed 7-0. Minutes—July 28,2005 Wylie City Council Page 7 14. 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 and Kreymer Road. (J. Bray, Building Department Director) Staff Comments Building Inspections Director Bray addressed Council stating that D. R. Horton Homes has 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.This item was previously denied by Council and has been resubmitted at another location closer to the intersection. Art work on the proposed sign has also been changed. Council Discussion Councilman Newsom asked Mr. Bray how far the applicant had moved the proposed signage. Mr. Bray replied that they had moved it to the intersection. Councilman Young asked about the maintenance of the sign. Mr. Bray replied that the permit would be for 2 years and during that time the applicant would be responsible for maintenance to the signage. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilwoman Allen to approve a request from D.R. Horton Homes to install a kiosk sign for off premise advertisement located at the corner of Highway 78 and Kreymer Road. A vote was taken and passed 7-0. 15. Consider and act upon a request from Watermark Development to install three separate signs for off premise advertisement located periodically along F.M. 544. (J. Bray, Building Department Director) Staff Comments Building Inspections Director Bray addressed Council stating that Watermark Developments has requested the City Council's approval of three off premise temporary directional signs for the purpose of advertising subdivision development known as the Watermark project. Section 11.A of the adopted sign ordinance requires the sign design and location to be approved by the City Council. Applicant/Council Discussion Mayor Pro Tem Hogue asked why the application required so many signs. Mr. Skip Klinefelter (applicant) addressed Council stating that the development was in an obscure area of Wylie near Lake Ray Hubbard. He explained that there were large homes on very large lake front property that was very difficult for prospective builders,real estate agents, and buyers to locate. He stated that he needed them at least until the lots were sold to 80%. He explained that Watermark would maintain these signs. He stated that he had contracted 20 homes at this time and the builders contracted would build half million dollars homes.City Manager Roath asked if the signs would block vision. City Engineer Hoisted stated that he would work with the applicant on this issue regarding location. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve a request from Watermark Development to install three separate signs for off premise advertisement located periodically along F.M. 544. A vote was taken and passed 5-2 with Mayor Pro Tern Hogue, Councilwoman Allen, Councilman White, Councilman Young, and Councilman Porter voting for and Mayor Mondy and Councilman Newsom voting against. Minutes—July 28,2005 Wylie City Council Page 8 - READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary Carole Ehrlich read captions to Ordinance No.'s 2005-25,2005-26,2005-27,2005-28, and 2005- 29 into the official record. Same were published in the Wylie News July 6,2005 edition. Mayor Mondy recessed into Executive Session at 7:00 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,eLseq.,Texas Government Code,to wit: Section 551.072. To deliberate the purchase,exchange,lease or value of real property generally located at: • Discussion of the Right of Way on Ballard Ave Mayor Mondy reconvened into Open Session at 7:12 p.m. RECONVENE INTO OPEN SESSION Take any action as a result of Executive Session No action was taken as a result of Executive Session. ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the meeting at 7:13 p.m. Consensus of Council was to adjourn. z.` Jo n Mon y, or ATTEST: Carole Ehrlich, cretary Minutes—July 28,2005 Wylie City Council Page 9