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07-12-2005 (City Council) Minutes MINUTES Wylie City Council Tuesday, July 12, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor Pro Tern Eric Hogue called the meeting to order at 6:05 p.m. Council Members present were: Councilwoman Reta Allen, Councilman Rick White, and Councilman Carter Porter. Mayor John Mondy, Councilman Merrill Young,and Councilman Earl Newsom were absent. Staff present were: City Manager, Mark B. Roath; City Engineer, Chris Holsted; Planning & Zoning Director, Claude Thompson; Assistant Finance Director, Ron Hutchison; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Reverend Paul Castell of the Southfork Baptist Church gave the invocation and Councilman White led the Pledge of Allegiance. PROCLAMATIONS AND PRESENTATIONS • Presentation to Outgoing 2004-2005 Boards and Commission Members Mayor Pro Tern Hogue presented Certificates and Plagues of Appreciation to outgoing 2004-2005 Boards and Commission Members. OATH OF OFFICE • Administer Oath of Office to newly appointed and reappointed Board and Commission members. City Secretary Carole Ehrlich administered the Oath of Office to appointed and reappointed Boards and Commission members in attendance. Mayor Mondy arrived at 6:15 p.m. CITIZENS PARTICIPATION Dave Hennesey residing at 1308 Shelby Court, Wylie Texas addressed Council stating that he was in favor of all proposed recommendations made by the CBAC to be considered by the City Council. He explained that he felt the image that these new additions to the City would make, would have a very positive impact to the City and the residents and would attract quality custom home builders. Vicki Wilson residing at 7395 Moses Drive, Wylie Texas addressed Council requesting that Council consider the installation of lights at the WISD/City Tennis Courts. Minutes—July 12,2005 Wylie City Council Page 1 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 28, 2005 and Special Called Work Sessions of June 30, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon approval of a Replat for Wylie Hibernia Addition, generally located east of State Highway 78 and north of W. Kirby Street. (C. Thompson,Planning and Zoning Director) C. Consider and act upon awarding a contract, in the amount of $43,720.00, to Jim Bowman Construction for drainage improvements at Olde City Park. (M. Sferra,Public Services Director) D. Consider and act upon a request from the Tiara Totin Tootsies to sell tickets to a "Red Hat Society Chapter," event to be held at the Bart Peddicord Community Center on August 27, 2005. (R. Diaz,Asst. Superintendent,Parks and Recreation) Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Councilman Newsom and Councilman Young absent. INDIVIDUAL CONSIDERATION PUBLIC HEARING 1. Hold a public hearing and act upon Ordinance No. 2005-30 approving a change in zoning from Agriculture (A) District to Planned Development (PD) District for Single-Family Residential uses, subject property being generally located in the southeast corner of Brown Road and Kreymer Lane. Zoning Case 2005-05—Kreymer Tract. (C. Thompson,Planning and Zoning Director) Executive Summary Planning and Zoning Director Thompson addressed Council stating that the Comprehensive Plan recommends that the entire tract be developed as one acre lots. The requested smaller lots and residential density does not comply with this recommendation of the Comprehensive Plan. Planned Development zoning is not justified, as the PD offers no innovations in planning and design and the property exhibits no constraints to standard development practices, and it has not been demonstrated why development cannot be accomplished through the standard zoning district. Because the responses in opposition represent more than twenty percent (20%) of the total land within the legal notification area, a three-fourths(3/4, six members)majority vote of Council is required for approval. Applicant Comments Jerry Sylo of Jones & Boyd located at 17090 Dallas Pkwy., #200 Dallas, Texas, representing D. R. Horton (the applicant) addressed council stating that because there were only five of the seven seated Council present, he requested to table Zoning Case #2005-05 to the August 9, 2005 Council Meeting when a full council could be present, thus allowing a better chance for passage. (letter in file). Public Hearing Mayor Mondy opened the Public Hearing on Zoning Case#2005-05 at 6:25 p.m. Minutes—July 12,2005 Wylie City Council Page 2 Amy Tolleson residing at 1036 S. Kreymer, Wylie Texas and representing some of the residents in the proposed area presented a short presentation explaining why residents had concerns regarding the proposed planned development. With no one else present to address Council,Mayor Mondy closed the Public Hearing at 6:30 p.m. Council Discussion Mayor Mondy stated to Mr. Sylo that his impression of the proposed development was that this zoning would have a minimum of 10,000 sq. ft. lots, with a minimum home size of 2,400 sq. ft. Mr. Sylo explained that some lots are minimums of 8,500 sq. ft., due to the physical constraints of the property. The developer has agreed to construct an extra wide entry, leaving some shallow lots. Mr. Sylo explained that the northern property has problems with physical constraints but offered to look at these before the August 9,2005 meeting. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilwoman Allen to continue the Public Hearing and Table Item #1 (Ordinance No. 2005-30, Zoning Case 2005-05) to the August 9, 2005 Council Meeting by the request of the applicant due to the super majority vote needed by the Council for passage. A vote was taken and passed 5-0 with Councilman Young and Councilman Newsom absent. (Letter by applicant on file) INDIVIDUAL CONSIDERATION 2. Consider and act upon approval of Resolution No. 2005-22(R) approving an amendment to the City's Thoroughfare Plan and setting the alignment for Alanis Drive. (C. Hoisted City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the City's Thoroughfare Plan shows two major east-west roadways located south of Stone Road. Staff recommends these roadways be combined into one thoroughfare, which will connect to Alanis Drive in the Twin Lakes Subdivision. Three alignment options were presented to Council on June 30, 2005. Option#1 extends east across the Hood tract to FM 544, Option#2 extends east across the Hood and Rice tracts to FM 544, and Option#3 extends east across the Hood and Rice tracts to FM 544 generally at the Bozman Road intersection. Council Discussion Mayor Mondy asked Mr. Hoisted if Wylie Independent School District had been in contact with staff regarding the acquisition of land for a school. Mr. Holsted stated that they had not. Mr. Ryan Betz representing Skorberg Co., and the applicant for the Rice Tract, addressed Council stating that his company was in favor of Option#1. Mayor Mondy asked Mr. Betz if his company had been in discussion with WISD. Mr. Betz stated that they had and the desire of the school was to go with Option #1. He stated that the school was looking to construct an intermediate and possibly a junior high school. He explained that they did not want a thoroughfare coming through the development. Mayor Pro Tern Hogue asked Mr. Betz if WISD was now looking at two school sites rather than one. Mr. Betz stated that the elementary site would be only 12 acres. Mayor Mondy asked staff if anyone had been in contact with WISD. Staff members replied no. Mayor Mondy stated that the traffic would be the main issue of constructing schools on this site. Mayor Mondy stated again that he was in favor of Option#2 because of density issues with the Hood Tract and traffic issues needing to be addressed regarding the schools. Councilman Porter asked what the distance was on the Hood Property between Option #1 and Option #2. Mr. Hoisted replied that there was dollar difference between the two options going through the Hood Tract of around$250,000. Minutes—July 12,2005 Wylie City Council Page 3 Mr. Betz stressed that without some participation from the City regarding a change in zoning density or restructuring road obligations to compensate for the additional cost of running the roadway in option #2, his firm could not do this project and construct the road. Mr. Skip Klinefelter representing The Red Group and the Hood Property addressed Council stating that he would recommend taking the road equal distance between the tracts and all developers agreeing to reasonable size lots with progressive zoning. He stated that he believed this option would benefit all. He explained that he had been in contact with both Mr. Bates and Mr. Pullium and they were in agreement. Mayor Mondy asked Mr. Klinefleter what he considered reasonable lot size. Mr. Klinefelter stated that he would put the proportionate road into the Hood tract and would concede to a minimum of 10,000 sq. ft lots and minimum of 15,000 sq ft lots abutting FM 544, and will also put a minimum house size of 2,400 sq. ft. on the 10,000 sq ft lots and 2,600 sq. ft. house size on the 15,000 sq. ft lots. Mayor Pro Tern Hogue commented that this could not be put in the form of a motion tonight. Mayor Mondy commented that it could,at a later date,be agreed to in a development agreement. Council consensus was to allow staff to meet with developers,WISD and others involved to clarify this issue and bring back to Council. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Porter to table Item #2, the approval of Resolution No. 2005-22(R) approving an amendment to the City's Thoroughfare Plan and setting the alignment for Alanis Drive for up to 30 days, to allow staff time to consult with developers and WISD. A vote was taken and passed 5-0 with Councilman Young and Councilman Newsom absent. 3. Consider and act upon approval of Ordinance No. 2005-31 abandoning the alley rights-of-way within Block 32 of the Railroad Addition, generally located in the southeast corner of State Highway 78 and South Ballard Avenue, and authorizing the City Manager to negotiate the sale of said rights-of-way to abutting property owners in accordance with State Law. (C. Thompson, Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the subject property was created by platting of the Railroad Addition, one of the oldest subdivisions within Wylie. Block 32 of the Railroad Addition is located in the southeast corner of State Highway 78 and South Ballard Avenue, and is bounded on the east by First Street and the south by Butler Street. The block is dissected by two unimproved alley rights-of-way. One runs approximately 300 feet in a north-south direction parallel to Ballard Avenue and First Street, and the other runs east-west approximately 215 feet across the northern portion of the Block. The alleys are not required for public functions (if existing utilities are placed within easements), and the coordinated redevelopment of the block could encourage investment in the area and serve as an entry feature to the Downtown Historic District. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilwoman Allen to approve Ordinance No. 2005-31 abandoning the alley rights-of-way within Block 32 of the Railroad Addition, generally located in the southeast corner of State Highway 78 and South Ballard Avenue, and authorizing the City Manager to negotiate the sale of said rights-of-ways to abutting property owners in accordance with State Law. A vote was taken and passed 5-0 with Councilman Newsom and Councilman Young absent. 4. Consider and act upon authorizing the Mayor to execute a Change Order, in the amount of $307,220.65, to Site Concrete, Inc. for the construction of turn lanes and a traffic signal at the intersection of FM 1378 and Park Blvd. (C.Hoisted City Engineer) Minutes—July 12,2005 Wylie City Council Page 4 Staff Comments City Engineer Hoisted addressed Council stating that on January 13, 2005, the Texas Department of Transportation (TxDOT) approved a traffic signal warrant study for the intersection of FM 1378 and Park Blvd. Bucher, Willis & Ratliff Corporation was hired by the City to design the signal and associated roadway improvement as shown on the attached sketch. The project was submitted to Site Concrete for pricing and a copy of the proposal is in the Council packet. TxDOT will fund the entire cost of the project, however, the installation would not take place for at least two years. If the City funds the project, it can be installed in approximately 12 weeks. The 1999 Bond program included funds for intersection improvements such as traffic signals. Council Discussion Mayor Mondy asked why the cost was so high for a two to three year fix. City Manager Roath explained that this was a very dangerous intersection and needed to have a signal installed before TXDot was able to construct this project. Mayor Pro Tern Hogue stated that he would like to see the project done as close to the opening of school as possible. Councilman Porter stated that he thought the monies should be spent to allow safety at this intersection. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilwoman Allen to approve Ordinance No. 2005-31 abandoning the alley rights-of-way within Block 32 of the Railroad Addition, generally located in the southeast corner of State Highway 78 and South Ballard Avenue, and authorizing the City Manager to negotiate the sale of said rights-of-ways to abutting property owners in accordance with State Law. A vote was taken and passed 5-0 with Councilman Newsom and Councilman Young absent. 5. Consider and act upon approval of Ordinance No. 2005-32 adopting changes and additions to the Consolidated Fees and Charges Ordinance (Ordinance No. 98-16) for certain zoning and platting fees and development resource materials. (C. Thompson,Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the Consolidated Fees and Charges Ordinance (Ordinance No. 98-16) regulates the fees and charges which the City staff may charge for services rendered to the public. The proposed increase in planning-related application fees and charges for resources, as detailed in the proposed ordinance, will establish local fees comparable to regional averages. These new fees will become effective immediately. Council Discussion Mayor Mondy asked Mr. Thompson how he compiled the proposed fees. Mr. Thompson explained that it varied with the individual fee anywhere from one third to one half of what other cities charge. He also stated that currently there was a scale depending on size for zoning cases; this proposal would require one fee for all. Most cities charge on fee rather than measured by size. Site plan and plat review were based on required notifications and recovery of those costs. Mr. Thompson stated that these fees were based on fee comparison, case by case, not overall. Mayor Mondy asked Assistant Finance Director Hutchison if these fees should be based on profit or cost. Mr. Hutchison replied that there are numerous city services that are not full recovery charges. Mr. Thompson stated that one of the items included in the proposed changes was a charge for re-notification/publication of zoning cases of$200.00, which in the past had not been charged when items were tabled to another council meeting,thus requiring the re-notification and publication. He stated that overall, even with the proposed fee changes; the city was still billing one third lower than most other cities surveyed. Councilwoman Allen stated that she was concerned with regard to charging a $200.00 fee when at Council discretion, an item is tabled. She explained that she had no problem with charging the fee if the developer requested the tabling of the item. Mayor Pro Tern Hogue concurred with Councilwoman Allen. City Manager Roath stated that the rates should be at market to offset the cost to taxpayers for work performed for a particular development. Minutes—July 12,2005 Wylie City Council Page 5 Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Hogue to approve Ordinance No. 2005-32 adopting changes and additions to the Consolidated Fees and Charges Ordinance (Ord. No. 98-16) for certain zoning and platting fees and development resource materials and changing Section 8.00 to read: Zoning Change Re-notification/Republication (when application is tabled by applicant) of$200.00. A vote was taken and passed 5-0 with Councilman Newsom and Councilman Young absent. 6. Consider and act upon Ordinance No. 2005-33 denying an annual Gas Reliability Infrastructure Program (GRIP) rate increase request of Atmos Energy Corporation, Mid-Tex Division. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that on December 17, 2004, Atmos Energy Corporation, Mid-Tex Division (the "Company"), formerly known as TXU Gas, filed with the City of Wylie (the "City") a request for an annual Gas Reliability Infrastructure Program (GRIP) rate increase for customers on the Company's statewide gas utility system. The City timely acted to suspend the effective date of Atmos' proposed rate increase, and joined other cities in a coalition known as Atmos Cities Steering Committee ("ACSC"). Counsel for ACSC has reviewed the Company's filing and has recommended denying the Company's GRIP rate increase as it is unjustified, unreasonable, and non-compliant with the GRIP statute. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve Ordinance No. 2005-33 denying an annual Gas Reliability Infrastructure Program (GRIP) rate increase request of Atmos Energy Corporation, Mid-Tex Division. A vote was taken and passed 5-0 with Councilman Newsom and Councilman Young absent. Tabled Item from 6-14-05 Motion to remove from table and: Council Action A motion was made by Mayor Pro Tern Hogue to remove Item#7 (Blackland Prairie Playground Request for funds) from the table. Consensus was to remove and consider. 7. Consider and act upon the withdrawal of a request from Blackland Prairie Playground Foundation to fund the remaining cost of constructing the Pirate Cove Playground in Founders Park in the amount of$35,000.00. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that on June 14, 2005, the Blackland Prairie Playground Foundation made a request for funding to the City Council. After some discussion, the City Council made a motion to table action on the item until the July 12, 2005 City Council Meeting. On June 29, 2005, the City Manager's Office received a letter from Ms. Anne Hiney, on behalf of the Foundation, requesting that this item be withdrawn. In addition, she submitted a copy of their Fundraising Plan for City Council information. He stated that the Foundation has had some success in fundraising since the last Council meeting and has thus requested withdrawal of this item. Minutes—July 12,2005 Wylie City Council Page 6 Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to accept the withdrawal of the request from Blackland Prairie Playground Foundation to fund the remaining cost of constructing the Pirate Cove Playground in Founders Park in the amount of$35,000. A vote was taken and passed 5-0 with Councilman Newsom and Councilman Young 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 captions of Ordinances 2005-31, 2005-32, and 2005-33 into the official record. ADJOURNMENT With no further business before Council, Mayor Pro Tern Hogue made a motion, seconded by Councilman White to adjourn at 7:25 p.m. ,,NN F (N 'iz„ J n Mo y, yor ATTEST: V•.. ` • ' SEAL = Car le Ehrlic ,CI ecretary Minutes—July 12,2005 Wylie City Council Page 7