08-09-2005 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, August 9, 2005 — 6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
CALL TO ORDER
Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern
Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman Earl Newsom,
Councilman Rick White and Councilman Carter Porter.
Staff present were: Assistant City Manager Mindy Manson, City Engineer, Chris Hoisted; Planning &
Zoning Director, Claude Thompson; Library Director Rachael Orozco, Public Services Director Mike
Sferra; Fire Chief Shan English; Public Information Officer, Mark Witter; City Secretary, Carole
Ehrlich,and various support staff members
INVOCATION&PLEDGE OF ALLEGIANCE
Pastor Dave Eden of the New Hope Christian Church gave the invocation and Councilman Newsom led
the Pledge of Allegiance.
CITIZENS PARTICIPATION
No citizens were present to address Council.
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 July 26, 2005 and the
Special Called Meeting/Work Session of August 1,2005. (C. Ehrlich, City Secretary)
B. Consider and act upon a request from the Diva Dolls to sell tickets to a "Red Hat Society
Chapter," event to be held at the Bart Peddicord Community Center on August 20, 2005.
(R. Diaz,Asst. Parks Superintendent)
C. Consider and act upon award of a contract to Jeske Construction Company, in the amount
of $272,904.50, for the construction of the Valentine Drainage Project. (C. Hoisted, City
Engineer)
D. Consider and act upon approval of Amendment No. 2 to the Engineering Services Agreement
for Water, Wastewater and Roadway Impact Fees, in the amount of$7,500.00, to Birkhoff,
Hendricks& Conway,L.L.P. (C.Hoisted, City Engineer)
Minutes—August 9,2005
Wylie City Council
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E. Consider and act upon a construction contract awarding a bid to Saber Development, in the
amount of$80,464.00, for replacement of a water line in the alley between Second Street and
Third Street (C.Holsted, City Engineer)
F. Consider and act upon approval of a change order to Site Concrete, Inc., in the amount of
$26,975.50, for the purchase and installation of a 6-inch meter, RPZ, and vault. (C. Holsted,
City Engineer)
G. Consider and act upon approval to purchase a new Fire, Police, Dispatch, and EOC Radio
System,through Comtex. (S.English, Fire Chief)
Council Action
A motion was made by Councilman Newsom seconded by Councilman Young to remove Item G from
the Consent Agenda. Consensus of Council was to remove and consider under individual consideration
items.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Items A
through F of the Consent Agenda as presented. A vote was taken and passed 7-0
INDIVIDUAL CONSIDERATION
G. Consider and act upon approval to purchase a new Fire, Police, Dispatch, and EOC Radio
System,through Comtex. (S.English, Fire Chief)
Councilman Newson asked Chief English if Motorola was discontinuing the service on the existing
radio system. Chief English stated yes they were. Councilman Newsom asked what type of system the
Comtex would be. Chief English replied that it was a Motorola system. Chief English stated that the
engineer with Comtex had recommended this system. Chief English stated that Rockwall had some
problems with the repeaters but he believed these problems had been resolved. He stated that to join the
City of Plano's system and place a repeater in Wylie, the cost would be $1.8 million. Councilman
White stated that the City of Rockwall bought a LTR system and abandoned it after two weeks of
service. He asked that Chief English check with the City of Rockwall before purchasing the equipment
to see if an alternative system would be more appropriate. Chief English stated that he would check
with the City of Rockwall and report back to council regarding the LTR system vs. EDAC system by
the end of the week and before the purchase of the system.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve Item G as
presented. A vote was taken and passed 7-0.
Tabled Item from 7-26-05
Motion to remove from table and:
Council Action
A motion was made by Mayor Pro Tem Hogue to remove Item#2 from the table. Consensus of Council
was to remove and consider.
Minutes—August 9,2005
Wylie City Council
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1. Consider and act upon the Citizen Bond Advisory Committee recommendations for possible
projects in a Bond Election. (M. Roath, City Manager)
Staff Comments
Assistant City Manager Manson addressed council stating that on July 26, 2005; the Citizen Bond Advisory
Committee presented their recommendations to the City Council. During the question and answer portion, the
City Council raised a number of questions regarding such issues as the amount necessary to fmance the Bond
Program, the proposed bond resolution, election campaigning, a possible pre-survey, potential election dates, a
possible marketing plan, additional details on the various projects and comparable area facility information.
Presented tonight are answers to those various questions within the packet.
Council Discussion
Mayor Mondy stated that presented in the packet was information requested at the last meeting. He asked Council
to table this item to hold an additional work session to further review controlling the tax rate and debt release and
to discuss project priorities and communications avenues to notify the public with regards to the proposed bond
package. Mayor Pro Tem Hogue requested that the work session be a joint work session with the CBAC to discuss
particular projects recommended by the CBAC.
Public Comments
Sharon Dowdy residing at 325 Callie Court, Wylie Texas addressed Council stating that she hoped that in the
consideration of the bond package, Council would carefully consider the following items: Why the improvement
of Brown Street to Anson Road ends at Anson Road with the proposed new High School being considered in that
area.Drainage problems that were discussed during the 1999 bond project need to be re-addressed during the 2005
discussion. Attention should be given to improving the drainage throughout the city and consider impact fees or
residential responsibility to correct the problems. If state highway funding is available in the future why is it better
to move forward now and require the taxpayers to pay for these improvements?The recreation center seems more
than the City needs at this time. With only 146 children involved in the 2005 Wylie Wave,how many were turned
away and does this constitute a new recreation center.The Wells property was purported to be for parks and nature
trails not a recreation center and other buildings. What is the plan for the aquatic center and what will the
maintenance and liability exposure to the City be. Consideration should be given to placing a new library at the
same location as the current library and the new City Hall at the current location of that facility. Ms.Dowdy asked
that if a poll was taken, that the cost for each proposition along with the project be discussed when disseminating
the information to the public.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to table discussion
of Item#1 to a Special Called Joint Work Session between the CBAC and Council on August 16, 2005
for further discussion and possible consideration of a resolution calling the election. A vote was taken
and passed 7-0.
PUBLIC HEARINGS
2. Hold a Public Hearing and consider and act upon Ordinance No. 2005-35 approving a change
in zoning from Planned Development (PD) District to Down Town Historic (DTH) District,
property being generally located at the southwest corner of Ballard Avenue and Brown
Street. ZC 2005-14(C. Thompson,Planning& Zoning Director)
Minutes—August 9,2005
Wylie City Council
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Staff Comments
Planning and Zoning Director Thompson addressed Council stating that the subject property is located at 311
North Ballard, within the Downtown Historic District at the southwest corner of Brown and Ballard. The current
PD (01-14) was approved to allow multiple use of a structure, prior to adoption of the current Zoning Ordinance
which established the DTH District and allows such mixed use by right. The PD limits the nonresidential use of
this lot to 45%,a restriction which does not apply to other residentially—designed structures within the DTH. The
request is to remove the special conditions, most of which have been incorporated into the ZO, and comply with
the standard requirements of the DTH. He explained that a simple majority vote is required for approval.
PUBLIC HEARING
Mayor Mondy opened the public hearing at 6:35 p.m.
Mr. Frank Banfill (applicant)residing at 1207 Mobile Lane, Wylie, Texas addressed Council during the
public hearing explaining the ministerial travel business (Ministry Travel.com) and the reasoning behind
the request for a change in zoning to accommodate the business. He stated that the parking had been
addressed and the drainage would be addressed and corrected as needed.
With no one else present to speak, the Mayor closed the public hearing at 6:41 p.m.
Council Discussion
Councilman Young asked if the applicant would need to come back to Council in the event he wanted to use the
property for residential use. Mr. Thompson replied that this would add flexibility to the case allowing the
applicant to use the property for non residential or residential uses or any combination thereof. There would need
to be a garage added if the property reverted back to residential before a CO could be issued.Councilman Newsom
asked if any other residences could open an antique store in their residence. Mr. Thompson replied that anyone in
the Historic District could do that. Mayor Mondy asked if the drainage issue has been addressed. City Engineer
Holsted stated that he was in the process of addressing the drainage with the applicant for resolution. Mayor
Mondy asked about no parking signs along the street adjacent to the Catholic Church. Mr. Holsted stated that he
would discuss that with TxDOT.
Council Action
A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance
#2005-35 (Zoning Case #2005-14) changing zoning from Planned Development (PD) to Down Town
Historic (DTH)District. A vote was taken and passed 7-0.
3. Hold a public hearing and consider and act upon Ordinance No. 2005-36 approving a change
in zoning from Agriculture (A) to Planned Development (PD) District,generally located west
of Sage Creek Phase VII (Springwell Parkway/Riverway Lane), south of the Sage Creek 8
Addition and north of the Wooded Creek Addition. ZC 2005-15 (C.Thompson, Planning &
Zoning Director)
Staff Comments
Planning and Zoning Director Thompson addressed Council stating that the subject property is east of Sage Creek
4 and 7,south of Sage Creek 8 and north of Wooded Creek Additions. The proposal is to accommodate expansion
of the existing Sage Creek subdivision with somewhat larger lots. Planning and Zoning Commission recommends
approval with stipulations that the minimum dwelling size (2,000 sq. ft. minimum with 50% larger than 2,400 sq.
ft.) include only air conditioned space and that a maximum of 10% of the porches may be as small as 14 sq. ft.
The PD also provides for the dedication of 30 acres of Muddy Creek floodplain as public park land (Park Board
recommends acceptance of this land), and the extension of Wooded Creek Ave. to provide traffic relief(Park
Minutes—August 9,2005
Wylie City Council
Page 4
Board recommends against this route in favor of a Midstream alignment and the Engineer concludes that no relief
street is required). A simple majority vote is required for approval.
Applicant Comments
Mr. Bruce Prine (applicant) residing at 14800 Montfort#100, Dallas, Texas (applicant) addressed Council stating
that with the new development,the traffic would actually be lessened for all residents and quality homes would be
built in the proposed development. He stated that all issues and concerns addressed at the last hearing had been
corrected.
PUBLIC HEARING
Mayor Mondy opened the public hearing at 6:55 p.m.
Several citizens including:
Jim Byrne residing at 3104 Bryce Dr.,Wylie Texas
Vicki Dessart,residing at 3201 Candlebrook,Wylie Texas
Scott McMurdie residing at 1012 Meaeandering Dr.,Wylie Texas
Sharaise Reynolds residing at 903 Glen Lakes,Wylie,Texas
Bruce A. Miller Jr. residing at 1100 Midstream Drive,Wylie,Texas (in favor of Phase 9 but not in favor
of the proposed bridge)
addressed Council in favor of this zoning case stating the builder was a quality builder and that the HOA
board was in favor of the proposed development and the amenities offered to all phases of Sage Creek.
Several citizens including:
Sidra Carzolia residing at 3108 Claybrook Dr. Wylie,Texas
Jessica Kaltenbach residing at 3004 Claybrook, Wylie,Texas
addressed Council opposed to the zoning case stating the safety of the road construction was not
adequate and proposed that Claybrook be closed completely. Concern was also addressed in regard to
child safety and the additional traffic on Claybrook due to the new phase.
With no one else present to speak,Mayor Mondy closed the public hearing at 7:16 p.m.
Council Discussion
Councilman Newsom asked what a sports court was. Mr. Prine stated it was a half court used for basketball and
other sports. Councilman White asked if there would be a pedestrian bridge. Mr.Holsted stated that the sidewalks
would take the place of the pedestrian bridge. Councilman Newsom asked if all homes could be constructed with
brick mail receptacles. Mr. Prine stated that they could add that if it became part of the motion. Mayor Mondy
asked about a reference to the amenity center. Mr. Prine stated that there would be an amenity center and that the
Sage Creek HOA and Ashton Woods had executed an agreement to construct this amenity center.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve
Ordinance #2005-36 (Zoning Case #2005-15) changing the zoning from Agriculture (A) to Planned
Development (PD) District with the inclusion of all stipulations made by the Planning and Zoning
Commission and adding three additional stipulations: that the bridge be constructed with the option near
Sage Creek Phase 8; that the proposed development have brick mail receptacles, and that the proposed
Sage Creek, Phase 9 include an Amenity Center as agreed upon by the developer and the Sage Creek
HOA. A vote was taken and passed 7-0.
Minutes—August 9,2005
Wylie City Council
Page 5
Tabled Item from 7-12-05
Motion to remove from table and:
A motion was made by Councilman Porter to remove Item#4 from the table. Consensus of Council was
to remove and consider.
4. Hold a public hearing and consider and act upon Ordinance No. 2005-30 approving a change
in zoning from Agriculture (A) 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. ZC 2005-05 (C. Thompson,Planning&Zoning Director)
Staff Comments
Planning and Zoning Director Thompson addressed Council stating that the subject property is generally located in
the southeast corner of Brown and Kreymer. This item was tabled at the July 12 Council meeting, and must be
removed from the table prior to convening the public hearing. The request is for a Planned Development District
to allow minimum lot size of 8,500 sq. ft. (average of 10,000 sq. ft.) with a minimum house size of 1,700 sq. ft.
(average of 2,400 sq. ft.). Planning&Zoning Commission recommends denial because the requested zoning does
not comply with the Comprehensive Plan and the PD provides no innovations. More than 20% of the property
owners within the legal notification area have submitted opposition to the request. For these reasons,approval will
require the affirmative vote by three-fourths(6 members)of the Council.
Applicant Comments
Mr. Jerry Sylo(representing the property owner)residing at 17090 Dallas Pkwy, Dallas addressed Council stating
that the applicant was agreeable to working with WISD on the road construction of the thoroughfare plan. He
stated that the planning and zoning commission did deny this request but explained that the lots would be a
minimum of 8,500 sq. ft. to a maximum of 23,000 sq. ft. and although the Comprehensive Plan shows 1 acre
minimum lot size, uses and densities transition from one area to another and there are some smaller homes and
Townhouses in the area along with the new Avalon Addition near by. Mr. Sylo did explain that they understood
the concerns of the residents to the south and east of this development, but tried in the plan to provide larger lots
near these areas. He explained that there were only 100 homes within the 8,500 minimums. The smaller lots were
required due to physical restraints of the land use. He stated that the minimum house size would be 1,700 sq. ft.
He explained that this proposal would meet the needs of all concerned.
PUBLIC HEARING
Mayor Mondy opened the public hearing at 7:40 p.m.
Sharon Dowdy residing at 325 Callie Court, Wylie, Texas addressed Council stating that she was not in
favor of the proposed development stating that it did not conform to the Comprehensive Plan and did
not mirror the image and design of the area.
Amy Tolleson residing at 1036 S. Kreymer, Wylie, Texas addressed Council showing a slide
presentation outlining the area around the proposed development and the structure, lot size and areas
contusive to the Comprehensive Plan. She encouraged Council to deny this zoning case.
With no one else present to speak,Mayor Mondy closed the public hearing at 7:47 p.m.
Council Discussion
Mayor Pro Tem asked if the 1,700 sq. ft. minimum house size was firm. Mr. Sylo stated yes the applicant was.
Councilman Newsom asked if the 1,700 was under roof or livable. Mr. Sylo stated that according to the Zoning
Ordinance, it would be under roof,including the garage area.
Minutes—August 9,2005
Wylie City Council
Page 6
Council Action
`-" A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to deny Ordinance
#2005-30 (Zoning Case #2005-05) changing zoning from Agriculture (A) to Planned Development (PD)
District for single-family residential uses. (Brown Road and Kreymer Lane) A vote was taken and
passed 7-0.
5. Consider and act upon approval of Ordinance No. 2005-37 amending Chapter 78, Parks and
Recreation,of the Wylie Code of Ordinances. (M.Sferra,Public Services Director)
Staff Comments
Public Services Director Sferra addressed Council stating that on January 13, 2004, Council approved revisions to
Chapter 78, Parks and Recreation, of the Wylie Code of Ordinances. The current ordinance requires the Park
Board to conduct a periodic review of the ordinance and make recommendations for changes to the City Council.
For the past several months, the Board has reviewed the ordinance and made recommendations for changes and
clarification. The City Attorney's office has also reviewed the recommended changes. The Board approved the
recommended changes on July 25,2005.
Council Discussion
Mayor Mondy asked Mr. Sferra about Section 78-6, land dedication. Would any land within a 100 year flood
plain be unacceptable? Mr. Sferra stated that in the new revised section, it would be,but considered case by case.
Mayor Mondy then asked about item d, does Muddy Creek Preserve have access from the street. Mr. Sferra sated
that it was in Dallas County. Mayor Mondy asked Mr. Sferra about 78-77 and drainage. Why can no land be
dedicated with open drainage systems. Mr. Sferra stated they were trying to eliminate cement ditches and go to a
more natural swell or stream approach. Mayor Mondy asked in 78-102 parking if the city would eliminate travel
trailers from parking in the parks. Mr. Sferra stated that travel trailers would be allowed if authorized by the parks
department. Mayor Mondy then asked about the feeding of animals. He asked if that would include Country Fairs
and horse riding. Mr. Sferra stated yes it would, because the riding of horses in the parklands was prohibited.
Mayor Mondy commented that some sections of the proposed ordinance were very restrictive. Councilman
Newsom asked Mr. Sferra if handbills, banners and petitions were restricted in this ordinance, would the petition
distribution restriction be against the 1st amendment. Councilman Young asked if a general statement could be
added to the body of the ordinance; "it shall be unlawful for any person to commit one or more of the following
acts",to include, "unless authorized by the Parks and Recreation Department"to give some flexibility to the Parks
Department. After each Council member stated concerns within the ordinance, Council asked staff to take the
recommendations made and revise the ordinance to address all concerns and bring back to Council at a later date.
Mayor Mondy also asked that the revised ordinance be reviewed by the City Attorney.
Council Action
A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to table Item#5 to a
non specific date to allow staff time to revise the Ordinance as per direction from Council and resubmit
for approval. A vote was taken and passed 7-0.
6. Consider and act upon Resolution No. 2005-24(R) setting the Public Hearing and accepting
the proposed Ad Valorem Tax of$0.695 per $100 valuation and Calculation of an Effective
Tax Rate for Fiscal Year 2005-2006. (L. Williamson,Finance Director)
Staff Comments
Finance Director Williamson addressed Council stating that in accordance with the"Truth in Taxation"laws of the
State of Texas, notices must be published and two public hearing must be held if an entity's proposed tax rate
exceeds the effective tax rate. Since the proposed tax rate exceeds the effective tax rate, the City is required to
Minutes—August 9,2005
Wylie City Council
Page 7
vote on the proposed tax rate and publish the results of the roll call vote at least seven (7) days prior to the first
scheduled public hearing on August 23`d. A 2nd public hearing is scheduled for August 30th. The Council may not
adopt the tax rate at these hearings. Instead, at the end of the second hearing, it must set and announce the date,
time and place of the meeting at which it will vote on the final proposed tax rate.This meeting must take place no
less than three (3) days and no more than fourteen (14) days after the second public hearing. The City Council's
vote on the tax rate is scheduled for September 13t.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Resolution
#2005-24(R) setting the Public Hearings for August 23, 2005 and August 30, 2005, and accepting the
proposed Ad Valorem Tax Rate of$0.695 per $100 valuation and Calculation of an Effective Tax rate
for Fiscal Year 2005-2006. A vote was taken and passed 7-0.
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 2005-35 and 2005-36 into the official
record.
ADJOURNMENT
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to adjourn the
meeting at 8:49 p.m. p.m. Consensus of Council was to adjourn.
```,t`` l l l llll/ John Mondy,Mayor
ATTEST: . V
Carole •
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Ehrlichity Secretaryo
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Minutes—August 9,2005
Wylie City Council
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