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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 Page 1 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 Page 2 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 Page 3 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 • 4atif • " Ehrlichity Secretaryo F_*`.Nam`\` it' Minutes—August 9,2005 Wylie City Council Page 8