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10-11-2005 (City Council) Minutes MINUTES Wylie City Council Tuesday, October 11, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor Pro Tern Eric Hogue called the meeting to order at 6:00 p.m. Council Members present were: Councilwoman Reta Allen, Councilman Merrill Young, and Councilman Rick White. Mayor John Mondy, Councilman Earl Newsom and Councilman Carter Porter were absent. Staff present were: City Manager, Mark B. Roath; Assistant City M nager, Mindy Manson; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; Parks Superintendent, Bill Nelson; Public Works Superintendent, Jack Jones; Public Information Officer, Mark Witter, and City Secretary,Carole Ehrlich. ;IIyVOCATIONi&PLEDGE OF ALLEGIANCE_. Councilman Young gave the invocation and Councilwoman Allen led the Pledge of Allegiance. PI$ESENTATIONS&DISCUSSION • 1s`Six Weeks Star Students—"Responsibility" Mayor Pro Tern Hogue and WISD Superintendent Dr. John Fuller presented Certificates to WISD students nominated for the character trait of"Responsibility". CITIZENS PARTICIPATION ....._ �. . ..,. _....4. �_ . 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 sbe,.enacted}by one motion. There will not:be,separate discussion of.these items. If discussion is desired,that item will be removed from the G.ailsent,A genda` nd will be considered;separately. A. Approval of the Minutes from the Regular Meeting of September 27, 2005 of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon a Final Plat for the Lost Acre Addition. Subject property being a 3.00 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, generally located on the SEC of Brown Street and Country Place Lane (Private Rd. 5459). (C. Thompson, Planning and Zoning Director) C. Consider and act upon a Preliminary Plat for Woodbridge Addition Phase 10D. Subject property being generally located south of Creek Crossing Lane and Woodbridge Phases 9 and 10C. (C. Thompson, Planning and Zoning Director) -- D. Consider and act upon awarding an annual mowing contract to VMC Landscape Services in the amount of$39.90 per acre for mowing services and$6.47 per acre for litter control. (M.Sferra,Public Services Director) Minutes—October 11,2005 Wylie City Council Page 1 E. Consider and act upon an amendment to the City Manager's employment agreement regarding compensation. (C.Ehrlich, City Secretary) F. Consider and act upon approval of Ordinance No. 2005-49 amending Animal Shelter fees. (J. Butters, Police Chief) G. Consider and act upon approval of Ordinance No. 2005-50 setting the time and place for Council Meetings for November and December of 2005 and all regular City Council meetings in 2006. (C. Ehrlich, City Secretary) Council Action A motion was made by Councilman Young, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 4-0 with Mayor Mondy, Councilman Porter, and Councilman Newsom absent. INDIVIDUAL;CONS.DERATIOlt.. Mayor Pro Tern Hogue announced that Item#1 would be considered last due to the absence of the traffic engineer who compiled the traffic study for this item. Tabled Item Tabled from 9-13-05 for Traffic Study 1. Consider and act upon a Final Plat for Wylie Independent School District, Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane. (C. Hoisted, City Engineer/C. Thompson,Planning&Zoning Director) Executive Summary This item was tabled by City Council on September 13, 2005 to allow time for the applicant to complete a traffic study in order to confirm the need for additional points of access including the extension of Hensley Drive and the need for a signal on Hooper Road.The Final Plat under consideration is for a Junior High School totaling 41.155 acres.The lot for the school will be 35.55 acres in size and a second lot of 3.7 acres is created by the realignment of Hensley Lane. Public Hearing 2. Hold a Public Hearing and consider and act upon Ordinance No. 2005-51 approving a change in zoning from Business Center (BC) to Business Center with a Specific Use Permit (SUP) for warehouse and distribution uses, being Lot 2, Block C of the Century Way Business Park, at 1307 Century Way. ZC 2005-18 (C. Thompson,Planning and Zoning Director) Mayor Pro Tern Hogue announced that a letter from Autumn Investments, Inc. (applicant), requesting the withdrawal of this item had been received and is part of the public record. Council Action A motion was made by Councilman Young, seconded by Councilman White to accept the withdrawal of Zoning Case #2005-18 by the applicant and take no action on this item. A vote was taken and passed 4-0 with Mayor Mondy,Councilman Newsom, and Councilman Porter absent. Minutes—October 11,2005 Wylie City Council Page 2 Councilman Porter arrived at 6:17 p.m. 3. Consider and act upon Ordinance No. 2005-52 of the City of Wylie, Texas; establishing a policy regarding funding requests received by not-for-profit organizations; providing for the repeal of all ordinances in conflict, providing for a severability clause; and providing for an effective date. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that on September 20, 2005, the Collin County Children's Advocacy Center (CCCAC), Court Appointed Special Advocates (CASA) and the City House requested financial support from the City of Wylie. After listening to the petitioners,and discussing the issue at length, the City Council approved a motion to develop a policy for donations to not-for-profit organizations before considering any organization request for funds. He explained that this ordinance, which establishes a donation policy for funding requests by not-for-profit organizations including the procedures, eligibility criteria, restrictions on the use of public funds, accountability, application and other information. He further explained that the policy calls for advertising for applications sometime in May through the City Manager's office. Once applications were received, the City Manager would review them for proper qualifications and then schedule a work session or public hearing for Council to make decisions as to what organizations would receive funding. Council Discussion Councilman Young stated that he would like, on behalf of the Council, to thank Mr. Roath for the work involved in compiling the not-for profit ordinance and polices and procedures. He also explained that he would like to see the policy require only 25% of contributions from the City be used by the not-for-profit organization toward salaries rather than the stated 50%. Councilman White concurred. Mayor Pro Tern Hogue asked Council when they would like to see this ordinance take affect;with the 2005-2006 FY Budget year or the 2006-2007 Budget year. He asked that if the choice was to adopt the 2006-2007 Budget year, that the tabled request from CCCAC, CASA and City House be addressed within the time allotted this year because they had requested the contributions prior to this ordinance and policy being adopted. Councilman White asked that if these organizations were given funds this year that they be required to follow the newly adopted policies. City Manager Roath agreed that this could be required. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve Ordinance No. 2005-52 of the City of Wylie, Texas establishing a policy regarding funding requests received by not-for-profit organizations, with two corrections to the ordinance/policy, attachment A. (1.) That the policy wording be changed to allow 25% of contributed funds to be used for salaries and (2.) That Section 5 is added to the ordinance to include: This policy will become effective for the 2006-07 budget cycle and beyond. A vote was taken and passed 5-0 with Mayor Mondy and Councilman Newsom absent. 4. Consider and act upon Ordinance No. 2005-53 amending the 2005-2006 Budget to approve an increase in the Crossing Guard Program. (J. Butters,Police Chief) Staff Comments Police Chief Butters addressed Council stating that parents of children attending Groves Elementary School have expressed a need for a crossing guard at the intersection of Springwell and Riverway. The Wylie Police Department studied the intersection and found that 75-100 children cross the intersection every morning and evening. The vehicle traffic is also extremely heavy. The principal at Groves Elementary has also attested to the need for a crossing guard at this location. Chief uW.... Butters asked that Council consider approval of Ordinance No. 2005-53. City Manager Roath explained that sufficient funds were available to pay for this additional staff request from unappropriated general fund monies. Minutes—October 11,2005 Wylie City Council Page 3 Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2005-53 amending the 2005-2006 Budget to approve an increase in the Crossing Guard Program by$2,610.00. A vote was taken and passed 5-0 with Mayor Mondy and Councilman Newsom absent. Tabled Item Tabled from 9-13-05 for Traffic Study Council Action A motion was made by Councilman Young to remove Item#1 from the table and consider and act upon the Final Plat for Wylie Junior High School. Consensus of Council was to remove and consider. 1. Consider and act upon a Final Nat for Wylie Independent School District, Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane. (C. Holsted, City Engineer/C. Thompson,Planning&Zoning Director) Staff Comments Planning Director Thompson addressed Council stating that this item was tabled by City Council on September 13, 2005 to allow time for the applicant to complete a traffic study in order to confirm the need for additional points of access including the extension of Hensley Drive and the need for a signal on Hooper Road. The Final Plat under consideration is for a Junior High School totaling 41.155 acres.The lot for the school will be 35.55 acres in size and a second lot of 3.7 acres is created by the realignment of Hensley Lane. He explained that the traffic study requested by Council was before you and City Engineer Holsted would address this item.City Engineer Holsted addressed Council stating that before Council was a copy of the study * that was performed by Jack Hatchell & Associates. He explained that three items of importance on the study revealed that additional lanes be constructed at Hooper and S.H. 544, a signal warrant is met at Hooper and S.H. 544, and improvements recommended to Hensley Lane may need to be delayed until the second school is constructed. He explained that final approval of the temporary signal at Hooper and S.H. 544 would be by TxDOT and the City would send a request to them for that purpose. Applicant Comments Dr.John Fuller, Superintendent of WISD addressed Council stating that he was present for resource to answer any questions. He explained that the school was being constructed to accommodate the growing population and need for the additional school. He explained that WISD had escrowed$500,000 for the improvement of the connector at Hensley. He asked that the City approve the final plat for the Junior High School. Mayor Pro Tem Hogue asked when the need would occur to construct the second school near this site. Dr. Fuller replied that if the population grew at the average rate of 1,000 students per year, as it has the past three years,the additional school would be needed in the Fall of 2006 to open in the Fall of 2007. Eneineering Comments Traffic Engineer Jack Hatchell representing Jack Hatchell and Associates addressed Council; stating that these improvements were needed. He explained that the majority of students would be using Hopper to S.H. 544. He explained that this application would warrant a signal but explained that this type of warrant in the past was more difficult to receive approval for but he felt that because of the school and the traffic on S. H. 544, this warrant would more than likely be approved by TxDOT. He suggested that the buses be directed to S.H.544,which would allow for better traffic flow. Council Discussion Mayor Pro Tern Hogue asked what the next step would be to assure that the improvements were made prior to the start of school at the new Raymond Cooper Junior High. City Engineer Holsted suggested that the City install a temporary signal like the one installed at 1378/Park Blvd. Once 1378 and Country Club were realigned, the signal could be taken down as it would no longer be needed. Mayor Pro Tem Hogue asked how soon this could be accomplished. City Engineer Holsted Minutes—October 11,2005 Wylie City Council Page 4 replied that this process could be completed before the start of school in 2006. Mayor Pro Tern Hogue asked what the cost would be for these improvements. Mr. Holsted replied that the turn lanes would be minor and involve a permit through TxDOT.He estimated that the temporary signal would run somewhere between$40,000 and$60,000. Mayor Pro Tern Hogue asked who should bear the cost for these improvements. City Engineer Hoisted stated, that in his opinion,the school should bear the cost of these improvements. Dr. John Fuller addressed Council stating that in other cities he had surveyed, the school districts were not liable for expenses incurred for off-premise impacts. He explained that this impact was an off-site issue and that the connector was north of the school. He stated that WISD had not budgeted for this additional expense. He commented that in the past, WISD had looked at joint projects with TxDOT. He stated that 85% of students attending WISD were from Wylie and that a possible coalition between the City, State and County might be appropriate. City Engineer Holsted stated that the intention was to complete the 1378 and Hooper connection prior to the school construction, eliminating the need for some of these improvements. Councilman Young asked that staff meet with WISD regarding the cost of these improvements. He suggested looking at the issue of taking funds from the City at$0.695 cents rather than the school tax dollars at $1.50. Councilman Porter stated that he would like to see an agreement made between the City, State, and WISD to share the cost of these improvements. Mayor Pro Tem Hogue stated that this joint meeting and agreement should be done expeditiously so that the improvements could be completed in a timely manner. Councilman Young stated for the record,that direction is given to staff that the traffic recommendations and the cost for same be resolved between WISD,the State,and the City within a 45 day period and that the results be reported back to Council. Council Action A motion was made by Councilman Young, seconded by Councilwoman Allen to approve the Final Plat for Wylie Independent School District. A vote was taken and passed 5-0 with Mayor Mondy and Councilman Newsom 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 caption to Ordinances #2005-49, #2005-50, #2005-52, and #2005-53 into the official record. ADJOURNMENT With no further business before Council„ Councilman White made a motion to adjourn at 6:50 p.m., seconded by Councilman Porter. Consensus of Council was to adjourn. \y `eeeetniii�i�� p Fs (�y11��,� John ondy,M yor ATTEST: 1 C..) .� aye Carole Ehrlich,C Secretary '.., rya• ""`• � <`� Minutes—October 11,2005 Wylie City Council Page 5