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02-28-2006 (City Council) Minutes • MINUTES Wylie City Council Tuesday, February 28, 2006— 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North 1, 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 Rick White, Councilman Carter Porter, Councilman Earl Newsom,and Councilman Men-ill Young. Staff present were: City Manager, Mark B. Roath; Assistant City Manager and Planning Director, Mindy Manson; City Engineer, Chris Holsted; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Public Information Officer,Mark Witter, and City Secretary, Carole Ehrlich; and various support staff. :INVOCATION&PLEDGE OF ALLEGIANCE Reverend Kris Segrest, Pastor of the First Baptist Church of Wylie gave the invocation and Councilman Newsom led the Pledge of Allegiance. PRESENTATIONS&DISCUSSION • Presentation to 4tb Six Weeks Star Students—Character Trait of "Trustworthiness" Mayor Mondy and Mayor Pro Tern Hogue presented certificates of recognition to those students nominated for the character trait of"Trustworthiness". CITIZENS PARTICIPATION; No one was present to address Council during"Citizens Participation". CONSENT AGENDA '� S 4 • All matters listed under the Consent Agenda are.considered to be routine by the,City Council and will l e• 3�e ted b�one; motion. There will not be separate discussion of these items.If discussion is desired,that item will be em&Y'&r'om the Consent Agenda and will be considered separately. A. Approval of the Minutes from the February 14, 2006 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of an agreement between the City of Wylie and The Dallas Morning News for the purpose of employment recruiting advertising. (C.Ehrlich, City Secretary) C. Consider, and act upon,Resolution No. 2006-07(R) designating the Finance Director and the City Manager as authorized representatives to invest City funds in the Texpool Money Market Account and authorizing the Senior Accountant selected information authority. (L. Williamson, Finance Director) Minutes—February 28,2006 Wylie City Council Page 1 D. Consider, and act upon, awarding a contract to Resendiz Concrete Construction based upon a flat rate for miscellaneous concrete repair and construction. (M.Sferra,Public Services Director) E. Consider, and act upon, a Preliminary Plat for the New Heights Baptist Church located west of Hooper Road and east of Regency Business Park Addition Phase 2. (M. Manson, Assistant City Manager) Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 7-0. I1�IDIVIDUAL;CONSIDERATION „1-4 §k Public Hearings 1. Hold and continue a Public Hearing to change the zoning from Agricultural (AG) District to Planned Development(PD) District for mixed uses, generally located south of S.H. 78 and west of Eubanks Road. (M.Manson,Assistant City Manager) Staff Comments Planning & Zoning Director Manson addressed Council stating that this item was tabled by the Planning and Zoning Commission to the March 7, 2006 meeting to allow applicant time to develop PD Conditions and allow time for staff to re-notify.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. Public Hearing Mayor Mondv opened the Public Hearing at 6:12 p.m. No one was present to address Council during the Public Hearing Mayor Mondv closed the Public Hearing at 6:12 p.m. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to continue the Public Hearing until the March 28, 2006 meeting and thereafter to consider an ordinance to change the zoning from Agricultural (AG) District to Planned Development (PD) District for mixed uses generally located south of S.H. 78 and west of Eubanks Road. A vote was taken and passed 7-0. 2. Hold a Public Hearing on the updated Land Use Assumptions and Capital Improvements Plan needed for adoption of water and sewer impact fees. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on January 10, 2006 Council adopted an Ordinance setting the date for a public hearing on the updated Land Use Plan and Capital Improvements Plan. Section 395 of the Local Government Minutes—February 28,2006 Wylie City Council Page 2 Code specifies the process necessary for the implementation of impact fees. The Impact Fee Advisory Committee met on February 20 to file written comments on the proposed Fees. Public Hearing Mayor Mondv opened the Public Hearing at 6:14 p.m. No one was present to address Council during the Public Hearing Mayor Mondv closed the Public Hearing at 6:14 p.m. 3. Consider, and act upon, Ordinance No.2006-10 adopting the updated Land Use Assumptions and Capital Improvements Plan.(C.Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on January 10, 2006 Council adopted an Ordinance setting the date for a public hearing on the updated Land Use Plan and Capital Improvements Plan. Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees, and a public hearing has now been conducted to receive public comments on the updates to the Land Use Plan and Capital Improvements Plan. He explained that the Water &Wastewater Impact Fee Update compiled by Birkhoff, Hendricks & Conway, L.L.P would incorporate both the Land Use Assumptions and Capital Improvement Plan updates and would become Exhibit A to the approved ordinance. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve Ordinance No. 2006- 10 adopting the updated Land Use Assumptions and Capital Improvements Plan. A vote was taken and passed 7-0. 4. Consider, and act upon, Resolution No. 2006-08(R) setting a date, time, and place for a Public Hearing on the proposed Water and Wastewater Impact Fees. (C.Hoisted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that on January 10, 2006 Council adopted an Ordinance setting the date for a public hearing on the updated Land Use Plan and Capital Improvements Plan. Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees,and a public hearing was conducted to receive public comments on the updates to the Land Use Plan and Capital Improvements Plan. The proposed resolution sets a date, time and place to conduct a public hearing on the proposed impact fees. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Resolution No. 2006-08(R) setting April 11, 2005 at 6:00 p.m., in the City Council Chambers of the Wylie City Hall for a Public Hearing on the proposed Water and Wastewater Impact Fees. A vote was taken and passed 7-0. 5. Consider, and act upon, Ordinance No. 2006-11 abandoning the alley right-of-way, generally located at the east right-of-way of Jackson Street north of Brown Street and running approximately 285 feet east through Block 1,Lots 1C and lA and Block 2,Lots 2F,2C,and 2G to Minutes—February 28,2006 Wylie City Council Page 3 the west right-of-way of Ballard Avenue in the Russell #1 Addition. (M. Mattson, Assistant City Manager) Staff Comments Planning&Zoning Director Manson addressed Council stating that the South Collin County Habitat for Humanity, owner of a tract of land located within the Russell#1 Addition,Block 2,Lots 2F, 2C, and 2B,has requested that the City abandon that segment of the alley beginning at the east right-of-way of Jackson Street north of Brown Street and running approximately 285 feet east through Block 1,Lots 1C and lA and Block 2,Lots 2F,2C,and 2G to the west right-of-way of Ballard Avenue. The alley was created by the platting of the Russell#1 Addition, one of the original subdivisions within the City of Wylie. The segment of this abandonment is 15 feet wide and 285 feet long, containing 4,275 square feet. The area is a stable residential area and has received significant reinvestment and redevelopment through the years. Lot 2 of the subject property has been previously inappropriately divided which has resulted in some lots being too small for modern residences and has caused some land-locked parcels which cannot be accessed by emergency vehicles. The applicant has since purchased these lots and is pursuing development through the re-platting process of these lots. Council Discussion Councilman Young asked if the alley was a north/south access. Ms. Manson replied that it was an east/west access from Jackson to Ballard St. Mayor Pro Tem Hogue asked if this was not the alley that a resident needed access to their drive through the alley. Ms. Manson replied that there was a land locked property in that area. The request for alley abandonment is coming from Habitat for Humanity and the three lots will be re-platted to rectify this issue. Mayor Mondy asked if there was any value to this alley. Ms.Manson explained that it had a sewer line that the City will have to retain as an easement but the value is substandard with only a 15 foot width. The abandonment and subsequent re-platting of the properties will bring it into the current conformity of the city zoning. Councilwoman Allen asked who could buy the land. Ms.Manson explained that it would first be offered to the property owners adjacent to the alley;if they were not interested in the purchase, it could be purchased by Habitat for Humanity. Councilman Newsom asked which lots Habitat for Humanity had purchased. Ms. Manson replied that those lots were Lots 2B, 2C, and 2F. Councilman Young asked that staff look at the property to retain an area that could be used to widen Ballard Street if the City chooses to do that in the future. Ms.Manson said she would look into that issue. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance No. 2006-11 abandoning the alley right-of-way, generally located at the east right-of-way of Jackson Street north of Brown Street and running approximately 285 feet east through Block 1, Lots 1C and lA and Block 2, Lots 2F, 2C, and 2G to the west right-of-way of Ballard Avenue in the Russell #1 Addition. A vote was taken and passed 6-1 with Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Newsom, Councilman Young, Councilman White and Councilman Porter voting for and Mayor Mondy voting against. 6. Consider, and act upon, Engineering Services Agreements with Birkhoff, Hendricks & Conway, L.L.P., in the amount of$704,700.00, for (A) 730 Service Zone and 679 Service Zone Waterline Improvements; and (B) Newport Harbor Pump Station, Nortex Pump Station and NTMWD Pump Station Improvements. (C.Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the City recently completed updates to the water system 10-year Capital Improvements Plan(CIP). Based on the future growth of the City, the plan identifies twenty eight(28)water line and pump station improvements necessary to maintain the current level of service and provide additional capacity in the system. Water line improvements include mains along McCreary Road,in Newport Harbor,along FM 1378,along SH 78, along Brown St,and along Sanden Blvd. The pump station additions will take the City to build out. Minutes—February 28,2006 Wylie City Council Page 4 Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Engineering Services Agreements with Birkhoff, Hendricks&Conway, L.L.P., in the amount of$704,700.00 for(A) 730 Service Zone and 679 Service Zone Waterline Improvements; and(B)Newport Harbor Pump Station,Nortex Pump Station and NTMWD Pump Station Improvements. A vote was taken and passed 7-0. 7. Consider, and act upon, approval of Ordinance No. 2006-12 to amend the FY 2005-06 Annual Operating Budget in the amount of $60,000, transferring funds from 4B Fund (Land Betterments/112-5614-58150) to the General Fund (Utilities Water/100-5511-56630) for Park Division water consumption. (M.Sferra,Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that for FY 05-06, the Parks Division line item for Utilities Water(100-5511-56630)was budgeted$40,000.This line item is the source of funding for 20 sites throughout the city that are irrigated. Currently, 82% of the total amount budgeted for FY 05-06 water needs has already been used. A budget amendment in the form of a transfer of funds, in the amount of$60,000, is requested to meet the anticipated needs for the balance of the fiscal year. The high rate of water consumption is due to the past, present, and continuing drought conditions. Council Discussion Councilman Young asked if the new parks brought on line this year, and not anticipated last year at budget time, were part of the shortage. Mr. Sferra replied that yes they were. Mayor Mondy asked why the costs would be higher with the Stage 2 Drought Plan in place. Mr. Sferra explained that the Stage 2 restrictions just went into effect last month and this was due to the lack of rain over the past 6 months along with the additional parks on line. Mayor Mondy asked Finance Director Williamson why procedures could not be put in place to eliminate this type of shortage. Finance Director Williamson stated that this was not anticipated and would be difficult to foresee. He also explained that this was a transfer of funds not a new expense. Mayor Pro Tem Hogue asked if money was taken from the 4B account to cover the shortage, would there be enough in the 4B fund to complete the hike and bike trail earmarked for the funds. Mr. Sferra stated there would be with approximately$50,000 left to complete the trail. City Manager Roath asked Mr. Sferra if the money requested to be transferred would be enough to complete water expenses for this budget year. Mr. Sferra stated that it would. He explained that there were procedures in place to make sure the transferred money would be ample for the remainder of the current budget year. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance No. 2006-12 to amend the FY 2005-06 Annual Operating Budget in the amount of$60,000,transferring funds from the 4B Fund to the General Fund for Park Division water consumption. A vote was taken and passed 7-0. TI0'LE 4 OPTION APPRO 'FI BY CO11� .S'� ® ' 6' ° '} etWOF'941MN'Ple*S- �Ig;C ng,i T1CL 1II, II13.SECT : t . .. .,. � . *; City Secretary Carole Ehrlich read captions to Ordinances 2006-010, 2006-11 and 2006-12 into the official record. Minutes—February 28,2006 Wylie City Council Page 5 �� .�' 'rw rq""� "Firo%; �, +€'a•" "P', aV • Discuss,and give guidance,on the Storm Water Regulatory Update and Master Plan Proposal. (M. Sferra,Public Services Director) Keith Kennedy and Jack Tidwell representing the Department of Environment and Development for the North Central Texas Council of Governments discussed with Council and staff proposed requirements by TCEQ for Storm Water Permits and the federal and state requirements to obtain said permits. Also discussed were alternative programs that could be available for area studies for storm water runoff and maintenance to be possibly shared with the Army Corps of Engineers, Collin County and other area cities. With no further business before Council, a motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to adjourn the meeting at 7:40 p.m. Consensus of Council was to adjourn. J n Mo y, yor F ATTEST: � N. .• o 1/vy�✓ G: •.c - •e .72 Carole Ehrlic ,City Secretary TT- Minutes-February 28,2006 Wylie City Council Page 6