Loading...
03-28-2006 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, March 28, 2006 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor John 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 Merrill Young. Also present were WISD student counterparts for"Student Government Day 2006". Staff present were: City Manager, Mark B. Roath; Assistant City Manager and Planning Director, Mindy Manson; City Engineer, Chris Hoisted; Finance Director, Larry Williamson; Building Director, Johnny Bray; Library Director, Rachel Orozco; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Harold Hembree, Pastor of the First Christian Church of Wylie gave the invocation and WISD student Mark Comrie led the Pledge of Allegiance. PRESENTATIONS • Proclamation for "National Library Week" Mayor Mondy and Student Mayor Cameron McCord presented a proclamation honoring April 28, 2006 as "National Library Week". Accepting the proclamation were Library Director Rachel Orozco, Library Board Members Shirley Burnett and David James and Tricia Smith, Vice President of Friends of the Library. • Proclamation for "Student Government Day 2006" Mayor Mondy and Student Mayor Cameron McCord presented a proclamation honoring March 29, 2006 as "Student Government Day". Accepting the proclamation was Lynne Tinsley, representative from Wylie High School of Wylie Independent School District. Minutes - March 28, 2006 Wylie City Council Page 1 ........_....... . . CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No one was present to address Council during "Citizens Comments". 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 March 14, 2006 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, an Easement Agreement with TXU Electric Delivery for easements generally located on the east side of Ballard Avenue and south of Cloudcroft. (C. Hoisted, City Engineer) C. Consider, and act upon, a Preliminary Plat creating three retail lots for the Trout-78 Addition, subject property generally located north of S.H. 78 and west of Eubanks Road. (M. Manson, Assistant City Manager) D. Consider, and act upon, a Final Plat for the R.O.W. Dedication for the Stone Road Extension, subject property generally located north of Brown Street and west of Bennett Road. (M. Manson, Assistant City Manager) E. Consider, and act upon, a Final Plat for Wylie High School Number Two, subject property generally located north of Brown Street and west of Bennett Road. (M. Manson, Assistant City Manager) F. Consider, and act upon, the acceptance of .016 acres of land out of the S. B. Shelby Survey for right-of-way for Cooper Drive. (M. Manson, Assistant City Manager) G. Consider, and act upon, the acceptance of .047 acres of land out of the S. B. Shelby Survey for right-of-way for Cooper Drive. (M. Manson, Assistant City Manager) Council Action Councilman Young asked that Item B be removed from the Consent Agenda and considered individually. Councilman Hogue asked that Item E be removed from the Consent Agenda and considered individually. Consensus of Council was to remove these items. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young, to approve Items A, C, D, F, and G of the Consent Agenda as presented. A vote was taken and passed 7- 0. Minutes - March 28, 2006 Wylie City Council Page 2 REGULAR AGENDA B. Consider, and act upon, an Easement Agreement with TXU Electric Delivery for easements generally located on the east side of Ballard Avenue and south of Cloudcroft. (C. Holsted, City Engineer) Council Discussion Councilman Young asked City Engineer Hoisted if the above item was a full size station with transformers. Mr. Hoisted stated that the reason for these ROW agreements was to allow for easements by North Texas Municipal Water District and as a result of the easements and water lines, TXU is relocating their lines to the west side of the road and bringing service across to service those on the east side. This easement is for a poll and guide wire. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve an Easement Agreement with TXU Electric Delivery for easements generally located on the east side of Ballard Avenue and south of Cloudcroft. A vote was taken and passed 7-0. E. Consider, and act upon, a Final Plat for Wylie High School Number Two, subject property generally located north of Brown Street and west of Bennett Road. (M. Manson, Assistant City Manager) Council Discussion Mayor Pro Tern Hogue asked City Engineer Hosted if the ROW was to go to SH 78. Mr. Hoisted replied that was correct. Mayor Pro Tern Hogue then asked if the road was going parallel with the road to become part of Bennett Road. Mr. Hoisted replied that it ran directly north of the new school site to SH 78. Ms. Manson stated that Item D was the ROW approved from the north end of the property up to SH 78. She explained that these were approved in two separate items. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve a Final Plat for Wylie High School Number Two, subject property generally located north of Brown Street and west of Bennett Road. A vote was taken and passed 7-0. PUBLIC HEARINGS 1. (Requires A Motion To Remove From Table): Conduct a Public Hearing, and act upon, Ordinance No. 2006-18 amending the zoning from Agricultural (AG) District to Community Retail (CR) District for retail development, generally located south of Alanis Drive and west of S. Ballard Avenue. ZC 2006-02 (M. Manson, Assistant City Manager) Minutes - March 28, 2006 Wylie City Council Page 3 Tabled Item Council Action A motion was made by Mayor Pro Tem Hogue to remove Ordinance No. 2006-18 from the table for consideration. Consensus of Council was to remove from the table and consider. Staff Comments Assistant City Manager Manson addressed Council stating that the subject property is located at 400 Alanis Drive and totals 2.1618 acres. The property was annexed into the city in 1988 and is currently zoned agriculture. The applicant/owner is now requesting a change in zoning to Community Retail (CR)to allow retail development. Ms. Manson stated that the Planning and Zoning Commission did recommend approval of this request. Notices were also sent to residents within 200 feet and one request was returned in favor of the change. Public Hearing Mayor Mondy opened the Public Hearing at 6:16 p.m. No one was present to address Council Mayor Mondv closed the Public Hearing at 6:16 p.m. Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to approve Ordinance No. 2006-18 amending the zoning from Agricultural (AG) District to Community Retail (CR) District for retail development, generally located south of Alanis Drive and west of S. Ballard Avenue. (ZC 2006-02). A vote was taken and passed 7-0. 2. Conduct one of two Public Hearings for the annexation of a 61.26 acre tract of land located in the Allen Atterbury Survey, Abstract No. 23, Collin County, Texas; generally located west of F.M. 544, north of Elm Road. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that this request for annexation was made by the property owner, Michael Hood. The applicant property is located on the west side of F.M. 544, north of Braddock Place Estates Development. As a procedural matter and prior to annexation, two (2) public hearings must be held to allow interested persons an opportunity to comment on the annexation. Consideration of the annexing Ordinance will be conducted at the April 25, 2006 Council Meeting. No Action is required on this item 3. Conduct a Public Hearing, and act upon, Ordinance No. 2006-19 amending the zoning from Agricultural (AG) District to Planned Development for mixed uses to allow for Commercial and Industrial uses, generally located south of S.H. 78 and west of Eubanks Road. ZC 2006-01 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the subject property totals 71.259 acres and is divided into three (3) tracts. As proposed, Tract 1A and 1B will be developed under the guidelines of the Commercial Corridor (CC) District. Tract 2 will be developed under the regulations of Minutes - March 28, 2006 Wylie City Council Page 4 Industrial Zoning District, which the applicant seeks to construct an electrical switching station. Tract 3 will be dedicated to the City of Wylie as Parkland. She explained that the land use plan showed these types of commercial and industrial uses but differed in determining "heavy industrial"and "light industrial". Council/Applicant Discussion Mayor Mondy asked about the fence which was proposed to be chain link. Ms. Manson explained that with a PD there was some flexibility in fencing. She stated that the reasoning for the chain link fence with bob wire on top was a safety measure. Applicant Dallas Cothrum representing TXU Electric Delivery, 900 Jackson#640, Dallas Texas 75202 addressed Council stating that the request was for a switching station and he explained that he had presented this item to the Wylie Parks and Recreation Board with approval and also to the Planning Commission with approval. He explained that this was a mixed use project that included a switching station, commercial property development and parkland. He explained that there had been a concern in the past regarding the entire area being developed commercial. He stated that the switching station would generate several thousands of dollars in tax revenue as well as convenience of services to current and future residents. Additional sales tax and property tax will be derived from the proposed commercial portion of the PD. Mr. Cothrum than presented pictures of current switching stations and adjacent properties in the Dallas area. He explained that the proposed retail component on Highway 78 would screen the facility. Mayor Mondy asked Mr. Cothrum what the dots were on the plan. Mr. Cothrum stated that TXU had agreed to place trees along the side of the facility facing the parkland dedication. Mayor Mondy then asked if the chain link fence would be visible from Brown Street. Mr. Cothrum stated that he did not think it would since it was set back so far. Mayor Mondy asked staff if chain link fence was still allowed. Ms Manson stated that the chain link was permitted. Mayor Mondy asked City Engineer Hoisted if the City could request TXU to assist in the widening of Brown Street. Mr. Hoisted stated that he did not believe that the City could. Mr. Cothrum explained that TXU felt the parkland dedication was compensation for the Planned Development. Ms. Manson stated that during the last legislative session, it was ruled by the state that proportionate impact must be proven before any impact fee for road construction could be addressed. Councilman Young asked what the retail frontage would include. Mr. Cothrum explained to Council that TXU was not directly planning the retail portion of the PD. He introduced the development partner, Mr. Dale Foster residing at 3333 Beverly Drive, Dallas Texas. Mr. Foster addressed Council stating that the property would be replatted as need arose. He explained that at this time it was premature to enter any planning stages. Mayor Mondy then asked Mr. Foster to address Councilman Young's issue as to the time frame for development. Mr. Foster replied that it would be around 3 years but depended on the market cycle. He stated that development would be demand driven. He commented that when this project was built, it would be quality style and he would continue to own it. Public Hearing Mayor Mondy opened the Public Hearing at 6:40 p.m. M. G. (Red) Byboth, residing at 2722 F.M. 544, Wylie, Texas addressed Council regarding the fence/screening wall of the proposed electrical switching station. He stated that the night that this item came before Planning and Zoning, Mr. Byboth asked Mr. Cothrum about the fence issue. He explained that he had a great issue with the chain link fencing and explained that he used to live on Brown Street and stated that the chain link would be visible from the road and residents living there. He stated that Mr. Cothrum told the commission that TXU always used chain link on all their facilities. Mr. Byboth stated that he has since found out that this is not always the case and asked Council to consider very carefully this issue. He requested that this item be tabled so the commission and council could investigate the usage by TXU of masonry and other materials at their facilities. Mr. Cothrum rebutted by saying that in some cases there was masonry used (sub-stations), but never for a switching station because of the mere size. Mayor Mondy asked Mr. Cothrum if he would be agreeable to using masonry materials for fencing along Brown Street. Mr. Cothrum replied that TXU would prefer using landscaping along Brown. Mayor Mondy replied that he was asking for the masonry in addition to the landscaping. Mr. Cothrum asked if Mayor Mondy Minutes - March 28, 2006 Wylie City Council Page 5 was asking about just Brown Street. Mayor Pro Tern Hogue interjected that he would like to see the entire area abutting Brown St. and the parkland included. He stated that the point could be argued further but he felt the masonry would provide safety to the children. Mr. Cothrum asked if this included all of Brown Street and the parkland running adjacent to it. Mr. Cothrum then asked if this was approved would the City or TXU maintain the fencing. Mayor Mondy replied that it would be the responsibility of TXU to construct and maintain the fence. Mayor Mondy also stated that he wanted a neutral color. Mr. Cothrum stated that he would get with staff regarding the color. He asked if Council would consider doing only the Brown Street area. He stated that there was flood plain area involved in the parkland. Mayor Mondy stated that he would like to see all the area done and come back to Council/staff, only if areas were not found to be engineering sound. Mr. Cothrum agreed. Mayor Mondv closed the Public Hearing at 6:48 p.m. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance No. 2006-19 amending the zoning from Agricultural (AG) District to Planned Development for mixed uses to allow for Commercial and Industrial uses, generally located south of S.H. 78 and west of Eubanks Road with the modification that the parkland is being dedicated to the city and that fencing will be masonry (Brown Street and adjacent to the park). A vote was taken and passed 7-0. 4. Conduct a Public Hearing, and act upon, Ordinance No. 2006-20 amending the zoning from Agriculture (AG) District to Commercial Corridor (CC) District for commercial and/or retail development, generally located south of F.M. 544 and west of Sanden Boulevard. ZC 2006-04 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the subject property is located south of F.M. 544 and west of Sanden Boulevard and lies completely within the Muddy Creek Floodplain, which has been reclaimed. The applicant/owner is requesting a change in zoning to Commercial Corridor (CC) District to allow commercial and/or retail uses. Public Hearing Mayor Mondy opened the Public Hearing at 6:50 p.m. No one was present to address Council during the Public Hearing. Mayor Mondy closed the Public Hearing at 6:50 p.m. Council Action A motion was made by Councilman White, seconded by Councilman Young to approve Ordinance No. 2006-20 amending the zoning from Agriculture (AG) District to Commercial Corridor (CC) District for commercial and/or retail development, generally located south of F.M. 544 and west of Sanden Boulevard. A vote was taken and passed 7-0. Minutes - March 28, 2006 Wylie City Council Page 6 GENERAL BUSINESS 5. Consider, and act upon, a request by Imperium Holdings, L.P., to have Innovative Transportation Solutions represent the City during the F.M. 2514 alignment process. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that Imperium Holdings, L.P. has engaged the services of Innovative Transportation Solutions (ITS) to provide consulting services to them during the (re)align process for F.M. 2514. In an effort to develop a united front, they are seeking permission from the City Council to have ITS represent the City during the realignment process, at no cost to the City. Mr. Roath explained that Council could take no action, accept the request, or direct City staff to work with the requestor but not authorize the City's representation to Innovative Transportation Solutions (ITS). Requestor/Council Discussion Mr. Stephen Schattner representing Imperium Holdings, L.P. addressed Council stating that he was requested by some of the businesses on and around F.M. 2514 to represent them regarding the proposed Collin County alignment of FM 2514 to the north. He explained that this could be a loss of sales tax revenue to the City and commercial development of both Wylie and St. Paul. He presented several option alternatives to the proposed alignment and asked for City Council's approval to represent Wylie during the negotiations. Mayor Mondy asked Mr. Shatner if this was just speculation on the proposed alignment by Collin County. Mr. Shatner stated that this was speculation. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to direct City staff to work with the requestor but not authorize the City's representation to Innovative Transportation Solutions (ITS) during the F.M. 2514 alignment process. A vote was taken and passed 7-0. 6. Consider, and act upon, Ordinance No. 2006-21 amending the Wylie Code of Ordinances Chapter 22, Article X, Section 22-211 regulating abatement of dangerous buildings. (J. Bray, Building Director) Staff Comments Building Director Bray addressed Council stating that the purpose of this Ordinance is to establish the legal process for the City to abate dangerous buildings. He explained that this was for property maintenance codes. The Texas Local Government Code regulates this area and the City Attorney has recommended this ordinance be enacted to assist in carrying out the process. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance No. 2006-21 amending the Wylie Code of Ordinances Chapter 22, Article X, Section 22-211 regulating abatement of dangerous buildings. A vote was taken and passed 7-0. 7. Consider, and act upon, Ordinance No. 2006-22 related to the issuance and sale of "34,375,000 City of Wylie, Texas, General Obligation Bonds, Series 2006", authorizing the issuance of such bonds and awarding the bonds to the lowest bidder. (L. Williamson, Finance Director) Minutes - March 28, 2006 Wylie City Council Page 7 Staff Comments Finance Director Williamson addressed Council stating that the City has solicited completive bids for $35,325,000 City of Wylie, Texas General Obligation Bonds, Series 2006. Bids were opened on at 11:00 a.m. He explained that there were 9 bidders. The winning bidder shall be based on the lowest true interest cost to the City. He announced that Citigroup Global Market Inc. was the lowest bidder at 4.41%. The proceeds of this bond sale will be used to fund 3 years of the design and the construction of Projects approved by the voters on November 8, 2005. Mayor Mondy asked Mr. Williamson what the proposed bond rate was initially. Mr. Williamson replied that when the bond package was compiled they were estimating 5.50%; recently the rate was estimated at 4.50% which is higher than the final bid of 4.41%. This computes to a cost savings over the life of the bonds of approximately$2,470,000. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance No. 2006-22 related to the issuance and sale of "35,325,000 City of Wylie, Texas, General Obligation Bonds, Series 2006", authorizing the issuance of such bonds and awarding the bonds to the lowest bidder. A vote was taken and passed 7-0. 8. Consider, and act upon, entering into an agreement with McLain Decision Support Systems for an Update to the Water and Wastewater Rate Study in an amount not to exceed $14,500.00. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the City Council awarded a contract to Maximus, Inc. in March 2003 to conduct a Water and Wastewater Rate Study. Since that time, the City has updated its Water and Wastewater Capital Improvement Plan (CIP) and review of associated Impact Fees. It is now necessary to update that Study in order to factor expenditures and projected revenues associated with the Impact Fee Study. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve an agreement with McLain Decision Support Systems for an Update to the Water and Wastewater Rate Study in an amount not to exceed $14,500.00. A vote was taken and passed 7-0. 9. Consider, and act upon, Resolution No. 2006-10(R) authorizing the purchase and installation of credit card reading equipment, amending the budget to provide appropriations for the purchase of the equipment, and authorizing the Finance Director to include the annual operating cost of credit card services in the scope of services being provided under the City's depository contract. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the Finance Department has received requests from various departments for the ability to accept credit card payments for city services. The City's depository bank can provide the platform for these services through the contract with the City and would bill the city through compensating balances. All reading equipment to implement a credit card payment system would be purchased outright by the City at a cost of$7,000. Minutes - March 28, 2006 Wylie City Council Page 8 Council Discussion Mayor Mondy asked Mr. Williamson if this type of payment could be used for Municipal Court and Permitting. Mr. Williamson replied that the system would be set up to take Municipal Court payments, Wylie Wave, parks and building permits, and utility billing. Mayor Mondy asked what the rate from the credit card companies would cost the City. Mr. Williamson replied that they very depending on the credit card used, whether it was a residential or commercial customer, and whether it is voice activated or not. He explained that based on the department utilization mentioned earlier the best estimate of annual cost would be around $21,000. Mayor Mondy asked if the City would try and recoup the cost of these charges. Mr. Williamson stated that this agenda item would put the system in place. The Council could initiate a fee for using this type of payment or budget annually for the expenses in another agenda item. Councilman Young asked if the $7,000. would cover the cost of implementation. Mr. Williamson explained that this was the initial installation cost. Councilman Newsom stated he believed there could be a $5.00 service fee paid by the customer using the credit card. Mr. Williamson reported that when he was researching this item, he found legislation that allowed the City to charge up to $5.00 for the use of credit card payments. Councilman Newsom stated that rather than entertaining a fee to all customers, he would rather see a service fee for users of this type of payment. Mr. Williamson explained that this was a policy decision by Council as to whether the cost should be carried to the user or paid by the City. Councilman Newsom asked Mr. Williamson to give comparative figures regarding how much it cost the city to process checks and cash payments opposed to credit card payments to get a true cost of accepting credit card payments. Councilman Newsom stated that he was in favor of allowing credit card payments for convenience but did not at tax payer expense. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to table this item to the April 25, 2006 Council meeting in order for staff to provide detailed information to Council. A vote was taken and passed 7-0. 10. Consider, and act upon, accepting the letter of resignation of Gary Bowland and the appointment of a new member to the Wylie Economic Development Corporation Board, to fill the unexpired term. (S. Satterwhite, WEDC Executive Director) Staff Comments Executive Director Satterwhite addressed Council stating that Mr. Gary Bowland was appointed to a three year term on the Wylie Economic Development Corporation Board beginning in July 2004 and expiring in July 2007. On March 15, 2006, Mr. Bowland resigned his position due to moving out of the City limits. He requested that a new board member be appointed to replace Mr. Bowland. Council Discussion Councilman Newsom stated that he felt the Council should accept the resignation of Mr. Gary Bowland and recognize his long service to the WEDC however at this time he recommended tabling this item for the time being until other issues regarding WEDC had been resolved. Councilman Young responded that these issues were being addressed by WEDC and with the appointment of a new member to the board, it would ensure the continuation of this process. Council Action A motion was made by Councilman Young to accept the resignation of Gary Bowland and appoint Mitch Herzog to the Wylie Economic Development Corporation Board. There was no second on this motion. Councilman Young withdrew his motion. Minutes - March 28, 2006 Wylie City Council Page 9 Council Discussion Councilwoman Allen stated that she was in favor of the nomination of Mitch Herzog to fill the unexpired term of Gary Bowland but felt that putting a new member on the board now, would not be beneficial to either party. She suggested tabling the item until the issue surrounding WEDC had been addressed or to the next meeting. Council Action A motion was made by Councilwoman Allen, seconded by Mayor Pro Tem Hogue to accept the resignation of Gary Bowland and to table the appointment of a new member to the April 11, 2006 Council meeting. A vote was taken and passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article Ill, Section 13-D. City Secretary Carole Ehrlich read captions to Ordinances 2006-13, 2006-14, 2006-15, 2006-16 and 2006-17 into the official record. ADJOURNMENT With no further business before Council, a motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to adjourn the meeting at 7:36 p.m. Consensus of Council was to adjourn. John M nd , Mayor ATTEST: ``% 'Gr SEAL Carole Ehrlich, C Secretary Minutes - March 28, 2006 Wylie City Council Page 10