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04-11-2006 (City Council) Minutes 74( Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, April 11, 2006 -6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor pro tem Eric Hogue, Councilwoman Reta Allen, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Councilman Earl Newsom was absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager and Planning Director, Mindy Manson; City Engineer, Chris Hoisted; Finance Director, Larry Williamson; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Bruce Brisco, Elder at New Hope Christian Church of Wylie gave the invocation and Councilman White led the Pledge of Allegiance. 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. Theresa Reinhardt residing at 1022 Lowndes Lane, Wylie, Texas addressed Council stating that she was going to speak with the City Manager regarding only one street light on her street. She explained that when the development was built only one street light per 9 homes was required. Currently the requirement is for every 5 homes. She also commented that her son played soccer in Founders Park and desired to see an ordinance passed that would restrict smoking on City fields. Mayor Mondy directed the City Manager to address these issues with Ms. Reinhardt. Councilman Young asked City Manager Roath if there was an ordinance in place restricting smoking in City facilities. City Manager Roath stated that he would meet with Ms. Reinhardt and report back to 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. Minutes—April 11, 2006 Wylie City Council Page 1 A. Approval of the Minutes from the March 27, 2006 Joint Meeting, the March 28, 2006 Regular Meeting and the April 4, 2006 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Final Plat creating 85 single-family residential lots for Braddock Place Addition, Phase 1, subject property being generally located west of South Stone Road (Old F.M. 544) and south of Elm Drive. (M. Manson, Assistant City Manager) Minutes Correction Councilman Young stated that he had some corrections to the March 28, 2006 City Council Minutes. He asked if non clarification comments made could be stricken from the minutes. City Secretary Ehrlich stated that these comments were made and transcribed from the tape recording of the meeting. He also asked if information could be provided to Council regarding (Item #6) Ordinance No. 2006-21 regulating abatement of dangerous buildings, explaining who would police this ordinance and how many warnings would be written. Councilman Young asked if the addition of a question posed by Mayor Monday could be added to Item #10, page 10, under Council Discussion. Correction so noted and made: Mayor Mondy asked Councilman Young if it would be advantageous to have a new member on the WEDC Board to continue to address current issues of WEDC. Councilman Young replied yes it would. Council Action A motion was made by Mayor pro tern Hogue, seconded by Councilman Young to approve the Consent Agenda with the noted correction. A vote was taken and passed 6- 0 with Councilman Newsom absent. REGULAR AGENDA Public Hearings 1. Conduct a Public Hearing, and consider, and act upon, Ordinance No. 2006-23 amending the zoning from Community Retail (CR) to Community Retail with a Specific Use Permit (SUP) to allow for a hotel, generally located on the southeast corner of S.H. 78 and West Kirby Street. ZC 2006-05 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the subject property is located on the southeast corner of S.H. 78 and West Kirby Street. The applicant is requesting that the property be rezoned to allow for a hotel on one lot. She stated that 6 responses had been returned by property owners within 200 feet of the propose zoning change with 3 responding for and 3 responding against. The Planning and Zoning Commission voted to recommend denial (6-0)for the requested change in zoning on March 21, 2006. She explained that it would take a super majority (6 of 7 affirmative votes) of the City Council to approve this zoning change. Councilman Porter asked Ms. Manson what the staff recommendation was. She replied that staff recommended approval. Councilman Porter then asked Ms. Manson if there was a reason why P & Z voting to deny. Ms. Manson stated that it was not an appropriate use for the property and that there were other uses recommended in the zoning ordinance that would be better uses in a residential area. Minutes—April 11, 2006 Wylie City Council Page 2 Applicant Comments Pat Brandon Fussell (applicant) residing at 110 N. Harrison, San Augustine, Texas addressed Council stating that he was the President of Fussell Companies a development company specializing in hotels. He gave a short presentation showing some of the designs of completed hotels in areas within the United States. Council Discussion Mayor Mondy asked Mr. Fussell if his properties were age restrictive and if he built senior living facilities. Mr. Fussell stated that his company did not. He explained that Sanden, Extruders and Home Depot were the main focus of the proposed hotel. He explained that these facilities were senior friendly. Councilman Porter asked how many rooms would be available. Mr. Fussell stated there would be 49 rooms. He explained that this project was a mid to high end hotel proposal with room rates ranging around $65.00 per night. He stated that Occupancy taxes to the City should run somewhere around $50,000 to $70,000 per year with a 70% occupancy expectation. He commented that a survey was conducted by Bruce Walker, Source Strategies which showed that an average occupant would spend around $250.00 per day in town. Mr. Fussell also commented that the hotel would employee around 15-17 employees. Councilwoman Allen asked whether large trucks would be parking in and around the hotel. Mr. Fussell commented that with a cost of $65.00 per night, trucking companies would not be willing to stay at this price range hotel. Councilwoman Allen asked what type of hotel would be occupying the facility. Mr. Fussell stated that Best Choice would be their first choice or possibly La Quinta but that no hotel chain had committed to this project as the present time. He explained that his philosophy was to construct to at least 85% of the facilities before going out to acquire a hotel chain franchise for the facility. He stated that in doing this, there was cost savings to his company. Mayor pro tem Hogue asked if this zoning case went back to P & Z, what he would change to allow P & Z to approve this zoning case. Mr. Fussell explained that when preparing for the Planning and Zoning Commission, he had confidence based on conversations with pervious staff that this case would be smooth sailing. He stated that he did not take any information for presentation to the meeting and in the future would present this information. Public Hearing Mayor Mondy opened the Public Hearing at 6:30 p.m. Sandy Ward, residing at 910 Mardi Gras, Wylie, Texas spoke against the proposed zoning amendment for retail development. She stated that she had resided in the location since 1963 and found that much of the property surrounding the proposed site has become rental property and that is the reason that there is little opposition. She explained that crossing the intersection at Mardi Gras was a nightmare and she was thinking of requesting a light. She explained that with the development of a hotel, the traffic would only get worse. She stated that visibility of the hotel from the residential area was another issue. Henry Martinez, residing at 2121 Posey, Wylie, Texas spoke in favor of the proposed zoning amendment for retail development. He stated that last year his sister passed away and when family and friends came in from around the United States for the funeral, there was no where to stay in Wylie. He requested that City Council consider approving this zoning case. With no one else present to address Council, Mayor Mondy closed the Public Hearing at 6:35 p.m. Minutes—April 11, 2006 Wylie City Council Page 3 Council Action A motion was made by Councilman Porter, seconded by Councilman Young that Zoning Case 2006-05 be returned to the Planning and Zoning commission for reconsideration, at the request of the applicant. A vote was taken and passed 6-0. Councilman Newsom was absent. 2. Conduct a Public Hearing, and consider, and act upon, Ordinance No. 2006-24 amending the zoning from Agriculture (AG) District to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (C.R. 389) and Forrest Ross Road. ZC 2006-06 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the subject property is located on the northeast corner of Lynda Lane and Forrest Ross Road. The applicant is requesting that the property be rezoned to allow for townhouse development. Staff has recommended approval. The Planning and Zoning Commission voted 4-2 to recommend denial for the requested change in zoning on March 21, 2006. Mayor Mondy asked if Planning and Zoning gave a reason for denial. Ms. Manson stated that there was some discussion regarding adjacent industrial zoning and the impact to WISD with the town homes and children enrolling in the school system. Applicant Discussion Mr. Alan Adkins residing at 7612 Roundrock Road, Dallas Texas addressed Council stating that this piece of property was a challenge due to its shape and size. He stated that he, as the owner of the property, had tried to trade the property to North Texas Municipal District, but the transaction was never completed. He stated that he had met with staff and they had recommended taking this application to Planning and Zoning Commission. He explained that he was optimistic regarding approval by P & Z and when this case was recommended for denial, his understanding for denial was because of the impact to the school system. Mr. Lawrence DeBerry residing at P. 0 Box 2589 Wylie, Texas addressed Council. Mr. DeBerry stated that he had compiled information regarding the impact on WISD with regard to the proposed townhomes. He presented a spread sheet showing the proposed number of townhomes and some statistics regarding other Wylie townhomes and the percentage of children residing at the present time. He stated that with 17 duplexes, the property taxes paid to the school district outweighed the expense for the percentage of children enrolling in the school system. Public Hearing Mayor Mondv opened the Public Hearing at 7:00 p.m. No one was present to address Council during the Public Hearing. Mayor Mondy closed the Public Hearing at 7:00 p.m. Council Discussion Mayor Mondy stated that he would be very frank in stating that some of the property within Wylie that was constructed years ago is now rental property. He explained that Wylie had rental property that was now deteriorating. Mr. DeBerry stated that he disagreed explaining that he owned rental property in Wylie and kept the property in good condition. Mayor Mondy then stated that the other side of the coin is; "what else Minutes—April 11, 2006 Wylie City Council Page 4 you can build on this piece of property"? Councilman Porter stated that if this type of development was not constructed he felt the property would stay vacant. Council Action A motion was made by Councilman Porter to approve Ordinance No. 2006-24 amending the zoning from Agriculture (AG) District to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (C.R. 389) and Forrest Ross Road. ZC 2006-06. The motion died for lack of a second. Council Action A motion was made by Councilman White and seconded by Mayor pro tern Hogue to deny amending the zoning from Agriculture (AG) District to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (C.R. 389) and Forrest Ross Road. ZC 2006-06. A vote was taken and passed 5-1. Mayor Mondy, Mayor pro tern Hogue, Councilman White, Councilwoman Allen, and Councilman Young voting for and Councilman Porter voting against. Councilman Newsom was absent. 3. Conduct a Public Hearing on the updated Water and Wastewater Impact Fees. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that in accordance with Section 395 of the Local W s, Government Code, the City Council adopted an Ordinance on February 28, 2006 establishing the date for a public hearing on the update Water and Wastewater Impact Fees. Public Hearing Mayor Mondv opened the Public Hearing at 7:05 p.m. No one was present to address Council during the Public Hearing. Mayor Mondy closed the Public Hearing at 7:05 p.m. Council Action No action was required by Council. General Business 4. Consider, and act upon, Ordinance No. 2006-25 amending Ordinance Nos. 90-10, 93-4, 97-4, and 2001-19 regarding Water and Wastewater Impact Fees to be assessed by the City of Wylie. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that in accordance with Section 395 of the Local Government Code, a public hearing was conducted to receive public comments on the updates to the Water and Wastewater Impact Fees. Approval of Ordinance No. 2006-25 would thereby amend Ordinance Nos. 90-10, 93-4, 97-4, and 2001-19. Minutes—April 11, 2006 Wylie City Council Page 5 Council Discussion Mayor Mondy asked Mr. Hoisted if the fees reflected the cost increases since this study was completed. Mr. Hoisted stated that the fees would cover the current cost of steel and concrete. He explained that this impact fee could be reviewed and amended at any time the Council wished. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve Ordinance No. 2006-25 amending Ordinance Nos. 90-10, 93-4, 97-4 and 2001-19 regarding Water and Wastewater Impact Fees to be assessed by the City of Wylie. A vote was taken and passed 6-0. Councilman Newsom was absent. 5. Motion to Remove from the Table: Consider, and act upon, the appointment of a new member to the Wylie Economic Development Corporation Board, to fill the unexpired term. (S. Satterwhite, WEDC Executive Director) Tabled Item from March 28, 2006 Council Action A motion was made by Mayor pro tern Hogue to remove Item #5 from the table. Consensus of Council was to remove from the table and consider. Staff Comments Wylie Economic Development Executive Director Sam Satterwhite addressed Council stating that this item had been tabled from the March 28, 2006 City Council meeting. He explained that as per section 4.01 Board of Directors of the First Amended Bylaws of the Wylie Economic Development Corporation, the business and affairs of the Corporation and all corporate powers shall be exercised by or under the authority of the Board of Directors, appointed by the governing body of the City of Wylie. He asked that the Council appoint a new board member to fill the unexpired term of Gary Bowland. He explained that the WEDC Board Chairman was present to address Council WEDC Board Chair Comments WEDC Chairman Marvin Fuller addressed Council stating that he was requesting that the City Council appoint a board member to fill the unexpired term of Gary Bowland. Council Discussion Councilman Young asked Mr. Satterwhite if the appointment of a new board member would assist the board with several projects the board was currently working on. Mr. Satterwhite commented that it was always better to have more input and would be beneficial to the board. Councilman Young then asked if there was the danger of a spit vote with the number of members currently serving on the board. Mr. Satterwhite commented that there was. Mayor pro tern Hogue stated that if a board member was appointed, he requested a work session to set guidelines and tweak some procedures. He stated that in the next couple of weeks he and Councilwoman Allen would like to participate in a work session. Councilman Young agreed that a work session was needed with representatives from each entity. Councilwoman Allen stated that she would like to see a member appointed tonight to sit in on the work session. Minutes—April 11, 2006 Wylie City Council Page 6 Applicant Comments Mr. Mitch Herzog residing at 802 Forrest Edge Lane, Wyllie, Texas addressed Council stating that he had lived in the City for twelve years and also works in Wylie. He stated that he has had a passion for several years to serve on the WEDC."I feel I have a good understanding of what the City is striving to become in the next several years". He stated that he had a finance degree from Texas A & M University as well as an accounting degree and felt he was very qualified to serve on this board. Council Action A motion was made by Councilwoman Allen, seconded by Councilman Young to appoint Mitch Herzog to the Wylie Economic Development Corporation Board. A vote was taken and passed 6-0. Councilman Newsom was absent. Council Direction Mayor Mondy directed City Manager Roath to meet with WEDC Executive Director Satterwhite to schedule a work session within the next 60 days to discuss among other items; operating guidelines; reviewing the vision of the EDC and where it is going; sharing ideas regarding development of SH 78 from Kreymer to Lavon and SH 2O5. Councilman Porter asked for discussion regarding accountability. He also requested that all negotiations under consideration of the WEDC for not only large proposed business but small business as well be distributed to Council on a regular basis. 6. Consider, and act upon, the appointment of a board member to the North Texas Municipal Water District Board. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the City of Wylie has two board members on the NTMWD Board; Mr. Harry Tibbals and Mr. Marvin Fuller. Mr. Fuller, whose term will expire May 31, 2006, has confirmed that he would be willing to serve another term. Council Discussion Mayor Mondy emphasized the importance of long term service on this board. He stated that the board guided the issues relating to the NTMWD and most members served for many years. Mr. Marvin Fuller, current board member was present to state the cities serving on the board. He explained that the NTMWD had the lowest rate for water in the state at the current time. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to re-appoint Marvin Fuller to the North Texas Municipal Water District Board. A vote was taken and passed 6-0. Councilman Newsom was absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section I3-D. City Secretary Carole Ehrlich read the caption to Ordinance 2006-25 into the official record. Minutes —April 11, 2006 Wylie City Council Page 7 ADJOURNMENT With no further business before Council, a motion was made by Mayor pro tern Hogue to adjourn the meeting at 7:25 p.m. Consensus of Council was to adjourn. 1 John ondy, Mayor 1 = ATTEST: _ E\I, Ca ole Ehrli h, City Secretary iiioo -<<►ri ilv, Minutes—April 11, 2006 Wylie City Council Page 8