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01-13-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, January 13, 2004 --6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North RDR Mayor Mondy called the meeting to order with the following Council members present: Mayor Pro Tern Eric Hogue, Councilman Randal Shinn, Councilwoman Reta Allen, Councilman Merrill Young, Councilman J.C.Worley, and Councilman Chris Trout.The following staff members were also present: Acting City Manager, Mindy Manson, Finance Director, Brady Snellgrove, City Engineer, Chris Holsted, Planning Director, Claude Thompson, and Administrative Assistant, Aimee Nemer. L1�'�;CICt�T��Q�'�;:; .;1')1.. +�fr ,Q..:..tk��•�...::.:... _........ ....._.. Pastor Keith Spurgin, New Hope Christian Church gave the invocation. Councilman J.C. Worley led the Pledge of Allegiance. • Presentation of Star Students with the Character Trait of"Caring". Mayor Mondy and Mayor Pro Tern Hogue presented Star Students with certificates and gifts in recognition of them being selected by their school for the Character Trait of"Caring". No citizens came forward to participate. matter .l ted:::under the;;:Consent: nda are c dered.;to:be:routin by::th:+ :>Oft govotioitiii*Iii.i0o. <Tbere:>will not::be<se a rate:.dise .of these tea g :d€scussio :is.d d,:::th�t. tem e�taetedb. :c►�ae.:>nl�........... ...........:..:::::::::::::::::::::P::::::::.::::::::..::::::.:::::.:...................................................: : ::::.::::::::::: ::::::::: A. Approval of the Minutes from the Regular Meeting of December 9,2003. B. Consider and act upon approval of final acceptance of the Stoneybrook alleys paving project and authorize final payment to Santos Construction, Inc., in the amount of$25,549.66 and accept the project as complete. C. Consider and act upon approval of final acceptance of the Rustic Oaks Drainage project and authorize final payment to Craig Olden, Inc., in the amount of $27,076.22 and accept the project as complete. D. Consider and act upon a Final Plat for the Wylie Lakes Phase 1 Addition, being all of a certain 49.518 acre tract of land, generally located east of Forrest Ross Road and south of Skyview Drive, and being a part of the 121.11 acre tract of land as described in a deed to Wylie Lakes, Ltd., recorded in Volume 5415, Page 4387 of the Deed of Records of Collin County, Texas (DRCCT), and being situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Minutes—January 13,2004 Wylie City Council Page 1 Council Action Councilman Hogue made a motion to approve the Consent Agenda as presented. Councilman Worley seconded the motion. A vote was taken and passed, 7-0. fNDI DUAL.;CONSIDERATION 1. Consider and act upon an Ordinance repealing Ordinance No. 2003-26, amending Chapter 102, "Streets, Sidewalks, and Other Public Places". Council Action Councilman Young made a motion to consider an Ordinance repealing Ordinance No. 2003-26. Councilwoman Reta Allen seconded the motion. A vote was taken and the motion was denied, 2-5 with Councilman Young and Councilwoman Allen voting for and Mayor Mondy, Mayor Pro Tern Hogue, Councilman Shinn, Councilman Worley, and Councilman Trout voting against. Tabled from 12-09-03 2. Consider and act upon approval of a Resolution of the City Council of the City of Wylie, Texas, recommending the reconnection of Marble Street and Jackson Street as part of the SH 78 construction project. Staff Comments City Engineer Chris Holsted informed Council that the approval of this Resolution would formalize the City's recommendation to TxDOT to reconnect Marble and Jackson Streets to SH 78. He stated that TxDot has stated that neither street will have a median opening due to the future realignment of Oak and Brown streets. Council Discussion Councilman Young stated that he would like to separate the item into two votes; one vote for the reconnection of Marble Street and a second vote for the reconnection of Jackson Street. Ms. Manson clarified that the Resolution could be revised and item could be voted on with two separate motions. Council Action Councilman Young made a motion to untable the item and approve the recommendation to reconnect Marble Street. The motion was seconded by Councilman Trout. A vote was taken and passed, 7-0. Councilman Young made a motion to deny the opening of Jackson Street to SH 78. Since there was no second,the Mayor suggested further discussion. Council Discussion The Mayor asked City Engineer Chris Hoisted what would occur if the Council denied the reconnection of Jackson Street. Mr. Holsted stated that TxDot would not reconnect Jackson Street on the north side of SH 78. Councilwoman Allen and Mayor Pro Tern Hogue asked Councilman Young why he would not want Jackson Street reconnected. Councilman Young stated that he felt the two streets were too close together and with Jackson Street being a short street, he did not feel it was necessary. Councilman Young stated concerns that the access did not require an opening and was concerned with the cost. Councilman Shinn asked how much the reconnection of Jackson Street would cost. Mr. Hoisted clarified that the alignment of Jackson Street would not require reconfiguration. He also stated that he believed there would be no additional costs to the City. Councilwoman Allen stated concerns that the current daycare facilities located on Jackson Street would need the SH 78 access. Councilman Worley stated that the proposed bank on Jackson Street would also need the SH 78 access. Minutes—January 13,2004 Wylie City Council Page 2 Council Action Councilman Young made a motion to reconnect Jackson Street to SH 78 approving Resolution No. 2004- 02. Councilman Worley seconded the motion. A vote was taken and passed, 7-0. Tabled from 12-09-03 3. Consider and act upon a motion to remove the agreement with Bozman Farms Development, Ltd. for reimbursement through impact fees for the construction of the Rush Creek 30-inch outfall sewer line from the table and a motion to re-table item. Council Action Councilman Trout made a motion to untable the item. Councilman Worley seconded the motion. A vote was taken and passed, 7-0. Staff Comments Ms. Manson stated that staff recommended tabling the motion non-date specific. Council Action Councilman Trout made a motion to table the item. Councilman Worley seconded the motion. A vote was taken and passed, 7-0. 4. Consider and act upon a Resolution renaming Birmingham Park to "Joel Wayne Scott Memorial Park." Council Discussion Councilman Trout stated that he would like to receive input from Ms. Margaret Scott when signage for the naming of the park is put in place. Councilwoman Allen stated that she would like to rename another piece of property in memory of Joel Scott in the future if the City acquired it. Mayor Mondy stated that he would inform Ms. Scott after the approval of the resolution. Council Action Councilman Worley made a motion to approve Resolution No. 2004-01, renaming Birmingham Park to Joel Wayne Scott Memorial Park. Councilman Trout seconded the motion. A vote was taken and passed, 7-0. 5. Consider and act upon an Ordinance amending Chapter 78, Article IV and appendix C-Fee Schedule, Section 15.00 of the Wylie Code of Ordinances regarding parkland dedication procedures and requirements or payment of cash in lieu thereof. Staff Comments Development Services Director Mike Sferra informed Council that the proposed ordinance included 6 recommendations to the Parkland Dedication Ordinance. Mr. Sferra summarized the proposed changes with Park Board and staff recommendations as follows: Parkland Dedication Fee Five(5)or more single-family dwelling units per acre $1,500 per lot Three(3)or four(4)single-family dwelling units per acre $2,000 per lot One(1)or two(2)single family dwelling units per acre $3,000 per lot Individual multi-family(apartment)dwelling unit ........................ $800 per dwelling unit Minutes—January 13,2004 Wylie City Council Page 3 Land Dedication Requirement The Board recommends increasing the land dedication requirement from one and a half(1.5) acres for every 100 dwelling units to a minimum of five (5)acres for developments containing less than 100 dwelling units and to five (5)acres per 100 dwelling units for any development containing 100 or more dwelling units. Proposed Addition of a Non-Residential Dedication Requirement The current ordinance does not address non-residential development. Upon review of ordinances from local communities, the Board recommends imposing a park dedication fee in the amount of$1,000 per acre or prorated portion thereof,upon all non-residential development in the City. Proposed Change of Park Zone Requirement The current ordinance stipulates that the collected parkland dedication fees must be used within the same geographic area or "Park Zone" in which the residential development generating the fees occurs. Occasionally, opportunities for land acquisition or facilities improvements may arise in a particular zone at a time when insufficient funds are available in the zone for the desired procurement. To remedy this potential situation and to allow greater flexibility with the use of all available parkland dedication funds, the Park Board recommends revising the current ordinance to state that upon recommendation of the Park Board and approval of the City Council, funds from any or all park zones may be combined for special purposes. Proposed Subdivision Phasing Parkland Escrow Requirement Staff recommends amending the current ordinance to require the developer to escrow funds equivalent to the number of dwelling units constructed in any initial phase of a development if the parkland is located in a future phase. When the future phase is constructed, and the parkland is dedicated to the City, the City would release the escrow funds plus interest back to the developer. Under advice of the City Attorney, if the future phase containing the parkland is not constructed within five (5) years of completion of the initial phase of the overall development, the escrowed funds will be forfeited to and become property of the City. Proposed Biennial Ordinance Review The current ordinance does not contain a provision requiring a periodic review and update of the ordinance. Upon review of ordinances from local communities, the Board recommends that the ordinance be amended to include a mandatory review of the ordinance by the Park Board every two years. Any recommendations to amend the ordinance after Park Board review will be forwarded to the City Council for review and consideration. Mr. Sferra offered to answer any questions the Council may have about the proposed amendments. Council Discussion Councilman Trout clarified that the proposed amendment regarding the land dedication requirement was an effort to follow the Parks and Open Space Master Plan. Councilman Trout stated concerns about the repayment of funds to specific park zones. The Mayor inquired if it was allowable to borrow funds from specific park zones to use for projects in other zones. Ms. Manson stated that the current ordinance does not allow for this. Mr. Sferra clarified that the Park Board is asking for that type of flexibility in borrowing funds. Ms. Manson stated that language could be added to the ordinance stipulating that Council 'may' require that funds borrowed from a specific zone are repaid at a later date. Councilman Shinn asked how the figure of 5 acre per 100 dwellings was determined. Mayor Mondy stated that citizen volunteers made that recommendation based on local community comparison. Councilman Shinn expressed concerns about going from 1.5 acres to 5 acres and asked if that could possibly have a negative effect on development. Ms. Manson stated that the ordinance does allow for a developer to provide a combination of funds and land. Mayor Mondy reminded Council that if approved, this requirement would only apply to future development. Councilman Shinn asked if there was a sliding scale on number of dwellings per mulit-family. Mr. Sferra stated that the current ordinance required only $500.00 per lot, with one apartment complex being considered one lot. He stated that after reviewing local cities ordinances,the Park Board is recommending Minutes—January 13,2004 Wylie City Council Page 4 collecting $800.00 per dwelling unit. Mr. Sferra stated that there is no sliding scale but that multi-family was addressed through this proposed requirement. Councilman Trout stated that due to his concerns and the other ones noted, he recommends reviewing the ordinance in one year and then biennial after that. Councilman Hogue stated that if approved, the City's fees would increase from the next to lowest amount per lot to the highest amount per lot. Mayor Mondy reminded Council that the City issued the 6th number of building permits in the metroplex and that the City was currently approximately 60% built out within the current City limits. Councilman Trout stated that some of the comparison cities that had lower fees have not reviewed their fees in the past several years. There was a consensus that the proposed fees are dramatically increased but comparable to local cities. Councilman Young asked if the non-residential dedication included business and industrial. Mr. Sferra stated that it was. Councilman Young stated that this proposed requirement was already covered in the current zoning and land plan. He stated that he would like to strike that requirement from the proposed ordinance. Councilman Young stated that he was concerned that this requirement would burden potential businesses, especially smaller businesses. Mr. Sferra explained that the Park Board's logic behind this proposal was that when businesses purchase and develop their property, they are taking land out of the available parkland use and therefore should come at some cost for use since land is a scarce resource. Councilman Hogue stated that businesses coming into the community should contribute to the community amenities such as parks and recreation facilities. Council Action Councilman Trout made a motion to approve Ordinance No. 2004-01 with the addition of language to the Park Zone requirement with regard to the repayment of funds as directed by Council and the review of the ordinance in one year and biennial thereafter. Councilman Worley seconded the motion. A vote was taken and passed, 6-1, with Councilman Young voting in opposition. 6. Consider and act upon an Ordinance of the City Council of the City of Wylie, Texas, renaming a portion of West Kirby Street to Jackson Circle and a portion of Stone Road to Stone Circle. Staff Comments City Engineer Chris Holsted explained to Council that this ordinance would formalize the Council's recommendation to rename the said streets that were reconfigured in the connection of Kirby and Stone Road. He stated that as discussed in a previous work session, this recommendation would have the least impact on the businesses and residents involved. Council Discussion Councilman Trout asked if staff had communicated with the people involved. Mr. Holsted stated that staff has not talked to every resident but if the ordinance is approved, the City will notify each resident and property owner. Councilman Young asked if the City would notify the post office. Mr. Hoisted stated that the City would provide them with the necessary paperwork. Mayor Mondy clarified that the City will notify the Federal Government. Ms. Manson stated that the City would assist the property owners with the address changes as much as possible. Council Action Councilman Worley made a motion to approve Ordinance No. 2004-02 renaming the said streets. Councilman Trout seconded the motion. A vote was taken and passed, 7-0. Minutes—January 13,2004 Wylie City Council Page 5 7. Consider and Act upon an Ordinance to establish an Ad Valorem Tax Freeze on Residence Homesteads of the Disabled and the Elderly and their Spouses. Staff Comments Finance Director Brady Snellgrove explained to Council that the proposed ordinance is a result of tax changes adopted in the 2003 state legislation. He stated that the changed would go into effect for the 2004 tax year for those who qualify and apply for the exemption. He explained that there is only one exemption per household. Council Discussion The Mayor asked if this information can be advertised in the City newsletter and website. Mr. Snellgrove stated that it can also be advertised in The Wylie News. Ms. Manson stated that forms can be made available at the library. Councilman Young asked for clarification on the tax freeze as to whether or not the tax would be frozen at the lower rate. Mr. Snellgrove stated that there are a lot of variables and would need to research it further. Councilman Young asked if the ordinance could be more specific by replacing the term `elderly' with 'age 65'. Ms. Manson stated that the ordinance does state `65'. Council Action Mayor Pro Tem Hogue made a motion to approve Ordinance No. 2004-03 establishing an Ad Valorem Tax Freeze on residential homesteads that are disabled or elderly, being age 65 or older, as specified by state guidelines. Councilman Shinn seconded the motion. A vote was taken and passed, 7-0. Public Hearing 8. Hold a Public Hearing and act upon a change in zoning from Agriculture(A)to Neighborhood Services (NS) District and approval of a Special Use Permit, located at 520 North Ballard Avenue, being approximately 0.86 acre of land situated in the James Truett Survey, Abstract No. 920, City of Wylie, Collin County, Texas. (Zoning Case 2003-13) Staff Comments Planning Director Claude Thompson explained that the subject property is 0.86 acre in size, and was annexed into the City of Wylie in August of 2003 and has never been platted. He stated that a major water transmission line, 60 feet in width, runs along the south boundary of the lot, rendering approximately half of it undevelopable. Mr. Thompson explained that the property previously accommodated a number of retail and personal service uses, and is currently occupied by a photographic service (under a temporary Certificate of Occupancy). He stated that a telecommunications tower and 300 square feet equipment/service building, occupies a wire-fenced at the center of the property. Mr. Thompson stated that when annexed, the subject property was temporarily zoned as Agriculture (A) District until appropriate permanent zoning can be established by the City Council. He informed Council that the owner/applicant is requesting rezoning of the property from Agriculture to Neighborhood Services (NS) District in order to utilize the existing building for the types of commercial uses for which it was constructed. He stated that the applicant is also requesting a SUP in order to continue the operation of the existing tower. Mr. Thompson stated that approval of the SUP will merely legalize the continuing operation of the tower and the SUP will run with the land rather than with the ownership. Council Discussion There was some clarification as to the location of the subject property. Minutes—January 13,2004 Wylie City Council Page 6 Public Hearing The Mayor opened and closed the public hearing with no citizens coming forward. Council Action Councilman Worley made a motion to approve the zoning change from Agricultural (A)to Neighborhood Services (NS) and approve the Special Use Permit(SUP). Councilman Trout seconded the motion. A vote was taken and passed, 7-0. -AtAti;. I*:::C1Rl3IA1St .:E�c`<�IltE.:A.tAP'1<'IOC.A........:€I.:::::::::::::::::::::::.::():.::::::::::: ::.:::::::..::.:.:.:::o :::::: :.:. Administrative Assistant, Aimee Nemer read captions to the following approved ordinances: 2004-01, 2004-02, 2004-03, and 2004-04 Mayor Mondy adjourned the meeting to Work Session following a short recess at 7:10 p.m. Mayor Mondy called the Work Session to order at 7:25 p.m. • Presentations by Executive Search Firms for the Procurement of a New City Manager. Council heard presentations from The Mercer Group, Ralph Anderson and Associates, and The Waters Group. Mayor Mondy adjourned the Work Session back into open session at 9:12 p.m. 9. Consider and act upon authorizing the Interim City Manager to enter into an agreement with an Executive Search Firm. Council Action Mayor Pro Tern Hogue made a motion to authorize the Interim City Manager to enter into an agreement with the Executive Search Firm of The Mercer Group for the procurement of a new City Manager with a fee of$13,500.00 and total expenses not to exceed$25,000.00. Councilman Trout seconded the motion. A vote was taken and passed, 5-2 with Councilman Young and Councilman Worley voting in opposition. Mayor Mondy adjourned to Work Session at 9:14. • Discussion of 2003 Collin County Bond Staff Comments City Engineer Chris Hoslted updated Council on the 2003 Collin County Bond projects, specifically FM 1378. Mr. Holsted stated that it would be a$9 million project with the county's share at$3 million and the city's share at $6 million. He stated that if the city considered Brown Street to Ballard, the city's share could be $6-$9 million. Mr. Hoisted explained that FM 1378 was a tier 1 project on the Collin County Bond which gives it priority. Minutes—January 13,2004 Wylie City Council Page 7 Council Discussion There was some discussion as to a timeline for a bond election and if a citizens bond committee should be formed. Mayor Mondy stated that the next Collin County Bond Election is estimated to be in 5-7 years. The Mayor stated that a bond committee would not be necessary if FM 1378 was the only project. The Mayor also expressed concerns with increasing the tax rate and stated that he would not be in favor of any tax increases. Ms. Manson clarified that tax revenue bonds are not the only option. She stated that water/sewer bonds could be used. Council directed staff to provide detailed figures and information in order for Council to make a decision. • • Consider certain proposed revisions to the Comprehensive Plan. Staff Comments Planning Director Claude Thompson stated that the Comprehensive Plan was almost 5 years old. He explained that the Planning Department would like to reevaluate three areas of the Comp Plan; one being the extension of the ETJ and the mapping of the ETJ, the large lot/residential, and the business centers. Ms. Manson stated that the reevaluation and proposed revisions could be done in-house. Council Discussion Council directed the Planning Department to move forward with mapping the ETJ and revising the Comp Plan by changing the definition of the large lot residential and business centers. ADD UR NT' Council Action With no further business, the Mayor asked that the meeting be adjourned at 10:10 p.m. Councilman Trout made a motion to adjourn. Councilwoman Allen seconded the motion. A vote was taken and passed, 7-0. 16, fik yO"F y, n Mondy, ayor ATTEST: "V�: SEA •,� '; T • Carole Ehrlic City Secretary ',, `z.E nni Aimee Nemer,Administrative Assistant In attendance Minutes—January 13,2004 Wylie City Council Page 8