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01-27-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, January 27, 2004 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor John Mondy called the meeting to order at 6:10 p.m.with the following Council Members present; Councilman Randal Shinn, Councilwoman Reta Allen, Mayor Pro Tern Eric Hogue, Councilman J.C. Worley,and Councilman Merrill Young. Councilman Chris Trout was absent. The following Staff members were also present; Acting City Manager Mindy Manson, Planning Director Claude Thompson, Finance Director Brady Snellgrove, Public Information Officer Mark Witter, and City Secretary Carole Ehrlich. Reverend Mike Frick, Faith Lutheran Church gave the invocation. Mayor Pro Tem Eric Hogue led the Pledge of Allegiance. Proclamation"Burn Awareness Week" February 1-7 Mayor John Mondy, Mayor Pro Tem Eric Hogue, Councilman Randal Shinn, and Councilman Merrill Young presented a proclamation to the Shriners of North America proclaiming the week of February 1- 7 "Bum Awareness Week". Members of the Wylie Fire Department were also represented for this proclamation. Members of the Shrine of North America spoke about the humanitarian work of the Shriners and the associated hospitals and school programs. Ms. Susanne Brichon, 612 Andersonville — inquired if the Sidewalk issue was on this agenda. The Mayor stated that it was not. Ms. Lissette Rodriguez, 202 Westgate — expressed concerns with the recent Sidewalk Ordinance and requested that the issue be put back on the agenda. Ms. Ronnye Dunn, 410 W. Oak St. — requested that the City Council Meeting time be moved back to 7:00 p.m. to allow for more citizen participation. Ms. Dunn also expressed concerns with the sidewalk issue and requested that the Mayor and Council revisit the issue and find an alternative solution. Mr. Joe Aurelio, 409 Grant Drive — expressed concerns with the sidewalk issue and stated that provisions should be made in the City's budget for these types of expenses. Mr. Aurelio requested an explanation on the sidewalk issue from the Mayor and Council. Minutes—January 27,2004 Wylie City Council Page 1 Ms. Tracey Linney, 615 W. Oak St. — expressed concerns with the sidewalk issue and requested that the item be put back on the agenda to allow for citizen input for an alternative resolution. Mr. Zach Nwaege, 207 Trenton Drive— expressed concerns with the sidewalk issue and requested that the Mayor and Council revisit the issue. Mr. Scott Linney, 615 W. Oak St. —expressed concerns with the sidewalk issue and stated that these expenses should be a line item in the City's budget. Mr. Linney requested that the item be put back on the agenda to allow for an explanation as to why the Council approved the Ordinance. Mr. Josh Stalin, 611 Andersonville Ln. — expressed concerns with the sidewalk issue and requested that the item be put back on the agenda to be reviewed further. Ms. Alicia White — Ms. White asked the following questions concerning the sidewalk issue: 1. What was code prior to change; 2. Why did Council decide there needed to be a change; and 3. Why did the majority of the council feel that 100% of the expense should be paid by the homeowner? Ms. White stated that the developers should be upheld to the highest building standards in order to prevent the sidewalk problems. Ms. White stated that she received information that the fine for disregarding sidewalk repairs would not be imposed in most cases. She inquired that if that was the case, why include that stipulation in the ordinance. Ms. White requested that the fine stipulation be omitted from the ordinance and that other alternative resolutions be explored. Mayor Mondy stated that the Council would revisit the issue. He gave information to the citizens attending the meeting about the City's monthly e-newsletter and directed Public Information Officer, Mark Witter to explain the registration process after the meeting. sio <::oia:...;..;.:::;. s e: ;under t be r tine b;> ::Ci >::C u ►e :s :± ):.:: items.Ilf:::discus on s; s red :t<.;>:t A. Approval of the Minutes from the Regular Meeting of January 13, 2004 B. Consider and act upon a Final Plat for the Faith Lutheran Church Addition, being all of a certain 6.48 acre tract of land, located at 615 Parker Road (F.M. 2514), as described in a deed to Faith Lutheran Church of Plano, Texas, recorded in Volume 5440, Pages 954 and 958 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the W.D. Penny Survey,Abstract No. 696, City of Wylie, Collin County, Texas. C. Consider and act upon a Final Plat for the Creek Hollow Addition, being all of a certain 53.606 acre tract of land, generally located west of Westgate Way and north of F.M. 544,said tract of land being comprised of two parcels described in deeds to Creek Hollow-Wylie Lot Option, L.P., recorded in Volume 5474, Pages 8959 and 8967 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County,Texas. D. Consider and act upon the approval of a Water Service Agreement between the City of Wylie and the East Fork Special Utility District. E. Consider and act upon approval of Resolution #2004-03(R) of the City Council of the City of Wylie, Texas, establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. Minutes—January 27,2004 Wylie City Council Page 2 Council Action Mayor Pro Tern Hogue made a motion to approve the Consent Agenda as presented. Councilman Worley seconded the motion. A vote was taken and passed, 6-0 with Councilman Trout absent. Resolution No. 2004-03(R), establishing The Wylie News as the official public newspaper of the City of Wylie,was approved with this motion. Public Hearing 1. Hold a Public Hearing to consider and act upon a change in zoning from Single Family 8.5/17 to Single Family 8.5/17 with Special Use Permit (SUP) for an Amateur Communications Tower. Subject property being located at 106 N. Carriage House Way, and being Lot 5, Block 15 of Westgate Phase 1 Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-14) Staff Comments Planning Director, Claude Thompson stated that the applicant is requesting a Special Use Permit(SUP) in order to attach a tower to his existing single-family residence for the operation of an amateur radio station. Mr. Thompson explained that the new tower/antenna will replace three connected monolithic poles with stationary wire antenna currently attached to the residence and fence. He stated that the new tower will be attached to the rear roof-line of the residence and will only extend 4 feet higher than the residence roof line. Mr. Thompson stated that the Federal Communications Commission (FCC) ultimately controls the operation of individual amateur radio communicators and he has included a report from the FCC on the concern of visual interference issue raised by a nearby property owner. Mr. Thompson stated that Public Comment Forms were mailed to thirty-two(32)property owners within 200 feet of this request and that five Comment Forms have been returned, two opposing and three favoring the request. He explained that this will allow a simple-majority decision by the Council. Mr. Thompson stated that At the January 6, 2004 Planning and Zoning Commission meeting,the Commission voted 6-0 to recommend approval of the proposed zoning change, with the stipulation that the tower not exceed thirty-five feet(35') in height. Mr.Thompson stated that staff is recommending approval of the SUP. Council Discussion Councilman Shinn inquired if the Special Use Permit (SUP) would stay with the property or the property owner. Mr. Thompson explained that the SUP does stay with the residence, not the property owner. Mayor Mondy asked if that could be added as a stipulation without going back to the Planning and Zoning Commission. Mr.Thompson stated that the Council could add this stipulation. Applicant Comments Mr. Roger Smith, 106 N. Carriage House Way, addressed the Council. He explained that he was a licensed radio operator and belongs to several amateur radio organizations that are mainly used for emergency purposes. Mayor Pro Tem Hogue asked Mr. Smith where his current antennae was located and how much taller the new one would be. Mr. Smith explained that the current one was located on the chimney and the new one would not extend above the chimney. Mayor John Mondy asked Mr. Smith if he was opposed to the SUP being assigned to him and not the property. Mr. Smith stated that he was not opposed to the SUP being assigned to his name. Minutes—January 27,2004 Wylie City Council Page 3 Public Hearing Mayor John Mondy opened the public hearing at 7:00 p.m. Public Comments Earl Newsome, 619 Stoneybrook— spoke in favor of approving the SUP. Mr. Newsome stated that he was a police officer in Wylie during the tornado and explained how the amateur radio operators assisted the city during this time. With no further comments,the Mayor closed the Public hearing at 7:01 p.m. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve Ordinance #2004-05 changing the zoning from Single Family to Single Family with Special Use Permit for an Amateur Communications Tower with the stipulation that the SUP be tied to Roger Smith at the 106 North Carriage House Way and not transferable to future owners of that residence. A vote was taken and passed 6-0 with Councilmlan Trout absent. 2. Consider and act upon a Resolution ratifying Chief Jeff Butters as Acting City Manager. Staff Comments Acting City Manager Mindy Manson explained to Council that the City Charter requires that the City Manager appoint an Acting City Manager in the absence of the City Manager to serve in that capacity. Ms. Manson recommended appointing Police Chief Jeff Butters. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Shinn to approve Resolution #2003-05(R) ratifying the designation of Chief Jeff Butters as Acting City Manager in the absence of Interim City Manager Mindy Manson. A vote was taken and passed 6-0,with Councilman Trout absent. Tabled Item from 1-13-04 Motion to remove from table and: Council Action Mayor Pro Tem Hogue made a motion to remove Item No. 3 from the table. Councilman Worley seconded the motion. A vote was taken and passed, 6-0 with Councilman Trout absent. 3. Consider and act upon an agreement with Bozman Farms Development, Ltd. for reimbursement through impact fees for the construction of the Rush Creek 30-inch outfall sewer line. Staff Comments City Engineer Chris Hoisted addressed Council and explained that a portion of the 30-inch sewer line has been installed to provide service to the Bozman Farms development,however, approximately 1,650 linear feet is necessary to connect the new Rush Creek lift station to the City's sewer system. Mr. Holsted stated that the existing Rush Creek lift station has reached its useful life and the installation of the sewer line will allow the removal of the station. He stated that the proposed agreement allows the developer to receive reimbursement through impact fees for the installation of the sewer line. Minutes—January 27,2004 Wylie City Council Page 4 Public Comments Mr. Joe Aurelio,409 Grant Drive— expressed concerns with the use of the impact fees and rebating the fees back to developers. Acting City Manager Mindy Manson explained the process of determining impact fees as stipulated in state guidelines. She explained that in this particular situation,the developer has installed infrastructure that will benefit many areas of the City of Wylie outside of that development,therefore the developer would receive a credit for doing so. Council Action Councilman Worley made a motion to approve an agreement for reimbursement to Bozman Farms Development, Ltd. for construction of the Rush Creek 30-inch outfall sewer line. Councilwoman Allen seconded the motion. A vote was taken and passed, 6-0 with Councilman Trout absent. 4. Consider and act upon approval of a Resolution of the city council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Alanis Drive paving project; establishing procedures for the acquisition,by purchase or condemnation, of property. Staff Comments City Engineer Chris Hoisted addressed Council on this item stating that there are eight parcels of land remaining for the City to acquire either through purchase or condemnation in order to complete the alignment of the 1999 Bond Project of paving Alanis Drive from SH 78 to Ballard Ave. He stated that the proposed resolution would establish procedures necessary to acquire the parcels by condemnation if necessary. Council Action Councilman Young made a motion to approve Resolution No. 2004-04(R), allowing for acquisition of certain property by purchase or condemnation for the alignment of the Alanis Drive paving project. Councilman Worley seconded the motion. A vote was taken and passed, 6-0 with Councilman Trout absent. 5. Consider and act upon an appointment to the Parks and Recreation Board, to fill an unexpired term. Council Action Councilman Randall Shinn made a motion to appoint Ms. Jamie VanEaton to fill an unexpired term to the Parks and Recreation Board to end July 2005. Mayor Pro Tern Hogue seconded the motion. A vote was taken and passed, 6-0 with Councilman Trout absent. 6. Consider and act upon authorizing the City Manager to enter into a Reimbursement Agreement with the Estates at Creekside Phase III Development,Inc. for the development of a park in Creekside Estates, in an amount not to exceed$60,000. Staff Comments Acting City Manager Mindy Manson explained to Council that the developer for Creekside Estates represented by Mr. Gary Defrain has requested that the City consider entering into an agreement that would allow them to construct the public improvements in the park at their costs, to be reimbursed by the City. She stated that it is a 14-acre park which will include a sidewalk, a low water pedestrian bridge, a basketball court, soccer goals, and a backstop. Ms. Manson stated that the improvements would not exceed$60,000.00. Minutes—January 27,2004 Wylie City Council Page 5 Council Discussion Mayor Pro Tern Hogue asked what the costs would be to the City if the City constructed the park improvements. Ms. Manson stated that she did not have that information because the City would have to bid the projects. She stated that the most beneficial cost savings would be the concrete for the project. Mayor Pro Tem Hogue asked if there was an active Homeowners Association (HOA) in the current development. Ms. Manson stated that there was and that the HOA had just relinquished a small park in the development to the City. Council Action Councilman Worley made a motion to authorize the City Manager to enter into a Reimbursement Agreement with the Estates at Creekside Phase III Development, Inc. for the development of a park not to exceed$60,000.00. Councilman Young seconded the motion. A vote was taken and passed, 6-0 with Councilman Chris Trout absent. L �y ..... :. ::Y :.. ' "(i}�:(. :yy�y:::i� '}R .i::.::.':�.}(:: :: :{�i^::,,�:}y::�,}(.■A:■:Fy��{' :: 1::i:i::::i:::�':i::::i:i::::::::::i:i::::::::::::::::i�::::.:::::::: :�:';�.".�: :�: ��:yy��!!((,,i��y��■isy��{(.:.::iiy��.(�::�yy:::T':�' �:�'':::.�:"��': �3; 1,::�,-�—�T :;. '+++::: 1��?!V;ii C��S,:�..i: .::::::. : .::.:..........................:......:: City Secretary Carole Ehrlich read the caption of Ordinance No. 2004-05 for the record. ::. :... .:: .::..::...: .: '�€E��T11VE:SES�I . ... .... .::.... ................. In accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551. SS 551.071 Consultation with Attorney; Closed Meeting A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advise of its attorney (A)pending or contemplated litigation;or (B)a settlement offer;or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Annexation Procedures and Certificate of Convenience and Necessity Issues Mayor Mondy adjourned to Executive Session at 7:30 p.m. Take any action as a result of the Executive Session. Mayor Mondy reconvened into Open Session and then Work Session at 7:45 p.m. There was no action to be taken as a result of the Executive Session. • Water/Sewer Rate Study Mr. Bob McClaine, of Maximus updated Council on the Water/Sewer Rate Study. Minutes—January 27,2004 Wylie City Council Page 6 With no further action, Councilman Randal Shinn made a motion to adjourn the meeting at 9:05 p.m. The motion was seconded by Mayor Pro Tern Hogue. A vote was taken and passed 6-0 with Councilman Trout absent. ohn Mondy, ayo oF V: rfy •.F` s - SEAL ATTEST: I E- • • �'—"�°► • : • ��`rrrrrnttN�� • 4441-‘ Carole Ehrlich City Secretary Minutes—January 27,2004 Wylie City Council Page 7