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03-24-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, March 23, 2004 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North 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 Chris Trout, Councilman Randal Shinn, Councilman Merrill Young, and Councilman J. C.Worley. Staff present were: Acting City Manager, Mindy Manson, City Engineer, Chris Hoisted, Interim Finance Director, Ron Hutchison; Planning and Zoning Director, Claude Thompson; Police Chief, Jeff Butters; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. ICE; ,Afi � :FLb�� �<#�►F:::::::::::.:::::::::::::::::::::::::::: :::::.::................._....................... Councilman Randal Shinn led the invocation and Councilman J. C.Worley led the Pledge PR> SEITATIGS..:... ; • Student Government Day,March 24,2004 Mayor Mondy and Student Mayor Richard Margulieux from Wylie High School read the proclamation declaring March 24, 2004 as Student Government Day. • Star Students— Character Trait of"Trustworthiness" Mayor Pro Tern Hogue and Student Mayor Pro Tem Chris Boerner presented WISD student awards for "Trustworthiness". There was no one present to address council. CONSENT AI.. I NDA Alt matters iisted un a-,the Consent. enda are considered to be routine by the City Coui and will be r'.. :.:r:.>:..:: ■ :.ot .e : ,:iscu sion ems.Ifdiscuss on d`esired.trirat.item A. Approval of the Minutes from the Regular Meeting of March 9, 2004. B. Presentation of the Annual Report of Wylie Police Department Contact Data(Tier 1) for 2003 as required by the Texas Racial Profiling Law (S.B.No. 1074). Minutes—March 23,2004 Wylie City Council Page 1 C. Consider and act upon a Final Plat for the Birmingham Farms Phase 13B Addition, being all of a certain 65.323 acre tract of land, generally located east of Country Club Road(F.M. 1378) and south of Park Boulevard, as described in a Contract for Deed to Centex Homes, and being situated in the C. Atterbury Survey,Abstract No. 22, City of Wylie, Collin County,Texas. D. Consider and act upon authorizing expenditures of excess funds from the Valentine gravity sewer project for upgrades to the Muddy Creek sewer lift station. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve the consent agenda as presented. A vote was taken and passed 7-0. Tabled Item from 2-10-04 Motion to remove from table and: A motion was made by Councilman Trout, seconded by Mayor Pro Tem Hogue to remove Item#1 from the table. Consensus of the council was to remove from the table. 1. Consider and act upon Council approval to filter the computers at the Smith Public Library. Staff Comments Library Director Mignon Morse addressed council stating that staff had researched six different filtering solutions and four of them had been researched since the February 10, 2004 meeting. She went on to state that if Council voted to filter, staff recommended the product IPRISM by St.Bernard software. This solution would allow staff to authenticate logins for patrons through library cards. Adults would have a choice between filtering and not filtering. Minors would be completely filtered to meet CIPA guidelines. This would resolve the issue of having to disable computers upon the requests of patrons. Staff researched DSL line costs and compared them to T-1 line costs. A T-1 line allows an outgoing/incoming speed of 1.54 and the speed is guaranteed. The DSL line available has an incoming speed of 1.5 and an outgoing speed of 3.84. The outgoing speed is obviously much slower. (Note: Adding a filter to the network will slow down the network.) Two DSL lines would cost $240 per month (with additional charges for taxes and fees) and a T-1 line costs approximately $800 a month. Initial setup costs for a DSL line would be $350. The Library was initially required to go with a T-1 line because of the $100,000 TIF (Telecommunications Infrastructure Fund)grant received in FY 2000. Council Discussion Mayor Mondy asked if the Library Board had voted on the filtering issue. Ms. Morse replied that they had voted and the vote was tied 3-3. Mayor Mondy asked if any further discussions had transpired on the matter. Ms. Morse stated that the board had been presented information on the new software that was researched since the February 10, 2004 Council Meeting. Councilman Trout asked if a vote had been taken since the new software was presented to them. Ms. Morse stated that there had not been. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to approve the filtering of computers located at the Smith Public Library. A vote was taken and passed 7-0. Minutes—March 23,2004 Wylie City Council Page 2 2. Consider and act upon adopting Ordinance #2004-07 placing restrictions on the use and operation of motor assisted scooters. Staff Comments Police Chief Jeff Butters addressed council stating that several years ago the Texas Department of Public Safety adopted a rule that motorized scooters were to be considered motor vehicles and would have to be licensed and registered to be ridden on the street. This ruling from DPS effectively eliminated the riding of motorized scooters on streets. During the last legislative session the Texas Legislature passed a bill making it legal for motorized scooters to be driven on City Streets where the speed limit is 35 MPH or less. There is a provision in the bill for Cities to pass an ordinance outlawing motorized scooters from streets, alleys, sidewalks and hike and bike trails. Most Law Enforcement Agencies have supported restricting motorized scooters from streets for safety reasons. Since the law passed we have had two accidents in Wylie involving motorized scooters.Both cases involved young children(8 and 10 year old boys)exiting an alley onto a street and being struck by a car,in one case,and swerving into a parked vehicle to avoid a collision in the other case.Fortunately neither child involved was seriously injured. Chief Butters went on to explain that the proposed ordinance places restrictions for children under the age of 18 on the operation of motorized scooters on streets, alleys and hike and bike trails (unless the bike trail has been designated to allow scooters). The proposed ordinance also mandates that all children under the age of 18 wear a helmet while operating a motorized scooter.The proposed ordinance does allow motorized scooters to be ridden on sidewalks and to cross streets at intersections. Council Discussion Councilman Young commented that he would like to see the ordinance go a little further adding alley areas to the restricted areas. Councilwoman Allen commented that in the future, she would like to see the City include riding trails for scooters when planning new parks and recreation areas. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Trout to approve Ordinance No. 2004-07 placing restrictions on the use and operation of motor assisted scooters. A vote was taken and passed, 7-0. 3. Consider and act upon the adoption of Ordinance#2004-08 regulating the purchase and resale of regulated and unregulated property (Pawn Shops). Staff Comments Police Chief Jeff Butters addressed council stating that the purpose of the proposed Pawn Shop Ordinance is to regulate pawn shops to assist law enforcement in detection of theft/burglary and recovery of stolen property. The Pawn Shop Ordinance requires pawnbrokers to keep specific and detailed information on property, which is pawned, and on the person pawning the property. The required records will make it easy for Wylie detectives to check stolen property against property recently pawned,and to identify suspects. Chief Butters went on to explain that the Wylie Police Department had made many cases and recovered a substantial amount of stolen property by watching for stolen property at local pawn shops. The proposed ordinance would simply ensure that the city has all the information that is needed, when checking property at Wylie pawn shops. Minutes—March 23,2004 Wylie City Council Page 3 Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve Ordinance No. 2004-08 regulating the purchase and resale of regulated and unregulated property(Pawn Shops). A vote was taken and passed, 7-0. 4. Consider and act upon Ordinance#2004-09 amending Ordinances Nos. 78-17, 90-12, 95-1, 99- 36, and 2001-55 and Article IV, Section 110-168 of the Code of Ordinances, regulating speed limits in school zones. Staff Comments Police Chief Jeff Butters addressed council stating that several speed zones in the City had been altered making it necessary to update the speed Zone Ordinance to reflect the changes. The City Staff and WISE) Staff worked together to make several changes to existing school zones for this school year. The Chief stated that the changes were with respect to the time that a school zone starts and stops. Several school zone times were altered because school starting and ending times changed at various schools. Council Discussion Mayor Mondy asked Chief Butters a question pertaining to page 2 School Zones, Section b) 1). Mayor Mondy asked if school days meant in-service days, vacation days and other days school is not in session. Chief Butters stated that those dates were designated by WISD as none school days. Councilman Trout asked if the lights were blinking during spring break would that be considered a school day? Chief Butters stated that the lights should not be activated during those times and those days are not considered school days. Councilman Trout then asked if communication with the school system could remedy the blinking lights on non-school days. Councilman Young asked if there had been a traffic flow survey done to see if the changes would cause more problems with the slower speed limits specifically at Brown Street and Westgate. City Engineer Chris Hoisted stated that traffic would slow in those areas but as the cars move at a slower pace, it would be easier to get across. He went on to explain that until there were sidewalks constructed on both sides of the highway this would be the only option available. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Shinn to approve Ordinance No. 2004-09 amending said Ordinances and regulating speed limits in school zones. A vote was taken and passed, 7-0. Public Hearing 5. Hold a Public Hearing to consider and act upon a change in zoning from Commercial Corridor (CC) to Commercial Corridor (CC)with Special Use Permit (SUP) for a Telecommunications Tower, subject property being located at 713 Cooper Drive, and being part of Lot 3, Block A of Wylie Industrial Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2004- 01) Minutes—March 23,2004 Wylie City Council Page 4 Staff Comments Planning and Zoning Director Claude Thompson addressed council stating the applicant was requesting a Special Use Permit(SUP)in order to install a Telecommunications Tower and Antennas on a leased portion of Lot 3,Block A of the Wylie Industrial Park, at 713 Cooper Drive. The property is currently zoned Commercial Corridor(CC) and such towers are allowed within the CC District only with an approved SUP. The installation is planned to comply with all requirements of the Zoning Ordinance, except that a height of 150 feet is requested rather than the maximum 120 feet allowed by the Ordinance although the applicant has offered to limit the height to the required 120 feet. The location is within Wylie's new Central Business District as proposed by the Comprehensive Plan, and visible from the major S.H. 78 and F.M. 544 intersection. Five of the property owners within the required notification area of 200 feet had provided written responses in opposition to the request, requiring a 75% affirmative vote of the Council to approve the request. (6 votes to approve) The Planning and Zoning Commission recommends denial of the request because the applicant has failed to demonstrate that no alternative sites are available which do not have such significant visual impact to the CBD. Because of the Commission's recommendation for denial,a 75%affirmative vote of the Council is required to approve the request. Public Hearing Mayor Mondy opened the Public Hearing at 6:28 p.m. John Rooney representing T-Mobile was present to address council. Mr. Rooney stated during the Planning and Zoning Commission meeting of March 16, 2004 the commission and representatives of T-Mobile had a frank discussion regarding this site. He stated that the consensus of the commission was to find an alternative site for the tower. He stated that this process would take some time and requested to table the matter for 90 days in order to research sites. The purpose for requesting to table this location was to search for other sites but have this site still tabled in the event no other site could be obtained. Mayor Mondy closed the Public Hearing at 6:40 p.m. Mayor Mondy asked Mr. Thompson why this request for 90 days might be too long. Mr. Thompson explained that the case had been advertised and felt going longer than 30 to 45 days would require a re-notification of those residents within 200 feet of the proposed property. Mr. Thompson stated that he felt that 30 to 45 days was ample time to research locations and report back to council and was within the timeline for the original notifications sent to residents. Mayor Mondy asked if a new location was presented would the applicant need to file for a new request. Mr. Thompson stated that if a new location was found the_process would start over again. Council Action A motion was made by Councilman Shinn, seconded by Councilman Trout to table this item to the May 11, 2004 council meeting. A vote was taken and passed 7-0. Public Hearing 6. 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 for Amateur Radio Communications Tower, subject property being located at 1518 Windward Lane, and being Lot 24,Block 13 of Newport Harbor Addition, Phase II, City of Wylie, Collin County, Texas. (Zoning Case 2004-02). Minutes—March 23,2004 Wylie City Council Page 5 • Staff Comments Mr. Claude Thompson addressed council stating 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. The new tower would stand on an in-ground foundation and be attached to the rear wall of the two-story residence. The tower and antenna would be forty-five(45)feet high and would be tubular truss construction. The subject property was created in 1998 by the platting of the Newport Harbor Addition, and the subsequent construction of the applicant-owned single-family residence. At the time the residence was built the property was zoned Single Family-3 (SF-3)District,but the zoning was changed to Single Family-8.5/17 (SF-8.5/17)District in November of 2001 with the adoption of the City-wide revisions to the Zoning Ordinance and new Map. Both the previous and current Ordinances allow amateur radio transmission antennas within residential districts only with an approved Special Use Permit. Mr. Thompson stated that Public Comment Forms had been mailed to thirty-four(34)property owners within 200 feet of this request. Thirteen (13) Comment Forms, representing twelve (12) properties had been returned, eight opposing and five favoring the request. The negative responses by more than twenty(20)percent of the land within the notification area requires an affirmative vote of seventy-five (75) percent of the City Council in order to approve the request. (6 voting to approve) Applicant/Council Discussion The applicant,Mr. Mason Sarles addressed council stating that he would answer any questions council might have. Mayor Mondy asked Mr. Sarles what his intended use was for the tower. Mr. Sarles stated that the use for the tower would be hobby use and use for the Collin County Homeland Security and Emergency Communications which would be duel use. Councilman Shinn asked if the tower could be lowered. Mr. Sarles stated that the tower would need to be at least 45 feet in height for optimum power. Public Hearing Mayor Mondy opened the Public Hearing at 6:55 p.m. Mayor Mondy closed the Public Hearing at 6:55 p.m. Council Discussion Councilman Worley stated that a couple of applications had been received for SUP's for this use in the last few months and wondered if this would become a problem with too many towers in certain developments. Mr. Thompson stated that staff could do a study on this issue and report back to council. He went on to state that there was a vacuum in response towers and the recent applications were to accommodate this vacuum. Mr. Thompson stated that he would report back to council on this issue. Council Action Councilman Worley made a motion to approve a change in zoning from Single Family 8.5/17 to Single Family 8.5/17 with a Special Use Permit for an Amateur Radio Communications Tower at 1518 Windward Lane with the SUP being tied to the applicant and removed if applicant relocates. Councilman Young seconded the motion. A vote was taken and passed,6-1 with Mayor Pro Tem Hogue voting in opposition. Public Hearing 7. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture(A)to Planned Development (PD) District for Residential Uses of mixed densities, generally located east of McCreary Road, and east of Sage Creek Phase IV and south of McMillen Road, being all of a certain 45.125 acre tract of land as described in a deed to Perry Easterling, recorded in Volume 2258, Page 914 of the Deed Records of Collin County, Minutes—March 23,2004 Wylie City Council Page 6 Texas (DRCCT), and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. (Zoning Case 2004-03) Staff Comments Planning and Zoning Director Claude Thompson addressed council stating that the applicant is requesting rezoning of 45.125 acres in order to expand the existing Sage Creek Planned Development District (PD) for single-family residential uses. The property is currently undeveloped and is zoned Agriculture (A) District, as a temporary holding zone until appropriate urban uses can be established. Approximately one-half of the subject property is occupied by the 100-year floodplain and is therefore not developable. The existing Sage Creek single-family residential neighborhood borders the subject property on the west. The Sage Creek PD totals 145 acres and was developed in multiple phases. Minimum allowed lot and dwelling sizes within the existing Sage Creek range from 6,000 square foot lots with 50 foot frontages and 1,400 square foot houses in Phase V to 7,200 square foot lots with 60 foot widths and 1,600 square foot houses throughout the other phases. Public Comment Forms were mailed to thirty-nine(39)property owners within 200 feet of this request as required by State law. Two Comment Forms have been returned,representing three parcels,and all opposing the request. Applicant/Council Discussion Mr. John Bull representing Dowdey Anderson Engineering presented exhibits showing plans for the proposed development. The exhibits showed walking trails,scooter trails,decorative lighting,benches,and playground areas that could be used not only for the proposed addition but for the existing Sage Creek Development. Mr. Neal Heckel, representing Ashton Woods Homes, addressed council stating that when Mr. Heckel and Mr. Easterling(property owner)met with the P&Z,they recognized that bigger lots would be an issue. Therefore,they went back and added as many large lots as possible. Mr. Heckel stated that the HOA in the current Sage Creek Development was very positive in regard to the new addition and the amenities offered to all residents. Mr.Heckel stated that they had tried to compensate for lot size to some degree by home value in this area. He went on to explain that these amenities would run around $50,000. and would be implemented in one phase with the development and not something residents would have to wait for. Mayor Mondy stated that the zoning requirements for lot size were 8,500 and the proposed lots on average were 6,000 sq. ft. with some extending to 7,200 and larger. He went on to state that 86%of the lots would be smaller than the required lot size. Mr. Heckel stated that the developer was matching the lot sizes in the existing development. He stated that taking the flood plain into consideration the percentage of larger to smaller lots was 53%. Mayor Mondy then asked Mr. Heckel if the lot sizes stayed the same could the square footage of the homes go from 1,700. to 1.900.; 1,900 to 2,200. etc. and increase the value by square footage? Mr. Heckel stated that it would be a burden to some home owners if the market was not open to those desiring a smaller home. Councilman Trout stated that he had a serious problem with the size of the lots in conjunction to size of home. Mr. Heckel stated that a maximum of 3,298 square foot home could be constructed on a 6,000.square foot lot. Public Hearing Mayor Mondy opened the Public Hearing at 7:31 p.m. Mr. Marvin Fuller representing the Easterling Family was present to address council stating that the family asked MR. Fuller to address council in their behalf due to a previous engagement. Mr. Fuller explained that he had known the Easterling Family for many years and had shared a business relationship with them as well. Mr. Fuller stated that he had attended the P &Z meeting and had listened to their concerns on this issue as to lots and home sizes. Mr. Fuller felt that the tone was set for this proposed development at the time the initial zoning was done to the property to the west. He stated that there is limited access to this property and there have been access issues to this property for years. Mr. Fuller stated that his understanding from the zoning meeting was that they wanted the value and lot size was not as much of an issue. MR. Fuller asked for the recommendation of council for the approval of this development. Minutes—March 23,2004 Wylie City Council Page 7 Mayor Mondy closed the Public Hearing at 7:36 p.m. Mayor Mondy then asked Mr. Heckel if there was any room for an increase in home size? Mr. Heckel stated that he had made concessions at the Planning and Zoning Meeting and felt the only concession he could make at this point would be to back off to 20%under 1,900 square feet. That would make a difference of 5 lots. Mayor Mondy asked what that would do to the configuration of the development.Mr.Heckel stated that the change would be that 80% of the homes would be over 1900 sq feet. Councilman Worley asked Mr. Heckel about the HOA and if it would carry over to the new addition.Mr.Heckel stated that they would have the same HOA as in the current Sage Creek Development. Councilman Worley stated that he new of this HOA and stated that it was a strong HOA. Council Action Councilman Young made a motion to approve a change in zoning from Agricultural (A) to Planned Development (PD), Zoning Case No. 2004-03 with the addition of 80% of the homes being 1,900 square feet or above. Councilman Worley seconded the motion. A vote was taken and passed 5-2 with Councilman Shinn and Councilman Trout voting in opposition. READING::UF::wTimGr'..:filn..:.::::::::o:::::m.:.:::::.::::.:::::Qyg::::.:::.::::..:::::::::::::::.:::::::::::::.::::: ::::::::Q..:.owmi ::::::::::. . #2004-07,2004-08,2004-09,2004-10, and 2004-11 City Secretary, Carole Ehrlich read the captions of the above ordinances into the official record. • Update on Collin County Bond Funds and FM 1378 City Engineer, Chris Holsted discussed the FM 1378 project with Collin County and the Texas Department of Transportation. He reported that the County would handle the design of the project because portions may extend outside of the City of Wylie. Also, Collin County and TxDOT recommended taking the portion of FM 1378 south of Parker Road off of the state system which would speed up the project and reduce the construction cost. Council direction was to go forward with the recommendations submitted. Mayor Mondy recessed into executive session at 8:01 p.m. In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551. SS 551.072 Deliberation Regarding Real'Property,.Closed Meeting,) A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. • Discussion of Alanis Acquisition • Discussion of a sewer easement for Muddy Creek Outfall Sewer Minutes—March 23,2004 Wylie City Council Page 8 Mayor Mondy reconvened into open session at 8:08 p.m. .................... . Take any action as a result of the Executive Session. • Discussion of Alanis Acquisition Council Action A motion was made by Councilman Shinn, seconded by Councilman Worley to make the final offer for the sewer easement on the Nelson property. A vote was taken and passed 7-0. • Discussion of a sewer easement for Muddy Creek Outfall Sewer Council Action A motion was made by Councilman Shinn, seconded by Councilman Worley to make a final offer on the Tibbals/Saint John property for the Alanis ROW. A vote was taken and passed 7-0. With no further business before council the meeting was adjourned at 8:10 p.m. F kfri SEAL • = l hn Mond M M. ATTEST: -41% ` ♦♦♦�♦♦rt. IE,TE� `•`s III,,i tH t ittiN Carole Ehrlich, • retary Minutes—March 23,2004 Wylie City Council Page 9