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06-08-2004 (City Council) Minutes f MINUTES Wylie City Council Tuesday, June 8, 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 Tem Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, and Councilman J. C. Worley. Staffs present were: Acting City Manager, Mindy Manson; City Engineer, Chris Hoisted; Interim Finance Director, Ron Hutchison; Planning & Zoning Director, Claude Thompson; Chief of Police, Jeff Butters; Fire Chief, Shan English; Library Director, Mignon Morse; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. Mayor Pro Tem Eric Hogue gave the invocation and Councilman Trout led the Pledge of Allegiance. • Presentation of Star Students for the character trait of"Citizenship" Mayor Mondy and Mayor Pro Tern Hogue presented WISD student awards for the character trait of"Citizenship". No one was present to address council. A ;;.matte<:::: ti::;:Bode ::t<...;:Vtitse:,t A:.......: a a....,,iiiits ;: .;. it.ii:Council:::and.:;w ::ibe. ::...: ::; :.;.. ;..> >:.. dam::::are:.::eu�sid�r�I::;��:.; �:<jrnu� ::hy:. :> ;:3`.:; :.;:.;:.;;::, :.;:»<:: >: stet:.uuder.::�e:.:Cot,.;,�gea ::.:.: ::.:.;�.;:.; :;.:.::.:.:<. ::. Aii::Ile � :: ;. :::: ..:: :..;:;<;.::::....:::::::.::.. ::. ,..................:<p:;.�.jpQ.� . . ::..((.� .:( may. enit ::.igi i:Y.:n:ii: .::eriw y o e s: :. 4..c :....k......... .i:. .i: . .j s desired 0ktiitem:: ::::.. ;: ;�:: al'd#e:.:ES�i;�i1=:.�CS�:.i «; .��CtESt$It121::z� :.;>;:<.;:;.;;:.:.;?!.:i:: - e *iltbcornototfonttliceo4SontAgfAdt)fitt: .1 a rs ire . ep� rat:... :..::: ::..:.::.:::.._......_...................... A. Approval of the Minutes from the May 25,2004 City Council Meeting. B. Consider and act upon an Ordinance annexing all of a certain 185.1449 acre tract of land out of the E.M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey,Abstract No. 1099,and the William Sutton Survey,Abstract No. 860,Collin County,Texas and the E.M.Price Survey,Abstract No. 1114,Dallas County,Texas,and generally located at the northwest corner of Vinson Road and FM 544. WNV pe <t#e app ,t°s 00.0 f m... .a consent C. Consider and act upon an Ordinance annexing all of a certain 14.7751 acre tract of land out of the L.B. Outlaw Survey,Abstract No. 173,Rockwall County,Texas,and generally located east of Troy Road,south of Sunrise Drive. Minutes—June 8,2004 Wylie City Council Page 1 D. Consider and act upon an Ordinance annexing all of a certain 44.039 acre tract of land out of the Francisco De La Pina Survey, Abstract 688 and the James Truett Survey, Abstract 920, Collin County, Texas, and generally located north of Brown Street,east of Ballard Street. Council Action A motion was made by Councilman Trout, seconded by Mayor Pro Tem Hogue to remove Item B from the Consent Agenda, due to the withdrawal by the applicant,and approve the Consent Agenda as presented. A vote was taken and passed 7-0. 1. Hold a Public Hearing and act upon a change in zoning from Agriculture(A)to Planned Development (PD) for residential uses. Subject property being generally located north of FM 544,west of FM 1378 (Country Club Drive and east of Lakeside Estates,and being all of a certain 100.7428 acre tract of land as described in a deed to J.L. Brand and Dorothy S. Green,recorded in Volume 1376,Page 94,Deed Records of Collin County,Texas (DRCCT), and being situated in the G.W. Gunnell Survey,Abstract No. 351 and the Moses Sparks Survey,Abstract No.849,City of Wylie,Collin County,Texas. (Zoning Case 2004-06) Public Hearing Mayor Mondy opened the Public Hearing at 6:10 p.m. No one was present to address Council on this item. Mayor Mondy closed the Public Hearing at 6:10 p.m. Council Action A motion was made by Councilman Young, seconded by Councilman Trout to accept the withdrawal from the applicant for Zoning Case#2004-06. A vote was taken and passed 7-0. 2. Pending prior annexation hold a Public Hearing and act upon a change in zoning from Agriculture(A) to Neighborhood Services (NS) on Tracts 1, 1A and 6; Townhouse (TH) on Tracts 2 and 4B; Single- Family (SF-8.5/17) on Tract 4A; and Single-Family (SF 10/19) on Tract 5; subject property being generally located northwest of Vinson Road and east of FM 544 and located within unincorporated Collin and Dallas Counties, and being all of a certain 185.143 acre tract of land divided into six (6) tracts as conveyed in a deed to Mrs.Thelma Rice by Lone Star Boat Co.,recorded in Volume 561,Page 226,Deed Records of Collin County,Texas(DRCCT),and being situated in the D.W.Williams Survey, Abstract No. 980,the E.M.Price Survey,Abstract No. 725,the E.M.Price Survey,Abstract No. 1114, the Nathaniel Atterberry Survey,Abstract No. 1099,and the William Sutton Survey,Abstract No. 860, City of Wylie,Collin and Dallas County,Texas.(Zoning Case 2004-07). Public Hearing • Mayor Mondy opened the Public Hearing at 6:12 p.m. Citizen Comments Brent Bates residing at 1340 East FM 544, outside the City Limits of Wylie, stated that he had attended the Planning and Zoning Meeting pertaining to this case. He stated that he had shared with the P&Z Board as well as a couple of council members in attendance some of the thoughts he and others had pertaining to the projects that were being planned. He stated that he was addressing Council for himself as well as others living in the above area. He Minutes—June 8,2004 Wylie City Council Page 2 commented that he felt that this area could be one of the higher end communities in Wylie and asked if these residents living in the above area could have some input into the process of what types of homes would be approved for this area. He stated that his desire was to see higher income homes be planned for this neighborhood. Mayor Mondy closed the Public Hearing at 6:15 p.m. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilwoman Allen to accept the withdrawal from the applicant for Zoning Case#2004-07. A vote was taken and passed 7-0. 3. Hold a Public Hearing and act upon a change in zoning from Agriculture(A)to Planned Development (PD) for residential uses. Subject property being generally located west of FM 544 and south of Stoneridge Farms Addition, being all of a certain 34.036 acre tract of land, recorded in Volume 309, Page 285 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the A. AtterberrySurvey, Abstract No. 23, City of Wylie, Collin County, Texas. (Zoning Case 2004-08) WITILORAWN Public Hearing Mayor Mondy opened the Public Hearing at 6:16 p.m. No one was present to address Council on this item. Mayor Mondy closed the Public Hearing at 6:16 p.m. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Trout to accept the withdrawal from the applicant for Zoning Case#2004-08. A vote was taken and passed 7-0. 4. Hold a Public Hearing and act upon a change in zoning from Agriculture (A)to Business Center (BC) for commercial uses. Subject property being generally located west of Sanden Boulevard and south of FM 544, being a 6.026 acre portion of a 34.412 acre tract of land conveyed in a deed to R. Richard Parker and Ben L. Scholz, recorded in Volume 4708,Page 1628 of the Deed Records of Collin County, Texas (DRCCT), and being all of a certain 5.05 acre tract of land conveyed in a deed to the Wylie Economic Development Corporation, recorded in Volume 5620,Page 705 DRCCT, and being situated in the Duke Strickland Survey, Abstract No. 841 and the L Clifton Survey, Abstract No. 193, City of Wylie,Collin County,Texas.(ZC 2004-09) Public Hearing Mayor Mondy opened the Public Hearing at 6:17 p.m. No one was present to address Council on this item Mayor Mondy closed the Public Hearing at 6:18 p.m. Staff Comments Planning and Zoning Director Mr. Claude Thompson addressed council stating that the Wylie Economic Development Corporation, acting on behalf of the property owner and a large lighting fixture fabrication company (Bayco) and the Southern Fastening Systems Corporation, has purchased the subject tract and is requesting initial zoning from Agriculture (A) District to Business Center (BC) District in order to develop the site for an office/warehouse and Minutes—June 8,2004 Wylie City Council Page 3 fabrication facility. This facility will accommodate the relocation of the Bayco Corporation into Wylie as well as provide a public open space connector along Muddy Creek. Mr. Thompson explained that the subject property totals approximately 11.076 acres, the majority of which is floodplain. It includes the land abutting to the rear/west as well as the north of the existing Southern Fastening Systems facility on Sanden Boulevard. The subject property will be divided into two tracts: Tract One is approximately 8.285 acres to the north and will be platted to accommodate the future development of the Bayco facility; and the remaining 2.791 acres will be added by re-platting to the Southern Fastening Systems property on the south. The Bayco Corporation proposes to initially construct a single building of 99,439 square feet; 8,764 square feet of which will be office space and 90,675 square feet will be warehouse. The development will comply fully with the requirements of the current Zoning Ordinance. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve Ordinance #2004-19 approving the change in zoning from Agriculture (A)to Business Center(BC)for commercial uses. Subject property being generally located west of Sanden Blvd. and south of FM 544,being a 6.026 acre portion of a 34.412 acre tract of land conveyed in a deed to R. Richard Parker and Ben L. Scholtz,(Zoning Case #2004-09). A vote was taken and passed 7-0. 5. Hold a Public Hearing and act upon a change in zoning from Agriculture(A)to Corridor Commercial (CC) for commercial uses. Subject property being generally located south of FM 544 and west of Sanden Boulevard, being a 28.376 portion of a 34.412 acre tract of land conveyed in a deed to R. Richard Parker and Ben L. Scholz,recorded in Volume 4708,Page 1628 of the Deed Records of Collin County,Texas(DRCCT),and being situated in the Duke Strickland Survey,Abstract No.841 and the L Clifton Survey,Abstract No. 193,City of Wylie,Collin County,Texas. (ZC 2004-10) Public Hearing Mayor Mondy opened the Public Hearing at 6:20 p.m. No one was present to address Council on this item. Mayor Mondy closed the Public Hearing at 6:20 p.m. Staff Comments Planning and Zoning Director Mr. Claude Thompson addressed Council stating that the Wylie Economic Development Corporation, acting on behalf of the landowner, is requesting initial zoning from Agriculture (A) District to Corridor Commercial(CC)District for as yet undetermined commercial uses. The WEDC plans to market the property in order to attract new businesses to Wylie. The tract adjoins to the north of the properties of the Southern Fasteners Systems and Bayco Corporation which have been recently relocated to Wylie. The subject property totals approximately 28.376 acres, the majority of which is occupied by the floodplain of Muddy Creek and un-developable. However,a significant portion of the floodplain has already been reclaimed(with approval of the U. S. Corps of Engineers),thus opening the property to development. The subject property is the remainder of a larger 34.412 acre tract,of which 11.076 acres has been recently sold to the Bayco Corporation. No site plans have been submitted with this subject rezoning. A Site Plan must be submitted for approval by the Planning and Zoning Commission with each future plat on the property. Future development must comply fully with the current requirements of the Zoning Ordinance. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve Ordinance #2004-20 approving a change in zoning from Agriculture (A) to Corridor Commercial (CC) for commercial uses. Subject property being generally located south of FM 544 and west of Sanden Blvd. being a 28.376 portion of a 34.412 acre tract of land conveyed in a deed to R Richard Parker and Ben L. Scholz,recorded in Volume 4708,Page 1628 of the Minutes—June 8,2004 Wylie City Council Page 4 Deed Records of Collin County,being situated in the Duke Strickland Survey, Abstract No. 841 and I. Clifton Survey, Abstract No. 193,City of Wylie,Collin County,Tx. (Zoning Case#2004-10). Item 6 was tabled at the 5/11/04 Council Meeting A motion was made by Councilman Young, seconded by Councilman Trout to remove Item 6 from the table. A vote was taken and passed 7-0. 6. Consider and act upon removing Item 6 from the table and approval to increase delinquent tax collection fees from 15% to 20% passed by the State Legislature(LLB. 490)to the Texas Property Tax Code Sections 33.07 and 33.08 amended. Staff Comments Interim Finance Director Ron Hutchison addressed Council stating that this item was originally tabled to allow additional information to be gathered. To provide more information the firm has prepared the Delinquent Tax Collection Performance Report for Council review. On page four of the report, Council will find a summary of past collection history in the Reduction of Delinquent Tax Roll for Tax Years 2000-2002 chart. Also of interest was what additional service will be provided for the increase in rate. Mr. Hutchison stated that this information could be found on page seven of the report under Contract Considerations.Representatives of the firm,Tracy Ponders and Ms. Nancy Primo are available to answer any additional questions the council may wish. Attorney Comments Tracy Ponders with Linebarger Goggan Blair&Sampson, LLP addressed Council stating that with the permission of Council he would like to address two questions from the previous meeting that council had pertaining to the tax collection. He went on to explain that Councilman Trout had questioned the performance record of delinquent taxes collected by his firm. He explained that when the firm received the delinquent taxes for collection,they were already almost a year old from the deadline of payment. He stated that a great deal of effort was put into the process of the collection of those delinquent property taxes. He reported that in the year 2002, the collection rate was 75.9%and in 2001 the percentage was 83%collected. He stated that for the first 10 months of this collection year 67.7%had been collected. He explained that the average collection of delinquent property taxes was usually around 50%so the City of Wylie was receiving a much higher return. To the second question pertaining to performance of the firm in the future, Mr. Ponders stated that the firm planned to address bankruptcy cases more thoroughly to achieve a higher collection rate for those types of cases.He stated that his firm had hired additional attorneys to work on these cases. Another area of improvement would be for the collection of property taxes for mobile homes. He explained more site visits would be done as well as phone correspondence. He explained that the enhanced service would be at the expense of the firm. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Hogue to approve Resolution#2004-16 (R) approving an increase from 15%to 20%for delinquent tax fees collection passed by the State Legislature(H.B. 490). A vote was taken and passed 7-0. 7. Consider and act upon approval of an Ordinance of the City of Wylie, amending the budget for Fiscal Year 2004, beginning October 1, 2003, and ending September 30, 2004: repealing all conflicting ordinances: containing a severability clause; and providing an effective date. Staff Comments Interim Finance Director Mr. Ron Hutchison addressed Council stating that the budget is a dynamic document and changes occur during the fiscal year in regard to both revenues and expenditures. Often these changes could not have been anticipated when the original budget was prepared and adopted. A mid-year review of the budget and subsequent amendments provides a mechanism to deal with any unanticipated circumstances. Minutes—June 8,2004 Wylie City Council Page 5 Mr. Hutchison explained that the proposed amendments consist of re-estimates of revenues in the General Fund and Emergency Communications Fund. Appropriations are proposed in the General Fund, Emergency Communications Fund and the Water&Sewer Fund. The proposed budget amendments will have the following effect on the fund balances of the respective funds: General Fund $ (308,160) Emergency Communications Fund 60,350 Water&Sewer Fund 15,000 $ (262,810) The amendment in the General Fund are more than adequately covered by an estimated increase in fund balance for FYE of$619,000. Preliminary estimates for FYE 2004 also indicate a significant increase in fund balance due to increased sales tax collections and continued strong building activity. Mayor Mondy stated that the nine indoor/outdoor dog pens looked a little expensive. Chief Jeff Butters addressed Council stating that the contractor that gave the bid stated that they would have a lot to tear down and then reconstruct and lines would need to be run for the sewer connections which were some distance away.He stated that the contractor was not the lowest bid but was the best contractor to complete this job. Ms.Manson stated that this was a very important need and that at present some of the dogs were being boarded at other facilities and the City was paying for that service. Councilman Newsom asked how much the cost was to board these animals. Chief Butters stated that around$300.00 per month was being spent along with the inconvenience of taking the animals to other facilities. Council Action A motion was made by Councilman Worley, seconded by Mayor Pro Tem Hogue to approve Ordinance #2004-21 _., amending the budget for Fiscal Year 2004, beginning October 1, 2003 and ending September 1, 2004. A vote was taken and passed 7-0. 8. Consider and act upon approval of a Resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT). Staff Comments City Engineer Mr. Chris Holsted addressed Council stating that on September 24, 2002 Council approved a Master Advance Funding Agreement(MAFA)with TxDOT for the extension of SH 78 from Eubanks Lane to Spring Creek Parkway. Development around City Hall necessitated the extension of the roadway and TxDOT agreed to add the project to the existing SH 78 construction. Approval of the engineering plans was granted by TxDOT in April and the warrant study for the signal located at Spring Creek was approved in May. Approval of the LPAFA will allow the state's contractor—Site Concrete—to begin construction on the extension. The first priority will be the installation of the temporary signals at the intersection of Spring Creek Parkway in anticipation of the opening of Wal-Mart. He stated that$2,500,000 was authorized in September 2002 for the project. In general,an increase is shown in all the construction line items over the unit prices in the original SH 78 contract. The largest increases are in the 9" concrete paving (30% increase), mobilization, and constructing detours which can be largely attributed to the increase in fuel and steel costs. The agreement with Wal-Mart specifies that they will pay for intersection improvements and the installation of the traffic signal up to$240,000. Also,$ 125,535.79 will be used for the project from eligible Perimeter Street Fees. Money will be used from interest earned on the 1999 Street Bonds to cover the remaining funding shortfall of$389,753.21. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve Resolution #2004-17 (R) approving the authorization for the City Manager to execute a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation(TxDOT). A vote was taken and passed 7-0. Minutes—June 8,2004 Wylie City Council Page 6 9. Consider and act upon the adoption of an ordinance adopting the 2003 International Fire Code. Staff Comments Fire Marshal Steve Seddig addressed Council stating that The Wylie Fire Department and the City of Wylie are currently an Insurance Services Office Class One rated municipality.In an effort to maintain the current ISO rating and remain proactive in fire prevention, the Wylie Fire Prevention Bureau has been actively participating in the North Texas Council of Governments Fire Advisory board meetings. The goal of the Fire Prevention Bureau is to prevent deficiencies in future ISO PPC ratings and remain current in relation to industry standard building and fire code. He explained that the Wylie Fire Department continues to strive for the life safety and fire safety of its citizens. The fire department continues to maintain a fire prevention program that consists of providing fire safety plan reviews of new development, annual inspections for businesses within the city limits and enforcement of the adopted fire codes. This current program is a proactive approach to addressing fire safety throughout the City of Wylie. In an effort to continue to be proactive the Fire Prevention Bureau has been involved in the North Texas Council of Governments Fire Advisory board meetings. This has provided a look at the direction of the fire code and the industry standards. The current industry standard goal has been in a form of internationally recognized codes. The International Fire Code Council encourages state and regional participation in code development, training and enforcement. This minimizes differences in code interpretations and unifies code changes with industry. The NTCOG Fire Advisory Board membership consists of 18 members from the DFW Metroplex region. Many regional changes go to the International Fire Code Council for review and adoption if the changes are applicable throughout industry. Wylie is currently enforcing Uniform Fire Code 1997. The latest building code is Uniform Building Code 1997. The Wylie Fire Department in the past has maintained the equivalent code in relation to the building code department. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve Ordinance#2004-22 adopting the 2003 International Fire Code with all regional amendments. A vote was taken and passed 7-0. gt ICIttkli . t�i��.::OF:..€�RI���1.ACES:fiITL�::;&c::; A�''�Z(l�N:�iPPR.£� $.,T� '.' '[ Qf City Secretary will read approved ordinances for the record. City Secretary Carole Ehrlich read the captions to Ordinances #2004-17, #2004-18, #2004-19, #2004-20, #2004-21, and#2004-22 into the official record. Mayor Mondy recessed into Work Session at 7:10 p.m. • Discussion of providing sewer service to persons outside the City limits City Engineer Chris Hoisted presented information pertaining to a request from Spiars Engineering, Inc. to have the City of Wylie provide sewer service outside the City limits for an 80 acre tract of land located at the northeast corner of the intersection of McCreary and McWhirter Roads in Parker, Texas for the Creekside Subdivision. Direction from Council was not to pursue this issue further but rather to invite Spiars Engineering to purchase land inside the City Limits that are available. Minutes—June 8,2004 Wylie City Council Page 7 • Update/review of Open Meetings Act and Open Records Requests with City Attorney Richard Abernathy A brief overview of the Open Meetings Act and the Open Records Act was presented by City Attorney Richard Abernathy. :::...:. :.. .::.:......::: With no further business before Council,the meeting was adjourned at 8:55 p.m. Mondy,M or . c(N ; • • •• �% ••• "••5 ATTEST: CCareEhrlich, ity ecretary Minutes—June 8,2004 Wylie City Council Page 8