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07-13-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, July 13, 2004—6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER 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 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;Public Information Officer,Mark Witter,and City Secretary,Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Reverend Paul Castell from the Southfork Baptist Church gave the invocation and Councilman Worley led the Pledge of Allegiance. CITIZENS PARTICIPATION There was no one present to address council. OATH OF OFFICE • Administer Oath of Office to newly appointed and reappointed Board and Commission members. City Secretary Carole Ehrlich administered the Oath of Office to newly appointed 2004-2005 Board and Commission Members. 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. A. Approval of the Minutes from the Special Called Meetings of June 17,2004 and June 18, 2004 and the Regular Meeting of June 22,2004. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve the Consent Agenda as presented. A vote was taken and passed 7-0. Minutes—July 13,2004 Wylie City Council Page 1 INDIVIDUAL CONSIDERATION Public Hearing 1. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) to Neighborhood Services (NS) on Tract 1 and from Agriculture (A) to Single-Family Residential (SF-1A/26) on Tract 2. Subject property being all of a certain 14.7697 acre tract of land generally located east of Troy Road and north of County Line Road, being a part of a tract deeded to Ishmael Leon Whitsell and wife as recorded in Volume 44,Page 204 of the Deed Records of Rockwall County, Texas and being a part of a tract conveyed to Lola M.Kinser as recorded in Volume 40,Page 591 of the Records of Rockwall County, Texas, and being situated in the L.B. Outlaw Survey, Abstract No. 173,City of Wylie,Rockwall County,Texas(Zoning Case 2004-11) WITHDRAWN Public Hearing Mayor Mondy opened the public hearing at 6:05 p.m. There was no one present to address council Mayor Mondy closed the public hearing at 6:06 p.m. There was no action taken, due to the withdrawal by the applicant of Zoning Case #2004-11. Written request by the applicant to withdraw is on file. Tabled Item from 6-22-04 Mayor Mondy asked that this item be removed from the table. Consensus of the council was to remove Item#2 from the table. 2. Consider and act upon a Final Plat for the Creekside Estates Phase 3 Addition. Subject property being all of a certain 38.173 acre tract of land generally located east of McCreary Road and Creekside Estates Phase 2 Addition and north of McMillen Road and Creekside Estates Phase 2 Addition, being a part of that tract of land described in a deed to Campbell/Wylie Partners recorded in Volume 4137, Page 1120, Deed Records of Collin County, Texas and being situated in the John H. Mitchell Survey, Abstract No. 589 and the L.M. Marshall Survey, Abstract No. 594,City of Wylie,Collin County,Texas. Tabled from June 22,2004 Council meeting. Staff Comments Planning and Zoning Director Claude Thompson addressed council. He explained that with the approval of the applicant, Gary DeFrain, the Final Plat for Creekside Estates Phase 3 was tabled at the June 22, 2004 City Council meeting in order to allow discussion concerning the provision of emergency sirens required by the Fire Department. Responsibility for the siren has not yet been determined. He stated that staff concluded that the Nat complies with all other requirements of the code,and recommends that it be removed from the table and approved. By State law a plat is considered approved by the municipal authority unless it is disapproved within 30 days of the date of submittal. Applicant Comments Applicant Mr. Gary DeFrain addressed council stating that he was willing to pay for a portion of the siren site to include the giving of the land for the construction of the site, but felt that because there was no policy in place this request was premature. Mayor Mondy asked why he felt he should not be required to pay for the siren. Mr. DeFrain explained that the fire department had a map that designates where each siren is located. This includes those that are in existence and those that would be proposed. The nearest one to the Creekside Estates is located near the elementary school at Sage Creek which is south of this plat. He stated that he felt it was unfair to ask the applicant to cover a 5,000 foot radius (18,000 acres) when this entire proposed plat was less than 327 acres or 18% of the total acres Minutes—July 13,2004 Wylie City Council Page 2 covered. By moving the existing siren to the proposed site within the plated area, it will leave a gap to the south and overlap by 50%to the one already in existence to the northeast.Again he explained that there was no policy in place to require an applicant to construct a site at their cost. He stated that if a policy was implemented he had no objection to contributing an equitable portion for the cost to cover his platted area. Council Discussion Mayor Mondy asked if that policy was implemented would he be opposed to paying his fair share. Mr.DeFrain stated that he did not mind paying a pro rata portion once he has reviewed the proposed policy. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve the Final Plat for the Creekside Estates Phase 3 Addition.A vote was taken and passed 7-0. 3. Consider and act upon authorizing the City Manager to execute and award additional services to Bucher, Willis & Ratliff,Corp., in the amount of$24,950 for engineering services related to the design of paving and utility improvements along SH 78 from Eubanks to Spring Creek Pkwy and traffic signalization at Spring Creek Pkwy. Staff Comments City Engineer Chris Hoisted addressed council stating that construction plans have been completed by Bucher, Willis &Ratliff,Corp. (BWR)for the extension of SH 78 from Eubanks to Spring Creek Parkway. TxDOT has approved the plans and the City has executed the Local Project Advance Funding Agreement and submitted payment to TxDOT for the construction of the roadway. The plan review process with TxDOT includes a 65% and 90% submittal to incorporate any design changes and to address any comments they might have. Typically after the 90%plan review, no changes are made to the plans and they are finalized for bidding,however, TxDOT had two major revisions to the storm sewer system after the final review. Also, due to the lead time for the permanent signal poles and to meet the opening date for Wal-Mart, temporary signals were added to the construction plans which were not in the original scope of services. BWR is requesting compensation for the additional labor expenses that were necessary to complete the requested changes by TxDOT. Council Discussion Councilman Trout asked why temporary signalization was required. Mr. Hoisted stated that the original plans called for permanent signalization but due to the timing of the Wal-Mart opening and the lead time for those materials, this plan could not be met. Councilman Trout then asked if those parts used for the temporary signals could be reused. Mr. Hoisted stated that possibly because most temporary parts are taken by TxDOT and used at other locations but some would be used in the permanent signals. Mayor Mondy then asked what the alternative would be. Mr. Hoisted stated the original plan to go forward with permanent signals only would proceed and the Wal-Mart opening would be postponed by 1 year. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to authorize the City Manager to execute and award additional services to Bucher, Willis & Ratliff Corp., in the amount of$24,950. for engineering services related to the design of paving and utility improvements along SH 78 from Eubanks to Spring Creek Pkwy. and traffic signalization at Spring Creek Pkwy.A vote was taken and passed 7-0. Minutes—July 13,2004 Wylie City Council Page 3 4. Consider and act upon a request from Blackland Prairie Playground Foundation to extend the fundraising and build time for the proposed playground at Founders' Park,set by City Council, from October of 2004 to the spring of 2005. Staff Comments City Secretary Carole Ehrlich addressed council stating that the Blackland Prairie Foundation is a local organization committed to the construction of a community built playground at Founders Park. Last fall,the City Council approved making one acre of land at Founders Park available to the Foundation as a site for their project. Council gave the Foundation one year to raise the necessary funds. To date, the Foundation has received approximately $31,000 in donations and pledges. The Foundation estimates the cost of the project to be approximately$175,000.The Blackland Prairie Foundation Coordinator for the Wylie Playground,Anne Hiney,is requesting an extension for fundraising from October,2004 to the spring of 2005. Ms. Hiney has attached her request in writing and requested to be placed on the July 13,2004 Council Agenda. Foundation Comments Ms. Anne Hiney representing the Blackland Prairie Foundation Local Wylie Playground Project addressed council stating that she was requesting an extension for fund raising for the project from October of 2004 to the spring of 2005 in order to have more time to apply for grants and other fund raising projects to procure the $175,000 needed to build the playground at Founder's Park. Council Discussion Councilwoman Allen asked Ms.Hiney if it was feasible for the foundation to raise the additional funds in the extended time. Ms. Hiney replied that originally the foundation had made the decision not to obtain a 501-C3 Non Profit status for the project but after some discussion decided to do so as the foundation felt it would be easier to obtain fund raising and grants from local and state agencies if they had this status and not be under the City umbrella. She stated that they would do everything they could to raise the funds as quickly as possible and start the project. Mayor Mondy asked what would happen if the funds were not raised, what would happen to the funds donated to date. Ms. Hiney stated that the funds could go back to those that donated but she felt that a playground would be constructed even if it had to be scaled down. Mayor Pro Tem Hogue asked if some fund raising projects were planned. Ms.Hiney stated that she did have some projects to raise funds in the works.Mayor Pro Tern Hogue then asked if it would help the foundation,if the extension was for a year ending in October of 2005. Ms Hiney stated that would help and if the funds were raised prior to the end of October 2005,the construction would start immediately after funds were procured. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Trout to authorize an extension to the Blackland Prairie Foundation for the Community Built Playground to be constructed at Founder's Park from October of 2004 to October of 2005.A vote was taken and passed 7-0. 5. Consider and act upon a recommendation from the Parks and Recreation Board to name a proposed playground at Founders Park. Staff Comments Parks Superintendent Bill Nelson addressed council stating that in April the Foundation submitted a name to the Parks and Recreation Board for the future community-built playground at Founders Park. The naming process involved the Foundation's submittal of a list of names to the Wylie I.S.D. for elementary students in Wylie to vote on and choose their favorite name. The top three names chosen were Kids' Adventure Playground, Pirate Cove Playground, and Pirate Pride Playground. The winner was Pirate Cove Playground.Mr.Nelson stated that per the Park Naming Policy, potential names must be approved by the Parks and Recreation Board and then submitted to the City Council for Minutes—July 13,2004 Wylie City Council Page 4 approval. At the April 26,2004 meeting,the Parks and Recreation Board approved the name"Pirate Cove Playground in Founders Park". Council Discussion Councilwoman Allen asked what portion of the park would be dedicated to the founders of Wylie as per the Park Naming Policy. Mr. Nelson stated that there was some discussion with the Parks Board to name other facilities in Founder's Park after the three founders of the City of Wylie. Ms. Manson stated that staff could review the Master Plan for Founder's Park and bring back to Council a proposal of how to reach the goal of naming facilities after the founders of the City of Wylie. Mayor Mondy was concerned about the extension of time granted to the Blackland Prairie Foundation and the fact that the playground was not constructed yet. Mayor Mondy asked what if the playground was not built at all and the name was already provided. Councilman Newsom stated that he felt from the conversation with Ms. Hiney,the playground coordinator,that some type of park would be constructed at that site through the Blackland Prairie Foundation. Council Action A motion was made by Councilman Trout, seconded by Councilman Young to approve the naming of the proposed Community-Built Playground in Founder's Park "Pirate Cove Playground in Founder's Park", with the stipulation that the playground is actually built and that staff review the Master Plan for Founder's Park to include the naming of other facilities within the park after the Founders of the City of Wylie, namely: Hamilton Pate Howrey, first town marshal; Dr. G.P. Maynard, first resident doctor, and William Marshal Lee, first public school principal. A vote was taken and passed 6-1 with Mayor Mondy voting against. 6. Consider and act upon the approval of Ordinance #2004-23 amending Section Nos. 106-141 (Definitions), 106-142 (Levied Rate), 106-143 (Collection and Reporting), and 106-145 (Use of Tax Revenue) of the Wylie Code of Ordinances; Providing for Definitions, The Levy of a Hotel Occupancy Tax, Collection and Reporting Regulations and the Use of Tax Funds Pursuant to Chapter 351,Texas Tax Code. Staff Comments Acting Finance Director Ron Hutchison addressed council stating that the City Attorney,Richard Abernathy, staff and Municipal Code Corporation recently reviewed the Wylie Code of Ordinances in an effort to update the Codes for the City of Wylie pursuant to the Home Rule Charter. In the recommendations sent to the City,by Mr. Abernathy, it was suggested that the City raise the Occupancy Tax from its current rate of 4% to 7% approved by the legislature under Chapter 351 of the Texas Tax Code. These collected funds are used for the purpose of advertising the City of Wylie, encouraging tourism within the City and promoting Wylie in general. He stated that staff recommended approval of Ordinance#2004-23. Council Discussion Mayor Mondy asked Mr. Hutchison who the City was collecting tax from at the current time. Mr. Hutchison stated that at the present time only one Bed&Breakfast establishment was in Wylie and he could find no record of collecting Occupancy Taxes for that establishment. He stated that he had contacted the owner and was waiting for a call back. Mayor Mondy then asked if the hotels paid this tax to the city or to the state for reimbursement to the city. Mr. Hutchison stated that this portion of tax was paid and collected directly to the city. Mayor Mondy asked if the policy for collection of this tax was now in place. Mr. Hutchison stated that a policy was being implemented and would be presented to council. Councilman Newsom asked if the increase from 4% to 7% had some reasoning behind the increase. Mr. Hutchison stated that City Attorney Richard Abernathy had suggested the increase. Minutes—July 13,2004 Wylie City Council Page 5 City Attorney Comments City Attorney Richard Abernathy addressed council stating that the logic behind the increase was that as the city grows there will be the normal influx of hotels and motels. If the increase was implemented now, less complaints would be put forward than if the city waited until those hotels were in place. Councilman Newsom then asked if we look at the scenario from the standpoint of a hotel,would that corporation want to build a new hotel in a city with a 4%occupancy tax or a 7% occupancy tax. Mr. Abernathy replied that in his experience it would really make no difference to the corporation and that most cities in the state of Texas and elsewhere were currently charging the 7%occupancy tax. He went on to explain that the funds could be used for projects and programs that would make the City of Wylie a more desirable place for its citizens and the tax was ultimately paid by tourism. Mr.Abernathy commented that this revenue would also help curb increases in ad valorem taxes. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve Ordinance#2004- 23 amending sections 106-142, 106-143, and 106-145 of the Wylie Code of Ordinances and increasing the Hotel/Motel Occupancy Tax to 7%. A vote was taken and passed 5-2 with Councilwoman Allen, Councilman Trout, Councilman Young, Councilman Worley, and Mayor Mondy voting for and Mayor Pro Tem Hogue and Councilman Newsom voting against. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary Carole Ehrlich read the caption to Ordinance#2004-23 into the official record. Mayor Mondy convened into Executive Session at 7:11 p.m. EXECUTIVE SESSION In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Act), Section 551. §551.071-Consultation with Attorney regarding a matter in which the duty of the City Attorney of the Texas Disciplinary Rules of Civil Conduct conflicts with the Open Meetings Act regarding City Manager contract. 551.074-Personnel Matters; Closed Meeting • Deliberate the Appointment of the City Manager. &551.072-Deliberation Regarding Real Property; Closed Meeting • Discussion of Alanis Acquisition RECONVENE INTO OPEN MEETING Mayor Mondy reconvened into open session at 9:20 p.m. Take any action as a result of the Executive Session. There was no action taken as a result of Executive Session. Minutes—July 13,2004 Wylie City Council Page 6 Mayor Mondy convened into work session at 9:22 p.m. WORK SESSION • Budget Work Session Acting Finance Director Ron Hutchison and Interim City Manager Mindy Manson presented an overview of the proposed 2004-2005 budget still in the working stages. Mr. Hutchison reported that the proposal was based on a decrease in ad valorem tax by.05%.Ms.Manson stated that the largest items were in the areas of technology and service which had been behind based on Wylie's growth. Mr. Hutchison asked council to review the figures presented and give any feedback to staff regarding any areas they would like to see addressed. The next budget work session will be held on July 27, 2004 during the Regular City Council Meeting. ADJOURNMENT A motion was made by Mayor Pro Tem Hogue,seconded by Councilman Newsom to adjourn the meeting at 9:50 p.m. A vote was taken and passed 7-0. o n Mond , or ATTEST: V'• t===� • SEAL Ca ole Ehrlich, Secretary Minutes—July 13,2004 Wylie City Council Page 7