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08-10-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, August 10, 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 Holsted; Interim Finance Director, Ron Hutchison; Planning & Zoning Director, Claude Thompson; Community Services Director, Mike Sferra;Public Information Officer,Mark Witter,and City Secretary,Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Mayor Pro Tem Eric Hogue gave the invocation and Councilman Earl Newsom led the Pledge of Allegiance. PROCLAMATIONS&PRESENTATIONS • Senator Craig Estes,District 30 will address the Mayor and Council Senator Craig Estes,representing District 30 for the State of Texas addressed Council stating that it was a privilege to represent the citizens of Wylie. Mr.Estes commented that if there was anything he or his staff could do for any citizen of Wylie he would be happy to assist. CITIZENS PARTICIPATION There was no one present to address council. 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 Regular Called City Council Meeting of July 27, 2004 and the Special Called Meeting of August 3, 2004. B. Consider and act upon approval of a Resolution authorizing the City Manager to accept a warranty deed from Wylie Supermarket,Inc.for the dedication of approximately 7,000 square feet of land to the City of Wylie and to file the deed in the County land records. C. Consider and act upon approval of a Lease Agreement between the City of Wylie and Roger Hankey for maintenance of the painted mural located adjacent to Olde City Park. D. Consider and act upon Ordinance#2004-25 of the City of Wylie,Texas,amending Ordinance Nos. 78- 17,90-12,95-1,99-36,2001-55 and 2004-09 and Article IV,Section 110-168 of the Code of Ordinances, Minutes—August 10,2004 Wylie City Council Page 1 establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic. E. Discuss and consider an Ordinance establishing a no parking area for Foxwood Lane between Akin Lane and Lanwood Lane. F. Consider and act upon an Ordinance repealing Ordinance No. 2003-26, amending Chapter 102, "Streets,Sidewalks,and Other Public Places". Council Action A motion was made by Mayor Pro Tern Hogue,seconded by Councilwoman Allen to approve the Consent Agenda as presented. A vote was taken and passed 7-0. INDIVIDUAL CONSIDERATION 1. Consider and act upon acceptance of the withdrawal of a request for a 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) Public Hearing was continued from the March 23,2004 Council meeting. Planning and Zoning Director Claude Thompson addressed council stating that this item was tabled by City Council at the March 23, 2004 meeting, and the Public Hearing continued in order to allow the applicant time to provide additional documentation concerning the availability of alternative sites. Subsequently,the applicant requested and has been granted(ZC 2004-12)a Specific Use Permit for a tower and antenna on another tract. Tabled Item from March 23,2004 Council Action Consensus of the Council was to remove Item#1 from the table. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to accept the withdrawal of Zoning Case#2004-01 by the applicant(T-Mobil).A vote was taken and passed 7-0. 2. Consider and act upon an appointment to the Parks and Recreation Board,to fill an unexpired term. Staff Comments Jamie Van Eaton was appointed to finish the two(2)year term of Larry Bowles on the Parks and Recreation Board February 23, 2004. Mrs.Van Eaton resigned from the Board July 21,2004 citing personal conflicts with other family activities for her reason to resign. The new appointee will serve the term expiring in June, 2005. The Council Interview Panel will make a recommendation to Council,based on the interviews conducted in May 2003. Council Action A motion was made by Mayor Pro Tem Hogue,seconded by Councilman Young(both serving on the 2004 Board Interview Panel)to accept the resignation of Jamie Van Eaton from the Parks and Recreation Board and to appoint Brandi Lafleur to fill the unexpired term ending in June of 2005. A vote was taken and passed 7-0. Minutes—August 10,2004 Wylie City Council Page 2 3. Consider and Act Upon Resolution #2004-19 (R), accepting the proposed Ad Valorem Tax Rate of $0.695 per$100 valuation,call for the Public Hearing on the tax rate for August 31,2004,and accept the Calculation of an Effective Tax Rate for Fiscal Year 2004-2005. Staff Comments Acting Finance Director Ron Hutchison addressed council stating that in accordance with the"Truth in Taxation"laws of the State of Texas,notices must be published and a public hearing must be held if an entity's proposed tax rate exceeds 103 percent of the effective tax rate. The calculation this year was based on a market value, less exemptions and productivity loss, of 1,395,316.995 for the Effective Tax Rate Calculation. Therefore, the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven(7)days prior to the scheduled public hearing on August 31, 2004. The proposed budget is based on a proposed tax rate of$0.695 per $100 valuation. This is the rate previously discussed by the Council.Any change in the proposed rate will require revision of the proposed budget. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout(with the comment that this was the fourth year that the City of Wylie had reduced the tax rate), to approve Resolution #2004-19(R) accepting the proposed Ad Valorem Tax Rate of$0.695 per$100 valuation, calling for the Public Hearing on the tax rate for August 31,2004, and accepting the Calculation of an Effective Tax Rate for Fiscal Year 2004-2005. A vote was taken and passed 7-0. 4. Consider and act upon authorizing the City Manager to enter into a Reimbursement Agreement with the Allegheny Land Company for improvements of a park in Meadowview Estates,in an amount not to exceed$62,700. Staff Comments Acting City Manager Mindy Manson addressed council stating that the developer of Meadowview Estates,located directly east of Pointe North,has requested that the City Council consider entering into a reimbursement agreement whereby the developer would further improve the park in the subdivision with irrigation and landscaping,and be reimbursed by the City. Ms.Manson explained that the approved subdivision for Meadowview Estates includes a public park which runs parallel to the Cottonbelt trail line from Ballard Street and through the neighborhood to the west. The developer is currently installing an 8'hike and bike trail in the park. The trail, coupled with the initial dedication of the parkland, is satisfying the requirements of the Parkland Dedication Ordinance. The proposed improvements will cost approximately $62,700. The proposed improvements to Meadowview Estates were originally included within the Parks Departments FY 04/05 General Fund budget requests,but were eliminated during the review process at the staff level. Funding is available however,through the 4B Budget in either FY 03/04 or FY 04/05 due to increased sales tax revenue should the Council wish to move forward with the proposal. Developer Comments Mr. Doug Tatum representing Meadowview Estates addressed council stating that in his opinion it would be a wise choice to allow him to do the proposed improvements because he could do them less expensively and the park would mature quicker rather than waiting until the City could do the project. He stated that he would also lock in the cost at the $62,700. and any overruns would be paid by his company. He also stated that he would wait for payment if necessary. Council Discussion Councilman Trout asked Ms. Manson if all work would be approved by staff before payment was reimbursed. Ms. Manson stated that it would. Councilman Newsom asked Ms.Manson if this cost was less expensive than the City could do the work. Ms Manson stated that it would be because the developer would be out there doing work on the park anyway and could indeed do the work at a lower cost than the City could using his contractor bids. Councilman Young asked what the timeline would be for repayment to the developer.Ms Manson stated that the payment could be made in several ways. There were ample funds in the 4B budget for the current year and a budget amendment could be made to the current 2003-2004 budget or the funds could be paid out of the 4B budget next year once the work had been completed or the funds could be split into both budget years. Minutes—August 10,2004 Wylie City Council Page 3 Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to authorize the City Manager to enter into a Reimbursement Agreement with the Allegheny Land Company for improvements of a park in Meadowview Estates,in an amount not to exceed$62,700. A vote was taken and passed 7-0. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary will read approved Ordinance captions for the record. City Secretary Carole Ehrlich read the captions to Ordinance #2004-25, 2004-26 and 2004-27 into the official record. Mayor Mondy recessed the Regular Meeting at 6:11 p.m. Mayor Mondy convened into Executive Session at 6:17 p.m. EXECUTIVE SESSION §551.072-Deliberation Regarding Real Property; Closed Meeting • Discussion of Alanis Acquisition §551.072-Deliberation Regarding Real Property; Closed Meeting • Discussion of property located in the area around Brown St.and FM 1378 Mayor Mondy reconvened into Open Session at 6:40 p.m. RECONVENE INTO OPEN MEETING Take any action as a result of the Executive Session. §551.072-Deliberation Regarding Real Property;Closed Meeting • Discussion of Alanis Acquisition Council Action A motion was made by Councilman Trout,seconded by Councilman Worley to authorize the City Manager to enter a final offer to Mr.Nielson for acquisition of the easement on Alanis. A vote was taken and passed 7-0. • Discussion of property located in the area around Brown St.and FM 1378 No action was taken on the above item Mayor Mondy convened into Work Session at 6:56 p.m. Minutes—August 10,2004 Wylie City Council Page 4 P&Z Chairman Chris Seeley called the Work Session to order at 7:00 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. Park&Recreation Board Members present were:Anne Hiney,Eugene Garner,and Frankie Delgado. Planning and Zoning Commission present were: Kathy Spillyards, Chris Seely,Don Hughes, Dennis Larson, Red Byboth,and Mike Phillips. WORK SESSION Joint Work Session with the Planning and Zoning Commission, Parks and Recreation Board, and City Council. • Discussion of land use concepts for the Kreymer Tracts Steve Topletz representing D R Horton assisted by Scott Polikov and Milosay Cekic representing Gateway Planning Group and Jeff Miles representing Jones and Boyd presented a "NeoTraditional" or "New Urbanist" development proposal for Council, Planning and Zoning Commission and Parks and Recreation Board members. D. R. Horton has officially submitted requests for a Planned Development District on 170 acres, including the annexation of approximately 66 acres of the area(Zoning Case 2004-14),with these proposals.The zoning case is scheduled for future Commission and Council action. Mr. Topletz stated that D. R. Horton was committed to working in Wylie, citing the success of the Riverchase subdivision(with lots ranging from 7,299 sq. ft. to 24,000 sq. ft. They are interested in building communities rather than just selling houses, and believe that the proposed Neotraditional concept offers great potential for both Horton and the City. Horton has created similar projects, including Savannah and Providence in Denton,Homestead in Carrollton and Mill Branch in Lancaster Polikov and Cekic reviewed the proposal. The concept is to provide a self-contained community, at a pedestrian scale. The limited retail shown at the corner of Brown and Kreymer may be moved southeast to the interior of the neighborhood. The concept will create a maximum of 467 lots on the 170 acres,with an overall density of 2.7 lots per acre. Although lots range from 4,000 to 20,000 sq. ft., the average lot size is 8,720 sq. ft. Builders will provide 10 different house types with separation between elevations, and house sizes will range from 1,750 to 3,300 sq. ft., and should have an average price of$140K. Front yard setbacks are 15 ft.,to bring the porch closer to the street for social and security enhancement. 13.5% of the area is dedicated to open space (exclusive of the undevelopable floodplain and electric line) and 60% of the houses will be adjacent to open spaces, with the average open space around 3 acres in size. An amenity center(recreation) is also provided, and may be relocated more to the center. Streets will be 27 ft. wide, and most residences will be accessed by rear alleys. Street trees will be located in the right-of-way in order to create a canopy. This concept could provide approximately $2/3 million increase in annual tax above that created by the development patterns recommended by the Comprehensive Plan(Mill Branch realizes$850K increase). Lengthy discussion with questions/answers followed the presentation, with several members of the Council, P&Z and Park Board commenting on the issues below: • The development should comply with the Comp Plan and code-a PD merely to vary regulations will not be accepted. • Can developer lower density-provide larger lots and fewer lots. This is more than double the number of lots recommended by the Comp Plan. • Increase the size of open spaces,even if fewer are provided. Scattered smaller parks rather than one large one is okay,but nothing less than 5 acres so that they can be maintained efficiently. • Diversity of housing styles is good — diversity of size and design within neighborhoods is better than "theme"clusters. • Provide plans and information on other such projects—so that Council and Boards can tour. • Will the proposal negatively impact schools—produce more kids than tax revenues received. • Can the plan provide larger houses and add value elements to increase price - $140 average is what we have now,and this should be increased. Minutes—August 10,2004 Wylie City Council Page 5 Council will seek more information and look at existing developments designed in the "NeoTraditional/New Urbanists style before giving further direction to the developer and boards. ADJOURNMENT With no further business before council a motion was made by Councilman Worley, seconded by Councilman Trout to adjourn the meeting at 8:20 p.m.A vote was taken and passed 7-0. John ondy, ayo F..14/k ATTEST: AL EAL 14_ • ': S`` t rrgrist "gyp Carole Ehrlich,City Secretary Minutes—August 10,2004 Wylie City Council Page 6