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08-24-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, August 24, 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 Tem Eric Hogue, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, and Councilman J. C. Worley. Councilwoman Reta Allen was absent. Staffs present were: Acting City Manager, Mindy Manson; City Engineer, Chris Hoisted; Interim Finance Director, Ron Hutchison; Planning & Zoning Director, Claude Thompson; Fire Chief Shan English; Public Information Officer,Mark Witter,and City Secretary,Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE , Pastor David Eden representing the New Hope Christian Church Children's Ministry gave the invocation Boy Scout Troop 302 performed the Presentation of Flags Ceremony and led the Pledge of Allegiance. PROCLAMATIONS&PRESENTATIONS • Present Special Recognition Award to the Davis Family Mayor Mondy and Mayor Pro Tern Hogue presented a Special Recognition Award to the Davis Family for their work and dedication to the Wylie Flyers Track Club sponsored by the Wylie Parks and Recreation Department.The Davis family was present to accept their award. • Present Special Recognition Award to Steve Abram Mayor Mondy and Mayor Pro Tern Hogue presented a Special Recognition Award to Steve Abram for his work and dedication to the City of Wylie and his contribution to the success of the Wylie Wave Summer Youth Program.The Abram family was present to accept the award. • Presentation of Donation from TXU Electric Delivery Shelton Cook, representing TXU Electric Delivery presented a $500.00 donation to the Blackland Prairie Playground Foundation for Pirate Cove Playground in Founders Park. Anne Hiney, playground coordinator was present to accept the donation. CITIZENS PARTICIPATION Ms.Jill Lowry residing at 1819 Spinaker Way,Wylie,Texas addressed council stating her concerns with the growing traffic in the morning and afternoon around Dodd Elementary. She asked council to consider a new survey of traffic flow through that area in the morning and afternoon. She also suggested another exit/entrance to the school. Mayor Mondy asked City Engineer Chris Hoisted if another survey was being considered. Mr.Hoisted stated that there was consideration for another request in that area but explained that if approved by TXDot it would be 9—12 months before the signal would be installed. He explained that it took time to go through the process. Minutes—August 24,2004 Wylie City Council Page 1 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 Council Meeting of August 10,2004. B. Consider and act upon a Development Plan/Preliminary Plat for the Woodbridge North, Phase 1 Addition, being all of a certain 27.6438 acre tract of land generally located west of Hooper Road and south of F.M.544 and the Regency Business Park Phase II Addition,said tract being part of the tract of land described in a deed to Ben L. Scholz, et al, as recorded in Volume 3282, Page 804 of the Deed Records of Collin County,Texas,being situated in the William Sachse Survey,Abstract No. 835,City of Wylie,Collin County,Texas. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 6-0. Councilwoman Allen was absent. INDIVIDUAL CONSIDERATION 1. Hold the first of two Public Hearings for the annexation of a 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. Staff Comments Acting City Manager Mindy Manson addressed council stating that this annexation was at the request of the property owner. A zone change request is being processed concurrently with the annexation.This property was previously before Council in May 2004 for annexation and was withdrawn at the request of the property owner. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law,staff has prepared the public hearing schedule with the notice being published August 11,2004;first public hearing August 24,2004;second public hearing August 31,2004; and adoption of the proposed ordinance September 28,2004.Ms.Manson stated she would be happy to answer any questions. Public Hearing Mayor Mondy opened the public hearing at 6:18 p.m. No one was present to address council. Mayor Mondy closed the public hearing at 6:18 p.m. 2. Hold the first of two Public Hearings for the annexation of a 66.194 acre tract out of the Francisco De La Pina Survey, Abstract#688, Collin County,Texas and generally located west of Stone Road, east of Kreymer. Staff Comments Acting City Manager Mindy Manson addressed council stating that this annexation was at the request of the property owners. A zone change request is being processed concurrently with the annexation. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the Minutes—August 24,2004 Wylie City Council Page 2 annexation are given the opportunity to be heard. In compliance with state law,staff has prepared the public hearing schedule with the notice being published August 11,2004;first public hearing August 24,2004;second public hearing August 31,2004; and adoption of the proposed ordinance September 28,2004. Ms.Manson stated she would be happy to answer any questions. Public Hearing Mayor Mondy opened the public hearing at 6:20 p.m., asking anyone present wishing to address council on this item to come forward state their name and address for the record and limit their comments to 3 minutes. Mr. Phillip Kreymer, 3601Grapevine Mills Pkwy.,Grapevine, Texas, representing the Kreymer Family addressed council stating that the family desired to have the property annexed. He stated that several developers had contacted the family with proposals to develop the annexation area. Mr.Kreymer stated that this developer was by far the most professional. He stated that the Kreymer Family was life long citizens of the Wylie Community and they wished for this annexation to be approved. Scott Polikov of Gateway Planning,representing D. R. Horton was present to address council stating that his firm and D.R.Horton were in favor of this annexation and the proposed planned development. Mayor Mondy closed the public hearing at 6:25 p.m. 3. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) District to Planned Development(PD)District for single-family residential development,being all of a certain 100.0448 acre tract of land generally located north of F.M. 544 and the DART/KCS Railroad corridor and west of F.M. 1378 and east of the Lakeside Estates Phase 3 and Wooded Creek Estates Phase 2 Additions,said tract being a portion of that 27.44 acre tract conveyed to Paul P.Taylor and Lavern C.Taylor according to the warranty deed recorded in Volume 645,Page 470 of the Land Records of Collin County, Texas, and part of a 100.3287 acre tract conveyed by deed to J.L. Brand and Dorothy S. Green as recorded in Volume 1376,Page 94 of the Deed Records of Collin County,being situated in the Moses Sparks Survey, Abstract No.8849,City of Wylie,Collin County,Texas. (Zoning Case No.2004-13). Staff Comments Planning and Zoning Director Claude Thompson addressed council stating that the applicant is requesting rezoning from Agriculture(A)to Planned Development District(PD)in order to develop a single-family residential subdivision comparable to neighboring residential trends but differing from the standard requirements of the Zoning Ordinance. The Conditions of the PD require minimum lot sizes of 6,000 sq. ft.,with half of the lots to be 50 ft. wide and half to be 60 ft. Minimum house size is 1,700 sq. ft., and 75%must be 1,900 sq. ft. or larger. 44%of the property is occupied by the Muddy Creek floodplain and reservoir, and this acreage is being dedicated as public park land as a balance for a higher density of development. With the floodplain, the proposal reflects a gross density of 2.5 lots per acre, compared to 1.4 lots per acre recommended by the Comprehensive Plan and 4.4 lots per acre for the proposed development without the floodplain dedication. The Planning& Zoning Commission recommends approval, and the Park and Recreation Board agree to accept the floodplain dedication in fulfillment of park dedication requirements.He stated that 89 property owners residing within 200 feet of the proposed property had been sent notices. Only one request was returned in opposition of the change in zoning. A simple majority vote of council would be required.Mr.Thompson stated he would be happy to answer any questions. Mayor Mondy asked Mr.Thompson what the logic was behind P&Z Board approval of this zoning change. Mr. Thompson replied that the board had concerns with the high density of the proposed development,but felt with the inclusion of the open space floodplain for parkland,the effective overall density was increased from 4.5 to 2.5 which is still not the Comprehensive Plan recommendation but is closer to the 1.4 lots per acre recommended.The Parks and Recreation Board agreed that the trail heads and other amenities available to this development,paid for by the developer,as well as other outlying developments were acceptable for the parkland dedication. Mayor Mondy then asked City Engineer Chris Hoisted if there were any drainage problems with the proposed area. Mr. Hoisted stated that there were not. Mayor Mondy asked about the life of the existing lake.Mr.Hoisted stated that it was reaching the end of its useful life and would need some modifications. Mayor Mondy asked the extent of those modifications. Mr.Hoisted explained that the lake could be sealed in completely and used as a grass area,or the material could be excavated to recreate the lake. He stated that the dams have a 50 year life and are reaching their life expectancy and there would be some modifications needed in the near future. He went on to explain that Soil Conservation Service had control of the easement to the lake,but their department had no funds to make the improvements. Mr. Thompson stated that the Soil Conservation Service would celebrate their 50th year in existence. He explained that at that time the lake land could be sold to the property owners. Mayor Mondy asked if this made a difference. Mr. Thompson stated that if Minutes—August 24,2004 Wylie City Council Page 3 purchased before that time,the land would not cost the City any money. Councilman Newsom asked Mr.Thompson if it was staff's recommendation to deny the zoning change. Mr.Thompson stated that it was staffs recommendation that this case be denied due to the proposed density not conforming to the Comprehensive Plan. Applicant Comments Mr.Steve Parsons representing S.C.Parsons,Inc.(developer)addressed council stating that his firm had been trying to acquire this property for some time. The property has several development problems including the floodplain,train access, numerous single loaded streets and it is very important that the extension of Lakefield Drive be extended to Country Club Drive. Mr. Parsons explained that areas adjacent to the proposed property have densities between 3.56 units per acre to the west with the minimum house size of 1,700 square feet and to the south 50 foot lot sizes. Mr. Parsons explained that their proposal was a combination of both west and south adjoining properties. Mr.Parson stated that, in his opinion, in order to attract builders for this type of development,these various densities needed to be included. Mr.Steve Sallman(co-applicant)displayed several pictures showing the area and the adjoining floodplain and open space. Mr. Sallman reiterated that the planning of this development and the densities were arrived at through the study of current adjacent properties. He stated that during the Planning& Zoning Commission meeting, two citizens from the Lakeside Development were present and voiced their approval for the proposed development. He stated that consideration should be given when determining the conformity to the Comprehensive Plan and weighing the dedication of floodplain and open space. Mayor Mondy asked if the adjacent properties had lot sizes as small as what was being proposed by him.He stated that the minimum size was smaller. Councilman Worley stated that the average homes actually built in adjacent developments in reality were larger than the minimum and he would like to see a minimum of 1,900 to 2,100 square feet.Councilman Trout asked why larger homes could not be built in a development that proposed to have such beautiful amenities such as the open space and greenbelt. Mr. Parsons stated that in his opinion the home sizes would be higher in reality but he did not feel he could go up on the minimum and still attract builders. Public Hearing Mayor Mondy opened the public hearing at 7:00 p.m., asking anyone present wishing to address council on this item to come forward state their name and address for the record and limit their comments to 3 minutes. Mr.J. L. Brand,residing at 2 Rue Du Lac Street,Dallas 75230-2834 and owner of the property, addressed council stating that he had been associated with the property since 1945 when his father bought it. He believes this is a beautiful piece of property for the citizens of Wylie. Mr. Brand also explained that the Soil Conservation Service widened and reconstructed the dam and lake area in the late 50's or early 60's. Mr. Brand stated that he had the utmost trust in Mr.Parsons and Mr. Sallman. Mayor Mondy closed the public hearing at 7:05 p.m. Council Action A motion was made by Mayor Pro Tern Hogue,seconded by Councilman Worley to deny the Zoning Change from Agriculture (A) to Planned Development (PD) (Zoning Case #2004-13). A vote was taken and passed 6-0. Councilwoman Allen was absent. 4. Consider and act upon authorizing the purchase of a Wireless Network (Nexgen) in the amount of $83,859.00,using funds received through a Homeland Security Grant in the amount of$83.859.00. Staff Comments Fire Chief Shan English addressed council stating that recent developments in technology and the availability of Homeland Security infrastructure grants have prompted a cause to reevaluate the current solution for connectivity within Wylie Communications. The Nexgen City communication approach embeds a wireless router in every device so that each unit can extend the network,determine optimum paths for data transmission and provide additional paths for connectivity.The dynamic routing capability of the network enables devices to hand off communications seamlessly, even in vehicles traveling at high speeds. Chief English explained that the system will be purchased upon approval with funds awarded through a homeland security grant in the amount of$83,859.00 designed to enhance public safety and first responder communications infrastructure. Minutes—August 24,2004 Wylie City Council Page 4 The COW would not bear the cost of deployment for the network.COW would then own the Nextgen system solution.Collin County is also implementing the system along with the City of Garland. Operational expenses would be offset by the cost savings this system would provide. Council Discussion Councilman Young asked if the reimbursement would have to be made by the City prior to receiving the grant funds. Chief English stated that a PO would be issued to the Homeland Security Grants and they would reimburse Nexgen directly. Mr. Trout asked if this system could be upgraded. Chief English stated that it could expand as the City grows. Mr.Trout asked if this was for the backbone of the system and if so what else would need to be provided. Chief English stated that the only upgrade for other departments would be the cost of the network cards which would be around$200.00 per card or less. Council Action A motion was made by Councilman Young, seconded by Councilman Worley to authorize the purchase of a Wireless Network(Nexgen)in the amount of$83,859.00,using funds received through a Homeland Security Grant in the amount of$83.859.00. A vote was taken and passed 6-0. Councilwoman Allen was absent. 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. There were no Ordinance captions approved to read into the official record. ADJOURNMENT With no further business before council a motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to adjourn the meeting at 7:20 p.m.A vote was taken and passed 6-0.Councilwoman Allen was absent. • /) ``���• ;linMon' L Tr 0 : ATTEST: S• .� I v .•`` , i11 11:/7;6;1 Carole Ehr ch,City Secretary Minutes—August 24,2004 Wylie City Council Page 5