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09-14-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, September 14, 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. Trout, itC Members blman presEarent were:som,Maim orPro rlman Tern �1 Eric Hogue, Councilwoman Reta Allen, Councilman Christ, Young,and Councilman J. C. Worley. Staffs present were: City Manager, Mark B. Roath; Acting City Manager, Mindy Manson; City Engineer, Chris Hoisted; Interim Finance Director, Ron Hutchison; Planning & Zoning Director, Claude Thompson; Fire Chief Shan English; Police Chief, Jeff Butters; Human Resource Director, Lynn Fagerstrom; Public Information Officer,Mark Witter,and City Secretary,Carole Ehrlich. ..:::..:.. inguimanowitesinsionommenim I i Ct TI(3:1! & ' 13GE OFALLEC�I.::..; .:. ::..::::::::................ Mayor Pro Tern Eric Hogue gave the invocation Councilman Trout led the Pledge of Allegiance. S N. .. ......................... • Presentation"Humanitarian Award" to Angela Helms Mayor Mondy and Mayor Pro Tern Hogue presented a plaque of recognition to Angela Helms for her humanitarian assistance with CPR for a young child in Wylie. Chief English and members of the Wylie Fire and Rescue Department were present for the presentation. • Presentation to "Friends of the Library" "Friends of the Library" President Jerri Smith introduced Rita Smith, founder of the Rita & Truett Smith Library.Ms Smith presented the Mayor,Council and the City Manager with Library Cards. Mayor Mondy, Mayor Pro Tem Hogue and Council presented Rita Smith with a golden"life" library card along with a plaque depicting September 30,2004 as"Rita Smith Day" in the City of Wylie. thItENSPARTICIPATIONOMINERNMPROMIIMPRIMPPliiiiiiniggiiiiiiiiieSSERMiNi There was no one present to address council. ::.:....::.;.:. Matters listed under the Consent Agenda are considered to be routine by the ty+ ou amd.will . ..:;01th�ese:: tems If dlscussio s desired; ::>:::�. ,.at ie::..: 7 4 e p aratel :<::>:::>::::>:«>; ::::>«:::<:>;;::><::,.;; :tktat xte►t�;Vvtl:6e xect�a�ed frou�the C�onseat;Ageeda;agd:.�r. 'l�e euosci��re.,�:s::p::::::::. ...... Minutes—September 14,2004 Wylie City Council Page 1 f A. Approval of the Minutes from the Regular Meeting of August 24, 2004 and the Special Called Meeting of August 31,2004. B. Consider and act upon the approval of an ordinance designating Springwood Lane and a portion of Lanwood Drive as Temporary One-Way Streets in School Zones between the hours of 2:15 p.m. and 3:15 p.m. on all school days for Akin Elementary. C. Consider and act upon a Resolution ratifying Mindy Manson as Acting City Manager in the absence of Mark B.Roath, City Manager. D. Consider and act upon an approval of a request from the Lucas Christian Academy (L.C.A.)to have a homecoming event at Community Park on Saturday, October 22,2004 Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve the Consent Agenda as presented. A vote was taken and passed 7-0. iasessstiTVCOVNeitmemomonsignmommumummimmummon Mayor Mondy recessed the City Council Meeting at 6:12 p.m. ........ . ......... PARKS &RECREATION FACILITIES DEVELOPMENT CORPORATION Mayor Mondy called the Parks &Recreation Facilities Development Corporation 4B Board to order at 6:12 p.m. with the following members present: Mayor Mondy, Mayor Pro Tern Hogue, Councilman Worley, Councilman Trout, Board member Shirley Burnett, and Board member Anne Hiney. Board member Dan Chestnut was absent. la. Consider and act upon approval of the FY 2004-2005 4B Budget, authorizing expenditures for the FY04 Community Services Facilities Capital Improvement Plan. Staff/Board Comments Interim Finance Director Ron Hutchison addressed council stating that this item was also a portion of the proposed City of Wylie 2004-2005 Budget. Mr. Hutchison explained that the 4B portion of the budget amounted to expenditures of $521,410. He stated that last year, due to legislation, the city ceased funding the library portion of the budget and incorporated the recreation into the general fund leaving only the parks portion in the 4B budget.The portion that reflects the Community Services Facilities Capital Improvement Plan are the improvements to Olde City Park used as matching funds,with a grant from Collin County,in the amount of$135,000. Board member Anne Hiney asked Mr.Hutchison when the staff payroll would be moved out of 4B into the general fund. Mr.Hutchison stated that it could not be done all at one time but the recreation was done this year and hopefully the next fiscal year the remainder could be moved. Board Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve the FY 2004-2005 4B Budget, authorizing expenditures for the FY 04-05 and approving the Community Services Facilities Capital Improvement Plan. A vote was taken and passed 5-0. Board member Dan Chestnut was absent. Minutes—September 14,2004 Wylie City Council Page 2 PARKS&RECREATION FACILITIES DEVFI OPMENT CORPORATION With no further business before Parks & Recreation Facilities Development Corporation the meeting was adjourned at 6:15 p.m. Mayor Mondy reconvened the City Council meeting at 6:15 p.m. 1. Consider and Act Upon Approval of the FY05 4B Budget and the Community Services Facilities Capital Improvement Plan. Staff Comments Interim Finance Director Ron Hutchison addressed council stating that as set out in the Articles of Incorporation,the Board has the power to authorize the expenditure of Sales Tax Funds for projects approved by the City Council and to implement the Community Services Facilities Capital Improvement Plan as adopted by the City of Wylie. Further,the Bylaws state that "It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve the FY 05 4B Budget and the Community Services Facilities Capital Improvement Plan. A vote was taken and passed 7-0. 2. Consider and act upon an ordinance of the City of Wylie, Texas, adopting a budget and appropriating resources for Fiscal Year 2005, beginning October 1, 2004, and ending September 30,2005. Staff Comments Interim Finance Director Ron Hutchison addressed council stating that the tax rate for fiscal year 2004-2005 is proposed to decrease $0.01 per $100 assessed valuation from $0.705 to $0.695. Since fiscal year 2000, the taxable tax base has increased$852 million or 157.1%.For fiscal year 2004-2005,the total asgessed value increased by$253,858,535.Of this amount$182,573,710 represented new construction. An increase in the assessed valuation in FY2004 in combination with a decrease in the tax rate will generate an additional$1,729,584 in ad valorem tax revenues. Because no general obligation debt was issued during FY2004 the tax revenues required for debt service will remain constant and the increased revenues will be credited to the General Fund. A public hearing was conducted on August 31, 2004 to allow input into the budget process. There were a couple of changes that did not affect the overall ending fund balance in the budget.Three Thousand($3,000.)was added to the 4B budget to allow for banners in the downtown area which were rolled over from the 03-04 fiscal year budget.Also in the utility fund,S67,000 was carried over for water/wastewater street improvements that were not completed by year end.The total budget amount for FY 2004-2005 including all funds is$35,435,140. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve Ordinance #2004-29 adopting the Fiscal Year 2005 budget and appropriating resources for FY 2005,beginning October 1, 2004 and ending September 30,2005. A vote was taken and passed 7-0. Minutes—September 14,2004 Wylie City Council Page 3 3. Consider and act upon an ordinance fixing the tax rate/levy for 2004 and for the fiscal year 2004-2005 Budget. The tax rate proposed is sixty-nine and one-half cents ($0.695)per$100 of assessed value. Staff Comments Interim Finance Director Ron Hutchison addressed council stating that in accordance with the Truth-in-Taxation laws of the State of Texas,notices must be published and a public hearing must be held if an entity's proposed tax rate exceeds 103%of the effective tax rate. The City Council is required to vote on the proposed tax rate($.695) and the City must publish the results of the roll call vote at least seven days prior to the scheduled public hearing. The results of the roll call vote were published in The McKinney Courier-Gazette on August 23,2004 and The Wylie News on August 25,2004,and a public hearing was held August 31,2004.The proposed tax rate of$0.695 represents a one-cent decrease from the FY2004 rate.One cent of the proposed tax rate will generate approximately $139,500. The tax rate for maintenance and operations is$0.555908 per$100 of assessed valuation and the debt service rate is $0.139092. This tax ordinance will generate new levies of$7,601,545 in the General Fund and $1,901,959 in the General Obligation Debt Service Fund. The revenue from the ad valorem taxes is the primary source of funding in the General Obligation Debt Service Fund and represents approximately 51%of total General Fund revenues.Mr.Hutchison stated he would be happy to answer any questions from council. Council Action A motion was made by Councilman Young, seconded by Councilman Worley to approve Ordinance #2004-30 fixing the tax rate/levy for 2004 and for the fiscal year 2004-2005 Budget. The fixed tax rate is sixty-nine and one-half cents ($0.695) per $100 of assessed value. A vote was taken and passed 7-0. Public Hearings 4. Hold a Public Hearing and act upon a change in zoning from Agriculture(A)District to Single Family Residential (SF-10/19) District. Subject property being all of a certain 14.7751 acre tract of land generally located east of Troy Road and north of County Line Road, being part of tract of land deeded to Ishmael Leon Whitsell and wife as recorded in Volume 44, Page 204 of the Deed Records of Rockwall County, Texas, and part of a tract conveyed Lola M. Kinser as recorded in Volume 40, Page 591 of the Deed Records of Rockwall County, and situated in the L.B. Outlaw Survey,Abstract No. 173, City of Wylie,Rockwall County,Texas. (Zoning Case No. 2004-15) Staff Comments Planning and Zoning Director Claude Thompson addressed council stating that the subject property was annexed into the City of Wylie on June 8,2004,and was at that time zoned as Agriculture(A)District.The applicant earlier submitted a request for rezoning of the property,which would have created 4.8 acres of Neighborhood Service(NS) retail and 10 acres of Single Family IA(SF-IA/26)Residential with the intent to create 5 acre tracts rather than one acre lots. That request was withdrawn prior to consideration by the Planning and Zoning Commission.On July 27, the City Council denied a request by the applicant to waive the alleys that are required by the Subdivision Regulations. The current request is to rezone the property to Single Family 10 Residential(SF-10/19)in order to divide the property into lots of at least 10,000 square feet. At the August 17, 2004 meeting, the Planning and Zoning Commission voted 6-0 to recommend approval of Zoning Case 2004-15.Staff recommends denial although the request does conform to the general philosophy of the Comprehensive Plan as well as to development trends in the immediate vicinity, it does not comply with the specific recommendations of the Future Land Use Map to provide larger lots throughout the Exterritorial Jurisdiction. Mr.Thompson stated he would be happy to answer any questions. Minutes—September 14,2004 Wylie City Council Page 4 Applicant Comments Applicant Phil Clegg representing Watermark residing at 1771 International Parkway, Suite 127, Richardson, Texas addressed council stating that the tract in question is a portion of an overall 19 acre tract.The balance of the property is in the ETJ of the City of Rowlett,which the applicant stated,was requested and approved by the City of Rowlett to be removed from their ETJ.He stated that if there was ever a tract qualified for an exemption from the spirit of the comprehensive zoning plan,this would be it for several reasons. From an adjacency standpoint from the north side of the tract the adjacent property is an old development called Sunrise Estates. The lake borders the east side of the property and the south side has the Garland Power and Light easement,the southwest side borders the county property and is heavily treed. Across the street is a new development(Pheasant Creek Estates with 7,200 ft. lots).He stated that Watermark's argument was that even though the tract is in the yellow zone, it certainly meets the spirit of the plan as it will have lots larger than those surrounding it. Councilman Trout asked staff and Mr. Clegg if the property with lots 7,200 ft adjacent to the proposed development was grandfathered into the comprehensive plan/Land Use Map.Mr.Thompson stated that the property in question had been zoned since 1986. Councilman Trout asked if the proposed lots were 10,000 ft. Mr. Cleff stated that they would be at least 10,000 ft.with some 12,000 ft.and a couple going as high as 23,000 ft. Council Discussion Councilman Trout asked if there were other plans that did not conform with the existing zoning map. Mr. Thompson stated that there were places where the zoning request was approved and did not conform to the comprehensive plan. He explained that this application does meet the philosophy of the comprehensive plan but this philosophy is being addressed at this time by council and the commission. It does not however meet the adopted letter of the plan for one acre lots and bigger within the ETJ of Wylie. Councilman Worley stated that you could not go further with this development to complete the circle in the comp plan because it would go into Rockwall County. Public Hearing Mayor Mondy opened the public hearing at 6:27 p.m. asking anyone present wishing to address council to come forward, state your name and address,and limit their comments to three minutes. No one was present to address council. Mayor Mondy closed the public hearing at 6:27 p.m. Council Action A motion was made by Councilman Trout, seconded by Councilman Newsom to approve Ordinance #2004-31 (Zoning Case 2004-15) changing a certain 14.7751 acre tract of land generally located east of Troy Road and North of County Line Road from Agriculture(A) District to Single Family Residential(SF-10/19)District. A vote was taken and passed 7-0. 5. Hold a Public Hearing and act upon a change in zoning from Neighborhood Services (NS) District to Community Retail (CR) District. Subject property being all of a certain 11.429 acre tract of land generally located east of Country Club Road (F.M. 1378) and north of West Brown Street (F.M. 3412), being part of tract of land deeded to Ronald J. Johnson as recorded in Volume 5142, Page 3171 of the Deed Records of Collin County, Texas, and all of a 0.50 acre tract conveyed Ronald J. Johnson as recorded in Volume 5180, Page 1067 of the Deed Records of Collin County, and situated in the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. (Zoning Case No. 2004-16) and ACCEPT THE WITHDRAWAL BY THE APPLICANT. Minutes—September 14,2004 Wylie City Council Page 5 Staff Comments Planning and Zoning Director Claude Thompson addressed council stating that at the public hearing held by the Planning and Zoning Commission on August 17, 2004, the applicant requested that the proposed rezoning be withdrawn in order to allow time to conform to the proposal more closely to the recommendations of staff and Commission. The applicant's letter of withdrawal has been received and filed with a copy to council. Because the request for rezoning has been publicized and adjacent properties notified of the public hearing,the Council should convene the hearing to receive any citizen comments and accept the withdrawaL Public Hearing Mayor Mondy opened the public hearing at 6:43 p.m. asking anyone present wishing to address council to come forward state your name and address and limit their comments to three minutes. No one was present to address council. Mayor Mondy closed the public hearing at 6:44 p.m. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to accept the withdrawal of Zoning Case #2004-16 presented by the applicant. A vote was taken and passed 7-0. 6. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) and Neighborhood Services (NS) Districts to Planned Development (PD) District for mixed uses including retail, multi-family and singly-family residential of varied types and densities. Subject property being all of a certain 214.18 acre tract of land generally located in the south corner of South Ballard Avenue (Sachse Road) and Pleasant Valley Road (C.R. 378), being part of a 118.67 acre tract of land deeded to Grove Farm, Ltd. as recorded in Volume 5317, Page 5455 of the Deed Records of Collin County, and Volume 2002250, Page 5070 of the Deed Records of Dallas County, and part of a 38.129 acre tract conveyed Joy Grove Bruner as recorded in Volume 555, Page 232 of the Deed Records of Collin County, and part of a 38.13 acre tract deeded to Joy Grove Bruner as recorded in Volume 3535, Page 292 of the Deed Records of Collin County and Volume 91100, page 1278 of the Deed Records of Dallas County, and situated in the Guadalupe De Santos Survey, Abstract No. 1384, City of Wylie, Collin and Dallas Counties, Texas. (Zoning Case No. 2004-17) Consider and act upon the Tabling of Zoning Case #2004-17 until the September 28`h Council Meeting. Staff Comments Planning and Zoning Director Claude Thompson addressed council stating that the applicant has requested that consideration of the request be postponed until the September 28, 2004 City Council meeting. However, the request has already been published in the newspaper, notices have been mailed to adjacent property owners as required by State law and notification signs have been placed on the subject property. Several neighboring property owners have submitted response forms. Because of this notification,Council should convene the public hearing .., and table consideration until the September 28 meeting.Mr. Thompson went on to explain that his office had received a withdrawal of the zoning request today September 14,2004 and would subsequently go to council on the 28th of September as a tabled item to consider the withdrawal by the applicant.Mr.Thompson stated that he would answer any questions. Minutes—September 14,2004 Wylie City Council Page 6 Public Hearing Mayor Mondy opened the public hearing at 6:48 p.m. asking anyone present wishing to address council to come forward, state their name and address, and limit your comments to three minutes. Alan Stufft residing at 6501 Pleasant Valley Road,Wylie Texas addressed council,stating that he lived adjacent to the proposed development and was opposed to having townhouses and apartments so close to his property. He stated it would reduce the value of his property and he would never see another sunset. He thanked council. Cheryl Stufft residing at 6501 Pleasant Valley Road addressed council stating that she too was opposed to the proposed development,but only the high density building the applicant is proposing. She stated she would like to see some larger acreage neighborhoods. James Smith residing at 112 Martin, Wylie, TX addressed council asking for assurance that there would be a consideration to withdraw this zoning case on the 28th of September. Mayor Mondy stated that there would be a consideration to accept the withdrawal by the applicant on the 28th of September. Alexis Tapp residing at 2250 Sachse Road addressed council stating that there was a lot of concern with this zoning issue. She stated that there was concern also by residents in and around Wylie with the rapid growth the city is experiencing. She asked council to think hard about the developments approved. She stated that there were many starter homes in Wylie but not very many homes to move up to with larger lots. She explained that she was not in favor of the village concept. She stated she was also concerned about the quality of life changing in the city and outlying areas. Mayor Mondy closed the public hearing at 7:00 p.m. Council Action A motion was made by Councilman Newsom, seconded by Councilman Trout to table Zoning Case#2004-17 to the September 28,2004 Council Meeting. A vote was taken and passed 7-0. 7. Hold a Public Hearing and act upon a change in zoning from Business Center (BC) District to Business Center with a Special Use Permit (SUP) for warehouse and distribution use. Subject property located at 2803 Capital Street, being Lot 11,Block B of the Regency Business Park Phase II Addition, and situated in the William Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas. (Zoning Case No. 2004-18) Staff Comments Planning and Zoning Director Claude Thompson addressed council stating that the subject property was created in 1987 in the Regency Business Park Phase 2 Addition. The lot totals approximately 0.9 of an acre,and fronts 50 feet on the north side of Capital Street. An 8,000 square feet masonry building occupies the lot, having been developed in March of 2003 in conformance to a Site Plan approved by the Planning and Zoning Commission. The building is now vacant. The property is currently zoned Business Center(BC)District,having been rezoned from Industrial(I)with the adoption of the City-wide revision of the Zoning Ordinance and Map in November of 2001. The previous use was a Showroom/Warehouse for an electrical fixtures company,which is allowed by right in both the previous Industrial and the current Business Center zoning. The applicant desires to use the facility for the warehousing and distribution of construction materials. Warehousing and distribution was allowed by right under the previous Industrial zoning,but is allowed within the Business Center District only by an approved Specific Use Permit. At the August 17, 2004 meeting, the Planning and Zoning Commission voted 6-0 to recommend Minutes—September 14,2004 Wylie City Council Page 7 approval of Zoning Case 2004-18. Staff also recommends approval. Mr. Thompson stated he would be happy to take any questions council may have. Councilman Young asked if the building was up to the new codes. Mr. Thompson stated it was. Applicant Comments Jeff Fleck residing at 15940 County Rd. 1666,Farmersville, 75442 addressed council stating that the company would be operating the same as the electric company previously residing at that location.He stated that the trucks would leave in the morning and return at night from their scheduled calls. Councilman Worley asked if this was a drywall company and the applicant stated yes. Public Hearing Mayor Mondy opened the public hearing at 7:06 p.m. asking anyone present wishing to address council to come forward state your name and address and limit their comments to three minutes. No one was present to address council. Mayor Mondy closed the public hearing at 7:06 p.m. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve Ordinance #2004-32, Zoning Case #2004-18 changing zoning from Business Center (BC) District to Business Center with a Special Use Permit (SUP) for warehouse and distribution use. Subject property located at 2803 Capital Street, being Lot 11, Block B of the Regency Business Park Phase II Addition, and situated in the William Sachse Survey,Abstract No. 835, City of Wylie Collin County Texas. 8. Consider and act upon a bid for two rescue hovercraft for the Wylie Fire Department. Staff Comments Fire Chief Shan English addressed council stating that after 911 and post 911 involving so many terror threats, fire departments started moving toward an all hazard response concept. The negative side of this was the duplication of the same services through emergency agencies near each other. About two years ago the Wylie Fire department started meeting with other fire departments to move to a regional response where each city would be responsible for one type of technical response. The Wylie Fire Department will conduct all swift water rescue operations for the participating cities. The fiscal 2004 operating budget for the Fire Department included funding for a Fire Prevention Inspector's vehicle and a mobile breathing air system. The department obtained TEEX grants to cover the cost of both of these items, thereby freeing up the budgeted funds for other purposes.The Fire Department has been authorized to use those available funds to purchase two hovercrafts for swift water rescue operations.Competitive sealed bids have been solicited and received from Neoteric Hovercraft in the amount of$44,473.00 and West Coast Hovercraft in the amount of$37,610.00.Although it is the low bid,the unit offered by West Coast Hovercraft does not meet the City's specifications.The total budget allocation for the vehicle and breathing air system was$63,430.Because delivery is likely to be after October 1,it may be necessary to carry the funds over into the fiscal 2005 budget. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve the purchase of two rescue hovercraft for the Wylie Fire Department from Neoteric Hovercraft in the amount of$44,473.00. A vote was taken and passed 7-0. Other bids received were: West Coast Hovercraft in the amount of$37,610.00(did not meet specs.). Minutes—September 14,2004 Wylie City Council Page 8 READING OF ORDINANCES TITLE & CAPTION APPROVED BY COU CIL AS ».. � : :... , ;: ;:III R i4�1�:�:3�I1� :<::`:� >< ' >`::: >:::::::;'::: �E.(.1. IRD B'1�:'� )�:CTTYGHr��ZTER�;A�T �LE. :::.�5.::CT. :............................. City Secretary will read approved Ordinance captions for the record. City Secretary Carole Ehrlich read captions of Ordinances #2004-28, #2004-29, #2004-30, #2004-31, and #2004-32 into the official record. With no further business before Council, a motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to adjourn the meeting at 7:15 p.m. A vote was taken and passed 7-0. Mondy, yor y F wy �----i ATTEST: _ SEAL • decretary /��,,e E ,EXP`�� Minutes—September 14,2004 Wylie City Council Page 9