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09-28-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, September 28, 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 Tern Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, and Councilman J. C.Worley. Staffs present were: City Manager, Mark B. Roath; Assistant 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. Mayor Pro Tem Eric Hogue gave the invocation Councilman Newsom led the Pledge of Allegiance. • Presentation of Proclamation to Sanden International (USA) in celebration of their 30 year anniversary Mayor Mondy and the City Council Members presented Sanden International (USA) with a proclamation celebrating their 30 year anniversary. Representatives from Sanden International were present to accept the proclamation. • Presentation of Proclamation designating the week of October 3-9 as "Fire Prevention Week" Mayor Pro Tem Hogue and Councilman J. C. Worley presented Fire Chief English and members of the Wylie Fire Department with a proclamation designating the week of October 3rd — 9th as "Fire Prevention Week". Representatives of the Fire Department along with"Sparky"were present. Kelly Koch addressed council with concerns regarding traffic issues and stop signs on South Westgate (High School to Brown Street). Ms. Koch requested a three way stop at the intersection of Oak and Westgate for children to cross. The mayor asked staff to check into some improvements to the area in question. Minutes—September 28,2004 Wylie City Council Page 1 VONSriNt :...:,.:...:.�00"c„...... .... . :, onssde�e�I.;ta,::OcOloloollt:Ei*; t :: : rr<tka:.�Qn�e�:::st� antis:::��e�-:::.�:::::::;.;:.;:.;:.;:.;:.;:::::::: : ::::...;; ..:: :::: .......: ::..:::::...::: .:. is.;:desire 0100. ��sca:<. : :: >>; : ::::::.�:: .::::.:::.:::../::: :::: :::: . : :.::::::::.�:::::. ii}. ::iii:i:•iiiii:4:;;}::'::: •i:•i:ii::.;'. ....:^• el :ii::'i::::•is:::i:::::•ii:::•i:: iJ::::::i:::::•::::•::•::'::.:ii:ii:' ite�:�v�::b�:: v�ed�ro�::�e�o���n�;:Agenc�aaEtd�v ::�e::cbder�d.sep �:._.�'.::::::::::::.................... A. Approval of the Minutes from the regular meeting of September 14, 2004. 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. C. Consider and act upon an Ordinance annexing all of a certain 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. IT RAWN-per the applk 'srequesti Remove fron t th+�lrasect , a Ltd Council Action A motion was made by Councilman Young to remove Item C from the Consent Agenda. The motion passed by consensus. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve Items A and B of the Consent Agenda. A vote was taken and passed 7-0. No action was taken on Item C once removed from the Consent Agenda. Tabled Item This item was tabled at the September 14 Council Meeting at the request of the applicant. 1. 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 single-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 to 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 Minutes—September 28,2004 Wylie City Council Page 2 Dallas Counties, Texas. The applicant is requesting that this request be withdrawn. (Zoning Case No. 2004-17) Council Action A motion was made by Councilman Young to remove item#1 from the table. Consensus of the council was to remove. Staff Comments Planning and Zoning Director Claude Thompson addressed council stating that the applicant has requested that this request be withdrawn (letter on file), in order that the concerns raised by the neighboring property owners and Commission may be adequately addressed. Because the request has been published and neighboring property owners notified in accordance with ;::C: <. �, ..G TO VEIS 'ITI NCO MINTR OR TO State law,the C �? H� �3Q) � HE>Pia`�L��:I�F<A�:::: :::::. :.:.......:.......... ditiftlitiknottbitittirwittlidANAL Public Hearing Mayor Mondy opened the Public Hearing at 6:10 p.m. No one was present to address council. Mayor Mondy closed the Public Hearing at 6:10 p.m. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to accept the withdrawal by the applicant of Zoning Case#2004-17. A vote was taken and passed 7-0. 2. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) District and Neighborhood Services (NS) District to Planned Development (PD) District for single-family residential development of varied densities. Subject property being all of a certain 185.1449 acre tract of land generally located west of FM 544 at Vinson/County Line Road, being part of a tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co., as recorded in Volume 561, Page 226 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and situated in 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, City of Wylie, Collin County, Texas and the E.M. Price Survey, Abstract No. 1114, Dallas County, Texas. (Zoning Case No. 2004-19) Staff Comments Planning and Zoning Director Claude Thompson addressed council stating that the Annexation of the subject property into the City of Wylie is also on the current agenda. The annexation must be accepted prior to the Council considering any action concerning the subject rezoning request which was approved in tonight's Consent Agenda. The applicant previously requested annexation and zoning of the subject property into several straight zoning district classifications but was denied by the Planning and Zoning Commission on May 18,2004,and the annexation and zoning requests were both subsequently withdrawn by the applicant. The same applicant is now requesting annexation and zoning to a Planned Development District(PD)in order to allow only single-family detached residences(lots of 8,500 and 10,000 square feet). At the September 7,2004 meeting,the Planning and Zoning Commission voted 5-1 to recommend approval of Zoning Case 2004 19,subject to prior annexation of the property in to the City of Wylie and with several stipulations: that no lots be smaller than 8,500 sq. ft and 35%of the lots be 10,000 ft. or larger, no garages face the front street, and the earth and berm be substutituted for the screen wall, that areas adjoining the Twin Creek Ranch Estates to the SW and the property to the North be buffered with a special transition zone with deep lots and vegetation in the rear,PD calls for no allies. Staff recommends denial because the proposed decrease in lot sizes and increase in residential density does not comply with the recommendations of the adopted Comprehensive Plan. The special Minutes—September 28,2004 Wylie City Council Page 3 Conditions of the Planned Development District provide little change from the standard requirements of the Zoning Ordinance and the PD is therefore not justified. Applicant Comments Mr. Ryan Betz, residing at 3838 Oak Lawn, Suite 1212, Dallas, Texas, representing Skorberg Company addressed council thanking the council for their time. He stated that the property that was being presented tonight had been in the planning stage since 2003. Originally this was brought to staff as a PD. After conversation with staff it was brought back as a Village Center making the plan around a Retail Center. The P&Z denied this proposal and Mr.Betz went back to redesign the plan which is brought to you tonight(PD). Presented to you tonight is the Village Center Plan with trail systems,but revising the plan to include no Retail Center and designing it to include some move up type housing with larger size and better quality. Mr. Betz stated that he heard the concerns presented by council and the commission and is contacting only quality builders including Grand,Drees,David Weekly,Paul Taylor and others.Mr.Betz described the amenities that would be included in the proposed development including a park that would not be in a flood plain. He stated that he had been in contact with WISD to obtain information on future schools in the area. He stated that the school district was looking at several locations in the proposed area. Mayor Mondy asked Mr.Betz if he had contracts with any of the above mentioned builders. Mr.Betz stated that he did not. He explained that he has spoken to the builders to see if they would be interested in building in Wylie,and these builders stated they would be,but he could not execute contracts until the zoning was in place. Mayor Mondy then asked Mr.Betz if the hand out, displaying a model home would be the homes that would be built in this proposed development.Mr. Betz stated that he could not guarantee,but felt sure one of the two constructed by Grand could be built in this development. Public Hearing Mayor Mondy opened the Public Hearing at 6:55 p.m. Mr. Brent Bates and Mr. Don Truitt addressed council with concerns about the proposed zoning case. Mayor Mondy closed the Public Hearing at 7:10 p.m. Brent Bates residing at 1340 E F.M. 544, Wylie Texas addressed Council stating that he had spent time with Mr. Betz and had reviewed some of the other developments. Concerns that I still have are: the size housing proposed for the development, along side houses that are 3,000 sq. ft. and above. The proposed Native grass for the berm and areas of the park will not be as aesthetically appealing as commercial and irrigated grass, lot size needs to be at a minimum of 10,000 sq. ft. and house size should be a minimum of 2,400 sq. ft. Mr. Bates stated that the proposal fell short of the quality development we need in Wylie. Dan Truitt residing at 807 Meadow Drive, Wylie,Texas in the Twin Creek Estates addressed council stating that he had met with Mr. Betz. He stated that his concern with the proposed development was the amount of traffic this high density development would put on F.M. 544 with the addition of anywhere from 600 to 1,200 additional vehicles.Mayor Mondy stated that he understood the concern but assured Mr.Truitt that there were plans to widen roads as needed and would be happy to sit down with him anytime to explain them. He also stated that he had some concerns with the road going from the new development into his existing development and access to roads. Council Discussion Mayor Mondy stated to Mr. Betz the he believed that his proposal presented to council tonight, need some additional improvements.Mayor Mondy asked Mr.Betz if there was a chance of increasing the house size to 2,800 to 3,000 sq. ft. Mr. Betz stated that he could not. Mayor Mondy then asked if the lot could be increased to a minimum of 10,000 sq. ft. Mr. Betz stated at this moment he could not.Mayor Mondy then stated that he would like to see larger lots and "J" drives for this area. Mayor Pro Tem Hogue stated that he was happy with the elimination of the Retail Center but also wanted to see less density. Mr.Betz stated that the density was capped at 600 units.He stated that according to the comp plan,it could have up to 720 units. Councilman Worley stated that he would like to see 15%of the lots to be a minimum of 20,000 sq.ft.,with a 3,000 sq.ft. minimum home; 10,000 sq. ft. lots to have a 2,400 sq. ft. minimum home; and 8,500 to have 1,900 sq. ft. home. Councilman Worley desired to see a better mix of home size and lots. Councilman Trout stated that one of the subdivisions Mr. Betz had mentioned was Country Ridge. I believe the average lot size in that development is 10,000 sq. ft. or more It Minutes—September 28,2004 Wylie City Council Page 4 has been 1 '/z years since the development was started and it is close to 2/3 built out. He asked Mr.Betz what the average house size was in that development. Mr. Betz replied that he believed the average was 2,500 sq. ft. Mr. Betz went on to say that he believed an average house size of 2,500 would be something he could look at. Councilman Young asked Mr. Betz if he was intending to put front entrance with"J" drive only.Mr. Betz replied that it was in the PD. Councilman Young stated that he would like to see minimum lots at 10,000 sq ft and front entrance lots with "J" drives. Councilman Trout stated that he would like to see stone accents with the brick. Councilman Newsom asked what impact the 600 homes in the proposed development would have on traffic. City Engineer Chris Holsted replied that a two lane road would accommodate approximately 10,000 cars. The section of 544 that would be impacted with the addition of these homes would be no where close to that figure however the developer would be required to escrow or build a future 2 lane along the frontage of Stone Road and 544.He could check state requirements and get that information back. Councilwoman Allen stated that she liked the screening and amenities offered by this proposal however, she would like to see a guarantee of who the builders would be and the quality of the development.Mayor Pro Tem Hogue stated that he would felt if the city approved quality builders with lower density and larger homes,the buyers would come,and this is exactly what Wylie needs at this time. He went on to explain that he did not like front entry homes and he did not think anything but side entry and back entry should be considered. Mayor Mondy then asked Mr. Betz after receiving the input from council and citizens if he would now like to table this item and come back with some of the recommendations. Mr. Betz replied that he would and felt that the regular meeting for October 26, 2004 would be enough time to incorporate these changes. Council Action A motion was made by Councilman Worley, seconded by Councilman Newsom to table Zoning Case #2004-19 until the regular council meeting of October 26, 2004 at the request of the applicant. A vote was taken and passed 7-0. Mayor Mondy called a recess at 7:30 p.m. Mayor Mondy reconvened the council meeting at 7:35 p.m. 3. Consider and act upon a request to waive Section 3.2.B of the Subdivision Regulations requiring alleys within a residential subdivision. Subject property being a 14.776 acre tract of land generally located east of Troy Road and north of County Line Road, being part of a tract deeded to I. L. Whitsell as recorded in volume 44, Page 204 of the Deed Records of Rockwall County, Texas, and situated in the L.B. Outlaw Survey, Abstract No. 173, City of Wylie, Rockwall County,Texas. 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 at that time zoned as Agriculture(A)District. The Council subsequently rezoned the property to Single-Family 10 Residential (SF 10/19) District, allowing lots of 10,000 square feet and larger on September 14. The owner/applicant had earlier requested that the requirement for alleys be waived,and that request was denied by the Council on July 27. However,the applicant was not present for the July 27 consideration,and is again requesting that the Council consider waiving the required alleys.Staff recommends approval. The functions of alleys will be accommodated by other measures,and the addition of alleys requires the expense of City maintenance funds for no significant public goal. The departments of Planning,Engineering,Fire and Public Works concur with this recommendation. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve a waiver for required alleys within a residential subdivision. Subject property being a 14.776 acre tract of land generally located east of Troy Road and north of County Line Road, being part of a tract deeded to I.L. Whitsell, recorded in volume 44 Page 204 of the Deed Records of Rockwall Co., Texas and situated in Minutes—September 28,2004 Wylie City Council Page 5 the L. B. Outlaw Survey, Abstract No. 173, City of Wylie, Rockwall Co. Texas. A vote was taken and passed 6-1 with Mayor Pro Tem Hogue voting against. 4. Consider and act upon authorizing the Mayor to execute an Interlocal Agreement between Wylie Independent School District (WISD) and the City of Wylie for Wide Area Network (WAN)Fiber Optic Cable Access. Staff Comments Chief Shan English addressed council stating that the WISD has developed and maintained its own private Wide Area Network (WAN) fiber optic network for five years. Due to the City of Wylie's large geographic area, currently 42 square miles, and advanced technical communication needs,the WFR in cooperation with WISD drafted an interlocal agreement. This agreement will serve current and future communication needs by providing Nexgen system access points to the WISD(WAN)fiber optic network. The cost associated with this associated agreement will be paid with a communications grant in the amount of $27,000.00 that has been secured from Home Land Security - 2004 Urban Area Security Initiative Grant addressing interoperability. The cost will be covered for 21 months by this grant and reviews of the availability other cost effective technology will continue throughout this agreement.The city is currently negotiating agreements with Verizon that may include WAN and/or services that include fiber optic network access. These negotiations are underway and should conclude in late 2004. Council Action A motion was made by Mayor Pro Tern Hogue, seconded Councilman Worley to authorize the Mayor to execute an Interlocal Agreement between Wylie Independent School District (WISD) and the City of Wylie for Wide Area Network Fiber Optic Cable Access. A vote was taken and passed 7-0. 5. Consider and act upon proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. Staff Comments Human Resource Director Lynn Fagerstrom addressed council stating that United Healthcare, represented by Wylie Insurance Agency,was the only provider to submit a proposal for group medical insurance. The premium rates quoted by United reflect a 12.4% increase which is below the current industry average. The only benefit change is a slight increase in the employee's prescription co pay. Dental proposals were submitted by Life Re (the current provider), United Healthcare, Ameritas and Aetna. Aetna, also represented by Wylie Insurance, offered the most favorable rate quote.While the dependent coverage is somewhat higher than the current premium,the employee rate is lower and the cost to the City remains basically the same as the current plan.Proposals for employee life and disability insurance were submitted by United, Aetna and Canada Life, the current provider. Canada Life offered to renew coverage at the current rate and theirs was the lowest quoted rate. She explained that staff recommends awarding the City's group medical coverage to United Healthcare,the City's dental coverage to Aetna, and the City's life and disability insurance to Canada Life.A summary of the proposals is in the agenda packet. Council Discussion Mayor Mondy asked if this proposal was the same as last year.Ms.Fagerstrom stated that the only change was in prescription costs. Councilman Newsom asked what those changes were. Ms.Fagerstrom stated that presently they were$7-$15-$30,this proposal increased to$10-$25-$50 for generic,brand name and brand names not on the preferred drug list,respectively. Council Action A motion was made by councilman Young, seconded by Mayor Pro Tern Hogue to award a contract for employee health insurance to United Healthcare, award the employee group dental insurance coverage to Aetna, and award the employee group life and disability insurance coverage to Canada Life. A vote was taken and passed 7-0. Minutes—September 28,2004 Wylie City Council Page 6 6. Consider and act upon a Resolution suspending the effective date of CoSery Gas Ltd requested rate changes. Staff Comments Assistant City Manager Mindy Manson addressed council stating that CoSery Gas Ltd. (CoServ) has filed a Statement of Intent to change gas rates within all municipalities in the CoSery system,to be effective October 1,2004. As in the past,the City has the option to continue to join with a coalition of cities affected by the proposed change so that the Cities may negotiate as a single unit. In order to do so, the City must pass a resolution which suspends the effective date for 90 days to evaluate the proposed rates. If the City does not suspend the effective dates, the proposed rates will automatically go into effect October 1. CoSery serves 1,906 Wylie customers,and the proposed rate is expected to increase the average bill across all of their territory by approximately 7.3%. The proposal will establish a single company-wide rate, replacing 18 different sets of rates. Based on the information provided by CoServ, the requested change will also increase existing miscellaneous service charges, as well as adding new service charges. She explained that staff recommends approval of a Resolution that will suspend the rates during negotiations. City Manager Mark B. Roath reiterated the need to pass this resolution before the October 1,2004 deadline if desired. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Resolution #2004-22(R) suspending the effective date of CoSery Gas Ltd. requested rate changes. A vote was taken and passed 7-0. 7. Consider and act upon the approval of an ordinance amending Ordinance#2001-57; Providing for exemption from ad valorem tax on motor vehicles leased for personal use beginning with the 2005 tax year as authorized by Section 11.252,Texas Property Tax Code. Staff Comments City Secretary Carole Ehrlich addressed Council stating that in 1999 voters approved a constitutional amendment that authorized the legislature to exempt leased automobiles from property taxes provided the automobiles are used for personal use and not for the production of income. SB 248 passed in 2001,provided that motor vehicles leased and used primarily for non- income-producing purposes are exempt from property taxes. The bill also gave cities an opt-out from the exemption if it passed an ordinance to that effect by January 1, 2002. In December of 2001, the City of Wylie passed Ordinance#2001-57 which allowed the city to opt out of the exemption for vehicles used for personal use only and charge the tax. Since the passage of Ordinance #2001-57, several citizens have called voicing their objections to this ordinance. The main argument being that if a citizen purchases a vehicle for personal use,there are no property taxes levied,however,if a citizen chooses to lease a vehicle for personal use,there are tax ramifications,noting that there is no business income derived from that purchase. In July of 2004 Steve Adair contacted both the City Manager's Office and the City Secretary's Office requesting that the exemption for personal use be reconsidered. He has requested to speak to Council on the matter during a regular City Council Meeting. She went on to explain that the Collin County Appraisal District has compiled the 2004 market value for this tax appraisal category which amounts to$4,832,065.(personal use leased vehicles only)and will amount to a reduction of$33,583. in tax revenue to the city,calculated using the new tax rate.She stated she would be happy to take any questions from council. Citizen Comments Mr. Steve Adair residing at 620 Gunters Mountain Lane,Wylie,Tx.addressed Council stating that he had moved to the City of Wylie about two years ago and this was his families first home. He was surprised to fmd that besides the property tax he paid for his home he would be paying ad valorem tax on his vehicles of which he leases two. He felt the tax was unfair and were difficult to pay. Council Discussion Mayor Mondy asked what the cost was for one vehicle. Mr. Adair stated that the taxes were around$300.00 for his two Minutes—September 28,2004 Wylie City Council Page 7 vehicles,per year.Interim Finance Director Ron Hutchison stated that his office,in the past few years his office had received several call regarding the taxation of leased vehicles for personal use only. Council Action A motion was made by Councilman Young, seconded by Councilman Worley to approve Ordinance #2004-34, amending Ordinance #2001-57 and providing for an exemption from ad valorem tax on motor vehicles leased for personal use beginning with the 2005 tax year as authorized by Section 11.252,Texas Property Tax Code. A vote was taken and passed 7-0. >IL ittEOUltaValtiViniVeltratMattiAtneLEWSECTIONISUiiiiiiiiiMMENEMMEN City Secretary will read approved Ordinance captions for the record. City Secretary Carole Ehrlich read captions of Ordinances#2004-33,#2004-34 into the official record. With no further business before Council, a motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to adjourn the meeting at 7:55 p.m. A vote was taken and passed 7-0. hn Mo dy or `�y O F ATTEST: - • S E rJA L - . • Caro e Ehrlich,C ecretary ''�, /1I E,;EXP.%< Minutes—September 28,2004 Wylie City Council Page 8