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10-12-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, October 12, 2004— 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem 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 Holsted; Planning & Zoning Director, Claude Thompson; Public Information Officer, Mark Witter,and City Secretary,Carole Ehrlich. INVOCKUMittlithgt4 `>> <......:.. Councilman Newsom gave the invocation and Mayor Pro Tem Hogue led the Pledge of Allegiance. • Presentation to Star Students for the character trait of"Responsibility" Mayor Mondy and Mayor Pro Tem Hogue presented"Star Student Awards"to students demonstrating the character trait of"Responsibility". .. . ... ....: ..:. There was no one present to address council. :::::..::..::..:::....:..:.....................:..:.::::::::::::.::...:.........P.....:.:::::::.:::.::::::::::::,..:...............,.:.:::::.::: :: ............................................:::::::::.::. :. d .l: : :.>.:::s::>::::>::>:>:>:s:<s_<::<:>:>:<::>;>::>::::>::::>::::»»::>::::<;:> .:,.::.>:. .: .:.: �.;. .:::,'..::. :.:............t::.,........�;�::. be:�'fio�dered:sc .gate.�.:::: :.::�::::.:::::::;::::::.::::::::::.::: temw� :beno�ed:�rau�:�� a��e�. d ::::::: ::..:.................................1�..... A. Approval of the Minutes from the regular City Council Meeting of September 28,2004. B. Consider and act upon a request from the Wylie Seniors Program and Teens that Care to sell admission to the Haunted Tunnel at the Bart Peddicord Community Center on October 28, 2004. C. Consider and act upon a request by WISD to waive Section 3.2.B of the Subdivision Regulations requiring alleys in residential districts and to allow residential lots to face W.A. Allen in accordance with Sections 3.1.I and 3.6.B of the Subdivision Regulations. • Minutes—October 12,2004 Wylie City Council Page 1 I Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve the Consent Agenda with one correction to the minutes. Last line of page one: change Ms. Koch to staff. A vote was taken and passed 7-0. 1. 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. (Zoning Case No.2004-20) Staff Comments Planning and Zoning Director Thompson addressed council stating that the subject property totals 100.0994 acres.The property is zoned Agriculture (A) and has never been platted or developed. The applicant is requesting rezoning to a Planned Development District in order to develop a single-family residential subdivision comparable to the existing neighboring residential trends but differing somewhat from the standard requirements of the Zoning Ordinance. Staff has received and passed on to Council modifications to the original application which provide for alleys in some portions of the PD due to a condition required by the commission requesting that 15%of the lots have swing garages.This condition could not be obtained without adding some alleys to the proposal and allowing 15% of the lots to have either rear entry or swing garages. The proposal does closely conform to the density recommendations of the Comprehensive Plan,and offers significant public park amenities designed to be accessible to a greater number of neighbors. The proposal provides for the dedication of the sensitive Muddy Creek ecosystem as well as the extension of the Lakefleld Drive collector street Staff agrees that this philosophy is worth some degree of trade-off and balance by some smaller size of lots and houses.However,staff feels the magnitude of the proposed trade-off offered is too drastic a departure from both the current requirements of the Zoning Ordinance and the pattern of existing development in the vicinity to accept.At the October 5,2004 meeting,P&Z voted 6-1 to recommend approval with changes noted in the Planned Development Conditions. Applicant Comments/Discussion Mr. Steve Parsons, applicant, residing at 6936 Spanky Branch Dr., Dallas, Texas addressed council stating that since the previous council meeting, Mr. Parsons and Mr. Sallman (Co-applicant) had met with neighbors, staff and some council members.Thee significant changes were made based on comments heard. Lot and house sizes were increased,the extension of Lakefield Drive with F.M. 1378 was reviewed.Mr.Parsons explained that the cost to extend this road would be a requirement of any developer due to necessary emergency access to the area.He explained that a second point of access is a normal part of the planning process and added that the road is called for in the City of Wylie Thoroughfare Plan and the location of this connector to 1378 has been approved by the City Engineer.Mr.Parsons had spoken to TxDOT representative Jason Brodegan, and he had stated that the environmental assessment,the schematics and the right of way details are currently being reviewed in Austin.He commented that the process usually takes 3-6 months to complete.The density requirements,according to the Wylie Comprehensive Zoning Plan,are 2.3 lots per acre. Regarding the Parkland and Flood Plain,we are proposing to dedicate nearly half of the property(40%)to parkland.He stated that even taking out the flood plain portion of dedication would still leave 20% dedicated to parkland Mr. Parsons commented that he believed the parkland improvements would enhance the area for residents of the proposed development,as well as,other residents in the area. Mr.Parsons asked if there were any questions from council. Councilman Trout asked Mr.Parsons how much the parkland dedication was,excluding the floodplain,with regards to acreage. Mr.Parsons replied that it was about 20%but did not have a calculation of acres.Councilman Newsom then asked what kind of homes Goodman Builders planned to construct Mr. Parsons stated that Mr. Mark Brown representing Goodman Builders was present to answer questions regarding construction of homes in the proposed development. Mark Brown representing Goodman Homes and residing at 5901 Hempsted,Plano,Texas addressed council stating that his company had recently constructed homes in another Wylie development (Sage Creek) that the company has enjoyed good success with. He explained that Goodman planned to construct a similar product in the proposed development which is Goodman's Diamond Product Diamond Homes would be mid price point ranging from$175,000 to$200,000. Steve Saiman representing the applicants and residing at 4925 Greenville Ave, Plano, Texas explained the difficulty of building a site on a development that would encompass so much flood plain and creek area and connecting to F.M.1378, ,'McCreary Road and S.H. 544.He explained that what remains of this area is 100 acres which we plan to complete as a move up neighborhood. In comparison the area to the west of this development is the Lakeside Development with densities of 6,000 sq. ft.minimums.and 1,600 sq ft homes. The Wooded Creek Addition requires a lot size of 7,200 sq ft.and home size of 1,700 sq. Minutes—October 12,2004 Wylie City Council Page 2 ft.minimums. He commented that after listening to comments by council,he was not in a position to increase density or lot size until they could meet with the builder. Since that time,Goodman has committed to the project and the density and lot sizes will be increased to 6,000 minimum for 40%of the proposed lots,7,200 sq. ft and 8,400 sq.ft.Homes will very from 1,900 sq.ft. (minimum)to 3,000 sq.ft. Council Discussion Mayor Pro Tern Hogue asked Mr. Sallman how the proposed area would be a move up. Mr. Sallman stated that looking at adjoining developments,the densities and home sizes would be larger for a move up for those residents.Mayor Pro Tern Hogue then asked if adding the alleys would reduce the size of the lots. Mr. Sallman stated that there would be little change to those densities.Mayor Mondy asked City Engineer Hoisted what the effects would be to the farm to market road to align these roads. City Engineer Hoisted explained that staff will be able to review that after final engineering surveys are completed and the alignment of Lakefield could be shifted around depending on what the flood plain study reveals. Councilman Trout asked if there were any other developments with homes facing Lakefield. Mr.Thompson stated that there were other developments with homes facing Lakefield. Councilman Trout stated that it might be more beneficial to have lots facing the greenbelt area adjoining the floodplain rather than a busy thoroughfare. Public Hearing Mayor Mondy opened the public hearing at 6:30 p.m. asking anyone present to come forward give their name, address and limit their comments to three minutes. Joe Murphy residing at 1704 Lincoln Drive,Wylie,Texas addressed council stating that his developed area,which is north of 1378 and close in proximity to the proposed development,has lot sizes of 1/3 acre with minimum home sizes of around 3,000 sq. ft. He explained that he did not see why these developments could not stay with the current comprehensive plan, adding that higher density developments did not make sense to people living in his development. He added that this type density would make traffic unmanageable and the impact on the schools would be undesirable to the Wylie School District. Mary Ann Murphy residing at 1704 Lincoln Drive addressed council reiterating the issues addressed by Mr. Murphy and stated that a survey was not sent to her household. She stated that she would love to see the council meetings changed to 7:00 p.m. to allow citizens time to attend the meetings. She also asked council why a person in her subdivision would want to move up from a 3,000 sq.ft.home to a 1,900 sq.ft.home. Ms. Torrey Anderson residing at 204 Waterwood in Lakeside Estates addressed council stating that she was in favor of the proposed development. She believed that the extension of Lakefield Drive going out to F.M. 1378 would be an asset. Ms. Anderson stated that the intersection of F.M. 544 at the high school would be widened according to TxDOT to address the safety issues and increase traffic flow.Ms. Anderson also stated that a different signalization at the train crossing would be installed to again assist with safety on that road. She went on to explain that persons in her neighborhood would also have more access and reduce traffic because they would have more choices entering and exiting the development. Also,she felt if the development was approved,the aesthetics of the proposed parkland dedication with walking trails,parks and open space would increase the value of property in the adjoining developments and residents could enjoy the amenities. Mr. Scott W. Sheaffer residing at 2203 Hideaway Ct., Wylie, Texas addressed council stating that he was representing a group of residents for which a signature list is presented to council. He stated that those on the list including him were against the proposed development. He explained that residents in the Lakeside Development were losing equity in their property due to declining property values. Part of the appeal of Wylie was the open country living and not overcrowded developments.He stated that the lots proposed are similar in size to the homes in his development and a number of the homes in his development were for sale or foreclosing. Mayor Mondy closed the public hearing at 6:45 p.m. Council Discussion Councilman Newsom asked how many homes were being built at Birmingham Farms,Phase 13. Mr. Thompson stated there would be around 350 hones,not yet built but approved for Phase 13. Councilman Newsom then asked Mr. Hoisted who owned Muddy Creek. Mr. Hoisted explained that there were approximately 20 owners. Minutes—October 12,2004 Wylie City Council Page 3 Councilman Newsom then asked who was responsible for the maintenance of the Muddy Creek area Mr.Hoisted replied that the Texas Soil Conservation Service maintained the Muddy Creek Dam at this time. Mr. Newsom asked if their budget was almost non existent at this time. Mr.Hoisted stated that it was. Councilman Newsom asked if the City could be the underlying property owner and could be responsible for the maintenance of the creek even if the development was approved tonight Mr.Hoisted replied that the City of Wylie could be the underlying property owner and responsible for the upkeep of the creek and dam. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to deny Zoning Case #2004-20. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tern Hogue, Councilman Worley, Councilman Newsom, Councilman Trout and Councilman Young voting for denial and Councilwoman Allen voting against denial. 2. Consider and act upon an ordinance to increase water utility rates sufficient to recover the wholesale price increase from North Texas Municipal Water District. Staff Comments Assistant City Manager Manson addressed council stating that the City of Wylie purchases water from the North Texas Municipal Water District(NTMWD)at$.92 per thousand gallons. NTMWD notified the City on July 30,2004,that the rate would be increased by$.05 per thousand gallons. The new rate of$.97 per thousand will be effective October 1,2004. She stated that this would be the 2nd time that a charge through would be carried through to the citizens.Staff recommends approval of the ordinance to increase rates. Council Discussion Councilman Newsom asked staff if the City was in the process of conducting a rate study for Water/Waster Water. City Manager Roath addressed Mr. Newsom explaining that, yes there was a rate study in progress but this study would address whole end cost,infrastructure needs and compliance with TCEQ for Water and Waste Water for the City and was not connected in anyway to the pass through rate increase by NTMWD to the City of Wylie: Councilman Newsom stated that the Wylie water rates were 22%higher than Frisco and 18%higher than McKinney and asked that the increase be delayed until the rate study was completed and presented to council. Mr. Roath stated that the tabling of action would cost the city around$10,000 to $12,000 over the two month period because the City would absorb the costs presently charged from NTMWD. He went on to explain that this was a pass through rate increase to the citizens from the increase received from NTMWD to the City of Wylie and unrelated to the Water and Waste Water Study. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve Ordinance #2004-35 adopting a water rate increase of$.05 per thousand gallons of water. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Trout, Councilman Young, and Councilman Worley voting for and Councilman Newsom voting against. 3. Consider and act upon the Transfer and Conveyance of a Wastewater Line and Easement. Staff Comments Assistant City Manager Mindy Manson addressed council stating that during the platting process for the Woodbridge Golf Course in 1999,the City of Wylie acquired an easement in anticipation of the construction of the new Wastewater Treatment Plant The City installed the pipe at that time in order to avoid the future disruption of the developed golf course. Because the new Treatment Plant is regional in nature and this line will also carry flow from the City of Murphy,the North Texas Municipal Water District(NTMWD)will take ownership of this easement,plus additional easements which will connect this area to the Plant The City of Wylie has been compensated by NTMWD for the costs associated with construction. Minutes—October 12,2004 Wylie City Council Page 4 Council Discussion Mayor Mondy asked what the cost would have been if the lines had not been installed prior to the installation of the Gof Course. Ms. Manson stated that it was hard to know but could be substantial. Councilman Trout asked if the City was giving the easement to NTMWD. Ms. Manson stated that NTMWD was reimbursing the City of Wylie for costs incurred in the construction of the line and the City of Wylie in turn was conveying the easement to NTMWD. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve the Transfer and Conveyance of a Wastewater Line and Easement to North Texas Municipal Water District (NTMWD). A vote was taken and passed 7-0. ItEQUIREDWWittiVeltiVOURTERIangteittganiMA ..................:... �:[).��......�:..:A INEEMINEMIN City Secretary Carole Ehrlich read the caption of Ordinance#2004-35 into the official record. With no further business before Council, a motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to adjourn the meeting at 7:01 p.m. A vote was taken and passed 7-0. hn M , ayor .J oF. SEAL ATTEST: _ • - • • it'"' Caro a Ehrlich City Secretary • Minutes—October 12,2004 Wylie City Council Page 5