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10-26-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, October 26, 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 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 Holsted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison; Library Director, Mignon Morse; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. ................................................................................................................................................................................................................................................... Reverend Mark Forrest,Murphy Road Baptist Church gave the invocation. Councilman Trout led the Pledge of Allegiance. • Unveiling of Star Tree "2004 Reach For A Star Program" Invite Council and Staff to "Reach for the First Stars". Aimee Nemer, Administrative Assistant and "Reach for A Star" coordinator and City Secretary Carole Ehrlich presented the "Star Tree" and asked Council members and staff to choose the first stars for the 2004 City wide program. • Rotary Club presentation of a donation to the"Reach for a Star Program". Rotary President Jeff Butters presented Reach for A Star representatives with a donation from the Rotary Club of$500.00 for the 2004 program. entag 18 PARe'I PA' iO :: There was no one present to address council. �: ter INed de: ::Conse t:i end a re:iohs,d.;eeed:<to be: Ouft ::l the Ci:<Coa iic < will A. Approval of the Minutes from the regular City Council Meeting of October 12, 2004. Minutes—October 26,2004 Wylie City Council Page 1 B. Consider and act upon the appointment of Mayor John Mondy to serve as an Executive Board Member to the Dallas Mobility Coalition (DRMC) from October 1, 2004 through December 31, 2005. C. Consider and act upon authorizing the City Manager to execute a contract between The City of Wylie and The Library Corporation for the Library Automation System. Approved by Resolution#2004-23(R) D. Consider and act upon a Preliminary Plat for the Rubalcava Industrial Park Addition. E. Consider and act upon a proposal from The Wallace Group, Inc. in the amount of$12,000 for the development of base maps and GIS data. F Consider and act upon the acceptance of auditing services, not to exceed $31,050., for the year ending September 30, 2004 by the accounting firm of Rutledge Crain & Company,PC. 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. IN DUA NS1I Es``RATIO ... ....:. Tabled from September 28, 2004 Consensus of Council was to remove from the table. 1. Consider and act upon a change in zoning from Agriculture (A) and Neighborhood Services (NS) to Planned Development (PD) District for residential uses of varied densities, tabled from September 28, 2004. (Zoning Case No. 2004-19) (C. Thompson, Planning & Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed council stating that the Public Hearing was convened and closed on September 28, 2004. He explained that Council may, at their discretion reopen the hearing or receive public comments.Mr. Thompson stated that there were a couple of changes since the September 28, 2004 meeting. These included; the house size increasing to 2,400 sq. ft. as an average, 10,000 sq. ft. lots would now have a minimum of 2,000 sq. ft. homes and 8,500 sq. ft. lots would have a minimum of 1,900 sq. ft. homes, no garages will face the front street area, some alleys will be needed to accommodate the requirement for the back or swing garages. The subject property was annexed September 28, 2004. No written responses from within Wylie were received,but 2 written responses against the case from properties within the unincorporated County were received. He stated that the item before the council requires a simple majority to approve. Planning and Zoning Commission voted 5 — 1 to recommend approval with stipulations (incorporated into current report)on July 7, 2004. Staff recommends denial for noncompliance to the Comprehensive Plan. Applicant Comments Ryan Betz residing at 3838 Oaklawn, Dallas, Texas representing Skorburg Co., addressed council stating that he was pleased to address council once again. He stated that in the past month since the 9-28-04 council meeting, he had some time to contact builders and gather additional information. He explained the plan presented tonight gave some larger lots with minimums of 12,000 square foot lots on the north side (approx. 8-9 homes) included in the plan. Skorburg is also offering a buffer of 30 feet planted with evergreen cedars. Mr.Betz stated that the plan now Minutes—October 26,2004 Wylie City Council Page 2 called for a 2,400 sq.ft. minimum average home size. The proposed development would have a minimum of 1,900 sq. ft. home size. Mr. Betz explained that what the company was trying to accomplish with the minimum house size was to provide builders with the options to include homes for retired and young people without children.Mr. Betz stated that he was requesting tonight that those homes that had a three car garage could have a swing for two doors and a front entrance for one. The landscape and entry amenities would include hardwood and evergreen trees and define native grass as Bermuda,Buffalo and Rye grass mix. The shortfall in the park dedication from 30 acres to 18 acres is due to the decrease in homes based on the larger minimums proposed and netting out the school and parkland.Mr. Betz explained that this should reduce the 30 acre requirement in the comprehensive plan to close to the 18 acres proposed. He also stated that the quality of the amenities within the park would be more than the comprehensive plan called for. These include gazebos,pools, and trails. Mr. Betz stated that Paul Taylor Builders had committed to build in the proposed development. Mr. Betz displayed some of the homes Paul Taylor Builders has built in other areas. Most of the homes displayed were 3,000 to 3,500 sq. ft. Two amenity centers will be included along with a park and gazebo area. The plan now calls for 35% of the lots to be greater in size than 10,000 sq. ft.,with 10%of that number being 12,000 sq. ft. and the remainder(65%)would not be less than 8,500 sq.ft. A typical lot would be seventy one(71)ft. wide by one hundred twenty(120)ft. deep. Council Discussion Mayor Mondy asked Mr. Betz to define average home size. Mr.Betz stated that it was an overall average of home size within the development at build out. The Mayor then asked Mr. Betz how difficult that is to manage. Mr. Thompson stated that there were some developments using this theory. He stated that the Building and Planning departments would be responsible for management of these averages. Mayor Mondy asked if the examples of homes shown tonight were 3,000 to 3,500 sq. ft. why he couldn't move the proposal to 3,000 sq. ft. minimums. Mr. Betz stated that the builder needed the margin to attract all classes of buyers. Dick Skorburg representing Skorburg Company address council stating that his company did not mind pushing the minimums up but added, what happens, if they are pushed too high, the attraction to builders is decreased and the properties do not sell as quickly. Councilman Newsom asked Mr. Skorburg how many projects his company had in progress. Mr. Skorburg replied that they had around 16 projects going on at this time. Councilman Newsom then asked how many of those 16 had 1,900 sq.ft. minimums. Mr. Skorburg stated that most all of the projects had this minimum. Councilman Newsom commented that he had seen some of the projects and stated that they were very nice projects. He then stated that he wanted to see some of these, larger home minimum projects, done in Wylie. Public Comments Nancy Hansen residing at 806 Meadow, Wylie, Texas(Wylie ETJ) addressed council stating that she did not hear Mr. Thompson nor Mr. Betz say anything about tying in Highridge Road (private property road). Mr. Betz's conversation earlier had alluded to this and she wanted to make sure this was written in the PD. She went on to explain that the reason for this was that this road was in constant need of repair and if the PD was approved it was important to residents that the road be included. Ms. Hansen also commented that she was not in favor of any front garages no matter how many garages were attached to the home. She commented she would like to see larger lots and larger homes than the proposal called for. Brent Bates residing at 1340 E. F.M. 544 addressed council reiterated some of the same issues that council had discussed earlier. Mr. Bates stated he would like to see every addition to the original plan be in writing and not inferred.The size of the dwelling and the quality of the dwelling mean more to me than the lot size. Mr. Bates felt there were enough starter homes in Wylie and what was needed were higher end homes. Marvin Fuller residing at 355 Donna, Wylie, Texas addressed council asking if Wylie was ready for this development at this time, considering infrastructure needs for this development. He also stated that he wanted to see larger homes and lots as part of the overall zoning requirements for Wylie's Comprehensive Plan. He again stated that consideration needed to be taken with reference to infrastructure for this development. Minutes—October 26,2004 Wylie City Council Page 3 Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to deny Zoning Case #2004-19. A vote was taken and passed 7-0. 2. Review and Accept Amendments to the City of Wylie Library Advisory Board Bylaws. Executive Summary Library Director Ms. Morse addressed council stating that a copy of the bylaws that were approved by the Library Advisory Board on October 11, 2004 had been attached to the agenda item which is before council. The changes are bolded in the proposed bylaws and are: Article III. Section 1. The officers will be chairperson and vice-chairperson. The position of secretary was deleted since staff serves as a secretary. Article VI Section 1 Board member shall be sworn in within 15 days of appointment or considered resigned. Article Vl 1 Section 1 Bylaw changes will be distributed to board members 72 hours in advance rather than 10 days in advance. The Library Board recommends adopting changes to the bylaws. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to accept the amendments to the City of Wylie Library Advisory Board Bylaws. A vote was taken and passed 7-0. 3. Consider and Act upon filling the position of Library Board Member to replace Lexie Campbell for the unexpired term of June 2004 to June 2006. Staff Comments Library Director Ms. Morse addressed council stating that Council appointed Lexie Campbell to the Library Advisory Board on June 22,2004. Ms. Campbell has not been sworn in as a Library Advisory Board Member,and she has missed two meetings. Based on this, the Library Director sent a letter on September 24, 2004, to request that she notify staff within five (5) business days if she wanted to be sworn in and become a board member. To date, Ms. Campbell has not notified staff to make arrangements to be sworn in nor has she communicated to staff regarding the two meetings that were missed. Staff recommends the appointment of a new board member. Ms. Morse asked council if she could answer any questions. Council Action A motion was made by Councilman Young, seconded by Councilwoman Allen to approve the appointment of Mary H. Johnston as Library Board Member to fill the unexpired term of Lexie Campbell. A vote was taken and passed 7-0. 4. Consider and act upon approving Resolution No. 2004-24(R) declaring a public necessity for, and the public convenience will be served by, the taking, by acquisition or condemnation, of a sanitary sewer easement and four (4) temporary construction easements on the property owned by Larry Van Nelson and Wife Polly H. Nelson for a twenty five foot (25') sanitary sewer line, a twenty foot (20') temporary construction easement, a sixty foot (60') temporary construction easement, a two hundred eighty one square foot (281 sq. ft.) temporary Minutes—October 26,2004 Wylie City Council Page 4 ... construction easement and a six hundred seventeen square foot (617 sq. ft.) temporary construction easement located in the Richard D. Newman Survey, Abstract No. 660, Collin County, Texas and authorizing the City Manager or his designee and the law firm of Abernathy, Roeder, Boyd & Joplin, P.C. to do all things to effectuate the acquisition, by purchase or condemnation, of the easements. Executive Summary City Engineer Mr. Hoisted addressed council stating that the contractor for the North Texas Municipal Water District(NTMWD) is installing the gravity sewer lines necessary to connect the City's sewer system with the new Muddy Creek Regional Wastewater Treatment Plant. The northwest portion of the sewer line runs from the existing sewer lift station on SH 78 to the northwest corner of the Woodbridge Golf Course across the Nelson property. Mr. Hoisted explained that the city has been unable to reach an agreement with Mr. Nelson and the proposed resolution will authorize the City Manager or his designee to acquire the easement by purchase or condemnation. Council Discussion Mayor Mondy asked Mr.Hoisted if anyone had been in contact with the Nelsons. Mr.Hoisted stated that staff had on several occasions tried to contact Mr. Nelson but none of the requests were returned. Mr. Hoisted stated that a certified letter had been sent but no response had been received from Mr.and Mrs.Nelson. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve Resolution #2004-24(R) declaring a public necessity for, and the public convenience will be served by, the taking, .., by acquisition or condemnation, of a sanitary sewer easement and four (4) temporary construction easements on the property owned by Larry Van Nelson and Wife Polly H. Nelson for a twenty five foot (25') sanitary sewer line, a twenty foot (20') temporary construction easement, a sixty foot (60') temporary construction easement, a two hundred eighty one square foot (28 lsq.ft.) temporary construction easement and a six hundred seventeen square foot (617 sq. ft.) temporary construction easement located in the Richard D. Newman Survey, abstract No. 660, Collin County, Texas and authorizing the City Manager or his designee and the law firm of Abernathy, Roeder, Boyd & Joplin, P.C. to do all things to effectuate the acquisition, by purchase or condemnation, of the easements. A vote was taken and passed 7-0. There were no ordinances approved to read 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 t3; ,prip. A vote was t,?k d passed•\ John Mond yor ATTES SEAL r • Ca e Ehrlic tty Secretary Y•,• !y ........'' .,//11 E ;EX Minutes-OttoWr 26,2004 Wylie City Council Page 5