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11-04-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, November 9, 2004 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North CALL TQ t? DR Mayor Pro Tern Eric Hogue called the meeting to order at 6:00 p.m. Council Members present were: Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, and Councilman J. C.Worley. Mayor John Mondy was out of town. Staffs present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. 1€N�O ATI 1i &P EI Cl ALLE0fANcE Councilman Young gave the invocation and Councilwoman Allen led the Pledge of Allegiance. P'ROCLA.MATlO1\ &P:RESENTATIONS • Presentation to Star Students for the character trait of"Respect". Mayor Pro Tern Hogue announced that the presentation of the Star Students for the character trait of "Respect"would be on the November 23, 2004 agenda due to a time issue with the six week period. CITI/FNS PAR l l C``IPATIQI I There was no one present to address council. CONSENT ACI�lI3A A1I matter listed d r of sen Agenda are onside d be routtn by tiles CIt C ou cil anti will be enacted;b one motion There not be separate discussion of the**.s Tf d ion is desired,that item will be r ove fi om 1 Consent Agenda and e con sidered separatCiy, A. Approval of the Minutes from the regular City Council Meeting of October 26, 2004. (C. Ehrlich, City Secretary) B. Consider and act upon a request to waive the alley requirement of the Subdivision Regulations. (C. Thompson,Planning&Zoning Director) C. Consider and act upon Ordinance #2004-36, amending section 74-2 (Smoking in Municipal Buildings) of the Wylie Code of Ordinances; providing for an effective date of this ordinance. (C. Ehrlich, City Secretary) D. Consider and act upon Ordinance #2004-37 establishing no parking areas on Foxwood Lane and Lanwood Drive and repealing Ordinance 2004-27. (M. Sferra, Community Development) Minutes—November 9,2004 Wylie City Council Page 1 E. Consider and act upon a Preliminary Plat for Birmingham Ranch Addition (C. Thompson, Planning &Zoning Director) F. Consider and act upon a Re-plat for Woodlake Village Addition. (C. Thompson, Planning & Zoning Director) G. Consider and act upon a Preliminary Plat for Watermark Estates Addition. (C. Thompson, Planning &Zoning Director) H. Consider and act upon the withdrawal, by the applicant, of the Final Plat for Wylie Lakes, Phase 1A & 1B. (C. Thompson,Planning&Zoning Director) I. Consider and act upon a Preliminary Plat for Akin Addition. (C. Thompson, Planning & Zoning Director) J. Consider and act upon a request from the Wylie Baseball Association to sell concessions at Community Park during their tournament the weekend of November 12-14, 2004. (R. Diaz, Parks Superintendent) K. Consider and act upon a request from the Moms Club of Wylie for a spaghetti dinner fundraiser at the Bart Peddicord Community Center on January 22, 2005. (R. Diaz, Parks Superintendent) L. Consider and act upon a request from the Blackland Prairie Playground Foundation to have "Spa Days" at the Bart Peddicord Community Center on January 8, 2005 and February 19, 2005. (R. Diaz,Parks Superintendent) Council Action Councilman Newsom asked that Items B, C, and E be removed from the Consent Agenda and considered individually. Councilman Trout requested Item I be removed from the Consent Agenda and considered individually. Mayor Pro Tem Hogue asked Council if there were any objections to these requests. Consensus of the council was to remove Items B, C, E,and I from the Consent Agenda. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve the Consent Agenda as presented for Items A, D, F, G, H, J, K, and L. A vote was taken and passed 6-0 with Mayor Mondy absent. IN ?I[ IDUAL CO NSIDgRATION B. Consider and act upon a request to waive the alley requirement of the Subdivision Regulations. (C. Thompson,Planning&Zoning Director) Planning and Zoning Director Thompson addressed council stating that the alley waiver was requested by the applicant. The proposed lots would have a minimum of 10,000 sq. ft. and it was noted by staff that there is currently no alleys on the abutting developments nor will the undeveloped property have alleys in the future. Mr. Thompson explained that the alleys would serve limited functions if required. He explained that there would be positive financial cost as the City would not be required to maintain the alleys. Minutes—November 9,2004 Wylie City Council Page 2 Mayor Pro Tem Hogue asked Mr.Thompson why this item was presented on the Consent Agenda. Mr.Thompson replied that the last three had been approved on consent. Mr. Thompson explained that alley waivers, in the past, were approved when lots proposed were 10,000 sq. ft. and above. Councilman Newsom asked if this proposal was Straight Zoning. Mr. Thompson stated that it was and a preliminary plat was also being presented this evening. Mayor Pro Tem Hogue asked if Country Ridge had 10,000 sq. ft. lots that included alleys. Mr. Thompson stated yes it did. Councilman Trout stated that there were developments in Wylie that had larger(10,000 sq. ft. mnimum lots) that had alleys. Councilman Newsom asked if council waived alleys, could swing garages be required. Mr. Thompson stated that was done in Planned Developments but could not be made a condition of Straight Zoning. Councilman Newsom then asked if the alley waiver could be denied. Mr. Thompson stated that council could deny the alley waiver along with the preliminary plat and the developer would come back with a final plat that would include alleys. Councilman Worley asked council if it was the opinion of staff and council to approve waivers of alleys in areas with larger lots, with the mindset of avoiding the city costs incurred with maintenance in the future. Councilman Trout stated he believed it was more aesthetically pleasing for a community to have alleys and avoid trash pick up and utilities in the front. Council Action A motion was made by Councilman Young, seconded by Councilman Worley to accept the waiver of the alley requirement for the Birmingham Ranch on behalf of the applicant. A vote was taken and failed 3-3 for lack of a majority vote with Councilman Young, Councilman Worley and Councilwoman Allen voting for and Councilman Newsom, Councilman Trout, and Mayor Pro Tem Hogue voting against. Mayor Mondy was absent. E. Consider and act upon a Preliminary Plat for Birmingham Ranch Addition (C. Thompson, Planning &Zoning Director) Council Action A motion was made by Councilman Young, seconded by Councilman Worley to approve a Preliminary Plat for the Birmingham Ranch addition. A vote was taken and failed 3-3 for lack of a majority vote with Councilman Young, Councilman Worley, and Councilwoman Allen voting for and Councilman Newsom, Councilman Trout,and Mayor Pro Tern Hogue voting against. Mayor Mondy was absent. C. Consider and act upon Ordinance #2004-36, amending section 74-2 (Smoking in Municipal Buildings) of the Wylie Code of Ordinances; providing for an effective date of this ordinance. (C. Ehrlich, City Secretary) Staff Comments City Manager Roath addressed council stating that Ordinance#2001-23, passed in May of 2001, prohibits the use of tobacco products and smoking in City facilities. The ordinance also authorized the City Manager to designate smoking areas for employees and the public. Verbiage used in the ordinance did not specifically specify any outdoor designation in and around the facilities; therefore it was the opinion of the City Attorney that an amendment be made to address outdoor designations in Section 74-2 of the Code of Ordinances and amend Ordinance#2001-23 to reflect those changes. Mr. Roath explained that he had appointed a panel to review possible locations for smoking designations. Mr. Roath stated that he had not taken any action on those recommendations pending tonight's meeting. He also commented that although there was no smoking in the facility, there was smoking currently outside the buildings which at this time staff has no control over. Minutes—November 9,2004 Wylie City Council Page 3 Council Discussion Councilman Worley asked Mr. Roath if the ordinance was approved tonight would he compile a policy with outside smoking areas. Mr. Roath replied, yes he would. Councilman Trout asked Mr. Roath how many of the panel members were smokers. Mr. Roath replied that he could not say, as that was not a stipulation of choosing the panel. He went on to explain that the panel did speak to all departments as to where they would suggest placing the smoking areas. Councilwoman Allen stated that she was not in favor of any type of tobacco on city premises either indoors or in the atrium. She also stated that she would not want to see designations anywhere that the public had to cross to enter or exit the buildings. Councilman Trout stated that he felt designating areas outside the buildings would be too restrictive. Mr. Roath reiterated again that the purpose for this amendment was to include outside areas and designate those areas which would be appropriate. Council Action A motion was made by Councilman Trout, seconded by Councilman Newsom to deny the approval of Ordinance #2004-36 amending Ordinance #2001-23 and designating certain indoor/outdoor smoking areas by the City Manager. A vote was taken and passed 5-1 with Councilwoman Allen, Councilman Trout, Councilman Newsom, Councilman Young, and Mayor Pro Tern Hogue voting for the motion and Councilman Worley voting against the motion, with Mayor Mondy absent. I. Consider and act upon a Preliminary Plat for Akin Addition. (C. Thompson, Planning & Zoning Director) Staff Discussion Planning and Zoning Director Thompson addressed council stating that this Preliminary Plat will create 6 single- family residential lots and 1 lot for the existing elementary school. The Plat complies with the Subdivision Regulations and all pertinent code requirements of the City of Wylie. Mr. Thompson stated that an alley waiver had been granted on this plat at a previous meeting and all residential lots would be a minimum of 10,000 sq. ft. Council Discussion Councilman Trout stated that he felt the waiver of the alleys should not have been granted in the first place. Mr. Thompson stated that there were no alleys in the abutting developments. Councilman Trout stated that he was not in favor of waiving alleys due to traffic problems in areas that currently have no alleys. Councilman Worley asked if it was not the opinion of council, in the past,to allow alley waivers for lots that would be a minimum of 10,000 sq. ft. Mr. Thompson stated that staff does not encourage alleys for lots of 10,000 sq. ft and larger because all functions of alleys are accomplished by other measures and in the past,council has supported that opinion. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve the Preliminary Plat for the Akin Addition. A vote was taken and passed 4-2 with Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Worley, and Councilman Young voting for and Councilman Newsom and Councilman Trout voting against. Mayor Mondy was absent. Mayor Pro Tern Hogue asked for a 10 minute recess at 6:45 p.m. Mayor Pro Tern Hogue reconvened the meeting at 6:55 p.m. Public Hearing Minutes—November 9,2004 Wylie City Council Page 4 1. 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. (M. Manson,Assistant City Manager) Staff Comments Assistant City Manager Manson addressed council stating that this annexation is at the request of the property owners. She explained that 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 hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings October 27,2004 First Public Hearing November 9, 2004 Second Public Hearing November 23, 2004 Adoption of Ordinance December 14, 2004 Public Hearing Mayor Pro Tem Hogue opened the public hearing at 6:56 p.m. asking anyone wishing to address council to come forward and limit their comments to three minutes. With no one present to address council, Mayor Pro Tem Hogue closed the Public Hearing at 6:57 p.m. The second public hearing on this annexation will be held on November, 23 2004 with the proposed ordinance approval set for the December 14, 2004 meeting. 2. Consider and act upon an Agreement for the provision of Wastewater Services to a 4.68 tract outside the City of Wylie jurisdiction. (M. Manson,Assistant City Manager) Staff Comments Assistant City Manager Manson addressed council stating that the developers of a 19.4 acre tract of land in Rockwall County have requested City of Wylie wastewater services for a 4.68 portion of that tract which falls outside of Wylie's jurisdiction. The balance of the property inside Wylie City limits received zoning approval on September 14, 2004 for a residential development. Ms Manson explained that what makes this request different from others that have requested wastewater services outside the City Limits is that the 4.68 acres was released from the jurisdiction and ETJ of the City of Rowlett and does not fall into any municipal jurisdiction at this time. A 15% surcharge would be added to the fees per the Wylie code. Ms. Manson stated she would be happy to answer any questions. Council Discussion Councilman Trout asked Ms. Manson what effect the issue Garland is working in regards to their city limits would impact this agreement. Ms. Manson stated that there would always be issues with surrounding municipalities as long as the 100 foot strip of land was there. She reiterated that Rowlett did remove it from their jurisdiction with the intent that Wylie would service the area. Councilman Trout stated that he felt the 100 foot strip was not in Garland's easement for power lines and felt that the City of Garland could relinquish rights to the 100 feet and still have room for their power lines. Ms. Manson concurred. She stated that the developers could possibly negotiate this with the City of Garland and then at some point Wylie could readjust their limits. Developer Comments Minutes—November 9,2004 Wylie City Council Page 5 Councilman Newsom asked the applicant/developer Harry James residing at 1771 International Parkway, Suite 127, Richardson Texas 75081, what he intended to build on the 4.68 acres in question. Mr. James stated that the company intended to increase the value of the lots over the current value of$150,000. in this development that was just approved by Council. He went on to explain that he and his associates were very concerned as to what was built in this area. Mr. James commented that the company was more than willing to agree to annexation of this property to the City of Wylie if requested to do so. Council Action A motion was made by Councilman Worley, seconded by Councilman Newsom to approve an Agreement for the provision of Wastewater Services to a 4.68 tract outside the City of Wylie jurisdiction between The City of Wylie and W. M. Watermark. A vote was taken and passed 4-2 with Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Worley, and Councilman Newsom voting for and Councilman Young and Councilman Trout voting against. Mayor Mondy was absent. READING OE oRDINA.NCES TITLE CAPTION APPROVED B ' COUNCIL A REQUIRED Y' LIE CITY Ht R `E tx ARTICLE Ill,SEC IOI 13-l3 City Secretary Carole Ehrlich read the caption of Ordinance#2004-37 into the official record. ADJOIE RN11 ENT` !! A motion was made by Councilman Young, seconded by Councilman Newsom to adjourn the meeting at 7:01 p.m. A vote was taken and passed 6-0 with Mayor Mondy absent. Jo Mondy, yor oF w y, ` �• ../ •\ • ATTEST / _ S A et=L • �alo ' Carole Ehrlich,city Secretary -1,, rj ....• .. ‘-�`� Minutes—November 9,2004 Wylie City Council Page 6