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06-10-2003 (City Council) Minutes MINUTES Wylie City Council Tuesday, June 10, 2003 — 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. with the following Council members present; Mayor Pro Tern Eric Hogue, Councilman Chris Trout, Councilman Merrill Young, Councilman J. C. Worley, Councilwoman Reta Allen, and Councilman Randal Shinn. The following staff members were present; City Manager,Buff Johnson; Assistant City Manager, Mindy Manson; Finance Director Brady Snellgrove; City Engineer, Chris Hoisted; Public Information Officer, Mark Witter; City Secretary,Carole Ehrlich,Administrative Assistant,Aimee Nemer, and Planning Director, Claude Thompson. ..::: .: ::CATICI� 8cPZGI�fJT!` 1��..E........................................................,.........:....:.::.:::::::.:.:,................................................................................... Mayor Pro Tern,Eric Hogue gave the invocation and Councilman J. C.Worley led the Pledge of Allegiance. ... .... :::. Mr. Gary Bowland, owner of the Ballard Street Café addressed the council. Mr. Bowland thanked the City and staff for their"Support of the Troops"over the past several months. . . . . ............... ... . ....... .. . .. .. . . CON SE T.AGEND .;;:<:>::: :::.:: :<: ede:under:>lhe::Co�nsent::Ag .:nda:€:areconsid d::to he::routine:b ,;the: €'....o cil and w...l be .:inners � ................................ :: :.:.....................................................................:. .. : � :::.::.�:..................:.............:.:.:....................... e::mofion:::::: 'here::: i l:not be Grate.discussion:;:of; se:;ite. s>::If::dis s o :::desire <that; ar :�te>�::.. ;11:::b. ::r ove :::fr:. mE.. :.:pnsent':.: .,�n+�a: d: :iyr:runsfd <�e .....:at�: .::::::::::: :..:.:�.:: : : d. �. :::the: ................. .....................................,....................................�.... . y A. Approval of the Minutes from the Regular Meeting of May 27, 2003 B. Consider and act upon the award of a contract for the construction of the Stoneybrook Alleys to Santos Construction in the amount of$287,482.30. C. Consider and act upon the award of a contract for the construction of the Newport Harbor Pump Station Additions to Cooper General Contractors in the amount of$112,600. Councilman Shinn asked that the following correction be made to Page 5, paragraph 2, of the May 27, 2003 minutes. The minutes should reflect that Councilman Shinn commented that he believed the City had the right to control the types of trees that were planted to eliminate any sewer or water line problems but if the homeowner choose not to plant a tree on his property,the homeowner had that right as well. With the above correction, Mayor Pro Tern Hogue made a motion, seconded by Councilwoman Allen to approve the consent agenda. A vote was taken and passed 7-0. Minutes—June 10,2003 Wylie City Council Page 1 1. Consider and adopt Ordinance#2003-11 establishing the Wylie Animal Shelter Advisory Board. Staff Comments Chief Butters addressed the Council stating that Chapter 823.005 of the Health and Safety Code require that the governing body of a municipality in which an animal shelter is located, appoint an advisory committee. The advisory committee must be composed of at least one licensed veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter, and one representative from an animal welfare organization. The advisory committee must also meet at least three times per year. Council Discussion Councilman Trout and Young were concerned about the requirement that a licensed veterinarian serve on the board. There was a question as to whether or not a licensed veterinarian was located in the City of Wylie. There was also some concern as to the terms of office for the board members. Ms. Manson stated that a state requirement would supercede the.home rule charter and if there was not a licensed veterinarian located in the City limits that a licensed veterinarian from an outlying area could be used. Mr. Johnson stated that once the board was established by the council, the terms and any other concerns could be addressed by Council and staff. Council Action Councilman Trout made a motion, seconded by Councilman Worley to approve Ordinance #2003-11 establishing the Wylie Animal Shelter Advisory Board with the ordinance corrected to clearly define the veterinarian residence requirements and the board member terms. A vote was taken and passed 7-0. 2. Hold a Public Hearing to consider and act upon a change in zoning from Agricultural (A) to Planned Development (PD) District for Village Center Mixed Residential and Nonresidential Uses, generally located east of County Road 389 (Forrest Ross Road) and south of Skyview Drive and north of Kansas City Southern Railroad,being all of that certain 94.16 acre tract as described in a deed to Arapaho East, Inc. recorded in Vol. 5108, Page 1984, and being all of that certain 49.247 acre tract as described in a deed to Arapaho East, Inc. recorded in Vol. 4242, Page 1505, Deed Records of Collin County, Texas, except for those certain called 16.48 and 5.5 acre tracts conveyed to Kansas City Southern Railroad in October 1998, and being in total a 121.11 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County,Texas. (Zoning Case 2003-03) Staff Comments Mr. Claude Thompson addressed the Council stating that the applicant is requesting rezoning of the subject property in order to permit a master planned multi-use community, comprising of single family residential neighborhoods of varied densities and building types, retail uses and public open spaces. The proposal is intended to create a viable Village Center concept as defined by the Comprehensive Plan and through coordinated planning and design, better address several development constraints of the property and take advantage of its Lake Lavon adjacency. Public comment forms were mailed to(12)property owners within 200 feet of the proposed area and no property owners responded to the proposed zone change. At the May 20, 2003 Planning and Zoning Commission Minutes—June 10,2003 Wylie City Council Page 2 meeting, the Commission voted 3-2 to recommend approval of the proposed zoning change with stipulations that future Development Plans reflect more natural amenities and the interior properties reflect stronger relationship to the lake. The Park Board has reviewed the PD concept of utilizing Federal lands as open space and the Board recommended against the City of Wylie leasing such lands (as Corps lands can be used for low impact, passive recreation only) and not connecting the residences to these lands with trails. The Board further recommended against the planned dedication of lands near the retail center and recommends funds in lieu of land. Consultant/Developer Allen Bussell of Greg Edwards Engineering Services representing Arapaho East Inc. addressed the Council stating that he was proposing a Village Center neighborhood concept with 4 lanes of Park Boulevard, tree-lined streets with wide walk-able sidewalks connecting neighbor to neighbor. The lots would be smaller around the Village Center to larger lots extending further out from the Center. There would be a trail system connecting families to the park and neighborhood services. Infrastructure would be provided for water, sewer, and streets including Park Boulevard (Arterial) and Skyview (Arterial), with accessibility to Lake Lavon. Mr. Bussell opened the floor for questions. Council Discussion Councilman Trout inquired about the construction of trails. Mr. Bussell commented that they planned to keep the landscape as natural as possible. Councilman Trout asked if the development would have any amenity centers. Mr. Bussell stated that there would not be any amenity centers per say other than the Village Retail Center, but there would be open space with trails. Councilman Trout stated that developers typically request Planned Development zoning when the proposed development does not meet the City's established zoning.He stated that developers who request this zoning usually offer additional amenities to the community in lieu of meeting requirements. Mr. Bussell stated that the proposed plan does address open space with trails and the Village Retail Center. Mayor Mondy asked if there was a terrain limitation requiring the smaller lot size. Mr. Bussell stated that the reason for the small lots around the Village Retail Center were because it was a strange shaped property. Councilman Worley commented that he had concerns with the 1,000 square foot home size and the 15 foot front yard on the 4,000 square foot lots. Public Comments Mayor Mondy opened the public hearing. There was no one present to address the council. Mayor Mondy closed the pubic hearing. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Hogue to deny the Zoning change from (A) Agriculture to(PD)Planned Development. A vote was taken and passed 7-0. 3. Hold a Public Hearing to consider and act upon a change in zoning from Downtown Historic District (DTH) to Planned Development (PD) District for Mixed Uses including Indoor Commercial Amusements, located at 110 E. Oak Street, being Lot 7A, Block 18 of the Railroad Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-04) Minutes—June 10,2003 Wylie City Council Page 3 4. Consider and act upon acceptance of the Comprehensive Annual Financial Report after presentation by the audit firm of Pattillo,Brown&Hill Staff Comments Mr. Ron Hutchison addressed the Council. Mr. Hutchison presented the Comprehensive Annual Financial Report (CAFR)for the fiscal year which ended September 30, 2002, including the Independent Auditors' Report from the outside audit firm,Pattillo,Brown&Hill. He introduced Mr. Jim Curry from the audit firm to briefly discuss some of the year's highlights and answer questions the City Council may have regarding the report. Consultant/Auditor Comments Mr. Curry thanked the council for the opportunity to address the CAFR for Fiscal Year 2001-2002. Mr. Curry stated that the financial statements were the responsibility of the City of Wylie, Texas' management. The responsibility of Pattillo, Brown &Hill, was to express an opinion based on the financial statements provided. He stated that the audit was conducted in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. In the opinion of Pattillo, Brown&Hill,the financial position of the City of Wylie,Texas,as of September 30,2002 and the results of its operations and the cash flows of its proprietary fund types for the year then ended conforms to the excellence required to qualify for the Certificate of Achievement for the fourteenth consecutive year and will so submit to GFOA for their consideration. Council Discussion Mayor Mondy addressed the Home Rule Charter in reference to the hiring of the City Engineer by the City Council. He asked if the Home Rule Charter stated that the City Manager, City Attorney, Municipal Judge, and the City Engineer were positions hired by the City Council, then should the City Engineer be mention on page 4, paragraph 3 of the CAFR or should the Home Rule Charter be amended. Council Young commented that the Home Rule Charter stated that the City Council, in consultation with the City Manager shall appoint a competent, duly qualified, registered and practicing professional engineer in the State of Texas who shall serve as city engineer. Mayor Mondy requested a breakdown on the 915 jobs reported under WEDC during the development of Premier Business Park reported on page 5, paragraph 1. The mayor requested a breakdown on the number of new or retained jobs. Council Action A motion was made by Councilman Trout, seconded by Councilman Young to accept the 2001-2002 Comprehensive Annual Financial Report. A vote was taken and passed 7-0. < ::: : :;: ;::�DRDIl�T:ill✓�:.<: ..............................::.::::::::::::::::::............................................:::::.�:.:::.:................................:::.:::.:::::::::::::::::::::. :'t��'Y�)EEC;���'�'`;; � >�`1<`EI�>.::::::::.�::.:�:::::::::::::::.>:.�...'.............................................................. City Secretary, Carole Ehrlich read the caption to Ordinance No. 2003-11 into the record. ORDINANCE NO. NO.2003-11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING THE WYLIE ANIMAL SHELTER ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF ITS MEMBERS AND THE METHOD OF FILLING VACANCIES; PROVIDING FOR THE QUALIFICATIONS OF ITS MEMBERS; DEFINING A QUORUM AND VOTING REQUIREMENTS; PROVIDING FOR THE DESIGNATION OF OFFICERS; PROVIDING FOR THE POWERS AND DUTIES OF THE ADVISORY BOARD;AND PROVIDING Minutes—June 10,2003 Wylie City Council Page 5 A motion was made by Mayor Pro Tern Hogue, seconded by Councilwoman Allen to adjourn the meeting at 7:01 p.m. A vote was taken and passed 7-0. Eric Hogue or Pro Tem ATTEST: Carole Ehrlich, i y Secretary Minutes—June 10,2003 Wylie City Council Page 6