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06-24-2003 (City Council) Minutes MINUTES Wylie City Council Tuesday, June 24, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor Pro Tern Hogue called the meeting to order at 6:00 p.m. with the following Council Members present: Councilwoman Reta Allen, Councilman Merrill Young, Councilman Shinn, Councilman Worley, Councilman Trout,and Mayor John Mondy absent. The following staff members were present: City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Police Chief, Jeff Butters; Park Superintendent, Bill Nelson, Planning & Zoning Director, Claude Thompson; Finance Director, Brady Snellgrove; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. . :'>+�l3CA`t`f .1�:�' ' .><`Eln.. E::: :l�'::.A;f�Ll� t1�.......:...................................................:..:::.:::::::::::.:::.::.:::................................................... Reverend Chuck Hubbard of the Gloria dei Lutheran Church gave the invocation and Councilwoman Allen lead the Pledge of Allegiance. PR(11 :1 :' ��N '+�P> l�TA1'�+�3....r`...........................:.:.:..::.:::::::::::::.:..:::::.::.:::::.:..::::....................................................................... Anne Hiney with the Blackland Prairie Playground Foundation will present a proposal for Community Built Playground Equipment. Anne and Bill Hiney were introduced by Mayor Pro Tem Hogue. Mr. Hiney presented the Blackland Prairie Playground Foundation and some of the playground projects both underway and completed in Texas. Mr. Hiney explained that the goal of the foundation was to unite and strengthen the community by utilizing volunteer labor to purchase and construct a playground site that could be utilized by the entire city. Mr. Hiney explained to the council that these community built playgrounds were very individual to each community and the volunteers along with the city and other organizations provide the services needed to complete the project. Mr.Hiney commented that the city could donate in kind services, land, or equipment as their portion of the project. Organizations involved in the project would have fund raisers to acquire revenue for the project. He explained that there were Federal and State funds that could also be applied for that are set aside for such programs and projects. Mr. Hiney displayed several completed playgrounds in outlying areas and explained the differences that made each playground unique to that community. He explained that there were three phases to this project, the design phase, the organization phase, and the construction phase. Once the project was complete, volunteers provided by the foundation could maintain the playground. The foundation at that point would turn the playground over to the City. Mr. Hiney closed the presentation by stating that he was very excited to begin the project for the City of Wylie. There was no one present to address the council. Minutes—June 24,2003 Wylie City Council Page 1 ifloutaire t��� ♦��:: >h" ;tlr >ar :coB�tertt::Et<1 :: ufe#y; k :: iy:: ; ;;::::;:>::>:;:::><>::>:»::: cr mat s'ens►Dyed::fram:t ::�`oa �<�S. ::.,:::�� < :: :.:::::::::.:::::::::.:::. :::.,,:::. '.:;:.;:::::::<::«.::,::««:<.:.�::::::.::::::::::::::::::..::.�::..�:.:::.:........................ A. Approval of the Minutes from the Regular Meeting of June 10,2003 B. Consider and act upon a Final Plat for the Birmingham Farms Phase 14A and including a Replat of Lots 15-23, Block J, Birmingham Farms Phase 2A, being a certain 46.395 acre tract of land generally located south of the proposed Park Boulevard extension and east of Country Club Road (F.M. 1378), and including all of Lots 15-23, Block J of Birmingham Farms Phase 2A, a erecorded in Cabinet N, Page 887 of the Plat Records of Collin County, Texas (PRCCT), and being situated in the Mercer Phalen Survey,Abstract No. 695,the D.W. Williams Survey, Abstract No. 1021, and the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. C. Consider and act upon a Final Plat for the Birmingham Farms Phase 14B, being a certain 34.488 acre tract of land generally located south of the proposed Park Boulevard extension and east of Country Club Road (F.M. 1378), and being situated in the Mercer Phalen Survey, Abstract No. 695 and the D.W. Williams Survey, Abstract No. 1021, City of Wylie, Collin County,Texas. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve the consent agenda. A vote was taken and passed 6-0. 7rIVIDUAL C NSU ERATIO 1. Hold a Public Hearing to consider and act upon a change in zoning for a Special Use Permit (SUP) for Minor Vehicular (Boat) Repair within a Neighborhood Services (NS) District, located at 650 Country Club Road (F.M. 1378), being all of that certain 1.00 acre tract as described in a deed to Ronald J. Johnson, recorded in County Clerk's File No. 02-0077388, Deed Records of Collin County, Texas (DRCCT), and being part of a certain called 14.497 acre tract of land conveyed to Novid Properties, Inc., recorded in County Clerk's File No. 96-0076788, and being situated in the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. (Zoning Case 2003-05) Staff Comments Mr. Claude Thompson addressed the Council on this item. He stated that the applicant is requesting a Special Use Permit *(SUP) to operate a Minor Vehicle Repair (boats only) in a vacant retail building. The subject property was previously occupied by the Walker/Roper Fence Company, and is one acre in size. The building is approximately 4,560 sq. ft. faced with masonry on the street front and metal on the sides, as well as associated concrete parking and fenced open space which is partially paved and partially gravel. Plans are to utilize the building for minor repairs of boats and any boat parking and short-term storage will be behind the screen fence. The property has never been plated into an official lot of record. The applicant is aware that the property must be platted prior to issuance of Certificate of Occupancy. At the June 3, 2003 Planning and Zoning meeting,the Commission voted 4-0 to recommend approval of the proposed zoning change with the following stipulations: 1. Masonry enclosure for dumpster to match the building masonry; 2. Landscaping to meet the current code; 3. 4 foot high wainscot of brick with accent Minutes—June 24,2003 Wylie City Council Page 2 to match existing building facade on the south side of the building. Mr. Thompson commented that the applicant was not available for the Planning and Zoning Meeting held on June 3, 2003 nor was he present tonight and that staff had not been able to contact him to confirm that he would abide by the stipulations not yet addressed. Staff Discussion Mr. Biff Johnson asked Mr. Thompson what the ramifications would be if the Council approved the Zoning Ordinance and the applicant did not complete all stipulations required both by current zoning requirements and the stipulations set forth by the Planning and Zoning Board pertinent to this zoning issue. Mr. Thompson stated that the permit would be issued but upon final inspection of the property by the building inspector, a Certificate of Occupancy would not be issued and the property would revert back to the base zoning. Council Discussion Councilman Trout asked Mr. Thompson if there had been a Telecommunications company in this building. Mr. Thompson replied that to the best of his research, the only company occupying the building was a fence company. Councilman Trout asked then if any other type of business could be operated out of the building other than a Minor Boat Repair. Mr. Thompson said that only the Minor Boat Repair was approved in the Special Use Permit. Councilman Worley asked Mr. Thompson if the proposed plat had addressed drainage to outlying areas. Mr.Thompson stated that the plat had already been cut out to address those areas to the east and south of the property. Mr.Thompson also stated that the property had been used for this in the past. Councilman Young asked Mr. Thompson about whether or not the resins would be an issue and who would monitor the waste removal. Mr. Biff Johnson stated that the City per se would not monitor this but the Fire Department would be doing general inspections and would address any problems that arise. Mr. Johnson also stated that because the business was a minor boat repair, that resin would not be an issue. Councilman Young also asked Mr. Thompson about outside storage and how close this would be to a residential area. Mr.Thompson stated that the closest residential area was separated by the creek. Mayor Pro Tem Hogue opened the Public Hearing asking any citizen desiring to address the council to come forward. No one was present to address the council. Mayor Pro Tern Hogue closed the Public Hearing. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve Ordinance #2003-12 allowing a Special Use Permit for a Minor Boat Repair with all three Planning and Zoning stipulations: 1. Masonry enclosure for dumpster to match the building masonry; 2. Landscaping to meet the current code; and 3. Four foot high wainscot of brick with accent to match existing building facade on the south side of the building met. A vote was taken and passed 5-1 with Councilman Young voting against. 2. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) and Townhouse (TH)to Planned Development (PD) District for Residential Uses,generally located west of Westgate Way and north of F.M. 544, being all of a certain 53.6 acre tract of land being comprised of parcels of land deeded to Wylie Realty Investments,L.L.C., recorded in Volume 5042, Page 2944 and in Volume 5007, Page 2266, and Tract 1 deeded to L.M.B. Partnership, Ltd. Minutes—June 24,2003 Wylie City Council Page 3 recorded in Volume 5159, Page 3104 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas. (Zoning Case 2003-06) Staff Comments The applicant is requesting rezoning of the subject property in order to permit development of a single- family detached residential neighborhood. The proposal is intended to continue the residential patterns established by the Westgate neighborhood to the north and the townhouse and apartment developments to the east, and to better address the property's adverse adjacency to the active railroad corridor. The Proposed Planned Development District includes a total of 53.6 acres of land, and is currently being consolidated under single ownership. At the June 3, 2003 Planning and Zoning Commission meeting,the Commission voted 4-0 to recommend approval of the proposed zoning change with some stipulations. Council Discussion Councilman Trout asked Mr. Thompson if other developments along 544 and the railroad tracks had Home Owner Association's that took care of their buffer zones. Mr.Thompson stated that yes they did along with other issues such as mosquito control and flood issues. Councilman Young asked Mr. Thompson to review the units-per acre. Mr. Thompson stated that there would be a 3.75 overall density and no more than 200 units built which is less than the 255 maximum units that would be allowed according to the Planned Development District Zoning. Councilman Young asked if it was more expensive for the City to maintain townhouses opposed to residential property. Mr. Johnson stated that there were arguments for and against the cost issues. He stated that on low density property there were higher revenues from water and sewer but in some cases it was more costly to maintain those lines. Mr. Thompson stated that the question the council was presented with applied to the comprehensive plan and our fiduciary responsibility is to deny requests that do not follow that plan but because of the density of the planned development, the Planning & Zoning Board felt it was in the best interest of the city to go forward with this zoning change. Councilman Worley asked Mr. Thompson about the monitoring of the 100% masonry on units backing Westgate Way. Mr. Thompson stated that building officials would monitor these areas for compliance. Applicant/Developer Comments Mr. Rob Adams representing Adam's Development & Engineering and Legacy Homes addressed the Council. Mr. Adams stated that Legacy Homes had been a part of the Planned Development of the City of Wylie for several years now with a distinguished reputation for the quality of their homes. He stated that the issue of low density with concern to town home units conformed to the existing Planned Development (PD) due to the existing developments. Mr. Adams requested that the open space be dedicated as park land and not maintained by the HOA. Mr.Adams opened the floor for questions. Councilman Young asked Mr. Adams for clarification on the point system and repeat of elevation. Mr. Adams stated that the point system was in line with the PD. Councilman Young then asked Mr. Adams what the city was receiving for the zone change. Mr. Johnson asked council if they wanted to plan for the whole property or just the 15.5 acre town homes and wait on the 38 acres of Country Residential Development. He stated that the low density of the town homes was the receiving factor for the city. Minutes—June 24,2003 Wylie City Council Page 4 Councilman Worley asked Mr. Adams if Legacy Homes was the sole builder of the development. Mr. Adams stated that as far as he knew they were. Councilman Trout asked if the development met zoning code with 75% masonry and if there would be an HOA to maintain the land adjacent to the railroad track. Councilman Trout stated that his main concerns were that the smaller lots would accommodate the size homes proposed without going back to Zoning Board of Adjustments and could all the lots be utilized. Mr. Adams replied that the plan would accommodate the homes proposed and that all lots could be utilized and that they would meet all zoning requirements pertaining to masonry. Mayor Pro Tem opened the Public Hearing and asked any citizens wanting to address the council to come forward. There were no citizens present to address the council. Mayor Pro Tem Hogue closed the Public Hearing. Council Action A motion was made by Councilman Young, seconded by Councilwoman Allen to approve Ordinance #2003-13 to include the stipulations required by the Planning and Zoning Board and the Parks and Recreation Board. A vote was taken and passed 6-0. 3. Consider and act upon appointments to the Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Zoning Board of Adjustments and the Wylie Economic Development Corporation for those whose terms expire in July of 2003. Council Review Board Recommendations Councilman Young and Councilman Shinn presented recommendations for the appointment and reappointment of the 2003 Boards and Commission members as follows: Construction Code Board Mike Phillips, Steve Repasky, Frank Spingola and Jerry Coombs Library Board Pauline Akin, Shirley Burnett, Scott Ames,and Joe Murphy Parks &Recreation Board Daniel Chesnut,Ivan Holmes, and Larry Bowles Parks &Recreation 4B Board Shirley Burnett,Dan Chesnut,Anne Hiney,and Eric Hogue Planning&Zoning Board William Chapman, Michael George, M. G. Red Byboth, and Chris Seely to fill the unexpired term of Jeff Adamcik Wylie Economic Development Board Kevin St. John,John Yeager,and Merrill Young Zoning Board of Adjustments • Weldon Bullock, Randle Henry, and Linda Jourdan Council Action A motion was made by Councilman Young and Councilman Shinn,seconded by Councilman Worley to approve the recommendations of the 2003 Boards and Commissions for the City of Wylie as presented. A vote was taken and passed 6-0. Minutes—June 24,2003 Wylie City Council Page 5 ... Consider and act upon approval of a Park and Park Facilities Naming Policy and a Park Memorial Policy Board. Staff Comments Mr. Bill Nelson, Parks Superintendent addressed the council stating that currently the City has no formal policy for the naming of City Parks or the facilities such as fields and pavilions contained within the parks.The park locations generally take on the name of the subdivisions in which they are located. The Park and Recreation Board recommend the adoption of a more formal policy to facilitate the process for existing and future parks and park facilities. Council Discussion Councilman Young asked Mr. Nelson if it was necessary to approve formal policies through City Council Action or if this could be done within the board itself. Mr. Nelson stated that the intent of the council approval was to give the board some direction. Councilman Shinn stated that he felt these policies that Council was approving were guidelines from which the board could base future decisions. Councilwoman Allen asked Mr. Nelson why bronze markers were not included in the Park Memorial Policy as they can withstand adverse conditions better than granite. Mr.Nelson stated that it would not be a problem to include that in the Park Memorial Policy. __ Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve the Park and Park Facilities Naming Policy and the Park Memorial Policy with the addition of bronze markers to be included in the Park Memorial Policy. A vote was taken and passed 6-0 5. Consider and act upon a bid for the installation of an irrigation system in the Meadows of Birmingham Park. Staff Comments Mr. Bill Nelson, Park Superintendent addressed the council stating that competitive sealed bids had been solicited for the installation of an automatic irrigation system in the Meadows of Birmingham Park. The scope of the contract will provide for all materials, labor and equipment necessary to install the irrigation system on the 7.8 acre site. The bid invitation includes an alternate bid that would add bubblers to irrigate up to 48 trees in the park. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to accept the low bid of Canyon Creek Irrigation in the amount of$23,785.00. A vote was taken and passed 6-0. Other bids submitted were: New Deal Irrigation in the amount of $24,248.00, Turf-Scapes in the amount of $38,244.00,and America Landscape in the amount of$43.900.00. Minutes—June 24,2003 Wylie City Council Page 6 6. Consider and act upon a bid for the construction of concrete sidewalks in the Meadows of Birmingham Park. Staff Comments Mr. Bill Nelson addressed the council stating that competitive sealed bids had been solicited for the construction of concrete sidewalks in the Meadows of Birmingham Park.The scope of the contract will provide for all materials, labor and equipment necessary to construct 2,250 linear feet of 8 foot wide sidewalk in the park. Council Discussion Councilman Worley asked Mr. Nelson if all four companies received the same specification in the bid packets because of the wide range in the unit prices submitted for the work. He stated that when bids ranged so far apart, he was concerned. Mr. Johnson stated that he understood the concern but once the bids were opened, the companies were screened for workmanship and reliability and that the company submitting the low bid was a qualified company to complete the work. Council Action A motion was made by Councilman Trout, seconded by Councilman Shinn to approve the low bid of Scott Lucas Construction in the amount of $47,250.00. A vote was taken and passed 5-1 with Councilman Worley voting against. 7. Consider and act upon a Resolution modifying the boundary between the City of Wylie and the Wylie Northeast Water Supply. Staff Comments Ms. Mindy Manson addressed the council stating that both the City of Wylie and the Wylie Northeast Water Supply have established areas of jurisdiction for the provision of water service that were established several years ago. The jurisdictional boundaries are identified through the Certificates of Convenience and Necessity (CCN) which are filed with the State. A portion of the WNE jurisdiction falls within the Birmingham Farms Subdivision with a randomly straight line due to the development of that subdivision. Staff has met with representatives of WNE in order to establish a logical split between the jurisdictions that made sense in terms of both service delivery and the development process. Council Action A motion was made by Councilman Worley, seconded by Councilwoman Allen to approve Resolution #2003-11R modifying the boundary between the City of Wylie and the Wylie Northeast Water Supply. A vote was taken and passed 6-0. Minutes—June 24,2003 Wylie City Council Page 7 8. Consider and act upon the approval of a Resolution suspending the effective date of TXU Gas Distribution's requested rate changes. Staff Comments Ms Mindy Manson addressed the council stating that TXU Gas Distribution, a division of TXU Gas Company, filed a Statement of Intent to change gas rates in all municipalities within the TXU Gas Distribution System. With this filing, the company plans to consolidate the Pipeline and Distribution systems under a single set of rates. As with past rate filings, the City of Wylie has joined with area cities in a coalition in order to consolidate representation on rate cases and cost. Approval of Resolution #2003-12 R suspends the effective date of the proposed new rates, and consolidates the city with joint participation and authorizes intervention on behalf of the cities at the Railroad Commission. She also stated that the cost would be primarily paid by the larger cities which reserve funds for this purpose. Council Discussion Councilman Trout stated that in the past the same issue was addressed with the electric rates and that through the consolidation of representation process,the city ended up saving money once the case was resolved. Council Action A motion was made by Councilman Trout, seconded by Councilman Young to approve Resolution #2003-12 R suspending the effective date of TXU Gas Distribution's requested rate changes. A vote was taken and passed 6-0. N >IL AS .:. ><:<:. F:>: �:: .:: >.: :Tit.>;� :::>:1`)11tiE>»` « :::;; ........... Gta�...................... City Secretary, Carole Ehrlich read Ordinance#2003-12 &2003-13 into the record. Mayor Pro Tern Hogue recessed the meeting at 7:10 p.m. Mayor Pro Tern opened the Work Session at 7:20 p.m. Brief Work Session—Policy concerning presentation of materials at Public Hearings Mr. Biff Johnson asked council for some direction on a policy concerning presentation of materials by citizens at Public Hearings and on Posted Agenda Items. He stated that the Mayor had requested council to establish a policy for citizens presenting materials to council for not only practical purposes but for security as well. By requesting the information in advance,'it could be placed in the council agenda packets and reviewed with other pertinent materials Ms. Manson stated that after speaking with the attorney,his advice was to adopt a policy that required information prior to the meeting. His theory was that if it was important enough for the council to review than it should be submitted ahead of time and placed in the council packets. She stated that during the Citizen Participation portion of the meeting anyone could address the council on issues that were not on the agenda in compliance with the Open Meetings Act. Minutes—June 24,2003 Wylie City Council Page 8 Councilman Young stated that he felt all materials should first go through city staff and then forwarded to the council via the council packets and the request to submit materials should have clearly on it that it should be submitted to staff first. The consensus of the council was that the staff prepare a policy for their review at the next council meeting. Councilman Young addressed the issue of motions. He asked if after a motion was made and seconded, the City Secretary could repeat the motion allowing every councilmember to be clear on the motion before voting. The City Secretary agreed to the request. There was also council discussion pertaining to the rules and order of business during council meetings that will be addressed at a later date. A motion was made by Councilman Trout, seconded by Councilman Shinn to adjourn the meeting at 7:40 p.m. A vote was taken and passed 6-0. iI �‘011IIIJIIIfl l. \�y F I v y!.,���' J n Mondy, .aczar--) SE �� F_ y......... ATTEST: (.4; Carol a Ehr' h, ity Secretary Minutes—June 24,2003 Wylie City Council Page 9