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08-26-2003 (City Council) Minutes MINUTES Wylie City Council Tuesday, August 26, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North ALL T4€3R.DER The meeting was called to order by Mayor John Mondy at 6:05 p.m. with the following council members present: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman J. C. Worley, Councilman Merrill Young, and Councilman Randal Shinn. The following staff members present were; City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Hoisted; Planning and Zoning Director, Claude Thompson, Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich. Y VOcATTON &PLEDGE OF AL1, TAN The invocation was given by Mayor Pro Tern Eric Hogue and Councilman Young led the Pledge of Allegiance. 'ROLL TION & PRESENTATION • A Presentation by Judge Barris of Collin County Projects and Activities. Judge Ron Hams of Collin County gave a presentation on upcoming projects and activities the county will be involved in. Some of the highlights were issues dealing with transportation, air quality, and homeland security. These projects will benefit all cities in Collin County. CITIZENS PARTICIPATION There was no one present to address the council. CONSENT z4�O A All matters listed under the+Conisent Agenda are considered to be routine by thol cil and,will be enacted b one motion There will not se gate discussion of these:items. If disc iss is desired, that item will be Y J removed from the Consent Agendaans will be considered separate ' .... .: A. Approval of the Minutes from the Regular Meeting of August 12,2003 B. Consider and act upon authorizing the City Manager to execute and award an addendum to the Impact Fee contract to Birkhoff,Hendricks, &Conway, L.L.P., Consulting Engineers, in the amount of$12,000 for engineering services required to prepare a new Water Distribution System Model. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman J. C. Worley to approve the consent agenda as presented. A vote was taken and passed 7-0. Minutes—8-26-03 Wylie City Council Page 1 1N"A f O CDl`1S 1E IP8VON _' 1. Consider and act upon an ordinance to increase water utility rates sufficient to pass through the wholesale price increase from the North Texas Municipal Water District. Staff Comments Mr. Brady Snellgrove addressed council stating that the City of Wylie currently purchases water from the North Texas Municipal Water District (NTMWD) at$.87 per thousand gallons. NTMWD notified the City on July 26, 2003 that the rate would be increased to$.92 per thousand effective on October 1. 2003. The proposed increase to water fees would be the same amount as the North Texas Municipal Water District is charging the City of Wylie. Council Discussion Councilman Young asked Mr. Snellgrove if the additional pass through charges from NTMWD was to build capitol investment for other cities to come online. Mr. Biff Johnson commented that the pass through charges were used to maintain the level of service the City of Wylie has as well as expand that level of service. He stated that one thing the NTMWD does is make sure that those costs and revenues associated with a city stay with that city and not get disbursed out to any other use. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve Ordinance#2003-17 increasing utility rates sufficient to pass through the whole sale price increase from the North Texas Municipal Water District. A vote was taken and passed 6-1 with Councilman Young voting against. Public Hearings 2. Conduct a public hearing on the proposed tax rate for fiscal year 2003-2004 and provide taxpayers an opportunity to express their views on the tax rate. At the end of the hearing,the City Council must set and announce the date, time and place of the meeting at which it will vote on the final proposed tax rate. Staff Comments Mr. Brady Snellgrove addressed council stating in accordance with the"Truth in Taxation" laws of the State of Texas,on August 12, 2003,the City Council took a roll call vote on the proposed tax rate and scheduled a public hearing on the tax rate for August 26, 2003. The results of the recorded vote on the proposed tax rate and the notice of the public hearing were published. This public hearing has been advertised in compliance with the publication requirements set forth in the Truth in Taxation Law. The August 26, 2003 public hearing is to give taxpayers an opportunity to express their views on the tax rate. At the end of the public hearing Council must set and announce the date, time and place of the meeting at which it will vote on the final proposed tax rate. The second public hearing and vote on the tax rate is set for September 9, 2003. Public Hearing Mayor Mondy opened the public hearing. There was no one present to address the council. Minutes—8-26-03 Wylie City Council Page 2 Mayor Mondy closed the public hearing. Councilman Trout commented that the City of Wylie was once again for the third year reducing the tax rate to the citizens of Wylie. The second public hearing and vote on the tax rate is set for September 9, 2003 at the Regular City Council meeting at 6:00 p.m. in the Council Chambers 3. Hold a Public Hearing to consider and act upon a change in zoning from Business Center (BC) to Planned Development (PD)District for a restaurant with drive through service, located at 1301 Century Way, being Lot 1, Block C of the Century Business Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-09) Staff Comments Mr. Claude Thompson, Planning and Zoning Director addressed council stating that the applicant is requesting rezoning to a Planned Development (PD) District in order to allow construction and operation of a restaurant with drive through services. The applicant contends that drive-through services are an integral part of the restaurant's services and its success. The subject property is currently zoned Business Center(BC)District. The purpose of the BC District is to provide for a broad mix of office, technology and light industrial and related business support uses as a regional employment center. Restaurants without drive-in or drive-through service are allowed within the Business Center District, but restaurants with such drive-through service are not allowed. At the August 5, 2003 Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of the proposed zoning change. Public Comment Forms were mailed to fifteen (15) property owners within 200 feet of this request. Four Comment Forms have been returned at the time of posting, two favoring and two opposing the proposed rezoning. Councilman Trout asked Mr. Thompson if the zoning ordinance addressed those restaurants that required a drive through window but were a full service sit down restaurant for 80% of their business. Mr. Thompson stated that the zoning for Business Center District was not clear on that issue and perhaps the city at some point might re-visit that issue. Developer Comments Mr. Roland Dickey was present to address council. Mr. Dickey stated that the proposed restaurant site would be attractive and good for Wylie. He mentioned that only 20%of total business would be conducted thru the drive-through window but this feature was still an integral part of the total restaurant. Mr. Dickey stated that the restaurant would close at 8:00 p.m. each night. After a presentation of slides showing the various restaurants currently open in outlaying areas, Mr. Dickey opened the floor for questions. Council Discussion Councilman Worley asked Mr. Dickey of the 4,200 square feet,how many square feet of dining area would be available. Mr. Dickey stated that 135 patrons could occupy the dining area at maximum capacity, however with two patrons seated at a four chair table it was unlikely that many would be seated at once. - Public Hearing Mayor Mondy opened the public hearing at 6:27 p.m. No one was present to address council. Minutes—8-26-03 Wylie City Council Page 3 - Mayor Mondy closed the public hearing at 6:28 p.m. Council Action Mayor Pro Tem Hogue made a motion, seconded by Councilman Worley to approve Ordinance #2003-19 approving a zoning change (Zoning Case #2003-09) from Business Center (BC) to Planned Development (PD) District for a restaurant with drive through service, located at 1301 Century Way. A vote was taken and passed 7-0. 4. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture(A)to Planned Development (PD) District for Mixed Residential and Non-residential 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 Volume 5108, Page 1984, and being all of that certain 49.247 acre tract as described in a deed to Arapaho East, Inc. recorded in Volume 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 2003-08) Staff Comments Planning &Zoning Director, Claude Thompson addressed council stating that the applicant is requesting rezoning of the subject property in order to permit a master planned multi-use community comprising single-family residential neighborhoods of varied densities and building types, retail uses and public open spaces. The entire 121 acres included within this Planned Development District are currently zoned Agriculture (A), which is generally a holding District until -M•- appropriate urban land uses are proposed. The property is undeveloped, except for several major underground water transmission lines within the proposed area. 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 as well as take advantage of its Lake Lavon adjacency. Mr. Thompson stated that the applicant had applied for a zoning change several months ago on the described property and has since addressed some of the concerns of council pertaining to increased density and comprehensive zoning ordinance issues. Public Comment Forms were mailed to twelve(12) property owners within 200 feet of this request. No Comment Forms have been returned at the time of posting. At the August 5, 2003 Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of the proposed zoning change. Staff also recommended approval. Mayor Mondy asked if the Wylie Northeast Water Supply Corporation had any issues with the development of this property. Mr. Thompson stated that no response had been received from Wylie Northeast Water Supply Corporation. The easements which would be dedicated as the parkland were submitted and Wylie Northeast Water Supply Corporation had shared with the city what kinds of developments can be placed there such as trails and soccer fields. Mayor Mondy then asked what guarantee the city had that those areas would be dedicated to parkland uses and can the Water District stop that from occurring. Mr. Thompson stated that he did not believe that was a problem at all. The developer has donated 5.5 acres for parkland and the Parks and Recreation Board has accepted that donation as dedicated parkland. Mr.Thompson stated that he believes that will alleviate any problems. Councilman Worley asked how many lots were originally proposed on the site. Mr. Thompson stated that the original figure was previously 352 units in a 152.4 acre area, which had been reduced to 293 units in a 116 acre area. Minutes—8-26-03 Wylie City Council Page 4 Developer Comments Mr. Allen Bussell of GEES, Inc. addressed council. Mr. Bussell stated that the moving of the Village Center to a location where you have residential on both sides makes a lot of sense and works well for this area with Park Blvd coming through. Everyone would still be within walking distance. There would be a couple of ponds in the park area for the community. The development will generate immediate revenue to the city along with water and sewer extensions that would be put in place. Using the Planned development concept would allow for a mixed use Village Center. Mr. Mark Stiles with K. B. Development addressed council stating that he believed the goal, this time around was to relocate the neighbor services and to come through Park Blvd. and jump start the Park Blvd. area. One of the biggest assets to Wylie that the development would do is to extend the sewer thru the railroad to the property that currently does not have sewer access. Also the proposed park development and open space walking trails would make a beautiful rustic approach to the north corner of Wylie. Public Hearing Mayor Mondy opened the public hearing at 6:53 p.m. Mayor Mondy closed the public hearing at 6:54 p.m. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve Ordinance#2003-18 allowing a change in zoning from Agriculture(A)to Planned Development(PD) District for Mixed Residential and Non-Residential Uses, (Zoning Case #2003-08) 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. A vote was taken and passed 7-0. Mayor Mondy asked for a short recess at 6:55 p.m. Mayor Mondy reconvened the meeting at 7:05 p.m. 5. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Single-Family 20/21 (SF-20/21), located west of FM 544 and south of the Stoneridge Farms Addition,being a 34.306 acre portion of the tract of land as described in a deed to William L. Collins recorded in Volume 309, Page 285, Deed Records of Collin County, Texas, situated in the A. Atterbury Survey, Abstract No. 23, City of Wylie, Collin County, Texas. (Zoning Case 2003-07) Staff Discussion Planning &Zoning Director, Mr. Claude Thompson addressed council stating that the subject property was annexed into the City of Wylie on July 9, 2002, and was then zoned Agriculture (A) until an appropriate permanent zoning classification is established. The applicant is requesting rezoning of the 34.306 acre tract to Single-Family Residential (SF 20/21) District in order to develop a subdivision of single-family residences on one-half acre lots consisting of 2100 sq. ft. homes. These lots still do not conform to the SF 20/21 specification of 1 acre minimum lot sizes. If the Council agrees with this contention, then the Comprehensive Plan and then the Zoning Ordinance should be immediately revised accordingly. Public Comment Forms were mailed to eighteen (18) property owners within 200 feet of this request. Six(6) Comment Forms have been returned at the time of posting, all opposing the request. Minutes—8-26-03 Wylie City Council Page 5 At the August 5, 2003 Planning and Zoning Commission meeting,the Commission voted 4-1 to recommend denial of the proposed zoning change as this does not comply with the Comprehensive Plan. Staff recommendation was also to deny. Developer Comments Mr. Harry James representing Realty Development Trust addressed council. He stated that it was his contention that based on surveys done by his firm, the population interested and able to afford the homes in the proposed area would be retirement age and those with grown children. He contended that this segment of the home buyers would prefer a smaller square foot home like those proposed with a large lot size. He stated that with the cost of these lots, the company would find it hard to acquire builders that would build larger square foot homes or homes of 2,100 square feet on 1 acre lots because of the high cost sale value. He stated that he thought the neighbors in the surrounding area would be very pleased with the finished product of these homes. Councilman Worley asked Mr. James how many lots were shown on the proposal previously denied by council. Mr. James responded that there were 91 lots at that time and that the proposed development currently showed 56 units. Mayor Mondy asked City Engineer Chris Hoisted with the flat lands in the proposed zoning would there be any issues with flooding. Mr. Hoisted stated that there were none that he was aware of but he had not seen the preliminary drawings yet but felt that most of that drainage would go to Hwy. 544. He also stated that in the new development the majority of the drainage would go to the east to the existing creek within the property. Mayor Mondy then asked what would happen when the roads were completed. Mr. Hoisted stated that would be taken into consideration during the construction and planning stage. Public Hearing Mayor Mondy opened the public hearing at 7:15 p.m. Public Comments Jamie VanEaton of 1001 Oakbrook Drive, Wylie, TX addressed council commenting that she was representing many citizens in the audience as well as some who could not attend the council meeting. She stated that she felt that council should stick to the comprehensive plan dealing with this issue. She stated that she would still like to see the 1 acre lots and that the developer could comply with this size. She stated that she did not believe the plan showed homes that would be in the $250,000 price range and the quality of these homes she felt were questionable. She stated that she felt that when Hwy. 544 was widened, a lot of the green space proposed in the new development would be lost. She also stated that the only thing she could see in the plan pertaining to amenities was an 8 foot sidewalk. She also had some issues with the sidewalk being utilized for a way for children to get to school. She stated that she and many others were opposed to this proposed development. She asked again that the comprehensive zoning plan be kept in tact. Mrs. Linda Housewright of 1645 E. Hwy. 544,Wylie, TX addressed council stating that she was in favor of the proposed zoning change to allow the development. She commented that at the present time there was a lot of dumping on the proposed land and biking was another problem. She stated that houses of this magnitude would bring value to the area and would be an asset to the City of Wylie. Mr. John Housewright of 1645 E. Hwy. 544, Wylie TX addressed council stating that he also was in favor of the proposed zoning change to allow the development. He commented that he felt$250,000. homes on a 1/4 acre lot would be of more property value than a$400,000 home on an acre lot. Mr. Chris Fry of 851 Crest View Lane, Wylie, TX addressed council stating that he was against the proposed zoning change to allow the development. He stated that at the initial time the value of the homes would be great but in time they Minutes—8-26-03 Wylie City Council Page 6 -. would depreciate. He stated that the gas line would be under the homes according to the plans. This would be of great danger to those in the area. He also stated that between the previous time the issue was presented to council and this current time,there had been no changes to the zoning ordinance and he felt therefore it should be denied again. Ms. Anita Collins of 1301 Bozman Road, Wylie, TX addressed council stating that she was for the proposed zoning change to allow the development. She stated that the development was small and she felt it would blend nicely with the existing developments. She commented that she had great confidence in the builders and felt they had the interest of the community in mind. Mayor Mondy closed the public hearing at 7:35 p.m. Council Comments Councilman Young asked about the gas line in question. Mr. Claude Thompson stated that the line ran north of the property and traversed the north side of the subject property which served as an open space buffer between the two developments. Mr. Thompson commented that he believed this line was an old Lone Star Gas line which he was unsure was still in operation. He stated that during the platting process the utility companies would be notified to give the city direction on what could and could not be built in those areas. Mayor Mondy asked about the widening of Hwy. 544 and whether or not it would eliminate some of the green area. City Engineer Chris Holsted stated that there was a 15 foot right-of-way drawn on the concept which would eliminate the green area because it would be in the right-of-way. Mayor Mondy then asked if the comprehensive plan did not call for a minimum of 2,500 square foot homes. Mr. Thompson stated that he believed that the comprehensive plan required 20,000 square foot lots with 2,100 square foot homes since January of 2000. Mayor Mondy asked Mr. Thompson if this was the time to request further amenities to the development. Mr. Thompson stated that this was a pure zoning issue and now was the time to address those issues. Mayor Mondy and Councilman Worley stated that they would like to see the development have J-drives. Mayor Mondy then asked the applicant what he was willing to give to the development in addition to what was already on the table. Mr. Klinefelter representing the land owner stated that the trees along Hwy 544 previously mentioned did not exist. Mr. Klinefelter did agree to leave the large trees between his development and the development to the south or provide a screening fence wall in lieu of leaving the trees. He also stated that he would take care of any drainage problems with the property to the west. In reference to the J-Drives, Mr. Klinefelter stated that he could require the builders to provide 35% of the homes with J-Drives. He stated that to require 100% would limit the architectural creativity of the builders and would reduce the builders willing to build in the development. Mayor Mondy asked about increasing the square footage of the homes to 2,500 sq. ft. Mr. Klinefelter stated that he would not be willing to increase the square footage in part due to the expense of the lots. Council Action A motion was made by Councilman Worley, seconded by Councilwoman Allen to approve a change in zoning from Agriculture (A)to Single-Family 20/21 (SF 20/21) located west of FM 544 and south of the Stoneridge Farms Addition (Zoning Case #2003-07). A vote was taken with Mayor Pro Tem Hogue, Councilman Young, Councilman Trout. Councilman Worley, and Councilwoman Allen voting for and Mayor Mondy and Councilman Shinn voting against. Because the Planning and Zoning Commission had recommended denial for the requested re-zoning the affirmative vote of at least three-fourths (3/4) of the entire City Council (6-1) was required in order to approve the zoning change. The zoning change was denied due to the 5-2 vote. Minutes—8-26-03 Wylie City Council Page 7 R1EaAllING OF O INAIlICES -III .! CAPTIO Y APPRO D 81' C.OuNC1L AS REQUIRES BY VWXLIE CITE I�R'fER �RfiI��E III,:SECTIQN 1� D. ; . _ City Secretary, Carole Ehrlich read Ordinance#2003-17, 2003-18,and#2003-19 into the record. WOR SESSION • Rules and Order of Business for City Council Meetings Including Presentation of Materials at Public Hearings and for Agenda Items. Council and staff discussed rules and order of business for City Council Meetings that included the presentation of written materials pertaining to agenda items and non agenda items. ADJOURN ENT With there being no further business before the council, Mayor Pro Tern Hogue made a motion, seconded by Councilman Trout to adjourn the meeting at 10:01 p.m. A vote was taken and passed 7-0. ```111111111ill, Ns` t- - Jo n Mondy ayo ATTEST: 1 i !l:il ` ``� Car e Ehrlic ity Secretary Minutes—8-26-03 Wylie City Council Page 8