05-26-2009 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, May 26, 2009 — 7:00 pm
Wylie Municipal Complex— Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 7:00 p.m. with the following City Council
members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman
David Goss, Councilman Rick White, Councilman Carter Porter and Councilman Bennie Jones.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City
Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Finance Director, Linda Vaughn; Planning
Director, Renae' 011ie; Construction Manager, Shane Colley; City Secretary, Carole Ehrlich, and
various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Corbin gave the invocation and Cub Scout Pack 1049 led the Pledge of Allegiance.
Those present were: Pack Leader, Jason Palmer and scouts: Aaron Hendrix, Patrick Schimidt,
Nathan Palmer, Luke Hanson, and John Hanson.
Mayor Hogue introduced the City of Wylie's new Finance Director, Linda Vaughn and welcomed
her to the city.
Mayor Hogue welcomed new Council member Bennie Jones.
APPOINTMENT OF MAYOR PRO TEM
• Consider, and act upon, appointment of the Mayor Pro Tem for a one year term
beginning May 2009 and ending May 2010.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Jones to appoint M. G.
"Red" Byboth as Mayor Pro Tem for a one year term beginning May 2009 and ending May
2010. A vote was taken and the motion passed 6-0-1 with Mayor Hogue, Councilwoman
Minutes— May 26, 2009
Wylie City Council
Page 1
Spillyards, Councilman Goss, Councilman White, Councilman Jones and Councilman Porter
voting for with none against and Mayor Pro Tem Byboth abstaining.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
There were no citizens present wishing to address the Wylie City Council during Citizens
Comments.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes from the May 12, 2009 Regular
Meeting and the May 20, 2009 Special Called Meeting of the City Council. (C.
Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2009-15(R) authorizing the Wylie
Wastewater Treatment Plant (WWTP) be taken out of service. (C. Holsted, City
Engineer)
C. Consider, and act upon, Resolution No. 2009-16(R) determining a public necessity to
acquire, by purchase or condemnation, certain properties for an easement for the
construction of the Twin Lakes Outfall Sewer Line. (C. Holsted, City Engineer)
D. Consider, and act upon, a Final Plat for Wylie EDC Addition, Block 1, Lot 1,
creating a commercial lot on 1.433 acres and abandoning an ingress & egress
easement. The property is generally located south of F.M. 544 and 310 feet east of
Regency Drive. (R. 011ie, Planning Director)
E. Consider, and act upon, a Replat for Central Storage Addition, Block 1, Lot 1R
reducing the lot size by (1) one acre along the southwest portion of the property and
establishing new boundaries for the property. The property is generally located
south of F.M. 544 and 510 feet east of Regency Drive. (R. 011ie, Planning Director)
F. Consider, and act upon, a Replat for Wylie Christian Care Center Addition. Subject
property located (700 S. Ballard Street) on the west side of S. Ballard Avenue and
approximately 430 feet south of College Street. (R. 011ie, Planning Director)
G. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure
Reports as of April 30,2009. (M. Beard, Interim Finance Director)
Council Action
A motion was made by Councilman White, seconded by Councilman Porter to approve the
Consent Agenda as presented. A vote was taken and the motion passed 7-0.
Minutes—May 26, 2009
Wylie City Council
Page 2
REGULAR AGENDA
Public Hearings
Tabled from April 28,2009
Council Action
A motion was made by Mayor Pro Tem Byboth to remove Item #1 from the table and continue
the public hear and consider ZC 2009-01. Consensus of the Wylie City Council was to remove
from the table for consideration.
1. (MOTION TO REMOVE FROM TABLE) Continue a Public Hearing and consider,
and act upon, amendments to Zoning Ordinance No. 2001-48 and to the Official
Zoning Map, as it relates to the proposed addition of Section 6.4 and the creation of
the South Ballard Overlay, including district boundaries and design standards and
Article 5 as it relates to allowed uses. Generally bounded by Stone Road on the
south, Butler Street on the north. ZC2009-01 (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the purpose of this revision is to create the
boundaries and design standards of the South Ballard Overlay (SBO) District and to establish the
allowable uses. This Overlay allows the City to create, in the South Ballard area, a place that will be
economically and geographically viable while also retaining the rich history, community values, and
citizen friendly atmosphere that embodies Wylie.
Planning Director 011ie explained that the changes made for presentation tonight include:
✓ 10' sidewalks with a 0'or 5' front setback in Commercial Boundary.
✓ Variety of parking materials (i.e., pavestones, grasscrete, asphalt) subject to engineering
approval.
✓ 75% masonry product within Commercial Boundary.
✓ EIFS, vinyl siding or wood as an exterior building accent material within the Commercial
Boundary, subject to Building Inspection approval.
✓ 75% masonry product or wood as primary material within Residential Boundary.
✓ EIFS or vinyl siding as an exterior building accent material within the Residential
Boundary, subject to Building Inspection approval.
✓ Maximum dwelling size is 2,400 s.f. within the Residential Boundary.
✓ Maximum lot size is 6,000 s.f. within the Residential Boundary.
✓ Single family dwellings are allowed within the Commercial Boundary, but must follow the
design requirements of the commercial boundary guidelines.
Commercial uses are allowed within the Residential Boundary, but must be within a residential type
structure. She reported that currently, the average lot size in the subject boundary is 9,717 square feet
with the median lot size being 8,960 square feet. In the proposed changes that would be reduced to a
maximum of 6,000 square foot lot sizes.
Ms. 011ie reported that twenty-seven (27) responses were received with eight (8) in favor and nineteen
(19) against the requested amendment and zoning reclassification. The Commission voted 5-0 to
recommend approval of the proposed amendment.
Public Hearing
Mayor Hogue continued the public hearing for ZC 2009-01 at 7:40 p.m. asking anyone present
wishing to address Council on this item to come forward and keep their comments to three
minutes.
Minutes— May 26, 2009
Wylie City Council
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No one was present wishing to address Council for ZC 2009-01.
Mayor Hogue closed the public hearing at 7:40 p.m.
Council Discussion
Council members discussed some of the items within the proposed zoning change with regards to the
"look" of the overlay in relation to the Downtown Area and materials that would be allowed within the
overlay district. At the request of Council, staff was asked to present, in a Joint Work Session with Council
and the Planning and Zoning Commission, a discussion on the standards and regulations for the creation
of the South Ballard Overlay District. Discussion will include exact boundaries of the district, lot size
requirements, and overall design regulations for the look of the district. In addition the discussion will
entail whether this will be a new district or an extension of the Downtown Historic District.
Council Action
A motion was made by Councilman Porter, seconded by Mayor Pro Tem Byboth to table Zoning
Case No. 2009-01 until such time as a work session could be held to further discuss standards
and regulations allowed within the Overlay District. A vote was taken and the motion passed 7-
0.
2. Hold a Public Hearing, consider and act upon, amending the zoning from
Agricultural (AG-30) District to Single-Family (SF-10/24) District for a 7 acre tract
of land generally located south of Martin Drive, east of South Ballard Ave and west
of Southbrook Subdivision Phase II. ZC 2009-02 (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the proposed amendment is to place permanent
zoning of SF-10/24 on the subject property, with the design regulations adhering to the approved
Developer's Agreement. The subject tract was annexed into the city on March 31, 2009 and was the
subject of a Developer's Agreement approved October 28, 2008. The Developer's Agreement set forth
the specific design requirements for the 7 acre tract. A preliminary plat was attached as Exhibit A that
created 23 single family lots.
Public Hearing
Mayor Hogue opened the public hearing for ZC 2009-02 at 7:50 p.m. asking anyone present
wishing to address Council on this item to come forward and keep their comments to three
minutes.
No one was present wishing to address Council for ZC 2009-02.
Mayor Hogue closed the public hearing at 7:50 p.m.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve
amending the zoning from Agricultural (AG-30) District to Single-Family (SF-10/24) District for a
7 acre tract of land generally located south of Martin Drive, east of South Ballard Ave and west
of Southbrook Subdivision Phase II, ZC 2009-02. A vote was taken and the motion passed 7-0.
Minutes—May 26, 2009
Wylie City Council
Page 4
General Business
3. Consider, and act upon, the appointment of a 2009 Board and Commissions City
Council Interview Panel to conduct the June 2009 board applicant interviews. (C.
Ehrlich, City Secretary)
Mayor/Council Comments
Mayor Hogue reported that the City Secretary's Office solicits and compiles applications from Wylie
residents wishing to serve on various Wylie Boards and Commissions. These applications are received
through the year until May 31st of each calendar year. He reported that in June of each year, the
applications are compiled into appointment timeframes to allow a three council member panel to interview
each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two
year terms on the various boards.
He noted that the panel members who participated in 2008 were Mayor Pro Tem Byboth, Councilwoman
Spillyards, and Councilman White. He asked City Secretary Ehrlich if there would be some continuity in
having the same panel members who had previously interviewed some of this year's applicants. City
Secretary Ehrlich reported that several of last years applicants who had previously been interviewed by
the 2008 panel had re-applied this year.
Mayor Pro Tem Byboth, Councilwoman Spillyards, and Councilman White all noted that they would be
pleased to again serve on the interview panel.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Jones to appoint Mayor
Pro Tern Byboth, Councilwoman Spillyards, and Councilman White to serve on the 2009 Boards
and Commissions City Council Interview Panel to conduct the June 2009 board applicant
interviews. A vote was taken and the motion passed 7-0.
4. Consider, and act upon, award of a contract to L H Lacy Company, in the amount of
$9,236,980.12, for the reconstruction of FM 1378 from Brown Street to Parker Road.
(C. Hoisted, City Engineer)
Staff Comments
City Engineer Hoisted addressed Council stating that the FM 1378 paving project includes reconstructing
approximately 11,450 linear feet of the roadway from Brown Street to Parker Road to a 6-lane concrete
paving section with an underground storm drainage system. On April 17, 2009, the City opened eight
bids with the low bid being submitted by L H Lacy Company. The project includes approximately 104,100
square yards of 8-inch concrete pavement, 104,400 square feet of concrete sidewalk, and 14,000 linear
feet of water line relocation. The water line replacement includes the installation of 20-inch, 18-inch, 16-
inch, and 12-inch water line from Brown Street to the Newport Harbor subdivision. He reported that once
finally approved by Council, construction should begin within two to four weeks.
Council Action
A motion was made by Councilman White, seconded by Councilman Porter to award a contract
to L. H. Lacy company, in the amount of $9,236,980.12 for the reconstruction of FM 1378 from
Brown Street to Parker Road. A vote was taken and the motion passed 7-0.
Minutes—May 26, 2009
Wylie City Council
Page 5
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Mayor Pro Tern
Byboth, seconded by Councilman White to adjourn the meeting at 7:56 p.m. Consensus of City
Council was to adjourn.
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Minutes—May 26, 2009
Wylie City Council
Page 6