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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 Page 3 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. (Le Eric Hogue, Ma or '4 OF iVj, ATTEST: ,((^..c r .� `, ►4 „111101 f*. .�.,. ' it `„ s,; y,`,�` As C ole Ehrlic , i y Secretary M Minutes—May 26, 2009 Wylie City Council Page 6