08-25-2009 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, August 25, 2009 — 6:00 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 6:01 p.m. with the following Wylie City Council
members present: Mayor ProTem Red Byboth, Councilwoman Kathy Spillyards, Councilman
David Goss, Councilman Carter Porter, Councilman Rick White, and Councilman Bennie Jones.
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Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City
Engineer, Chris Hoisted; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite;
Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; Building Official, Mike
McAnnally; Police Chief, John Duscio; Finance Director, Linda Vaughan; Library Director,
Rachel Orozco; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and
various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Reverend Raymond H. Perry, pastor for the Trinity Friendship Baptist Church, Wylie, Texas
gave the invocation and the Flaming Cobra Patrol Scout Troop presented the flags and led the
Pledge of Allegiance. Scouts present included: Dan Barnhart, Austin Byboth, Caleb Benson,
Gavin Pugh, Samuel Martinez, Brandon Spiegal, Andrew Spiegal, and Tanner Gowing.
Leaders of the "Flaming Cobra" Patrol present included: Brenda Byboth, Den Leader; Scott
Stewart, Assistant Den leader; and Roger Barnhart, Pack 1049 Cub Master.
PRESENTATION
• Presentation of Proclamation for Muscular Dystrophy Association Day. (E. Hogue,
Mayor)
Mayor Hogue read a proclamation designating September 7, 2009 as Muscular Dystrophy
Association Day.
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Wylie City Council
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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 of the August 11, 2009 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, approval of Amendment No. 2 to the Engineering Services
Agreements, in the amount of $570,200.00, with Birkhoff, Hendricks and Conway,
L.L.P. for the Newport Harbor Pump Station, Nortex Pump Station, and NTMWD
Pump Station Improvements. (C. Holsted, City Engineer)
C. Consider, and act upon, approval of a Final Plat for Wylie Municipal Complex,
Block B, Lot 1, establishing a commercial lot on 7.14 acres and designating
easements on the property. The property is generally located north of SH 78 and
approximately 1,200 feet east of Eubanks Lane. (R. 011ie, Planning Director)
D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure
Reports as of July 31,2009. (L. Vaughan, Finance Director)
Council Action
A motion was made by Councilman White, seconded by Councilman Jones to approve the
Consent Agenda as presented. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
Public Hearings
1. Hold a Public Hearing on the City of Wylie Fiscal Year 2009-2010 Proposed Budget
and provide all interested persons an opportunity to be heard, either for or against
any item in the proposed budget; and set and announce the date, time and place of
the meeting at which Council will vote on the final proposed budget. (L. Vaughan,
Finance Director)
Staff Comments
' Finance Director Vaughan addressed Council stating that a public hearing is required to be held on the
Fiscal Year 2009-2010 Proposed Budget. She explained that all interested persons should be given an
opportunity to be heard, either for or against any item on the proposed budget. She reported that at the
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end of the hearing, the Wylie City Council will schedule the date, time, and place that the vote will be
taken on the final proposed budget.
Public Hearing
Mayor Hogue opened the public hearing for the FY 2009-2010 proposed budget at 6:16 p.m.
asking anyone wishing to speak on this item to come forward and keep their comments to three
minutes.
No one was present wishing to address Council on the FY 2009-2010 proposed budget.
Mayor Hogue closed the public hearing at 6:16 p.m.
Council Discussion
City Manager Manson addressed Council explaining that the proposed budget tonight was the same
budget as presented at the budget work session. She reported that the not-for-profit donations of
$37,000 was still part of the proposed budget pending direction from the council. That direction could be
given tonight or at the September 8, 2009 council meeting.
Councilman Goss suggested, due to the economic downturn and the need to continue assisting the Wylie
Meals on Wheels Program voiced at the budget work sessions, that the city take the funding that had
been set aside for council meals and allocate those funds to the Wylie Meals on Wheels Program. City
Manager Manson reported that the amount set aside for council meals was $2,750. In addition to the
Meals on Wheels allocation, direction from council was to leave the $37,000 in an account to be used for
future events that had been proposed to be discontinued due to budget constraints. Councilman Goss
noted that he felt the funding should not stay in an account but actually be used for events during the
year, that benefited the community.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Goss to set September 8,
2009 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 2000 Highway 78,
North, Wylie TX as the date, time, and place at which the Wylie City Council will vote on the final
proposed budget. A vote was taken and the motion passed 7-0.
Tabled From July 28, 2009
Council Action
A motion was made by Mayor ProTem Byboth, seconded by Councilman White to remove Item
#2, consideration of expansion of the Downtown Historic District, from the table and consider. A
vote was taken and the motion passed 7-0.
2. (MOTION TO REMOVE FROM TABLE) Continue a Public Hearing and consider,
and act upon, amending regulations to Zoning Ordinance No. 2001-48, Article 6, as
it relates to the proposed expansion of the Downtown Historic District to include
property on Ballard Avenue north of Brown up to approximately 419 North Ballard
on the west and Block 1 Tract 48 of the Truett Abstract on the east. ZC 2009-04 (R.
. . 011ie, Planning Director)
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Staff Comments
Planning Director 011ie addressed Council stating that at its July 28th meeting, Council tabled the subject
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request to allow staff additional time to visit with property owners to ensure that those affected are fully
aware of the impact of the proposed changes. Staff met with the Downtown Merchants Association and
presented an overview of the proposal. Part of the discussion included the advantages/disadvantages as
mentioned by those citizens in attendance at the July 7th Planning and Zoning Commission meeting. In
addition, staff stated the overall vision for the Downtown Historic District and by preserving the historic
feel and allowing a mixed use low intense commercial type environment would benefit in keeping
downtown vibrant. She reported that the consensus of the downtown merchants present was that there
was no downside to extending the district.
Ms. 011ie reported that staff had the opportunity to speak with a representative from St. Anthony's Catholic
Church in regards to their opposition of the request. The church's stance is that they feel inclusion of the
church properties would limit their options for the use of the land.
Public Hearing
Mayor Hogue opened the public hearing for the extension of the Downtown Historic District at
6:26 p.m. asking anyone wishing to speak on this item to come forward and keep their
comments to three minutes.
The following citizens spoke in opposition to the proposed extension of the Downtown Historic
District:
Rita Smith, residing at 401 N. Ballard, Wylie, TX
Reverend Andrew Semler, St. Anthony's Catholic Church
Christine Walk, residing at 408A N. Jackson Street, Wylie, TX
John Orlando, residing at 3109 Glenwood Drive, Wylie, TX ETJ (Representing St. Anthony's
Catholic Church)
John Fitzpatrick, residing at 103 Oak Street, Wylie, TX
Rob Baldwin, residing at 40C Exposition, Dallas, TX (Representing St. Anthony's Catholic
Church)
Martin Warborq, 21 Cedar Bend Trail, Lucas, TX (Representing St. Anthony's Catholic Church)
Mayor Hogue closed the public hearing for Zoning Case No. 2009-04 at 6:50 p.m.
Council Discussion
Mayor Hogue asked Planning Director 011ie how this proposed change would affect St.
Anthony's Catholic Church. Ms. 011ie replied that in her opinion this change would have very
little affect on the church, there are regulations, that is what zoning is but the proposed zoning
change does allow the church a lot of flexibility. For instance, if they were to decide to build a
school, under the current ordinance the spacing for required parking would be much more that
the relaxed requirements under the historic district zoning. Because it is a commercial structure
their guidelines are different than residential and the brick currently used would be allowed
within the DTH zoning.
Mayor Hogue asked Planning Director 011ie if she, as the planning director, foresaw
commercial in the extended DTH. Ms. 011ie replied that she foresaw a mix of residential and
commercial businesses in the DTH. She explained that the outside of the commercial business
might look like a residential property but under the DTH zoning the city would have control over
the look of the commercial business structures; giving a look of historic with commercial usage.
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Mayor ProTem Byboth and Councilman Porter voiced concerns with a letter received by the
Catholic Diocese of Dallas claiming that the proposed change to DTH would restrict the
exercise of the Parish's religious activities. Mayor ProTem Byboth asked Planning Direct 011ie if
in the past any church was restricted from exercising their religious activities in the Downtown
Historic District. Planning Director 011ie stated that no church had been restricted from
performing religious activities within the DTH. She explained that through state laws,
municipalities have no authority to restrict any church in the performance of their religious
activities nor can they restrict where a church is built. Reverend Semler (St. Anthony's Catholic
Church) responded to the questions stating that he was happy with the relationship between
the church and the city but felt with the new proposed zoning, it would limit how the church
could to worship, as we are called as Christians. He requested that the church be left out of
the proposed DTH extension. Mayor ProTem Byboth voiced his concern with regard to
considering what is in the best interest of all the taxpayers of the City of Wylie. He stated that
with the large amount of tax exempt property within the city, including the church, he wanted to
consider what was best for the taxpaying public of the city and assisting the businesses in the
downtown area. He noted that he was prepared to ask for consideration of a compromise that
would appease not only the church but the taxpaying citizens of the city as well.
Mayor ProTem Byboth announced that he had a motion for the council to entertain that would
not only protect the church's wishes but would benefit the overall downtown district. This option
will protect the old church structure and all of the property on Ballard Avenue and allows the
church to enjoy their land under the current zoning.
Council Action
A motion was made by Mayor ProTem Byboth, seconded by Councilman Porter to approve
amendments to zoning ordinance #2001-48 Article 6, as it relates to the proposed expansion of
the downtown historic district to include those properties north of Brown Street fronting the west
side of Ballard Avenue to approximately 419 North Ballard on the west and approximately 100
feet of frontage on the east parallel to the eastside to Ballard Avenue. A vote was taken and
the motion passed 7-0.
Mayor Hogue asked for a short recess to allow everyone in attendance a chance to join other
citizens on S.H. 78 to welcome the troops coming in from overseas and returning home at 7:30
p.m.
Mayor Hogue reconvened the meeting at 8:00 p.m. thanking everyone who participated in the
"Welcome Home" celebration.
3. Hold a Public Hearing and consider, and act upon, amending the zoning from
Commercial Corridor (CC) District to Commercial Corridor with Specific Use
Permit (SUP) for a 250-foot Radio Tower (CC-w/SUP) District to be located along
the northwestern portion of Wylie Municipal Complex. ZC 2009-05 (R. 011ie,
Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the city is proposing to construct a 252' tall Radio
Tower. Radio, Television, or Microwave Tower as defined by the ordinance is allowed by SUP only within
the Corridor Commercial zoning district. The Zoning Ordinance requires a Special Use Permit as a means
for developing certain uses in a manner in which the proposed use will be compatible with adjacent
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property and consistent with the character of the area. Special use permits are required where site
specific impacts may exist that require additional review to ensure compatibility between uses.
408.16 Ms. 011ie reported that the Wylie Planning Commission recommended the SUP for approval by council at
a vote of 6-1. Some of the comments returned by property owners opposing this tower were to find some
way to cover the tower aesthetically.
Fire Chief Corbin addressed Council explaining that the tower was required to join with other cities for the
new communication system. Chief Corbin reported that this system would give continuous coverage from
Wylie to Allen, Plano and Murphy. He reported that this new system would greatly improve
communications for dispatch, police and fire. He asked the Wylie City Council to consider approval.
Public Hearing
Mayor Hogue opened the public hearing for Item #3 at 8:05 p.m. asking anyone present wishing to
address Council to come forward and keep their comments to three minutes.
Alan Adkins, 6600 LBJ Freeway, Ste. 160, Dallas, and representing the C.T. Beckham properties,
addressed Council stating that he understood the need for the tower but asked Council for consideration
of some type of aesthetics to place around the tower.
With no other citizens wishing to address Council, Mayor Hogue closed the public hearing at 8:25 p.m.
Direction from Council to staff was to research cost effective materials that could be placed around the
tower for aesthetics but not hinder security at the site.
Council Action
A motion was made by Councilman White, seconded by Councilman Porter to approve
amending the zoning from Commercial Corridor (CC) District to Commercial Corridor with
Specific Use Permit (SUP) for a 252 foot Radio Tower (CC — W/SUP) District to be located
along the northwestern portion of Wylie Municipal Complex. (ZC 2009-05) A vote was taken and
the motion passed 7-0.
General Business
4. Consider, and act upon, Ordinance No. 2009-22 renaming Valley Stream Circle to
Cedar Valley Drive in the Bozman Subdivision. (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that on very rare occasions it becomes necessary to
rename or renumber a street to ensure the health, safety, and general welfare of the citizens of the City of
Wylie is to rename a street. Due to public safety concerns, staff is requesting a street name change within
the Bozman Subdivision. The subdivision was final platted in 2003 and created 278 residential lots with
22 common area lots. Valley Stream Drive is a double loaded street with twenty-one (21) residential
single-family dwellings. The addresses range from 1301 through 1324. Valley Stream Drive curves into
Valley Stream Circle. There are twenty-eight (28) residential single-family dwelling units along Valley
Stream Circle. The homes on Valley Stream Circle are addressed from 1300 to 1333. With the confusion
of the street names and numbers, it can and will delay emergency response. Over the course of several
months, there have been a number of incidents where public safety has been dispatched to the
subdivision and actually went to the wrong street.
Ms. 011ie reported that forty nine letters were mailed out with two returning opposing comments and one
responding with positive comments. Ms. 011ie stated that she had been in contact with the Postal Service
to find out what would be required for those property owners affected by the name change. The postal
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service only requires a letter from the city showing the formal name change. She reported that the title
companies would not require any change as they reference by property lot description only.
Fire Chief Corbin reported that the name change was required for emergency responses. He reported
that response time is hindered due to the duplication of like address numbers and similar street names.
Citizen Comments
The following citizens spoke in favor of Ordinance No. 2009-22 renaming Valley Stream Circle.
Chris Morris, residing at 1304 Valley Stream Circle, Wylie, TX
Brian & Michelle Thomason, residing at 1316 Valley Stream Circle, Wylie, TX
Emmett Jones, residing 1210 Chestnut Hill Drive, Wylie, TX
Council Discussion
Councilman Goss requested that the name be completely different than Valley Stream Circle or Cedar
Valley Drive. Planning Director 011ie reported that she had checked the list of city names and "Clear
Creek Drive"was not currently being used.
Council Action
A motion was made by Councilman Goss, seconded by Councilman Jones to approve
Ordinance No. 2009-22 renaming Valley Stream Circle to Clear Creek Drive in the Bozman
Subdivision. A vote was taken and the motion passed 7-0.
5. Consider and act upon Ordinance No. 2009-23 creating a construction work zone
for traffic and temporarily reducing the rate of speed on FM 1378 from Brown
Street to Parker Road. (C. Holsted, City Engineer)
Staff Comments
City Engineer Holsted addressed Council stating that on May 26, 2009, Council awarded a construction
contract to L H Lacy Company for the reconstruction of FM 1378 from Brown Street to Parker Road. Lacy
has started construction of the outfall storm sewer lines and will begin work in the road right of way within
a few days. Due to the proximity of the workers and equipment to the existing travel lanes, it is necessary
to reduce the speed on the roadway to 35 miles per hour. The ordinance is written such that when the
project is completed, the speed limit will revert to the pre-construction limit of 45 miles per hour.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Jones to approve
Ordinance No 2009-23 creating a construction work zone for traffic and temporarily reducing the
rate of speed on FM 1378 from Brown Street to Parker Road. A vote was taken and the motion
passed 7-0.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D.
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City Secretary Ehrlich read the captions or Ordinance No.'s 2009-22 and 2009-23 into the
official record.
4A•ViaoStMayor Hogue announced that there would be no executive session at this time.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
§§ 551.072 Deliberation Regarding Real Property; Closed Meeting
Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters
concerning real property.
• Placement of Kiosk Plazas on Private Property.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
Porter, seconded by Councilman White to adjourn the meeting at 8:45 p.m. Consensus of the
Wylie City Council was to adjourn.
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Wylie City Council
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