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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. fweaamik 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. Minutes August 25, 2009 Wylie City Council Page 1 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 Minutes August 25, 2009 Wylie City Council Page 2 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) Minutes August 25, 2009 Wylie City Council Page 3 Staff Comments Planning Director 011ie addressed Council stating that at its July 28th meeting, Council tabled the subject owa.floo* 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. Minutes August 25, 2009 Wylie City Council Page 4 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 Minutes August 25, 2009 Wylie City Council Page 5 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 Minutes August 25, 2009 Wylie City Council Page 6 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. Minutes August 25, 2009 Wylie City Council Page 7 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. a X C0'71 fa------ Eric Hogue, Mayor OF lirkk 40‘rvK(11:ii ":46 ATTEST: i. + _L'e, 1"- IZZ .rI Vgg7• 1;. N tw- Car a Ehrlich, Ci cretary . Minutes August 25, 2009 Wylie City Council Page 8