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09-22-2009 (City Council) Minutes .001.4 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, September 22, 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 6:00 p.m. with the following Wylie City Council members present: Mayor ProTem Red Byboth, Councilwoman Kathy Spillyards, Councilman Carter Porter, Councilman Rick White, Councilman Bennie Jones and Councilman David Goss. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; Planning Director, Renae' 011ie; Police Chief, John Duscio; Finance Director, Linda Vaughan; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Cub Scout Pack 418 leader Louis Revor gave the invocation and Cub Scout Pack 418 led the Pledge of Allegiance. Cub Scouts present included: Hayden Rhodes, Reece Rhodes, Colton Banes, Aidan Revor, Dakota Grayson, Jayden Bruering, Dalton Kriebs, Tyler Kriebs, Jace Diaz, Jackson Thach, Logan Revor, Darian Richardson, Diego Richards, and Vasco Zamudio. Troop leaders included: Sonya Rhodes, Louis Revor, and Vicki Shelton. PRESENTATIONS • Presentation of Character Trait "Citizenship" (Mayor Hogue) Mayor Hogue presented Sydney Segrest, 3rd grade student at Cox Elementary, with the presentation of the Citizenship Award. He noted that Sydney was not available to attend the meeting last semester when the 6 weeks character trait awards were presented. He introduced her parents Jim and Sandra Segrest. • Presentation on Nixie, a Citizen Notification System. (S. Seddig, Fire Marshal/C. Kelly, Public Information Officer) Minutes September 22, 2009 Wylie City Council Page 1 Public Information Officer Kelly addressed council stating that government agencies are faced with the challenging task of quickly, efficiently, and reliably delivering critical public safety information to their citizens. He explained that currently the city relies on outdoor sirens, the Emergency Alert System, and Collin County's Code Red System. Public Information Officer Kelly demonstrated the new Nixel system which has been added to the communication systems available to citizens. Kelly gave a short presentation regarding the functionality the system provided for communicating public safety (tornado warnings, weather) and community information through text messages, email, and the web. He noted that this service was at no cost to the city and would quickly communicate important information to citizens. The system was extensively researched by Fire Marshal Steve Seddig and comes highly recommended by public safety, as one of many arsenals in communicating emergency events to the citizens of Wylie. 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. Darren Beatty, residing at 710 Hanceville Way, Wylie, Texas, addressed council stating that he was concerned about the Homeowner's Association within his development and the lack of responses to concerns posed by residents of the HOA. Mayor Hogue requested City Manager Manson to contact Mr. Beatty for further research of the issue. 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 September 8, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of August 31,2009. (L. Vaughan, Finance Director) C. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 31, 2009. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed addition of Section Minutes September 22, 2009 Wylie City Council Page 2 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. ZC 2009-06 (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 development in the South Ballard area to become a place that will be economically and geographically viable while also retaining the rich history, community values, and citizen friendly atmosphere that embodies Wylie. She reported that the Commission discussed at length the Victorian Architectural period of design. At the joint Council and Commission work session on July 7th, it was the consensus of those in attendance to allow a design style that covers a broader period in time known as the Victorian Era. Staff explained that the Victorian Era did not limit the design style to the Victorian style, but more referred to an art and architecture period ranging from 1837 — 1901 and most recognized as a combination of past architectural types. She reported that property owners were notified that no changes would be required to their existing properties. This proposed change, if approved, would regulate the design of the area but not highly regulate the use. 011ie noted that goals of the overlay would include: eliminate blight both physical and economic, increase property utilization, spur private investment, increase visual amenities, and encourage the vitality of historic downtown. 011ie explained that because the text amendment also includes rezoning of property, 261 notifications were mailed to all properties within 200 feet in accordance with State Law. Sixteen (16) responses representing 43 properties were returned with 21 in favor of the request and 22 opposing the request. She reported that the Zoning Commission voted 5-0 to recommend approval of the proposed amendments. Public Hearing Mayor Hogue opened the public hearing on zoning case 2009-06 at 7:00 p.m. asking anyone wishing to address council on this zoning case to come forward. Raymond Cooper, residing at 301 Dogwood, Wylie, Texas, and owner operator of the Christian Care Center, Ballard Avenue, addressed council stating that he was not in favor of the proposed overlay. He stated, that in his opinion, he did not think this proposal would develop and thought it would impede the development of Ballard. With no one else wishing to address council during the public hearing, Mayor Hogue closed the public hearing at 7:04 p.m. Council Discussion Mayor Hogue asked Ms. 011ie to explain the difference between the core and the commercial boundaries. Ms. 011ie reported the area structures fronting Ballard, along Stone Road, and Birmingham and north of Callaway to Hwy. 78 would be considered the Commercial boundaries. Commercial boundaries can include a mix use development of residential and commercial users. For instance, it could have two story or one story commercial businesses or it could have single family attached two story residences. The core area runs along Jackson south of Callaway down to Stone road; this is the only area that will allow single family detached homes. She explained that this development will take time; this proposal is a long term plan for the area and will develop over time. Councilwoman Spillyards asked Planning Director 011ie to give some examples of other cities that used this mixed use overlay. 011ie reported that numerous area cities had developed form based codes and redeveloped areas that were full of blithe. All have been very successful over time. Minutes September 22, 2009 Wylie City Council Page 3 Mayor ProTem Byboth asked Planning Director 011ie if there was enough parking in the back of the properties to allow commercial parking. Ms. 011ie replied that there were several studies based on the required parking and there was enough parking spaces in the rear of the lots and hopefully one of the lots would be sold to construct additional parking areas. Mayor ProTem Byboth asked if it was necessary to incorporate the entire proposed area initially or if a compromise could be made to start with a smaller area to see how it develops. Planning Director 011ie replied that if the area was decreased to take out the core area, it would not affect the commercial area and she felt in a short amount of time, the core area would come back to council for inclusion. Councilman Goss stated that he was not in favor of current residents having to build to different standards should their home burn to the ground. Planning Director 011ie explained that the proposed overlay would allow those residents to build a home in the same wood materials as the present home under the new proposed code; were the current codes left, that homeowner would have to build a 2,400 square foot brick home. She noted that the requirements for rebuilding would be less strict under the new proposed overlay for current homeowners. Councilman Goss asked Ms. 011ie if the west side could be left off(Core area) of proposed overlay area. Mayor ProTem Byboth stated that the intent of the commercial portion of the overlay was to redevelop this blithe area on Ballard. Mayor ProTem Byboth stated that once the Ballard area "kicks off'the other areas will come back for approval. Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman Porter to approve amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard overlay District, including district boundaries and design standards and Article 5 as it relates to allowed Uses. The SBO boundary shall include those lots fronting South Ballard Avenue bordered by SH 78 to the north, Stone Road to the south and the western lots facing 1st Street bordered by SH 78 and Butler Street. A vote was taken and the motion passed 7-0. General Business 2. Consider, and act upon, a Resolution nominating a candidate to the Board of Directors for the Central Appraisal District of Dallas County for a two year term beginning January 1,2010. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that the Property Tax Code requires that the Chief Appraiser conduct an election for the purpose of selecting representatives to the Board of Directors of the Dallas Central Appraisal District every two years. The Dallas Central Appraisal District has a five member Board of Directors; one representing the County (Dallas County Tax Assessor Collector), a representative appointed by the Dallas ISD, a representative appointed by the City of Dallas, a representative elected by the suburban cities (31 cities), and a representative elected by the suburban ISDs (16 ISDs). Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilwoman Spillyards to take no action regarding submission of nominations for the Dallas Central Appraisal District Board of Directors. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, a Resolution nominating a candidate to the Board of Directors for the Central Appraisal District of Collin County for a two year term beginning January 1, 2010. (M. Manson, City Manager) Minutes September 22, 2009 Wylie City Council Page 4 Staff Comments City Manager Manson addressed council stating that the City of Wylie has 64 votes that they may cast for the Board of Directors of the Central Appraisal District of Collin County for a two year term beginning January 1, 2010. She explained that this was the first step of the process in which nominations are accepted. Council is asked to approve a Resolution nominating a candidate for the Central Appraisal District for the Board of Directors of the Central Appraisal District of Collin County, which must be delivered to the Chief Appraisal before October 15, 2009. She reported that typically there are not nominations made by the Wylie council but staff wanted to place this on the agenda in the event council wished to nominate someone. Council Action A motion was made by councilman Porter, seconded by Councilman Goss to table consideration of nominations to the Collin County Central Appraisal District Board of Directors to the October 13, 2009 Wylie City Council Meeting to allow time to receive requests from other jurisdictions asking for support of their candidates. A vote was taken and the motion passed 7-0. Mayor Hogue recessed into Executive Session at 7:30 p.m. noting the exception below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 Consultation with Attorney; Closed Meeting Pursuant to Section 551.071, Texas Government Code, Consultation with attorney for the city regarding: • Settlement of the lawsuit styled Dallas Home Builders Association of Greater Dallas and DR Horton Texas, Ltd. v. City of Wylie, Texas pending in the 401st District Court in Collin County, Texas in cause no. 401-03720-2008, including discussion relating to a Settlement Agreement, Release, and the form of the Judgment; and • Amending Ordinance No. 2007-12 as it relates to Fire Development Fees Mayor Hogue reconvened into Regular Session at 7:55 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. 4. Consider, and act upon, settlement of the lawsuit styled Dallas Home Builders Association of Greater Dallas and DR Horton Texas, Ltd. v. City of Wylie, Texas pending in the 401st District Court in Collin County, Texas in cause no. 401-03720- 2008 including approving a Settlement Agreement and Release and the form of the 011041.4 Judgment and authorize the City Manager to take all actions necessary to effectuate the same. (M. Manson, City Manager) Minutes September 22, 2009 Wylie City Council Page 5 Council Action A motion was made by Councilman Goss, seconded by Councilman White to approve the settlement in the styled Dallas Home Builders Association of Greater Dallas and DR Horton Texas, Ltd. v. City of Wylie, Texas pending in the 401st District Court in Collin County, Texas in cause no. 401-03720-2008 including approving a Settlement Agreement and Release in the form of the Judgment and authorize the City Manager to take all actions necessary to effectuate the same. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, Ordinance No. 2009-30 amending Section 3 of Ordinance No. 2007-12, relating to fire development fees. (M. Manson, City Manager) Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to adopt Ordinance No. 2009-30 amending Section 3 of Ordinance No. 2007-12, relating to fire development fees. A vote was taken and the motion passed 7-0. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2009-30 into the official record. Fotioava ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor ProTem Byboth to adjourn the meeting at 8:03 p.m. Consensus of the Wylie City Council was to adjourn. Eric Hogue, Mayo 40OFjt7 ATTEST: ,,, IP _1111+�M • 7EiVEZZe • ,�1887 , Car le Ehrlich, C'y retary fig Minutes September 22, 2009 Wylie City Council Page 6