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02-22-2011 (City Council) Minutes Wylie City Council CITY OF WYLIE g Minutes Wylie City Council Meeting Tuesday, February 22, 2011 - 6:00 p.m. Wylie Municipal Complex- Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 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 pro tern Red Byboth, Councilwoman Kathy Spillyards, Councilman Carter Porter, Councilman Rick White, and Councilman David Goss. Councilman Bennie Jones arrived at 6:29. Staff present were: Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; Fire Chief, Randy Corbin; Police Chief, John Duscio; WEDC Executive Director, Sam Satterwhite; Public Services Director, Mike Sferra; Library Director, Rachel Orozco; Human Resource Manager, Lynn Fagerstrom; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor pro tem Byboth gave the invocation and Police Chief John Duscio led the Pledge of Allegiance. PRESENTATION • Proclamation for Honorary Mayor Joshua Simms Mayor Hogue introduced Joshua Simms a student at Dodd Elementary. He explained that Joshua had won "Mayor for a Day" by out bidding all other students for that designation. Funds are raised each year for the Fall Festival though donations and bids by Dodd students and parents. Mayor Hogue read a proclamation in Joshua's honor as Mayor for the Day and Honorary Mayor Simms presided over the meeting along with Mayor Hogue. • Milestone Employee Anniversaries for Chris Taylor, Ernest Mendez & Kevin England. Minutes February 22, 2011 Wylie City Council Page 1 Mayor Hogue presented plaques to Wylie City Employees: Chris Taylor— 10 years of service Ernest Mendez— 15 years of service Kevin England — 10 years of service 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 takes action on any matter presented during citizen participation. Bobby Heath, residing at 205 Arborview, Wylie, and representing the Downtown Merchants, addressed council stating that funding was still being raised for the July Jubilee scheduled for the downtown area this year. 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 February 8, 2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of the Minutes of the February 12, 2011 Special ---, Called Council Retreat. (C. Ehrlich, City Secretary) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of January 31,2011. (L. Bantz, Finance Director) D. Consider, and place on file, the City of Wylie Monthly Investment Report for January 31, 2011. (L. Bantz, Finance Director) E. Consider, and act upon, approval of a Final Plat creating four (4) lots on 260.08 acres, generally located north of FM 544, south of FM 3412 (Brown Street), and east and west of FM 1378 (Country Club Drive). (R. 011ie, Planning Director) Council Action A motion was made by Councilman White, seconded b Councilman Porter to approve the consent agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Jones absent. REGULAR AGENDA General Business Tabled from 02-08-2011: Motion to remove from table and consider: Minutes February 22, 2011 Wylie City Council Page 2 Council Action A motion was made by Mayor pro tern Byboth, seconded by Councilwoman Spillyards to remove consideration of Ordinance No. 2011-04 from the table and consider. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 1. Consider, and act upon, Ordinance No. 2011-04 amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance), Section I, Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates). (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that on December 14, 2010 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporated the water and sewer capital improvements plan (CIP), outstanding debt service, the proposed wholesale water rate increases from the North Texas Municipal Water District, the transfer to the general fund, and the expansion of the Public Works Service Center. Hoisted explained that an approximately 5.3% increase per year over the next five years was proposed in the rate study (Financing Scenario 2). The proposed ordinance incorporates these recommendations into the water and sewer rates for FY 2011. 0161 .1. Council Action A motion was made by Councilman White, seconded by Councilman Porter to adopt Ordinance No. 2011-04 amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance), Section I, Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates). A vote was taken and the motion passed 6-0 with Councilman Jones absent. Councilman Jones arrived at 6:29 p.m. Presentations: Presentation by the firms of Land Design Partners-DFW, Inc. and Teague Nall and Perkins, Inc. for professional services related to the Neighborhood Parks Master Plan and Trails Master Plan. (M. Sferra, Public Services Director) Public Services Director Sferra introduced representatives from Land Design Partners-DFW and Teague Nall and Perkins, Inc. Each firm provided presentations for each of the two proposals. 2. Consider, and act upon, ranking the finalist design firms and authorizing the City Manager to negotiate a contract beginning with the top-ranked firm(s) for the Neighborhood Parks Master Plan and Trails Master Plan. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed council stating that staff is requesting council to rank the design firm finalists in the order of preference. Should the City Council select a design firm for each project, then the City Manager will initiate negotiations relative to scope, services, fees, and payment Minutes February 22, 2011 Wylie City Council Page 3 schedules with the top-ranked firm for each project. If a tentative agreement is reached, then the City Manager will return with a contract for City Council consideration and possible action. If a tentative agreement cannot be reached with the top ranked firm, then negotiations will begin with the second ranked firm, until a tentative agreement can be reached and a contract can be brought to the City Council. Council Discussion Councilman Porter noted that he was impressed with the proposal by Teague, Nall and Perkins, Inc., to think outside the box regarding the Neighborhood Parks Master Plan and the Site A Park into the possible expansion of the park by collaborating with North Texas Municipal Water District and the Corp of Engineers, and the expansion of Site B in collaborating with the HOA in that area. Councilman Goss commented that he liked the extensive knowledge of Land Design, Inc. with regard to their experience with White Rock Lake Trails. Councilwoman Spillyards commented that she agreed with both council members and was very impressed with the work done at White Rock Lake Trails by Land Design Partners-DFW. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to rank Teague Nall and Perkins, Inc. first for the Neighborhood Parks Master Plan and Land Design Partners-DFW first for the Trails Master Plan and authorize the City Manager to negotiate a contract beginning with the top-ranked firms for the Neighborhood Parks Master Plan and the Trails Master Plan. A vote was taken and the motion passed 7-0. Public Hearing 3. Hold a Public Hearing and consider, and act upon, an amendment to PD 2000-22B .__. & Concept Plan of the Estates of Creekside to decrease the front yard setback with the purpose of increasing the width of the main collector road into the subdivision and to delete 0.9 acres of ETJ land included in current PD, generally located south of Parker Road and approximately '/2 mile west of Country Club Road. ZC 2011-02 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject tract was part of a Planned Development approved on March 27, 2001 in order to develop a master planned residential community. A Preliminary Plat has since expired and will be resubmitted in the near future pending approval of the subject PD Amendment. The intent of the amendment is to increase the main north/south route to a collector street and to add alleys to prevent any direct driveway access onto the collector. With these proposed additions, the applicant cannot meet the language of PD 2000-22B that requires all garages to be side-loaded and a minimum front yard setback of 30 feet for Tract A lots and 35 feet for Tract B lots. The owner/applicant is requesting that the front yard minimum setback be reduced to 25' for Tract A lots, and 30' for Tract B lots. The requested reduction is in conformance with the current SF-10/24 zoning district front building line of 25'. 011ie noted that in addition, the applicant has removed the clause that All garage doors shall be side loaded except if minimum 25 feet behind the front building line. Front load garage allowed on side street corner lot. However, no dwelling will have a garage door that faces the main collector street. The typical lot size for Tract "A" lots increases from 10,000 s.f. to 10,200 s.f., and the typical lot size for all Tract "B" lots has a minimal decrease from 12,690 s.f. to 12,502 s.f. r... The owner/applicant is dedicating 17 acres of parkland to the City and 2.5 acres to be owned and maintained by the HOA. This item was submitted to the Parks Board and was subsequently approved Minutes February 22, 2011 Wylie City Council Page 4 .. with the understanding that the developer will install improvements in the proposed parkland, and dedicate additional parkland located south of the development to Wylie, and will work in good faith with the Cities of Parker and Wylie to establish a connection through Parker to connect two trail segments located in Wylie. The Planning and Zoning Commission voted 7-0 to recommend approval. Gary DeFrain (applicant) addressed council stating that he had submitted the original Planned Development back in 2000. The proposed changes in the proposed Planned Development directly come from a review of the original plat. In reviewing the plat that was approved in 2001 he realized the road was going to be a problem. The road has a 50 foot right of way. If cars are parked on both side of the street, there is room for traffic flow only one way. The intent in this proposal was to correct that width of road to 65 feet; however, in doing so alleys had to be included to allow parking in the back of the properties aligning this roadway. To correct the additional area to accommodate the wider road and alleyways, the lot sizes had to be a little bit wider and a little bit shorter. In addition the lot pads had to accommodate the builder thus the building line was moved from 30 feet to 25 feet. Public Hearing Mayor Hogue opened the public hearing for Zoning Case 2011-01 at 7:40 p.m. asking anyone wishing to address council on this zoning case to come forward and limit their comments to three minutes. No one was present to address council. Mayor Hogue closed the public hearing at 7:40 p.m. Council Discussion Councilman Goss asked about the topography of the park land dedication. Ms. 011ie reported that some of the area was in the flood plain but 17 acres were usable land. The Park and Recreation Board did approve the proposal for parkland dedication. Councilmember Porter had concerns regarding the minimum of 1" trees with a maximum of 6" caliber per lot. He noted that he would like to include a revision that required all trees to be at least 3" caliber. Councilman Porter asked if the 6 foot fence would allow for enough screening for residents backing to Parker Road. He noted that he would like to see an 8 foot fence along that roadway. Mr. DeFrain explained the plan also included vegetation that would be higher than the 6 foot fence along Parker Road and would further assist with the property/road screening. Council Action A motion was made by Mayor pro tern Byboth, seconded by Councilwoman Spillyards to approve an amendment to PD 2000-22B & Concept Plan of the Estates of Creekside to decrease the front yard setback with the purpose of increasing the width of the main collector road into the subdivision and to delete 0.9 acres of ETJ land included in current PD, generally located south of Parker Road and approximately '/ mile west of Country Club Road. ZC 2011- 02, and it include the following: "Trees with a minimum of 6 inch total in diameter shall be installed in the front yard, this may be accomplished by one 6 inch tree or multiple trees that add up to 6 inches in diameter, with no tree being smaller than 3 inches in caliper." A vote was taken and the motion passed 7-0. 4. Hold a Public Hearing and consider, and act upon, an amendment to Sections 2.09 & 2.10 of Ordinance 98-15 & Concept Plan of the Woodbridge Subdivision to increase the minimum dwelling size from 1,600 s.f. to 1,800 s.f. and to allow a minimum lot size of 5,500 s.f. ZC 2011-01 (R. 011ie, Planning Director) Minutes February 22, 2011 Wylie City Council Page 5 Staff Comments Planning Director 011ie addressed council stating that the subject property is part of the larger mixed use Woodbridge Planned Development (PD 98-15), which consists of single-family residential of varying densities, multifamily residential, a golf course, parks, commercial, a school site, and common open spaces. The entire Planned Development is 921 acres in size, of which approximately 409 acres and 1,650 single-family lots of the PD are located within the Sachse city limits. The portion of the PD located within the Wylie city limits is approximately 512 acres in size and includes a golf course, a school site, common and public open spaces, and approximately 980 single-family residential lots (SF-5.5, SF-7.2 and SF-8.4). 011ie explained that the intent of the subject amendment is to allow for a minimum lot size of 5,500 sq. ft. in order to provide for an increase in the minimum dwelling size from 1,600 s.f. to 1,800 s.f. on the remaining 24.381 acres. The subject tract is south of Woodbridge Phases 10D & 9, and located both within Dallas & Collin Counties. This amendment would only affect those lots platted after the approval date of this amendment. She reported that the currently approved PD Conditions set forth the development design standards of the subdivision. The original conditions for the subject tract allow for a minimum lot size of 8,400 s.f, whereas the proposed amendment would allow lot sizes of 5,500 s.f. 011ie reported with no questions for staff or the applicant and no questions from the audience, the Planning and Zoning Commission voted 7- 0 to recommend approval. Public Hearing Mayor Hogue opened the public hearing for Zoning Case 2011-02 at 8:00 p.m. asking anyone wishing to address council on this zoning case to come forward and limit their comments to -- three minutes. No one was present to address council. Mayor Hogue closed the public hearing at 8:00 p.m. Don Herzog (applicant), 800 E. Campbell Road, Suite 130, Richardson, TX 75081, addressed council showing a short presentation of his proposal. He requested the smaller lot size and larger home size to accommodate buyers and builders requesting this range of housing. He stated "the trend of today's homebuyer is not to invest in larger lots but to invest in larger homes that are designed to accommodate their lifestyles." He also requested revising the lots to 120 feet in depth and 50 feet wide for 80% of the proposed lots. Councilman Goss asked Mr. Herzog if he was losing any lots due to the proposed changes. Mr. Herzog replied he was gaining 10 to 15 lots in this zoning change. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to approve an amendment to Sections 2.09 & 2.10 of Ordinance 98-15 & Concept Plan of the Woodbridge Subdivision to increase the minimum dwelling size from 1,600 square feet to 1,800 square feet and to allow a minimum lot size of 5,500 square feet Zoning Case 2011-01. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tern Byboth, Councilwoman Spillyards, Councilman White, Councilman Porter and Councilman Jones voting for and Councilman Goss voting against. Minutes February 22, 2011 Wylie City Council Page 6 - . 5. Consider, and act upon, Ordinance No. 2011-05; amending Ordinance No. 2009-12 (consolidated fees and charges/fee schedule ordinance). Exhibit "A":, Section VIII(A)(Library Fees); Amending fax fees and interlibrary loan request fees; Adopting meeting room fees, providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption of this Ordinance. (R. Orozco, Library Director) Staff Comments Library Director Orozco addressed council stating that the Library Board approved a meeting room policy for the new library. She explained that while the library was located at the 800 Thomas Street location, the library had one room for public use, and was offered free of charge. In the new library, the Library Board is recommending different charges for not-for-profit and corporate entities. Orozco reviewed the proposed fees with the council and answered questions regarding the fees. She noted that the fees proposed were close to standards used by other libraries. Councilman Goss asked Library Director Orozco why there was a charge differential for not-for-profits versus corporations. Library Director Orozco replied that the Library Board chose to charge less for not- for-profits; the standard in most libraries is to waive charges or charge less for not-for-profits. Councilwoman Spillyards asked Ms. Orozco how the proposed fees compared to other municipal libraries. Library Director Orozco replied that the fees were very much in line with other libraries in the area, with the exception of not-for-profit room rentals which were waived in most libraries. She explained that the Library Board felt, due to the upscale style of the new meeting room, that some fee should be required. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Jones to adopt Ordinance No. 2011-0,5;, amcpding, Ordinance No. 2009-12 (Consolidated fees schedule), Exhibit "A". Section 1,(III (.. (Librar f s); Amending fax fees and interlibrary loan request fees; Adopting meeting r +om f s, provithVbr repealing, savings and severability clauses; providing for an effective date of ii •re..; ,,mince;tipKid providing for the publication of the caption of this Ordinance. A vote was taken : the n passed 7-0. READING OF ORDINAN -:---I. Title and caption ap `' dui`-a�'r' �tti -by Wylie City Charter, Article III, Section 13-D. City Secretary Ehr h j = -•-. s to Ordinances 2011-04 and 2011-05 into the official record. .44f''' WORK SESSION • Discussion regarding Concealed Handgun License Policy for the Wylie Municipal Complex and Wylie Government Meetings. (J. Butters, Assistant City Manager) Assistant City Manager Butters addressed council explaining the laws governing the carrying of .,, concealed weapons. He reviewed Government Code CH 411, Concealed License Handgun Regulations; Penal Code CH 30.06, Trespass by Holder of License to Carry; Penal Code CH 46.03, Places Weapons are Prohibited, and Penal Code CH 46.035, Unlawful carrying of handgun by license holder. Minutes February 22, 2011 Wylie City Council Page 7 Assistant City Manager Butters noted that council could direct staff to post a PC 30.06 warning so that license holders are prohibited from carrying concealed handguns at Wylie City Council Meetings or choose to direct staff not to post a PC 30.06 warning sign which effectively allows License Holders to carry concealed handguns at Wylie City Council Meetings. Direction to staff was to direct staff not to post a PC 30.06 warning sign at the Wylie Municipal Complex Council Chambers. • Discussion planning for new Municipal Complex Grand Opening. (J. Butters, Assistant City Manager) Members of the city council discussed the initial planning for the Wylie Municipal Complex Grand Opening. Council directed staff to form a committee consisting of all council members, City Manager Manson, Assistant City Manager Butters, City Secretary Ehrlich and Public Information Officer Kelly. They asked that a work session be planned in the very near future to begin the planning phase. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Goss, seconded by Councilman Jones to adjourn the meeting at 9:10 p.m. A vote was taken and the motion passed unanimously. Eric Hogue, Ma ATTEST: 4OF tiVp a # Caro a Ehrlich, S cretary 11!, Minutes February 22, 2011 Wylie City Council Page 8