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04-10-2012 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday April 10, 2012 — 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. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; Fire Chief, Randy Corbin; Human Resource Manager, Lynn Fagerstrom; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Jeff Denton, representing Waterbrook Bible Fellowship, gave the invocation and Councilman Jones led the Pledge of Allegiance. PRESENTATIONS • Recognition of employees celebrating milestone years of service to the City of Wylie. (L. Fagerstrom) Mayor Hogue presented appreciation plaques to the following employees celebrating milestones with the City of Wylie. Sam Satterwhite, WEDC Executive Director— 16 years Scottie Robbins, Library Technician — 15 years Jennifer Hollien, Community Center Monitor— 10 years Joseph Tidwell, Engineering Constructions Supervisor— 10 years • Promotion pinning for Officer Stephen Coomer& Officer Anthony Henderson. (J. Duscio, Chief of Police) Minutes April 10, 2012 Wylie City Council Page 1 Mayor Hogue and Police Chief John Duscio presented promotional badges to the following Wylie officers. Anthony Henderson— promoted from Sergeant to Patrol Lieutenant Stephen Coomer— Patrol Officer to Sergeant Mrs. Melody Henderson and Mrs. Kandi Coomer were present to perform the pinning. 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 to address 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 March 27, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Preliminary Plat creating 4 commercial lots on 4.112 acres for The Shops of Northern Wylie,Block A,Lots 1-4. Subject property generally located southwest of Parker Road (F.M. 2514) and Country Club Road (FM 1378). (R. 011ie, Planning Director) C. Consider, and act upon, Resolution No. 2012-12(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County and the City of Sachse concerning the construction of the Woodbridge Parkway Improvements. (C. Hoisted, City Engineer) 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 and consider, and act upon, amending the zoning from Agricultural District (AG/30) to Planned Development-Agricultural 30 District (PD- AG/30) on 10 acres (Collin County Humane Society Addition), generally south of E. Brown Street and east of Kreymer Lane. ZC 2012-04 (R. 011ie, Planning Director) Minutes April 10, 2012 Wylie City Council Page 2 Councilwoman Spillvards announced she had a conflict of interest regarding Item #1 and would remove herself from the room for all discussion on this item. Staff Comments Planning Director 011ie addressed council stating that the subject lot, located south of Brown Street and east of Kreymer Lane, is 10 acres in size and is currently zoned AG/30. The owner/applicant is requesting to rezone the property to PD-AG/30 to allow for an animal adoption and boarding facility. Planning Director 011ie explained that the applicant, Collin County Humane Society; a non-profit, non- governmental private entity was requesting to rezone the 10 acre tract to accommodate a private animal rescue, rehab, adoption facility, with a proposed animal clinic/hospital use. The property is currently zoned AG/30 and has been used for agricultural purposes for several years. Properties immediately to the east and west are zoned AG/30 with the property to the east and south being vacant. Properties immediately to the north across Brown Street are also zoned AG/30 with minimum one acre lots and are single family dwellings. Lots to the north and slightly east are zoned SF-10/24 with minimum lot sizes of 8,500 square foot and used for single family residential purposes. Development of the entire 10 acres is limited due to utility infrastructure and other natural constraints. 011ie noted that sixteen (16) notifications were mailed to property owners within 200 feet of the subject property in accordance with State Law. As of April 4, 2012 eight (8) responses were received opposing the request and one (1) in favor of the request. The eight responses received in opposition represents twenty (20%) percent of the land immediately adjoining and extending 200' as defined by Section 211.006(d) of the Texas Local Government Code, thus requiring a super-majority(6 affirmative) vote of the Governing Body to approve this request. Applicant Discussion Molly Peterson (Collin County Humane Societv2, 209 Lakehurst Drive, Wylie, addressed council explaining some of the items that had been prepared for the Planned Development to insure noise would not be an issue. She also discussed the design of the building and noted that at some point the plan was to add a dog park. She explained that the dogs would be let out in groups during the day for play time in areas with minimum 6 foot high concrete block walls to limit the transmission of noise. No dogs would be allowed outside in the evenings. All exterior walls and interior walls will be constructed of concrete masonry unit block for sound control and durability. Sound-absorbing acoustic materials will also be applied to interior walls and to all ceilings in the animal areas. The architectural of Hinojosa Architecture and Interior Design spoke to council regarding the design of the building. Gregory Bracci, Electrical Engineer specializing in acoustics and sound issues, addressed council regarding traffic on a four lane Brown Street versus barking dogs and reported that currently traffic noise on Brown Street is at higher decibel and above the Wylie noise ordinance. He noted that in testing noise at current Humane Society facilities the decibels were well below the ordinance requirements and would be undetectable due to traffic noise. Applicant Molly Peterson addressed council stating that she had listened to the concerns of the residents and Oncor and tried to address these concerns; however, the most important concern was"we don't want it here." Peterson stated that she wanted the opportunity for council to see the product the Humane Society was proposing; however, she was requesting that the zoning case be withdrawn to find a better suited property with the support of the council and the citizens of Wylie. Mayor Hogue asked Ms. Peterson to put her withdrawal in writing. Ms. Peterson gave her written withdrawal for Zoning Case#2012-04 to the Mayor for consideration. Minutes April 10, 2012 Wylie City Council Page 3 Mayor Hogue announced that the applicant had filed a letter of withdrawal but since the public hearing had been posted he would open the public hearing to allow any residents wishing to speak to do so. Public Hearing Mayor Hogue opened the public hearing at 7:30 p.m. asking anyone present wishing to address council to come forward and keep their comments to three minutes. Many of the property owners within 200 feet of the subject property spoke in opposition of the zoning request. Several property owners outside the 200 feet also spoke in opposition of the zoning request. Several citizens spoke in favor of the zoning case. With no one else wishing to speak, Mayor Hogue closed the public hearing at 7:50 p.m. Mayor Hogue announced there was a withdrawal on file for Zoning Case #2012-04. He asked council if there was a motion. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Culver to accept the withdrawal by Molly Peterson, Collin County Humane Society, for Zoning Case#2012-04. A vote was taken and the motion passed 6-0-1 with Councilwoman Spillyards abstaining. Councilwoman Spillyards was not able to submit a Conflict of Interest Affidavit under Chapters, 171 or 176 of the Local Government Code; therefore, per the Wylie Charter, Councilwoman Spillyards' vote is considered a "yes"vote. The motion to withdraw passed 7-0. 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2012-11 adopting Standards of Care for Youth Programs. (R. Diaz, Parks& Recreation Superintendent) Staff Comments Wylie Parks Superintendent Diaz addressed council stating that since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly and adopted as an ordinance in order to comply with the Texas Human Resources Code, Section 42.041 (b)(14). The statute determines that the City will become exempt from any licensing requirement from the Texas Department of Protective and Regulatory Services if City adopts Standards of Care establishing the following, at a minimum: 1. Staff Ratios 2. Minimum Staff Requirements 3. Minimum facility, health, and safety standards 4. Monitoring and enforcement mechanisms for adopted local standards 5. A process to notify parents that the program is not licensed by the State 6. A policy that the program will not be advertised as a childcare facility Staff has made no changes to the current version of the ordinance. Included with this report is the end of camp report from 2011 for review. The ordinance and Standards of Care provides the necessary guidelines for the regulation of the summer youth program, the Wylie Wave, as required by Texas Human Resources Code, Section 42.041 (b)(14). ----n Minutes April 10, 2012 Wylie City Council Page 4 Mayor Hogue opened the public hearing on Item#2 at 8:02 p.m. asking anyone present wishing to address council to come forward and limit their comments to three minutes. No one was present wishing to address council on Item#2 Standards of Care. Mayor Hogue closed the public hearing at 8:02 p.m. Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve Ordinance No. 2012-11 adopting Standards of Care for Youth Programs. A vote was taken and the motion passed 7-0. General Business 3. Consider, and act upon, the appointment of a board member to the North Texas Municipal Water District Board to fill an expired term of June 1, 2012 to May 31, 2014. (C. Ehrlich, City Secretary) Staff Comments City Manager Manson addressed council stating that the Board of Directors of North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member cities for assuring that NTMWD operations occur in AN accordance with state and federal law, in alignment with NTMWD policy, and in the best interests of the cities receiving services. Marvin Fuller is currently a NTMWD board member representing Wylie. He has indicated he would be willing to serve another term. Councilman Jones asked if other candidates could be considered for this position. City Secretary Ehrlich replied that they could, but the North Texas Municipal Water District had requested that members serve extended terms thereby gaining experience and knowledge of the history and processes of the district and laws governing them. Mr. Marvin Fuller was present and addressed council stating that many of the board members from member cities had served for many years. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to appoint Marvin Fuller to the North Texas Municipal Water District Board of Directors to serve an additional term beginning June 1, 2012 and ending May 31, 2014. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, approval of Resolution No. 2012-13(R) requesting Collin County to reallocate $500,000.00 from the 2007 Collin County Transportation Bond Program to be used on various other road improvement projects inside Wylie city limits. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed council stating that the Collin County staff and Collin County Commissioner Cheryl Williams initiated and held discussions over the past several months with City Minutes April 10, 2012 Wylie City Council Page 5 management and staff concerning joint participation on various road improvements in respective "M jurisdictions. In Wylie's jurisdiction, the City's participation would cost $501,715.07 to improve the following roadways: Lake Road, Skyview Road/Paul Wilson, Wheelis Road (CR 1105), and CR 437. Sferra explained the funding was county funding left from the construction of Stone Road, and the roadways to be improved were joint participation on road improvements in city/county jurisdictions. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Culver to approve Resolution No. 2012-13(R) requesting Collin County to reallocate $500,000 from the 2007 Collin County Transportation Bond Program to be used on various other road improvement projects inside Wylie city limits. A vote was taken and the motion passed 7-0. READING OF ORDINANCES City Secretary Ehrlich read the caption to Ordinance No. 2012-11 into the records. WORK SESSION • Discussion regarding Wylie Recreation Center 7-11 childcare program update. (R. Diaz, Park& Recreation Superintendent) Parks Superintendent Diaz gave a short report on the progress of the new 7-11 childcare program at the Recreation Center. Diaz reported that the service was open Tuesdays and - Thursdays from 5:00 p.m. to 9:00 p.m. and Saturdays from 9:00 a.m. to noon. The program was averaging 5.05 individual children per day. Revenues from January to April 2012 totaled $86.00 from punch cards and drop-in care. Diaz reported the findings had been presented to the Parks Board and he was asking for direction from council. Direction from council was to continue the program as currently scheduled and report back in August 2012. RECONVENE INTO REGULAR SESSION Take any action as a result of executive session. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilman White to adjourn the meeting at 8:35 p.m. A vote was taken and the motion passed 7-0. OF ViT•i,\ -• • ` , Mayo ATTEST' co. tn c%r Car e Ehrlich, ' y Secretary -:� a/I'A Minu Wyl i�`�•L'�,: otoA .14 •188?• -ATi of VW"