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09-25-2012 (City Council) Minutes Wylie City Council CITY OF WYLIE q Minutes Wylie City Council Meeting Tuesday September 25, 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 Kathy Spillyards, Councilwoman Diane Culver, Councilman Nathan Scott, Councilman Rick White, Councilman Arnikaa Bennie Jones, and Councilman David Goss. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Police Chief, John Duscio; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Building Official, Dwight Lancaster; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE • Bruce Bauman, New Hope (WYWAM) Bruce Bauman, representing the New Hope Church, gave the invocation and Councilman Goss led the Pledge of Allegiance. PRESENTATIONS • National Night Out Mayor Hogue presented a proclamation to Police Chief John Duscio designating October 2, 2012 as National Night Out. Chief Duscio invited residents to turn their porch lights on and join other residents in Olde City Park on October 2, 2012 at 6:00 p.m. for the 29th Annual National Night Out. Minutes September 25, 2012 Wylie City Council Page 11 • Proclamation declaring October 7-13,2012 Fire Prevention Week Mayor Hogue presented a proclamation to Fire Marshal Seddig designating October 7th through the 13th as Fire Prevention Week. Fire Marshal Seddig stated that fire department staff would be visiting all the schools to promote fire safety during that week. • Ovarian Cancer Awareness Proclamation Mayor Hogue presented a proclamation to representatives of the American Cancer Society Relay for Life of Wylie, Sachse, and Murphy recognizing Ovarian Cancer Awareness Month and a special proclamation to cancer survivor Amy Jones. 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 citizen's 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 September 11, 2012 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 Report for August 30, 2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for August 30, 2012. (L. Bantz, Finance Director) D. Consider, and place on file, the WEDC Financial Report for August 30, 2012. (S. Satterwhite, WEDC Executive Director) E. Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. (L. Fagerstrom, HR Manager) F. Consider, and act upon, Resolution No. 2012-32(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities. (L. Bantz, Finance Director) .. Minutes September 25, 2012 Wylie City Council Page I2 Council Action A motion was made by Councilman White seconded by Councilman Scott 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 PD 2003-18, Section 5.b.i to re-establish the front and rear yard setbacks for the Townhouse (TH) District. ZC2012-09 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject property is part of the larger 121 acre Wylie Lakes Planned Development (PD 2003-18), which is a mixed use development including single- family, townhouse, commercial and open space lots. The Final Plat for Phase 1 B was approved by council in August 2005 and included 13.287 acres and created 55 single-family attached townhouse lots and 5.479 acres of dedicated open space. 011ie explained the development standards of the PD referred to the zoning ordinance in place at the time, which allowed for front yard setbacks of 15 feet with a rear setback of 25 feet. However, at the time of construction, the developer set the front yard as 20 feet in order to allow for a gentler slope. This accommodation slid the entire house back 5 feet into the rear setback. The lot length narrowed from west to east by approximately 5 feet, which also aided in the potential for encroachment. 011ie explained the error was detected by Building Inspections and brought it to the attention of the Planning staff approximately one month ago when performing a foundation inspection. 011ie explained that this could have been considered by the board of adjustment and specifically address only those lots that encroached the rear yard; however, after further discussion it was determined that this was indeed a matter for the commission and council and processed as a Public Hearing to amend the PD; as the error did not fit the criteria for board of adjustment. 011ie reported the zoning commission voted 6-0 to recommend approval. Approval of this change will allow property owners to be legally conforming lots for those that have built as non-conforming due to the error. Developer/Council Discussion Councilman Goss asked if the city owned fault with this error. Planning Director 011ie replied yes the city did. Councilwoman Culver had issue with the errors that were made and not caught by the builder. She stated that she had issue with approving changes after the fact. 011ie replied that all 36 could be changed to the proposed set back or the council could approve only those completed or under construction; leaving the empty lots to follow the original setbacks. She noted that the front setbacks would appear different in this case. Jerry Sylo with JBI Partners, representing D.R. Horton, addressed council stating that the error was an innocent mistake and apologized for the error. All construction has ceased until the issue is resolved. He explained on the lots not built yet, the lots may remain with the original setback; however, the homeowners who have homes or are under construction on the lot, through no fault of their own, would have to go to the board of adjustments for a variance. D.R. Horton is requesting to take the responsibility for that error and remediate the issue by either re-setting the setbacks for all lots or at least the lots under construction or completed. Minutes September 25, 2012 Wylie City Council Page 13 City Manager Manson explained that there were steps in place to confirm setbacks and other PD requirements between the Planning Department and the Building Department so more eyes would be on the projects and eliminate this from happening in the future. Public Hearing Mayor Hogue opened the public hearing on ZC 2012-09 at 7:07 p.m. asking anyone present wishing to address council to come forward and limit their comments to three minutes. No one was present to address council during the public hearing. Mayor Hogue closed the public hearing at 7:07 p.m. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to approve an amendment to PD 2003-18 to allow for a 20' front and rear setback for Block E, Lots 5-44; 48- 53. Lots 45-47 and 54-59 must adhere to the original setbacks as set forth in PD 2003-18 with a front setback of 15' and a rear yard setback of 25'. (ZC 2012-09) A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Ordinance No. 2012-29 amending Subsection 7 (Number of Members; Appointment; Terms) and Subsection 8 (Board Member's Qualifications) of Ordinance No. 2006-37 establishing the Public Art Program and Public Art Advisory Board. (C. Ehrlich, City Secretary) Staff Comments Public Art Advisory Board Liaison Ehrlich addressed council stating that on June 13, 2006 the Wylie City Council adopted Ordinance No. 2006-37 establishing, among other things the City of Wylie Public Art Program and Public Art Advisory Board. Section 7 of the ordinance speaks to number of members, appointments and terms. Under terms, the ordinance states: "It is further provided that no member may serve more than three (3) consecutive terms on the Public Art Advisory Board." In soliciting for members in 2012, there were two seated board members who could not re-apply due to term limits. These board members are willing and able to serve. Ehrlich explained Section 8 of Ordinance No. 2006-37 requires each applicant for the Public Art Advisory Board to be a qualified voter "of the city." This requirement has restricted some very qualified applicants from applying, due to their residency in a surrounding city. Staff is requesting "in the city" be removed to allow any registered voter to serve on the board based on experience with the arts. It is still at the council's pleasure to appointment Wylie qualified voters when available but would increase the pool of applicants each year. Currently the City has eight boards of which Planning and Zoning, Construction Code Board, ZBOA, and Public Arts Advisory Board require "a qualified voter in the City." The Animal Advisory Board, Parks and Recreation Board, and Library Board only require the applicant to be a "qualified voter." Mayor Hogue had some concern with having too many"out of city" members on the board. He suggested the ordinance read at least four members must be qualified voters of the City and three may be qualified voters. Councilman Goss concurred that he had some concern with "out of city" board members; however, he did understand the need for applicants. Ehrlich responded that in years when the applicant pool was high, the council selection panel could recommend Wylie qualified voters, but in years when applications were few the option of "qualified voters" might increase the applicant pool. Councilwoman Minutes September 25, 2012 Wylie City Council Page 14 Culver suggested the interview panel give more weight to applicants that are in the city limits during the recommendation process. Mayor Pro Tem Spillyards commented that she had served on the art board and felt this board in particular was hard to attract applicants that qualified. She questioned why this particular board had term limits yet most others did not. Having served on this board, other boards, and the interview panel she suggested making the boards more uniform in qualifications. Council Action A motion was made by Councilman Scott, seconded by Councilman Jones to adopt Ordinance No. 2012-29 amending Subsection 7 (Number of Members; Appointment' Terms) and Subsection 8 (Board Member's Qualifications) of Ordinance No. 2006-37 establishing the Public Art Program and the Public Art Advisory Board. A vote was taken and the motion passed 6-1 with Mayor Pro Tern Spillyards, Councilman Goss, Councilman Scott, Councilman Jones, Councilman White and Councilwoman Culver voting for and Mayor Hogue voting against. 3. Consider, and act upon, Resolution No. 2012-33(R) approving the terms and conditions of a software agreement by and between the City of Wylie and Integrated Computer Systems Inc. (ICS); the sole source provider of MDC mapping software and software service; authorizing its execution by the City Manager and providing an effective date. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed council stating that this request was an extension of the existing CAD system and vehicle location system. Dispatch will be able to locate closest respondent to each call. Another feature the software provides is the specific location and directions of the calls once the GIS is updated. Chief Corbin reported the cost of the software is $52,912.50 which includes installation, training and maintenance for the first year. Councilman Goss asked if the figures for software service and support was $10,582.50 beginning in year two (FY 2013-14) and Software Service Agreements are estimated to increase at a 9.5% rate annually. Chief Corbin responded that this system was the best, in the opinion of the Police Chief and himself, and noted that there were representatives checking the software on site every couple of weeks. Councilman Scott asked if there was any insulation against the price adjustments. Chief Corbin stated there was not but staff had worked closely with the company and principals and they were very responsive to staff. He felt this long term relationship would assist in lowering price increases in the future. Council Action A motion was made by Councilman White, seconded by Councilman Goss to adopt Resolution No. 2012-33(R) approving the terms and conditions of a software agreement by and between the City of Wylie and Integrated Computer Systems, Inc. (ICS); the sole source provider of MDC mapping software and software service; authorizing its execution by the City Manager and providing an effective date. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, approving the Financial Management Policies. (L. Bantz, Finance Director) Minutes September 25, 2012 Wylie City Council Page 15 Staff Comments Finance Director Bantz addressed council stating that the purpose of the Financial Management Policies is to formalize financial guidelines for the City. They will assist city staff in planning and directing the City's financial affairs and provide a document that codifies these policies in one place. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tern Spillyards to approve the Financial Management Policies for the City of Wylie. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, Ordinance No. 2012-30, repealing Ordinance No. 2008-17; adopting the 2012 Edition of the International Building Code for Commercial Buildings, save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (D. Lancaster, Building Official) Staff Comments Building Official Lancaster addressed council stating that in the interest of advancing uniformity in efficient design and safety of building systems by promoting a common code regionally; the North Central Texas Council of Governments encourages member jurisdictions in North Central Texas to adopt the recommended codes along with their respective regional amendments. Lancaster reported that upon completion of a 120 day moratorium of February 1, 2013, these codes, standards and guidelines shall be inclusive of: Local amendments as deemed needed or necessary and any and all errata as issued during the adoption cycle. Building Official Lancaster noted the next 10 items are specific ordinances amending the individual codes for consideration by the council. Council Action A motion was made by Councilman White, seconded by Councilman Goss to approve Ordinance No. 2012-30, repealing Ordinance No. 2008-17; adopting the 2012 Edition of the International Building Code for Commercial Buildings, save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, Ordinance No. 2012-31, repealing Ordinance No. 2001-08, save and except the amendments to Ordinance No. 84-11, and adopting the 2012 Edition of the International Existing Building Code; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (D. Lancaster, Building Official) Minutes September 25, 2012 Wylie City Council Page 16 Council Action A motion was made by Councilwoman Culver, seconded by Councilman Goss to approve Ordinance No. 2012-31, repealing Ordinance No. 2001-08, save and except the amendments to Ordinance No. 1984-11, and adopting the 2012 Edition of the International Existing Building Code; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 7-0. 7. Consider, and act upon, Ordinance No. 2012-32 repealing Ordinance No. 2008-13; adopting the 2009 Edition of the International Energy Conservation Code, save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (D. Lancaster, Building Official) Council Action A motion was made by Councilman Scott, seconded by Councilman White to approve Ordinance No. 2012-32 repealing Ordinance No. 2008-13; adopting the 2009 Edition of the International Energy Conservation Code, save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 7-0. 8. Consider, and act upon, Ordinance No. 2012-33 repealing Ordinance No. 2009-47; adopting the 2012 Edition of the International Fire Code; save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (D. Lancaster, Building Official) Council Action A motion was made by Councilman Goss, seconded by Councilman White to approve Ordinance No. 2012-33 repealing Ordinance No. 2009-47; adopting the 2012 Edition of the International Fire Code; save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 7-0. 9. Consider, and act upon, Ordinance No. 2012-34 repealing Ordinance No. 2008-14; adopting the 2012 Edition of the International Fuel Gas Code; save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (D. Lancaster, Building Official) Minutes September 25, 2012 Wylie City Council Page 17 Council Action A motion was made by Councilman White, seconded by Councilman Scott to approve Ordinance No. 2012-34 repealing Ordinance No. 2008-14; adopting the 2012 Edition of the International Fuel Gas Code; save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 7-0. 10. Consider, and act upon, Ordinance No. 2012-35 repealing Ordinance No. 2008-15; adopting the 2012 Edition of the International Mechanical Code; save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (D. Lancaster, Building Official) Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman White to approve Ordinance No. 2012-35 repealing Ordinance No. 2008-15; adopting the 2012 Edition of the International Mechanical Code; save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 7-0. . . 11. Consider, and act upon, Ordinance No. 2012-36 repealing Ordinance No. 2008-16; adopting the 2012 Edition of the International Plumbing Code; save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (D. Lancaster, Building Official) Council Action A motion was made by Councilman Goss, seconded by Councilwoman Culver to approve Ordinance No. 2012-36 repealing Ordinance No. 2008-16; adopting the 2012 Edition of the International Plumbing Code; save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 7-0. 12. Consider, and act upon, Ordinance No. 2012-37 repealing Ordinance No. 2005-59; adopting the 2012 Edition of the International Property Maintenance Code; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (D. Lancaster, Building Official) Minutes September 25, 2012 Wylie City Council Page 18 Council Action A motion was made by Councilman White, seconded by Mayor Pro Tem Spillyards to approve Ordinance No. 2012-37 repealing Ordinance No. 2005-59; adopting the 2012 Edition of the International Property Maintenance Code; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 7-0. 13. Consider, and act upon, Ordinance No. 2012-38 repealing Ordinance No. 2008-12; adopting the 2012 Edition of the International Residential Code; save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (D. Lancaster, Building Official) Council Action A motion was made by Councilman Goss, seconded by Mayor Pro Tern Spillyards to approve Ordinance No. 2012-38 repealing Ordinance No. 2008-12; adopting the 2012 Edition of the International Residential Code; save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the "ag" publication of the caption hereof. A vote was taken and the motion passed 7-0. 14. Consider, and act upon, Ordinance No. 2012-39 adopting the 2012 Edition of the International Swimming Pool and Spa Code; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (D. Lancaster, Building Official) Council Action A motion was made by Councilwoman Culver, seconded by Mayor Pro Tern Spillyards to approve Ordinance No. 2012-39 adopting the 2012 Edition of the International Swimming Pool and Spa Code; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tern Spillyards, Councilwoman Culver, Councilman Jones, Councilman Scott, and Councilman White voting for and Councilman Goss voting against. 15. Consider, and act upon, Ordinance No. 2012-40 repealing Ordinance No. 2005-65; adopting the 2011 Edition of the National Electric Code; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (D. Lancaster, Building Official) Minutes September 25, 2012 Wylie City Council Page 19 Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to approve Ordinance No. 2012-40 repealing Ordinance No. 2005-65; adopting the 2011 Edition of the National Electric Code; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 7-0. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinance No.'s 2012-29 through 2012-40 into the official record. Mayor Hogue convened into Work Session at 8:25 p.m. WORK SESSION • Hold a Work Session to discuss potential development of approximately 320 acres generally located south of Sachse Road and west of Pleasant Valley. (Bruner-Groves and SW Medical Tracts). (R. 011ie, Planning Director) Planning Director 011ie addressed council stating that this discussion was for a potential development of approximately 320 acres generally located south of Sachse Road and west of Pleasant Valley for a mixed use development. The Southwest Medical portion has been approved for planned development. Most of the property is within the incorporated City but approximately 64 acres would need to be annexed in order to entertain zoning on this property. Staff has met with the developer on several occasions but wanted to have an opportunity to address some of the issues dealing with the property such as easements and the re-alignment of Pleasant Valley. 011ie explained that staff was seeking direction from council before moving forward with the developer. Ron Haines, representing The Haines Company, 3112 Hanover, Dallas, addressed council stating that he was a single family developer, in business for the past 30 years. Mr. Haines explained that now that the housing business has begun to recover, he was looking at more projects to do. He found the Southwest Medical property already approved as a planned development and researched out from there. He noted that D.R. Horton had contracted for the property adjacent to this planned development and felt the overall planning between D.R. Horton and The Haines Company would be an appealing master plan. He stated this was a preliminary proposal and he and D.R. Horton were aware of the great importance it was to the City and council. He noted the work session was to receive input from the council regarding the property development. Jerry Sylo, representing D.R. Horton, addressed council displaying a proposal for the 320 acre tract including the re-alignment of Pleasant Valley Road; one lane each direction using the waterline as a median and connecting the road with traffic circles. The proposal included 8,500 square foot, and up, lot sizes with a minimum home size of 2,500 square feet, leaving as much open land in the greenbelts and flood plains as possible, to include walking trails and other amenities. Minutes September 25, 2012 Wylie City Council Page I10 Choya and Alexis Tapp, Cheryl and Al Stufft, and Steven Montgomery spoke in favor of larger lots. Direction from council was not to use the proposed traffic circles as a means to slow traffic; larger lots and custom homes with higher price points. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 9:26 p.m. ADJOURNMENT A motion was made by Councilman Jones, seconded by Councilwoman Culver to adjourn the meeting at 9:27 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, May ATTEST: irk Ca le Ehrlich, • y Secretary "+ '"�Q�` •- 4gf co�oa�oo-Are OF � 4 Minutes September 25, 2012 Wylie City Council Page 111