10-22-2013 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, October 22, 2013 — 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 Carole Ehrlich took roll
call with the following City Council members present: Mayor pro tem Rick White, Councilwoman
Diane Culver, Councilman Bennie Jones, Councilman Todd Wintters, Councilman Nathan Scott,
and Councilman Keith Stephens.
Staff present included: City Manager, Mindy Manson; City Engineer, Chris Hoisted; Planning
Director, Renae 011ie; Police Chief, John Duscio; Finance Director, Linda Bantz; City Secretary,
Carole Ehrlich; PIO, Craig Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Hogue gave the invocation and City Manager Manson led the Pledge of Allegiance.
PRESENTATIONS
• Presentation for Municipal Court Week November 4-8
Mayor Hogue presented a proclamation designating the week of November 4th through the 8th as
Municipal Court Week. Municipal Court Supervisor Lisa Davis and Deputy Court Clerk Alexa
Foster were present to accept the proclamation.
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.
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Bobby Heath, representing the Wylie Downtown Merchants Association, invited council and those
present to attend the Boo on Ballard; a Halloween event hosted by the downtown merchants to be
held Thursday, October 24, 2013 in Historic Downtown Wylie.
Donald Satchell and Warren Lewis, both Wylie residents, spoke to council about the need for a
recall election for two council members.
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 October 8, 2013 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and place on file, the City of Wylie Preliminary Monthly Revenue and
Expenditure Report for September 30,2013. (L. Bantz, Finance Director)
C. Consider, and place on file, the City of Wylie Monthly Investment Report for
September 30,2013. (L. Bantz, Finance Director)
D. Consider, and place on file, the WEDC Financial Report for September 30, 2013. (S.
Satterwhite, WEDC Executive Director)
E. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement
with Collin County and the Rita and Truett Smith Public Library for library services
for fiscal year 2013-2014 in the amount of$29,652.42. (R. Orozco, Library Director)
F. Consider, and act upon, approval of a Final Plat for Caliber Collision Addition Lot 1,
Block A, establishing one commercial lot on 2.00 acres, generally located on Westgate
Way just north of FM 544. (R. 011ie, Planning Director)
G. Consider, and act upon, approval of a Preliminary Plat for Creekside South
Apartments, Lot 1, Block A, creating a single lot, for the development of a 252 unit
multi-family complex, generally located north of McMillen Road and west of Lewis
Drive within the Creekside Subdivision. Property zoned PD 99-32-MF. (R. 011ie,
Planning Director)
H. Consider, and act upon, approval of a Preliminary Plat for Kreymer Estates Phase II
consisting of 23.171 acres for 60 single family residential lots and 2 open space lots
dedicated to the City of Wylie, generally located west of W.A. Allen Boulevard, south of
E. Brown Street. (R. 011ie, Planning Director)
I. Consider, and act upon, Ordinance No. 2013-40, amending the Comprehensive Zoning
Ordinance of the City of Wylie, as heretofore amended, so as to change the zoning on
the hereinafter describe property, zoning case number 2013-06; repealing Ordinance
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No. 2007-35-neighborhood services (PD-NS), containing 4.86± acres of land situated in
the City of Wylie, Collin County, Texas at the northeast corner of Collins Boulevard
and FM 544, and being 1151 and 1155 Collins Boulevard, and also being described as
Lot 1 and Lot 2 of Block E in the Lake Trails of Bozman Farm Addition as recorded as
document #2004-0041078 in the plat records of Collin County, Texas and placing the
same in the zoning classification of Planned Development Single Family Detached
District (PD 2013-40-SF) to accommodate the continuation of Single Family Residential
Subdivision (PD 2002-52); providing for repealing, savings and severability clauses;
providing for a penalty for the violation of this ordinance; providing for an effective
date of this ordinance; and providing for the publication of the caption hereof. (R.
011ie, Planning Director)
J. Consider, and act upon, the approval of the purchase of three (3)vehicles from Reliable
Chevrolet in an estimated amount of $105,000 through a cooperative purchasing
contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the
City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent)
K. Consider, and act upon, the rescindment of agenda Item H of the October 8, 2013
Council Meeting for the purchase of six (6) vehicles from Reliable Chevrolet in an
estimated amount of$139,402 through a cooperative purchasing contract with the State
of Texas Smart Buy Program No. 071-Al. (G. Hayes, Purchasing Agent)
111 L. Consider, and act upon, the approval of the purchase of five (5) Police Impala vehicles
from Reliable Chevrolet in an estimated amount of $110,000 through a cooperative
purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and
authorizing the City Manager to execute any necessary documents. (G. Hayes,
Purchasing Agent)
M. Consider, and act upon, the approval of the purchase of Liability, Auto, Errors &
Omissions, Law Enforcement Liability, Real & Personal Property, and Workers
Compensation insurance in the amount of $370,289 from Texas Municipal League
Intergovernmental Risk Pool for fiscal year 2013-14, and authorize the City Manager to
execute any necessary documents. (G. Hayes, Purchasing Agent)
N. Consider, and act upon, Resolution 2013-24(R) determining a public necessity to
acquire certain properties for public use by eminent domain for rights-of-way (in fee
simple), drainage easements and related improvements for the construction, access,
repair, maintenance and replacement of and/or improvements to the Ballard Avenue
Project (from Alanis Drive to the Collin County line); giving notice of an official
determination to acquire properties for rights-of-way (in fee simple), drainage
easements and related improvements for the Ballard Avenue Project (from Alanis drive
to the Collin county line); authorizing the City Manager of the City of Wylie, Texas to
establish procedures for acquiring the rights-of-way (in fee simple), drainage easements
and related improvements, offering to acquire the rights-of-way (in fee simple),
drainage easements and related improvements voluntarily from the landowners
through the making of bona fide offers; authorizing the use of eminent domain to
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condemn; appropriating funds. (C. Holsted, City Engineer)
O. Consider, and act upon, Resolution 2013-25(R) determining a public necessity to
acquire certain properties for public use by eminent domain for rights-of-way (in fee
simple), drainage easements, temporary construction easements and related
improvements for the construction, access, repair, maintenance and replacement of
and/or improvements to the country Club Road (FM 1378) project (from N. Parker
Road to S. Parker Road); giving notice of an official determination to acquire
properties for rights-of-way (in fee simple), drainage easements, temporary
construction easements and related improvements for the Country Club Road (FM
1378) Project (from N. Parker Road to S. Parker Road); authorizing the City Manager
of the City of Wylie, Texas to establish procedures for acquiring the rights-of-way (in
fee simple), drainage easements, temporary construction easements and related
improvements , offering to acquire the rights-of-way (in fee simple), drainage
easements, temporary construction easements and related improvements voluntarily
from the landowners through the making of bona fide offers; authorizing the use of
eminent domain to condemn; appropriating funds; providing for repealing, savings
and severability clauses and providing for an effective date. (C. Holsted, City Engineer)
P. Consider, and act upon, approval of Ordinance No. 2013-41 creating a construction
work zone for traffic and temporarily reducing the rate of speed therein, on Stone Road
from Akin Lane to W.A. Allen Boulevard and on FM 544 from Stone Road to Collins
Boulevard, in the city limits of the City of Wylie; defining the speed limit, requiring the
placement of signs; declaring what may be a sufficient complaint in prosecutions
hereunder; providing for a penalty for the violation of this ordinance; providing for
severability, savings and repealing clauses; and providing for an effective date of this
ordinance. (C. Holsted, City Engineer)
Q. Consider, and act upon, authorizing the City Manager to sign a Development
Agreement between the City of Wylie and Laer Trams — Wooded Creek Wylie, LLC,
for the development of Wooded Creek Phase 2. Located east of Wooded Creek Avenue
and north of Lakeside Drive. (R. 011ie, Planning Director)
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Wlntters 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 the Zoning Ordinance
regarding amendments to: Article 4 (Nonresidential Standards), Article 5 (Use
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Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7 (General
Development Regulations) of the City of Wylie Zoning Ordinance No. 2001-48, as
amended, related to parking requirements; and Article 3 (Residential Development
Regulations) and Article 6 (Special Purpose and Overlay District) of the City of Wylie
Zoning Ordinance No. 2001-48, as amended, related to fences. (R. 011ie, Planning
Director)
Staff Comments
Planning Director 011ie address council stating that the Zoning Ordinance has rules and requirements for
vehicle parking within the City of Wylie. Staff regularly reviews various sections of the Ordinance and
updates are recommended to reflect current conditions within the City, recognize real world changes that
may affect the application of the Ordinances, adjust for technological advances, and clarify wording that
may have been, or has become, unclear. This section deals with recommended updates to the parking
Ordinance and Fence requirements.
011ie introduced Planner Jasen Haskins to present recommended amendments to the parking and fencing
sections of the Comprehensive Zoning Ordinance. Parking - Haskins explained that the objectives of the
update are to simplify and unify parking regulations and calculations and reduce, where practical, the
amount of required parking. Additionally this will increase the amount of developable land within the City.
Consideration was also given to implementing sound alternative parking standards.
Staffs first objective was to simplify the calculations required to determine minimum parking for a given use.
Currently there are eight different ways that are used to calculate required parking depending on the use.
1. Square footage of the building(s)
2. Square footage of the entire site
3. Number of employees
4. Number of seats
5. Fixed number based on Specific Use
6. Variable number based on Specific Use
7. Site Plan review
8. Various combinations of the above
The proposed amendments reduce these eight to two:
1. Square footage of the building(s)
2. Site Plan review
Haskins displayed current usage of parking lots for all categories of commercial, indicating the large amount
of un-used parking. He then displayed the recommended changes and how the percent of un-used parking
spaces is decreased and can be better utilized for development. He stated that in comparing the City's
current parking requirement to other cities, he found that requirements were overstating the number of
spaces needed for a majority of the various uses. Based on the research staff recommends that the
required parking for most uses listed in the Zoning Ordinance be reduced.
As for the third objective, reducing the required parking could increase the value of the developable land
within the City and that densities can increase, where appropriate. Undeveloped commercial or industrial
land can develop at higher densities because less room will be required for parking. In addition, certain
existing developments within the City could redevelop land currently used as parking.
Haskin reported that in the recommendations, alternative residential parking would be acceptable on a case
by case basis for certain types of sod parking as an additional parking alternative. This parking would not
take the place of primary concrete parking but could be used for additional parking on the side, back or front
of the residence.
Planner Haskin noted based on the research, staff recommends that the required parking for most uses
listed in the Zoning Ordinance be reduced.
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Fencing - Haskin explained that with regard to fencing amendments, both the Zoning Ordinance and the
City Code of Ordinances have rules and requirements for fences within the City of Wylie. Every few years 111
these Ordinances are reviewed and updates are recommended to reflect current conditions within the City,
recognize technological changes that may affect the application of the Ordinances, and clarify wording that
may have been, or has become, debatable. Currently, the Zoning Ordinance contains part of the
regulations for how a fence is constructed. For example, fence height is a function of construction as it can
vary greatly depending on the type, location, and use of the fence. As much as possible, these rules have
been moved to the City Ordinance. An exception to this general rule regarding the Zoning Ordinance is
fencing within Special Overlay Districts. In such areas and where different, the Zoning Ordinance alters and
supersedes the rules contained in the City Ordinance.
In recent years, the Zoning Board of Adjustments has approved variance requests for fencing with the
support of some citizens. Those requests, namely rail and post placement and the use of wooden posts are
reflected in the changes to the Ordinances. Staff feels that the placement of rails and posts on the outside
of the fence is reasonable if such placement is not visible from a public street. The use of wooden post as
an acceptable material is debatable, as these are proven to require more maintenance, but are by some
considered more aesthetically pleasing. The City Ordinance does address the maintenance issue by
requiring fences to be properly maintained.
Public Hearing
Mayor Hogue opened the public hearing for Item #1 at 6:55 p.m. asking anyone present wishing
to address council to come forward and keep their comments to 3 minutes.
No one was present to address council during the public hearing.
Mayor Hogue closed the public hearing at 6:55 p.m.
Council Action
A motion was made by Councilman Wintters, seconded by Councilman Jones to approve,
amending the Zoning Ordinance regarding amendments to: Article 4 (Nonresidential Standards),
Article 5 (Use Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7
(General Development Regulations) of the City of Wylie Zoning Ordinance No. 2001-48, as
amended, related to parking requirements; and Article 3 (Residential Development Regulations)
and Article 6 (Special Purpose and Overlay District) of the City of Wylie Zoning Ordinance No.
2001-48, as amended, related to fences, and to include allowing alternative parking material for
non-primary residential parking and requiring metal post for fencing, and rails; post must be to the
inside when facingapublic street or open space. A vote was taken and the motion passed 6-1
p p
with Mayor Hogue, Councilman Jones, Councilman Wintters, Councilman Scott, Councilman
Stephens, and Councilwoman Culver voting for and Mayor pro tern White against.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
City Secretary Ehrlich read the captions to Ordinance No.'s 2013-40 and 2013-41 into the
official record.
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WORK SESSION
• Comprehensive Annual Financial Report Training. (L. Bantz, Finance Director)
John J. DeBurro, CPA and Senior Auditor for Weaver, LLP gave an overview of the compilation of
a Comprehensive Annual Financial Report. Areas reviewed included the Introductory, Financial
and Statistical sections of the CAFR.
• Presentation for the proposed JazzArts Festival to be held May 3, 2014. (C. Ehrlich, City
Secretary)
Public Art Advisory Board (PAAB) liaison Ehrlich addressed council stating that during the budget
work session the Public Art Board had requested and received funding for a new JazzArts Fest to
be held in the spring of 2014. She reported the board had completed some of the planning for the
new event and at the request of council was coming to council to report on the initial plans. The
event date is set for May 3, 2014.
She introduced PAAB Chair Anne Hiney. Chair Hiney reviewed with council some of the goals of
the board in providing the new event. They included:
• Introduce the arts to the citizens of Wylie and surrounding cities
• Highlight the Municipal Complex as a destination and promote the Recreation Center and
Library
• Provide another quality community event
• Raise money for the public art program to fund additional art projects
• Introduce people throughout the Metroplex to Wylie
Hiney reviewed some of the elements for the event including: Fine artists (sculptures, painters,
photographers and more); Children's Activities (instrument petting zoo, caricatures, face painting,
pottery making and more); Gourmet Food Trucks; Junior High, High School, Collegian, and
professional jazz groups entertaining all day/evening; tours of the facilities and art sites, and
potential wine sales.
Hiney explained the Public Art Board felt the wine sales would be a very nice addition to the event
and noted there were local wineries in the area that might be interested in participating. She
noted that the board was requesting direction from council prior to doing further research on the
consumption and sale of wine; which could require an ordinance amendment.
Direction from council was to further research the ability to sell wine at the event and bring an item
back to council for possible consideration. Council members stated excitement for the event and
thanked staff and the PAAB members for their work regarding the event.
RECONVENE INTO REGULAR SESSION
Mayor Hogue reconvened into Regular Session at 7:26 p.m.
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ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman Scott,
seconded by Councilman Jones to adjourn the meeting at 8:15 p.m. A vote was taken and the
motion passed 7-0.
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Wylie City Council
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