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07-10-2007 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, July 10, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman Carter Porter, and Councilman David Goss. Councilman Rick White and Councilman Merrill Young were absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Assistant Police Chief, John Duscio; Library Director, Rachel Orozco; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tern Byboth gave the Invocation and Councilman Porter led the Pledge of Allegiance. PRESENTATIONS • Presentation to Outgoing 2006-2007 Boards and Commission Members. (J. Mondy, Mayor) Mayor Pro Tern Byboth and Councilman Porter announced outgoing 2006-2007 Wylie Boards and Commission members and presented Certificates and Plaques of Appreciation to those present. ADMINISTRATION OF OATH OF OFFICE FOR NEWLY APPOINTED AND REAPPOINTED BOARD AND COMMISSION MEMBERS • Administered by Judge Terry Douglas. Judge Terry Douglas administered the Oath of Office to newly appointed or re-appointed 2007- 2008 City of Wylie Boards and Commission members present. Minutes—July 10, 2007 Wylie City Council Page 1 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. Coral Watkins residing at 313 S. 3rd. Street, Wylie, Texas addressed Council stating that she and other residents had been having issues with the sewer lines in the neighborhood since 2002. She explained that she was requesting the City to resolve the problem; stating, in her opinion, the problem was not on the residential portion of the lines but rather on the City side. She reported several resident addresses of persons that were having problems with the lines. She requested reimbursement for personal money spent on the sewer problem. Mayor Mondy requested City Manager Manson to draft a position regarding this issue; including what can and can not be done, for Council review. City Manger Manson stated that she had quite a bit of information regarding this issue including the effective policies. She reported that she would have the information out to Council by the end of the week. 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. Approval of the Minutes from the June 21, 2007 Joint Meeting of the City Council and WEDC and the June 26, 2007 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of May 31, 2007. (S. Satterwhite, Executive Director, WEDC) C. Consider, and act upon, Ordinance No. 2007-20 amending City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 9 (Nonconforming Uses and Structures) setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public. (R. 011ie, Planning Director) D. Consider, and act upon, Ordinance No. 2007-21 amending Article II of Subdivision Regulation Ordinance No. 2003-03, by adding Section 2.12 establishing regulations regarding the abandonment of Right-Of-Way. (R. 011ie, Planning Director) Council Action A motion was made by Councilman Porter seconded by Mayor Pro Tern Byboth to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Councilmen Young and White absent. Minutes—July 10, 2007 Wylie City Council Page 2 REGULAR AGENDA Public Hearing Tabled Item from June 26, 2007 Council Action Councilman Porter made a motion to remove the continuation of a Public Hearing and consideration of the amendments to Zoning Ordinance No. 2003-25, Section 2.5.4 from the table and consider. Consensus of Council was to remove and consider. 1. (MOTION TO REMOVE FROM TABLE) Continue a Public Hearing and consider amending Zoning Ordinance No. 2003-25, Section 2.5.4 (Accessory Buildings). (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that after careful review and consideration, staff has determined that the current accessory building ordinance (Section 2.5.4) is obsolete. Over the past three years numerous cases have come before the ZBA requesting variances to the ordinance for accessory buildings. She explained that in a vast majority of these cases the requests were granted. The current ordinance does not take into consideration the widely varying lot sizes and neighborhoods that accessory buildings are placed on. In addition, the current ordinance is outdated in regards to the various types of acceptable building materials that can be used for accessory buildings. She reported that the Planning and Zoning Commission voted 3-2 to approve the proposed amendment as written with clarification that no pressure treated wood is permitted (the building must be prefinished and prefabricated), and that all accessory structures 100 square feet or greater be built on cinder blocks or on a concrete base sub flooring. She reported that after review of the building requirements, the foundation requirement was already a regulation within the building codes and therefore did not need to be stipulated within the revised ordinance. Council Discussion Mayor Mondy asked Planning Director 011ie how these regulations would be enforced. Planning Director 011ie replied that currently, the resident was required to obtain a permit. She explained that a permit was required whether the accessory building was purchased from a retail store or was home built. Mayor Mondy stated that unless the citizen was being charged at the point of sale, it would be very difficult to ensure a permit is obtained. He stated that he knew there were citizens that"just did not get a permit". He asked if there was a way this process could be monitored. City Manager Manson stated that the City has required permits for accessory buildings for some time. Planning Director 011ie stated that once the requirement amendment were approved, she would contact the local retail stores to request they give permit information to customers purchasing accessory buildings. She reported that some retailers have permit information on their websites, which explains to customers the requirement to contact their local city regarding building and permit requirements. Mayor Mondy reported that some cities like the City of Allen require retail stores to charge the permit fee for water heaters at the point of sale. Ms. 011ie explained that the City currently enforces permits through the Code Enforcement Department and local citizen complaints. She explained that if an accessory building looked out of compliance, the Code Enforcement Officer would contact the residents and require the building meet code and permits be obtained. Councilman Goss stated that if the City regulations are in place; they can be explained to citizens when they come in and more easily enforced. Councilman Porter stated that there needed to be regulations on the books to enforcement and for citizens to comply with. Mayor Pro Tern Byboth stated that if the regulations were in place and code enforcement officers see a violation, they could enforce it. Minutes—July 10, 2007 Wylie City Council Page 3 Continued Public Hearing Mayor Mondy opened the Public Hearing at 6:30 p.m. No one was present to address Council on Item #1. Mayor Mondy closed the Public Hearing at 6:30 p.m. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Porter to approve amendments to Zoning Ordinance No. 2003-25; Section 2.5.4 (Accessory Buildings) with clarification that no pressure treated wood is permitted. A vote was taken and passed 5-0 with Councilmen Young and White absent. General Business 2. Consider, and act upon, a Policy to support the Neighborhood A.C.T.I.O.N. Plan as a tool to maintain and preserve the quality of older neighborhoods throughout the city. (R 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the development of Accountable Communities through Involvement of Neighborhoods (A.C.T.I.O.N.) will be the tool for each resident and stakeholder to work together towards greatly improving the quality of life for all residents of Wylie. By creating a forum for citizen involvement in addressing the community's issues through the Neighborhood A.C.T.I.O.N. Plan, we promote creative problem solving and a spirit of teamwork between the residents in the community and the city. This program encourages community defined plans using a city-guided program. Planning Director 011ie explained that Neighborhood planning is an opportunity for citizens to shape the neighborhoods where they live, work, own property, or manage a business. The neighborhood planning process addresses land use, zoning, transportation, and urban design issues. The goal of neighborhood planning is for diverse interests to come together and develop a shared vision for their community. She reported that a neighborhood plan represents the views of all the stakeholders that make up a community, identifies neighborhood strengths and assets, identifies neighborhood needs and concerns, establishes goals for improving the neighborhood, and recommends specific recommendations to reach those goals. Planning Director 011ie reported that staff has done an initial survey of the housing stock in five (5) neighborhoods: Calloway Addition, Southside Addition, the J.M. Butler Addition, Railroad Addition, and the Bostic Addition. According to the 2000 Census the (H36)Year Structure Built ranges from as early as 1915 to as current as 2006. The initial idea is to target those neighborhoods that have a very small number of vacant houses as a way of stabilizing these blocks. This approach recognizes that livability and marketability can vary from block to block. She stated that there are many facets that will shape the program, and some that might take months/years to fully implement. However, there needs to be short- term signs that plans are being implemented such as alarm monitoring and smoke detection device awareness. Another immediate opportunity for A.C.T.I.O.N. to be utilized will be through the Public Works Department. There are already projects in place that will affect some of these neighborhoods. For instance, the Supplemental Environmental Program to replace defective, private, sanitary sewer lateral lines is in progress. She stated that by City Departments working as a team, we can better address the needs and concerns of our older communities. Minutes—July 10, 2007 Wylie City Council Page 4 Council Discussion Mayor Mondy asked Planning Director 011ie how many homes in the proposed A.C.T.I.O.N. Plan were built in the early 1900's. Planning Director 011ie reported that she did not have the exact number but estimated ten out of the fifteen neighborhoods identified had a home built in the early 1900's. Mayor Mondy asked if those homes were occupied. Ms. 011ie reported that some were and some were not. Mayor Mondy asked if there were any State programs that were identified for homes built in the 1917 or 1918 timeframe. Ms. 011ie reported that staff had identified State grants both matching funding and full funding for the older homes. Mayor Mondy asked Planning Director 011ie to seek funding through State and Federal grants for the historic homes that were salvageable. He explained that he knew this would take time, but hoped that in a few years, some of these homes could be restored to "period" condition. City Manger Manson reported that there were some federal tax incentives available to owners of older homes to restore those homes. She explained that this A.C.T.I.O.N. Plan would focus all City departments on one area which was a benefit to each neighborhood. The residents would communicate what was important to them in their area. Planning Director 011ie explained that this neighborhood focus would also educate citizens on city regulations such as permitting. She reported that staff recommends the Bostic Addition as the starting point for the A.C.T.I.O.N. Plan for several reasons. Ms. 011ie explained that the need is there as well as a desire from some of the residents in that area to get involved. As you know this section does include Third Street where the house explosion took place. "I think the City's active role in this community will be well received and possibly serve as a building tool to aid in bringing some sort of comfort back to this area." Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to approve a Policy to support the Neighborhood A.C.T.I.O.N Plan as a tool to maintain and preserve the quality of older neighborhoods throughout the city. A vote was taken and passed 5-0 with Councilmen Young and White absent. 3. Consider, and act upon, Ordinance No. 2007-22 granting a Franchise Agreement with Farmers Electric Cooperative (FEC). (J. Butters, Assistant City Manager) Executive Summary Assistant City Manager Butters addressed Council stating that the franchise agreement with Farmers Electric has expired. The proposed agreement is the same terms as the franchise agreement, recently signed, between the City of Wylie and Atmos (now Oncor). Council Discussion Mayor Mondy asked Assistant City Manager Butters if the rate set for TXU was the same as the proposed 4% rate for Farmers Electric. Assistant City Manager Butters replied that it was and was also the same for Atmos. Mayor Mondy asked Finance Director Williamson how these fees were audited. Finance Director Williamson stated that the City did not audit the receipts but they were held in public record as part of the gross sales reports by the State Comptroller's Office. Mayor Mondy asked Mr. Williamson if the City was seeing a growth in franchise fees. Mr. Williamson reported that there was a steady increase in franchise fee revenues but there had been somewhat of a slow down, due to a slow down in building. He stated that it was still increasing but not at as fast a pace. Council Action A motion was made by Councilman Porter, seconded by Councilman Goss to approve Ordinance No. 2007-22 granting a Franchise Agreement with Farmers Electric Cooperative (FEC) as presented. A vote was taken and passed 5-0 with Councilmen Young and White absent. Minutes—July 10, 2007 Wylie City Council Page 5 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 2007-20, 2007-21, and 2007-22 into the official record. Mayor Mondy recessed into the Work Sessions at 6:55 p.m. WORK SESSION • Discussion regarding the lifting of water restrictions and the implementation of a Conservation Plan. (M. Manson, City Manager) City Engineer Hoisted gave an overview of a recent meeting between North Texas Municipal Water District and member cities. He explained that the NTMWD had recommended that all water restrictions be lifted and a long term Conservation Plan be implemented by member cities. City Manager Manson explained that the restrictions could be lifted at the staff level but wished Council to make that directive. Direction from Council was to lift all water restrictions and begin the compilation of a "Conservation Plan" to be brought back to Council at a later date. Mayor Mondy asked that City conservation incentives be reviewed for inclusion in the Conservation Plan. • Discussion regarding an Interlocal Cooperation Agreement between the City of Wylie and the Wylie Independent School District for improvements to Hooper Road, construction of Hensley Lane and construction of parking at Founders Park. (J. Butters, Assistant City Manager) Assistant City Manager Butters addressed Council explaining the funding and performance requirements by the City of Wylie and the Wylie Independent School District for improvements to Hooper Road, the construction of Hensley Lane and construction of parking at Founders Park, included within the proposed interlocal agreement. He explained that the District has placed $519,686.00 in escrow for the construction of Hensley Lane. The district has previously agreed to pay one-half of the cost of the construction of the Parking for Founders Park. If the District's cost of construction of Hensley Lane is greater than the sum of the money held in escrow and the cost of one half the parking at Founders, the City will pay the difference to the District via credits for future impact fees. Mayor Mondy reconvened into Open Session at 7:25 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session, including but not limited to: 1. Consider, and act upon, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Wylie and the Wylie Independent School District for improvements to Hooper Road, construction of Hensley Lane, and construction of parking at Founders Park. (J Butters, Assistant City Manager) Minutes—July 10, 2007 Wylie City Council Page 6 Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to authorize the Mayor to execute an Interlocal Cooperation Agreement between the City of Wylie and the Wylie Independent School District for improvements to Hooper Road, construction of Hensley Lane, and construction of parking at Founders Park. A vote was taken and passed 5-0 with Councilmen Young and White absent. ADJOURNMENT With no further business before Council, Mayor Pro Tem Byboth made a motion to adjourn at 7:26 p.m., with Councilman Goss seconding the motion. Consensus of Council was to adjourn. M o y,nd or hn ATTEST: ,.\` O F SEAL • • Carole Ehrlich, C t Secretary ''i,„r4 EiiT V-/ •``` Minutes—July 10, 2007 Wylie City Council Page 7