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01-14-2014 (City Council) Minutes jtti Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, January 14, 2014— 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 tern Rick White, Councilwoman Diane Culver, Councilman Keith Stephens, Councilman Bennie Jones, Councilman Todd Wintters, and Councilman Nathan Scott. 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; Library Director, Rachel Orozco; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Chris Segrest representing the Wylie First Baptist Church gave the invocation and the Sons of the American Revolution presented the Colors and led the Pledge of Allegiance. PRESENTATIONS • Presentation -Jerri Smith Day Mayor Hogue presented a proclamation designating January 14, 2014 as "Jerri Smith Day" in the City of Wylie. He noted her year of volunteerism and leadership while serving as President of the Rita and Truett Smith Public Library and President of the Friends of the Library, at which time the organization raised over$108,000 for the library. • Sons of the American Revolution Service Awards Dan Reed and members of Chapter #37 of the Sons of the American Revolution presented service awards to the following City of Wylie employees: 911 Dispatcher Award —Tristian Whittle Minutes January 14, 2014 Wylie City Council Page 1 EMT Award —Andrew Johnson Firefighter Award — Brian Moriarty Police Officer Award —Jason Smith A Certificate of Appreciation was given to the City of Wylie for their flag display in the front of the Municipal Complex. • Presentation of Certificates of Appreciation Members of the American Legion presented Certificates of Appreciation to Mayor Eric Hogue, City Manager Mindy Manson and Tom Kollman for their participation in the judging of the American Legion High School Oratorical Scholarship "Constitutional Speech Contest." 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. No citizens filled out forms to speak before 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 December 10, 2013 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 November 30,2013. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for November 30,2013. (L. Bantz, Finance Director) D. Consider, and place on file, the WEDC Financial Report for November 30, 2013. (S Satterwhite, WEDC Executive Director) E. Consider, and act upon, a Vendor Application request from the group representing the Run for Heroes Event for a vendor fair at Olde City Park on April 5, 2014. (R. Diaz, Parks &Rec Superintendent) F. Consider, and act upon, Resolution No. 2014-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie. (C. Ehrlich, City Secretary) G. Consider, and act upon, Ordinance No. 2014-01 setting the time and place for all Regular City Council Meetings in the 2014 calendar year. (C. Ehrlich, City Secretary) Minutes January 14, 2014 Wylie City Council Page 2 H. Consider, and act upon, the award of an interim contract with Pro Jan Services for janitorial services; and authorizing the City Manager to execute any necessary documents. (J. Butters, Asst. City Mgr.) Council Action A motion was made by Mayor pro tern White seconded by Councilwoman Culver 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, a recommendation from the Planning and Zoning Commission regarding a Re-plat for Bozman Farm Estates Phase 2, Lot 28 and a part of Lot 29, Block C, and establishing 139 single family residential lots and eight open space lots on 50.392 acres to create Bozman Farms Phase 3, generally located east of Collins Boulevard near Saddle Ridge Drive. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the purpose of the plat is to create 145 single-family residential and eight open space lots, and to reconfigure two lots to allow for a realignment of Wildflower Lane on 50.392 acres of property, zoned PD 2002-52. The plat creates Phase 3 of the Bozeman Farm Estates and is consistent with the PD conditions set forth. The plat realigns the east end of Oak Glen Drive from Phase 2 with a new connection made to Wildflower Lane (NE corner of the plat). Troy Road and Collins Boulevard will also be extended in this phase. The eight open space lots are labeled on the plat as"X" lots and will be owned and maintained by the HOA. 011ie reported the re-plat complies with all applicable technical requirements of the City of Wylie and substantially conforms to the adopted PD provisions; the plat is recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. The Commission voted 5-0 to recommend approval of the request. Public Hearing Mayor Hogue opened the public hearing on Item #1 at 6:40 p.m. asking anyone present wishing to address council to come forward. No citizens came forward to address council during the public hearing. Mayor Hogue closed the public hearing at 6:41 p.m. Council Action A motion was made by Councilman Scott, seconded by Mayor pro tern White to approve a recommendation from the Planning and Zoning Commission regarding a re-plat for Bozman Farm Minutes January 14, 2014 Wylie City Council Page 3 Estates Phase 2, Lot 28 and a part of Lot 29, Block C, and establishing 145 single family residential lots and eight open space lots on 50.392 acres to create Bozman Farms Phase 3, generally located east of Collins Boulevard near Saddle Ridge Drive. A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD-SF) to accommodate a proposed single family residential subdivision on an approximate 28 acre tract generally located on South Ballard approximately 1000' south of Alanis. ZC 2013-08. (R. 011ie, Planning Director) Councilman Todd Wintters announced that he had filed an abstention form with the City Secretary and would be abstaining from the vote and leaving during the discussion of Item #2. (Abstention form is on file) Staff Comments Planning Director 011ie addressed council stating that the applicant is requesting to establish permanent zoning on an approximately 28 acre tract generally located south of Alanis on South Ballard. The property is currently zoned A/30 and almost completely surrounded by property that lies outside city limits. The applicant is proposing to provide a residential development on minimum 10,000 s.f. lots and adding architectural, landscaping, and site design elements to the development that offer a distinctive character to the community. 011ie explained the developer is proposing to construct a Temporary Access Easement (T.A.E.) to serve as a secondary point of access to meet fire code regulations. The proposed T.A.E. will be abandoned and incorporated into a residential lot at the time Highland Oaks is extended. 011ie explained that there would be varied dwelling sizes proposed, with the minimum allowed being 1,800 square feet (not more than 9 homes). Dwelling regulations state that no more than 10% of the lots may be less than 2,000 s.f. (9 out of 87 lots); while at least 70% must be 2,400 s.f. or greater (61 lots). Side yard setbacks are proposed to be a minimum of 7 feet, with 20 feet for corner lots. No alleys are proposed. Garages shall be front entry and/or J Swing, with an upgraded cedar garage door. A minimum of 5 lots must be skipped on same side of street, before being repeated, while 3 lots skipped on opposite side of street. Council Discussion Mayor Hogue asked about the landscaping proposed. 011ie explained the zoning required 2 trees and 8 shrubs as a minimum, however the proposed PD required 3 trees and 9 shrubs be planted for each lot. Garage doors would be upgraded to cedar. An upgrading of rain sensors would be added to each irrigation system and entrance areas are required to be 40 feet for front entry and 100 feet for rear entry. This PD is proposing 140 square feet combined with a minimum of 50 square feet on the front entry with railings, columns or other architectural features. Notifications were sent to residents within 200 feet and one reply favoring the request was received. The Zoning Commission voted 5-1 for approval of this PD. 011ie explained that the starting price proposed was$200,000 and up to$275,000. Councilwoman Culver asked if there would be an HOA. 011ie replied there would. Culver asked how the builder was going to get to a minimum of$200,000 with all the upgrades offered. 011ie replied that she was unsure as well with the amount of stone and brick and other upgrades mentioned in the PD. Applicant Chris Seeley, representing Engineering Concepts and Design, LP, addressed council stating that the smaller 1,800 s.f. home was to draw buyers in however in most cases the homes built will be much larger and higher in cost. These homes will also have upgrades inside including granite counter tops. Minutes January 14, 2014 Wylie City Council Page 4 Mayor pro tern White stated that he was concerned about the 1,800 s.f. homes and the development being another track home development. Councilman Jones asked why the developer was opting to pay parks and open space fees rather than constructing a neighborhood park. City Manager Manson explained that the property adjacent to this development would eventually be a City park, on the parks master plan, and therefore park fees paid in lieu of a small neighborhood park is a good option. Public Hearing Mayor Hogue opened the public hearing on Item #2 at 7:15 p.m. asking anyone present wishing to address council to come forward. No citizens came forward to address council during the public hearing. Mayor Hogue closed the public hearing at 7:16 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to approve amending the zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD-SF) to accommodate a proposed single family residential subdivision on an approximate 28 acre tract generally located on South Ballard approximately 1000' south of Alanis. ZC 2013-08. A vote was taken and the motion passed 5-1-1 with Mayor Hogue, Councilwoman Culver, Councilman Scott, and Councilman Stephens voting for, Mayor pro tem White voting against and Councilman Wintters abstaining. 3. Consider, and act upon, Ordinance No. 2014-02, amending Section 22-446 (general sign regulations) of Article XX (sign regulations) of Chapter 22 (buildings and building regulations) and Article IX (prohibitions of illegal smoking material) of Chapter 74 (offenses and miscellaneous provisions) and adopting a new Article X (electioneering at polling locations) of Chapter 74 (offenses and miscellaneous provisions), all of Part II of the Wylie Code of Ordinances; 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. (C. Ehrlich, City Secretary) Staff Comments New legislation passed in 2013 by House Bill 259 requires an entity that owns or controls a public building being used as a polling place to prohibit, at any time during the voting period, electioneering on the building's premises outside of the area described in Subsection (a) and being the 100 foot marker for electioneering. The bill does allow entities to place reasonable regulations concerning the time, place, and manner of electioneering which includes the posting, use or distribution of political signs or literature. Ehrlich explained the proposed ordinance does not allow signs in driveways, parking areas, on medians within parking areas or driveways on the premises of a polling location. Signs may not be posted on polls, trees, buildings or other improvements on public property used as a polling location. The ordinance will allow for signs and electioneering within twenty-five feet of the public road way adjacent to the public property where a polling location resides. Signs would be required to be erected and taken down no later than 30 minutes before and 30 minutes after the polls open and close each day. Ehrlich displayed a map showing areas within the Municipal Complex where signs were not allowed. Minutes January 14, 2014 Wylie City Council Page 5 Council Action A motion was made by Councilman Scott, seconded by Mayor pro tem White to adopt Ordinance No. 2014-02 amending Section 22-446 (general sign regulations) of Article XX (sign regulations) of Chapter 22 (buildings and building regulations) and Article IX (prohibitions of illegal smoking material) of Chapter 74 (offenses and miscellaneous provisions) and adopting a new Article X (electioneering at polling locations) of Chapter 74 (offenses and miscellaneous provisions), all of Part II of the Wylie Code of Ordinances; 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 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 2014-01 and 2014-02 into the official record. WORK SESSION • Work Session to discuss and provide direction regarding a proposed amendment to the Code of Ordinance, Chapter 2, Article 5, Division 5: Donation of Public Funds to Not-for-Profit Organizations. (M. Manson, City Manager) City Manager Manson addressed council stating that this item is being discussed at the request of Mayor Hogue and Councilwoman Culver. Manson explained the existing ordinance is structured to enable the Council to consider providing funding to not-for-profit organizations as a part of the budget process each year, including a May 1st deadline for organizations to submit an application for budget consideration. On occasion, a request has been made to consider funding for not-for-profits at times other than the budget review and, as such, the procedure established in the ordinance has not been followed. The request to review the ordinance stems from the intent that all requests for funding for not-for- profit organizations be subject to the same review and criteria, regardless of the timing of the request. Manson explained that If the Council wished to amend the ordinance, there are options to consider. One, if the council wishes to keep the process for funding during the budget cycle, staff can keep the majority of the language currently in the Ordinance, but staff suggests changing the wording so that it does not imply that we will take applications every year. Council can then add language that states that the process and eligibility requirements apply regardless of when a request is received. Manson noted a second option would be to remove the language related to funding not-for-profits through the budget in order to keep the process generic and applicable to a wider variety of circumstances. She explained that for discussion purposes, the existing Ordinance is presented, with changes shown to reflect this second option. Additionally the actual forms should be removed from the Code of Ordinances as it could change from time to time. Minutes January 14, 2014 Wylie City Council Page 6 Direction from council was to bring back a proposed ordinance using option #2 for further Lconsideration by council. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7:50 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilwoman Culver to adjourn the meeting at 7:50 p.m. A vote was taken and the motion passed 7-0. i ' .,e Eric Hogue, May L pF tiVp ATTEST: G .-- `���•�- �(••( i c---L1-4. -4f% .:! \B { , 71 _-A i GV�op FE RAO.w cOLCIRADO 6 ;re 46 sloop AY Ca le Ehrlic , City Secretary sr°1887 g ATE OF TE L Minutes January 14, 2014 Wylie City Council Page 7