06-10-2014 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, June 10, 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 6:05 p.m. City Secretary Carole Ehrlich took
roll call with the following City Council members present: Mayor pro tern Keith Stephens,
Councilman Nathan Scott, Councilman William Whitney Ill, and Councilman Todd Wintters.
Councilman Bennie Jones and Councilman David Dahl were absent.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police
Chief, John Duscio; Planning Director, Renae' 011ie; Finance Director, Linda Bantz; City
Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Public Services Director,
Mike Sferra; Library Director, Rachel Orozco; City Secretary, Carole Ehrlich; PIO, Craig Kelly,
and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Public Information Officer Craig Kelly gave the invocation and Planning Director Renae' 011ie led
the Pledge of Allegiance.
PRESENTATIONS
• The Wylie Way Students-4th 9 Weeks
Mayor Hogue and Mayor pro tem Stephens presented medallions to students demonstrating
"Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as
the"Wylie Way Student."
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 nddress. 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 were present wishing to address Council during Citizens Comments.
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Wylie City Council
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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 May 27, 2014 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider,and act upon, approval of a Final Plat creating 11 single family residential
lots and 1 open space lot on 23.267 acres for the Creekside Estates Subdivision,Phase
VII, generally located east of Phase of Phase VI, west of Riverchase Subdivision and
Rita Smith Elementary. (R. 011ie, Planning&Zoning Director)
C. Consider, and act upon, approval of a Preliminary Plat for Mansions at Wylie
Seniors Apartments, Lot 1, Block A, creating a single lot, for the development of a
320 unit age restricted multi-family complex, generally located approximately 1200
feet south of FM 544 on McCreary Road. (R. 011ie, Planning&Zoning Director)
D. Consider, and act upon, Ordinance No. 2014-20 repealing Ordinance 2008-45,
amending Chapter 50 (Floods), Article II (Flood Damage Prevention), of the Wylie
Code of Ordinances; updating and establishing regulations for flood damage
prevention; defining the flood hazard areas of Wylie; Prescribing rules and
regulations for construction in flood hazard areas to reduce flood losses; appointing
the City Manager or his/her designated representative to implement the provisions of
this ordinance; Requiring permits for development in Flood Hazard areas;
establishing a disclaimer of liability; providing for a penalty for the violation of this
Ordinance; providing repealing, savings and severability clauses; providing for an
effective date of this ordinance and for the publication of the caption hereof. (C.
Hoisted, City Engineer)
Council Action
A motion was made by Councilman Whitney, seconded by Mayor pro tern Stephens to approve
the consent agenda as presented. A vote was taken and the motion passed 5-0 with
Councilmembers Jones and Dahl absent.
REGULAR AGENDA
1. Conduct the 2" Public Hearing for the annexation of three tracts of land
approximately 18 acres situated in the Francisco De La Pina Survey, Abstract No.
A0688, Tract No. 122, Tract 123, and Tract 123-9, Collin County, Texas, generally
located east of W.A. Allen Blvd. and north of Stone Road and immediately east of
Stone Grove Addition. (R. 011ie, Planning&Zoning Director)
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Staff Comments
Planning Director 011ie addressed council stating that this annexation is at the request of property owners
of three tracts of land. The subject tract is contiguous to existing city limits on the north, west, and south,
while properties to the east are within unincorporated Collin County.
The applicant desires to bring the subject tracts into the City to create a residential development and
provide connection to existing Stone Grove Phase I Addition to the west. Stone Grove Addition was
zoned in 1985, followed by an amendment to establish area regulations with the adoption of PD
Ordinance No. 93-29 in 1993. Phase I has been platted since 1987 consisting of 71 single-family
residential lots on approximately 37.26 acres. Phase 2 has never been platted.
011ie noted in compliance with state law,the following schedule has been adhered to:
Notice published for Public Hearings May 14, 2014 and May 21, 2014
First Public Hearing May 27, 2014
Second Public Hearing June 10, 2014
Adoption of Ordinance June 24, 2014
Public Hearing
Mayor Hogue opened the public hearing on Item#1 at 6:30 p.m. asking anyone present wishing
to address Council to come forward.
No one was present to address Council.
Mayor Hogue closed the public hearing at 6:32 p.m.
No action was required. Consideration of adopting the annexation ordinance will be considered
at the June 24, 2014 Wylie City Council meeting.
2. Hold a Public Hearing, and consider and act upon, a change in zoning from Planned
Development 2005-24 (PD-2005-24) to Planned Development-Single-Family (PD-SF)
to amend PD-2005-24, Section X Transition Zones to create a 30 foot common area
landscape buffer and to adjust the minimum lot sizes of 7 lots along the north
property line; on approximately 18.322 acres generally located west of FM 544 and
approximately 400 feet south of Alanis Drive. ZC 2014-03 (R. 011ie, Planning &
Zoning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the applicant is requesting to establish clear design
guidelines for the landscape buffer along the northern property line of the subject property as established
in Section X Transition Zone of the PD Conditions.
011ie explained the previous conditions required that the developer plant evergreen trees thirty feet on
center in an established edge, one lot deep, of lots along the northern property line that have a minimum
lot size of 20,000 s.f., to create a 30' landscape buffer between the Pulliam property and Braddock Place.
The requested conditions allow for a minimum lot size of 13,500 in lieu of the 20,000 in order to have the
30' landscape buffer within a common area owned and maintained by the HOA as opposed to individual
property owners. In addition, the homebuilder will install along the rear lot line of the common area lot
tubular steel fencing along the length of such lot.
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Four(4) notifications were mailed; with zero (0) written response returned favoring the request and zero
(0) responses opposing the request at the time of posting. The Planning and Zoning Commission voted
6-0 to recommend approval.
Wylie resident Tommy Pulliam addressed council stating that he had worked with the City and the
developer to come to a common agreement regarding the landscape buffer.
Council Action
A motion was made by Mayor pro tern Stephens, seconded by Councilman Wintters to approve
a change in zoning from Planned Development 2005-24 (PD-2005-24) to Planned
Development-Single-Family (PD-SF) to amend PD-2005-24, Section X Transition Zones to
create a 30 foot common area landscape buffer and to adjust the minimum lot sizes of 7 lots
along the north property line; on approximately 18.322 acres generally located west of FM 544
and approximately 400 feet south of Alanis Drive. (AC 2014-03). A vote was taken and the
motion passed 5-0 with Councilmembers Jones and Dahl absent.
3. Consider, and act upon, approval of a Final Plat creating 53 single family residential
lots and 2 open space lot on 18.322 acres for the Braddock Place Phase 3 Subdivision,
generally located west of FM 544 and north of Wally Watkins Elementary School. (R.
011ie, Planning&Zoning Director)
Staff Comments
Planning Director 011ie addressed council stating that the property totals 18.322 acres and will create 53
single-family residential lots. The subject property is part of the 185.1449 acre Braddock Place Addition
Planned Development (PD 2005-24), which consists of Single-Family Residential of varying densities,
and Common Open Spaces. The property was annexed into the City of Wylie on September 28, 2004,
and was the subject of a Zoning Case approved by City Council on July 26, 2005.
011ie explained the original Final Plat for Phase 3 was approved in September 2013, but was never filed.
With the proposed changes to the PD (on current agenda item above), the applicant is requesting
approval of the revised plat to reflect such changes as lot size, and landscape buffer. 011ie reported the
Commission recommended approval 6-0 subject to additions and/or alterations to the engineering plans
as required by the Engineering Department.
Council Action
A motion was made by Councilman Scott, seconded by Councilman Wintters to approve the
Final Plat creating 53 single family residential lots and 2 open space lots on 18.322 acres for the
Braddock Place Phase 3 Subdivision, generally located west of FM 544 and north of Wally
Watkins Elementary School. A vote was taken and the motion passed 5-0 with Councilmembers
Jones and Dahl absent.
4. Consider, and act upon, Ordinance No. 2014-21 amending the Wylie Code of
Ordinances, Chapter 114 (Utilities), Article IV (Water), Division 2 (Drought
Contingency Program, Sections 114-97 (Drought Contingency and Water Emergency
Response Stages and Measures) and 114-99 (Procedures for Enforcing Mandatory
Water Use Restrictions and Coordination with the Regional Water Planning
Groups); Extending Landscape Watering Restrictions; Establishing Enforcement
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Measures; Providing for a Penalty for the Violation of this Ordinance; Providing for
Repealing, Savings and Severability Clauses; Providing for an Effective Date of the
Ordinance; and Providing for the Publication of the Caption Hereof. (M. Sferra,
Public Services Director)
Staff Comments
Public Services Director Sferra addressed Council stating that on May 29, 2014, the North Texas
Municipal Water District (NTMWD) took action to extend the once-every-two-week Stage 3 watering
restrictions through October 31. Beforehand, once-every-two-week watering would be in place from
November 1 through March 31, but due to the drought's persistence, the NTMWD feels that this
extension is essential to preserving the water supply.
The proposed amended Ordinance updates the Stage 3 watering restrictions in the City's plan to be
consistent with the direction of NTMWD, and it also clarifies and defines specific enforcement measures
that can be taken.
Sferra explained that in seeking greater clarity and specificity for the appropriate wording, staff consulted
with the City Attorney and the Municipal Court Prosecutor, and the following is proposed:
(1) A person violates this Drought Contingency Plan if the person knowingly or
intentionally uses water, or permits the use of water, provided by the City of
Wylie in a manner contrary to any provision of this Drought Contingency Plan, or
in an amount in excess of that permitted by the drought contingency and water
emergency response stages in effect at the time of such use.
(2) Any person who violates this Drought Contingency Plan shall be subject to the
following penalties:
a. On the first violation, a person will be given a written warning.
b. On the second violation and each subsequent violation thereafter, a
citation may be issued to the person, with fines established by ordinance.
c. If a person is convicted of three or more violations, a flow restrictor may
be installed to limit the amount of water that passes through the water
meter of the property where the violations occurred or originated.
d. If a person is convicted of four or more violations, water service to the
property where the violations occurred or originated may be
discontinued. Services discontinued under such circumstances shall be
restored only upon payment of a re-connection charge, hereby
established at FIVE HUNDRED AND 00/100 DOLLARS ($500.00), and
any other costs incurred by the City of Wylie in discontinuing service. In
addition, suitable assurance must be given to the City Manager that the
same action shall not be repeated while the Drought Contingency Plan is
in effect.
e. In addition to the foregoing, compliance may also be sought through
injunctive relief in a court of competent jurisdiction.
(3) Any person in apparent control of the property where a violation occurs or originates
shall be presumed to be the violator, and proof that the violation occurred on the
person's property shall constitute a rebuttable presumption that the person in
apparent control of the property committed the violation, but any such person shall
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Wylie City Council
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have the right to show that he/she/it did not commit the violation. A parent shall be
presumed to be responsible for violations of his or her minor child and proof that a
violation, committed by a minor child, occurred on property within the parent's control
shall constitute a rebuttable presumption that the parent committed the violation, but
any such parent may be excused if he or she proves that he or she had previously
directed the minor child not to use the water as it was used in violation of this Drought
Contingency Plan and that the parent could not have reasonably known of the
violation.
Council Discussion
Mayor Hogue asked Public Services Director Sferra how citizens knew when their day was to water every
other week. Mr. Sferra replied that it was on the trash day cycle and was posted on the website.
Additional advertising would be done to alert residents to their specific watering day.
Councilman Wintters asked if the specific fines were listed. Public Services Director Sferra replied the
specific fines were indicated in the proposed ordinance. Councilman Whitney asked if rain water
collected by residents was allowed to be used. Mr. Sferra replied that it was.
Councilman Scott asked how enforcement would be handled when residents report violations. He asked
if a page could be set up on the website to report violations. Mr. Sferra replied that a contact page
existed on the web site,with a mobile app allowing a picture to be included with the report.
Council Action
A motion was made by Councilman Scott, seconded by Councilman Wintters to adopt
Ordinance No. 2014-21 amending the Wylie Code of Ordinances, Chapter 114 (Utilities), Article
IV (Water), Division 2 (Drought Contingency Program, Sections 114-97 (Drought Contingency
and Water Emergency Response Stages and Measures) and 114-99 (Procedures for Enforcing
Mandatory Water Use Restrictions and Coordination with the Regional Water Planning Groups);
Extending Landscape Watering Restrictions; Establishing Enforcement Measures; Providing for
a Penalty for the violation of this Ordinance; Providing for Repealing, Savings and Severability
Clauses; Providing for an Effective Date of the Ordinance; and Providing for the Publication of
the Caption Hereof. A vote was taken and the motion passed 5-0 with Councilmembers Jones
and Dahl absent.
5. Consider, and act upon, the recommendations of the 2014 Boards and Commission
Council Interview Panel for appointments to the Animal Shelter Advisory Board,
Construction Code Board, Library Board, Parks and Recreation Board, Parks and
Recreation Facilities Development Corporation Board (4B), Planning and Zoning
Commission, Public Arts Advisory Board, Historic Review Commission, Wylie
Economic Development Corporation, and the Zoning Board of Adjustments to fill
board vacancies for a term to begin July 1, 2014 and end June 30, 2016/17. (C.
Ehrlich, City Secretary)
Staff Comments
City Secretary Ehrlich addressed Council stating that the 2014 Council interview panel had met with all
applicants and had presented the recommendations for positions of each board from the applicant pool.
Panel members serving were Mayor pro tem Stephens, Councilman Dahl and Councilman Scott.
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Mayor pro tem Stephens (Panel Chair) read the recommendations for each board to the Council. They
included the following recommended positions:
Animal Shelter—Board members: Dr. Chuck Kerin-Veterinarian;Amy Nutz,Animal Welfare; David Dahl,
Public Official; David Lewis, citizen. Replacements should a vacancy occur: Ashley Pickering and Angie
McCrary.
Construction Code Board — Board members: Karen McGinnis, Dale Davenport, and Sunvil Verma.
Alternates: Ned Petersen and Charles Barton.
Historic Review Commission — Board members: Robert (Bob) Heath Sr., Annilee Wateman, and
Jennifer Wakeman.
Library Board — Board members: Sandra Stone (1 year term), Kenneth Cash, and Geraldine
Washington.
Parks and Recreation Board—Board members: David White, Lisa Ulmer, Bobby Kinser, Emmett Jones,
and Matt Rose. Replacement member should a vacancy occur: Tyler Hamilton.
Parks and Recreation 4B Board—Board members: Mayor Eric Hogue and Councilman Bennie Jones.
Planning and Zoning Commission — Board members: Diane Culver, Ronald Smith, Randy Owens, Bill
Baumbach, and Jeremy White.
Public Arts Advisory Board — Board members: Kathy Spillyards, Margaret Boyd, Lynn Grimes, Lisa
Green,and Anne Hiney.
Wylie Economic Development Corporation Board—Board Member: Todd Wintters.
Zoning Board of Adjustments—Board members: Jason Potts, William Hiney, Kevin Finnell, and Robert
Holcomb. Alternates:Andres Gonzalez and Karyn McGinnis.
Council Action
A motion was made by Mayor pro tern Stephens, seconded by Councilman Scott to approve the
recommendations of the 2014 Boards and Commission Council Interview Panel for
appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board,
Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board
(4B), Planning and Zoning Commission, Public Arts Advisory Board, Historic Review
Commission, Wylie Economic Development Corporation, and the Zoning Board of Adjustments
to fill board vacancies for a term to begin July 1, 2014 and end June 30, 2016/17. A vote was
taken and the motion passed 5-0 with Councilmembers Jones and Dahl absent.
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 2014-20 and 2014-21 into the
official record.
WORK SESSION
• 2014-15 Budget Work Session (L. Bantz, Finance Director)
City Manager Manson gave a brief overview of the assumptions affecting the FY 2014-15
budget. Manson explained that estimates from the Collin County Appraisal District were
currently estimated to go up by 7%. Sales tax was estimated to have an increase of around 2%
in FY 2015. Home starts were estimated to increase to 350 units, a 50 unit increase.
She explained expenditures included completing the Compensation Study and Step increases
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for Public Safety. An increase in employee health insurance was estimated to be 15%. No new
department requests were included in the assumptions.
Manson explained that using those assumptions, the general fund would collect revenues of
$29,547,159 and expend $29,874.991 leaving a deficit of$327,832. Some funding would need
to come from the Fund Balance to pay debt ($400,000), but would leave the fund healthy at
32%. She noted that Council's written policy required leaving 25% of total annual operating
costs in the fund.
Manson reported individual department budget presentations were scheduled for July 15th and
17th.
RECONVENE INTO REGULAR SESSION
Mayor Hogue reconvened into regular session at 8:00 p.m.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Mayor pro tern
Stephens, seconded by Councilman Wintters to adjourn the meeting at 8:04 p.m. A vote was
taken and the motion passed 5-0 with Councilmembers Jones and Dahl absent.
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Eric Hogue,Mayor
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Wylie City Council
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