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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. Minutes June 10, 2014 Wylie City Council Page 1 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) Minutes June 10, 2014 Wylie City Council Page 2 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. Minutes June 10, 2014 Wylie City Council Page 3 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 Minutes June 10, 2014 Wylie City Council Page 4 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 Minutes June 10, 2014 Wylie City Council Page 5 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. Minutes June 10,2014 Wylie City Council Page 6 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 Minutes June 10, 2014 Wylie City Council Page 7 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. \e Eric Hogue,Mayor ATTEST: ��� OF �i ___6, . il G r _.........., :-.: % Ca le Ehrlich, Secretary V — 4';, >31 :.�„ ` ', COLOR .� ''-"�, 8'NTA/E RAf�y�4y 'b� ®18870 Nh ST'4r8 off TEA _I Minutes June 10, 2014 Wylie City Council Page 8