Loading...
10-23-2007 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council October 23, 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 6:02 p.m. Council Members present were: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Rick White, and Councilman Carter Porter. Mayor Pro Tern Red Byboth was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Fire Chief, Randy Corbin; Assistant Police Chief, John Duscio; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Public Library Director, Rachel Orozco; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Wylie citizen Jim Griffin gave the Invocation and Councilman Goss led the Pledge of Allegiance. PRESENTATION • Presentation of County Bond Proposition by Collin County Commissioner, Precinct 2. (Commissioner J. Hoagland/J. Butters, Assistant City Manager) Collin County Commissioner Jerry Hoagland presented information regarding the November 6, 2007 Special Bond Election for Collin County. He explained to Council the importance of the three committees that were appointed by the Commissioners to review three areas of need within the County. He stated that the first proposition was for infrastructure which included thoroughfares for 19 Collin County cities and included 113 projects. He noted that the City of Wylie was directly benefiting from the proposed bond proposition with improvements to: Brown Street from FM 1378 to Ballard Ave; Stone Road from Akin Lane to County Line Road, and McMillan Road from McCreary to FM 1378. These projects are funded 50/50 between the City and Collin County. He reviewed some of the projects included in the proposition for Collin County facilities expansions and the proposition for Open Space and Parks. He asked the City Minutes—October 23, 2007 Wylie City Council Page 1 Council and citizens of Wylie for their support in passing these propositions crucial to the expansive growth in Collin County. • Presentation of Proclamation - Friends of the Library Week, October 21-27, 2007. (R. Orozco, Library Director) Mayor Mondy and City Council members presented a Proclamation to Friends of the Library president Jerri Smith denoting October 21-27, 2007 as "Friends of the Library Week". He thanked them for their tireless support of the Rita and Truett Smith Library. Also present were: Barbara Watson, Friends Public Relations; Chair Gerri Washington, Friends Membership Chair; Jim Griffin, Library Board Member, and Sara Meyer, Friends Member. Also present was Rachel Orozco, Library Director. • Presentation and recognition of participants in the National Community Planning Month. (R. 011ie, Planning Director) Mayor Mondy and Planning Director 011ie, assisted by Planning Assistant Mary Bradley recognized students from Smith, Davis, Draper, and Harrison Intermediate Schools who participated in the National Community Planning Month Drawing Contest. Mayor Mondy gave certificates to the three top winners which included: Marcus Riley — Davis Intermediate, Teacher: Ms. Atlanta Tigert; Jared Davidson — Draper, Teacher: Ms. Tina Stanfield, and Hunter Lucas — Harrison, Teacher: Ms. Charlotte Pickett. 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. Bill Baumbach residing at 505 Rustic Place, Wylie addressed Council asking Council and citizens to support the Collin County Special Bond Election propositions. He stated that sometimes the common good requires by-partisan action and this is one of those times. He commented that he wanted to support as strongly as he could the upcoming Collin County Bond propositions to be voted on November 6, 2007. He stated that they are good for Wylie and the citizens of Collin County. He requested everyone's support. 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 from the October 9, 2007 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Final Plat creating two (2) lots for Oncor Lavon Switching Station, Block A, Lots 1 & 2 generally located north of Brown Street extending to SH 78 and west of Eubanks Lane. (R. 011ie, Planning Director) C Consider, and act upon, adoption of the Public Arts Advisory Board Bylaws approved by the Public Arts Advisory Board on September 20, 2007. (C. Ehrlich, City Secretary) Minutes—October 23, 2007 Wylie City Council Page 2 - D. Consider, and act upon, Ordinance No. 2007-35 amending the zoning from Planned Development (PD) District with a Specific Use Permit (SUP) to Planned Development (PD) District for Neighborhood Service uses on 2.029 acres, generally located on the NEC of Collins Blvd. & F.M. 544 (S. Stone Rd.) ZC 2007-05. (R. 011ie, Planning Director) E. Consider, and place on file, the monthly Revenue and Expense Report for the City of Wylie as of September 30, 2007. (L. Williamson, Finance Director) F. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2007. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Young, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance No. 2006-04, Article 5, Section 5.1(A): Amending Agricultural and Animal-Related uses, establishing regulations specifying the location of Animal Boarding Kennel with or without pens throughout the City. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that staff was approached by a property owner who desired to operate an Animal Boarding/Kennel within the City limits of Wylie. The property is located within the Light Industrial Zoning District. Animal Boarding Kennel with outside pens are allowed by right in Heavy-Industrial (HI) zoning districts, with an SUP in Agricultural 30 (AG/30) and Commercial Corridor (CC) Districts. Animal Boarding Kennel without outside pens is an allowed use by right in HI and CC districts. A Specific Use Permit is required within the Neighborhood Service and Community Retail Districts. Animal Boarding Kennel with or without outside pens are prohibited within the Light Industrial Zoning District. She explained that the property owner was within the Light Industrial Zoning District. She stated that it is staffs opinion that the use may have gotten overlooked during the transformation from Business Center District to Light Industrial. Therefore an ordinance amendment to reflect this use is requested. She reported that the Planning and Zoning Commission considered this amendment at its October 2nd meeting. Several issues were discussed during the public hearing. The greatest concerns were outside pens being a nuisance in regards to odor and/or noise, its proximity to a property line, and most importantly the number of animals allowed. The Commission also discussed putting guidelines in place to regulate the number of animals allowed. The Commission suggested that staff gather additional information prior to the Council meeting in regards to whether state laws were in place that regulate or provide guidelines on the number of animals allowed. Staff did not find any state or local provisions that regulate the number of animals allowed. The Commission voted 6-1 to recommend the following amendment to Article 5, Section 5.1(A.1) and Article 5, Section 5.1(A.2): Minutes—October 23, 2007 Wylie City Council Page 3 Article 5, Section 5.1(A.1): Agricultural and Animal-Related — Animal Boarding Kennel with Outside Pens require a Specific Use Permit (SUP). The SUP requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Article 5, Section 5.1(A.2): Agricultural and Animal-Related — Animal Boarding/ Kennel without Outside Pens be a permitted use by right within the Light-Industrial (LI) District. Public Hearing Mayor Mondy opened the Public Hearing at 7:02 p.m. Greg LitreII residing at 508 Shore Drive, Wylie addressed Council stating that he was requesting the ability for indoor pens by right and was not interested in obtaining outside pens at this time. He reported that his neighbors had llamas, donkeys and horses on their property. He requested approval of the amendment to zoning to include the proposed provisions. With no one else wishing to speak, Mayor Mondy closed the Public Hearing at 7:09 p.m. Council Discussion Mayor Mondy asked Planning Director 011ie what exactly the issue was. Planning Director 011ie reported that there were two amendments before Council, one to allow Animal Boarding Kennel with Outside Pens requiring a SUP; with no guarantee the authorization for use will be permitted, Article 5, Section 5.1(A-1) and the other amendment would allow Animal Boarding/Kennel indoor pens, without outside pens be a permitted use by right, Article 5, Section 5.1(A-2). Currently neither one is allowed within Light Industrial Zoning. She explained that currently the ordinance did not allow for any type of grooming, outdoor or indoor boarding/kennels. Councilman Goss commented that he did not have an issue with clarifying and allowing Article 5, Section 5.1 (A-2) for indoor pens with no outdoor pens by right. He noted he did have a problem with outdoor pens, Article 5, Section 5.1 (A-1). Councilman Goss asked Planning Director 011ie for clarification that if the Council amended Article 5, Section 5.1 (A-2) only and did not amend Article 5, Section 5.1 (A-1) then outside pens would not be allowed in Light Industrial District even by SUP. Ms. 011ie replied that this was correct. City Manager Manson explained that the request before Council was actually a staff request brought to staff by a citizen asking about this type of business within Light Industrial Zoning. She stated that what Council is being asked to consider tonight is not site specific to a property owner but for the entire Light Industrial Zoning District. The consideration is, does this meet the purpose and intent of the Light Industrial District? Councilman Porter asked City Manager Mason if the motion could be amended to include indoor pens and no outdoor pens. City Manager Manson replied absolutely. Council Action A motion was made by Councilman Goss, seconded by Councilman Porter to amend Zoning Ordinance No. 2006-04, adding Article 5, Section 5.1 (A-2) Agricultural and Animal —Related — Animal Boarding/Kennel without Outside Pens be a permitted use by right within the Light- Industrial (LI) District. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. General Business 2. Consider, and act upon, Resolution No. 2007-35(R) supporting the 2007 Collin County Transportation Committee bond recommendations. (M. Manson, City Manager) Minutes—October 23, 2007 Wylie City Council Page 4 Staff Comments City Manager Manson addressed Council stating that earlier this year the Commissioners Court appointed three committees to make recommendations of projects to be included in the 2007 Bond Election. The Transportation Committee, which included Earl Newsom, began a series of meetings to review the requests from Collin County cities. The projects in Wylie are: Brown Street from FM 1378 to Ballard Avenue; Stone Road from Akin Lane to County Line Road; and McMillan Road from McCreary to FM 1378. The cities of Murphy and Sachse also have projects on the recommended list which are linked to Wylie thoroughfares. Council Action A motion was made by Councilman Young seconded by Councilman Porter to approve Resolution No. 2007-35(R) supporting the 2007 Collin County Transportation Committee bond recommendations. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. 3. Consider, and act upon, appointment of a City Councilmember to serve on the City of Wylie/Wylie Independent School District (City/School Partnerships) Partnerships Sub-committee. (M. Manson, City Manager) Staff Comments On October 25, 2007 the Wylie City Council approved Ordinance No. 2005-55 creating the City of Wylie/Wylie Independent School District Partnerships Subcommittee. This ordinance provided for a three member representation from both WISD (Trustees) and the City (Council members). The May 2007 General Election caused a vacancy to the subcommittee, with Eric Hogue not seeking re-election, therefore Council is asked to name a replacement to the City Subcommittee. Other members serving on the City Subcommittee are Mayor John Mondy and Councilman Rick White. The City Manager serves as the facilitator to the City Council Subcommittee for WISD Relations. School trustees include: Susan Shuler, Ronni Fetzer, and Barron Cook. Dr. Fuller is the facilitator for the School Subcommittee for City Relations. Council Action A motion was made by Councilman Porter, seconded by Councilman White to appoint Councilman David Goss to the City of Wylie/Wylie Independent School District Partnerships Sub-committee. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. 4. Consider, and act upon, Ordinance No. 2007-36 repealing Ordinance Nos. 2004-25 and 2007-25 and amending Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this ordinance. (I Duscio, Assistant Police Chief) Staff Comments Assistant Police Chief Duscio addressed Council stating that the changes requested in the proposed Ordinance were as follows: Section 110-133. 2) (e) Expand the school on WA Allen 460' to the north to the crosswalk located at WA Allen and south Surrey Circle. This would change this subsection to read as follows: Amend the school zone on W.A. Allen Boulevard from a point 1000 feet north of the point of its intersection with Springwood Lane to a point two-tenths of a mile south to the intersection of Stone Minutes—October 23, 2007 Wylie City Council Page 5 Road. Assistant Chief Duscio explained that this area is in a curve making the line of sight difficult. By expanding the school zone to the north traffic will be slowed prior to entering the curve. Amend section Sec. 110-133. 2) (s)times. The times that school starts and lets out have changed. We are requesting to change times from 7:15 am to 8:00am; to 7:15am to 8:45 am and from 2:40pm to 3:15pm to 2:40 to 3:45pm. He explained that this would cover start and end times for 2 schools on Hooper Rd. The last amendment is to repeal section 110 -133. 5) (a) Stone Road from Ballard to Akin. This stretch of road way has undergone widening to 4 lanes. The area was monitored for two weeks for pedestrian traffic, specifically school aged pedestrians crossing. Minimal pedestrian traffic was observed with most crossing at the controlled intersection of Ballard and Stone where there is a crossing guard. He reported that he and the city engineer are in agreement that there is not a need for a school zone at this location. Council Action A motion was made by Councilman Porter seconded by Councilman White to approve Ordinance No. 2007-36 repealing Ordinance Nos. 2004-25 and 2007-25 and amending Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima fade maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this Ordinance. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. 5. Consider, and act upon, Ordinance No. 2007-37, amending Ordinance No. 96-1 to provide regulations regarding areas of shallow flooding and flood ways. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the Texas Commission on Environment Quality (TCEQ) conducted a Community Assistance Visit (CAV) for the City of Wylie. The purpose of the CAV is to evaluate and assist the City in its administration of National Flood Insurance Program (NFIP) requirements. TCEQ noted during their visit that the City should update the flood damage prevention ordinance to add requirements for areas of shallow flooding as well as flood ways as identified by the NFIP. He reported that the proposed ordinance adds sections to our current ordinance to meet the requirements as outlined by the TCEQ. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2007-37 amending Ordinance No. 96-1 to provide regulations regarding areas of shallow flooding and flood ways. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. 6. Consider, and act upon, all matters incident and related to approving and authorizing publication of notice of intention to issue of $2,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2007B including the adoption of Resolution No. 2007-36(R) pertaining thereto. (L. Williamson, Finance Director) Staff Comments w.. Finance Director Williamson addressed Council stating that the citizens of Wylie approved the issuance of $1,500,000 General Obligation Bonds to build a new fire station. The estimated cost to build the fire station is approximately $3,400,000. The $2,000,000 Certificates of Obligations are being sold to Minutes—October 23, 2007 Wylie City Council Page 6 Council Action A motion was made by Councilman Porter seconded by White to approve all matters incident and related to approving and authorizing publication of notice of intention to issue of $2,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2007B including the adoption of Resolution No. 2007-36(R) pertaining thereto. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth 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 Nos. 2007-35, 2007-36 and 2007-37 into the official record. Mayor Mondy convened into Executive Session at 7:35 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 consultation with Attorney; Closed Meeting "" • Pursuant to Section 551.071, Texas Government Code, Consultation with attorney for the city regarding potential litigation by the Homebuilders Association of Greater Dallas against the City regarding the validity of the Fire Station fees (Fire Development Fees) provided for under Ordinance 2007-12 of the City of Wylie Texas. §§ 551.072 deliberate the purchase, exchange, lease or value of real property generally located at: • In the vicinity of Olde City Park at State Highway 78 and Ballard Street. §§ 551.087 deliberations regarding economic development negotiations. • Consider Issues Surrounding the Provision of Economic Assistance to Direct Development as Authorized in Section 551.087 (Economic Development Negotiations) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). §§ 551.087 deliberations regarding economic development negotiations. • Consider issues surrounding a Performance/Incentive Agreement between the City of Wylie and Greenway Development Company as authorized in Section 551.087 (Economic Development Negotiations) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). Minutes—October 23, 2007 Wylie City Council Page 7 Mayor Mondy reconvened into Open Session at 9:09 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: No Action was taken as a result of the Executive Sessions. ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the meeting at 9:10 p.m. Consensus of Council was to adjourn. fohrAllon , Mayor ATTEST: ``````y F�� y•• • •�� :� SEAL C ole Ehrlich i y Secretary � /E' ;E `‘`‘ Minutes—October 23, 2007 Wylie City Council Page 8