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
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Wylie City Council
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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)
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- 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):
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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
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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
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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
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Wylie City Council
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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
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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.
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Wylie City Council
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