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01-08-2008 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, January 8, 2008 — 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 6:00 p.m. Council Members present were: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, Councilman Merrill Young and Councilman Carter Porter. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Planning Director, Renae' 011ie; Police Chief, John Duscio; Fire Chief, Randy Corbin; Public Services Director, Mike Sferra; City Engineer, Chris Hoisted; Construction Manager, Shane Colley; Wylie Economic Development Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Corbin gave the invocation and Councilman White led the Pledge of Allegiance. PRESENTATIONS • Presentation to 3rd Six Weeks Star Students — Character Trait of "Caring". (J. Mondy, Mayor/Council) Mayor Mondy and Mayor Pro Tern Byboth presented certificates to students from the WISD campuses showing the character trait of "Caring". Students are nominated by their teachers and one student is chosen for each campus. 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. There were no citizens present that wished to address Council during Citizens Comments. Minutes—January 8, 2008 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 from the December 5, 2007 Special Called Meeting, December 11, 2007 Regular Meeting, and the December 20, 2007 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2008-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) C. Consider, and act upon, approval and final acceptance of Nortex Pump Station Improvements and authorize final payment to Crescent Constructors, Inc., in the amount of $28,273.48, and accept the project as complete. (C. Hoisted, City Engineer) D. Consider, and act upon, Resolution No. 2008-02(R) authorizing submittal of grant applications to the North Central Texas Council of Governments (NCTCOG) for state solid waste implementation funds. (M. Sferra, Public Services Director) E. Consider, and act upon, Ordinance No. 2008-01 amending Zoning Ordinance 2005- 28 Article 3 (Residential District Regulations) as it relates to Yard Requirements. (R. 011ie, Planning Director) Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and passed 7-0. REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance 2006-04, Article 5, Section 5.1(F)(3): Retail, Personal Service and Commercial, establishing regulations specifying the location of Major Automobile Repair uses. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that staff had conducted research on the permitted uses . within the Light-Industrial (LI) District. Particularly Automobile Repair, Major. Currently the use is allowed by right in Commercial Corridor and Heavy-Industrial Zoning Districts. Staff has been approached by a property owner who wishes to operate such use in the City limits of Wylie. However, the property is currently zoned LI. The subject property is located within the Regency Business Park Addition. Minutes—January 8, 2008 Wylie City Council Page 2 Planning Director 011ie explained that the 1962 Zoning Ordinance allowed automobile repair shops subject to no out door storage or outdoor work being performed in the Commercial 1 and Industrial Zoning Districts. However, with the adoption of the 1985 Zoning Ordinance Commercial Business Districts C-1 & C-1-R were further refined and replaced with Retail and Business Districts B-1 & B-2. She reported that additional revisions and amendments came in 2001 in which the old B-1 and B-2 Districts converted to either Community Retail or Commercial Corridor Districts. The Regency Business Park Addition annexed in 1984 was rezoned from Industrial to Business Center(BC) in February 2002 with the adoption of the new city-wide Zoning Ordinance and Map. The new Business Center District allowed for light assembly and office warehouse,uses. She reported that in 2006, the City implemented major revisions to Article 5 of the Zoning Ordinance and the official Zoning Map. Ordinance 2006-04 & 2006-58 eliminated Business Center (BC) District and Industrial (I) District and created Light Industrial (LI) and Heavy Industrial (HI) Districts. Planning Director 011ie explained that in considering this item, the Planning Commission is recommending that major automobile repair uses be allowed within the Light Industrial Zoning District with a Specific Use Permit. The Light Industrial Zoning District includes less-intensive assembly, warehousing and distribution of products, while excludes uses such as but not limited to meat packing, chemicals and petroleum processing and manufacturing and foundries. The Special Use Permit would provide a means for developing certain uses in a manner in which the proposed use will be compatible with adjacent properties and allows for site specific conditions where certain impacts may exist that require additional review to ensure compatibility between uses. The SUP process would afford the Commission and Council the opportunity to impose screening requirements to protect neighboring property owners even in the same zoning district. Ms. 011ie reported that in addition to the LI District, it is recommended that the Commercial Corridor(CC) District be amended to reflect the need for an SUP for major automobile repair. Under the current CC regulations, outside storage must be screened from view from any public street unless screened by an intervening building. There are no screening requirements when adjoining property is within the same zoning district. She explained that, again, the SUP would allow for specific conditions to be imposed on the property to ensure compatibility between uses. Council Discussion Mayor Mondy asked Planning Director 011ie what was driving this request. Planning Director 011ie replied that an application had been submitted by a property owner in the Regency Park District for "automobile repair services". She explained that when looking at the zoning ordinance these were classified as "major" and "minor" repair services. She stated that this initiated further review and the subsequent ordinance amendment. Mayor Mondy asked Sam Satterwhite, WEDC Executive Director to come forward. He asked him to explain the effect this amendment would have for this area and the planned improvements to the Regency Park district. Mr. Satterwhite stated that for properties that currently do not comply with zoning standards and the ordinances they were grandfathered in by; it is very difficult to rehabilitate and redevelop those types of properties. He explained that with the requirement of an SUP, the City could provide better protection and with new construction there are stipulations such as paved parking and other improvements that are required by city ordinances and codes. He suggested that it was up to the property owners and code enforcement to insure that the property was kept within the requirements of the zoning and building ordinances. Councilman Porter asked Planning Director 011ie if the SUP would require additional stipulations for each property and situation rather than across the board requirements. Ms. 011ie replied that was correct. Councilman Young stated that he believed screening needed to be included in any repair service in the Regency Park area and that this should be a requirement within any SUP issued. Mayor Pro Tern Byboth stated that he believed the Planning Commission was headed in this direction when they amended the Zoning Comprehensive Plan. Councilman Goss concurred. He stated that he believed the SUP gave the City some flexibility and also gave constraints that new construction would be required to stay within. "Even though we are allowing them to do it; we are telling them how to do it." City Manager Manson explained that not only could the stipulations be put in place on each individual SUP but by requiring an SUP, it is not allowed by right and can be denied. Minutes—January 8, 2008 Wylie City Council Page 3 Public Hearing Mayor Mondy opened the Public Hearing for amendments to Zoning Ordinance 2006-04, Article 5, Section 5.1(F)(3): Retail, Personal Service and Commercial, establishing regulations specifying the location of Major Automobile Repair uses, at 6:15 p.m. He asked anyone present wishing to address Council to come forward and state their name and address for the record. No one was present to address Council during the Public Hearing. Mayor Mondy closed the Public Hearing at 6:15 p.m. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to approve an amendment to Zoning Ordinance 2006-04, Article 5, Section 5.1(F)(3): Retail, Personal Service and Commercial, establishing regulations and specifying the location of Major Automobile Repair uses. A vote was taken and passed 7-0. 2. Hold a Public Hearing for the annexation of a 0.1079 acre tract of land situated in the H. Maxwell Survey, Abstract No. 579, Collin County, Texas, generally located south of F.M. 544, west of Maxwell Creek Road, and adjacent to Woodbridge North Development. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that this annexation is at the request of the City of Wylie. The property is located south of F. M. 544, west of Maxwell Creek Road, and adjacent to Woodbridge North Development. The City Council of Murphy, Texas has de-annexed the subject property from its corporate city limits per the approved boundary agreement. She reported that the vacant 0.1079 acre tract does not contain any residents of the City of Murphy. Planning Director 011ie explained that before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings December 26, 2007 First Public Hearing January 8, 2008 Second Public Hearing January 22, 2008 Adoption of Ordinance February 12, 2008 Planning Director 011ie explained that Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Public Hearing Mayor Mondy opened the first public hearing for the annexation of a 0.0179 acre tract of land situated in the H. Maxwell Survey, Abstract No. 579, Collin County, Texas at 6:18 p.m. asking anyone present wishing to address Council on this annexation to come forward and state their name and address. Minutes—January 8, 2008 Wylie City Council Page 4 Mayor Mondy asked if the property owner was present to address Council. Planning Director 011ie reported that the property owner was not present. Mayor Mondy asked if the property owner was notified of the public hearing. Planning Director 011ie reported that the Notice of the Public Hearing was published in the paper per the Wylie City Charter and Local Government Code. No one was present to address Council during the public hearing. Mayor Mondy closed the public hearing at 6:18 p.m. The second public hearing will take place January 22, 2008 during the next regular scheduled City Council meeting. General Business 3. Consider, and act upon, approval of a Professional Engineering Services Agreement with Birkhoff, Hendricks & Conway, L.L.P., in an amount not to exceed $1,048,000, for the design of the expansion of Brown Street from FM 1378 to Ballard Avenue. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the 2005 City of Wylie Bond Program identified $9,000,000 for the design and construction of approximately 9,500 linear feet of 4-lane concrete ` "` pavement section with sidewalks on Brown Street from FM 1378 to Ballard Avenue. $4,453,750 was also included in the recent Collin County Bond Program for the project as shown on the attached table. Total funds available for the project are $13,453,750. The first bond issue included $1,220,000 for engineering and right of way acquisition for this project. Engineering services for the project include the design of a 4- lane paving section, storm sewer, sidewalks, utility relocations, erosion control, traffic control, and right of way documents. A summary of the proposed engineering fee is shown below: Summary of Fees Preliminary Design Phase $294,000 Final Design Services $420,000 Bid Phase Services $25,200 Construction Phase $100,800 Additional Services $208,000 TOTAL $1,048,000 City Engineer Hoisted explained that the additional services include field survey, right-of-way map, field note descriptions, flood study, grade separated railroad crossing study, franchise utility locates geotechnical report, signal warrant study, landscape and irrigation plans, and street lighting plans. The survey, right-of-way, and field note services are necessary to complete the project, however, the other services are optional and can be made a part of this project if Council so chooses. Additional services are billed on an hourly basis and the proposal suggests a maximum amount that is necessary to complete each task. He reported that the completion schedule indicates a preliminary schematic in March 2008, preliminary construction plans in August 2008, and advertising the project for construction in January 2009. Council Discussion Councilman Young asked City Engineer Hoisted if the cost differed if the alternate services were bid as alternates, or bid in with the contract. City Engineer Hoisted replied that there was not a cost difference; Minutes—January 8, 2008 Wylie City Council Page 5 the contractors typically see this type of thing on a large project so they know it may or may not get approved. in some cases it goes according to rank to the bidder in the order of alternates Council approves. City Engineer Hoisted explained that the cost would be more if it was changed by "change order" later. Bidding it as alternate services is the best process. You can then approve the base or any portions of the alternates you want. Councilman Goss asked for clarification regarding Part V, Exclusions, Item D; Certification that work is in accordance with plans and specifications. He asked City Engineer Hoisted if he was comfortable with the exclusion. City Engineer Hoisted replied that the City had ultimate inspections of the project and was comfortable with the exclusion. This is not a service that the engineering firm provides. He reported that there were two engineers on staff and the project would be inspected by those staff members, on a full time basis, throughout the length of the project. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve a Professional Engineering Services Agreement with Birkhoff, Hendricks & Conway, L.L.P., in an amount not to exceed $1,048,000. for the design of the expansion of Brown Street from FM 1378 to Ballard Avenue. A vote was taken and passed 7-0. 4. Consider, and act upon, approval of the proposed City of Wylie Storm Water Management Plan to be submitted to the Texas Commission on Environmental Quality (TCEQ). (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that the U.S. Environmental Protection Agency (EPA) issued regulations in 1999 to protect storm water quality in urbanized areas. In Texas, the Texas Commission on Environmental Quality (TCEQ) was delegated the responsibility for implementing the regulations, commonly called the Phase II Storm Water program. The City of Wylie is one of several hundred cities, counties, and other public entities required to develop a program to protect storm water quality under Phase II regulations. The EPA required the TCEQ to develop permit conditions for General Permit Number TXR040000 by December 9, 2002 to regulate public entities such as the City. The TCEQ finalized the permit on August 13, 2007 requiring the City to develop and submit a plan for a storm water management program within 180 days. Public Services Director Sferra reported that the program will need to be implemented over the next five years. Mr. Sferra explained that the implementation schedule and measurable goals for the five-year permit term were selected to meet the minimum requirements of the TCEQ and to minimize the impact upon the City budget. The City is required to develop a Storm Water Management Plan (SWMP) that describes specific actions that will be taken over a five-year period to reduce pollutants and protect the City's storm water quality. The Storm Water Management Plan also sets measurable goals and provides a schedule for the implementation for Best Management Practices. Implementation of the selected Best Management Practices is expected to result in reductions of pollutants discharged by the City. Mr. Sferra reported that as part of the FY07-08 midyear budget process, Council authorized funding for consultant services to assist in development of the SWMP with the stipulation that funds not be expensed until the TCEQ issued the General Permit. When the permit was finalized in August 2007, Freese and Nichols, Inc., a firm familiar with the City's storm water needs and SWMP development, was contracted to assist in developing the plan. Staff completed the draft document in December 2007. Mr. Sferra explained that in order to be in compliance with the TCEQ's 180 day deadline, the draft plan (presented tonight), with any changes suggested by Council, will need to be submitted to TCEQ by February 11, 2008. Council Discussion Councilman Young asked Public Services Director Sferra what would happen if the management plan was not implemented according to TCEQ requirements. Mr. Sferra explained that the City would receive Minutes—January 8, 2008 Wylie City Council Page 6 a non-compliance letter and if the City did not respond with the plan, there would be a series of fines placed on the City by TCEQ. Councilman Young asked how the phases of the implementation would be reported to the State. Mr. Sferra introduced Trey Shanks representing consultants Freese and Nichols, Inc. Mr. Shanks explained that once the plan is received by TCEQ, they will perform a review of the plan, insuring that the plan provides water quality benefits. He explained that on an annual basis, the City will be required to report what the City accomplished in the previous year and how well it worked. There will also be periodic visits to insure that what the City is reporting is actually what the City has completed. These will not be on an annual basis but rather random visits. Councilman Young asked if the standards will also include private property and easements such as driveways to insure water quality is protected. Public Services Director Sferra noted that these were included in the draft plan and may require the review of the City's design standards to insure they are in compliance with the plan. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve the Proposed City of Wylie Storm Water Management Plan to be submitted to the Texas Commission on Environmental Quality (TCEQ). A vote was taken and 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 caption to Ordinance No. 2008-01 into the official record. ADJOURNMENT With no further business before Council, Mayor Pro Tern Byboth made a motion to adjourn at 6:30 p.m. Councilman Goss seconded the motion. Consensus of Council was to adjourn. `,,‘",I1 i1,t,iri � y y vo .....�; ohn M nd , Mayor ATTEST: = 3 :",A L -= = 1lerlich, ity Secretary Minutes—January 8, 2008 Wylie City Council Page 7