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12-09-2014 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, December 9, 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 Eric Hogue, Mayor pro tern Keith Stephens, Councilman Nathan Scott, Councilman Bennie Jones, Councilman David Dahl, Councilman Todd Wintters, and Councilman William Whitney III. Staff present were: City Manager, Mindy Manson; Fire Chief, Brent Parker; Planning Director, Renae' 011ie; Chris Hoisted, City Engineer; Finance Director, Linda Bantz; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor pro tern Stephens gave the invocation and Councilman Scott led the Pledge of Allegiance. 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 wishing to address Council during Citizens Comments. 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 November 11,2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) Minutes December 9, 2014 Wylie City Council Page 1 B. Consider, and act upon,the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2014 and November 30, 2014. (S. Satterwhite, WEDC Director) C. Consider, and act upon, Ordinance No. 2014-41 authorizing the City Manager to Amend Wylie Code of Ordinances, Chapter 38 (Emergency Services), Article H (Alarm Systems), Sections 38-22 (Alarm Permit Requirements) and 38-24 (Fees for False Alarm Notification), Regulating Alarm Systems;Providing for the Issuance and Revocation of Alarm Permits and for the Establishment of Permit Fees; Allowing for Response Termination by the City Police and/or Fire Department in the Event of Noncompliance with this Ordinance; Providing a Penalty for the Violation of this Ordinance; Providing Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption hereof; and Providing an Effective Date of this Ordinance. (B. Parker, Fire Chief) D. Consider, and act upon,Resolution No. 2014-41(R) authorizing the City Manager to amend Resolution No. 2010-39(R) and approve and execute a revised Facilities Use Agreement and associated contracts and paperwork with an entity wishing to utilize the Southeast Collin County Regional Training Facility located behind Station Two at 555 Country Club,Wylie, Texas and meeting the requirements of the Rules of Engagement. (B. Parker, Fire Chief) E. Consider,and act upon,Resolution No. 2014-42(R) of the City Council of the City of Wylie, Texas, authorizing the purchase of LifePak®15 Monitor/Defibrillator units, related accessories, and technical service agreement from Physio-Control Inc., a sole-source provider of LifePak® products,in the estimated amount of$106,965.90; and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) F. Consider, and act upon, the purchase of Precor brand fitness equipment, warranties and installation from Team Marathon Fitness, in the amount of $60,971.00 for the Wylie Recreation Center through the use of a cooperative purchasing contract with the Texas Association of School Boards (TASB) Buy Board Cooperative contract #423-13/Wylie Agreement #W2015-33-I; and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) G. Consider, and act upon, Ordinance No. 2014-42 amending PD 2011-07 of the Estates of Creekside to decrease the front yard and rear yards for Tract A and Tract B lots for the purpose of constructing larger homes with expanded outdoor living areas, generally located south of Parker Road and approximately '/: mile west of Country Club Road. ZC 2014-10. (R. 011ie, Planning and Zoning Director) H. Consider, and act upon, approval of a Preliminary Plat for Kreymer Estates Phase III consisting of 29.765 acres for 74 single family residential lots and 3 open space lots dedicated to the City of Wylie, generally located South of E. Brown Street and approximately 130 feet east of Douglas Drive. (R. 011ie, Planning and Zoning Director) Consider,and act upon,approval of a Final 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.Property zoned PD 2008-43. (R 011ie, Planning and Zoning Director) Minutes December 9, 2014 Wylie City Council Page 2 J. Consider, and act upon,approval of a Final Plat for Winger Addition, Block A, Lots 1 & 2, consisting of 1.857 acres to establish two commercial lots, generally located west of S.H. 78 and approximately 700 feet south of Eubanks Lane. (R 011ie, Planning and Zoning Director) K. Consider,and act upon,approval of a Final Plat for Walmart Store#6078,being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey. Subject property generally located on the northeast corner of McMillian and McCreary. (R. 011ie, Planning and Zoning Director) L. Consider, and act upon, approval of a Final Plat creating a single open space lot to be dedicated as parkland to the City of Wylie, located within the Braddock Place Subdivision, and generally located west of FM 544 and south of Elm Drive. (R 011ie, Planning and Zoning • Director) M. Consider, and act upon, approval of Ordinance No. 2014-43 prohibiting parking, stopping, or standing of a vehicle along the east side of Woodbridge Parkway from South Hensley Lane to North Hensley Lane, and along the north side of South Hensley Lane from Woodbridge Parkway to a point 800'east. (C. Holsted, City Engineer) N. Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2014. (L. Bantz, Finance Director) O. Consider, and place on file,the City of Wylie Monthly Revenue and Expenditure Report for October 31,2014. (L. Bantz, Finance Director) Council Action A motion was made by Councilman Scott, seconded by Councilman Jones to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Hold a Public Hearing and consider,and act upon,amending Planned Development 2006-55 (PD-2006-55), Section IV Specific Regulations to allow no more than 2 garage doors to face the street; generally located west of F.M. 544, south of Alanis Drive. ZC 2014-11. (R 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject tract was part of a Planned Development adopted August 22, 2006 in order to develop a master planned residential community. A Final Plat for phase 1 was approved in 2013 and created 52 single-family residential lots and one open space lot. 011ie explained the intent of the amendment is to modify the regulations of garage doors facing a public street. The applicant states that builders have been approached by multiple buyers requesting four and five car garages. The current PD Conditions require that only the single car door in a 2 and 1 configuration may face the street. Although on corner lots, the garages may face the street. Minutes December 9, 2014 Wylie City Council Page 3 Because potential homebuyers are requesting that a 2:2 or a 3:2 configuration be constructed, the applicant is requesting that the ordinance be amended to allow for no more than 2 garage doors may face a street. In addition, any garage door that faces the street shall be an architectural upgraded door with decorative door hardware. 011ie reported no other changes are affected by this request. The Commission discussed the types of doors to be required and voted to allow the amendment, but require that all doors on the 2:2 or 3:2 configuration must be architectural upgraded doors with decorative hardware. The Commission voted 5-0 to recommend approval. Ryan Joyce, representing The Skorburg Company (applicant), completed a short presentation showing the design of the architectural upgraded doors and decorative hardware. Councilman Jones asked Mr. Joyce how the upgraded doors were enforced should one of the residents replace the existing door. Mr. Joyce replied that as part of the architectural requirements of the HOA, which is presented to each homeowner at the time of purchase, the requirement of door replacement would go through an approval process of the Architectural Committee. This committee insures that the requirements are adhered to. Public Hearing Mayor Hogue opened the public hearing on Item #1 asking anyone wishing to address Council to come forward. There were no citizens present wishing to address Council. Mayor Hogue closed the public hearing at 6:28 p.m. Council Action A motion was made by Councilman Wintters, seconded by Councilman Whitney to approve, amending Planned Development 2006-55 (PD-2006-55), Section IV Specific Regulations to allow no more than 2 garage doors to face the street, and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware; generally located west of F.M. 544, south of Alanis Drive (ZC 2014-11). A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing and consider,and act upon,amending Planned Development 2005-24 (PD-2005-24) Braddock Place IV, Section IV Specific Regulations to allow no more than 2 garage doors to face the street; generally located south of Elm Drive and west of FM 544. ZC 2014-12 (R 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject tract was part of a Planned Development adopted July 26, 2005 in order to develop a master planned residential community. The Final Plat for Phase IV was approved in 2013 and created 77 single-family residential lots. 011ie explained the intent of the amendment is to modify the regulations of garage doors facing a public street. The current PD Conditions allow for only the single door of a 2:1 configuration to face a public street. The applicant is requesting that lots less than 12,000 s.f. are allowed to have front facing garage doors, and must be an architectural upgraded door and contain decorative door hardware. The applicant states that builders have requested that the requirement of side swing garages decreases the amount of residential product that can be utilized. 011ie explained the amendment will allow more architectural variety within this phase of Braddock. Minutes December 9, 2014 Wylie City Council Page 4 011ie reported notifications were sent to thirty-two residents; with two responses returned opposing the request and no responses favoring the request. The Commission discussed the types of doors to be required and voted to allow the amendment, but require that all doors on the 2:2 or 3:2 configuration be architectural upgraded doors with decorative hardware. The Commission voted 5-0 to recommend approval. Council Discussion Mayor Hogue asked Planning Director 011ie if the amendment would allow any two garage doors to face the street. Would one, two car garage door constitute one of the two allowable doors to face the street? Ms. 011ie replied that the two car door would constitute one door and, as amended, would allow up to two of the double car doors to face the street. Mr. Jacobs commented that based on the front footage (60' width) this would not be feasible. Mayor Hogue asked Mr. Jacobs if it was possible. Mr. Jacobs replied yes it was. He stated that he had no problem with limiting three car spaces facing the street to the PD. Public Hearing Mayor Hogue opened the public hearing on Item #2 asking anyone wishing to address Council to come forward. There were no citizens present wishing to address Council. Mayor Hogue closed the public hearing at 6:44 p.m. Council Action A motion was made by Councilman Wintters, seconded by Mayor pro tem Stephens to approve, amending Planned Development 2005-24 (PD-2005-24) Braddock Place IV, Section IV Specific Regulations to allow that no more than a two car garage door(s) may face the street on lots less than 12,000 square feet, and that all 2:2 or 3:2 configurations must be architectural upgraded doors with decorative hardware, generally located south of Elm Drive and west of FM 544 (ZC2014-12). A vote was taken and the motion passed 7-0. 3. Hold a Public Hearing and consider, and act upon, a Replat for Hooper Business Park Lot 7R consisting of 1.55 acres, generally located at northwest corner of Steel Road and Security Court. (R 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the property totals 1.55 acres and will create one light industrial lot for a commercial business. It combines lots 6 and 7, with a portion of lot 5A from the Hooper Business Park Addition. A site plan for Wylie Elite Gym (Cheer Gym) was approved for the subject tract by the Planning Commission on November 18th. Public Hearing Mayor Hogue opened the public hearing on Item #3 asking anyone wishing to address Council to come forward. There were no citizens present wishing to address Council. Mayor Hogue closed the public hearing at 6:51 p.m. Minutes December 9, 2014 Wylie City Council Page 5 Council Action A motion was made by Councilman Whitney, seconded by Councilman Jones to approve a Replat for Hooper Business Park Lot 7R consisting of 1.55 acres, generally located at northwest corner of Steel Road and Security Court. A vote was taken and the motion passed 7-0. 4. Hold a Public Hearing and consider,and act upon,a Replat for Schupbach Estates,Lots 1-2 consisting of 0.633 acres establishing two single family residential lots, generally located southeast of W. Brown Street and Carriage House Way. (R 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that originally developed in the early 1950s in association with a single family homestead, this property was a portion of a larger tract recently rezoned (ZC2012-03) and subsequently platted in April 2012. The plat (Mockingbird Hill) established three independent lots from the original tracts. The primary Lot 1 is where the single family home is located, Lot 2 is currently vacant and Lot 3 the subject of this replat has storage sheds and a red barn. Public Hearing Mayor Hogue opened the public hearing on Item #4 asking anyone wishing to address Council to come forward. Robert Reyes, surveyor for the applicant, addressed Council stating that this replat would improve the lot and bring the property to code. Mayor Hogue closed the public hearing at 6:55 p.m. Council Action A motion was made by Councilman Dahl, seconded by Mayor pro tem Stephens to approve, a Replat for Schupbach Estates, Lots 1-2 consisting of 0.633 acres establishing two single family residential lots, generally located southeast of W. Brown Street and Carriage House Way. A vote was taken and the motion passed 7-0. 5. Hold a Public Hearing and consider, and act upon, approval of a Replat for Wylie Retail Office Park; Block A, Lot 4A generally located at the southwest corner of SH 78 and Kreymer Lane. (R 011ie, Planning and Zoning Director) Staff Comments The property totals 1.151 acres and the purpose for the replat is to dedicate the necessary fire lane, access and other easements associated with development of the property. Public Hearing Mayor Hogue opened the public hearing on Item #5 asking anyone wishing to address Council to come forward. There were no citizens present wishing to address Council. Minutes December 9, 2014 Wylie City Council Page 6 Mayor Hogue closed the public hearing at 7:00 p.m. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Scott for approval of a Replat for Wylie Retail Office Park; Block A, Lot 4A generally located at the southwest corner of SH 78 and Kreymer Lane. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, Ordinance No. 2014-44, amending Wylie's Code of Ordinances No. 2005-07, Chapter 22 (Buildings and Building Regulations), Article XX (Sign Regulations), Sections 22-441 (Intent), 22-442 (Definitions), 22-443 (Administration), 22-447 (Attached Sign Regulations), 22-448 (Monument Sign Regulations), 22-449 (Other Types of Signs) and 22-450 (Regulations for Temporary Signs) Repealing Ordinance No. 2009-21 to allow the City of Wylie,Texas to more effectively regulate signs. (B. Killebrew, Building Official) Staff Comments Building Official Killebrew addressed Council stating that as the City grows and technology changes, our sign ordinance must change with it to keep up with progress. We understand that there is a fine line between having an underdeveloped sign ordinance and becoming overrun with signage. Building Official Killebrew explained staff had revamped this ordinance to try and balance both. Mayor Hogue asked Building Official Killebrew if there was a requirement for removal of political signs after the election. Building Official Killebrew replied there was no requirement within the current ordinance. City Manager Manson responded that staff could look at state law to see if a revision could be made with regard to political sign removal. Mayor Hogue responded he was in favor of researching possible options to add to the ordinance. Council Motion A motion was made by Councilman Scott, seconded by Councilman Dahl adopting Ordinance No. 2014-44, amending Wylie's Code of Ordinances No. 2005-07, Chapter 22 (Buildings and Building Regulations), Article XX (Sign Regulations), Sections 22-441 (Intent), 22-442 (Definitions), 22-443 (Administration), 22-447 (Attached Sign Regulations), 22-448 (Monument Sign Regulations), 22-449 (Other Types of Signs) and 22-450 (Regulations for Temporary Signs) Repealing Ordinance No. 2009-21 to allow the City of Wylie, Texas to more effectively regulate signs. A vote was taken and the motion passed 6-0-1 with Mayor Hogue, Mayor pro tern Stephens, Councilman Scott, Councilman Jones, Councilman Wintters, and Councilman Dahl voting for and Councilman Whitney abstaining. Mayor Hogue asked Councilman Whitney if he had filled out a conflict of interest form prior to the meeting. Mr. Whitney stated he did not and asked to reconsider the vote. Consensus of Council was to reconsider the vote. Council Action A motion was made by Councilman Scott, seconded by Councilman Dahl adopting Ordinance No. 2014-44, amending Wylie's Code of Ordinances No. 2005-07, Chapter 22 (Buildings and Building Regulations), Article XX (Sign Regulations), Sections 22-441 (Intent), 22-442 (Definitions), 22-443 (Administration), 22-447 (Attached Sign Regulations), 22-448 (Monument Sign Regulations), 22-449 (Other Types of Signs) and 22-450 (Regulations for Temporary Signs) Repealing Ordinance No. 2009-21 to allow the City of Wylie, Texas to more effectively Minutes December 9, 2014 Wylie City Council Page 7 regulate signs. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tern Stephens, Councilman Scott, Councilman Jones, and Councilman Dahl voting for and Councilman Whitney voting against. 7. Consider, and act upon,Resolution No. 2014-43(R) authorizing the City Manager to execute an Interlocal Agreement with the North Texas Municipal Water District for installation of a Water Conservation Garden at the City's Municipal Complex. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the North Texas Municipal Water District(NTMWD) is in the process of building a new Administration Building on their complex at the northwest corner of Highway 78 and Brown Street. During the planning for the project, NTMWD staff had initially hoped to be able to build a water conservation garden to serve as an educational tool utilizing drought tolerant plants. It became apparent that the construction site was too limited in size and would not lend itself to a fully developed garden. Discussions began to possibly have the conservation garden be on City property, and the concept under consideration was developed. Staff determined the optimal site to place the garden was between the Recreation Center and Library. The NTMWD will fund the installation and plant material and asked the City to provide future maintenance. Manson displayed a design showing the size of the garden and possible plant material to be used. Councilman Jones asked if the City could support future maintenance requirements. City Manager Manson replied absolutely; the City is now maintaining the plants currently in the area. Councilman Scott commented he felt this was very forward thinking and something citizens could learn from and enjoy. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Scott to adopt Resolution No. 2014-43(R) authorizing the City Manager to execute an Interlocal Agreement with the North Texas Municipal Water District for installation of a Water Conservation Garden at the City's Municipal Complex. A vote was taken and the motion 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 captions to Ordinance No.'s 2014-41, 2014-42, 2014-43, and 2014-44 into the official record. Mayor Hogue announced there would be no work session this evening; the work session was cancelled by the applicant. WORK SESSION Hold a Work Session to discuss potential redevelopment of an existing Manufactured Home Park (Wylie Butane Mobile Home Park) to a mixed use (commercial & multi-family) development, generally located east of S.H. 78 and south of F.M. 544 Minutes December 9, 2014 Wylie City Council Page 8 LMayor Hogue convened into Executive Session at 7:39 p.m. reading the caption below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec.551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. Property located near Jefferson and Ballard Avenue. Mayor Hogue reconvened into Open Session at 8:05 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. No action was taken as a result of Executive Session. ADJOURNMENT A motion was made by Councilman Dahl, seconded by Mayor pro tern Stephens to adjourn the meeting at 8:04 p.m. A vote was taken and the motion passed 7-0. i Eric Hogue, M r ATTEST: 0 Ca le Ehrlich, C' ecretary �r � ��^� v Glc ,uf,COIORADO. gpNTp PE RAILWAY s 01887 s 1:4rE OF TV'''. Minutes December 9, 2014 Wylie City Council Page 9