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10-25-2016 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes City Council Meeting Tuesday, October 25, 2016—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 6:00 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor pro tern Keith Stephens, Councilman David Dahl, Councilwoman Candy Arrington, Councilwoman Diane Culver, and Councilman Jeff Forrester. Councilman William Whitney III was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Chris Hoisted; Development Services Director, Renae 011ie; Police Chief, Anthony Henderson; Finance Director, Linda Bantz; City Engineer, Tim Porter; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Allen Stroud, representing the First Baptist Church Wylie, gave the invocation and Parks and Recreation Superintendent Robert Diaz led the Pledge of Allegiance. PRESENTATIONS • Proclamation of November 4,2016 as Arbor Day in the City of Wylie. (S.Rogers, Parks Manager) Mayor Hogue presented a Proclamation denoting November 4, 2016 Arbor Day in the City of Wylie. Those present for the proclamation were Parks Manager Shohn Rogers and Girl Scout Service Unit number #148. The members will be giving away tree seedlings as a community service project. Minutes—October 25, 2016 Wylie City Council Page 1 • Presentation for Municipal Court Week November 7-11. Mayor Hogue presented a proclamation designating November 7-11, 2016 as Municipal Court Week in the City of Wylie. Court Supervisor Lisa Davis was recognized for having completed her Municipal Court Certification#3, which only a few in Texas have received. Also present was Municipal Court Judge Maldonado, Wylie Municipal Court Prosecutor Don High, and Wylie court staff. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak 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. 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 October 11,2016 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider,and act upon,Ordinance No.2016-26 authorizing the annexation of 4.165 acres of land situated in the R.D.Newman Survey,Abstract No.660,Collin County,Texas,located at 2701 Hwy.78. (R. 011ie,Development Services Director) C. Consider, and act upon, approval of the Bylaws, and Rules of Procedure for the Historic Review Commission. (R. 011ie, Development Services Director) D. Consider, and act upon, the approval of the purchase of fitness equipment from Team Marathon Fitness in the estimated amount of$53,266.78 through a cooperative purchasing contract with .Buy Board Cooperative Purchasing (#502-16), and authorizing the City. Manager to execute any necessary documents. (G. Hayes, Purchasing) E. Consider,and place on file,the City of Wylie Monthly Investment Report for September 30, 2016. (L. Bantz,Finance Director) F. Consider, and place on file, the City of Wylie Preliminary Monthly Revenue and Expenditure Report for September 30,2016. (L.Bantz,Finance Director) G. Consider,and act upon,Resolution No.2016-26(R)authorizing the City Manager of the City of Wylie, Texas, to Execute Adoption of the Collin County Hazard Mitigation Action Plan, September 2016. (B.Parker, Fire Chief) Mayor Hogue announced staff had requested Consent Item B be removed from the Consent Items and considered individually due to a request to table. Consensus of the Council was to remove Item B. Minutes—October 25,2016 • Wylie City Council Page 2 Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Culver to approve A, C, D, E, F, and G of the Consent Items, and consider Item B individually. A vote was taken and the motion passed 6-0 with Councilman William Whitney absent. REGULAR AGENDA B. Consider,and act upon, Ordinance No. 2016-26 authorizing the annexation of 4.165 acres of land situated in the RD.Newman Survey,Abstract No.660,Collin County,Texas,located at 2701 Hwy 78. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the applicant had requested the item be tabled to the November 14, 2016 City Council meeting to allow the applicant more time to finalize documents. Council Action A motion was made by Councilman Forrester, seconded by Councilwoman Culver to table Ordinance No. 2016-26 authorizing the annexation of 4.165 acres of land situated in the R.D. Newman Survey, Abstract No. 660, Collin County, Texas, located at 2701 Hwy 78 to the November 14, 2016 City Council meeting. A vote was taken and the motion passed 6-0 with Councilman William Whitney absent. Tabled from 09-13-2016 Remove from table and consider Council Action A motion was made by Councilwoman Culver, seconded by Councilman Dahl to remove Item #1 from the table and consider. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 1. Consider,and act upon,Ordinance No.2016-18 authorizing the annexation of approximately 5.23 acres of land situated in the Francisco De La Pina Survey, Abstract No. A0688, Tract 126,Collin County,Texas, located 1023 Kreymer Lane(1023 Private Road 5259). 2016-02A. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie reported the applicant had requested this item be re-tabled to the November 14, 2016 City Council meeting. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilwoman Arrington to table Ordinance No. 2016-18 authorizing the annexation of approximately 5.23 acres of land situated Minutes—October 25, 2016 Wylie City Council Page 3 in the Francisco De La Pina Survey, Abstract No. A0688, Tract 126, Collin County, Texas, located 1023 Kreymer Lane (1023 Private Road 5259) to the November 14, 2016 City Council meeting. A vote was taken and the motion passed 6-0 with Councilman William Whitney absent. Tabled from 10-11-2016 Remove from table and consider Council Action A motion was made by Councilman Forrester, seconded by Councilman Dahl to remove Item#2 from the table and consider. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 2. Consider, and act upon, Ordinance No. 2016-19, amending the zoning from Agricultural-30 (A-30) to Single-Family 10/24 (SF-10/24) for Serene Villas Subdivision, creating 51 residential lots on 16.739 acres, generally located west of Kreymer Lane and north of Stone Road,(1033 S.Kreymer Ln; 1053 S.Kreymer Ln)ZC 2016-09(R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that Zoning Case 2016-09 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. Typically Ordinance adoptions are placed on the Consent Agenda; however, because the subject tract is part of an overall subdivision development, which includes property outside city limits, the annexation adoption should be approved first,then subsequent preliminary plat and zoning tracts. Council Action A motion was made by Councilman Forrester, seconded by Councilwoman Arrington to adopt Ordinance No. 2016-19, amending the zoning from Agricultural-30 (A-30)to Single-Family 10/24 (SF-10/24) for Serene Villas Subdivision, creating 51 residential lots on 16.739 acres, generally located west of Kreymer Lane and north of Stone Road, (1033 S. Kreymer Ln; 1053 S. Kreymer Ln) ZC 2016-09. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. Tabled from 10-11-2016 Remove from table and consider Council Action A motion was made by Councilman Dahl seconded by Councilwoman Culver to remove Item#3 from the table and consider. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 3. Consider, and act upon, approval of a Preliminary Plat for Serene Villas Subdivision, creating 67 residential lots on 21.925 acres, generally located west of Kreymer Lane and north of Stone Road, (1023 Private Rd.; 1033 S. Kreymer Ln; 1053 S. Kreymer Ln). (R. 011ie, Development Services Director) Minutes—October 25, 2016 Wylie City Council Page 4 Staff Comments Development Services Director 011ie addressed Council stating that the purpose of the Preliminary Plat is to combine three properties totaling 21.925 acres and will create 70 lots (67 single family residential lots and 3 open space lots). Currently, the properties are three larger lots, (two recommended for approval on August 23`d by City Council to be rezoned to SF-10/24 and one in Wylie's ETJ). Council Action A motion was made by Councilwoman Culver, seconded by Councilman Dahl to approve a Preliminary Plat for Serene Villas Subdivision, creating 67 residential lots on 21.925 acres, generally located west of Kreymer Lane and north of Stone Road, (1023 Private Rd.; 1033 S. Kreymer Ln; 1053 S. Kreymer Ln). A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 4. Hold a Public Hearing and consider, and act upon, a change in zoning from Agricultural-30 (A-30) to Planned Development-Single Family District (PD-SF) for a master planned community consisting of varied density single family dwellings on approximately 2 acres, generally located west and south of Pleasant Valley Road. ZC2016-10. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the applicant has submitted a letter to withdraw the request to rezone the subject 2 acres. The 2 acres are the subject of an annexation case that was adopted by City Council on September 27th. The applicant has included the subject 2 acre tract with a request that combines it with existing acreage. Council Action A motion was made by Councilman Dahl, seconded by Mayor pro tern Stephens to accept the withdrawal of Zoning Case 2016-10 by the applicant. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 5. Hold a Public Hearing and consider,and act upon,a request for a Special Use Permit(SUP) for two Amateur Communication Towers on an existing residential lot on Lot 14,Block 2 of the Watermark Addition. Property located at 1804 Enchanted Cove. ZC 2016-11. (R. 011ie, Development Services Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is located at 1804 Enchanted Cove, originally platted in 2006 and is currently zoned SF-10/24. The size of the subject lot is 9,990 sq. ft. (.2293 ac) and is a single story dwelling. The surrounding properties are zoned SF-10/24 and have been developed for single family residential uses. The applicant is requesting an SUP to erect a 30' foot amateur communications antenna and a 45' tall amateur communications tower to be used for HF, UHF, and VHF signals. Each tower will be set into the ground as required by local code and manufacturer requirements. The location of the antennas will comply with the setback requirements. The smaller 30' stand-alone antenna should remain out of view from the right of way. However,the 45'tower with a 14' x 28' antenna mast will be well above the height of the house and visible from the right of way and to neighbors backing up to the property. Minutes—October 25, 2016 Wylie City Council Page 5 011ie explained the Planning and Zoning Commissioners voted 6-1 to recommend approval for two amateur communication structures, one 45'tower and one 30' antenna as requested. She noted it would take a super majority vote of Council to deny the request. Applicant Comments Applicant Thomas Campie addressed Council stating that HAM radio plays a large part of communication in this country. He explained he had been a Ham radio operator for many years and held the highest license class available. Campi explained his service was pivotal in supporting the National Weather Service and other agencies for storm watching and other events such as hail storms. Operators also serve national disasters such as tornados and hurricanes. Campie explained that each antenna serves a specific purpose. The vertical antenna is best for local and regional communications. The tower and associated antenna is important for communications across the country and internationally. He explained the roof line to his home was 30 feet high and the vertical antenna would be visible by 15 feet from the front of the house. Interference from the radios is found to be very minimal and the applicant explained he would address any complaints. Councilwoman Culver commented that she understood no one complained to the applicant directly; however, Council had received several complaints regarding the antennas and interference. She explained homeowners more than likely didn't know to contact the applicant directly. Councilwoman Culver noted her concern with high winds and the antennas ending up in someone else's yard. Public Hearing Mayor Hogue opened the public hearing on Zoning Case 2016-11 at 6:45 p.m. asking anyone present wishing to address Council to come forward. Many residents of the Watermark Development were present and spoke against the applicant's request; siting the view from neighbor's yards, the antenna lowering property values of homeowners in the development, interference with TV and intemet use, and other safety issues. Mayor Hogue closed the public hearing at 7:06 p.m. Mayor Hogue reminded Council that this item must receive a super majority vote in order to be denied. Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Culver to DENY a request for a Special Use Permit (SUP) for two Amateur Communication Towers on an existing residential lot on Lot 14, Block 2 of the Watermark Addition. Property located at 1804 Enchanted Cove. ZC 2016-11. A vote was taken and the motion for denial was approved 6-0 with Councilman Whitney absent. 6. Hold a Public Hearing and consider a recommendation to the City Council amending Planned Development 2013-37-Single Family District (PD2013-37-SF) to allow for a 5' rear encroachment on approximately 350 acres, generally located east of Sachse Road/Ballard Ave.and south of Pleasant Valley Road.ZC2016-12. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the owners are requesting to amend an existing Planned Development Ordinance to allow for a rear yard encroachment by no more than five feet. Dominion of Pleasant Valley was created in 2013 with the adoption of Ordinance No. 2013-37 and Minutes—October 25,2016 Wylie City Council Page 6 will eventually consist of 975 single family dwelling units of varied densities. The request also includes a 2 acre tract which was annexed into the City on September 27,2016 by Ordinance No. 2016-24. 011ie explained Item 4 had been withdrawn so the property could be combined in this zoning case. The applicant's stated purpose is to allow an encroachment of 5' into the rear yard. In most cases, the encroachment would be just a few feet, with five feet being the maximum. For those homes with a J- Swing front entry this would also allow more depth of the dwelling itself and allow for additional enhancements to the rear of the house. In no instance does this request alter the front setback as established by the PD Conditions. 011ie reported that two hundred and thirty-six (236) notifications were mailed; with one (1) comment form returned in favor of the request, representing 42 properties, and none against at the time of posting. North Texas Municipal Water District owns and operates the Muddy Creek Waste Water Treatment Plant to the south of the subject subdivision and has commented that the plant will remain and will expand in the near future. 011ie reported the Commissioners asked the applicant to explain the reason for the request. The applicant stated it was market driven and they are finding that people want more usable/entertainment space in the rear yard. This would not affect every home, but would give more flexibility. In most cases, it may only encroach two feet. She noted the Commissioners voted 5-0 to recommend approval. Public Hearing Mayor Hogue opened the public hearing on Zoning Case 2016-12 at 7:18 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 7:19 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Councilwoman Arrington to approve a recommendation to the City Council amending Planned Development 2013-37 Single Family District (PD2013-37-SF) to allow for a 5' rear encroachment on approximately 350 acres, generally located east of Sachse Road/Ballard Ave. and south of Pleasant Valley Road. ZC2016-12. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 7. Consider, and act upon, a request to provide 7-1/4" Smartsiding as an alternate exterior material, in lieu of the required 4" — 5" wood siding or composite masonry to an existing contributing residential structure located at 201 E. Jefferson Street. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the Applicant had begun remodeling of the subject residential structure due to rot/wear and the April 11th hail storm. On October 10th, staff made contact with the applicant to inform them that the siding that was being installed did not meet the ordinance. At that time,the applicant ceased work and submitted an application to seek an approval from the HRC. She explained the applicant had submitted a request to withdraw and use the 4° — 5" wood siding as required by the ordinance. Minutes—October 25, 2016 Wylie City Council Page 7 Council Action A motion was made by Councilman Forrester, seconded by Mayor pro tem Stephens to accept the withdrawal by the applicant to provide 7-1/4" Smartsiding as an alternate exterior material, in lieu of the required 4" — 5" wood siding or composite masonry to an existing contributing residential structure located at 201 E. Jefferson Street. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. ADJOURNMENT A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl to adjourn the meeting at 7:28 p.m. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. Eric Hogue,IVIa ATTEST: Carole Ehrlich, i ecretary GO Rt /gyp r GUtiF,COLORApp& 04114 PE • 4- ' ®F T Minutes—October 25, 2016 Wylie City Council Page 8