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10-14-2008 (City Council) Minutes I/ Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, October 14, 2008 —6:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:02 p.m. with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Rick White and Councilman Carter Porter. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Public Services Director, Mike Sferra; Library Director, Rachel Orozco; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and City Engineer Chris Hoisted 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 to address Council during Citizens' Comments. PRESENTATION • Proclamation for Breast Cancer Awareness. (E. Hogue, Mayor/J. Harkins) Mayor Hogue presented a proclamation designating the month of October as "Breast Cancer Awareness Month" to local representatives of the organization. Janice Hawkins shared with those in attendance her story of breast cancer survival. Minutes—October 14, 2008 Wylie City Council Page 1 • Presentation to 1st Six Weeks Star Students — Character Trait of "Responsibility". (E. Hogue, Mayor/Council) Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the character trait of "Responsibility". Each six weeks one student from each WEDC campus is chosen as the"star student". • Presentation on the proposed South Ballard Overlay. (R. 011ie, Planning Director) Planning Director 011ie presented proposals for a South Ballard Overlay. She explained that South Ballard has been identified by the City as a valuable area worthy of rejuvenation. Staff is proposing an Overlay District that would provide development and design standards that will enhance the District's ability to provide usable space for its citizens. The overlay would comprise lots that front South Ballard south of S.H. 78 and north of Stone Road. Ms. 011ie reported that staff feels this area is ideally suited for Commercial or Mixed-Use development, using a Form-Based approach to zoning. This type of zoning involves focusing the Ordinance more on the appearance of not only the buildings but the areas surrounding the buildings than on the uses within the buildings. Ms. 011ie displayed several designs of terraced housing that included: Mission Terraced, Neighborhood Redevelopment, Stone Terraced and Historic Alley Terraced. Direction from Council was move forward with possibilities for this type of overlay with a focus on extending the historic design currently in the Downtown Historic District of the City to the overlay district. 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 September 23, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the City Manager to enter into a Facility Services Agreement, in the amount of$44,928.00,with Trane, Inc. (M. Sferra, Public Services Director) C. Consider, and act upon, Ordinance No. 2008-47 amending Comprehensive Zoning Ordinance No. 2001-48, Article 6, Section 6.3 Downtown Historic District and the Official Zoning Map as it relates to district boundaries and design standards. (R. 011ie, Planning Director) D. Consider, and act upon, award of a contract to Tri Con Services Inc., in the amount of $168,492.35, for the construction of a 12-inch water line along FM 1378 from Lakefield Drive to Brown Street. (C. Holsted, City Engineer) Minutes—October 14, 2008 Wylie City Council Page 2 E. Consider, and act upon, a Final Plat establishing one lot on 12.6 acres for Gateway Community Church, generally located west of FM 1378 (Country Club Road) and south of FM 2514 (Parker Road). (R. 011ie, Planning Director) F. Consider, and act upon, a Final Plat creating two Commercial Corridor Lots for Stewart Addition on 2.168 acres, located at 400 East Alanis Drive. (R. 011ie, Planning Director) 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 the motion passed 7-0. REGULAR AGENDA General Business 1. Consider, and act upon, allocation of funding for Not-For-Profit Organizations: Children's Chorus of Collin County, Inc., Collin County Children's Advocacy Center, Collin Intervention to Youth, Divorce Recovery for Kids at Wylie United Methodist Church, Equest Therapeutic Horsemanship, Meals on Wheels, Inc. of Wylie, Plano Children's Medical Clinic, and Wylie ISD Education Foundation. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that on September 23, 2008 the Council heard presentations from the listed organizations regarding proposed funding allocations, per Ordinance 2005- 52. A total of $33,000 has been allocated within City Council's budget for Not-For-Profit contributions in FY 08-09. Public Notice was issued to inform the public of the acceptance of applications, with May 1, 2008 being the application deadline. Council heard presentations from each of the organizations at the September 23rd Council meeting. This item will consider funding allocations to the organizations. Council Discussion Councilman White stated that he did not believe the City should allocate funding to not-for-profits. He explained that this had been his position for the last couple of years. Several Council members concurred with Councilman White but stated that in these economic times it was necessary to assist organizations that benefited the citizens of Wylie. Discussion focused on organizations that assisted the elderly and children of Wylie that were in need. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Council Goss to fund $33,000 to the following not-for-profit organizations with the following appropriations: Collin County Children's Advocacy Center, Inc. $10,000 Equest Therapeutic Horsemanship $ 5,000 Meals on Wheels, Inc. of Wylie $ 3,000 Plano Children's Medical Clinic $12,817 Wylie ISD Education Foundation $ 2,183 A vote was taken and the motion passed 6-1 with Councilman White voting against. Minutes—October 14, 2008 Wylie City Council Page 3 2. Consider, and act upon, authorizing the City Manager to execute a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase III. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that Mr. Steve Gee, representing Southbrook Phase Ill and Attorney Mr. Art Anderson contacted the City in regards to initiating a Development Agreement. Staff has met with City Attorney Richard Abernathy and discussed the general contents of the agreement. Through numerous iterations, the attached proposed Agreement is presented for consideration. Ms. 011ie explained that the proposed Agreement sets forth the property involved, which consists of a 7 acre tract. The property is currently within the Extraterritorial Jurisdiction (ETJ) of the City of Wylie. The Agreement states the Developer agrees to file a petition for annexation of the property within thirty (30) days after the approval of this Agreement. The property shall be developed and permits issued in accordance with the proposed Agreement regardless of the zoning classification affixed to the property. All development requirements shall substantially comply with the Final Plat. The Agreement further states that development standards of the Single Family-10/24 District as contained in Zoning Ordinance 2005-58 dated 01/24/2006 shall apply except that the minimum dwelling size proposed by the Agreement is 1,900 square feet in lieu of 2,400 livable square feet and with a minimum lot area of 8,200 square feet in lieu of the current minimum of 10,000 square feet. The developer is proposing to accomplish four (4) of the five (5) required desirables for Architectural Requirements as listed in Article 3, Section 3.4 Residential Design Standards. 1. Both Front and back yards will be installed with turf grass sod. Each lot will have 2 trees and 10 shrubs. An automated irrigation system will be installed. 2. Certified by USGBC or LEEDS for energy and water. 3. Lighted Front wall plaque. 4. Enclosed with masonry matching exterior walls and capped with 40% stone to match house. The Agreement sets in place the building setbacks for the development as follows: a minimum rear yard setback of 20 feet in lieu of the required 25 feet and a minimum side yard setback on a corner lot of 15 feet as opposed to 25 feet. Minimum lot width being proposed is 70 feet in lieu of the required 75 feet. Applicant/Council Discussion Mayor Pro Tem Byboth asked Ms. 011ie if the setbacks were the same as other properties in the adjacent developments. Ms. 011ie replied that they were. Councilman Goss asked which development desirables were not agreed to in this agreement. Ms. 011ie explained that there were eight desirables of which five were to be chosen. She noted that the agreement only addressed four. She explained that if the agreement is approved, the City is locking in the desirables and the minimum dwelling sizes and lot area. Councilman Porter asked why the proposed agreement was even coming before Council if the desirables were not met. City Manager Manson explained that the reason this agreement was coming before Council prior to annexation and Planning and Zoning Commission was to determine whether the agreement could be approved prior to the annexation process. Councilman Young stated that the minimums in the proposed agreement set the City back by ten years from the current zoning requirements. Councilman White stated that he wanted to see higher minimums in line with the current zoning requirements. Councilman Goss stated that the City had raised the bar regarding density and felt this agreement should comply with the zoning requirements. Mr. Steve Gee (applicant and Developer of Southbrook Phase 1 and 2) addressed Council stating that the proposed property was unique and had some challenges. He noted the unusual size and width of the property and noted that this property was left out of the original development. The property also has limited access through the other two Southbrook developments. He stated that the 10,000 square foot Minutes—October 14, 2008 Wylie City Council Page 4 lots and the 2,400 sq. ft. minimums required in the zoning ordinance were not achievable due to the topography of the property. Councilman White asked if the current zoning minimums were not achievable how the agreement could go above and beyond in regard to current standards and other amenities. Mr. Gee stated that he could review the other desirables and see what could be added to upgrade the development. Mayor Hogue suggested the item be tabled and the applicant go back to staff to see if additional desirables, an increase in lot sizes and other revisions could be made to bring back to Council for consideration. Council Action A motion was made by Councilman White, seconded by Councilman Goss to table consideration of a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase Ill to the October 28, 2008 regular City Council meeting to allow the applicant time to make revisions to the proposed agreement for Council consideration. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Resolution No. 2008-45(R) adopting the City of Wylie Disaster Recovery Plan for Municipal Records. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that Ordinance No. 2006-76 established an active and continuing records management program/plan for the City of Wylie. The ordinance requires that the Records Management Officer, in cooperation with department heads, identify essential records and establish a disaster plan for each municipal office and department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense. The proposed City of Wylie Disaster Recovery Plan for Municipal Records provides for the recovery of vital and important local government records in the event of a disaster that causes serious and extensive damage to those records. Recovery procedures are included to mitigate and repair the effects of major natural disasters. Ms. Ehrlich explained that recovery procedures are included in the plan to mitigate and repair the effects of major natural disasters. She noted that staff is currently proactive in assuring that records identified as essential/vital are protected through duplication and storage in off-site locations. Additionally the plan sets forth an Information Disaster Recovery Team delegated from the office of the City Manager. A copy of the Response Service Agreement with Blackmon Mooring Catastrophe Office for records recovery services has been executed to insure the City is responded to on a priority basis in the event of a disaster. There are no fees attached to the executed agreement; fees are only assessed if the company is mobilized by the authority of the City. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Byboth to approve Resolution No. 2008-45(R) adopting the City of Wylie Disaster Recovery Plan for Municipal Records. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, accepting the resignation of David James and the appointment of a new member to the Library Advisory Board to fill the unexpired term of July 1, 2007 to June 30,2009. (R. Orozco, Library Director) Staff Comments Minutes—October 14, 2008 Wylie City Council Page 5 Library Director Orozco addressed Council stating that David James has actively served on the Library Board since his appointment in July 2005. Mr. James informed staff of his resignation from the Library Board effective immediately due to his school commitments. Article VIII, Section 2(c) of the City of Wylie Charter states, "the City Council shall appoint a library board consisting of seven members who shall be qualified voters who shall serve for a term of two years." Council Discussion Mayor Pro Tern Byboth, chair for the Boards and Commissions Interview Panel for 2008 addressed Council stating that during the interviews, there were a substantial number of good applicants interviewed that could not be placed on a board; one of those applicants was Brett Bim who the board desired to place on a board. Mayor Pro Tem Byboth stated that the panel was recommending Mr. Bim to serve the unexpired term of David James on the Library Board. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Porter to accept the resignation of David James from the Library Board and appoint Brett Bim to serve the unexpired term of July 1, 2007 to June 20, 2009. 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 I3-D. City Secretary Ehrlich read the caption to Ordinance No. 2008-47 into the official record. Mayor Hogue took a 10 minute recess prior to moving into Work Session at 7:40 p.m. WORK SESSION Mayor Hogue called the City Council into Work Session at 7:50 p.m. with all council members present. Parks and Recreation Board Chair Anne Hiney called the Parks Board to order at 7:50 p.m. with the following members present: Dan Chestnut, Joy Cortinas, Brandi LaFleur, Bennie Jones, David Willey, and Donna Larson. • Joint Work Session with the City Council and the Parks and Recreation Board regarding the updating of the City of Wylie Parks, Recreation and Open Space Master Plan. (M. Sferra, Public Services Director/HalffAssociates) Public Services Director Sferra addressed the board stating that in the past couple of months the Council had approved the consulting firm of Halff and Associates to update the Parks, Recreation and Open Space Master Plan for the City. He introduced Mr. Francois De Koch representing Halff and Associates. Mr. De Koch asked the members present to write down the answers to several questions to determine what the members thought the benefits of living in Wylie were. The benefits defined during this exercise were: the people, the location of the city, the character of the city and the amenities offered within the city. Mr. De Koch then asked what members would like to see Wylie become. Responses included: a well rounded city, good shopping, self contained, good parks and visibility and access to water recreation. Finally Mr. De Koch asked how the parks Minutes—October 14, 2008 Wylie City Council Page 6 department could help meet those outcomes. Responses included: being proactive applying for federal, state and local grants; bring fresh ideas to Council and staff, good internal communication, keep existing parks pristine, and leaving open space on the Wells property for a natural setting. Mr. De Koch thanked the members in attendance for their input and stated that the information received will assist Half and Associates in providing the updated Parks, Recreation and Open Space Master Plan. Adjournment of the Parks & Recreation Advisory Board With no further business before the Wylie Parks and Recreation Advisory Board, board chair Anne Hiney adjourned the Parks and Recreation Advisory Board at 8:55 p.m. Consensus of the board was to adjourn. Mayor Hogue took a short recess from the City Council Work sessions at 8:55 p.m. Mayor Hogue reconvened the work sessions at 8:59 p.m. with the following council members present: Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman Young, Councilman White, and Councilman Porter. Councilman Goss left the meeting at 8:30 p.m. • Presentation from the Hanover Property Company regarding a proposed development on the west side of Lake Lavon. (M. Manson, City Manager) City Manager Manson stated that she had asked the Hanover Property Company to give a brief presentation regarding the proposed development on the south side of Lake Lavon in the ETJ of Wylie, St. Paul and Lucas. She reported that the company had presented this information to the cities of Lucus and St. Paul and wanted to present the information to the Wylie City Council so council could see first hand what the Hanover Property Company was proposing. Mr. Bret Pedigo representing the Hanover Property Company addressed council stating that he wanted to take this opportunity to present the concept of what the company was proposing for the development of the south side of Lake Lavon. Mr. Pedigo displayed several aerial maps showing different jurisdictions the development might fall under. He also displayed areas the company had developed in the past. He noted that the development as proposed would contain town homes with small lots up to larger homes with less density. He reported that due to the proximity of the development, the company was requesting to create a water/sewer district for the development. In order to form the district, it would take the consent of all three jurisdictions. Mr. Pedigo reported that the development would also need police and fire protection due to the development being outside any incorporated city. He noted that the cities could annex the portion of the development that fell in their ETJ. He reported that Collin County and all three cities had met to discuss the ETJ jurisdictions and stated that Hanover would be happy to assist in those discussions to come to a consensus of jurisdictional boundaries. He asked the council to consider passing a development agreement prior to January 2009 so Hanover could take the request to create a water district to the legislature at that time. Mayor Hogue reported that the City Manager had been working for several months with the . cities of Lucas and St. Paul regarding jurisdictions and those discussions were ongoing. City Manager Manson stated that discussions regarding jurisdictions would need to be finalized prior to moving to the next step. She reported that the City had received the Request for Minutes-October 14, 2008 Wylie City Council Page 7 Consent to District Creation and Plan for Development from Hanover Property Company; the documents have been sent on to Collin County and the City Attorney's office. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 9:35 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to adjourn the meeting at 9:36 p.m. A vote was taken and the motion passed 6-0 with Councilman Goss absent. (1__ q ex-- Eric Hogue, Mayor „�‘ V 0F o V II,, ATTEST: 4.`A,, < . -:, i y.t i Caro Ehrlich, C(.y ecretary Minutes—October 14, 2008 Wylie City Council Page 8