Loading...
10-25-2011 (City Council) Minutes INS Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, October 25, 2011 — 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 6:04 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Diane Culver, Councilwoman Kathy Spillyards (arrived 6:07 p.m.), Councilman David Goss, Councilman Rick White, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; Public Services Director, Mike Sferra; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Library Director, Rachel Orozco; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation, and Councilman Bennie Jones led the Pledge of Allegiance. PRESENTATION • Presentation and recognition of participants in the National Community Planning Month from Harrison Intermediate School. Planning Director 011ie addressed Council stating that the sixth grade science students of Harrison Intermediate School recently worked on a project called A Tale of Two Cities. Students were given information that a wildfire had hit Wylie! People were able to return to their home, but City services were down. As a result, trash was piling up, no mail was being delivered, and power was out in all areas of the City including City Hall. Using their knowledge of cells, students presented a short newspaper story and video to assist Wylie in dealing with this wildfire disaster. Student participants included Seth Ragsdale, Reilly Clark, and Maria Ordonez. Minutes October 25, 2011 Wylie City Council Page 1 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. Don Helium, residing at 301 Rushcreek Drive, Wylie, addressed Council reminding seniors of the change of enrollment time for Medicare to October 15th through December 7th of this year. He explained that Medicare would not accept any changes after the deadline, until the following enrollment year. Bobby Heath, residing at 205 Arborview, Wylie, and representing the Wylie Downtown Merchants Association, addressed Council reminding everyone of "Boo on Ballard" scheduled for October 27th with an alternate rain day of October 31st. He asked citizens to bring their children downtown for the event. 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 October 11, 2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the Monthly Revenue and Expense Report for the City of Wylie as of September 30,2011. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for September 30,2011. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2011. (S. Satterwhite, Executive Director, WEDC) E. Consider, and act upon, awarding a bid for mowing and litter control services on City medians, rights of way and special areas. (M. Sferra, Public Services Director) Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA General Business Tabled from 10/11/2011 Regular Meeting Minutes October 25, 2011 Wylie City Council Page 2 Motion to remove from table and: Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to remove consideration of Item #1 from the table and consider. A vote was taken and the motion passed 7-0. 1. Consider, and act upon, a request by Skorburg Company to construct an estate residential street section on portions of the Braddock Place property to serve lots with square footage equal to or larger than 16,000 square feet, and issues regarding the Wooded Creek Subdivision amenity center. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the City of Wylie Design Standards and Construction Details include a design for an estate residential roadway section for lots of one acre or larger. Skorburg Company has requested to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage equal to or greater than 16,000 square feet. Citizen Comments Arcos Guerra, 204 Wooded Creek Avenue; Myssie English, 309 Wooded Creek Avenue; and Debbie Rusau, 2805 Sequoia Lane, Wylie, residents of Wooded Creek, Phase 1 subdivision addressed Council with concerns regarding Skorburg Company and the construction of an amenity center including a pool that they had been told would be built in their Wooded Creek subdivision. After several years the amenity center was not under construction or planned. Council Discussion City Manager Manson reported that according to the ordinance adopting the Planned Development for Wooded Creek, there is no time line for the building of the amenity center or pool. She explained that a couple of years ago when citizens in this development complained, the City contacted the City Attorney's Office. They opined that according to the ordinance there was nothing the City could do to expedite the building of the Wooded Creek amenity center until the construction of Phase II. Mayor Hogue asked Mr. Buczek, representing Skorburg, to come forward and explain what the company was planning to do in regard to the Wooded Creek Phase I amenity center. Skorburg Company representative Adam Buczek responded that the Planned Development agreed upon by the developer (Skorburg) and the City did not require the amenity center to be built until the construction of Phase II of the development. Due to the economic turn over the last few years, construction of Phase II of this development has been delayed. Buczek noted that the site for the amenity center has always been located in Phase II. He noted the amenity center and pool would be built during the construction of Phase II of Wooded Creek subdivision. Mayor Hogue asked if Skorburg was soliciting any builders for Phase II. Mr. Buczek reported that his hope was to finalize negotiations with a builder within 30 days. He reported once all documents were approved and paving was completed, the amenity center would be the next construction phase. He noted his goal was to start the amenity within a year. Minutes October 25, 2011 Wylie City Council Page 3 Several Council members indicated that this was unacceptable for the residents of Wooded Creek, Phase I. Mayor Pro Tern Byboth recommended tabling the item and requested Mr. Buczek to go back to his company and come up with a plan and timeline to complete this amenity center in Wooded Creek and bring this plan and timeline back to present to the Council. Mr. Buczek explained that these were two separate items with regard to Wooded Creek subdivision and Braddock Place and had two separate sets of partners and bank obligations. He indicated that he was not sure they could wait for the requested improvements to Braddock Place. He stated if Skorburg needed to make a change, they would make a change, referencing Braddock Place. Buczek stated that Braddock Place with the larger lot program were selling approximately 25 homes per year and the company needed to focus on what is embraced by the consumer. Councilman White commented that one acre lots were approved for Braddock Place, and then Council made the exception to allow some lots to be less than half an acre. He noted that Skorburg was now requesting smaller lots. Councilman White explained that when this PD was passed by Council, he was very much in favor of acre lots and not stepping down from that standard. He noted that six years later he had not changed his mind in this regard. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Jones to table Item #1 to a non specific date to allow time for Skorburg to present more information on the Wooded Creek subdivision. A vote was taken and the motion passed 7-0. Public Hearing 2. Hold a Public Hearing and consider, and act upon, approval of a Residential Replat for Railroad Addition, Block 22, Lot 2 subdividing a single residential lot for two-family (duplex) development, generally located west of Fourth Street and south of Oak Street. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the lots total 0.186 acre and will create two residential (duplex) lots. The property is zoned Multifamily (MF) and was originally platted as Original Town of Wylie Addition in late 1930s or early 1940s. The applicant intends to develop a duplex single family residential development on the vacant property. Single Family Dwelling, including `duplex,' is an allowed use by right within MF zoned properties. The applicant plans to preserve all mature trees onsite as possible. 011ie reported that The Commission asked if the duplexes would conform to current standards, staff confirmed all current zoning codes and building codes would be followed. The Commission voted 6-0 to recommend approval. Public Hearing Mayor Hogue opened the public hearing at 7:24 p.m. asking anyone present who wished to address Council on this item to come forward and keep their comments to three minutes. No one came forward to address Council during the public hearing. Mayor Hogue closed the public hearing at 7:24 p.m. Minutes October 25, 2011 Wylie City Council Page 4 Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Jones to approve a Residential Replat for Railroad Addition, Block 22, Lot 2 subdividing a single residential lot for two-family (duplex) development, generally located west of Fourth Street and south of Oak Street. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, approval of a Parking Agreement between the owners of Block 1, Lot 20R of the Brown and Burns Addition and the City of Wylie. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant is requesting to construct five (5) parking spaces to accommodate his office use as well as additional spaces for visitors to downtown. The subject property is adjacent to a City owned parking lot that consists of ten (10) parking spaces. The parking agreement is needed because of the location of the spaces. A portion of the property line when plated is on City property; therefore, the five (5) parking spaces, if constructed by the applicant would partially be on City property. The property owner would be responsible for construction and maintenance of the parking spaces. The applicant is allowing the City to use these spaces as public parking. Council Comments Mayor Hogue asked when the applicant was planning to start construction of the spaces if approved. Ms. 011ie replied right away if approved. Councilwoman Culver asked if the spaces would ever be restricted from public parking, and if the applicant restricted the spaces would they lose their certificate of occupancy. Planning Director 011ie replied that was correct, at no time would the public parking be restricted, and yes they could lose their certificate of occupancy. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to approve a Parking Agreement between the owners of Block 1, Lot 20R of the Brown and Burns Addition and the City of Wylie. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, acceptance of the resignation of Greg Wooding and appointment of a new member to the Library Board for the unexpired term of October 2011 to July 2013. (R. Orozco, Library Director) Staff Comments Library Director Orozco addressed Council stating that Greg Wooding was appointed in July 2011. Due to personal reasons, Mr. Wooding has resigned. The Library Department recommends that the vacancy be filled by a qualified applicant. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to accept the resignation of Greg Wooding and appoint Timothy McCray as a new member to the Library Minutes October 25, 2011 Wylie City Council Page 5 Board for the unexpired term of October 2011 to July 2013. A vote was taken and the motion passed 7-0. WORK SESSION • Discuss Planet Kidz Youth Program update. Parks and Recreation Superintendent Robert Diaz addressed Council stating that on June 28, 2011 the City Council met to discuss implementing Planet Kidz into the youth programs. At that time Council directed staff to discuss the program with WISD to see if they had any interest in hosting the program. Diaz reported that he had spoken to WISD staff in the Communications and Maintenance Departments and they had not shown an interest in hosting the event. Diaz reported he had taken the item back to the Parks and Recreation Board and the board had recommended revising the hours of the Recreation Center in order to provide the same amount of hours to the members and still host the new program. He reported currently the recreation center was open on Saturday from 8 a.m. to 8 p.m. and Sunday from noon to 8 p.m. (20 hours). He suggested two scenarios, Saturday 6 a.m. to 6 p.m. and Sunday noon to 8 p.m. (20 hours) or Saturday 7 a.m. to 6 p.m. and Sunday 11 a.m. to 8 p.m. (20 hours). Parks board members Matt Rose and Anne Hiney were present and reported the Parks Board was recommending implementing the youth program. Dale Oaks, founder of Planet Kidz, reported the programs in other cities have been very successful and beneficial to the kids. Council Direction Council directed staff to contact WISD staff to determine if the school superintendent and the board of trustees were aware of the request to host this program, and survey the number of recreation members that utilize the facility during the hours in question and report back to Council at the November 8th meeting; including a possible action item. • Engineering Department Overview. City Engineer Hoisted gave a short Engineering Department overview which included current road projects and recommended future road projects. Mayor Hogue convened into Executive Session at 8:30 p.m. reading aloud the exception below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 Consultation with Attorney; A meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary Rules of Minutes October 25, 2011 Wylie City Council Page 6 Professional conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: • Receive legal advice from City Attorney related to the Hanover Development Agreement. Mayor Hogue reconvened into Open Session at 10:40 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue requested, as a result of executive session, that City Manager Manson post a public meeting on Tuesday, November 1, 2011 at 7:00 p.m. for Council to discuss and finalize the development agreement between the City of Wylie and Lavon 593 Land Investment Partners. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilwoman Culver, seconded by Councilman Goss to adjourn the meeting at 10:41 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayo ATTEST: 4OFWpt .-fra .. lip C ole Ehrlich City Secretary 11 I=4/1fifj`rIrA5STIZSPI:• 'wits/wow- Minutes October 25, 2011 Wylie City Council Page 7