Loading...
01-10-2012 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, January 10, 2012 — 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. with the following City Council members present: Mayor Pro Tem Red Byboth (arrived at 6:15 p.m.), Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Eric Hogue gave the invocation, and City Manager Mindy Manson 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 Citizen's 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 December 13, 2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) Minutes January 10, 2012 Wylie City Council Page 1 B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of November 30, 2011. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for November 30, 2011. (L. Bantz, Finance Director) D. Consider, and act upon, Resolution No. 2012-01(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) E. Consider, and act upon, Ordinance No. 2012-01, amending Zoning Ordinance 2007-04, Article 5, Section 5.1(I) Wholesale, Distribution & Storage establishing regulations specifying the location of Mini-warehouse (Self-Storage) uses throughout the city. ZC2011-08 (R. 011ie, Planning Director) F. Consider, and act upon, Ordinance No. 2012-02, amending Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), as it pertains to permitted uses in Non-Residential Districts. ZC 2011-09 (R. 011ie, Planning Director) G. Consider, and act upon, Ordinance No. 2012-03, amending the zoning from Commercial Corridor (CC) & Business Government (BG) District to Planned Development-Commercial Corridor (PD-CC) District located on the southwest corner of F.M. 544 and Sanden Boulevard. ZC 2011-10 (R. 011ie, Planning Director) Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve the consent agenda as presented. A vote was taken and the motion passed 6-0 with Mayor pro tern Byboth absent. Mayor pro tern Byboth arrived at 6;15 p.m. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending PD 2011-28 for proposed Single Family Detached development to modify existing PD Conditions. The 36 acre tract is located south of E. Brown Street and west of W.A. Allen Boulevard. ZC 2012-01 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that permanent zoning was established for the subject property with the adoption of Ordinance 2011-28 on December 13, 2011. The PD allowed for maximum Minutes January 10, 2012 Wylie City Council Page 2 number of 110 single family residential dwellings on minimum 8,500 s.f. lots, with multiple open space areas including a public hike& bike trail. 011ie explained that since the adoption of the ordinance; the applicant became aware of standard regulations restricting garage doors from facing a public street. In the applicant's original request a specific provision for 'front entry' units was granted by adoption of the zoning exhibit excluding alleys. Also after the adoption of the ordinance, the homebuilder, Bloomfield Homes has acquired the property and will be the sole builder for the subdivision. The applicant's team designed an innovative neighborhood based on 'front entry' garages facing primary streets. The applicant/developer, homebuilder, and their entire design team has since worked through the City's Residential Design Standards and this request is a result of those efforts to create a country feel in a suburban setting. Although the proposed amendment does not meet all the standards of the current zoning ordinance, it does present a well planned development that meets and/or exceeds other development goals and objectives of the Comprehensive Plan in meeting a general benefit to the City as a whole. 011ie stated this was a well written PD that staff has worked diligently with the owner to create. The home builder is the owner and will be the sole builder for this development. "The Planned Development outlines in detail what the builder will design; what you see in the PD is what you will get." Applicant Discussion Jim Douglas, Douglas Properties, 2309 Ave. K, Ste. 100, Plano, TX addressed council stating that he was pleased to introduce the builder/owner, Bloomfield Homes who will be developing this community. He commended the staff both in Building Inspections and Planning for their assistance in creating this Planned Development. Mr. Douglas introduced Don Dykstra, Bloomfield Homes, 1050 E. Hwy. 114, Ste. 210, Southlake, TX. Mr. Dykstra reiterated the detail within the PD and presented the homes that would be built in this Planned Development. He noted that items like granite tops, custom wood, stainless steel appliances, and variety of window sizes were standard amenities. Walking trails through the open spaces with iron fencing for homes that back up to the open space will be provided by the builder. He noted that the top lot and pavilion will be constructed in a portion of the open space. Councilman Goss asked Mr. Dykstra what the timeline was for the public amenities. Mr. Dykstra responded that the walking trails, pavilion and top lot would be completed prior to the certificate of occupancy being issued. He noted this was included as a requirement in the PD. Public Hearing Mayor Hogue opened the public hearing for Zoning Case 2012-01 at 6:20 p.m. With no one present to address council during the public hearing, Mayor Hogue closed the public hearing at 6:20 p.m. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to amend PD 2011-28 for proposed Single Family Detached development to modify existing PD Conditions for a 36 acre tract located south of E. Brown Street and west of W. A. Allen Blvd. A vote was taken and the motion passed 7-0. Minutes January 10, 2012 Wylie City Council Page 3 General Business 2. Consider, and act upon, approval of Resolution No. 2012-02(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of West Brown Street from FM 1378 to Ballard Avenue. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that the 2003 Collin County Bond Program included $4,453,750 for the construction of West Brown Street from FM 1378 to Ballard Avenue. The project consists of constructing a 4-lane divided concrete roadway, a distance of approximately 8,900 feet. The agreement specifies that the County shall release 50% of the funds when the City issues a notice to proceed to the low bidder and the remaining funds when the construction is 50% complete. Council Action A motion was made by Mayor pro tern Byboth, seconded by Councilman Goss to adopt Resolution No. 2012(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of West Brown Street from FM 1378 to Ballard Avenue. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, issues surrounding the use of a 19-acre parcel owned by the City of Wylie generally located near the northwest corner of F.M. 544 and Sanden Boulevard. (S. Satterwhite, Executive Director, WEDC) Staff Comments WEDC Executive Director Satterwhite addressed council stating that in September 2011 the WEDC presented to council issues surrounding the utilization of 19 acres out of the 254 Wells tract for commercial purposes. While the council was generally supportive of the commercial use, several questions remained unanswered relating to (a) any future sale and the impact on the tax-exempt status of the Certificates of Obligation (CO), and (b) how the proceeds of any future sale must be utilized. Satterwhite explained that on January 11, 2005 the Wylie City Council authorized the issuance of Combination Tax and Revenue CO Series 2005 in the amount of$6,225,000 to finance the purchase of 254 acres from Frances Wells. The Municipal Complex sits upon approximately 175 acres with 60 acres west of FM 1378 and the remaining 19 acres south of the KCS rail line and north of FM 544. The principal balance of the CO is$4,575,000 as of February 2012 with annual debt service of±$465,000. Satterwhite presented a letter from Mr. Robert Dransfield, Partner at Fulbright & Jaworski, the City of Wylie Bond Counsel. Satterwhite noted that Mr. Dransfield opined that in his view, "the sale of the 19 acres will not adversely affect the tax-exempt status of the outstanding certificates." Mr. Dransfield continues by stating that proceeds from any sale should "be used to offset the debt service costs of the certificates of obligation that were issued to acquire the land." Satterwhite explained that while the WEDC has been promoting the change in use to encourage commercial development opportunities in the area, the more immediate goal is to formalize the issue via a zoning change from Business Government to Commercial Corridor. The change in zoning is important at this particular time so that the WEDC can be certain of the future land use prior to undertaking infrastructure improvements in the area. Satterwhite noted as reported previously, the WEDC is Minutes January 10, 2012 Wylie City Council Page 4 prepared to begin the installation of a sewer line to serve the City tract in addition to 30 acres to the east. Construction cost for the sewer line have been estimated at a 'not to exceed' amount of$250,000. The WEDC board and staff were asking for formal direction from council regarding the change in zoning to Commercial Corridor by this action. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman White to direct Planning staff to initiate the rezoning process for a 19 acre tract owned by the City of Wylie generally located at the northwest corner of F.M. 544 and Sanden Blvd. from Business Government to Commercial Corridor. A vote was taken and the motion passed 7-0. READING OF ORDINANCES City Secretary Carole Ehrlich read the captions to Ordinance No.'s 2012-01, 2012-02 and 2012-03 into the official record. Mayor Hogue recessed and convened into work session at 6:40 p.m. WORK SESSION • Discussion regarding appropriation of funds to the Public Art Program for the Public Works Building. Assistant City Manager Butters addressed council stating that Ordinance 2006-37 established the public arts program for the City of Wylie. Butters explained that the ordinance states that the council may, in its sole discretion, allocate an amount equal to, less than, or in excess of(1) one percent of an eligible Capital Improvement Project (CIP) for the Cities public arts program. The council may also exclude a CIP from the provisions of the Public Arts ordinance by passage of a resolution. The Wylie Public Works facility is a $3.5 million CIP funded by the Utility Fund. Public Art funding was not built into the project budget. Butters noted there is some question/concern from our City auditor and from the City Attorney as to whether it would be appropriate to utilize the Utility Fund for Public Art. Assistant City Manager Butters asked for direction as to whether or not the council would like to appropriate funds for public art in connection with this project. Councilwoman Spillyards commented she was aware that there were several things to consider but if art was commissioned, she preferred the art on the back side of the Public Works Building abutting Founder's Park where more visitors would see the art. Councilwoman Culver asked if signage would qualify if it was artistic in nature. Councilwoman Spillyards commented that it would if artistic. Councilwoman Culver stated that she would like to see something other than metal that was more colorful. City Secretary Ehrlich noted that the Public Art Guidelines would allow signage art if the signage was commissioned by an artist and was artistic in nature. Mayor pro tern Byboth stated he would prefer to see art in the Minutes January 10, 2012 Wylie City Council Page 5 thoroughfares like SH 544 than at the public works building. He noted that timing with the economy is also an issue to consider. Councilman White commented that he didn't believe utility funds should be utilized for public art although he had no issue with public art in the city. Councilman Goss stated that this was a unique case that doesn't fit the mold for public art that council is trying to accomplish. He stated that he didn't feel comfortable using utility funds to commission the art. Councilman Jones concurred with Councilman Goss and White. Councilwoman Spillyards asked that the council compromise and bring something artistic in the way of signage for the Public Works building. Mayor Hogue convened into Executive Session at 6:50 p.m. reading the exception below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.074 Personnel Matters; Closed Meeting • To deliberate the Evaluation of the City Manager Mayor Hogue reconvened into Open Session at 11:30 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. No action was taken by the Wylie City Council as a result of Executive Session. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilwoman Culver, seconded by Councilman Jones to adjourn the meeting at 11:36 p.m. A vote was taken and the motion passed 7-0. 1 0 ~ 4, (." 2" Eric Hogue, Mayor, ATTEST: /4 OF to ,;'` (F y,y�1 Lii '� 1 Car le Ehrlich, Ci ecretary \ Y-f� �{ n = Minutes January 10, 201 t ♦ f�TRfERA1(y4P Wylie City Council ,•1887' s �� Page 6 41's of tey'.-