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)
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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
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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.
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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
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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
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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.
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Eric Hogue, Mayor,
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