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01-24-2012 (City Council) Minutes Wylie City Council CITY OF WYLIE 1 Minutes Wylie City Council Meeting Tuesday, January 24, 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. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, and Councilman David Goss. Councilman Bennie Jones was absent. Mayor Hogue announced that Councilman Jones' mother was ill and he was not able to attend. 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 Troop 515 Scout Leader Jason Williams gave the invocation, and Boy Scout Troop 515 led the Pledge of Allegiance. PRESENTATIONS • 3rd Six Weeks Star Students: Caring Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the character trait of"Caring." Each six weeks one student from each WISD campus is chosen as the "star student." 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 Minutes January 24, 2012 Wylie City Council Page 1 allowed to converse, deliberate or take action on any matter presented during citizen participation. Cristine Price, 1805 Country Walk Lane, Wylie, and member of the Wylie Parks and Recreation Board, addressed council giving an overview of current expenditures for the Community Park Improvements. Jim Swartz, former mayor of Wylie, addressed Council and introduced Nathan Scott, Wylie resident who had been appointed the Wylie Advocates for Senior Activities (WASA) treasurer. Michael Frankv, Wylie resident and Reliant Energy representative, addressed council to introduce his services. Mayor Hogue asked Mr. Franky to contact City Manager Manson. 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 January 10, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of December 31,2011. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for December 31,2011. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of December 31, 2011. (S. Satterwhite, Executive Director, WEDC) E. Consider, and act upon, Ordinance No. 2012-04, 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) F. Consider, and act upon, Ordinance No. 2012-05 Repealing Ordinance No's. 2004- 38 and 2004-39 in their entirety; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance, and providing for the publication of the caption hereof. (J. Butters, Assistant City Manager) G. Consider, and act upon, approval and final acceptance of the Newport Harbor Pump Station 2-MG Ground Storage Reservoir Project and authorize final payment to Preload, Inc. in the amount of $93,306.10, and accept the project as complete. (C. Holsted, City Engineer) H. Consider, and act upon, approval and final acceptance of the Nortex Pump Station 1.5-MG Ground Storage Reservoir Project and authorize final payment to Preload, Minutes January 24, 2012 Wylie City Council Page 2 Inc. in the amount of $66,798.05, and accept the project as complete. (C. Holsted, City Engineer) 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 6-0 with Councilman Jones absent. REGULAR AGENDA General Business Presentation of the Comprehensive Annual Financial Report for FY 2010-2011. Finance Director Linda Bantz introduced Mr. John DeBurro, Senior Audit Manager with Weaver L.L.P. Mr. DeBurro thanked the council for the opportunity to conduct the annual audit for the City. DeBurro stated in summary that the generally accepted auditing standards and qualitative aspects of accounting policies per GASB 54 were followed by the City and no material weaknesses were identified. He noted that net assets had increased by $3.6M during the FY 2011 year and presented total assets for each fund balance individually. Mr. DeBurro stated that he was proud to report the Audit Opinion for FY 2010-2011 showed unqualified (clean) results and the firm would be recommending the City once again submit the CAFR to the Government Finance Officers' Association for their Certificate of Achievement for Excellence in Financial Reporting. The City has received this award for the past 22 consecutive years. 1. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR) for FY 2010-2011 after presentation by the audit firm of Weaver and Tidwell,LLP. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz reported the City Charter in Article VII, Municipal Finance, Section 13: Independent Audit requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor, Weaver, L.L.P. has performed an audit as of September 30, 2011. This is the fourth year for the audit to be performed by Weaver L.L.P. Mr. John DeBurro, Senior Audit Manager with Weaver, has briefly presented the CAFR including the Independent Auditors' Report. She stated she would be happy to answer any questions that the City Council may have regarding the report. Mayor Hogue commended the Finance Department for a job well done. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to accept the Comprehensive Annual Financial Report (CAFR) for FY 2010-2011 as presented by the audit firm of Weaver L.L.P. A vote was taken and the motion passed 6-0 with Councilman Jones absent. Minutes January 24, 2012 Wylie City Council Page 3 Presentation of the Wylie Economic Development Corporation Annual Report. WEDC Executive Director Sam Satterwhite addressed council stating that WEDC continues to make financial reporting and accountability a priority. WEDC sales tax receipts were up 13.37% over 2010. Woodbridge Crossing continued to experience growth with a 55% increase in sales tax over the previous 12-month period. In July 2011, the WEDC completed construction of a 95,000 square foot building located on 22.44 acres for the use of Ascend Custom Extrusion. The WEDC entered into a 15-year lease with Ascend with purchase options in place beginning in 2014. The project value equals $17.5 million with 85 current employees and 125 projected in 2013. The WEDC now owns four properties on Industrial Court (1.5 acres), five properties on Cooper Drive (2.21 acres), one property on F.M. 544 (1.44 acres) and one property on Steel Road (0.65 acre) purchased in an effort to transition the areas from light industrial to higher valued commercial/retail use. The WEDC continued to support the Downtown Historic District through a matching grant for an advertising campaign. Satterwhite noted that in 2011 construction was completed on Kohl's, PetSmart, Dollar Tree, and lease space with AT&T and an Eyemasters as tenants. Direct Development is currently in compliance with all terms under the Performance Agreement through September 1, 2013. They have indicated that in 2012 Ross and Rack Room concepts will be completed. Satterwhite reported that Savage Precision continued to meet all performance requirements - surrounding valuation and employment. Negotiations with PM Realty were finalized for a 51,000 square foot medical office building with the City of Wylie and the WEDC participating in Performance Agreements. Also finalized were negotiations with B&B Theatre Operating Company for a 56,000 square foot, 2,000 seat all digital theatre. The WEDC also negotiated an agreement to fund up to $14,400 in infrastructure participation for the construction of a 4,000 square office building. Goals for 2012 include a parking project to benefit downtown Wylie, continue with efforts to attract more restaurants to Wylie, extend a new sewer line from a point near the northwest corner of Westgate and F.M. 544 to Muddy Creek, pursue the completion of a master plan for the City's 19 acre commercial site on F.M. 544, and identify additional light industrial property for development. 2. Consider, and place on file, the Wylie Economic Development Corporation Annual Report. (S. Satterwhite, Executive Director WEDC) Council Action A motion was made by Councilwoman Culver, seconded by Councilwoman Spillyards to accept and place on file, the Wylie Economic Development Corporation Annual Report. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 3. Consider, and act upon, Resolution No. 2012-04(R) determining a public necessity to acquire, by purchase, certain properties for the right-of-way and/or related Minutes January 24, 2012 Wylie City Council Page 4 easements for the construction and/or improvements to Stone Road Phase 2. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that the 2005 City of Wylie Bond Program included $10,400,000 for the design and construction of Stone Road from Ballard Avenue to County Line Road. The 2007 Collin County Roadway Bond Program included $5,021,250 for the design and construction of Stone Road from Akin Lane to County Line Road. The first phase of Stone Road from Ballard Ave. to Akin Lane was completed in 2008 at a construction cost of$3,277,936.17. The Stone Road Phase II project includes approximately 2,800 linear feet of a 4-lane paving section from Akin Lane to W.A. Allen Blvd. and approximately 1,900 linear feet of paving of FM 544 south of Stone Road to Collins Blvd. 1,300 linear feet of off-site drainage is also included in the project. The construction plans are 90% complete and the projected construction cost for the project is $4.7 million. On April 18, 2011 an agreement for acquisition service was approved with U.S. Right-of-Way. Fourteen parcels and seven easements have been identified for acquisition. Cost for the right-of-way is projected to be$131,000. Council Action A motion was made by Councilman Goss, seconded by Councilman White to adopt Resolution No. 2012-04(R) determining a public necessity to acquire, by purchase, certain properties for the right-of-way and/or related easements for the construction of and/or improvements to Stone Road Phase 2. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 4. Consider, an act upon, Resolution No. 2012-05(R) evidencing the support for a proposed senior living community to be built in Wylie; authorizing Mariposa Woodbridge L.P. to apply to the Texas Department of Housing and Community Affairs for funding for such senior living community; and providing an effective date. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that the proposed Senior Living Facilities would be located south of the Target development, east of McCreary Road. She explained that the Planned Development District zoning for this property (Ord. 2006-01) includes a retirement housing use which specifies that the head of the household must be 55 years of age or older, and also addresses density, setback and parking requirements. Bonner Carrington LLP is the developer of the proposed project. They have developed five other senior communities in Texas. Councilwoman Culver asked if the previous approval of this property was for low income housing or senior living (age restricted) housing. City Manager Manson replied that the applications have always been for affordable senior housing. Manson noted that this application was for 100% affordable senior housing (ages 55 yrs. and above). Councilwoman Culver stated that she was concerned about the PD changing the use to low income housing in the future. Manson replied that council would be the only entity that could change that use. Mayor Hogue asked if there were any other affordable/low income housing being planned in the area. Manson stated that she was aware of one being considered in Sachse. Don Herzog (Herzog Properties) addressed council and stated that there was another 10 acres under contract between the rail road tracks and Ranch Road being considered as low income housing. This property is not age restricted. Minutes January 24, 2012 Wylie City Council Page 5 Mayor pro tern Byboth asked if this property was in the Wylie Independent School District. Herzog replied that it was. Applicant/Council Discussion Stewart Shaw representing Mariposa Woodbridge L.P. addressed council stating that this proposal was for "active adult" community, 55 years and older. It is a first class community in both construction and design. He noted that the development plan was not to sell the property but keep it, long term. He explained that in applying for Texas Department of Housing and Community Affairs funds, he was required to sign a Land Use Restriction Agreement (LURA) which places a 55 and older age restriction on the property through a deed restriction for the next 40 years. The property is available to low to moderate income seniors who don't make a lot of money but need affordable living. These units will target medium income seniors. The residents will be people that live in this community or move from another state to be close to family members living in Wylie. Mayor Hogue asked if the units would be 100% restricted. Shaw explained this was virtually 100% restricted with the exclusion of 4 units which will be rented to employees working for Mariposa, providing senior events for those living in the community. Shaw explained that this property will bring an asset to the community and fill a need within the community. Mayor Hogue noted his dissatisfaction with being unaware of the application for another property in the area under application with the state. Hogue noted that he knew these were two separate developers but felt council should have known of this information. Mr. Shaw replied that many applications are submitted for both low income housing and affordable senior housing with just a few receiving funding. Councilwoman Spillyards commented that she too had concerns about both properties receiving funding and being so logistically close. Mayor pro tern Byboth asked if the property would be tax exempt. Shaw replied that it would be taxable and the property owner would pay property taxes. Mayor pro tern Byboth replied that was a plus bringing additional taxes to the City. Lois Swartz and Ann Martin both spouses of former mayors spoke in favor of the affordable senior living as it would benefit seniors and not burden the school district with additional students. Mayor pro tern Byboth stated that he was in favor of this development and felt it would be a great benefit to the community. Councilwoman Culver and Councilman Goss had concerns that the property at some point could become low income housing. Council Action A motion was made by Mayor pro tern Byboth, seconded by Councilman White to adopt Resolution No. 2012-05(R) evidencing the support for a proposed senior living community to be built in Wylie; authorizing Mariposa Woodbridge L.P. to apply to the Texas Department of Housing and Community Affairs for funding for such senior living community; and providing an effective date. A vote was taken and the motion passed 4-2 with Mayor Hogue, Mayor pro tern Byboth, Councilwoman Spillyards and Councilman White voting for, and Councilwoman Culver and Councilman Goss voting against with Councilman Jones absent. 5. Consider, and act upon, Resolution No. 2012-06(R) requesting discretionary funds from Collin County for the design and construction of Woodbridge Parkway from Hensley Lane to State Highway 78. (C. Hoisted, City Engineer) Staff Comments Minutes January 24, 2012 Wylie City Council Page 6 City Engineer Hoisted addressed council stating that the 2003 Collin County Bond Program included $1,138,500 for the construction of the Hooper Road Bridge over Maxwell Creek which will provide another north/south connection between FM 544 and SH 78. Collin County has released engineering funds for the bridge and the preparation of the construction plans is almost complete. The portion of Woodbridge Parkway from Hensley Lane to the new bridge has not been designed and is not currently funded. The total project cost for the roadway from Hensley Lane to SH 78 in Sachse is approximately $8.5 million. Sachse has secured approximately $1.874 million for the project through a development agreement and the Wylie EDC has agreed to fund up to $2 million for the Wylie portion of the roadway. Additional funding of $4.26 million is needed to complete the project. Approval of the Resolution formalizes the request to Collin County for discretionary funds. He noted that with the $2 million contribution by the WEDC, and contributions from the City of Wylie and the City of Sachse, the 50% funding of the project has been satisfied. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Culver to adopt Resolution 2012-06(R) requesting discretionary funds from Collin County for the design and construction of Woodbridge Parkway from Hensley Lane to State Highway 78. A vote was taken and the motion passed 6-0 with Councilman Jones absent. Mayor Hogue convened into work session at 7:55 p.m. WORK SESSION • Discussion regarding the construction of an 18,822 s.f. service center including but not limited to a 3,600 s.f. garage and workshop facility to accommodate Public Services and Parks. (R. 011ie, Planning Director) Tommy Pulliam representing Pulliam Construction presented the layout for the new 18,822 square foot Service Center including the garage and workshop facilities. He displayed drawings of the design for the building as well as the parking areas and burms that would face the back of Founder's Park. Mr. Pulliam answered questions by the council. Mayor Hogue reconvened into Regular Session at 8:15 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session General Business 6. Consider, and act upon, approval of a Site Plan for Wylie High School Addition, Block A, Lot 2 (City of Wylie-Service Center). Subject property being generally located north of Hensley Lane at the southwest quadrant abutting Founders Park; specifically 949 Hensley Lane. (R. 011ie, Planning Director) Minutes January 24, 2012 Wylie City Council Page 7 Staff Comments Planning Director 011ie addressed council stating that the Service Center is generally located on approximately 15 acres south of Founder's Park, the existing Public Works Service Facility was platted in early 2005 in conjunction with Founder's Park and Wylie High School. The existing site consists of three 1-story buildings accommodating the Animal Shelter, Public Works Service Center, and various storage& maintenance facilities. 011ie explained that during the past decade, the Wylie community experienced tremendous growth. The Parks and Public Services Departments, Staff, and equipment are currently housed in multiple sites throughout the City. The new facility will include the addition of: •An 18,822 square foot service center building, 3,600 square foot garage and workshop along with adjacent parking and multiple storage units. •The current Animal Shelter buildings will remain as is and continue to be used for animal service purposes. •The current Public Works building will eventually be remodeled and designated for Parks and Recreation Department's staff, equipment and resources. Park's maintenance facility is currently housed at 2806 F.M. 544. 011ie explained that normally Site Plans receive final approval by the Planning and Zoning Commission. However, because this is in conjunction with a Design-Build Contract, the Site Plan and Elevations are referred to Council with a recommendation of approval by P&Z Commission 7-0. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Goss to approve a Site Plan for Wylie High School Addition, Block A, Lot 2 (City of Wylie-Service Center). The subject property being generally located north of Hensley Lane at the southwest quadrant abutting Founders Park; specifically 949 Hensley Lane. A vote was taken and the motion passed 6-0 with Councilman Jones absent. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinances 2012-04 and 2012-05 into the official record. Mayor Hogue convened into Work Session at 8:40 p.m. WORK SESSION • Discussion regarding Solid Waste request for rate adjustment. (J. Butters, Assistant City Manager) Assistant City Manager Butters addressed council stating that this past summer CWD offered the City of Wylie a service which would create two events per year where citizens could drop off household hazardous waste, electronics, tires, batteries, appliances, and paper shredding. He explained that the cost of the HHW service was 15 cents per month, to each residential customer, for year one, and increasing to 30 cents year 2, and 40 cents year 3. The Wylie City Council made the decision to go forward with this service. Minutes January 24, 2012 Wylie City Council Page 8 Butters explained that shortly after making the decision to add the HHW service CWD made a request for a rate adjustment in accordance with the solid waste contract. Due to the dual issues the item was tabled by council at the August 9, 2011 meeting. CWD then withdrew the request and agreed to amend the contract to move the date of rate increase requests to March so that it would work better with the City's budget cycle. At the August 23rd council meeting, the City Council amended the solid waste contract to include 15 cents for the HHW service and to amend the contract and move the annual rate increase request from September to March. ACM Butters explained that the 15 cents for the HHW service was not added to the fee ordinance (thus it was not passed onto citizens) as staff knew that CWD would most likely come back with a rate increase request in March of 2012 and everything could be decided at that time. Butters reported that CWD is requesting a residential rate increase for March of 2012 from $7.94 per month to $8.38 per month with additional carts going from $3.45 per month to $3.62. CWD is also requesting a commercial increase of approximately 5%. The basis for CWD's request is the CPI, fuel costs, and disposal cost. Butters noted that the rate increase calculation by CWD were included in the packet. Butters asked for the following direction from council: 1. Whether or not to grant CWD request for a rate adjustment. 2. Whether or not to pass any rate increase onto residential customers. 3. Whether or not to pass on the increase cost of adding the HHW service to residential customers. Direction from council was for staff to bring back an amended contract at a future council meeting for further discussion and consideration. • 2011 Wylie Arts Festival Overview. (C. Ehrlich, City Secretary& C. Kelly, PIO) City Secretary and Public Art Liaison Ehrlich and Public Information Officer Kelly gave a short overview of the 2011 Wylie Arts Festival. The presentation highlighted sponsors and included the profit made from the event. Mr. Kelly reported $14,615 in revenues which would be appropriated to the public arts fund. Ehrlich explained the board had indicated the new funding would be used to increase the budget for the Community Park CIP project. Ehrlich thanked the council for their approval of Occupancy funds to fund the event. Ehrlich presented recommendations from the Public Arts Advisory Board regarding the December 2012 event stating that the board heard from over 25% of the participating vendors with most wishing to leave the event in the First Baptist Church Events Center due to the possibility of inclement weather in December. The board also suggested researching the option of having the parade and tree lighting the Friday evening before the event. The board also suggested holding a second event in the spring of 2013. Councilwoman Culver stated she was not in favor of the two day December event but was in favor of the second event and thought the new Municipal Complex would be a great venue for the spring event. Councilwoman Spillyards„concurred. Staff and the board will further research the options and bring back to council at"a later date. Minutes January 24, 2012 Wylie City Council Page 9 • Consideration and discussion on possible future adoption of a Code of Ethics. (M. Manson, City Manager) Councilwoman Culver stated that she had asked for the code of ethics to be placed on the agenda for further discussion since no formal action has ever been taken. She explained that council had discussed issues that did not work but never discussed a code of ethics that would work. She stated that she had asked that the Sugarland Code of Ethics and accompanying policies be added to this work session so council could see an award winning code that worked well for the City of Sugarland. Councilwoman Culver noted that she had spoken to council members from Sugarland who stated they had not had any problems with their code since its inception. She asked that council review this policy and possibly more policies to create a code of ethics that works for the City of Wylie. She suggested a work session to discuss and research areas of the code that would work for Wylie. She noted that she was open to further discussion and felt a code of ethics needed to be formally presented to the Wylie City Council. Mayor Hogue stated that he had read through the policies and found some of them to be good. Mayor pro tem Byboth suggested a sub-committee be appointed to narrow the scope to bring back a draft to the full council. Councilman Goss stated that he felt a code of ethics should be created that could be brought before council for a yes or no vote. Mayor Hogue asked for volunteers from the council willing to serve on the sub-committee. Council members volunteering to serve on the sub-committee were: Mayor Hogue, - ° Councilwoman Culver, and Councilman Jones. Councilman Goss volunteered to be an alternate if one of the council members is unable to serve. The work session for the sub- committee was set for January 30, 2012 at 5:30 p.m. in the Council Conference Room by the committee members. Notice will be posted. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman White, seconded by Councilman Goss to adjourn the meeting at 9:30 p.m. A vote was taken and the motion passed 6-0 with Councilman Jones absent. /rI� ATTEST: ok.(17-- TA 1�T-%% re, Carole Ehrlich, ity Secretary f��, � ' ' ,) 7 - sop + ,, tsta Minutes January 24, 2012 Wylie City Council Page 10