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
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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,
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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.
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Wylie City Council
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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
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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.
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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
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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)
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Wylie City Council
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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.
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Wylie City Council
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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.
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Wylie City Council
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