02-28-2012 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, February 28, 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 Tern Red Byboth, 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; Fire Chief, Randy Corbin; 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
Kris Segrest, Lead Pastor for First Baptist Church, gave the invocation and Councilman Jones
led the Pledge of Allegiance.
PRESENTATIONS
• Presentation to Eagle Scout,Jared E. Koehler. (E. Hogue, Mayor)
Mayor Hogue presented a proclamation to Jared Koehler in recognition of his attainment of
Eagle Scout. Jared's project was to collect children's books for the Texas Scottish Rite Hospital
for Children in Dallas, Texas.
• Presentation by the students of Dodd Elementary regarding Wylie Animal Shelter
signage. (E. Hogue, Mayor)
Mayor Hogue introduced Coach Angie McCrary from Dodd Elementary. Ms. McCrary addressed
council stating that the students had taken up Rachel's Challenge by taking a project focusing
on signs for the Wylie Animal Shelter. Several students addressed council requesting signs be
placed in and around the shelter to draw attention to the shelter with the hopes of more
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adoptions. Students also asked questions concerning when this project could be completed.
Mayor Hogue noted that the City Manager was currently working with staff to provide the signs.
Students present included: Camille Moody, Hudson Harris, Olivia Cottle, Dylan Pitts, Taylor
Moncrief, Makayla Johannsen, Natalie Elderbroom, and Taylor Campbell.
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.
No citizens were 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 February 14, 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 January 31,2012. (L. Bantz, Finance Director)
C. Consider, and place on file, the City of Wylie Monthly Investment reports as of
January 31,2012. (L. Bantz, Finance Director)
D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of January 31, 2012. (S. Satterwhite,
Executive Director WEDC)
E. Consider, and act upon, approval of a Preliminary Plat for Sanden Boulevard
Church Addition, Block A, Lot 1. Subject property located east of Sanden
Boulevard and approximately 425 feet north of Brown Street. (R. 011ie, Planning
Director)
F. Consider, and act upon, Ordinance No. 2012-07, amending the zoning from Business
Government (BG) District to Commercial Corridor (CC) District on 19.100 acres,
generally north of FM 544 and approximately 1,700 feet east of Country Club Road
(FM 1378). ZC 2012-02 (R. 011ie, Planning 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.
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REGULAR AGENDA
Public Hearing
1. Hold a Public Hearing and consider, and act upon, amending the zoning from
Agricultural District (AG/30) to Single-Family (SF-10/24) District on 1.34 acres,
generally south of Brown Street and west of Carriage House Way. ZC 2012-03
(R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed council stating that currently Lot 17, Block 17 is platted as a 0.2632
acre lot within the Westgate#1 Addition and is zoned SF-10-24. The remaining area (Tract 5) is unplatted
and consist of 1.0476 acres and is zoned AG/30. This request is to rezone Tract 5 to SF-10/24 and to
create three single family residential lots to conform to the SF-10/24 District. There is a single story wood
frame residential structure on Tract 5 that will remain and will be platted as Lot 1. Future plans will include
a single family dwelling on proposed lot 2, and a single family dwelling on proposed Lot 3. Both new
structures will be a minimum of 2,400 s.f. and will adhere to current design regulations of the current
zoning ordinance adopted as of January 26, 2006.
Public Hearing
Mayor Hogue opened the public hearing on Zoning Case 2012-03 at 6:35 p.m. asking anyone
present wishing to address council to come forward and keep their comments to three minutes.
No one was present to address council during the public hearing.
Mayor Hogue closed the public hearing at 6:35 p.m.
Council Action
A motion was made by Councilman White, seconded by Councilman Jones to amend the
zoning from Agricultural District (AG/30) to Single-Family (SF-10/24) District on 1.34 acres,
generally south of Brown Street and west of Carriage House Way. (ZC 2012-03). A vote was
taken and the motion passed 7-0.
General Business
2. Consider, and act upon, Ordinance No. 2012-08 amending Ordinance No. 2011-18
(2011-2012 Budget) for proposed amendments for fiscal year 2011-2012. (L. Bantz,
Finance Director)
Staff Comments
Finance Director Bentz addressed council stating that the Wylie Advocates for Senior Activities (WASA)
has an anonymous donor that will match donations up to $20,000 for remodeling of the former Smith
Public Library. Funds have been identified that can be used to offset this expenditure, and as a result,
there will be no impact to the overall General Fund FY 2012 Budget.
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Council/Citizen Discussion
Several citizens addressed council during the agenda item. Catherine and Matthew Butschek residing
at 1755 FM 1378, Wylie, and Jeff Harris, residing at 916 Ann Drive, Wylie, spoke against the
expenditure. Lee Shannon, residing at 1122 Bozman Road, Wylie; Kevin Steward, residing at 3505
Barberm Dr. Wylie; Don Hallum (representing the Wylie seniors), residing at 301 Rush Creek Drive,
Wylie; and Jim Swartz spoke in favor of the expenditure.
Former Mayor Jim Swartz addressed council stating that WASA had received notice that an anonymous
donor had agreed to match WASA funds raised up to $20,000 until March 31, 2012. He explained the
association had raised $7,000 but needed an additional $13,000 to receive the matching grant. He
reported that all funding including the city's portion, WASA's portion and the matching funds would be
used to make improvements to the old Smith Library for a Senior Center owned by the City. Swartz noted
that the donor had indicated that extensions beyond the noted deadline would not be offered.
Councilwoman Culver asked if the new proposed senior center would be available to all citizens or just
the seniors; if this is the case all tax payers will be paying for a building that is open to a few citizens.
Mayor Hogue replied"I have been to the luncheons with these seniors; I have been there when they have
played dominos because I have met these people who have served our City for years and years. If we
can't give them a building where they can go to exercise and spend some time together going to events
and other activities then we are doing a lousy job of supporting those people who we are building from
their base in Wylie, Texas." Hogue noted that a resolution was adopted last year that set that building
aside for the seniors. This did not include funding. Councilwoman Spillyards noted that she had paid
taxes for years to the school for which she had no children attending; never called the police for which her
tax dollars pay salaries. "We all share in the tax burden but benefit in different ways."
Mayor pro tern Byboth noted that the seniors had paid for this facility many times over the years. He
noted that he did not have a quarrel with the funding donation. Councilman Jones stated that he had
listened to everyone speaking and this would be one of the hardest decisions he would make. He stated
that somehow the city manager found this funding even in last year's tight budget; he would vote his
conscience. Councilman Goss noted that this approval might set precedence for future requests. He
asked if there was a possibility that the WEDC could pick up the funding so it would not have to come
from the general fund.
WEDC Executive Director Satterwhite addressed council responding to Councilman Goss's request.
Satterwhite explained that he did not think this would fall under business promotion and would find it hard
to link in any way to promote the WEDC. He noted that he would check with the City Attorney to confirm.
Councilman Goss asked that the item be tabled to give WEDC time to research the ability to fund the
$13,000 donation.
Council Motion
A motion was made by Mayor pro tern Byboth, seconded by Councilman White to approve
Ordinance No. 2012-08 amending Ordinance No. 2011-18 (2011-2012 Budget) for proposed
amendments for fiscal year 2011-2012 with the stipulation that WEDC first review consideration
of the expenditure.
Councilman Goss asked for point of order for discussion on the motion. Councilman Goss
asked that the item be tabled to insure an answer was received from WEDC prior to moving
forward with approval of the item. Councilman White withdrew his second and Mayor pro tern
Byboth amended his motion to state:
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L~} Council Action
A motion was made by Mayor pro tem Byboth, seconded by Councilman Goss to table Item #2
to the March 27, 2012 council meeting to allow staff time to research the possibility of the Wylie
Economic Development Corporation to appropriate the $13,000. A vote was taken and the
motion passed 7-0.
3. Consider, and act upon, award of a contract to McMahon Contracting, Inc. in the
amount of $7,278,814.43 for the reconstruction of Brown Street from FM 1378 to
Ballard Ave. (C. Holsted, City Engineer)
Staff Comments
City Engineer Hoisted addressed council stating that the Brown Street West paving project includes the
construction of approximately 8,950 linear feet of 4-lane concrete pavement section with sidewalks from
FM 1378 to Ballard Avenue. On January 19, 2012, the City opened ten bids with the low bid being
submitted by McMahon Contracting, Inc. The project includes approximately 54,050 square yards of
concrete paving, 8,000 square yards of concrete sidewalk, and approximately 5,335 linear feet of 12-inch
water line relocation.
Mayor Hogue asked when the road construction would actually start. Hoisted replied it would take
approximately 60 days to receive the contracts back from the contractor and mobilize.
Council Action
A motion was made by Councilman Goss, seconded by Councilman Jones to award a contract
to McMahon Contracting, Inc. in the amount of $7,278,814.43 for the reconstruction of Brown
Street from FM 1378 to Ballard Avenue. A vote was taken and the motion passed 7-0.
4. Consider, and act upon, authorizing the Mayor to sign an amendment to Exhibit C
of the Solid Waste contract between the City of Wylie and Community Waste
Disposal (CWD); granting CWD's request for a rate increase to take effect March
1st 2012. (J. Butters, Assistant City Manager)
Staff Comments
Assistant City Manager Butters addressed council stating that the City of Wylie's solid waste provider
(CWD) has made a request for a rate increase. Per our contract with CWD they have the opportunity to
make a request for a rate adjustment once per year. Rate adjustments are requested per an agreed upon
formula of costs, including CPI, fuel costs, and disposal charges. In September 2011, we amended the
contract to move the annual date of rate adjustment from September to March to better fit our budget
cycle. The rate increase request was discussed at a work session in front of council on January 24th. The
rate increase represents a 3.8% increase for residential and approximately 5% increase (on average) for
commercial. The increases are driven by a small increase in the CPI and an increase in fuel.
ACM Butters noted that this increase only affects the City costs, not the consumer. Those fees would be
changed by amending the comprehensive fee ordinance which would be coming to council as a future
agenda item.
Council Action
A motion was made by Councilman White, seconded by Councilwoman Spillyards to authorize
the Mayor to sign an amendment to Exhibit C of the Solid Waste contract between the City of
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Wylie and Community Waste Disposal (CWD); granting CWD's request for a rate increase to
take effect March 1, 2012. A vote was taken and the motion passed 6-1 with Mayor Hogue,
Mayor pro tern Byboth, Councilwoman Spillyards, Councilwoman Culver, Councilman White and
Councilman Goss voting for and Councilman Jones voting against.
5. Consider, and act upon, a Resolution No. 2012-08(R) of the City Council of the City
of Wylie, Texas designating a revitalization area and economic development
initiative for a residential affordable development and supporting a proposed
Mariposa at Woodbridge for Senior Citizens. (M. Manson, City Manager)
Staff Comments
City Manager Manson addressed council stating that in order to make the application for the proposed
Mariposa at Woodbridge for Senior Citizens competitive for State funding, the council is being asked to
consider a Resolution that would affirm and satisfy to specific categories:
(22) Economic Development Initiatives. (2306.127) The purpose of this item is to provide an incentive
for proposed developments located in areas that have adopted initiatives that promote economic
development. An application may quantify to receive 1 point under subparagraph (A) or (B) of this
paragraph.
23) Community Revitalization (42(m)(1)(C)(iii)) or Historic Preservation. Applications may qualify to
receive (1 point) under subparagraph (A) or (B) of this paragraph. The purpose of this scoring item is to
provide an incentive for community transformation (including Qualified Census Tracts) by utilizing already
existing capacities and providing long-term improvements to specific geographic areas as well as
preserving federal or state designated historic buildings.
Manson noted that the Resolution simply establishes the 13 acres described in Exhibit A as a community
revitalization and economic development zone only, and does not commit the City to any type of
incentives.
Council/Citizen Comments
Stuart Shaw, representing Mariposa, addressed council stating that the Resolution before council was an
additional support for the state application. He noted that he did not think Mariposa would be competitive
without the Resolution to increase the application by two points. Mayor Hogue asked if the information he
received stating that 55 years and over was not a requirement by TDACA. Mr. Shaw replied that the
building would be 80% - 55 years and older, and Mariposa would follow the Fair Housing laws and
discriminate against anyone under the age of 55 or families with children. He noted that there was a little
wiggle room that Mariposa can mandate if a senior was 55 and the spouse was 50 or older they could be
accepted.
Councilwoman Culver noted that the application stated that 20% must be below half the average income
of Wylie and half of that percent must be half of the AMFI, which places them nearly homeless without
income. She asked Mr. Shaw how he was going to take care of them. Mr. Shaw replied this information
was grossly inaccurate. Shaw passed out what the application actually stated. He noted the application
had varying income strata which included units at varying average medium incomes and associated
rental costs. He explained that if 30% was average income of $14,730 - $16,830 and those units were
rented, no more would be offered at that AMI. Councilwoman Culver asked Mr. Shaw how many facilities
he was involved in and how many he had sold. Mr. Shaw replied all facilities Mariposa constructed were
still owned by Mariposa. He noted there was even a succession plan in the event something happened to
him.
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Mayor pro tern Byboth asked how much the facility would be worth once completed. Mr. Shaw replied the
facility would be worth between $7 million and $10 million dollars depending on appraisal. He noted that
property tax would be paid on the full value of the property by Mariposa. Councilman Goss asked if he
was correct in understanding that Mariposa's property taxes would be reduced, dollar for dollar for the tax
credits Mariposa receives from the state? Mr. Shaw replied that this was incorrect, the two are
completely separate. He explained the tax credit in question was enacted by President Regan in 1986 to
take senior programs such as this out of the federal and place them in private business. The tax credits
referred to tonight are issued by the state (TDACA) based on competing applicant points. If awarded by
the state, Mariposa will sell the tax credits to an investor such as JP Morgan for an example and would
pay money for the tax credits. Shaw reiterated that Mariposa would be paying the same property taxes
that any other business pays based on appraised value.
Mayor Hogue noted that he wanted to insure that the facility was completely for seniors. Mr. Shaw
suggested a deed restriction be placed on the property that runs with the land at closing that would
restrict the age of residents to 55/50 or older with no children allowed. Councilman Jones stated that he
had concerns with the age restriction being followed. He noted that he could support 50 or older as long
as no relatives under the age of 50 are allowed to reside. Councilwoman Spillyards noted that a deed
restriction would stay with the property no matter who has the ownership. The ownership can change
hands multiple times and the deed restriction will always remain in place.
Matthew and Catherine Butschek, residing at 1755 FM 1378, Wylie, spoke in opposition of the
Resolution.
Don Herzog, owner of the property, addressed council stating that he would be happy to place a deed
restriction on the property to insure that residents were 55/50 years or older and no children allowed. Mr.
Shaw noted that in addition to the deed restriction he would be happy to provide a planned development
with the same age restrictions to follow the land. He noted that he and Mr. Shaw would draft the deed
restriction to coincide with the approved planned development and present it to the City Attorney for
approval prior to the sale of the property.
Council Action
A motion was made by Councilman White, seconded by Mayor pro tern Byboth to adopt
Resolution No. 2012-08(R) of the City Council of the City of Wylie, Texas designating a
revitalization area and economic development initiative for a residential affordable development
and supporting a proposed Mariposa at Woodbridge for senior citizens with the contingency that
a PD be created to include age restrictions for residents living in the development to 55/50 years
and older with no children and placing a deed restriction on the property with the same
restrictions. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tem
Byboth, Councilwoman Culver, Councilwoman Spillyards, Councilman Jones and Councilman
White voting for and Councilman Goss voting against.
READING OF ORDINANCES
City Secretary Ehrlich read the caption to Ordinance No. 2012-07 into the official record.
WORK SESSION
• City Secretary Department Overview (C. Ehrlich, City Secretary)
City Secretary Ehrlich introduced members of the staff of the City Secretary's office, Jacky
Casey and Stephanie Storm. Ehrlich reviewed some of the functions of the office which
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included: local elections, boards and commission interviews and appointments, bi-weekly
agenda packets provided to council, certification of petitions for referendums, recalls, local
options, initiatives, and the duties of public information officer and records management officer
for the City.
Ehrlich also highlighted the Wylie Public Arts Program. Ehrlich serves as the coordinator and
liaison for the Public Art Advisory Board. Ehrlich reviewed installed pieces of art and reviewed
current projects and future projects the board would be working on.
Mayor Hogue convened into Executive Session reading the caption 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 follow up Evaluation of the City Manager
Mayor Hogue reconvened into Regular Session at 9:59 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result of executive session.
There was no action taken as a result of Executive Session.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
Goss, seconded by Councilwoman Culver to adjourn the meeting at 10:00 p.m. A vote was
taken and the motion passed 7-0.
Eric Hogue, Ma
ATTEST:
OF 1111frt
Carole Ehrlich, ity Secretary �' 'c Ire -
Minutes Febru-',• r': ;, •,� -C,
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