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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 Minutes February 28, 2012 Wylie City Council Page 1 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. Minutes February 28, 2012 Wylie City Council Page 2 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. Minutes February 28, 2012 Wylie City Council Page 3 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: Minutes February 28, 2012 Wylie City Council Page 4 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 Minutes February 28, 2012 Wylie City Council Page 5 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. Minutes February 28, 2012 Wylie City Council Page 6 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 Minutes February 28, 2012 Wylie City Council Page 7 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, Wylie City Si.. = (<. Page 8 •c 1. •1887• h4rp of TS7''