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04-24-2012 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday April 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 Tern Red Byboth, Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones (arrived at 6:20 p.m.). Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE • Ray Miranda, representing the Story Church, gave the invocation and Boy Scout Troop 78 led the Pledge of Allegiance. PRESENTATIONS • 5th 6 weeks Star Students: "Fairness" (Mayor Hogue) Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the character trait of"Fairness." Each six weeks one student from each WISD campus is chosen as the"star student." • Presentation to Barbara Watson for contributions made to the Smith Public Library and Friends of the Library. (Mayor Hogue, Library Staff-Friends of the Library) Mayor Hogue, staff of the Smith Public Library and members of Friends of the Library presented a plaque of appreciation to Barbara Watson, long time library volunteer and member of the Friends of the Library. Mayor Hogue thanked her for her service to the library and community. Minutes April 24, 2012 Wylie City Council Page 1 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. Don Higginson, 911 Fleming Street; Billy Tomlinson, 504 Silver Leaf Ct., and Danny Mullins, 1304 Quail Meadow Drive addressed council in support of Sanden International regarding a performance agreement. Dallas County Judge Clay Jenkins addressed council commending Councilman Bennie Jones for his organization, Wylie Youth Commission, which supports area youth. 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 April 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 Report for March 31,2012. (L. Bantz, Finance Director) C. Consider, and place on file,the City of Wylie Monthly Investment Report for March 31,2012. (L. Bantz, Finance Director) D. Consider, and act upon, approval of a Final Plat for Braddock Place Phase II, establishing 44 single family residential lots and one open space lot for park purposes on 37.906 acres, generally located southeast of Cedar Point Drive and west of Timber Falls Way. (R. 011ie, Planning Director) E. Consider, and act upon, approval and final acceptance of the reconstruction of FM 1378 from Brown Street to Parker Road and authorize final payment to L.H. Lacy Company,Ltd. in the amount of$484,600.25,and accept the project as complete. (C. Hoisted, City Engineer) F. Consider, and act upon, authorizing the City Manager to execute a License Agreement with Dallas Area Rapid Transit for the City of Wylie's purpose of constructing, installing, maintaining, and operating one 4-foot wide, concrete sidewalk crossing the Cotton Belt Line at the east side of McCreary Road, Mile Post 583.27, in Wylie, Collin County,Texas. (M. Sferra, Public Services Director) G. Consider, and act upon, authorizing the City Manager to execute a reimbursement agreement with The Kansas City Southern Railway Company for material and labor to install a concrete crossing at northbound McCreary Road on the railroad tracks. (M. Sferra, Public Services Director) Minutes April 24, 2012 Wylie City Council Page 2 H. Consider, and act upon, Resolution No. 2012-14(R) authorizing the City Manager to execute an Interlocal Agreement between Wylie Independent School District and the City of Wylie for the purchase of bulk fuel. (J. Butters, Assistant City Manager) Mayor Hogue requested that Item G be removed from the consent agenda and be considered individually. Council Action A motion was made by Councilman White, seconded by Councilman Goss to approve Items A, B, C, D, E, F, and H of the consent agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Jones absent. REGULAR AGENDA G. Consider, and act upon, authorizing the City Manager to execute a reimbursement agreement with The Kansas City Southern Railway Company for material and labor to install a concrete crossing at northbound McCreary Road on the railroad tracks. (M. Sferra, Public Services Director) Council Discussion Mayor Hogue asked why the rendering in the agenda packet for Item G read Alabama Road rather than McCreary Road. City Manager Manson explained that she was not sure why Alabama was listed but the listing did not affect the agreement. City Secretary Ehrlich reported that in the posting of the agenda item, Consider and act upon a Resolution was omitted from the action item however the resolution was attached to the agenda packet. She explained that this was a non-substantive change and could be added to the motion for approval. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to adopt a Resolution authorizing the City Manager to execute a reimbursement agreement with the Kansas City Southern Railway Company for material and labor to install a concrete crossing at northbound McCreary Road on the railroad tracks. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 1. Consider, and act upon, Ordinance No.2012-12 amending Ordinance No. 2011-18 (2011-2012 Budget) for proposed amendments for fiscal year 2011-2012. Staff Comments Finance Director Bantz addressed council stating that the mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted budget. Detail is attached for the requested items which are located within the General Fund, Utility Fund, 4B Fund, Wylie Economic Development Corporation, and Recreation Fund. The requests are further defined as neutral (matching revenues to expenditures), revenue increases, or expenditure increases. Minutes April 24, 2012 Wylie City Council Page 3 Mayor Hogue asked why the amendment was being made for asphalt overlay for streets. Public Services Director Sferra explained that the City had contracted with Apac in the last budget cycle to provide the asphalt overlays; however, the company was behind in scheduling the work and the work had not been completed or paid for in last fiscal year's budget; therefore, the amendment is being requested to complete the work in the current fiscal year. Mayor Pro Tem Byboth asked why the City used this contractor if the work could not be performed as requested. Sferra noted that the company was well under other contractors bidding on the work and provided quality work. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to adopt Ordinance No. 2012-12 amending Ordinance No. 2011-18 (2011-2012 Budget) for proposed amendments for fiscal year 2011-2012. A vote was taken and the motion passed 7-0. Public Hearing 2. Hold a Public Hearing, and consider and act upon, amendments to the Comprehensive Land Use Plan. (R. 011ie, Planning Director) Executive Summary Planning Director 011ie addressed council stating that at its March 6, 2012 meeting, the Impact Fee Advisory Committee considered updates to the Comprehensive Land Use Plan, proposed Land Use Assumptions, Capital Improvement Plan, and Impact Fees. The Committee voted 8-0 to recommend , approval to city council and to move forward with calling a public hearing. As a result, council has adopted an Ordinance to set a public hearing date of April 24, 2012 to consider the Land Use Assumptions, Capital Improvement Plan, and Impact Fees. 011ie commended her staff for their work on this plan and noted that it was completely done "in-house" which saved the city around $250,000 in consulting fees. 011ie explained the major residential revisions are as follows: 1. The Residential development patterns of the Sub-Urban Sector are focused more on what is currently on the ground to date. A majority of our residential development falls under the medium density category of 5,500 — 8,500 square foot lots. This proposed sector allows for low to medium densities with very low intensity commercial uses supporting the surrounding neighborhoods. 2. The General Urban Sector's primary focus is on a "live, work & play" module that supports the retail, office and light production uses. Such uses could include a research & development center, a light manufacturing facility and/or higher educational facilities. Often times these type uses are supported by a very mixed-use atmosphere including some high density residential. The southern sector of the City would fall into this category. The vision is an area that could support a mixed use development because of its proximity to the George Bush Turnpike. It is important to note that these uses should be designed in a way that they are compatible with surrounding areas. 011ie explained the major commercial revisions which include: 1. Heavier commercial uses are supported within the General Urban Sector that provides for a wide range of opportunities that would sustain a campus type environment for businesses and retail/restaurant uses. This sector would also encourage innovative residential densities that -..m. support such business facilities. Minutes April 24, 2012 Wylie City Council Page 4 2. Creation of overlay districts have been included that will promote specific uses to our area in conjunction with the overall Strategic Plan as outlined by council in 2008. These areas include, but are not limited to, lakefront activity and development, entertainment areas to promote family first, and create a unique area for various disciplines within the healthcare management system. Planning Director 011ie reported the goal of the 2012 Comprehensive Master Plan is to protect, preserve and enhance Wylie's identity. A simple methodology is to vision a step down method, whereby you start with an overall vision of the City "The Comprehensive Land Use Plan" and then drill down to the Sector level and further to the Overlay Zones and ultimately to the Zoning Ordinance which becomes parcel and project specific at the neighborhood level. 011ie noted that the Comprehensive Plan will also address disasters and emergency services needed at the time of the disaster. This will also eliminate the need for an emergency meeting to adopt an ordinance to provide those services in a disaster. City Engineer Hoisted addressed council stating that part of this public hearing will be about Land Use Assumptions and updates to the Capital Improvements Plan. This plan will take the City out ten years from a current population of 42,804 to a population of 49,642. This population growth will require increased water and sewer facilities and increase the Capital Improvements Plan. Public Hearing Mayor Hogue opened the public hearing for the Comprehensive Land Use Plan at 7:36 p.m. asking anyone present wishing to address the council to come forward and keep their comments to three minutes. .Ps ON Alexis Tapp residing at 2250 Sachse Road (County Road 819), Wylie, addressed council asking council to be mindful of an upscale development such as a school or institution of higher education for the property close to the 190 Extension on the Pleasant Valley side of the land. Tapp noted that she was not in favor of developments with density of 8,500' lots. With no other citizens wishing to address council, Mayor Hogue closed the public hearing at 7:45 p.m. Planning Director 011ie addressed council explaining that the land near the 190 Extension on Pleasant Valley was currently zoned Agriculture. She noted that any proposed development would have to come before the Planning and Zoning Commission and City Council and should require a Planned Development zoning. This would be the best zoning for the property to insure it is developed according to the preference of council. Council Action A motion was made by Councilman White, seconded by Councilwoman Culver to approve amendments to the Comprehensive Land Use Plan. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, approval of Ordinance 2012-13, amending Ordinance No. 2006-10 to approve the adoption of the updated and amended Land Use Assumptions and Capital Improvements Plan. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that on March 13, 2012 council adopted Ordinance 2012-10 setting the date for a public hearing on the updated Land Use Assumptions and Capital Improvements Plan. Section 395 of the Local Government Code specifies the process necessary for the Minutes April 24, 2012 Wylie City Council Page 5 implementation of impact fees, and a public hearing was conducted to receive public comments on the *. updates to the Land Use Plan and Capital Improvements Plan. Projections over the next ten years are 229 dwelling units per year. The projections that were shown in 2006 showed 11,000 utility connections over a ten year period on the water system. Currently the plan will propose 2,254 connections due to the slowdown in growth. Subsequently the infrastructure needed over the next ten years has decreased. Joe Carter, representing Birkhoff, Hendricks & Carter, L.L.P., addressed council and presented the Water and Wastewater Impact Fee Update. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to approve Ordinance No. 2012-13, amending Ordinance No. 2006-10 to approve the adoption of the updated and amended Land Use Assumptions and Capital Improvements Plan. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, Resolution 2012-15(R) setting a date, time and place for a Public Hearing on the proposed updates and amendments to the Water and Sewer Impact Fees. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed council stating that Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees. Council previously conducted a public hearing and considered an ordinance on the proposed Land Use Assumptions and Capital Improvements Plan. -- Council Action A motion was made by Councilman White, seconded by Councilman Goss to approve Resolution No. 2012-05(R) setting the date of June 12, 2012 at 6:00 p.m. in the City Council Chambers of the Wylie City Hall, as the date, time and place for a public hearing on the proposed updates and amendments to the Water and Sewer Impact Fees. A vote was taken and the motion passed 7-0. Public Hearing 5. Hold a Public Hearing and consider, and act upon, a request for a Specific Use Permit (SUP) for an Equipment Rental use on one lot of 2.0 acres (Highway 78 Business Park Addition, Block A, Lot 2) located at 1211 Highway 78 South. ZC 2012-05 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject property is located at 1211 Highway 78 south and is within the Highway 78 Business Park, also known as the Century Business Park Addition. The applicant is requesting a Special Use Permit (SUP)for an Equipment Rental use. An SUP provides a means of oversight and evaluation by the Commission and City Council of certain uses as to its probable effects upon adjacent properties and the community's welfare by assuring appropriateness and compatibility with surrounding land uses. Minutes April 24, 2012 Wylie City Council Page 6 The applicant is proposing to redevelop the 2.0 acre property. The property is currently zoned Commercial Corridor and has been used as an Automotive Repair, Major for several years. A concept plan has been provided by the applicant in conjunction with this request and is made part of this request. The applicant proposes several changes to improve the property: • The 12,000 sq. ft. metal structure will be clad in masonry materials that comply with the current zoning ordinance. • Landscaping will be added to the front of the property. While this addition would bring the property closer to the requirements of the current zoning ordinance, the proposed 4,000 sq. ft. of landscaping is less than the required 20%. However, based on the placement of the building on the site, meeting this requirement would require watered landscaping that is not visible from the public thoroughfare thus providing no aesthetic benefit while limiting the applicants business potential given the need for equipment storage on pavement. • Parking will be realigned with a total of 18 spaces provided, which is less than the 24 that is required for this use in the zoning ordinance. Although the Equipment Rental use is categorized under the general heading of"RETAIL", it is not the typical retail user that brings in a high volume of drive by customers. It caters more to a contractor or individual worker who rents a tool or piece of equipment to perform a temporary task thus staff feels a reduction in parking is justifiable. • Paving will be added to the rear of the property to accommodate rental products, a wash rack, and a fueling station. • Fencing will improved on the property frontage. 011ie reported these changes will bring the property into conformance. 011ie reported eight (8) notifications were mailed to property owners within 200 feet in accordance with State Law. As of April 16, 2012 one (1) response was received in favor of the requested zoning change. The Commission voted 6- 0 to recommend approval. Applicant/Staff Comments Applicant Mike O'Neal addressed council stating that Rental One planned to expend approximately $250,000 in improvements to the property. He stated he and his partners were excited to expand the business to Wylie. Mayor Hogue asked why the gas tank was above ground. Mr. O'Neal explained that the fuel tank was proposed to be above ground. He noted that in his opinion this was the most environmentally safe installation of fuel tanks. WEDC Executive Director Satterwhite addressed council stating that this property has been for sale for several years with no interested buyers. He stated that this zoning request by the applicant will significantly improve the property and the applicant was planning to spend considerable funding to make those improvements. Councilwoman Culver asked the applicant if any of the equipment would be placed in front of the property. Mr. O'Neal explained the area in front of the building had no room for equipment and no equipment would be parked in front of the building. Public Hearing Mayor Hogue opened the public hearing at 8:08 p.m. asking anyone present wishing to address council to come forward. No one was present wishing to address council. Mayor Hogue closed the public hearing at 8:09 p.m. Minutes April 24, 2012 Wylie City Council Page 7 Council Action „ A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Jones to approve a request for Specific Use Permit (SUP) for an Equipment Rental use on one lot of 2.0 acres (Highway 78 Business Park Addition, block A, Lot 2) located at 1211 Highway 78 South. (ZC 2012-05). A vote was taken and the motion passed 7-0. READING OF ORDINANCES City Secretary Ehrlich read the ordinance captions to Ordinance No.'s 2012-12 and 2012-13 into the official record. WORK SESSION • FY 2013 Preliminary Budget Presentation (M. Manson, City Manager) City Manager Manson addressed council stating that staff had prepared a very preliminary budget overview. Manson reviewed the assumptions affecting the FY 2012-2013 budget showing an increase of 6% in sales tax revenue and home starts projected to remain at 200 units per year. The General Fund Base Budget estimates showed revenues at $25,578,922 and expenditures of$25,381,489. She explained that these estimates were based on no new expenditures. The General Fund Balance is estimated to be 35% in 2013, 33% in 2014 and 32% in 2015. She noted that a minimum of 20% fund balance is recommended generally, with the City's investment policy set with a goal of 25%. Manson reported that for every 1 cent of property tax reduction the cost to the General Fund was estimated to be $223,570 in revenue reduction and for every 1 cent of tax reduction the average home, valued at $141,132 would see a reduction in annual City property tax of $14.11. Direction from council moving forward in the budget process was: • Add three narcotics officers to the police department • Compile estimates to complete a marketing and branding program for the City of Wylie • Compile a salary survey for current employees • Review sidewalk and street repairs needed • Consider a property tax cut Mayor Hogue convened into Executive Session at 9:30 p.m. reading the caption below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 Deliberation Regarding Real Property; Closed Meeting; Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters concerning the purchase, --vw exchange, lease, or value of real property to wit: Minutes April 24, 2012 Wylie City Council Page 8 • Discussion regarding property generally located near Country Club and Brown and property generally located near the 800 block of Hensley Lane. Mayor Hogue reconvened into Regular Session at 10:05 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 Councilman Jones to adjourn the meeting at 10:05 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor WI ATTEST: OFll ���1lra�n Car le Ehrlich, ty Secretary .� •1887s• 01. -44rt OF Minutes April 24, 2012 Wylie City Council Page 9