11-08-2011 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, November 8, 2011 - 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, and Councilman Rick White. Councilman David
Goss and Councilman Bennie Jones were absent.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police
Chief, John Duscio; Finance Director, Linda Bantz; Public Services Director, Mike Sferra;
Planning Director, Renae' 011ie; Fire Chief, Randy Corbin; WEDC Executive Director, Sam
Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various
support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Randy Corbin gave the invocation, and Police Chief John Duscio led the Pledge of
Allegiance.
PRESENTATION
• Presentation of flag from Nathan Scott to Mayor Hogue
Wylie citizen, Nathan Scott, presented Mayor Eric Hogue with a flag that was flown over
Afghanistan in his honor. The flag was carried by Lt. Col. Aaron "Musket" Lade in a 1989 F-16
Fighting Falcon, known as Viper 23, on September 6, 2011 in Afghanistan. Mr. Scott is a local
businessman; a financial advisor with Morgan Keegan.
• Relay for Life WSM Caregiver Proclamation (Mayor Hogue)
Mayor Hogue read a proclamation to members of the American Cancer Society, Relay for Life.
2011 WSM Caregiver, Tina Mosely, was present to accept the proclamation, proclaiming
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November as Caregiver Month in the City of Wylie. Ms. Mosely cared for her son during his
battle with cancer.
• Presentation of a Proclamation to Juanita L. Arnold (Mayor Hogue)
Mayor Hogue presented a proclamation to Juanita Arnold who will turn 100 on November 28,
2011. The proclamation named November 28, 2011 as "Juanita L. Arnold Day" in the City of
Wylie. Mrs. Arnold was unable to attend the meeting.
• Presentation for Municipal Court Week November 7-11 (L. Bantz, Finance Director)
Mayor Hogue read a proclamation designating November 7 — 11, 2011 as "Municipal Court
Week." Finance/Court Director Linda Bantz, Court Supervisor Lisa Davis, and Court Clerk
Brenna Stevenson were present for the award.
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.
Grace Morrison, residing at 118 Glen Knoll Drive, Wylie, and chair person for the Library
Board, addressed Council thanking city staff and library staff who have been working to enable
all 54 library computers to be operational for use by library patrons.
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 October 25th and November
1,2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to
approve the consent agenda as presented. A vote was taken and the motion passed 5-0 with
Council members Jones and Goss absent.
REGULAR AGENDA
Public Hearing
1. Hold a Public Hearing and consider, and act upon, amending the zoning from
Agricultural (AG/30) to Planned Development Single Family Detached (PD SF)
District. The 36 acre tract is located south of E. Brown Street and west of W.A.
Allen Boulevard. ZC 2011-06 (R. 011ie, Planning Director)
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Staff Comments
Planning Director 011ie addressed Council stating that the applicant is requesting to establish permanent
zoning on an approximate 36 acre tract generally located south of E. Brown Street and west of W.A.
Allen Boulevard. Annexation of the referenced Kreymer Family tract was in conjunction with a series of
comprehensive citywide annexations in 1986. Multiple tracts would eventually be zoned for single family
development, and several would retain their Agriculture designation and continue to be used for
agricultural and open space uses.
011ie explained that the request to rezone property from Agricultural to PD-SF is consistent with the
City's Comprehensive Plan Land Use Map and does conform to the Comprehensive Plan's philosophy.
In addition, staff recognizes the applicant's desire to preserve open spaces and natural systems along
with providing a homeowners association with responsibility of maintenance of those areas accordingly.
She noted at the September 26, 2011 Parks Board meeting; the Board accepted the applicant's proposal
for parkland dedication and recommends approval subject to planned development provisions.
011ie reported the planning commission asked for larger square footage homes and the applicant replied
the homes would be built as large as the customer desired. The applicant indicated the right turn lane
would be installed from Brown Street onto the subject property.
Public Hearing
Mayor Hogue opened the public hearing for Zoning Case#2011-06 at 6:53 p.m. asking anyone present
wishing to address Council on this zoning case to come forward and keep their comments to three
minutes.
�... With no one coming forward to address Council for Zoning Case #2011-06, Mayor Hogue closed the
public hearing.
Applicant/Council Discussion
Jim Douglas, 2309 Avenue K, Plano, TX, applicant for the proposed zoning case addressed Council
stating that the main part of the creek near the subdivision had a culvert running underground. He
reported the City plans were to rebuild that culvert to enlarge it. When incorporated into the
development both City engineers and development engineers would see that the water was contained
and natural landscape would be preserved. Mr. Douglas reported that he would be constructing board
on board fencing with steel enforcements.
Mayor Hogue asked when the amenity center would be constructed. Mr. Douglas stated that the
amenity center would be the first thing that was built on the property. He explained that too many times
buyers are promised certain amenities and then never actually receive the amenities they were
promised. "If we build it at the beginning, buyers can see what they will receive if they purchase property
in the development."
Douglas explained there would be 3,000 sq. ft. of walking trails and a pavilion which will be maintained
by the HOA and built by the developer, and installed irrigation systems to all common areas at no
expense to the City. In the future, trails should connect to the master plan hike and bike trails.
Councilwoman Culver stated that she was not in favor of the small lots, but would be agreeable to
increasing the percentage of larger homes and lowering the percentage of 1,800 square foot homes.
Councilwoman Spillyards commented that she was not concerned with the lot size but what goes on the
lot is more important. She noted that the entrance off Brown was a much better option than W. A. Allen.
Mr. Douglas stated that he was comfortable changing the percentage to 10% rather than 15% being at
1,800 s.f.
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Mayor Hogue asked Mr. Douglas who the builder was they were negotiating with. Mr. Douglas replied it
was 99% confirmed as Bloomfield which is a custom builder.
Council Action
A motion was made by Councilman White, seconded by Mayor Pro Tem Byboth to approve
amending the zoning from Agricultural (AG/30) to Planned Development Single Family
Detached (PD SF) District for a 36 acre tract located south of E. Brown Street and west of W.
A. Allen Blvd. (ZC 2011-06) with the stipulation that the PD be amended to read: 10% of lots to
have homes at least 1,800 s.f.; 35% of homes to be at least 2,000 s.f. and 55% of homes to be
at least 2,200 s.f. Additionally, the Amenity Center will be completed prior to the first certificate
of occupancy being issued to the applicant. A vote was taken and the motion passed 5-0 with
Councilmen Jones and Goss absent.
2. Hold a Public Hearing and consider, and act upon, an Amendment to PD 2003-01,
Section 4.06 to modify parking and landscape requirements as it relates to theater
development. ZC 2011-07 (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the subject property (Tract C-1) is located west of
Woodbridge Parkway and Wylie High School and south of F.M. 544 and consists of 10.759 acres. The
applicant is requesting to amend Section 4.06 Parking Design Requirements of Planned Development
2003-01 to modify the conditions of the PD for the development of a 2,002 seat movie theater (Exhibit
"B").
011ie explained that under the current ordinance, 667 parking spaces would be required plus one space
for each employee. Based on the proposed amendment, the subject lot 1 would contain 393 parking
spaces on site and 27 parking spaces off-site (lot 2 &4), for a total of 420 spaces.
In addition to the parking spaces, the applicant is requesting to increase the distance between landscape
islands within the parking lot. The ordinance requires all parking rows to have a landscaped island every
12 spaces, in addition to no parking space further than 60 feet from a landscaped area on site. The
amendment originally requested that for every parking row a landscape island to be no more than 25
spaces. This proposal now asked for an island every 20 spaces. The applicant proposes larger planting
areas and buffers along the perimeter of the lot including a wider landscaped pedestrian path through
the heart of the lot.
011ie reported that the development exceeds the required 25 points of Site Design regulations of the PD.
The development will meet the desirable by orienting the front façade to the street (10 pts); combining
access points with adjacent tracts (20 pts); direct connection between the buildings and street by
providing an enhanced landscape walkway(10 pts), for a total of 40 points.
011ie noted the Planning and Zoning Commission voted 5-0 in favor of the proposed PD with zoning
changes.
Applicant/Council Discussion
Dennis McIntire, Director of Strategic Planning for B & B Theaters, addressed Council stating that B & B
Theaters was a family owned company that has been in business since 1924. They are based in
Liberty, MS. He reported that B & B is in its fourth generation. McIntire reported that fourth generation
Brock Bagby was working with the company while still in high school and is currently in college. The
company asked him to find the top 10 cities in the United Stated to build a theatre. Brock chose Wylie
as his number one spot.
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He reported that the focus of B & B was to build theaters in regional markets which is the expertise of the
company. The building is 45,000 s. f. and will be state of the art inside and out. The theater will have a
balcony section with four screens. It will provide a full restaurant and bar, and serve 21 and older
visitors. These sections will have rocker/recliner seats. He stated that they were very excited to
introduce this feature. He reported general seating will seat 2,002. Mr. McIntire displayed the frontage
of the building and reported it would be 46 feet in height. The downstairs will house a lobby and 12
screens. The main lobby will seat 449 people. The screen in the main auditorium will be called the
grand screen and will be 65 feet high. "Bringing Hollywood to Your Hometown" is our theme he
reported.
He noted that in theaters that are currently running the five to one parking have been more than
adequate. He reported that landscaping will be provided on the perimeter of the lot rather than largely
on the medians and will exceed the landscape requirements.
Public Hearing
Mayor Hogue opened the public hearing for amendment to PD 2003-01 at 7:17 p.m. asking anyone
present wishing to address Council on this zoning case to come forward and keep their comments to
three minutes.
WEDC Executive Director Satterwhite addressed Council explaining that this item was not completely
approved. He noted that Council would be hearing an aggressive incentive package as part of the B & B
Theater land purchase at the next Council meeting. He added that the revenue that will be generated by
this development will be returned in a very quick time period. He explained that he could not think of a
better use for this particular property being across from the high school and off of SH 544. This proposal
has been in the making for over three years.
With no one else coming forward to address Council amending PD 2003-01, Mayor Hogue closed the
public hearing.
Council Action
A motion was made by Councilwoman Culver, seconded by Councilwoman Spillyards to
approve the amendment to PD 2003-01, Section 4.06 to modify parking and landscape
requirements as it relates to theater development. (Zoning Case 2011-07). A vote was taken
and the motion passed 5-0 with Councilmen Jones and Goss absent.
3. Hold a public hearing and consider, and act upon, approval of Ordinance No. 2011-
25 authorizing the taxation of tangible personal property in transit which would
otherwise be exempt pursuant to Texas Tax Code, Section 11.253. (S. Satterwhite,
WEDC Executive Director)
Staff Comments
The 82nd Texas Legislature in Special Session enacted Senate Bill 1 which amends the Texas Tax
Code, Section 11.253 (j-1). The bill is very similar to the Freeport exemption passed many years ago,
but has potentially a larger impact as time goes on. The City of Wylie has not passed the Freeport
exemption and continues to tax Freeport goods, which is primarily inventory of companies such as
Sanden International, Bayco Products, Carlisle Coatings & Waterproofing, and Extruders division of
Atrium Companies, Inc.
Satterwhite explained that unlike the above goods, which are housed in owner occupied facilities, SB 1
exempts goods, principally inventory, that are stored in a location that is not owned by the owner of the
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goods and transferred from that location to another location within 175 days. Satterwhite noted that prior
to consideration of this item; the City Council must first hold a public hearing to hear evidence for or
against the continued taxation of these goods or the exemption of the same. Failure to act by December
31, 2011 allows these goods-in-transit to become exempt for the 2012 tax year.
Satterwhite reported that to his knowledge no companies in Wylie would qualify for this taxation at this
time; however, staff is recommending approval of this ordinance to not give up the opportunity to tax in
the future. This taxation would be city wide if enacted. This approval does not forego offering incentives
to companies coming into the City if the Council chooses to do so in the future. Mayor Pro Tem Byboth
had concerns with adding another taxation and the perception if gives to incoming businesses. Mr.
Satterwhite replied that the Council could still use 4A funds for incentives for property to companies the
WEDC and Council wished to locate within the City.
Public Hearing
Mayor Hogue opened the public hearing for Ordinance No. 2011-25 at 7:29 p.m. asking anyone present
wishing to address Council on this zoning case to come forward and keep their comments to three
minutes.
With no one coming forward to address Council, Mayor Hogue closed the public hearing.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to adopt
Ordinance No. 2011-25 authorizing the taxation of tangible personal property in transit which
would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. A vote was taken
and the motion passed 5-0 with Councilmen Jones and Goss absent.
General Business
4. Consider, and act upon, Ordinance No. 2011-26 amending Chapter 98 (Solid
Waste), Article II (Collection and Disposal) of the City of Wylie's Code of
Ordinances; providing for a penalty for the violations of this ordinance; providing
for repealing, savings and severability clauses; providing for an effective date of
this ordinance; and providing for the publication of the caption hereof. (I Butters,
Assistant City Manager)
Staff Comments
Assistant City Manager Butters addressed Council stating that the Solid Waste Ordinance was last
amended in 1983. Some of the provisions of the current ordinance conflict with the manner in which
solid waste service is currently provided. This amendment eliminates conflict between the ordinance
and the current solid waste contract. This amendment also eliminates some of the specifics as to the
manner in which solid waste services are provided so that the ordinance will not have to be amended
every time Council makes a change in the contract, or technology changes. Butters noted a red-line
version of all changes had been included in the agenda packet for review by Council.
Council Action
A motion was made by Councilman White, seconded by Councilwoman Culver to adopt
Ordinance No. 2011-26 amending Chapter 98 (Solid Waste), Article II (Collection and Disposal)
of the City of Wylie's Code of Ordinances; providing for a penalty for the violations of this
ordinance; providing for repealing, savings and severability clauses; providing for an effective
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date of this ordinance' and providing for the publication of the caption hereof. A vote was taken
and the motion passed 5-0 with Councilmen Jones and Goss absent.
5. Consider, and act upon, Resolution No. 2011-27(R) casting a vote for a candidate to
the Board of Directors of the Dallas Central Appraisal District for a two year term
beginning January 1,2012. (C. Ehrlich, City Secretary)
Staff Comments
City Secretary Ehrlich addressed Council stating that the Property Tax Code requires that the Chief
Appraiser conduct an election for the purpose of selecting representatives to the Board of Directors of
the Dallas Central Appraisal District every two years.
The Dallas Central Appraisal District has a five member Board of Directors; one representing the County
(Dallas County Tax Assessor Collector), a representative appointed by the Dallas ISD, a representative
appointed by the City of Dallas, a representative elected by the suburban cities (31 cities), and a
representative elected by the suburban ISDs (16 ISDs).
Ehrlich reported that the cities of DeSoto, Sachse, Seagoville, Farmer's Branch, and Richardson City
Council nominated Michael Hurtt as a candidate to the Board of Directors of the Dallas Central Appraisal
District. The city of Combine nominated Paul Norman as a candidate to the Board of Directors of the
Dallas Central Appraisal District. Per the 1979 resolution adopted by the taxing units participating in
Dallas Central Appraisal District, candidates are required to receive a majority of the votes in order to be
elected to the Board of Directors. Staff is requesting the Council vote for a candidate or abstains from
voting; ballots must be returned by December 19, 2011.
Council Action
A motion was made by Councilwoman Spillyards, seconded by Councilman White to cast one
vote for Michael Hurtt for the Board of Directors of the Dallas Central Appraisal District to serve
as the Suburban Cities Representative on the board. A vote was taken and the motion passed
5-0 with Councilmen Jones and Goss absent.
6. Consider, and act upon, Resolution No. 2011-28(R) casting votes for a candidate to
the Board of Directors of the Collin Central Appraisal District for a two year term
beginning January 1,2012. (C. Ehrlich, City Secretary)
Staff Comments
City Secretary Ehrlich addressed Council stating that the City of Wylie has 65 votes that they may cast
for a candidate to the Board of Directors of the Collin Central Appraisal District for a two year term
beginning January 1, 2012. The City of Wylie may cast all of its 65 votes for one candidate or distribute
the votes among any number of candidates (6) that were nominated. Ehrlich explained that votes for
each taxing entity have been determined by population. Wylie has 65 votes this year to cast. Mindy
Manson reported that there would be five candidate positions open.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to cast
all 65 votes for Wayne Mayo for the Board of Directors of the Collin Central Appraisal District
for a two year term beginning January 1, 2012. A vote was taken and the motion passed 5-0
with Councilmen Jones and Goss absent.
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WORK SESSION
• Discuss Planet Kidz Youth Program update.
Parks and Recreation Superintendent Diaz addressed Council showing an update presentation
regarding the recreation center hours. He presented a survey of current members of the
recreation center asking if they were in favor of the closure of the recreation center early on
Saturdays, whether they used the facility during the hours in question and whether they were in
favor of the Planet Kidz program. The survey was broken down to members with children and
those without children. He reported that results were mixed with regard to closing early;
however, the survey showed that many members did not utilize the facility during the hours that
would be earmarked for the program. About 7% of the overall membership responded to the
survey.
Diaz reported that staff had contacted WISD staff to determine whether the option to hold
Planet Kidz at the schools had been communicated to the board of trustees and the
superintendent. He explained that he was told that this was an administrative decision that
would not go to the trustees.
Diaz answered additional questions for the Council members.
REGULAR AGENDA
7. Consider, and act upon, modifying the Wylie Recreation Center operational hours
and authorizing the City Manager to execute a lease agreement with Planet Kidz,
Inc. for the operation of a youth activity program at the Wylie Recreation Center,
contingent upon City Attorney approval of the agreement and insurance
documents. (R. Diaz, Parks and Recreation Superintendant)
Staff Comments
Parks Superintendent Diaz addressed Council stating that if the City Council recommends implementing
the Planet Kidz program following the work session, staff has placed this individual item for consideration
on the Council agenda per direction provided by City Council at the October 25, 2011 Work Session.
This item would allow the Council to alter the Wylie Recreation Center hours of operation and by
resolution authorize the City Manager to enter into a lease agreement with Planet Kidz, Inc. pending City
Attorney review of the agreement.
Matt Rose and Dan Chestnut of the Wylie Parks and Recreation Board spoke about the benefit this
program would provide to children. Dale Oaks, owner and operator of Planet Kidz, spoke about the
success the program has had in other cities. Mayor Pro Tern Byboth explained that he had spoken to
several of the board of trustees who had contacted the City of Mesquite and other places that Planet
Kidz were currently operating. Trustees contacted felt hosting this type of event would be very hard on
school facilities and would require a lot of additional maintenance with the amount of children that would
be participating and wear and tear on the buildings.
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Council Discussion
Councilwoman Culver stated that she had concerns regarding holding the programs in the new
Recreation Center. She felt the wear and tear on the facility would outweigh the benefit provided and
would require additional ongoing maintenance to the building. She noted that additionally, the
memberships for the center were advertised with certain hours of operation and she felt those hours
should be maintained. Culver noted that there was currently a 7-11 age group program available to
members. She believed the Council should wait to see how this new program works prior to adding
anything additional.
Councilwoman Spillyards stated that her concerns had always been changing the hours of operation for
the recreation center. She stated that members had been promised a set schedule of hours and felt the
City should continue with those hours.
Mayor Pro Tern Byboth stated that he felt it was not governments place to provide these types of
activities. Councilman White commented that he felt the school district was the venue for this type of
program.
Council Action
A motion was made by Councilwoman Spillyards, seconded by Councilwoman Culver to leave
current hours of operation for the Wylie Recreation Center and to deny a proposed Planet Kidz
program contract between the City of Wylie and Planet Kidz. A vote was taken and the motion
passed 5-0 with Councilmen Jones and Goss absent.
WORK SESSION
• Public Services Department Overview
Public Services Director Mike Sferra gave a short overview of his department. He reported
activities that were conducted by the Parks, Recreation Center, Public Work (Water/Solid
Waste), and Maintenance. He presented pictures of some of the services provided by staff in
regard to locating stoppages in water/sewer lines and other service provided by public works.
He reported on current activities at the Recreation Center including classes currently being
offered at the center.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilwoman
Culver, seconded by Councilman White to adjourn the meeting at 9:05 p.m. A vote was taken
and the motion passed 5-0 with Councilmen Jones and Goss absent.
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