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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 Minutes November 8, 2011 Wylie City Council Page 1 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) Minutes November 8, 2011 Wylie City Council Page 2 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. Minutes November 8, 2011 Wylie City Council Page 3 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. Minutes November 8, 2011 Wylie City Council Page 4 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 Minutes November 8, 2011 Wylie City Council Page 5 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 Minutes November 8, 2011 Wylie City Council Page 6 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. Minutes November 8, 2011 Wylie City Council Page 7 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. Minutes November 8, 2011 Wylie City Council Page 8 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. 101011 0.4tATTEST: •.i/ s Carole EC Secretary VEZtr. �'• i •1887' , �' Minutes • ��5.' •..-: 1 Wylie City Council Page 9